Published on 30 May 2023
SECOND SECTION
Application no. 2829/18
Andrey Vladimirovich BOYARSHINOV against Russia
and 14 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 4 May 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
2829/18*
26/12/2017
Andrey Vladimirovich BOYARSHINOV
1984
Anti-corruption manifestation
Kazan
14/05/2017
Anti-corruption manifestation in support to Mr Navalnyy
Kazan
08/07/2017
Anti-corruption manifestation
Kazan
05/05/2018
Article 20.2 § 5 of CAO
Article 20.2 § 8 of CAO
Article 20.2 § 8 of CAO
community service of
35 hours
administrative detention of
15 days
administrative detention of
20 days
Supreme Court of the Tatarstan Republic 21/06/2017 (adopted in the applicant’s absence and received on 26/06/2017)
Supreme Court of the Tatarstan Republic
03/08/2017
Supreme Court of the Tatarstan Republic
25/05/2018
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”: - from 3.00 p.m. on 18/05/2018 to 10.40 a.m. on 19/05/2018 (the hearings on the applicant’s administrative-offence case), - from 9.25 p.m. on 08/09/2018 to 09/09/2018 (the hearings on the applicant’s administrative-offence case) (see Butkevich v. Russia, no. 5865/07, §§ 63-65, 13 February 2018, Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-23, 10 April 2018, and Korneyeva v. Russia, no. 72051/17, §§ 34-36, 8 October 2019);
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings noted in column no. 8 (see Karelin v. Russia, no. 926/08, §§ 69-84, 20 September 2016);
Art. 10 (1) - disproportionate measures against solo demonstrators - On 01/08/2020 the applicant participated in a solo demonstration to support S.Furgal. He was arrested, convicted under Article 20.2 § 2 of CAO and sentenced to 7 days of administrative detention. The final decision of the Supreme Court of the Tatarstan Republic - 20/08/2020 (see Novikova and Others v. Russia, nos. 25501/07 and 4 others, §§ 106-215, 26 April 2016);
Art. 10 (1) - conviction for making calls to participate in public events - Two counts:
1) On 08/09/2018 the applicant was arrested in his flat for publishing a post in Vkontakte calling to participate in a rally against the pension reform. He was convicted under art. 20.2 § 8 of CAO and sentenced to 15 days of administrative detention. The final decision of the Supreme Court of the Tatarstan Republic - 18/09/2018.
2) On 20/04/2021 the applicant was arrested in his flat for publishing a post in Vkontakte calling to participate in a rally to support A. Navalnyy. He was convicted under art; 20.2 § 8 of CAO and sentenced to 20 days of administrative detention. The final decision of the Supreme Court of the Tatarstan Republic - 05/05/2021 (see Elvira Dmitriyeva v. Russia, nos. 60921/17 and 7202/18, §§ 74-90, 30 April 2019).
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal. Three counts: the sentences of administrative detention imposed on the applicant by the court of first instance following the events of 05/05/2018, 08/09/2018 and 19/08/2020 were executed immediately, on account of the lack of suspensive effect of an appeal under the CAO (see Tsvetkova and Others, cited above, §§ 179-191; Martynyuk v. Russia, no. 13764/15, §§ 38-42, 8 October 2019);
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - The applicant was convicted twice for his participation in the same non-notified public event on 14/05/2017: under art. 19.3 § 1 of CAO (administrative detention of 12 days, last final decision of 06/06/2017) and under Art. 20.2 § 5 of CAO (community service of 35 hours, last final decision received on 26/06/2017) (see Korneyeva, cited above, §§ 47-65)
2933/18*
