Published on 8 January 2024
FIFTH SECTION
Application no. 10450/21
Yuriy Aleksandrovich BOLSHOV against Russia
and 23 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 30 November 2023, the Court decided, under Rule 54 § 2 (b) of the Rules of Court, that notice of the applications should be given to the Government of Russia.
In the applications marked by an asterisk, other complaints were raised. This part of the applications has been struck out of the Court’s list of cases or declared inadmissible by the Court, sitting in a single-judge formation, assisted by a rapporteur as provided for in Article 24 § 2 of the Convention.
In the enclosed list of applications, whenever an applicant is referred to using initials, this indicates that the Court has authorised anonymity for that person, whose identity will not be disclosed to the public (Rule 47 § 4).
For further information on the procedure following communication of an application brought against Russia, subject of well-established case law of the Court, please refer to the Court’s website.
SUBJECT MATTER
The applications concern complaints raised under Article 11 of the Convention relating to disproportionate measures against organisers and participants of public assemblies which are the subject of well-established case law of the Court (see Frumkin v. Russia, no. 74568/12, ECHR 2016 (extracts), Navalnyy and Yashin v. Russia, no. 76204/11, 4 December 2014 and Kasparov and Others v. Russia, no. 21613/07, 3 October 2013).
APPENDIX – STATEMENT OF FACTS
List of applications raising complaints under Article 11 of the Convention
(disproportionate measures against organisers and participants of public assemblies)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Name of the public event
Location
Date
Administrative / criminal offence
Penalty
Final domestic decision
Court Name
Date
Other complaints under well-established case-law
10450/21*
18/01/2021
Yuriy Aleksandrovich BOLSHOV
1996
Dmitriy Vladimirovich Zubarev
Vladivostok
Rally to support S.Furgal
Khabarovsk
25/07/2020
article 20.2 § 2 of CAO
detention for 7 days
Primorye Regional Court
30/07/2020
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 26/07/2020;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based;
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
20410/21
16/03/2021
Natalya Petrovna BARANOVA
1959
Aleksey Vladimirovich Glukhov
Novocheboksarsk
Political rally
Samara
21/06/2020
article 20.2 § 5 of CAO
fine of RUB 10,000
Samara Regional Court
17/09/2020
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
36425/21*
30/06/2021
Sven Karlovich NORDIN
1983
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Kaliningrad
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Kaliningrad Regional Court
25/05/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 31/01/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.
40155/21*
21/07/2021
Pavel Vasilyevich KOROLKOV
1998
Leonid Alekseyevich Solovyev
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
Anti-war protest
Moscow
06/03/2022
article 20.2 § 6.1 of CAO
article 20.2 § 5 of CAO
detention for 10 days
fine of RUB 20,000
Moscow City Court
12/04/2021
Moscow City Court
15/11/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report (1) from 4:10 p.m. on 31/01/2021 until 01/02/2021, when the applicant was taken to the court, and
(2) from 06/03/2022 until 07/03/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in the proceedings relating to the rally on 31/01/2021,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - impossibility to cross-examine police officers on whose statements the applicant’s conviction was based in the proceedings relating to the rally on 31/01/2021;
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
40472/21*
04/07/2021
Nikita Vitalyevich YAKOVLEV
1997
Darya Dmitriyevna Aksenova
Kolomna
Rally "Free Navalnyy"
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
10/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 23/01/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.
43784/21*
26/08/2021
Maksim Dmitriyevich STENKIN
1991
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
Rally "Free Navalnyy"
Moscow
21/04/2021
Anti-war protest
Moscow
04/03/2022
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
article 20.2 § 8 of CAO
fine of RUB 20,000
fine of RUB 10,000
detention for 15 days
Moscow City Court
11/05/2021
Moscow City Court
27/10/2021
Moscow City Court
11/03/2022
Art. 5 (1) - unlawful detention –
(1) escorting to and detention at the police station for compiling an offence report from 4.23 p.m. on 31/01/2021 until 1.30 a.m. on 01/02/2021, (2) escorting to the police station for compiling an offence record on 21/04/2021, and (3) escorting to and detention at the police station for compiling an offence report from 7 p.m. on 04/03/2022 until 05/03/2022, when the applicant was taken to the court;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of administrative-offence proceedings;
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based, in all sets of proceedings;
Art. 8 (1) - private life - use of facial recognition technology in identifying and convicting the applicant (in connection with his participation in the rally on 21/04/2021).
