SECOND SECTION
CASE OF LUTSEVICH AND OTHERS v. RUSSIA
(Applications nos. 25187/15 and 35 others –
see appended list)
JUDGMENT
STRASBOURG
14 March 2024
This judgment is final but it may be subject to editorial revision.
In the case of Lutsevich and Others v. Russia,
The European Court of Human Rights (Second Section), sitting as a Committee composed of:
Lorraine Schembri Orland, President,
Frédéric Krenc,
Davor Derenčinović, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 15 February 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 well-established case-law (see 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); 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; Korneyeva, cited above, §§ 62-65 as to the right of the organisers or participants of public assemblies not to be tried and punished twice for the same offence; and Novikova and Others v. Russia, nos. 25501/07 and 4 others, §§ 106-225, 26 April 2016, related to disproportionate measures taken by the authorities against participants of solo manifestations).
remaining complaints14. Some applicants also raised additional complaints under Articles 5 and 6 of the Convention.
15. In view of the findings in paragraphs 10-13 above, the Court considers that there is no need to deal separately with the remainder of the applicants’ complaints under Article 6 of the Convention concerning alleged restrictions on the right to examine witnesses.
16. The Court has further examined the applicants’ additional complaints (applications nos. 57562/21, 57565/21, 58164/21 and 13540/22) under Article 5 of the Convention and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto. It follows that this part of the applications must be rejected in accordance with Article 35 § 4 of the Convention.
APPLICATION OF ARTICLE 41 OF THE CONVENTION17. 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 the 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 the remaining complaints under Article 5 of the Convention (applications nos. 57562/21, 57565/21, 58164/21 and 13540/22) inadmissible, and finds that there is no need to examine separately the applicants’ complaints under Article 6 of the Convention concerning alleged restrictions on the right to examine witnesses;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 14 March 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Lorraine Schembri Orland
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 per applicant
(in euros)[1]
25187/15
12/05/2015
Sergey Vladimirovich LUTSEVICH
1976
Demonstration in support of the media channel "Dozhd"
Moscow
08/02/2014
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
12/11/2014
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
3,500
19779/20
23/03/2020
Zinaida Aleksandrovna GILYAZOVA
1989
Antokhin Yevgeniy Vyacheslavovich
Moscow
Anti-war manifestation
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
07/09/2022
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 detention - arrest and detention on 10/08/2019 from 5.40 p.m. to 1 a.m. on 11/08/2019- Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO); 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
(both complaints raised on appeal)
4,000
13723/21
10/02/2021
Ruslan Mansurovich ZINATULLIN
1978
Participation in the Municipal Russian Forum organised by Open Russia public association
Moscow
13/03/2021
article 20.33 of CAO
fine of RUB 5,000
Vakhitovskiy District Court of Kazan
01/07/2021
Art. 5 (1) - unlawful detention - The applicant was arrest on 03/06/2020 in connection with the solo picket carried out on 15/05/2020 - 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 (the complaint raised on appeal 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 - in relation to administrative proceedings under Article 20.2 of CAO which ended on 16/09/2020,
Art. 11 (1) - restrictions on location, time or manner of conduct of public events - the authorities’ refusal to approve a manifestation in support of victims of political repressions on 02/11/2019 in Kazan. On 18/10/2019 the applicant notified the authorities of his wish to hold that event, however the authorities proposed to change the location because another event had already been planned there. The final decision was taken by the Supreme Court of the Russian Federation on 07/04/2021, complaint lodged on 06/10/2021.
Art. 10 (1) - disproportionate measures against solo demonstrators - Kazan, Military Commissariat, 15/05/2020, Solo Picket against mandatory military service (conscription); article 20.2 § 1 of CAO; penalty: 30 hours’ community service; final decision taken by the Supreme Court of the Tatarstan Republic on 16/09/2020.