25/12/2017
Sergey Aleksandrovich STREMIDLO
1979
Konstantin Ilyich Terekhov
Moscow
Anti-corruption manifestation
St Petersburg
12/06/2017
Article 20.2
§ 5 of CAO
fine of
RUB 10,000
St Petersburg City Court
13/07/2017
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings (see Karelin,
Cited above, §§ 69-84);
Art. 6 (1) and (3) (d) - unfair trial in view of the impossibility to question in open court the police officers who had arrested the applicant and on whose statements the applicant’s conviction was based (see Frumkin v. Russia, no. 74568/12, § 153-68, 5 January 2016)
3569/18*
20/12/2017
Diana Anatolyevna KARIMOVA
1996
Konstantin Ilyich Terekhov
Moscow
Anti-corruption manifestation
St Petersburg
12/06/2017
Article 19.3 § 1 of CAO and
Article 20.2 § 5 of CAO
administrative detention of
5 days and
fine of RUB 10,000
St Petersburg City Court,
20/06/2017 and
18/07/2017
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in respect of both sets of the administrative offence proceedings (see Karelin, Cited above, §§ 69-84);
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant on 13/06/2017 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO (see Tsvetkova and Others, §§ 179-191; Martynyuk, §§ 38-42, both cited above)
18385/18*
01/12/2017
Yelena Yuryevna BLINOVA
1978
Pavel Valeryevich Romanov
Cheboksary
Opposition manifestation
Cheboksary
16/04/2017
Opposition rally
Cheboksary
29/10/2017
Article 20.2 § 2 of CAO
Article 20.2 § 8 of CAO
fine of
RUB 10,000 (charges requalified on appeal to Article 20.2
§ 1 of CAO)
fine of
RUB 200,000
Supreme Court of the Chuvashia Republic
01/06/2017
Supreme Court of the Chuvashia Republic
12/12/2017
29300/18*
11/06/2018
Irina Ivanovna LYASHCHENKO
1960
Konstantin Ilyich Terekhov
Moscow
Manifestation in support of Mr Navalnyy
Berezniki, Perm Region
07/10/2017
Article 20.2 § 5 of CAO
community service of
24 hours
Perm Regional Court
28/12/2017
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings (see Karelin, cited above, §§ 69-84)
29304/18*
11/06/2018
Roman Aleksandrovich KOROTAYEV
1978
Konstantin Ilyich Terekhov
Moscow
Manifestation in support of Mr Navalniy
Berezniki, Perm Region
07/10/2017
Article 20.2 § 5 of CAO
30 hours of community works
Perm Regional Court
26/12/2017
29495/18*
09/06/2018
Irina Stepanovna NORMAN
1993
Ivan Yuryevich Zhdanov
Vilnius
Manifestation in support of Mr Navalnyy
Yekaterinburg
07/10/2017
Article 20.2 § 5 of CAO
fine of
RUB 10,000
Sverdlovsk Regional Court
12/12/2017
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings (see Karelin, cited above, §§ 69-84);
Art. 8 (1) - unlawful search in the applicant’s apartment on 21/04/2021 (authorised post factum on 22/04/2021 by the Leninskiy District Court of Yekaterinburg, appeal dismissed on 26/08/2021 by the Sverdlovsk Regional Court). No sufficient reasons for the search (the ground invoked was that the applicant could be Mr Navalnyy’s supporter), broad wording of the search warrant, stereotyped reasoning (see Kruglov and Others v. Russia, nos. 11264/04 and 15 others, 4 February 2020)
39063/18*
07/08/2018
Olga Andreyevna IVANOVA
1965
Ivan Yuryevich Zhdanov
Vilnius
Manifestation in support of Mr Navalnyy’s candidacy for the 2018 presidential election
Volgograd
28/01/2018
Article 20.2 § 5 of CAO
fine of
RUB 10,000
Volgograd Regional Court
07/02/2018
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances” from 3.10 p.m. on 28/01/2018 to the beginning of the hearings on the applicant’s administrative-offence case (see Butkevich, §§ 63-65, Tsvetkova and Others, §§ 121-23, and Korneyeva, §§ 34-36, all cited above)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings (see Karelin, cited above, §§ 69-84)
