Published on 24 July 2023
THIRD SECTION
Application no. 46694/21
Artem Valeryevich BOROVKOV against Russia
and 24 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 29 June 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 charges
Penalty
Final domestic decision
Court Name
Date
Other complaints under well-established case-law
46694/21*
07/08/2021
Artem Valeryevich BOROVKOV
1995
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
detention for 13 days
Moscow City Court
08/02/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 2.20 p.m. on 31/01/2021 until 8.10 p.m. on 01/02/2021[1];
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings[2];
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[3];
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[4].
46701/21
07/08/2021
Artem Gennadyevich NIKIFOROV
1990
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
10/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 11.10 a.m. on 02/02/2021 until 2.00 a.m. on 03/02/2021;
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) - 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.
47661/21*
15/09/2021
Anastasiya Yevgenyevna ILYINA
2002
Aleksandr Yevgenyevich Pomazuyev
Vilnius
Rally "Free Navalnyy"
Ulyanovsk
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Ulyanovsk Regional Court
25/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report;
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.
48059/21
11/09/2021
Ruslan Aleksandrovich ROZHNEV
1996
Yelena Aleksandrovna Soboleva
Izhevsk
Rally “Free Navalnyy”
Izhevsk
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of Udmurtia
21/06/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 21/04/2021 for compiling an offence report;
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.
48965/21*
24/09/2021
Anton Sergeyevich ZHIGALOV
1982
Aleksandr Yevgenyevich Pomazuyev
Vilnius
Rally “Free Navalnyy”
Kaliningrad
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Kaliningrad Regional Court
30/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report.
49386/21*
27/09/2021
Yevgeniy Yuryevich RODIONOV
1987
Sergey Aleksandrovich Loktev
St Petersburg
Rally “Free Navalnyy”
St Petersburg
02/02/2021
article 20.2 § 2 of CAO
fine of RUB 10,000
St Petersburg City Court
30/03/2021
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) - 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.
49777/21*
17/09/2021
Nikita Nikolayevich RODIONOV
1998
Rally “Free Navalnyy”
Chelyabinsk
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Chelyabinsk Regional Court
17/03/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
49911/21
17/09/2021
Konstantin Nikolayevich OKUNEV
1968
Rally "Free Navalnyy"
Perm
31/01/2021
article 20.2 § 2 of CAO
detention for 5 days
Perm Regional Court
24/03/2021
Art. 5 (1) - unlawful detention - escorting to police station no. 7 on 02/02/2021 for compiling an offence report;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
49932/21
18/09/2021
Ilya Pavlovich LEVIN
1998
Natalya Aleksandrovna Nechiporenko
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Moscow City Court
18/03/2021
Art. 5 (1) - unlawful detention - escorting to the Mozhayskiy police station on 31/01/2021 for compiling an offence report;
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.
50165/21
22/09/2021
Denis Valentinovich ORLOV
1990
Yelena Aleksandrovna Soboleva
Izhevsk
Rally "Free Navalnyy"
Izhevsk
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of Udmurtia
24/05/2021
Art. 5 (1) - unlawful detention - escorting to the Izhevsk police station 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.
50167/21*
23/09/2021
Aleksey Nikolayevich GOLOVKO
1998
Arkadiy Vitalyevich Shindyapin
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
17/05/2021
Art. 5 (1) - unlawful detention - escorting to the Obruchevskiy police station on 31/01/2021 for compiling an offence report;
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.
50222/21*
29/09/2021
Alina Alekseyevna STELMASHENKO
2001
Dmitriy Vladimirovich Zubarev
Vladivostok
Rally "Free Navalnyy"
Vladivostok
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Primorye Regional Court
27/04/2021
Art. 5 (1) - unlawful detention - escorting to police station no. 4 on 31/01/2021 for compiling an offence report;
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.
50230/21
29/09/2021
Kirill Borisovich CHISTYAKOV
1980
Dmitriy Vladimirovich Zubarev
Vladivostok
Rally "Free Navalnyy"
Vladivostok
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Primorye Regional Court
13/04/2021
Art. 5 (1) - unlawful detention - escorting to police station no. 1 on 31/01/2021 for compiling an offence report;
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.
50255/21*
29/09/2021
Anna Aleksandrovna SAPRONOVA
1997
Dmitriy Vladimirovich Zubarev
Vladivostok
Rally "Free Navalnyy"
Vladivostok
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Primorye Regional Court
17/05/2021
Art. 5 (1) - unlawful detention - escorting to police station no. 4 in Vladivostok on 31/01/2021;
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.
