FIFTH SECTION
CASE OF ORLOVSKIY AND OTHERS v. RUSSIA
(Applications nos. 74186/17 and 25 others –
see appended list)
JUDGMENT
STRASBOURG
12 September 2024
This judgment is final but it may be subject to editorial revision.
In the case of Orlovskiy and Others v. Russia,
The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:
María Elósegui, President,
Kateřina Šimáčková,
Stéphane Pisani, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 11 July 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 lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings. 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, and Pivkina and Others v. Russia (dec.), nos. 2134/23 and 6 others, §§ 71-81, 6 June 2023).
Ms Navalnaya’s standing7. The Court has taken note of Ms Yulia Navalnaya’s wish to pursue the complaints lodged by her late husband, Mr A. Navalnyy (application no. 6836/20), and recognises her standing for that purpose (see López Ribalda and Others v. Spain [GC], nos. 1874/13 and 8567/13, §§ 72‑73, 17 October 2019).
ALLEGED VIOLATION OF ARTICLE 6 § 1 of the Convention8. The applicants complained of the lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings. They relied, expressly or in substance, on Article 6 § 1 of the Convention.
9. In the leading case of Karelin v. Russia, no. 926/08, 20 September 2016, the Court already found a violation in respect of issues similar to those in the present case. Having examined all the material submitted to it, and having taken into account the issue of compliance with the six-month time‑limit under Article 35 § 1 of the Convention (see Saakashvili v. Georgia (dec.), nos. 6232/20 and 22394/20, §§ 46-59, 1 March 2022), the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of these complaints.
10. These complaints are therefore admissible and disclose a breach of Article 6 § 1 of the Convention.
OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW11. Some applicants submitted other complaints which also raised issues under the Convention, 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.
12. Having examined all the material before it, the Court concludes that they also disclose violations of the Convention 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; Elvira Dmitriyeva v. Russia, nos. 60921/17 and 7202/18, §§ 77-90, 30 April 2019, as to administrative conviction for making calls to participate in public assemblies; Frumkin v. Russia, no. 74568/12, §§ 93-142, ECHR 2016 (extracts), as to disproportionate measures in respect of participants and organisers of public events; mutatis mutandis, Taranenko v. Russia, no. 19554/05, § 88, 15 May 2014, Mesut Yıldız and Others v. Turkey, no. 8157/10, § 34, 18 July 2017, Kemal Çetin v. Turkey, no. 3704/13, §§ 47-48, 26 May 2020, İmrek v. Turkey, no. 45975/12, §§ 35-38, 10 November 2020, Genov and Sarbinska v. Bulgaria, no. 52358/15, §§ 74-84, 30 November 2021, and Laurijsen and Others v. the Netherlands, nos. 56896/17 and 4 others, §§ 58 and 65-66, 21 November 2023, as to the lack of relevant and sufficient reasons for civil liability for damage caused during peaceful protests; RID Novaya Gazeta and ZAO Novaya Gazeta v. Russia, no. 44561/11, §§ 101-13, 11 May 2021, Karatayev v. Russia [Committee], no. 56109/07, §§ 21-27, 13 July 2021; and OOO Memo v. Russia, no. 2840/10, §§ 35-50, 15 March 2022, as to various interferences with the right to freedom of expression and the lack of relevant and sufficient reasons for those interferences.
REMAINING COMPLAINTS13. Some applicants raised further additional complaints. In view of the findings in the paragraphs above, the Court considers that there is no need to deal separately with these remaining complaints.
APPLICATION OF ARTICLE 41 OF THE CONVENTION14. Regard being had to the documents in its possession and to its case‑law (see, in particular, Kuratov and Others v. Russia [Committee], nos. 24377/15 and 2 others, 22 October 2019), the Court considers 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;Holds that Ms Yulia Navalnaya has standing to continue the present proceedings in her late husband’s stead in application no. 6836/20;Declares the complaint under Article 6 § 1 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;Holds that these applications disclose a breach of Article 6 § 1 of the Convention concerning the lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings;Holds that there has been a violation of the Convention 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 12 September 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 6 § 1 of the Convention
(lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Penalty
Date of final domestic decision
Name of court
Other complaints under
well-established case-law
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant
(in euros)[1]
74186/17
02/09/2017
Konstantin Aleksandrovich ORLOVSKIY
1990
Dmitriy Sergeyevich SANGORSKIY
1971
Zboroshenko Nikolay Sergeyevich
Moscow
10 days of detention
10 days of detention
04/04/2017 Moscow City Court (applicant Orlovskiy)
31/03/2017 Moscow City Court (applicant Sangorskiy)
Art. 5 (1) - unlawful detention - on 26-28/03/2017 the applicants’ escorting to and detention in a police station and after compiling offence,
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - the applicants were arrested and sentenced to 10-day detention in relation to participation in a protest rally on 26/03/2017.
