FOURTH SECTION
CASE OF RUDAKOVA AND OTHERS v. RUSSIA
(Applications nos. 48582/18 and 21 others –
see appended list)
JUDGMENT
STRASBOURG
5 September 2024
This judgment is final but it may be subject to editorial revision.
In the case of Rudakova and Others v. Russia,
The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:
Branko Lubarda, President,
Armen Harutyunyan,
Ana Maria Guerra Martins, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 4 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 unlawful detention (deprivation of liberty). They also raised other complaints under the provisions of the Convention and its Protocol.
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 5 § 1 of the Convention7. The applicants complained principally of the unlawful detention (deprivation of liberty). They relied, expressly or in substance, on Article 5 § 1 of the Convention.
8. The Court reiterates that the expressions “lawful” and “in accordance with a procedure prescribed by law” in Article 5 § 1 essentially refer back to national law and state the obligation to conform to the substantive and procedural rules thereof. It is in the first place for the national authorities, notably the courts, to interpret and apply domestic law. However, since under Article 5 § 1 failure to comply with domestic law entails a breach of the Convention, it follows that the Court can and should exercise a certain power to review whether this law has been complied with (see, among numerous other authorities, Benham v. the United Kingdom, 10 June 1996, §§ 40-41 in fine, Reports of Judgments and Decisions 1996 III).
9. In the leading cases of Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, 26 June 2018, Rozhkov v. Russia (no. 2), no. 38898/04, §§ 91‑96, 31 January 2017, Butkevich v. Russia, no. 5865/07, § 67, 13 February 2018, Kuptsov and Kuptsova v. Russia, no. 6110/03, § 81, 3 March 2011 and Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018, 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 on 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 applicants’ detention was contrary to domestic law requirements and the “lawfulness” guarantee of Article 5 of the Convention (see the appended table).
11. These complaints are therefore admissible and disclose a breach of Article 5 § 1 of the Convention.
OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW12. The applicants submitted other complaints which also raised issues under the Convention and its Protocol, 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. 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 Manerov v. Russia, no. 49848/10, §§ 34-38, 5 January 2016, relating to the lack of effective judicial review of detention pending expulsion; Karelin v. Russia, no. 926/08, 20 September 2016, concerning absence of a prosecuting party from the administrative proceedings, Savva Terentyev v. Russia, no. 10692/09, §§ 41-87, 28 August 2018, regarding conviction for insulting police officers; Tsvetkova and Others, cited above, §§ 179-91, and Martynyuk v. Russia, no. 13764/15, §§ 38‑42, 8 October 2019, related to the lack of a suspensive effect of an appeal against the sentence of an administrative detention; and 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.
REMAINING COMPLAINTS13. Some applicants raised further additional complaints under Articles 6 and 10 of the Convention concerning the fairness of the administrative‑offence proceedings and conviction for publishing misleading information. 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 CONVENTION14. Regard being had to the documents in its possession and to its case‑law (see, in particular, Biryuchenko and Others v. Russia [Committee], nos. 1253/04 and 2 others, § 96, 11 December 2014), 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;Declares the complaints under Article 5 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 raised by some of the applicants;Holds that these applications disclose a breach of Article 5 § 1 of the Convention concerning the unlawful detention (deprivation of liberty);Holds that there has been a violation of the Convention and its Protocol 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 5 September 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Branko Lubarda
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 5 § 1 of the Convention
(unlawful detention (deprivation of liberty))
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Start date of unauthorised detention
End date of unauthorised detention
Specific defects
Other complaints under well‑established case-law
Amount awarded for pecuniary and non‑pecuniary damage and costs and expenses per applicant
(in euros)[1]
48582/18
09/10/2018
Diana Borisovna RUDAKOVA
1991
Abgadzhava Leonid Alkhasovich
Moscow
30/04/2018, 1.30 p.m.
