FIRST SECTION
CASE OF KONINA AND OTHERS v. RUSSIA
(Applications nos. 49126/21 and 37 others –
see appended list)
JUDGMENT
STRASBOURG
4 July 2024
This judgment is final but it may be subject to editorial revision.
In the case of Konina and Others v. Russia,
The European Court of Human Rights (First Section), sitting as a Committee composed of:
Lətif Hüseynov, President,
Ivana Jelić,
Erik Wennerström, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 13 June 2024,
Delivers the following judgment, which was adopted on that date:
PROCEDURE
1. The case originated in applications against Russia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table.
2. The Russian Government (“the Government”) were given notice of the applications.
THE FACTS
3. The list of applicants and the relevant details of the applications are set out in the appended table.
4. The applicants complained of the disproportionate measures taken against them as organisers or participants of public assemblies. Some applicants also raised other complaints under the provisions of the Convention.
THE LAW
JOINDER OF THE APPLICATIONS5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.
JURISDICTION6. The Court observes that the facts giving rise to the alleged violations of the Convention occurred prior to 16 September 2022, the date on which the Russian Federation ceased to be a party to the Convention. The Court therefore decides that it has jurisdiction to examine the present applications (see Fedotova and Others v. Russia [GC], nos. 40792/10 and 2 others, §§ 68‑73, 17 January 2023).
ALLEGED VIOLATION OF ARTICLE 11 OF THE CONVENTION7. The applicants complained principally of disproportionate measures taken against them as organisers or participants of public assemblies, namely their arrest in relation to the dispersal of these assemblies and their conviction for administrative offences. They relied, expressly or in substance, on Article 11 of the Convention.
8. The Court refers to the principles established in its case-law regarding freedom of assembly (see Kudrevičius and Others v. Lithuania [GC], no. 37553/05, ECHR 2015, with further references) and proportionality of interference with it (see Oya Ataman v. Turkey, no. 74552/01, ECHR 2006‑XIV, and Hyde Park and Others v. Moldova, no. 33482/06, 31 March 2009).
9. In the leading cases of 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, the Court already found a violation in respect of issues similar to those in the present case.
10. Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion as to the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the interferences with the applicants’ freedom of assembly were not “necessary in a democratic society”.
11. These complaints are therefore admissible and disclose a breach of Article 11 of the Convention.
OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW12. Some applicants submitted other complaints which also raised issues under the Convention and its Protocols, given the relevant well-established case-law of the Court (see appended table). These complaints are not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention, nor are they inadmissible on any other ground. Accordingly, they must be declared admissible.
13. Having examined all the material before it, the Court concludes that these complaints also disclose violations of the Convention and its Protocols in the light of its findings in 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, as to various aspects of unlawful deprivation of liberty of organisers or participants of public assemblies; Karelin v. Russia, no. 926/08, §§ 58-85, 20 September 2016, concerning the absence of a prosecuting party in the proceedings under the Code of Administrative Offences (the CAO); and Martynyuk v. Russia, no. 13764/15, §§ 38-42, 8 October 2019, relating to the lack of suspensive effect of an appeal against the sentence of administrative detention.
REMAINING COMPLAINTS14. In view of the above findings, the Court considers that there is no need to deal separately with the applicants’ complaints under Article 6 of the Convention concerning alleged restrictions on the right to examine witnesses.
APPLICATION OF ARTICLE 41 OF THE CONVENTION15. Regard being had to the documents in its possession and to its case‑law (see in particular Navalnyy and Others v. Russia [Committee], nos. 25809/17 and 14 others, § 22, 4 October 2022), the Court finds it reasonable to award the sums indicated in the appended table.