5,000
to each applicant
79077/17
10/11/2017
Ilya Valeryevich YASHIN
1983
Mikhaylova Olga Olegovna
Moscow
Peredruk Aleksandr Dmitriyevich
St Petersburg
fine of
RUB 20,000
10 days of detention
20/04/2021 Moscow City Court
20/04/2021 Moscow City Court
Art. 5 (1) - unlawful detention - on 12-13/06/2017, 14/07/2019, 27/07/2019, again on 27-29/07/2019, 18-20/08/2019, 28-29/08/2019, 31/01/2021 and 01/02/2021 escorting to and detention in a police station for and after compiling offence reports;
Art. 10 (1) - conviction for making calls to participate in public events - the applicant was arrested (see above) and sentenced, in separate sets of proceedings, to terms of 10-day detention -
(i) in relation to forthcoming protest rallies on 14/07/2019 and 15/07/2019 (final decisions respectively on 23/08/2019 and 09/08/2019 by the Moscow City Court); for calling for assemblies on 18-19/07/2019 (final decision on 27/08/2019 by the City Court),
(ii) in relation to calling others, each time through a post on his social‑networking account on 23/07/2019 and 29/07/2019, to participate in forthcoming protest rallies on 27/07/2019 and 03/08/2019 respectively (final decisions on 06/08/2019 and 03/09/2019 respectively by the City Court);
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies –
(i) the applicant was arrested and sentenced to 15-day detention in relation to failure to comply with a police order to cease participation in a non‑notified protest rally on 12/06/2017 (final decision on 16/06/2017 by City Court),
(ii) the applicant was arrested and sentenced to a fine of RUB 20,000 for his participation in the protest rally on 31/01/2021 (final decision on 20/04/2021 by City Court).
10,000
38393/18
30/07/2018
Liliya Ayratovna CHANYSHEVA
1982
Zhdanov Ivan Yuryevich
Vilnius
Bochilo Anna Yevgenyevna
Barnaul
4 days of detention
18 days of detention
5 days of detention
10 days of detention
Supreme Court of the Bashkortostan Republic
30/01/2018
11/05/2018
08/02/2021
15/02/2021
Art. 5 (1) - unlawful detention - on 08-09/05/2018, 23-24/01/2021 and 31/01/2021-01/02/2021 escorting to and detention in a police station for and after compiling offence reports;
Art. 10 (1) - conviction for making calls to participate in public events:
(i) the applicant was sentenced to 4-day detention for posting one message on social media on a protest rally on 28/01/2018 (final decision on 30/01/2018 by the Supreme Court of the Bashkortostan Republic),
(ii) the applicant was arrested and sentenced to 10-day detention for campaigning for a forthcoming rally against the pension reform on 09/09/2018, by way of distributing leaflets relating to it (final decision on 13/09/2018 by the same court),
(iii) in relation to a rally on 23/01/2021:
- the applicant was arrested and sentenced to 5-day detention for calls to participate in that forthcoming rally (final decision on 08/02/2021 by the same court),
- with reference to the above conviction, in civil proceedings she was ordered to pay jointly with two others over EUR 10,000 (per exchange rate applicable at the time) to the police departments for overtime pay to officers on 23/01/2021 (the damages awards became final and enforceable (due to be paid) following the appeal decisions on 22/02/2022 and 31/03/2022);
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - the applicant was arrested (see above) and sentenced to 18-day and 10-day detention for, respectively, participating in and organising the rallies on 05/05/2018 and 31/01/2021 (final decisions on 11/05/2018 and 15/02/2021 by the Supreme Court of the Bashkortostan Republic).