30/04/2018,
5 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 and to establish the suspect’s identity; detention as an administrative suspect: no evidence/assessment of “exceptional circumstances”
Art. 10 (1) - conviction for making calls to participate in public events - administrative conviction under article 20.2 § 2 of the CAO for calls to participate in an unauthorised manifestation on 29/10/2017 in support of Navalnyy, published in VKontakte; final decision: Tambov Regional Court, 02/05/2018, sentence to detention for 10 days
5,000
8968/20
05/02/2020
Aleksandr Prokopyevich GABYSHEV
1968
Nisanbekova Elza Rinatovna
Kazan
10/12/2019
11/12/2019
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 - final decision: Supreme Court of the Republic of Sakha (Yakutia), 16/01/2020
4,000
9040/20
05/02/2020
Kirill Yuryevich MUKHTARULIN
1991
Nisanbekova Elza Rinatovna
Kazan
10/12/2019
11/12/2019
Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and 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 - final decision: Supreme Court of the Republic of Sakha (Yakutia), 16/01/2020
4,000
9404/20
05/02/2020
Aleksey Mikhaylovich BRYLEV
1978
Nisanbekova Elza Rinatovna
Kazan
10/12/2019
11/12/2019
Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and 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 - final decision: Supreme Court of the Republic of Sakha (Yakutia), 16/01/2020
4,000
15403/21
12/03/2021
Artem Valeryevich VAZHENKOV
1981
28/01/2021, 3.10 p.m.
28/01/2021, 7.17 p.m., until court hearing
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 and to establish the suspect’s identity; detention as an administrative suspect: beyond the three-hour statutory period; detention as an administrative suspect: no evidence/assessment of “exceptional circumstances”
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings - final decisions: Tver Regional Court, 02/02/2021 and 19/05/2021,
Art. 10 (1) - conviction for making calls to participate in public events - administrative conviction under article 20.2 § 2 of the CAO for calls to participate in an unauthorised manifestation on 23/01/2021 in support of Navalnyy, published in VKontakte; final decision: Tver Regional Court, 02/02/2021, sentence to detention of 10 days
5,000
21326/21
06/04/2021
Nikolay Sergeyevich SAPOZHNIKOV
1992
Pomazuyev Aleksandr Yevgenyevich
Vilnius
23/01/2021, 11 a.m.
23/01/2021, until court hearing
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 and to establish the suspect’s identity; detention as an administrative suspect: beyond the three-hour statutory period; detention as an administrative suspect: no evidence/assessment of “exceptional circumstances”
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Tula Regional Court, 16/03/2021,
Art. 10 (1) - conviction for making calls to participate in public events - administrative conviction under article 20.2 § 2 of the CAO for calls to participate in an unauthorised manifestation on 23/01/2021 in support of Navalnyy, published in VKontakte; final decision: Tula Regional Court, 16/02/2021, fine of RUB 20,000
4,000
21359/21
06/04/2021
Aleksandr Vyacheslavovich ZYKOV
1998
Pomazuyev Aleksandr Yevgenyevich
Vilnius
23/01/2021, 10.50 a.m.
25/01/2021, until court hearing
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 and to establish the suspect’s identity; detention as an administrative suspect: beyond the three-hour statutory period; detention as an administrative suspect: no written record of the administrative arrest; detention as an administrative suspect: no evidence/assessment of “exceptional circumstances”
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Kostroma Regional Court, 02/02/2021,
Art. 10 (1) - conviction for making calls to participate in public events - administrative conviction under article 20.2 § 1.1 of the CAO for calls to participate in an unauthorised manifestation on 23/01/2021 in support of Navalnyy, published in VKontakte; final decision: Kostroma Regional Court, 02/02/2021, sentence to detention of 10 days
5,000
21407/21
06/04/2021
Nikita Anatolyevich ILYIN
1998
Pomazuyev Aleksandr Yevgenyevich
Vilnius
22/01/2021, 11 p.m.