4,000
16050/21
05/03/2021
Yevgeniy Vadimovich DILMAN
2001
Memorial Human Rights Centre
Moscow
Manifestation in support of S. Furgal
Komsomolsk-on-Amur
29/07/2020
article 20.2 § 5 of CAO
fine of RUB 10,000
Khabarovsk Regional Court
07/12/2020
3,500
21993/21
07/04/2021
Yevgeniy Konstantinovich KOSTOMAROV
1989
Memorial Human Rights Centre
Moscow
Manifestation in support of A. Navalnyy ("Otpuskai")
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
detention of 12 days
Moscow City Court
09/02/2021
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 detention - arrest and detention on 02‑03/02/2021 - 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,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant on 03/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
5,000
29794/21
08/05/2021
Viola Nikolayevna TITOVA
1983
Manifestation in support of S. Furgal
Krasnoyarsk
15/08/2020
article 20.2 § 5 of CAO
fine of RUB 10,000
Krasnoyarsk Regional Court
12/11/2020
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
3,500
30013/21
08/05/2021
Vladimir Andreyevich DUBOVSKIY
1991
Vasin Vladimir Valeryevich
Krasnoyarsk
Manifestation in support of S. Furgal
Krasnoyarsk
01/08/2020
article 20.2 § 5 of CAO
fine of RUB 10,000
Krasnoyarsk Regional Court
12/11/2020
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
3,500
30082/21
11/05/2021
Mikhail Mikhaylovich MOROZOV
1984
Aksenova Darya Dmitriyevna
Kolomna
Manifestation in support of A. Navalnyy
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
administrative detention of 14 days
Moscow City Court
12/02/2021
Art. 5 (1) - unlawful detention - arrest and overnight detention from 3 p.m. on 31/01/2021 to 01/02/2021 - 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. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
5,000
31703/21
07/06/2021
Aleksandr Aleksandrovich SIBIKIN
1991
Memorial Human Rights Centre
Moscow
Manifestation in support of A. Navalnyy
Moscow, Matrosskaya Tishina
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
26/03/2021
Art. 5 (1) - unlawful detention - arrest and detention on 31/01/2021 from 4.40 p.m. to 11.40 p.m. - 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 on appeal),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
31824/21
16/06/2021
Andrey Dmitriyevich GARIFULLIN
1987
Bayeva Aleksandra Nikolayevna
Moscow
Manifestation in support of A. Navalnyy
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 12,000
Moscow City Court
12/04/2021
Art. 5 (1) - unlawful detention - Arrest and detention from 11.45 a.m. to 10.45 p.m. on 31/01/2021 - 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; 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 proceeding
4,000
31827/21
16/06/2021
Anton Dmitriyevich GONCHARUK
1996
Bayeva Aleksandra Nikolayevna
Moscow
Manifestation in support of A. Navalnyy
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
administrative arrest of 8 days
St Petersburg City Court
09/03/2021
Art. 5 (1) - unlawful detention - Arrest and detention from 1.30 p.m. on 31/01/2021 to 6 p.m. on 01/02/2021 - 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: 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,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 01/02/2021 was executed immediately, on the account of lack of suspensive effect of an appeal under the CAO
5,000
31854/21
16/06/2021
Yegor Timofeyevich NECHAYEV
2001
Bayeva Aleksandra Nikolayevna
Moscow
Manifestation in support of A. Navalnyy
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
administrative arrest of 15 days
Moscow City Court
08/02/2021
Art. 5 (1) - unlawful detention - Arrest and detention on 31/01/2021 - 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; 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,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant on 01//02/2021 was executed immediately, on the account of lack of suspensive effect of an appeal under the CAO
5,000
36365/21
30/06/2021
Arseniy Mikhaylovich CHEKANOV
2002
Memorial Human Rights Centre
Moscow
Manifestation in support of A. Navalnyy
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
14/04/2021
Art. 5 (1) - unlawful detention - Arrest and detention from 4.30 p.m. on 31/01/2021 to 4.30 a.m. on 01/02/2021 - 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),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
40552/21
30/07/2021
Olga Valentinovna LEVINA
1956
Zhdanov Ivan Yuryevich
Vilnius
Manifestation in support of A. Navalnyy
Tambov
31/01/2021
article 20.2 § 3 of CAO
administrative detention of 15 days
Tambov Regional Court
