Published on 30 October 2023
THIRD SECTION
Application no. 53913/15
Yelena Gennadyevna BORISOVA against Russia
and 24 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 5 October 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 charges
Penalty
Final domestic decision
Court Name
Date
Other complaints under well-established case-law
53913/15*
19/10/2015
Yelena Gennadyevna BORISOVA
1985
Nikolay Sergeyevich Zboroshenko
Mytishchi
Protest in defence of citizen’s rights
Moscow
01/02/2015
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
12/05/2015
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.
73381/17*
05/10/2017
Anastasiya Ilyinichna VASILYEVA
1996
Aleksey Vladimirovich Glukhov
Novocheboksarsk
Meeting with voters
Cheboksary
29/08/2020
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of Chuvashia
14/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 3.20 p.m. on 05/02/2021 until 8.32 a.m. on 06/02/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of administrative-offence proceedings;
Art. 10 (1) - various restrictions on the right to freedom of expression - the applicant together with three other persons was fined RUB 20,000 under Article 20.2 § 2 of the CAO for having publicly displayed a banner "You will not kill everyone, you will not imprison everyone" accompanied by lighting flares at the bridge in Cheboksary on 25/02/2017 (final decision on 13/04/2017 by the Supreme Court of Chuvashia).
84539/17*
14/12/2017
Denis Viktorovich UVAROV
1987
Konstantin Ilyich Terekhov
Moscow
Anti-corruption rally
St Petersburg
12/06/2017
article 19.3 § 1 of CAO; article 20.2 § 5 of CAO
detention for 10 days;
fine of RUB 10,000
St Petersburg City Court
16/06/2017 (two sets of the proceedings with the decisions being issued on the same day)
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 in terms of administrative-offence proceedings under Article 19.3 § 1 of the CAO was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
84562/17*
14/12/2017
Aleksandr Sergeyevich KOVALENKOV
1986
Konstantin Ilyich Terekhov
Moscow
Anti-corruption rally
St Petersburg
12/06/2017
article 19.3 § 1 of CAO;
article 20.2 § 5 of CAO
detention for 10 days;
fine of RUB 10,000
St Petersburg City Court
20/06/2017;
St Petersburg City Court
11/07/2017
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 3.25 p.m. on 12/06/2017 until afternoon on 13/06/2017, 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 both 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 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 in terms of administrative-offence proceedings under Article 19.3 § 1 of the CAO was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
84567/17*
14/12/2017
Aleksandr Aleksandrovich BARANOV
1983
Konstantin Ilyich Terekhov
Moscow
Anti-corruption rally
Moscow
12/06/2017
article 19.3 § 1 of CAO
detention for 10 days
Moscow City Court
15/06/2017
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 6.30 p.m. on 12/06/2017 until 10 a.m. on 13/06/2017;
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.
1310/18*
14/12/2017
Mark Aleksandrovich ABRAMOV
Aleksandr Dmitriyevich Peredruk
St Petersburg
Anti-corruption rally
St Petersburg
12/06/2017
article 20.2 § 5 of CAO;
article 19.3 § 1 of CAO
fine of RUB 15,000;
detention for 5 days
St Petersburg City Court 29/06/2017
St Petersburg City Court
16/06/2017
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 2.30 p.m. on 12/06/2017 until 6.30 p.m. on 13/06/2017;
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;
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. 4 - right not to be tried or punished twice in criminal proceedings - overlap of the facts constituting the basis for the applicant’s prosecution in the second set of proceedings (Art. 19.3 § 1 of CAO) with substantially the same facts underlying his conviction in the first set of proceedings (Art. 20.2 § 5 of CAO).
3610/18*
23/12/2017
Olesya Valeryevna KHRISTOSENKO
1997
Aleksandr Vasilyevich Popkov
Sochi
Anti-corruption rally
Sochi
12/06/2017
Rally to support A. Navalnyy
Sochi
07/10/2017
article 20.2 § 6.1 of CAO
article 20.2 § 8 of CAO
detention for 7 days
detention for 8 days
Krasnodar Regional Court
12/07/2017
Krasnodar Regional Court
02/11/2017
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;
Art. 6 (3) (b) - adequate time/facilities for preparation of defence and Art. 6 (3) (c) – absence of the applicant party from the appeal hearing in a criminal case - the applicant and her lawyer were notified about the appeal hearing on 02/11/2017 in the evening on 01/11/2017, which gave them no opportunity to participate in it owing to remote location of the court of appeal (290 km of distance from Sochi);
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant in both sets of administrative-offence proceedings was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
3617/18*
23/12/2017
Valeriy Paatayevich TUAYEV
1993
Aleksandr Vasilyevich Popkov
Sochi
Anti-corruption rally
Sochi
12/06/2017
Opposition protest
Sochi
26/03/2018
article 20.2 § 6.1 of CAO
article 20.2 § 8 of CAO
detention for 10 days
detention for 20 days
Krasnodar Regional Court
23/06/2017
Krasnodar Regional Court
19/04/2018
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;
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 in both sets of administrative-offence proceedings was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
3622/18*
23/12/2017
Sergey Nikolayevich LOMAN
1971
Aleksandr Vasilyevich Popkov
Sochi
Anti-corruption rally
Sochi
12/06/2017
article 20.2 § 6.1 of CAO
detention for 10 days
Krasnodar Regional Court
23/06/2017
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 6 (3) (b) - adequate time/facilities for preparation of defence and Art. 6 (3) (c) – absence of the applicant party from the appeal hearing in a criminal case - the applicant and his lawyer were notified about the appeal hearing 1.5 hours before its start and thus had no time to prepare for it;
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.
