Published on 26 June 2023
FIFTH SECTION
Application no. 2838/22
Aleksey Andreyevich BORIS against Russia
and 17 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 1 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
2838/22*
09/12/2021
Aleksey Andreyevich BORIS
2002
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
23/01/2021
Article 20.2 § 5 of CAO
fine of
RUB 20,000
Moscow City Court
09/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 7 p.m. on 23/01/2021 to 1:00 a.m. on 24/01/2021[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 his conviction was based[3].
4578/22*
17/12/2021
Nikita Valeryevich CHECHIKOV
1995
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Chelyabinsk
21/04/2021
Article 20.2 § 5 of CAO
30 hours of community work
Chelyabinsk Regional Court
17/06/2021
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 during the trial the police officers on whose written statements his conviction was based.
4626/22*
24/12/2021
Vasiliy Anatolyevich IPPOLITOV
1986
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
Article 20.2 § 6.1 of CAO
fine of
RUB 10,000
Moscow City Court
11/05/2021
(The applicant received a copy of the appeal decision of 11/05/2021 on 24/06/2021 (due to Covid-related restrictions))
Art. 5 (1) - unlawful detention - escorting to the police station and detention at the police station after compiling an offence report from 7 p.m. on 31/01/2021 to 7 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) - 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 his conviction was based.
5566/22*
24/12/2021
Margarita Viktorovna DUDENKOVA
2001
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Saransk
21/04/2021
Article 20.2 § 5 of CAO
fine of
RUB 10,000
Supreme Court of the Republic of Mordovia
07/07/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 08:45 p.m. on 21/04/2021 to 2:05 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;
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 two police officers on whose written statements her conviction was based.
5635/22
24/12/2021
Mariya Dmitriyevna CHUPINA
1997
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
Article 20.2 § 6.1 of CAO
fine of
RUB 15,000
Moscow City Court
21/10/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 00:50 a.m. on 03/02/2021 to 08:35 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.
5643/22*
24/12/2021
Mariya Aleksandrovna MOZHAYEVA
2000
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
Article 20.2 § 6.1 of CAO
fine of
RUB 10,000
Moscow City Court
25/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 1:30 a.m. to 7:30 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) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine during the trial the police officers on whose statements her conviction was based;
Art. 6 (1) - lack of fair hearing - denial of opportunity to adduce evidence in support of the applicant’s account of events (video records and photographs)[4].
5791/22*
09/12/2021
Andrey Sergeyevich ELSHIN
1992
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
Article 20.2 § 6.1 of CAO
fine of
RUB 10,000
Moscow City Court
11/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report (arrested at 9:45 p.m. on 02/02/2021, brought to the police station at 11:00 p.m., brought before the court directly from the police station at 9:00 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 his conviction was based; refusal to obtain attendance of a witness who could disprove the account of events provided by the police officers.
5795/22*
09/12/2021
Ilya Sergeyevich KARNAVSKIY
1996
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Nizhniy Novgorod
31/01/2021
Article 20.2 § 5 of CAO
fine of
RUB 10,000
Nizhniy Novgorod Regional Court
10/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report (arrested at 12:15 p.m. on 31/01/2021, brought to the police station at 1:30 p.m., released at 9 p.m.);
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
5798/22*
09/12/2021
Yuriy Dmitriyevich GARNOV
1999
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
Article 20.2 § 5 of CAO
fine of
RUB 15,000
Moscow City Court
11/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report: arrested at 11:05 a.m. on 02/02/2021, brought to the police station at 12:01 p.m., released at 8:50 p.m.;
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 his conviction was based.
6351/22*
11/01/2022
Aleksandra Sergeyevna ABDUGAPAROVA
1990
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
St Petersburg
31/01/2021
Article 20.2.2 § 1 of CAO
fine of
RUB 15,000
St Petersburg City Court
13/07/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling the offence record (arrested at 3 p.m. on 31/01/2021, brought to the police station at 6 p.m. on the same day, released at 9 a.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) - 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 her conviction was based.
7146/22
26/01/2022
Denis Aleksandrovich PALASHKIN
1989
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Voronezh
21/04/2021
Article 20.2 § 5 of CAO
fine of
RUB 10,000
Voronezh Regional Court
27/07/2021
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.
7261/22
13/01/2022
Sergey Yevgenyevich GINDILIS
1994
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
Article 20.2 § 6.1 of CAO
fine of
RUB 10,000
Moscow City Court
13/07/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report (arrested at 3:00 p.m. on 31/01/2021, brought to the police station at 5:00 p.m., released at 00:30 a.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) - 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 his conviction was based.
7321/22*
27/01/2022
Mark Armenovich FRANGULYAN
2000
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
Election
protest
Moscow
20/09/2021
Article 20.2 § 5 of CAO
Article 20.2 § 8 of CAO
fine of
RUB 10,000
detention for 15 days
Moscow City Court
09/08/2021
Moscow City Court
08/10/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report:
1) arrested at 11:30 p.m. on 02/02/2021, brought to the police station at 00:30 a.m. on 03/02/2021, released at 05:20 a.m. on 03/02/2021;
2) arrested at 5:40 p.m. on 24/09/2021, brought to the police station at 6:00 p.m., brought before the court directly from the police station at 2:30 p.m. on 25/09/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of administrative-offence 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 Code of Administrative Offences[5].
7324/22*
27/01/2022
Yaroslav Aleksandrovich KURENKOV
1996
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
Article 20.2 § 6.1 of CAO
fine of
RUB 10,000
Moscow City Court
29/09/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 00:10 a.m. to 1 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 his conviction was based.
7329/22*
27/01/2022
Sofya Mikhaylovna SENCHENKOVA
1994
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
Article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
29/07/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 11:05 a.m. to 5:38 p.m. on 02/02/2021;
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 her conviction was based.
7331/22*
20/01/2022
Dmitriy Mikhaylovich BIBICHKOV
1990
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
Article 20.2 § 5 of CAO
fine of
RUB 15,000
Moscow City Court
29/07/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from midday to 9:50 p.m. on 02/02/2021;
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 his conviction was based.
7341/22
20/01/2022
Pavel Aleksandrovich YAGUSHEVSKIY
1996
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Perm
21/04/2021
Article 20.2 § 5 of CAO
fine of
RUB 10,000
Perm Regional Court
23/07/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 22/04/2021 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 his conviction was based.
7345/22
20/01/2022
Dmitriy Vitalyevich GLOBOV
1996
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
St Petersburg
31/01/2021
Article 20.2.2 § 1 of CAO
fine of
RUB 10,000
St Petersburg City Court
20/07/2021
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 his conviction was based.
[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] Kasparov and Others v. Russia (no. 2), no. 51988/07, §§ 48-51, 13 December 2016.
[5] Martynyuk v. Russia, no. 13764/15, §§ 38-42, 8 October 2019.