10,000
in respect of
both applications
48490/18
05/10/2018
38479/18
03/08/2018
Ruslan Tabrizovich SHAVEDDINOV
1996
Gimadi Vyacheslav Ilyich
Vilnius
8 days of detention
30 days of detention
02/02/2018 Moscow City Court (served on the applicant on the following days)
31/05/2018 Moscow City Court
Art. 5 (1) - unlawful detention – on 21/05/2018 escorting to a police station for compiling an offence report;
Art. 10 (1) - conviction for making calls to participate in public events - in relation to forthcoming protest rallies on 28/01/2018 and 05/05/2018 (final decisions on 02/02/2018 and 31/05/2018 by the Moscow City Court).
5,000
41518/18
12/08/2018
Sergey Anatolyevich UKHOV
1985
Mezak Ernest Aleksandrovich
Saint-Barthélemy-d’Anjou
15 days of detention
5 days of detention
17/09/2018
Perm Regional Court
26/01/2021
Perm Regional Court
Art. 5 (1) - unlawful detention – (i) on 08-10/09/2018 escorting to and detention in a police station for and after compiling an offence report, (ii) on 23/01/2021 escorting to a police station for compiling an offence report;
Art. 10 (1) - conviction for making calls to participate in public events – on 21/01/2021 the applicant posted a video on a social-networking platform on a forthcoming rally on 23/01/2021; he was arrested and sentenced to 5-day detention (final decision on 26/01/2021 by the Perm Regional Court);
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - the applicant was sentenced to 30 hours of community work in relation to participation in a political meeting on 24/11/2017 (final decision on 12/02/2018 by the Perm Regional Court).
5,000
43206/18
24/08/2018
Aleksandr Yuryevich URUSOV
1989
Glukhov Aleksey Vladimirovich
Novocheboksarsk
3 days of detention
27/02/2018
Supreme Court of the Chuvashia Republic
Art. 10 (1) - restriction on freedom of expression for displaying a totalitarian symbol - the applicant was sentenced to 3-day detention for images with the swastika (such as a cartoon-type pony with that symbol) on his social-networking account (RID Novaya Gazeta and ZAO Novaya Gazeta v. Russia, no. 44561/11, 11 May 2021, and Karatayev v. Russia [Committee], no. 56109/07, 13 July 2021).
5,000
44097/18
31/08/2018
Denis Aleksandrovich MIKHAYLOV
1996
Peredruk Aleksandr Dmitriyevich
St Petersburg
25 days of detention
(applicant Mikhaylov)
fine of RUB 300,000
(applicant Mikhaylov)
9 days of detention
(applicant Litvin)
fine of RUB 20,000
(application Litvin)
07/03/2018
St Petersburg City Court
06/09/2018
St Petersburg City Court
10/05/2018
St Petersburg City Court
29/03/2019
St Petersburg City Court
Art. 5 (1) - unlawful detention - on 02/03/2018 applicant Mikhaylov’s escorting to a police station for compiling an offence report;
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies –
(i) applicant Mikhaylov was arrested and sentenced to 25-day detention in relation to a protest rally on 28/01/2018 (Art. 20.2 of CAO; final decision on 07/03/2018the by St Petersburg City Court); he was also sentenced to a fine of RUB 300,000 for reposting a message on his social-networking account on 05/05/2018, thereby acting as an organiser of the protests on that day (Art. 20.2 of CAO; final decision on 06/09/2018 by the City Court respectively);
(ii) applicant Litvin was sentenced to 9-day detention for participation in a procession through Neva Avenue in St Petersburg on 05/05/2018 (Art. 19.3 of CAO, final decision on 10/05/2018 by the St Petersburg City Court); he was also sentenced to a fine of RUB 20,000 for posting a message on Twitter about a rally planned (but not then held) at Palace Square on 05/05/2018, thereby acting as a de facto organiser of the protests elsewhere in the city on that day (Art. 20.2 of CAO; final decision on 29/03/2019 by the City Court),
(iii) the applicants were ordered to pay over EUR 97,000 (per exchange rate applicable at the time) for damage caused by others to city lawns in Aleksander Garden and Winter Palace garden in St Petersburg on 05/05/2018 (final decisions on 10/02/2020 (Litvin) and 07/08/2020 (Mikhaylov) by the Supreme Court of Russia).
