FIFTH SECTION
CASE OF NURUSHEV AND OTHERS v. RUSSIA
(Applications nos. 46570/18 and 24 others –
see appended list)
JUDGMENT
STRASBOURG
22 February 2024
This judgment is final but it may be subject to editorial revision.
In the case of Nurushev and Others v. Russia,
The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:
María Elósegui, President,
Mattias Guyomar,
Kateřina Šimáčková, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 1 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. They 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 Butkevich v. Russia, no. 5865/07, §§ 63-65, 13 February 2018, 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); Elvira Dmitriyeva v. Russia, nos. 60921/17 and 7202/18, §§ 77-90, 30 April 2019, concerning administrative convictions for making calls to participate in public events; 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.
REMAINING COMPLAINTS14. Some applicants raised further additional complaints under Article 6 of the Convention concerning other aspects of fairness of the administrative‑offence proceedings. In view of the findings in paragraphs above, the Court considers that there is no need to deal separately with these remaining complaints.
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 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 finds that there is no need to examine separately the remaining complaints under Article 6 of the Convention, and declares the remainder of the applications inadmissible;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 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 22 February 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina María Elósegui
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 offence
(code of administrative offences, CAO)
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 (in euros)[1]
46570/18
19/09/2018
Ruslan Urazbayevich NURUSHEV
1973
March "Strike of electors"
Volgograd
28/01/2018
Rally in support of Mr A. Navalnyy
Volgograd
23/01/2021
Rally in support of Mr A. Navalnyy
Volgograd
31/01/2021
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
Volgograd Regional Court
21/03/2018
Volgograd Regional Court
18/02/2021
Volgograd Regional Court
24/02/2021
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 4.30 p.m. on 28/01/2018 to an unspecified time,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions: Volgograd Regional Court, 21/03/2018, 18/02/2021 and 24/02/2021,
Art. 10 (1) - conviction for making calls to participate in public events - calling on participation in the anti-war rally by posting a call on social network on 02/03/2022 in Volgograd. The applicant was convicted under article 20.2. § 8 of the CAO, to an administrative detention of 15 days, final decision: Volgograd Regional Court,10/03/2022.
5,000
36922/21
16/07/2021
Valentina Aleksandrovna YAKUNINA
1976
Memorial Human Rights Centre
Moscow
Rally in support of Mr A. Navalnyy
Rostov-on-Don
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 11,000
Rostov Regional Court
11/03/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 2.00 p.m. on 31/01/2021 to 11.30 a.m. on 01/02/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Rostov Regional Court, 11/03/2021.
4,000
40459/21
27/07/2021
Olesya Yuryevna CHERNETSKAYA
1970
Shindyapin Arkadiy Vitalyevich
Moscow
Rally in support of Mr A. Navalnyy
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
administrative detention of 4 days
Moscow City Court
16/02/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a 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 31/01/2021 to 01/02/2021, hearing in the applicant’s administrative-offence case,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 16/02/2021,
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 account of the lack of suspensive effect of an appeal under the CAO.
5,000
40494/21
30/07/2021
Yevgeniy Aleksandrovich PEREVEZENTSEV
1984
Shimovolos Sergey Mikhaylovich
Nizhniy Novgorod
Rally in support of Mr A. Navalnyy
Nizhniy Novgorod
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
28/05/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 1.05 p.m. to 7.00 p.m. on 31/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Nizhniy Novgorod Regional Court, 28/05/2021.
4,000
40939/21
24/07/2021
Maksim Mikhaylovich KORNIYENKO
2002
Bochilo Anna Yevgenyevna
Barnaul
Rally in support of Mr A. Navalnyy
Kursk
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Kursk Regional Court
20/04/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 1.00 p.m. to 6.00 p.m. on 31/01/2021; the applicant’s deprivation of liberty was not recorded,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Kursk Regional Court, 20/04/2021.