41987/18*
30/07/2018
Aleksandr Yevgenyevich BOLDYREV
1968
Ilya Vladimirovich Sivoldayev
Moscow
Manifestation against constitutional amendments
Voronezh
01/08/2020
Manifestation in support of Belarus
Voronezh
24/10/2020
Opposition manifestation related to journalists’ killings
Voronezh
07/10/2017
Article 20.2 § 1 of CAO
Article 20.2 § 5 of CAO
Article 20.2 § 5 of CAO
fine
RUB 20,000
fine of
RUB 20,000
fine of
RUB 10,000
Voronezh Regional Court
19/11/2020
Voronezh Regional Court
28/05/2021
Voronezh Regional Court
30/01/2018
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 6.00 p.m. on 28/01/2021 to 29/01/2021 (when the applicant’s trial on the administrative offence related to his calls to participate in an unauthorised public event started) (see Butkevich, §§ 63-65, Tsvetkova and Others, §§ 121-23, and Korneyeva, §§ 34-36, all cited above);
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in 4 sets of the administrative-offence proceedings: final decisions of the Voronezh Regional Court of 30/01/2018, 19/11/2020, 04/02/2021 and 28/05/2021 (see Karelin, cited above, §§ 69-84);
Art. 6 (1) and (3) (d) - unfair trial in view of the impossibility to question in open court the police officers who had arrested the applicant and on whose statements the applicant’s conviction was based (see Frumkin, cited above,
§ 153-68);
Art. 10 (1) - conviction for making calls to participate in public events - article 20.2 § 8 of CAO, administrative detention of 7 days, Voronezh Regional Court 04/02/2021 (see Elvira Dmitriyeva, cited above, §§ 74-90);
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal – The sentence of administrative detention imposed on the applicant by the court of first instance under article 20.2 § 8 of CAO (see above) was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO (see Tsvetkova and Others, §§ 179-191; Martynyuk, §§ 38-42,
both cited above)
45043/18*
12/09/2018
Andrey Grigoryevich IRINARKHOV
1986
Ivan Yuryevich Zhdanov
Vilnius
Manifestation in support to Mr Navalnyy as candidate for the 2018 presidential election
Ufa
28/01/2018
Article 20.2 § 5 of CAO
fine of
RUB 10,000
Supreme Court of the Bashkortostan Republic
14/03/2018
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings (see Karelin, cited above, §§ 69-84);
Art. 6 (1) and (3) (d) - unfair trial in view of the impossibility to question in open court the police officers who had arrested the applicant and on whose statements the applicant’s conviction was based (see Frumkin, cited above,
§ 153-68)
45228/18*
18/09/2018
Irina Alekseyevna ZENINA
1952
Irina Vladimirovna Gak
Rostov-on-Don
Manifestation in support of Mr Navalnyy
Rostov-on-Don
24/12/2017
Manifestation in support of Mr Navalnyy
Rostov-on-Don
31/01/2021
Article 20.2 § 6.1 of CAO
Article 20.2 § 6.1 of CAO
fine of
RUB 15,000
fine of
RUB 10,000
Rostov Regional Court
20/03/2018
Rostov Regional Court
17/03/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 12.30 p.m. to 6.30 p.m. (when the applicant’s trial on the administrative offence started) on 31/01/2021 (see Butkevich, §§ 63-65, Tsvetkova and Others, §§ 121-23, and Korneyeva, §§ 34-36, all cited above);
Art. 6 (1) - lack of impartiality of tribunal - lack of the prosecuting party in both sets of the administrative-offence proceedings (see Karelin, cited above,
§§ 69-84);
Art. 6 (1) and (3) (d) - unfair trial in view of restrictions on the right to examine as witnesses the police officers who arrested the applicant as regards the events of 31/01/2021 (see Frumkin, cited above, § 153-68).