44321/21*
09/08/2021
Yevgeniy Aleksandrovich YELISEYEV
1971
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
Anti-war rally
Moscow
06/03/2022
article 20.2
§ 6.1 of CAO
article 20.2 § 5 of CAO
detention for 15 days
fine of RUB 15,000
Moscow City Court
09/02/2021
Moscow City Court
09/09/2022
Art. 5 (1) - unlawful detention – (1) escorting to and detention at the police station after compiling an offence report from 1.45 p.m. on 31/01/2021 until 6 p.m. on 01/02/2021; (2) escorting to the police station on 06/03/2022 for compiling an offence report;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings;
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based in both sets of the proceedings;
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO, in the proceedings concerning the rally of 31/01/2021.
47430/21*
12/09/2021
Andrey Sergeyevich SKRIPNIK
1996
Irina Aleksandrovna Yatsenko
Moscow
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2
§ 6.1 of CAO
fine of RUB 15,000
Moscow City Court
12/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3 p.m. on 31/01/2021 until 6.30 p.m. on 01/02/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 6 (1) - unfair trial in administrative offence proceedings - various deficiencies of the administrative offence proceedings (lack of time and facilities to prepare the defence, no possibility to adduce evidence);
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based.
47449/21*
08/09/2021
Aleksandr Nikolayevich RYABCHUK
1989
Aleksey Aleksandrovich Pryanishnikov
Tomsk
Rally “Free Navalnyy”
Rostov-on-Don
23/01/2021
article 20.2
§ 6.1 of CAO
detention for 5 days
Rostov Regional Court
10/03/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 6 (1) - unfair trial in administrative offence proceedings - various deficiencies of the administrative offence proceedings (lack of time and facilities to prepare the defence, unreasoned judgment).
48963/21*
22/09/2021
Veronika Yuryevna NIKULSHINA
1997
Mansur Idrisovich Gilmanov
Podolsk
Rally in support of LGBTI community
Moscow
07/10/2020
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
29/06/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 08/10/2020;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.
49349/21*
22/09/2021
Aleksey Olegovich VASILYEV
2003
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Omsk
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Omsk Regional Court
06/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.20 p.m. until 7.50 p.m. on 31/01/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.
55096/21*
18/10/2021
Semen Alekseyevich TERESHONKOV
1982
Ernest Aleksandrovich Mezak
Saint-Barthélemy-d’Anjou
Rally "Free Navalnyy"
Syktyvkar
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Komi Republic
19/05/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 5 of the CAO;
Art. 10 (1) - various restrictions on the right to freedom of expression –
(1) on 01/06/2022 the applicant was found guilty of posting a text discrediting Russian military forces in VKontakte social network under Article 20.3.3 § 1 of the CAO (Discredit war); fined RUB 30,000, final decision on 21/09/2022 by the Supreme Court of the Komi Republic;
(2) on 10/08/2022 the applicant was found guilty of posting a drawing discrediting Russian military forces in VKontakte social network under Article 20.3.3 § 1 of the CAO (Discredit war); fined RUB 30,000, final decision on 28/09/2022 by the Supreme Court of the Komi Republic.
56282/21*
25/10/2021
Konstantin Viktorovich KISELEV
1963
Nikolay Sergeyevich Zboroshenko
Mytishchi
Opposition rally
Moscow
13/03/2021
article 20.33 of CAO
fine of RUB 15,000
Izmaylovskiy District Court of Moscow
06/07/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 10.30 a.m. until 3.30 p.m. on 13/03/2021;
Art. 6 (1) - unfair trial in administrative offence proceedings - various deficiencies of the administrative offence proceedings (absence of lawyer during arrest, refusal to admit exonerating evidence, inability to cross-examine in the trial the police officers on whose written statements the conviction was based).