4,000
41407/21
04/08/2021
Mikhail Sergeyevich PANKRATOV
1983
Pomazuyev Aleksandr Yevgenyevich
Vilnius
Rally in support of Mr A. Navalnyy
Volgograd
23/01/2021
Rally in support of Mr A. Navalnyy
Volgograd
31/01/2021
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
fine of RUB 10,000
fine of RUB 10,000
Volgograd Regional Court
18/02/2021
Volgograd Regional Court
03/03/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a 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 23/01/2021 to 00.30 a.m. on 24/01/2021,
- from 12.15 a.m. to 8.30 p.m. on 31/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions: Volgograd Regional Court, 18/02/2021 and 03/03/2021.
4,000
42744/21
07/08/2021
Yevgeniy Aleksandrovich MILYAKOV
1999
Rally in support of Mr A. Navalnyy
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
administrative detention of 8 days
Moscow City Court
17/06/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 12.27 a.m. on 31/01/2021 to 11.30 a.m. 01/02/2021, hearing in the applicant’s administrative-offence case,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 17/06/2021,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
5,000
43251/21
18/08/2021
Kirill Alfredovich IMASHEV
1998
Commemorating the anniversary of the revolution
Perm
07/11/2020
Environmental rally (for a forest protection)
Perm
14/02/2021
Opposition rally
Perm
31/07/2021
article 20.2 § 5 of CAO
article 20.2 § 2 of CAO
article 20.2 § 8 of CAO
fine of RUB 10,000
fine of RUB 20,000
administrative detention of 15 days
Perm Regional Court
02/03/2021
Perm Regional Court
30/04/2021
Perm Regional Court
05/08/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”:
- from 4.05 p.m. to 7.20 p.m. on 07/11/2020,
- from 11.15 a.m. on 26/09/2021 to 27/09/2021, hearing in the applicant’s administrative-offence case,
- from 10.00 a.m. to 2.00 p.m. on 18/02/2021,
- from 2.20 p.m. to 6.00 p.m. on 31/07/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions: Perm Regional Court, 02/03/2021, 30/04/2021 and 05/08/2021, Perm Regional Court,
Art. 10 (1) - conviction for making calls to participate in public events - calls on the internet on 10/02/2021 to participate in an unauthorised public rally for protection of a forest in the Perm Region; conviction under article 20.2 § 2 of the CAO to a fine of RUB 20,000; final decision: Perm Regional Court, 30/04/2021,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention (15 days) imposed on the applicant by the trial court for an administrative offence was executed immediately; on account of the lack of suspensive effect of an appeal under the CAO.
5,000
43835/21
10/08/2021
Ilya Konstantinovich YEFIMOV
2001
Yelanchik Oleg Aleksandrovich
Moscow
Rally in support of Mr A. Navalnyy
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
administrative detention of 15 days
Moscow City Court
10/02/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 11.00 p.m. on 02/02/2021 to 6.00 p.m. on 03/02/2021, hearing in the applicant’s administrative-offence case,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 10/02/2021.
5,000
44181/21
25/08/2021
Vsevolod Sergeyevich POPOV
1996
Pomazuyev Aleksandr Yevgenyevich
Vilnius
Rally in support of Mr A. Navalnyy
Tyumen
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Tyumen Regional Court
15/03/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a 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. and 6.30 p.m. on 31/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Tyumen Regional Court, 15/03/2021.
4,000
45002/21
24/08/2021
Pavel Vladimirovich KOSULNIKOV
1981
Memorial Human Rights Centre
Moscow
Rally in support of Mr A. Navalnyy
Kazan
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of Tatarstan
24/02/2021
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 2.00 p.m. on 23/01/2021 to 3.00 p.m. on 25/01/2021.