for all applications:
Non-pecuniary damage:
9,500
to Mr Mikhaylov;
6,500
to Mr Litvin
Costs and expenses:
3,000
for legal costs, to be paid directly to Mr Peredruk, as requested
8672/19
29/01/2019
Zhdanov Ivan Yuryevich
Vilnius
55512/18
10/11/2018
Bogdan Gennadyevich LITVIN
1994
Peredruk Aleksandr Dmitriyevich
St Petersburg
38241/19
04/07/2019
38483/20
10/08/2020
52031/20
31/10/2020
Denis Aleksandrovich MIKHAYLOV
1996
38510/19
03/07/2019
Kirill Vladimirovich YAROSLAVTSEV
1996
Tomilov Nikita Sergeyevich
Berlin
3 days of detention
23/05/2019
Sverdlovsk Regional Court
3,000
51469/19
23/09/2019
Vladimir Stanislavovich MILOV
1972
Peredruk Aleksandr Dmitriyevich
St Petersburg
15 days of detention
30 days of detention
31/07/2019 Moscow City Court
31/07/2019 Moscow City Court
Art. 5 (1) - unlawful detention - on 27-29/07/2019 escorting to and detention in a police station for compiling offence reports,
Art. 10 (1) - various restrictions on the right to freedom of expression:
(i) the applicant was sentenced to 30-day detention for calling others, during a webcast on 25/07/2019, to participate in a rally for fair elections to Mosgorduma on 27/07/2019 (Art. 20.2 of CAO; final decision on 31/07/2019 by the Moscow City Court);
(ii) the applicant’s webcast on 27/07/2019 was terminated, he was arrested and sentenced to 15-day detention for failure to comply with an order to admit the police to the premises (Art. 19.3 of CAO; final decision on 31/07/2019 by Moscow City Court);
(iii) relying on the above administrative conviction under Art. 20.2 of CAO (and similar convictions against others, see also application no. 6836/20 below), in civil proceedings the applicant and several others were ordered to pay jointly over EUR 120,000 (per exchange rate applicable at the time) to: the Moscow public enterprise "Automobile roads" on account of providing the police with trucks for blocking passage on roads; to the Moscow police department and the National Guard for overtime-work pay to officers and diesel for vehicles; to the Moscow city enterprise "Mosgortrans" on account of lost profits relating to disruption of road traffic on 27/07/2019; to the Moscow city enterprise "Moscow metro" on account of their decision to reinforce the on-duty personnel presence on that day; to a private catering company for lost profits because of the rally on 27/07/2019 (final decisions on 30/10/2020, 27/11/2020, 04/12/2020, 19/05/2021, 08/07/2021 and 16/08/2021 by the Supreme Court of Russia).
13,000
54669/19
10/10/2019
Georgiy Valentinovich ALBUROV
1989
Lyubov Eduardovna SOBOL
1987
Gimadi Vyacheslav Ilyich
Vilnius
10 days of detention (Alburov)
fine of RUB 300,000
(Sobol)
fine of RUB 300,000
(Sobol)
8 days of detention
(Stepanov)
5 days of detention
(Stepanov)
30 days of detention (Navalnyy)
07/08/2019 Moscow City Court
20/11/2019
Moscow City Court
10/10/2019
Moscow City Court
20/08/2019 Moscow City Court
04/03/2021 Moscow City Court
30/07/2019 Moscow City Court
Art. 5 (1) - unlawful detention –
(i) on 27/07/2019 applicant Sobol’s escorting to a police station for compiling an offence report in relation to calls for participation in a rally on that date; on 03/08/2019 and 10/08/2019 her escorting to a police station for compiling offence reports in relation to the protest rallies on 15/07/2019 and 03/08/2019 respectively,
(ii) on 24/07/2019 Navalnyy’s escorting to and detention in a police station for and after compiling an offence report and during the trial;
Art. 10 (1) - conviction for making calls to participate in public events –
(i) applicant Navalnyy was arrested on 24/07/2019 and sentenced to 30-day detention for calling others, during a rally on 20/07/2019 and on social media on the same day, to participate in another rally to be held on 27/07/2019 (final decision on 30/07/2019 by the Moscow City Court);
(ii) applicant Stepanov was arrested and sentenced to 8-day detention and 5-day detention in relation to forthcoming protest rallies on 27/07/2019 and 23/01/2021 (final decisions on 20/08/2019 and 04/03/2021 by the Moscow City Court),