4821/18*
09/12/2017
Roman Viktorovich RUBANOV
1980
Ivan Yuryevich Zhdanov
Vilnius
Anti-corruption rally
Moscow
12/06/2017
article 19.3 § 1 of CAO
detention for 10 days
Moscow City Court
19/06/2017
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
5246/18*
03/01/2018
Anna Aleksandrovna IVANOVA
1991
Konstantin Ilyich Terekhov
Moscow
Anti-corruption rally
St Petersburg
12/06/2017
article 20.2 § 5 of CAO;
article 19.3 § 1 of CAO
fine of RUB 10,000; detention for 7 days
St Petersburg City Court
06/07/2017
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 2.25 p.m. on 12/06/2017 until 3 p.m. on 13/06/2017;
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 CAO.
5280/18*
08/01/2018
Aleksey Gennadyevich BUDKIN
1984
Konstantin Ilyich Terekhov
Moscow
Anti-corruption rally
St Petersburg
12/06/2023
article 20.2 § 5 of CAO; article 19.3 § 1 of CAO
fine of RUB 10,000; detention for 7 days
St Petersburg City Court
27/07/2017 (two sets of the proceedings which ended with separate decisions issued on the same day)
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 2.53 p.m. on 12/06/2017 until afternoon on 14/06/2017;
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 CAO.
24905/18
18/05/2018
Nikita Sergeyevich PAVLOV
1991
Konstantin Mikhaylovich Zinovyev
Nizhniy Novgorod
Rally to support A. Navalnyy
Nizhniy Novgorod
29/09/2017
article 20.2 § 5 of CAO
fine of RUB 15,000
Nizhniy Novgorod Regional Court
23/11/2017
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.
39376/18*
09/08/2018
Ilya Sergeyevich DANILOV
1989
Rally to support A. Navalnyy
Lipetsk
28/01/2018
Article 20.2 § 8 of CAO
detention for 20 days
Lipetsk Regional Court
12/02/2018
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 28/01/2021;
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 (under Article 20.2 § 8 and Article 20.2 § 2 of the CAO);
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 officer on whose written statements the applicant’s conviction was based (in the proceedings under Article 20.2 § 2 of the CAO);
Art. 10 (1) - conviction for making calls to participate in the rally to support A. Navalnyy on 23/01/2021 in Lipetsk, Article 20.2 § 2 of CAO, detention for 10 days, final decision Lipetsk Regional Court on 28/01/2021;
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant in the administrative-offence proceedings under Article 20.2 § 2 of CAO was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
50845/18*
10/10/2018
Aleksandr Andreyevich TEREVERKO
1993
Ivan Yuryevich Zhdanov
Vilnius
Political rally
Voronezh
05/05/2018
article 20.2 § 5 of CAO; article 19.3 § 1 of CAO
fine of RUB 10,000; detention for 2 days
Voronezh Regional Court
26/06/2018
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 7.35 p.m. on 05/05/2018 until 06/05/2018, 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 both sets of administrative-offence proceedings;
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - overlap of the facts constituting the basis for the applicant’s prosecution in the second set of proceedings (Art. 19.3 § 1 of CAO) with substantially the same facts underlying his conviction in the first set of proceedings (Art. 20.2 § 5 of the CAO).
53841/18*
25/10/2018
Maksim Igorevich KOSTAREV
1985
Aleksandr Dmitriyevich Peredruk
St Petersburg
Political rally
St Petersburg
05/05/2018
article 19.3 § 1 of CAO;
article 20.2 § 5 of CAO
detention for 10 days;
20 hours of community work
St Petersburg City Court 11/05/2018
St Petersburg City Court 10/01/2019
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 5.50 p.m. on 05/05/2018 until 9.15 a.m. on 06/06/2018;
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;
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 and question defence witnesses, in both sets of administrative offence proceedings;
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - overlap of the facts constituting the basis for the applicant’s prosecution in the second set of proceedings (Art. 20.2 § 5 of CAO) with substantially the same facts underlying his conviction in the first set of proceedings (Art. 19.3 § 1 of CAO).
57432/18
21/11/2018
Mariya Arkadyevna PECHISHCHEVA
1994
Varvara Dmitriyevna Mikhaylova
St Petersburg
Political rally
St Petersburg
05/05/2018
article 20.2 § 5 of CAO;
article 19.3 § 1 of CAO
fine of RUB 10,000;
detention for 3 days
St Petersburg City Court 29/05/2018
St Petersburg City Court
22/05/2018
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 5.40 p.m. on 05/05/2018 until 07/05/2018, when she was taken to the court;
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;
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. 4 - right not to be tried or punished twice in criminal proceedings - overlap of the facts constituting the basis for the applicant’s prosecution in the second set of proceedings (Art. 19.3 § 1 of CAO) with substantially the same facts underlying his conviction in the first set of proceedings (Art. 20.2 § 5 of CAO).