FOR THESE REASONS, THE COURT, UNANIMOUSLY,
Decides to join the applications;Holds that it has jurisdiction to deal with these applications as they relate to facts that took place before 16 September 2022;Declares the complaints under Article 11 of the Convention and the other complaints under the well-established case-law of the Court, as set out in the appended table, admissible, and decides that there is no need to examine separately the remaining complaints under Article 6 of the Convention;Holds that these applications disclose a breach of Article 11 of the Convention;Holds that there has been a violation of the Convention and the Protocols thereto as regards the other complaints raised under the well-established case-law of the Court (see the appended table);Holds(a) that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
Done in English, and notified in writing on 4 July 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Lətif Hüseynov
Acting Deputy Registrar President
APPENDIX
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
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant
(in euros)[1]
49126/21
12/09/2021
Galina Aleksandrovna KONINA
1962
Bochilo Anna Yevgenyevna
Barnaul
Picket in support of protests in Belarus
Kaliningrad
22/08/2020
Solidarity Manifestation with protesters in Khabarovsk
Kaliningrad
29/08/2020
Solidarity Manifestation with protesters in Khabarovsk
Kaliningrad
12/09/2020
Solidarity Manifestation with protesters in Khabarovsk
Kaliningrad
10/10/2020
Solidarity Manifestation with protesters in Khabarovsk
Kaliningrad
24/10/2020
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
fine of RUB 10,000
fine of RUB 10,000
fine of RUB 10,000
fine of RUB 10,000
fine of RUB 10,000
Kaliningrad Regional Court
15/06/2021
Kaliningrad Regional Court
01/06/2021
Kaliningrad Regional Court
20/04/2021
Kaliningrad Regional Court
30/03/2021
Kaliningrad Regional Court
11/05/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - the complaint was raised in respect of the proceedings which ended on 30/03/2021 and 15/06/2021
3,500
13131/22
17/02/2022
Stepan Vladimirovich SOLOVYEV
1987
Memorial Human Rights Centre
Moscow
Rally in support of Navalnyy
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
administrative detention of 7 days
Moscow City Court
23/08/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant by the trial court was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
5,000
14823/22
27/02/2022
Dmitriy Sergeyevich PERMYAKOV
1996
Polyakov Daniil Alekseyevich
Voronezh
Rally in support of Navalnyy
Voronezh
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Voronezh Regional Court
31/08/2021
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 7.40 p.m. on 21/04/2021 to 5.20 a.m. on 22/04/2021 - 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; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO), (raised in the administrative proceedings)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings
4,000
23047/22
15/04/2022
Dmitriy Sergeyevich YELISEYEV
1991
Memorial Human Rights Centre
Moscow
Rally in support of Navalnyy
Arkhangelsk
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Arkhangelsk Regional Court
28/10/2021
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest on 31/01/2021 for the sole purpose of drawing a record of administrative offence (raised in the administrative proceedings),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
44864/22
08/09/2022
Dmitriy Petrovich ANDROSOV
1990
Baranova Natalya Andreyevna
Moscow
Manifestation against Mr Putin’s presidency
Moscow
21/11/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
11/05/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest on 21/11/2021- 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 (raised in the administrative proceedings)
4,000
50670/22
04/10/2022
Veronika Andreyevna KUKUSHKINA
2000
Sirinova Olga Vladimirovna
St Petersburg
Manifestation
St Petersburg
02/03/2022
article 20.2 § 6.1 of CAO
fine of RUB 10,000
St Petersburg City Court
07/07/2022
3,500
50872/22
15/10/2022
Viktoriya Vadimovna KAMAYEVA
1996
Lapuzin Aleksey Sergeyevich
Samara
Anti-war manifestation
Samara
27/02/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Samara Regional Court
16/06/2022
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 3.40 p.m. to 9.30 p.m. on 27/02/2022 - Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (raised in the administrative proceedings),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
50878/22
19/10/2022
Yekaterina Igorevna IVANOVA
1984
Baranova Natalya Andreyevna
Moscow
Anti-war manifestation
Moscow
24/02/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
21/06/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 24/02/2022 - 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 (raised in the administrative proceedings)
4,000
51217/22
20/10/2022
Nikolay Aleksandrovich TEPLOV
1982
Ivanov Nikifor Yuryevich
St Petersburg
Anti-war manifestation
St Petersburg
24/02/2022
article 20.2.2 § 1 of CAO
fine of RUB 5,000
St Petersburg City Court
21/06/2022
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 24/02/2022 - 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 (raised in the administrative proceedings),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
51427/22
22/10/2022
Aleksandr Gennadyevich CHERNETSOV
1986
Kartashov Konstantin Borisovich
Penza
Manifestation against online voting
Penza
24/03/2022
article 20.2 § 5 of CAO
20 hours of community service
Penza Regional Court
23/06/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings
3,500
54417/22
02/11/2022
Arkadiy Mikhaylovich BURDIN
1987
Baranova Nataliya Andreyevna
Moscow
Anti-war manifestation
Moscow
25/02/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
13/07/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention from 7.30 p.m. on 25/02/2022 to 4.00 a.m. on 26/02/2022 - 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;
Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (raised in the administrative proceedings)
4,000
54522/22
03/11/2022
Konstantin Victorovich BOGOSLAVSKIY
1982
Baranova Natalya Andreyevna
Moscow
Anti-war protest
Moscow
24/02/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
13/07/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 24/02/2022 - 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 (raised in the administrative proceedings)
4,000
55440/22
01/11/2022
Yevgeniya Aleksandrovna MAKSIMOVA
1966
Baranova Nataliya Andreyevna
Moscow
Anti-war manifestation
Moscow
24/02/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
15/07/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings,
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 7.30 p.m. on 24/02/2022 to 5.05 a.m. on 25/02/2022 - 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; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (raised in the administrative proceedings)
4,000
55473/22
02/11/2022
Nariman Umalatovich SULTANOV
1968
Baranova Natalya Andreyevna
Moscow
Anti-war manifestation
Moscow
13/03/2022
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
29/07/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings,
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 3.45 p.m. on 13/03/2022 to 1.20 a.m. on 14/03/2022 - 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; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (raised in the administrative proceedings)
4,000
55762/22
15/11/2022
Anastasiya Ruslanovna RUL
2002
Prosvirkina Kseniya Dmitriyevna
Moscow
Anti-war protest
Moscow
28/02/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
15/07/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings,
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention from 7.50 p.m. on 28/02/2022 to 1 a.m. on 01/03/2022 - 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; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (raised in the administrative proceedings)
4,000
55881/22
19/11/2022
Lidiya SUBBOTINA
1996
Anti-war manifestation
Moscow
24/02/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
19/07/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings,
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 24/02/2022 - 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 (raised in the administrative proceedings)
4,000
55970/22
24/11/2022
Tatyana Grigoryevna ROSHCHINA
1956
Arshinova Valeriya Aleksandrovna
Moscow
Anti-war manifestation
Moscow
06/03/2022
article 20.2 § 6.1 of CAO
fine of RUB 20,000
Moscow City Court
25/07/2022
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 06/03/2022 - 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 (raised in the administrative proceedings),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings
4,000
36/23
11/11/2022
Igor Andreyevich POLETAYEV
1985
Anti-war manifestation
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 12,000
Moscow City Court
19/07/2022
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 06/03/2022 - 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 (raised in the administrative proceedings),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
300/23
09/11/2022
Stepan Georgiyevich MAKSIMOV
1993
Manifestation against the war in Ukraine
Moscow
24/02/2022
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
11/07/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings,
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 24/02/2022 to 25/02/2022 - 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 (raised in the administrative proceedings)
4,000
926/23
28/11/2022
Gleb Yevgenyevich KOSAREV
1991
Anti-war manifestation
Kazan
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
27/07/2022
(served on the applicant on the following day)
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 2.50 p.m. on 06/03/2022 to 3.40. a.m. on 08/03/2022 - 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; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (raised in the administrative proceedings)
4,000
1057/23
26/12/2022
Darya Valeryevna IVANOVA
1994
Anti-war manifestation
Moscow
20/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
15/09/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings,
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 20/03/2022 - 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 (raised in the administrative proceedings)
4,000
1502/23
19/12/2022
Aleksey Andreyevich ILYUSHKIN
2003
Anti-war manifestation
Moscow
24/02/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
23/08/2022
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 9 p.m. on 24/02/2022 to 4.50 a.m. on 25/02/2022 - 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; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (raised in the administrative proceedings),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings
4,000
1506/23
24/12/2022
Marina Alekseyevna SHUMSKIKH
1967
Anti-war manifestation
Moscow
24/02/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
05/09/2022
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 7.15 p.m. on 24/02/2022 to 2 a.m. on 25/02/2022 - 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; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (raised in the administrative proceedings),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings
4,000
1511/23
23/12/2022
Mikhail Vladimirovich LEBEDEV
2003
Anti-war manifestation
Moscow
28/02/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
23/08/2022
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 28/02/2022 - 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 (raised in the administrative proceedings),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings
4,000
1555/23
16/12/2022
Konstantin Vladimirovich ANTONOV
1983
Vasilchenko Olesya Anatolyevna
Minyar
Anti-war manifestation
St Petersburg
06/03/2022
