Published on 8 January 2024
FIFTH SECTION
Application no. 47709/21
Gavriil Igorevich BYUTNER against Russia
and 10 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 30 November 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 offence
Penalty
Final domestic decision
Court Name
Date
Other complaints under well-established case-law
47709/21
15/09/2021
Gavriil Igorevich BYUTNER
2000
Varvara Dmitriyevna Mikhaylova
St Petersburg
Rally “Free Navalnyy”
St Petersburg
31/01/2021
article 20.2.2. § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
16/03/2021
Art. 5 (1) - unlawful detention - arrest and detention from 2 p.m. on 31/01/2021 to 01/02/2021 until court hearing for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: St Petersburg City Court, 16/03/2021,
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
49514/21
24/09/2021
Igor Olegovich KONDRATYEV
1993
Varvara Dmitriyevna Mikhaylova
St Petersburg
Rally “Free Navalnyy”
St Petersburg
31/01/2021
article 20.2.2. § 1 of CAO
detention for 7 days
St Petersburg City Court
25/03/2021
Art. 5 (1) - unlawful detention - arrest and detention from 4.30 p.m. to 10 p.m. on 31/01/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: St Petersburg City Court, 25/03/2021,
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
49516/21
14/09/2021
Saveliy Vitalyevich LIPAYEV
1999
Varvara Dmitriyevna Mikhaylova
St Petersburg
Rally “Free Navalnyy”
St Petersburg
31/01/2021
article 20.2.2 § 1 of CAO
detention for 5 days
St Petersburg City Court
25/03/2021
Art. 5 (1) - unlawful detention - arrest and detention from 4.32 p.m. on 31/01/2021 to 10 a.m. on 01/02/2021 until court hearing for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: St Petersburg City Court, 25/03/2021,
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
55680/21*
05/11/2021
Anatoliy Olegovich ALEKSANDROV
1987
Ivan Yuryevich Zhdanov
Vilnius
Rally “Free Navalnyy”
St Petersburg
31/01/2021
article 20.2.2 § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
18/05/2021
Art. 5 (1) - unlawful detention - arrest and detention on 31/01/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: St Petersburg City Court, 18/05/2021,
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 two police officers on whose written statements the applicant’s conviction was based
56645/21
20/10/2021
Aleksandr Sergeyevich TIUNCHIK
1990
Aleksandra Nikolayevna Bayeva
Moscow
Rally “Free Navalnyy”
St Petersburg
31/01/2021
article 20.2.2. § 1 of CAO
fine of RUB 12,000
St Petersburg City Court
20/04/2021
Art. 5 (1) - unlawful detention - arrest and detention from 1.25 p.m. on 31/01/2021 to 4.10 a.m. on 01/02/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: St Petersburg City Court, 20/04/2021
1421/22*
30/12/2021
Aleksandr Genrikhovich BESEDIN
2002
Ivan Yuryevich Zhdanov
Vilnius
Rally “Free Navalnyy”
St Petersburg
23/01/2021
article 30.7 § 1.1 of CAO
fine of RUB 4,000
Oktyabrsiy District Court of St Petersburg
01/07/2021
Art. 5 (1) - unlawful detention - arrest and detention from 1.20 p.m. on 23/01/2021 to 1 a.m. on 24/01/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of tribunal - Final decision: Oktyabrskiy District Court of St Petersburg, 01/07/2021,
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
1429/22*
30/12/2021
Viktor Aleksandrovich GLOTOV
1987
Ivan Yuryevich Zhdanov
Vilnius
Rally “Free Navalnyy”
Voronezh
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 13,000
Voronezh Regional Court
19/07/2021
Art. 5 (1) - unlawful detention - arrest and detention from 2.30 p.m. to 10.10 p.m. on 31/01/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Voronezh Regional Court, 19/07/2021,
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 his conviction was based
4903/22*
10/01/2022
Yelena Anatolyevna GRIGORYEVA
1989
Ivan Yuryevich Zhdanov
Vilnius
Rally “Free Navalnyy”
St Petersburg
31/01/2021
article 20.2.2 § 1 of CAO
fine of RUB 15,000
St Petersburg City Court
21/09/2021
Art. 5 (1) - unlawful detention - arrest and detention from 3.10 p.m. on 31/01/2021 to 9 a.m. on 01/02/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: St Petersburg City Court, 21/09/2021,
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
4972/22*
12/12/2021
Polina Alekseyevna OGURTSOVA
1995
Anna Yevgenyevna Bochilo
Barnaul
Rally “Free Navalnyy”
St Petersburg
23/01/2021
article 8.6.1 § 2 CAO St Petersburg
fine of RUB 4,000
Oktyabrskiy District Court of St Petersburg
25/06/2021
Art. 5 (1) - unlawful detention - arrest and detention from 1.50 a.m. to 7 p.m. on 23/01/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Oktyabrskiy District Court of St Petersburg, 25/06/2021,
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 officer on whose written statements the applicant’s conviction was based
4980/22*
12/12/2021
Edgar Mikhaylovich MAKAROV
1994
Anna Yevgenyevna Bochilo
Barnaul
Rally “Free Navalnyy”
St Petersburg
23/01/2021
article 8-6-1 § 2 CAO St Petersburg
fine of RUB 4,000
Oktyabrskiy District Court of St Petersburg
25/06/2021
Art. 5 (1) - unlawful detention - arrest and detention from 2 p.m. to 7.30 p.m. on 23/01/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Oktyabrskiy District Court of St Petersburg, 25/06/2021,
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
41996/22*
27/07/2022
Flyura Gabdrakhimovna TEMIRBULATOVA
1982
Natalya Andreyevna Baranova
Moscow
Anti-war protest
St Petersburg
24/02/2022
article 20.2.2 § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
29/03/2022
Art. 5 (1) - unlawful detention - arrest and detention from 5.15 p.m. on 24/02/2022 to 6.20 p.m. on 25/02/2022 until court hearing for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: St Petersburg City Court, 29/03/2022,
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
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