4,000
46947/21
14/09/2021
Alena Igorevna PERTSEVA
1999
Eysmont Mariya Olegovna
Moscow
Rally in support of Mr A. Navalnyy
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
administrative detention of 10 days
Moscow City Court
22/03/2021
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 11.30 p.m. on 02/02/2021 to 03/02/2021, hearing in the applicant’s administrative-offence case,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 22/03/2021.
5,000
48161/21
15/09/2021
Aleksandr Yevgenyevich CHERNYKH
1985
Gamazov Alan Olegovich
Moscow
Rally support of journalist Ivan Safronov
Moscow
13/07/2020
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
16/03/2021
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 on 2.50 p.m. to 06.10 p.m. on 13/07/2020,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 16/03/2021.
4,000
50257/21
23/09/2021
Yevgeniy Vyacheslavovich BELYAKOV
1993
Shindyapin Arkadiy Vitalyevich
Moscow
Rally in support of Mr A. Navalnyy
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
17/05/2021
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 2.30 p.m. on 31/01/2021 to an unspecified time on 01/02/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 17/05/2021.
4,000
50278/21
24/09/2021
Yuliya Andreyevna SAVELYEVA
1999
Mezak Ernest Aleksandrovich
Saint-Barthélemy-d’Anjou
Rally in support of Mr A. Navalnyy
Petrozavodsk
21/04/2021
article 20.2 § 8 of CAO
administrative detention of 10 days
Supreme Court of the Karelia Republic
01/05/2021
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 10.00 a.m. to 2.15 p.m. on 01/02/2021, hearing in the applicant’s administrative-offence case
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions: Supreme Court of the Karelia Republic, 24/03/2021 and 01/05/2021,
Art. 10 (1) - conviction for making calls to participate in public events - Conviction under article 20.2 § 2 of the CAO for calls to participate in unauthorised manifestation in support of Navalnyy on 31/01/2021 in Petrozavodsk to 5 days of administrative detention. Final decision: Supreme Court of the Karelia Republic, 24/03/2021,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentences of administrative detention imposed on the applicant were executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
5,000
50293/21
29/09/2021
Bogdan Aleksandrovich BUBNOV
1999
Valenkov Andrey Olegovich
Nizhniy Novgorod
Rally in support of Mr A. Navalnyy
Nizhniy Novgorod
23/01/2021
Rally against war in Ukraine
Nizhniy Novgorod
24/02/2022
article 20.2 § 2 of CAO
article 20.2 § 6.1 of CAO
administrative detention of 2 days
administrative detention of 5 days
Nizhniy Novgorod Regional Court
31/03/2021
Nizhniy Novgorod Regional Court
02/03/2022
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 11.30 a.m. on 31/01/2021 to 1.00 p.m. on 02/02/2021;
- from 7.45 p.m. on 24/02/2022 to 6.00 p.m. on 25/02/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions: Nizhniy Novgorod Regional Court, 31/03/2021 and 02/03/2022.
5,000
51896/21
24/09/2021
Dmitriy Aleksandrovich LYUTOYEV
1984
Mezak Ernest Aleksandrovich
Saint-Barthélemy-d’Anjou
Rally in support of Mr A. Navalnyy
Syktyvkar
23/01/2021
Rally in support of Mr A. Navalnyy
Syktyvkar
31/01/2021
article 20.2 § 5 of CAO
article 19.3 § 1 of CAO,
article 20.2 § 5 of CAO
fine of RUB 10,000
administrative detention of 4 days and fine of RUB 10,000
Supreme Court of the Komi Republic
23/06/2021
Supreme Court of the Komi Republic, 24/03/2021 and
16/06/2021
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 12.05 a.m. on 31/01/2021 to 11.00 a.m. on 01/02/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Supreme Court of the Komi Republic, 24/03/2021, 16/06/2021 and 23/06/2021,
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 account of the lack of suspensive effect of an appeal under the CAO,
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 on 31/01/2021: under article 19.3 § 1 (administrative detention), and under article 20.2 § 5 of the CAO (fine).