46156/18*
21/09/2018
Roman Sergeyevich SHCHERBAKOV
1988
Ivan Yuryevich Zhdanov
Vilnius
Manifestation in support of Mr Navalnyy as candidate for the 2018 presidential election
Tula
28/01/2018
Manifestation in support of Mr Navalnyy
Tula
23/01/2021
Article 20.2 § 5 of CAO
Article 20.2 § 5 of CAO
fine of
RUB 10,000
fine of
RUB 10,000
Tula Regional Court
22/03/2018
Tula Regional Court
22/06/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”:
- from 02.05 p.m. to 07.00 p.m. on 28/01/2018 (the time indicated by the police officers was at variance with the real applicant’s time of deprivation of liberty),
- from 02.40 p.m. to 07.00 p.m. on 23/01/2021(see Butkevich, §§ 63-65, Tsvetkova and Others, §§ 121-23, and Korneyeva, §§ 34-36, all cited above);
Art. 6 (1) - in respect of both sets of the administrative offence proceedings: lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings (see Karelin, cited above, §§ 69-84);
Art. 6 (1) and (3) (d) - in respect of both sets of the administrative offence cases: unfair trial in view of restrictions on the right to examine as witnesses the police officers on whose written statements the applicant’s convictions were based (see Frumkin, cited above, § 153-68)
50044/18*
10/10/2018
Yekaterina Andreyevna YANSHINA
1996
Ivan Yuryevich Zhdanov
Vilnius
Manifestation against
Mr Putin’s
re-election as President
Voronezh
05/05/2018
Article 20.2 § 5 of CAO
Article 19.3 § 1 of CAO
fine of
RUB 5,000
administrative detention of
2 days
Voronezh Regional Court, 04/06/2018 and
04/07/2018
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of
3 hours and without “exceptional circumstances”, from 6.30 p.m. on 05/05/2018 to 06/05/2018 (when the applicant’s trial under art. 20.2 § 5 of CAO started) (see Butkevich, §§ 63-65, Tsvetkova and Others, §§ 121-23, and Korneyeva, §§ 34-36, all cited above);
Art. 6 (1) - in respect of both sets of proceedings: lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings (see Karelin, cited above, §§ 69-84);
Art. 6 (1) and (3) (d) - unfair trial in view of the impossibility to question in open court the police officers who had arrested the applicant and on whose statements the applicant’s convictions were based (see Frumkin, cited above,
§ 153-68);
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - The applicant was convicted twice for her participating in the same public event: under Art. 19.3 § 1 CAO (appeal on 04/07/2018, 2 days of detention), and under Art. 20.2 § 5 CAO (appeal on 04/06/2018, fine of RUB 5,000) (see Korneyeva, cited above, §§ 47-65)
50047/18*
10/10/2018
Pavel Anatolyevich POTASHOV
1998
Ivan Yuryevich Zhdanov
Vilnius
Manifestation against
Mr Putin’s
re-election as President
Voronezh
05/05/2018
Article 20.2 § 5 of CAO
fine of
RUB 10,000
Voronezh Regional Court
14/06/2018
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings (see Karelin, cited above, §§ 69-84);
Art. 6 (1) and (3) (d) – unfair trial in view of the impossibility to question in open court the police officers who had arrested the applicant and on whose statements the applicant’s conviction was based (see Frumkin, cited above,
§ 153-68)
54306/18*
09/11/2018
Ivan Aleksandrovich SILAYEV
1978
Damir Ravilevich Gaynutdinov
Kazan
Manifestation against
Mr Putin’s
re-election as President
St Petersburg
05/05/2018
Article 20.2 § 5 of CAO
Article 19.3 § 1 of CAO
fine of
RUB 15,000 and administrative detention of
6 days
St Petersburg City Court 24/05/2018
and 10/05/2018
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of
3 hours and without “exceptional circumstances”, from 4.00 p.m. on 05/05/18 to 09.00 a.m. on 06/05/2018 (when the applicant’s trial on the administrative offence started) (see Butkevich, §§ 63-65, Tsvetkova and Others, §§ 121-23, and Korneyeva, §§ 34-36, all cited above);
Art. 6 (1) - in respect of both sets of the administrative offence proceedings: lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings (see Karelin, cited above,
§§ 69-84)
Art. 6 (1) and (3) (d) - in respect of both sets of the administrative offence proceedings: unfair trial in view of the impossibility to question in open court the police officers who had arrested the applicant and on whose statements the applicant’s convictions were based (see Frumkin, cited above, § 153-68);
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant by the court of first instance was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO (see Tsvetkova and Others, §§ 179-191; Martynyuk, §§ 38-42, both cited above);
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - The applicant was convicted twice for participation in the same public event: under Art. 19.3 § 1 CAO (appeal on 10/05/2018, 6 days of detention) and under Art. 20.2 § 5 CAO (appeal on 24/05/2018, fine of RUB 15,000) (see Korneyeva, cited above, §§ 47-65)