8359/22*
25/01/2022
Yegor Sergeyevich LEVIN
1999
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Barnaul
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Altay Regional Court
11/08/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 8.10 p.m. and 11.30 p.m. on 21/04/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
12127/22*
01/02/2022
Yuliya Mikhaylovna DOLZHENKO
1986
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Belgorod
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Belgorod Regional Court
02/08/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 8.30 p.m. on 21/04/2021 until 12.45 a.m. on 22/04/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
13422/22
10/02/2022
Igor Viktorovich SHPEKHT
1984
Vladimir Valeryevich Vasin
Krasnoyarsk
Rally "Free Navalnyy"
Krasnoyarsk
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Krasnoyarsk Regional Court
12/08/2021
33210/22*
06/06/2022
Viktor Vladimirovich KAZAKOV
1954
Aleksey Vladimirovich Bushmakov
Yekaterinburg
Anti-war rally
Novouralsk
31/03/2022
article 20.2 § 2 of CAO
detention for 9 days
Sverdlovsk Regional Court
28/04/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 10/04/2022 until 11/04/2022, when the applicant was taken to the court;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings in connection with events of 27/02/2022; 31/03/2022; 19/04/2022; 13/05/2022;
Art. 10 (1) - various restrictions on the right to freedom of expression –
1) Novouralsk / 27/02/2022 / anti-war solo demonstration / Article 20.6.1. § 1 / Sverdlovsk Regional Court / 07/09/2022 / fine of RUB 10,000;
2) Publishing an anti-war article online / 19/04/2022 / Article 20.3.3 § 1 of the CAO (public actions aimed at discrediting the use of the Russian Armed Forces) / Sverdlovsk Regional Court / 27/07/2022 / fine of RUB 30,000;
3) Publishing an anti-war article online / 13/05/2022 / Article 20.3.3 § 1 of the CAO (public actions aimed at discrediting the use of the Russian Armed Forces) / Sverdlovsk Regional Court / 30/06/2022 / fine of RUB 30,000;
4) Publishing an anti-war poem online / 31/05/2022 / Article 20.3.3 § 1 of the CAO (public actions aimed at discrediting the use of the Russian Armed Forces) / Sverdlovsk Regional Court / 21/12/2022 / fine of RUB 40,000;
5) Posting a picture of a car with the signs "Z" and "V" online and calling them swastikas / 03/06/2022 / Article 20.3.3 § 1 of the CAO (public actions aimed at discrediting the use of the Russian Armed Forces) / Sverdlovsk Regional Court / 02/11/2022 / fine of RUB 40,000;
6) Posting online a link to the materials against the war in Ukraine / 11/06/2022 / Article 20.3.3 § 1 of the CAO (public actions aimed at discrediting the use of the Russian Armed Forces) / Sverdlovsk Regional Court/ fined 02/11/2022 / fine of RUB 40,000;
7) Posting online a link to the materials on civil casualties in Ukraine / 21/06/2022 / Article 20.3.3 § 1 of the CAO (public actions aimed at discrediting the use of the Russian Armed Forces) / Sverdlovsk Regional Court fined 16/11/2022 / fine of RUB 40,000,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
41682/22
09/08/2022
Lyubov Sergeyevna SAMYLOVA
1999
Luiza Magomedovna Magomedova
St Petersburg
Anti-war rally
St Petersburg
25/02/2022
article 20.2 § 5 of CAO
fine of RUB 15,000
St Petersburg City Court
19/04/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 8 p.m. on 24/02/2022 until 25/02/2022, when the applicant was taken to the court;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.
10035/23*
13/02/2023
Arina Sergeyevna ZEYKAN
1999
Anti-war rally
Moscow
28/02/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
13/10/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 7.35 p.m. on 28/02/2022 until 4 p.m. on 01/03/2022.
11763/23*
20/02/2023
Valentina Petrovna YASHINA
1954
Anti-war protest
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
31/10/2022
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 3.40 p.m. until 7 p.m. on 06/03/2022.
13214/23*
17/03/2023
Darya Dmitriyevna TEREKHOVA
2003
Anti-war rally
Moscow
27/02/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
21/11/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 8 p.m. on 27/02/2022 until 7.30 p.m. on 28/02/2022.
31231/23*
21/07/2023
Arshak Arturovich MAKICHYAN
1994
Anti-war protest
Moscow
25/02/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
21/03/2023
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1 p.m. until 6.30 p.m. on 25/02/2022.
31282/23*
06/07/2023
Tamara Petrovna SOLODOVNIKOVA
1958
Anti-war protest
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
13/03/2023
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 3.10 p.m. until 7 p.m. on 06/03/2022.
31283/23*
24/07/2023
Yekaterina Valentinovna PANKOVA
1991
Anti-war protest
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
27/03/2023
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.25 p.m. until 8.38 p.m. on 06/03/2022.
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