23/01/2021,
9 a.m., until court hearing
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 and to establish the suspect’s identity; detention as an administrative suspect: no evidence/assessment of “exceptional circumstances”; 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 - final decision: Kurgan Regional Court, 02/02/2021,
Art. 10 (1) - conviction for making calls to participate in public events - administrative conviction under article 20.2 § 2 of the CAO for calls to participate in an unauthorised manifestation on 23/01/2021 in support of Navalnyy, published in VKontakte; final decision: Kurgan Regional Court, 02/02/2021, sentence to detention of 9 days
5,000
26524/21
04/05/2021
Azat Bayazitovich SHAYEKHOV
1989
24/01/2021,
2 p.m.
25/01/2021, 1.10 p.m., until court hearing
Detention as an administrative suspect: the applicant remained in detention after the offence record had been compiled; 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 and to establish the suspect’s identity; detention as an administrative suspect: no evidence/assessment of “exceptional circumstances”
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Supreme Court of the Tatarstan Republic, 03/02/2021,
Art. 10 (1) - conviction for making calls to participate in public events - administrative conviction under article 20.2 § 2 of the CAO for calls to participate in an unauthorised manifestation on 23/01/2021 in support of Navalnyy, published in Telegram; final decision: Supreme Court of the Tatarstan Republic, 03/02/2021, sentence to detention of 10 days
5,000
39319/21
22/07/2021
Vyacheslav Pavlovich NOSOV
1997
Memorial Human Rights Centre
Moscow
01/02/2021,
3.30 p.m.
02/02/2021, 2.15 p.m., until court hearing
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 and to establish the suspect’s identity; detention as an administrative suspect: beyond the three-hour statutory period; detention as an administrative suspect: no evidence/assessment of “exceptional circumstances”
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Tambov Regional Court, 17/02/2021,
Art. 10 (1) - conviction for making calls to participate in public events - administrative conviction under article 20.2 § 2 of the CAO for calls to participate in an unauthorised manifestation on 23/01/2021 in support of Navalnyy, published in VKontakte; final decision: Tambov Regional Court, 17/02/2021, sentence to detention of 7 days,
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
40153/21
22/07/2021
Timofey Veleryevich TUMASHEVICH
1987
Loktev Sergey Aleksandrovich
St Petersburg
29/01/2021, 4.15 p.m.
30/01/2021, until court hearing, raised on appeal
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 and to establish the suspect’s identity; detention as an administrative suspect: beyond the three-hour statutory period; detention as an administrative suspect: no evidence/assessment of “exceptional circumstances”
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: St Petersburg City Court, 09/02/2021,
Art. 10 (1) - conviction for making calls to participate in public events - administrative conviction under article 20.2 § 2 of the CAO for calls to participate in an unauthorised manifestation on 23/01/2021 in support of Navalnyy, published in VKontakte; final decision: St Petersburg City Court, 09/02/2021, sentence to detention of 7 days,
Prot. 7 Art. 2 - Right of appeal against criminal conviction/sentence - 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
40192/21
21/07/2021
Oleg Olegovich SHAMBUROV
1988
Khrunova Irina Vladimirovna
Kazan
23/01/2021, 3.57 p.m.