05/02/2021
Art. 5 (1) - unlawful detention - arrest and detention on 31/01/2021 - 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,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
5,000
45532/21
12/08/2021
Andrey Sergeyevich CHVANOV
1976
Shagiyeva Regina Ilgizovna
Leninigorsk
Manifestation in support of A. Navalnyy
Naberezhnye Chelny
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
10/03/2021
Art. 5 (1) - unlawful detention - Arrest and detention on 23/01/2021 and 30/01/2021 - 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, raised on appeal
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant in administrative 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,
Art. 10 (1) - conviction for making calls to participate in public events - the applicant posted information on Internet concerning the rally to support A. Navalnyy on 31/01/2021, Article 20.2 § 2 of CAO, detention for 9 days, final decision 10/03/2021 Supreme Court of the Tatarstan Republic
5,000
51383/21
30/09/2021
Olga Anatolyevna SHKOLINA
1977
Memorial Human Rights Centre
Moscow
Manifestation in support of A. Navalnyy
Arkhangelsk
16/01/2021
article 20.2.2 § 1 of CAO
fine of RUB 11,000
Arkhangelsk Regional Court
02/04/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
3,500
53264/21
01/10/2021
Olga Sergeyevna YELSAKOVA
1978
Vladyka Oksana Anatolyevna
Arkhangelsk
Manifestation in support of A. Navalny
Arkhangelsk
16/01/2021
article 20.2 § 2 of CAO
45 hours of community service
Arkhangelsk Regional Court
01/04/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
3,500
57562/21
07/11/2021
Sharafdzhon Mukimdzhonovich SOBIROV
1984
Zboroshenko Nikolay Sergeyevich
Mytishchi
Manifestation in support of I. Amon
Moscow
02/04/2021
article 20.2 § 5 of CAO
fine of RUB 5,000
Moscow City Court
13/07/2021
Art. 5 (1) - unlawful detention - Arrest and detention on 02/04/2021 - 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 (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
57565/21
07/11/2021
Murodali Makhmadnaimovich SALIMOV
1999
Zboroshenko Nikolay Sergeyevich
Mytishchi
Manifestation in support of I. Amon
Moscow
02/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
13/07/2021
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 detention - Arrest and detention on 02/04/2021 - 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 (raised on appeal in the administrative proceedings)
4,000
58164/21
05/11/2021
Mariya Alekseyevna SMIRNOVA
1988
Zboroshenko Nikolay Sergeyevich
Mytishchi
Picket in support of A. Navalnyy
Moscow
19/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
25/08/2021
Art. 5 (1) - unlawful detention – Arrest and detention 19/01/2021 - 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 (raised on appeal 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 - administrative fine of RUB 10,000, 25/08/2021, Moscow City Court
4,000
1435/22
21/12/2021
Aleksandr Andreyevich YARKIN
2002
Gilmanov Mansur Idrisovich
Podolsk
March of Russian nationalists
Moscow
04/11/2020
article 20.2 § 6.1 of CAO
fine of RUB 20,000
Moscow City Court
27/09/2021
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 detention – Arrest and detention on 04/11/2020 - 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
4,000
7143/22
31/01/2022
Svyatoslav Andreyevich LEKONTSEV
2002
Zhdanov Ivan Yuryevich
Vilnius
Manifestation in support of A. Navalnyy
Perm
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Perm Regional Court
25/08/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
3,500
8108/22
18/01/2022
Anastasiya Olegovna GOMENYUK
1986
Chashchilova Mariya Valeryevna
Moscow
Manifestation in support of A. Navalnyy
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
27/10/2021
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 detention - Arrest and detention from 11.50 a.m. to midnight on 31/01/2021 - 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; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO); both complaints were raised on appeal
4,000
8587/22
14/01/2022
Sergey Aleksandrovich SMIRNOV
2000
Zinovyev Konstantin Mikhaylovich
Nizhniy Novgorod
Manifestation in support of A. Navalnyy
Nizhny Novgorod
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 5,000
Nizhny Novgorod Regional Court
15/07/2021
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 detention – Arrest and detention on from 12.30 p.m. to 6.30 p.m. on 31/01/2021 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; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO); both complaints were raised on appeal.