3834/19*
29/12/2018
Rostislav Sergeyevich CHULEVSKIY
1995
Aleksandr Vasilyevich Popkov
Sochi
Political rally
Krasnodar
05/05/2018
article 20.2 § 5 of CAO; article 19.3 § 1 of CAO
fine of RUB 10,000; detention for 1 day
Krasnodar Regional Court
04/07/2018
Art. 5 (1) - unlawful detention - escorting to and detention at the police station from 6.45 p.m. on 05/05/2018 until 10 a.m. on 06/05/2018;
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.
4263/19*
13/12/2018
Denis Andreyevich SHAKHOV
1999
Ivan Yuryevich Zhdanov
Vilnius
Political rally
St Petersburg
05/05/2018
article 20.2 § 5 of CAO; article 19.3 § 1 of CAO
fine of RUB 10,000; fine of RUB 700
St Petersburg City Court
26/06/2018 (two sets of the proceedings with the decisions issued on the same date)
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.55 p.m. on 05/05/2018 until 3.30 a.m. on 06/05/2018;
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. 4 - right not to be tried or punished twice in criminal proceedings - overlap of the facts constituting the basis for the applicant’s prosecution in the second set of proceedings (Art. 19.3 § 1 of CAO) with substantially the same facts underlying his conviction in the first set of proceedings (Art. 20.2 § 5 of CAO).
5293/19*
13/12/2018
Ivan Aleksandrovich MILGUNOV
1999
Ivan Yuryevich Zhdanov
Vilnius
Political rally
Voronezh
05/05/2018
article 20.2 § 5 of CAO; article 19.3 § 1 of CAO
fine of RUB 10,000; detention for 4 days
Voronezh Regional Court
25/06/2018 (two sets of the proceedings with the decisions issued on the same date)
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 5.47 p.m. on 05/05/2018 until 06/05/2018, 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 both sets of administrative-offence proceedings;
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - overlap of the facts constituting the basis for the applicant’s prosecution in the second set of proceedings (Art. 19.3 § 1 of CAO) with substantially the same facts underlying his conviction in the first set of proceedings (Art. 20.2 § 5 of CAO).
6638/19*
21/01/2019
Aleksandr Nikolayevich ZINOV
1983
Ivan Yuryevich Zhdanov
Vilnius
Political rally
Kaluga
05/05/2018
article 19.3 § 1 of CAO;
article 20.2.2
§ 1 of CAO
fine of RUB 500;
fine of RUB 5,000
Kaluga Regional Court 16/08/2018
Kaluga Regional Court
21/08/2018
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.10 p.m. until 5.49 p.m. on 05/05/2018;
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.
17161/19*
11/03/2019
Irina Igorevna SIGOVA
1988
Kseniya Andreyevna Mikhaylova
St Petersburg
Rally in support of LGBTI community
St Petersburg
04/08/2018
article 20.2 § 5 of CAO
fine of RUB 15,000
St Petersburg City Court
11/09/2018
Art. 6 (1) - unfair trial in administrative offence proceedings - various deficiencies of the administrative offence proceedings (no possibility to adduce evidence, namely video recordings, or question police officers on whose written statements the conviction was based).
18240/19*
22/03/2019
Aleksey Yuryevich VORSIN
1987
Tatyana Sergeyevna Glushkova
Moscow
Rally in support of S. Furgal
Khabarovsk
25/07/2020
article 20.2 § 6.1 of CAO
detention for 10 days
Khabarovsk Regional Court
27/10/2020
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 4.55 p.m. on 15/08/2020 until 17/08/2020, 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 under Article 20.2 § 8 of the CAO (final decision Khabarovsk Regional Court on 04/10/2018) and Article 20.2 § 5 of the CAO (final decision Khabarovsk Regional Court on 27/10/2020);
Art. 10 (1) - conviction for making calls to participate in public events –
1) rally to support A. Navalnyy and S. Furgal on 23/01/2021, Article 20.2 § 8 of the CAO, fine of RUB 150,000, final decision on 24/02/2021, Khabarovsk Regional Court;
2) protest against retirement age hike on 09/09/2018, Article 20.2 § 8 of the CAO, detention for 15 days, final decision on 04/10/2018 Khabarovsk Regional Court.
31913/19*
29/05/2019
Oleg Aleksandrovich YELANCHIK
1990
Protest against war in Ukraine
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
29/07/2022
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 06/03/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 17.3 § 2 of the CAO (final decision Dorogomilovskiy District Court of Moscow on 23/01/2019);
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 the proceedings under Article 20.2 § 5 of the CAO).
57166/19*
16/10/2019
Isropil Mikailovich NALGIYEV
1990
Marina Vladimirovna Agaltsova
Moscow
Protest against change of borders between Ingushetia and Chechnya
Magas
25/03/2019
article 20.2 § 5 of CAO
fine of RUB 20,000
Supreme Court of Ingushetia 13/06/2019
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
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