Published on 26 February 2024
THIRD SECTION
Application no. 26529/18
Aleksey Vladimirovich BOYAROV against Russia
and 4 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 1 February 2024, 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 5 § 1 of the Convention relating to unlawful detention (deprivation of liberty) which are the subject of well-established case law of the Court (see Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, 26 June 2018, Rozhkov v. Russia (no. 2), no. 38898/04, §§ 91-96, 31 January 2017, Butkevich v. Russia, no. 5865/07, § 67, 13 February 2018, Kuptsov and Kuptsova v. Russia, no. 6110/03, § 81, 3 March 2011 and Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018).
APPENDIX – STATEMENT OF FACTS
List of applications raising complaints under Article 5 § 1 of the Convention
(unlawful detention (deprivation of liberty))
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Start date of unauthorised detention
End date of unauthorised detention
Specific defects
Other complaints under well-established case-law
26529/18*
22/05/2018
Aleksey Vladimirovich BOYAROV
1996
Ivan Yuryevich Zhdanov
Vilnius
21/08/2020, 3 p.m.
23/01/2021
21/08/2020, 7.48 p.m.
23/01/2021
Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019), raised in the administrative proceedings
Art. 10 (1) - disproportionate measures against solo demonstrators –
conviction under Art. 20.2 § 5 CAO for a solo picket in support of A. Navalnyy staged on 21/08/2020 in Kazan, sentenced to 20 hours of community work, Supreme Court of the Tatarstan Republic, 14/10/2020, rotation - event classified as an assembly post facto (lodged on 10/02/2021);
Art. 10 (1) - conviction for making calls to participate in public events - (1) conviction under Art. 20.2 § 8 CAO for having published in social media "VKontakte" calls for participation in a rally "Free Navalnyy" on 31/01/2021, 20 days’ administrative arrest, final decision by the Supreme Court of the Tatarstan Republic, on 12/02/2021 (lodged on 11/08/2021);
(2) conviction under Art. 20.2 § 8 CAO for having published in social media "VKontakte" a call for participation in a rally "Free Navalnyy" on 21/04/2021, 20 days’ administrative arrest, final decision by the Supreme Court of the Tatarstan Republic, on 07/05/2021 (lodged on 20/10/2021)
Art. 11 (1) - restrictions on location, time or manner of conduct of public events - disproportionate interference with his freedom of assembly on account of his conviction under Art. 20.2 § 1 CAO for having exceeded the number of participants in the rally in support of A. Navalnyy on 07/10/2017 indicated in the notification, penalty of RUB 5,000, final decision was taken by the Supreme Court of the Tatarstan Republic on 22/11/2017,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - in respect of the proceedings which ended with the decision of the Supreme Court of the Republic of Tatarstan on 12/02/2021 - the sentence of 20 day’s administrative arrest imposed on the applicant by the Vakhitovskiy District Court of Kazan was executed immediately, on account of the lack of a suspensive effect of an appeal under the CAO
13649/19*
22/02/2019
Tatyana Gavrilovna SEREBRENNIKOVA
1961
25/10/2018
01/11/2018
Delay of more than a few hours in releasing the applicant (see Butkevich v. Russia, no. 5865/07, § 67, 13 February 2018)
22094/19*
17/04/2019
Vladimir Yuryevich KARNAUKHOV
1974
Yelena Vladimirovna Yevmenova
Krasnoyarsk
15/10/2018, 10.20 a.m.
17/10/2018, 4.50 p.m.
Detention (criminal) for more than three hours without any written record (see Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, §§ 76-79, 26 June 2018)
58882/19*
23/10/2019
Eldar Zalimkhanovich DUNDAROV
1983
05/04/2019
1 p.m.
07/04/2019
7.40 p.m.
Detention (criminal) for more than three hours without any written record (see Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, §§ 76-79, 26 June 2018)
26477/20*
09/04/2020
Mikhail Anatolyevich NOVOSELOV
1981
Maksim Vladimirovich Ageyev
Kirov
22/10/2019,
9 a.m.
23/10/2019, 7.40 p.m.
Detention (criminal) for more than three hours without any written record (see Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, §§ 76-79, 26 June 2018)