article 20.2.2 § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
29/09/2022
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 2.15 p.m. on 06/03/2022 to 5 p.m. on 07/03/2022 - 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; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (raised in the domestic proceedings)
4,000
1561/23
16/12/2022
Yelizaveta Yevgenyevna SINYUTKINA
2001
Vasilchenko Olesya Anatolyevna
Minyar
Manifestation against the war in Ukraine
St Petersburg
06/03/2022
article 20.2.2 § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
29/09/2022
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 5 p.m. on 06/03/2022 to 5 p.m. on 07/03/2022 - 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; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (raised in the administrative proceedings)
4,000
1620/23
13/12/2022
Darya Nikolayevna YURCHENKO
2001
Zyryanova Mariya Sergeyevna
St Petersburg
Anti-war manifestation
St Petersburg
27/02/2022
article 20.2.2 § 1 of CAO
fine of RUB 15,000
St Petersburg City Court
13/08/2022
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 27/02/2019 - 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; Detention as an administrative suspect: the applicant remained in detention after the offence record had been compiled,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings
4,000
2129/23
23/12/2022
Yuliya Romanovna PUGACHEVA
1996
Anti-war manifestation
Moscow
02/04/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
23/08/2022
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 02/04/2022 - 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 (raised in the administrative proceedings),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings
4,000
2141/23
25/11/2022
Nadezhda Olegovna KHALDEYEVA
1993
Baranova Nataliya Andreyevna
Moscow
Anti-war manifestation
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
29/07/2022
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 5.20 p.m. on 06/03/2022 to 5.10 a.m. on 07/03/2022 - 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; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (raised in the administrative proceedings),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings
4,000
2158/23
01/12/2022
Denis Aleksandrovich PONOMAREV
1974
Baranova Natalya Andreyevna
Moscow
Anti-war manifestation
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
29/09/2022
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 06/03/2022 - 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 (raised in the administrative proceedings)
4,000
2161/23
09/12/2022
Grigoriy Nikolayevich TIKHONOV
2001
Anti-war manifestation
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
09/08/2022
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 2 p.m. to 10 p.m. on 06/03/2022 - 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; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (raised in the administrative proceedings),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings
4,000
2165/23
30/11/2022
Yevgeniya Vladislavovna KOVESHNIKOVA
1979
Baranova Natalya Andreyevna
Moscow
Anti-war manifestation
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
11/08/2022
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 2.40 p.m. to 11.15 p.m. on 06/03/2022 - 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; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (raised in the administrative proceedings),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings
4,000
2300/23
04/01/2023
Andrey Yevgenyevich POVALIKHIN
1979
Bochilo Anna Yevgenyevna
Barnaul
Anti-war manifestation
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
23/08/2022
( the applicant obtained a copy of the final decision after 02/12/2022)
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 06/03/2022 - 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 (raised in the administrative proceedings),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
2305/23
12/12/2022
Anastasiya Sergeyevna ARISTARKHOVA
1989
Shindyapin Arkadiy Vitalyevich
Moscow
Women’s anti-war march
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
15/08/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings
4,000
2365/23
04/01/2023
Oleg Rostislavovich MIROSHNIKOV
1979
Bochilo Anna Yevgenyevna
Barnaul
Anti-war manifestation
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
07/09/2022
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 06/03/2022 - 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 (raised in the administrative proceedings),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings
4,000
2440/23
18/12/2022
Darya Valeryevna SIMONOVA
1998
Zyryanova Mariya Sergeyevna
St Petersburg
Anti-war manifestation
St Petersburg
27/02/2022
article 20.2.2 § 1 of CAO
fine of RUB 15,000
St Petersburg City Court
18/08/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings,
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 27/02/2022 - 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 (raised in the administrative proceedings)
4,000
2478/23
18/12/2022
Polina Vasilyevna SEMENOVA
2000
Zyryanova Mariya Sergeyevna
St Petersburg
Anti-war manifestation
St Petersburg
27/02/2022
article 20.2.2 § 1 of CAO
fine of RUB 15,000
St Petersburg City Court
18/08/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings,
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 27/02/2022 - 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 (raised in the administrative proceedings)
4,000
2655/23
26/12/2022
Aleksey Nikolayevich NAZAROV
1982
Manifestation against the war in Ukraine
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
29/08/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings,
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 06/03/2022 - 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 (raised in the administrative proceedings)
4,000
[1] Plus any tax that may be chargeable to the applicants.