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies:
(i) applicant Sobol was arrested (see above) and sentenced to three fines of RUB 300,000 in relation to:
- the rally for fair elections to Mosgorduma held on 15/07/2019 (final decision on 20/11/2019 by the Moscow City Court);
- her online posts (identified by the police on 20/07/2019) calling for participation, on 27/07/2019, in the rally for fair elections to Mosgorduma (final decision on 10/10/2019 by the Moscow City Court);
- the rally for fair elections to Mosgorduma on 03/08/2019 (final decision on 22/11/2019 by the Moscow City Court);
(ii) applicant Alburov was sentenced to 10-day detention in relation to the rally for fair elections to Mosgorduma on 03/08/2019 (final decision on 07/08/2019 by the Moscow City Court);
(iii) with reference to their CAO convictions for the rally on 03/08/2019, applicants Sobol and Alburov were ordered to pay jointly over EUR 85,000 (per exchange rate applicable at the time) to the Moscow public enterprise "Mosgortrans" on account of lost profits caused by delays in public transportation; to the Moscow public enterprise "Automobile roads" on account of complying with the police order to provide them with trucks to block pedestrian passage, the presence of garbage and cost of dealing with damaged lawns and bushes; to the Moscow metro enterprise on account of overtime pay to its personnel; to the Moscow police department on account of overtime/additional pay incurred in relation to that rally (final decisions on 12/04/2021, 18/06/2021 and 15/10/2021 by the Supreme Court of Russia);
(iv) relying on the administrative convictions concerning the rally on 27/07/2019 (see Uvarkina and Others v. Russia [Committee], nos. 70089/12 and 40 others, 13 April 2023 for Zhdanov, and above for Navalnyy, Sobol and Stepanov), they were ordered, each time together with other people (see application no. 51469/19 above), to pay jointly over EUR 100,000 (per exchange rate applicable at the time): to the Moscow enterprise "Automobile roads", the Moscow enterprise "Mosgortrans", the Moscow city enterprise "Moscow metro" and the Moscow police department on account of overtime/additional pay (final decisions on 27/10/2020, 27/11/2020, 04/12/2020 and 08/10/2021 by the Supreme Court of Russia).
for all applications:
14,000
to Ms Sobol
6,500
to Mr Alburov
6,500
to Mr Navalnyy, to be paid to Ms Y. Navalnaya;
6,500
to Mr Stepanov
3,500
to Mr Zhdanov
34584/20
05/06/2020
Lyubov Eduardovna SOBOL
1987
Pomazuyev Aleksandr Yevgenyevich
Vilnius
1808/20
27/12/2019
Oleg Olegovich STEPANOV
1992
6836/20
29/01/2020
Aleksey Anatolyevich NAVALNYY
1976
Oleg Olegovich STEPANOV
1992
Georgiy Valentinovich ALBUROV
1989
Ivan Yuryevich ZHDANOV
1988
Lyubov Eduardovna SOBOL
1987
Mikhaylova Olga Olegovna
Moscow
Pomazuyev Aleksandr Yevgenyevich
Vilnius
19135/20
16/05/2019
Lyubov Eduardovna SOBOL
1987
Pomazuyev Aleksandr Yevgenyevich
Vilnius
17903/20
30/03/2020
Olga Mikhaylovna BOYEVA
2000
Pomazuyev Aleksandr Yevgenyevich
Vilnius
fine of RUB 20,000
26/11/2019 Moscow City Court
Art. 5 (1) - unlawful detention - on 03/08/2019 escorting to a police station for compiling an offence report;
Art. 10 (1) - various restrictions on the right to freedom of expression – on account of her unlawful and disproportionate arrest in the context of her presence at a protest rally on 03/08/2019.
4,000
30571/20
03/07/2020
Grigoriy Sergeyevich MOROZOV
1998
Bayeva Aleksandra Nikolayevna
Moscow
fine of RUB 15,000
02/10/2019 Moscow City Court
(served on the applicant on the following days)
Art. 5 (1) - unlawful detention - on 27/07/2019 escorting to a police station for compiling an offence report;
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - the applicant was arrested and sentenced to a fine of RUB 15,000 in relation to participation in a rally on 27/07/2019.