5,000
51994/21
08/10/2021
Aleksandr Borisovich POCHINSKIY
1987
Memorial Human Rights Centre
Moscow
Rally in support of Mr A. Navalnyy
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City 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 - final decision: Moscow City Court, 11/05/2021.
3,500
51995/21
08/10/2021
Dmitriy Nikolayevich SEMIN
1996
Memorial Human Rights Centre
Moscow
Rally in support of Mr A. Navalnyy
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
11/05/2021
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 9.30 a.m. to 2.20 p.m. on 02/02/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 11/05/2021
4,000
52824/21
22/10/2021
Alla Vladimirovna KUZNETSOVA
1967
Zhdanov Ivan Yuryevich
Vilnius
Rally in support of Mr A. Navalnyy
Ulan-Ude, Buryatia Republic
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Supreme Court of the Buryatia Republic
29/04/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Supreme Court of the Buryatia Republic, 29/04/2021.
3,500
53232/21
05/10/2021
Zhanna Vladimirovna GALEYEVA
1996
Tseytlina Olga Pavlovna
St Petersburg
Rally in support of Belarus citizens
St Petersburg
27/01/2021
Rally in support of Belarus citizens
St Petersburg
24/01/2021
article 20.2 § 2 of CAO
article 20.2 § 2 of CAO
administrative detention of 1 day
administrative detention of 5 days
St Petersburg City Court
27/05/2021
St Petersburg City Court
06/04/2021
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 9.40 a.m. on 23/03/2021 to 25/03/2021, hearing in the applicant’s administrative-offence case,
- from 9.40 a.m. on 28/03/2021 to 11.00 a.m. on 29/03/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions: St Petersburg City Court, 06/04/2021 and 27/05/2021;
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentences of administrative detention imposed on the applicant were executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
5,000
53293/21
07/10/2021
Anton Sergeyevich REUTOV
1990
Usanova Olimpiada Valentinovna
Nizhniy Novgorod
Rally in support of Mr A. Navalnyy
Nizhniy Novgorod
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
07/04/2021
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 1.00 p.m. on 31/01/2021 (the applicant spent two hours in the police van) to 4.15 p.m. on 01/02/2021, hearing in the applicant’s administrative-offence case;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Nizhniy Novgorod Regional Court, 07/04/2021.
4,000
53485/21
07/10/2021
Aleksey Igorevich BORISOV
2002
Usanova Olimpiada Valentinovna
Nizhniy Novgorod
Rally in support of Mr A. Navalnyy
Nizhniy Novgorod
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
07/04/2021
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 1.15 p.m. on 31/01/2021 to 5.00 p.m. on 01/02/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Nizhniy Novgorod Regional Court, 07/04/2021
4,000
53491/21
07/10/2021
Ivan Vasilyevich SOKOLOVSKIY
1997
Usanova Olimpiada Valentinovna
Nizhniy Novgorod
Rally in support of Mr A. Navalnyy
Nizhniy Novgorod
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
07/04/2021
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 12.50 a.m. on 31/01/2021 (the applicant spent more than 3 hours in the police van) to 3.00 p.m. on 01/02/2021, hearing in the applicant’s administrative-offence case;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Nizhniy Novgorod Regional Court, 07/04/2021
4,000
61701/21
10/12/2021
Sergey Petrovich KUKHTIN
1971
Memorial Human Rights Centre
Moscow
Rally in support of Mr A. Navalnyy
Moscow
31/01/2021
Rally against the war in Ukraine
Moscow
06/03/2022
article 20.2 § 5 of CAO
article 20.2 § 8 of CAO
fine of RUB 10,000
administrative detention of 15 days
Moscow City Court
25/08/2021
Moscow City Court
19/08/2022
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 1.15 p.m. to 11.58 p.m. on 31/01/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions: Moscow City Court, 25/08/2021 and 19/08/2022;
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.
5,000
[1] Plus any tax that may be chargeable to the applicants.