4,000
8599/22
14/01/2022
Vyacheslav Vyacheslavovich ISAKOV
1974
Zinovyev Konstantin Mikhaylovich
Nizhniy Novgorod
Manifestation in support of A. Navalnyy
Nizhny Novgorod
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 5,000
Nizhny Novgorod Regional Court
15/07/2021
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 detention – Arrest and detention from 12.30 p.m. to 8 p.m. on 31/01/2021 - 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; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO); both complaints were raised on appeal
4,000
12376/22
24/02/2022
Manzar Shokhimboyevich YUSUPOV
1985
Prosvirkina Kseniya Dmitriyevna
Moscow
Demonstration in support of I. Amon
Moscow
02/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
27/08/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
3,500
12869/22
17/02/2022
Andrey Valeryevich KRAVTSOV
1984
Sivoldayev Ilya Vladimirovich
Voronezh
Manifestation in support of A. Navalnyy
Voronezh
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Voronezh Regional Court
17/08/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
3,500
13120/22
17/02/2022
Igor Aleksandrovich GREKOV
1994
Memorial Human Rights Centre
Moscow
Manifestation in support of A. Navalnyy
Voronezh
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Voronezh Regional 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
Art. 5 (1) - unlawful detention - Arrest and detention on 21/04/2021 - 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; raised on appeal
4,000
13124/22
17/02/2022
Aleksey Sergeyevich FILIPPOV
1989
Memorial Human Rights Centre
Moscow
Manifestation in support of A. Navalnyy
Ivanovo
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Ivanovo Regional 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 proceeding
Art. 5 (1) - unlawful detention – Arrest and detention on 21/04/2021 - 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; raised on appeal
4,000
13126/22
17/02/2022
Lev Robertovich PUSHNOV
1963
Memorial Human Rights Centre
Moscow
Manifestation in support of A. Navalnyy
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 15,000
Moscow City Court
23/09/2021
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 detention – Arrest and detention on 31/01/2021 - 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; raised on appeal
4,000
13540/22
31/01/2022
Andrey Denisovich BOKAREV
1997
Bannikov Ruslan Yuryevich
Voronezh
Manifestation in support of A. Navalnyy
Voronezh
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Voronezh Regional Court
28/09/2021
Art. 5 (1) - unlawful detention - arrest and detention on 21/04/2021 - 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; 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
4,000
19137/22
26/03/2022
Tazret Sergeyevich TEDEYEV
1991
Manifestation in support of A. Navalnyy
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Moscow City Court
27/09/2021
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 detention - arrest and detention on 02/02/2021 - 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 on appeal
4,000
28513/22
13/05/2022
Nadezhda Leonidovna ZAGORDAN
1984
Tregubova Yuliya Mikhaylovna
Balashikha
Manifestation in support of A. Navalnyy
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
17/11/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
3,500
29348/22
14/05/2022
Stepan Vladimirovich SAMOYLENKO
1993
Baranova Natalya Andreyevna
Moscow
Manifestation in support of A. Navalnyy
Moscow, Manezh Square and Tverskaya Street
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
15/11/2021
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 detention - arrest and detention on 22/05/2021 - 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 on appeal
4,000
30755/22
06/03/2022
Aleksandr Nikolayevich KOLOSOV
1981
Memorial Human Rights Centre
Moscow
"Political performance" in support of "The Other Russia" political party of E. Limonov
St Petersburg
29/07/2021
article 20.2 § 2 of CAO
administrative detention of 3 days
St Petersburg City Court
07/09/2021
Art. 5 (1) - unlawful detention – Arrest and detention on 29/07/2021 - 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 on appeal;
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 on 30/07/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
5,000
5090/23
13/01/2023
Aleksandr Yevgenyevich SHAPOSHNIKOV
2003
Demonstration in memory of Boris Nemtsov
Moscow
27/02/2022
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
13/09/2022
Art. 5 (1) - unlawful detention – Arrest and detention from 5.45 p.m. on 27/02/2022 to 2.55 a.m. 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; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO); 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
4,000
[1] Plus any tax that may be chargeable to the applicants.