4,000
16354/21
02/03/2021
Stanislav Yuryevich KALINICHENKO
1982
Yelizaveta Sergeyevna SLAVINSKAYA
2000
Pomazuyev Aleksandr Yevgenyevich
Moscow
7 days of detention (applicant Kalinichenko)
29/01/2021 Kemerovo Regional Court
Art. 5 (1) - unlawful detention - on 23/01/2021 applicant Kalinichenko’s escorting to a police station for compiling an offence report in relation to his calls, published on 19/01/2021 and identified by the police on 20/01/2021, to participate in a rally on 23/01/2021;
Art. 10 (1) - conviction for making calls to participate in public events –
(i) applicant Kalinichenko was arrested and sentenced to 7-day detention in relation to the rally on 23/01/2021 (final decision on 29/01/2021 by Kemerovo Regional Court),
(ii) with reference to administrative convictions, in civil proceedings the applicants and several others were ordered to pay jointly, EUR 9,000 (per exchange rate applicable at the time) (in part, as regards the rally on 23/01/2021) to the police departments for over-time pay to officers and diesel expenses for their vehicles (appeal decisions on 15/02/2022 and 19/05/2022, following which the above awards were final and enforceable; last decisions on 20/09/2022 and 09/11/2022 by the Supreme Court of Russia).
5,000
to Mr Kalinichenko;
3,500
to Ms Slavinskaya
18647/21
23/03/2021
Daniil Andreyevich MARKELOV
1992
Sergey Andreyevich BOYKO
1983
Kirill Sergeyevich LEVCHENKO
1982
Yelena Vladimirovna NOSKOVETS
1984
Vyacheslav Dmitriyevich YAKIMENKO
2001
Pomazuyev Aleksandr Yevgenyevich
Vilnius
Nechayeva Olga Yuryevna
Novosibirsk
10 days of detention (applicant Markelov)
19/02/2021 Novosibirsk Regional Court
Art. 5 (1) - unlawful detention - on 23/01/2021 applicant Markelov’s escorting to a police station for compiling an offence report;
Art. 10 (1) - conviction for making calls to participate in public events – applicant Markelov was arrested on 23/01/2021 and sentenced to 10-day detention for an Instagram post (identified by the police on 21/01/2021) about a forthcoming rally on 23/01/2021 (final decision on 19/02/2021 by the Novosibirsk Regional Court; other applicants’ similar applications
nos. 47513/18, 30342/19 and 41802/21);
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - relying on their administrative convictions, in civil proceedings the applicants and two others were ordered to pay jointly over EUR 27,000 (per exchange rate applicable at the time) to the regional police department on account of overtime pay to police officers in relation to the rally on 23/01/2021 (the appeal decision on 23/06/2022 when the damages award became final and enforceable, last decision on 25/05/2023 by the Supreme Court of Russia).
5,000
to Mr Markelov
7,500
to Mr Boyko
3,500
to Mr Levchenko
3,500
to Ms Noskovets
3,500
to Mr Yakimenko
26284/21
29/04/2021
Damir Nailyevich MANZHUKOV
1986
Kabirov Rushan Rafisovich
Kazan
13 days of detention
4 days of detention
26/01/2021
Supreme Court of the Tatarstan Republic
12/06/2021
Supreme Court of the Tatarstan Republic
Art. 5 (1) - unlawful detention - (i) on 21-22/01/2021 and 08-09/06/2021 escorting to and detention in a police station for and after compiling an offence report,
(ii) on 09/05/2021 escorting to a police station for compiling an offence report;
Art. 10 (1) - various restrictions on the right to freedom of expression – the applicant was sentenced to a fine of RUB 70,000 for hooliganism on account of posting on YouTube videos containing, inter alia, allegedly offensive statements against a public agency (Rospotrebnadzor) in connection with COVID-related regulations (Art. 20.1 of CAO, final decision on 14/07/2021 by the Supreme Court of the Tatarstan Republic) (OOO Memo v. Russia, no. 2840/10, 15 March 2022).
6,000
61357/21
26/11/2021
Semen Valeryevich LOPUKHOV
1997
Memorial Human Rights Centre
Moscow
fine of RUB 10,000
27/05/2021 Moscow City Court
Art. 5 (1) - unlawful detention - on 02/02/2021 escorting to and detention in a police station for compiling an offence report;
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies – the applicant was arrested and sentenced to a fine of RUB 10,000 for participation in a rally on 02/02/2021 (final decision on 27/05/2021 by the Moscow City Court).
4,000
[1] Plus any tax that may be chargeable to the applicants.