50884/21*
05/10/2021
Anna Andreyevna NAZAROVA
1993
Stanislav Vyacheslavovich Solovyev
Moscow
Rally "Free Navalnyy"
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
06/04/2021
Art. 5 (1) - unlawful detention - escorting to the Ryazanskiy police station on 23/01/2021 for compiling an offence report;
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.
51227/21*
08/10/2021
Oleg Sergeyevich GOLOTYAK
1977
Mariya Valeryevna Chashchilova
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
13/05/2021
Art. 5 (1) - unlawful detention - escorting to the Nagatinskiy police station on 31/01/2021 for compiling an offence report;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
51234/21*
01/10/2021
Aleksey Alekseyevich DEMENTYEV
1981
Oksana Gennadyevna Olgerdt
Moscow
Rally "Free Navalnyy"
Moscow
03/02/2021
article 20.2 § 6.1 of CAO
detention for 10 days
Moscow City Court
02/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the Zapadnoye Degunino police station for more than twenty hours on 03/02/2021 after the offence record was drawn up;
Art. 6 (1) - unfair criminal proceedings - various deficiencies of the administrative offence proceedings (no possibility to adduce evidence)[5].
51532/21
01/10/2021
Andrey Aleksandrovich SHEVCHENKO
2002
Rally "Free Navalnyy"
Penza
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Penza Regional Court
01/04/2021
Art. 5 (1) - unlawful detention - escorting to police station no. 1 in Penza 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) - unfair trial in administrative offence proceedings - various deficiencies of the administrative offence proceedings (no possibility to adduce video footage as evidence; inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based).
51596/21*
08/10/2021
Leonid Vladimirovich NIKONISHIN
1991
Rally "Free Navalnyy"
Voronezh
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10.000
Voronezh Regional Court
13/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at police station no. 6 in Voronezh between 4 p.m. and 10 p.m. on 31/01/2021 after compiling an offence report;
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.
51989/21
12/10/2021
Lyubov Dmitriyevna MISHINA
2002
Mikhail Mikhaylovich Benyash
Krasnodar
Rally "Free Navalnyy"
Krasnodar
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Krasnodar Regional Court
24/05/2021
52009/21*
08/10/2021
Marina Mikhaylovna PODVALNAYA
1995
Ilya Yulyevich Nazarov
Moscow
Rally “Free Navalnyy”
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
detention for 5 days
Moscow City Court
12/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the Fili police station after compiling an offence report between 11 p.m. on 02/02/2021 and 5.30 p.m. on 03/02/2021;
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 - unfair trial in administrative offence proceedings (refusal of the court to summon defence witnesses; inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based).
52015/21*
08/10/2021
Anna Sergeyevna MINCHENKO
1996
Ilya Yulyevich Nazarov
Moscow
Rally “Free Navalnyy”
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
detention for 5 days
Moscow City Court
12/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the Fili police station after compiling an offence report between 11 p.m. on 02/02/2021 and 5 p.m. on 03/02/2021;
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) - 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.
52244/21
01/10/2021
Gordey Yevgenyevich SIVKOV
1990
Yeva Viktorovna Levenberg
Moscow
Rally “Free Navalnyy”
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
21/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the Altufyevo police station in Moscow for compiling an offence report between 4.35 p.m. and 9.40 p.m. 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.
52471/21*
04/10/2021
Sergey Nikolayevich PANASYUK
1990
Polina Aleksandrovna Sidelnikova
Vladivostok
Rally “Free Navalnyy”
Vladivostok
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Primorye Regional Court
19/04/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
52564/21
05/10/2021
Dmitriy Andreyevich BEREZNIKOV
1996
Ilya Vladimirovich Sivoldayev
Voronezh
Rally “Free Navalnyy"
Voronezh
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Voronezh Regional Court
05/04/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
[1] Butkevich v. Russia, no. 5865/07, §§ 63-65, 13 February 2018, Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 115-31, 10 April 2018, and Korneyeva v. Russia, no. 72051/17, §§ 34-36, 8 October 2019.
[2] Karelin v. Russia, no. 926/08, §§ 58-85, 20 September 2016.
[3] Schatschaschwili v. Germany [GC], no. 9154/10, §§ 100-31, ECHR 2015, and Murtazaliyeva v. Russia [GC], no. 36658/05, §§ 150-59, 18 December 2018.
[4] Martynyuk v. Russia, no. 13764/15, §§ 38-42, 8 October 2019.
[5] Kasparov and Others v. Russia (no. 2), no. 51988/07, §§ 48-51, 13 December 2016.