24/01/2021, until court hearing, raised on appeal
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 and to establish the suspect’s identity; detention as an administrative suspect: no evidence/assessment of “exceptional circumstances”; 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 - final decision: Chelyabinsk Regional Court, 27/01/2021,
Art. 10 (1) - conviction for making calls to participate in public events - administrative conviction under article 20.2 § 2 of the CAO for calls to participate in an unauthorised manifestation on 23/01/2021 in support of Navalnyy, published in VKontakte; final decision: Chelyabinsk Regional Court, 27/01/2021, sentence to detention of 9 days,
Art. 10 (1) - various restrictions on the right to freedom of expression - administrative conviction for insulting police officers under article 20.3.1 of the CAO in publications posted in Telegram and YouTube on 01/02/2021 and 02/02/2021, final decision: Chelyabinsk Regional Court, 19/05/2021, fine of RUB 15,000
5,000
44224/21
23/08/2021
Natalya Sergeyevna PETERIMOVA
1987
Galeyeva Tatyana Olegovna
Krasnoyarsk
23/01/2021
23/01/2021, raised on appeal on 17/06/2021
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 and to establish the suspect’s identity; detention as an administrative suspect: no evidence/assessment of “exceptional circumstances”
Art. 10 (1) - conviction for making calls to participate in public events - administrative conviction under article 20.2 § 8 of the CAO for calls to participate in an unauthorised manifestation on 23/01/2021 and 31/01/2021 in support of Navalnyy, published in Instagram; final decisions: Krasnoyarsk Regional Court, 25/03/2021 and 17/06/2021, fines of RUB 200,000 in each sets of the proceeding
7,500
44935/21
19/08/2021
Nadezhda Yuryevna NIZOVKINA
1986
Stetsura Tatyana Sergeyevna
Kaliningrad
31/01/2021
31/01/2021, raised on appeal
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 and to establish the suspect’s identity; detention as an administrative suspect: no evidence/assessment of “exceptional circumstances”
Art. 10 (1) - conviction for making calls to participate in public events - administrative conviction under article 20.2 § 2 of the CAO for calls to participate in an unauthorised manifestation on 31/01/2021 in support of Navalnyy, published in YouTube; final decision: Supreme Court of the Buryatia Republic, 19/02/2021, sentence to detention of 10 days
5,000
47439/21
10/09/2021
Sergey Aleksandrovich PODSYTNIK
2000
Mamedova Yelena Anatolyevna
Samara
23/01/2021, 4.10 p.m.
21/04/2021
25/01/2021, until court hearing, raised on appeal on 12/03/2021
23/04/2021, until court hearing, raised on appeal on 17/06/2021
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 and to establish the suspect’s identity; detention as an administrative suspect: beyond the three-hour statutory period; detention as an administrative suspect: no evidence/assessment of “exceptional circumstances”
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions: Samara Regional Court, 12/03/2021 and 17/06/2021,
Art. 10 (1) - conviction for making calls to participate in public events - administrative conviction under article 20.2 § 2 and 8 of the CAO for calls to participate in an unauthorised manifestation on 23/01/2021 and 21/04/2021 in support of Navalnyy, published in Telegram and Twitter; final decisions: Samara Regional Court, 12/03/2021 and 17/06/2021, sentences to detention of 7 and 10 days,
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 in both sets of the proceedings
5,000
54220/21
19/10/2021
Kirill Vladimirovich SAYENKO
2002
Memorial Human Rights Centre
Moscow
20/04/2021,
4 p.m.
22/04/2021, 10.45 a.m., until court hearing, raised on appeal on 09/07/2021
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 and to establish the suspect’s identity; detention as an administrative suspect: beyond the three-hour statutory period; detention as an administrative suspect: no evidence/assessment of “exceptional circumstances”
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Novosibirsk Regional Court, 09/07/2021,
Art. 10 (1) - conviction for making calls to participate in public events - administrative conviction under article 20.2 § 2 of the CAO for calls to participate in an unauthorised manifestation on 21/04/2021 in support of Navalnyy, published in VKontakte; final decision: Novosibirsk Regional Court, 09/07/2021, fine of RUB 25,000
4,000
60898/21
29/11/2021
Sergey Viktorovich DRESVYANNIKOV
1979
Memorial Human Rights Centre
Moscow
20/04/2021,
6 p.m.
22/04/2021,
3 p.m., until court hearing, raised on appeal on 02/06/2021
Applicant taken to the police station as an administrative suspect for the purposes of compiling an offence record: no written record of the administrative escort
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, 02/06/2021,
Art. 10 (1) - conviction for making calls to participate in public events - administrative conviction under article 20.2 § 2 of the CAO for calls to participate in an unauthorised manifestation on 21/04/2021 in support of Navalnyy, published on Facebook; final decision: Nizhniy Novgorod Regional Court, 02/06/2021, fine of RUB 20,000
4,000
5159/22
30/12/2021
Aleksandr Andreyevich KASHEVAROV
2003
Lepekhin Andrey Gennadyevich
Chelyabinsk
31/01/2021
31/01/2021, raised on appeal on 07/07/2021
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 and to establish the suspect’s identity; detention as an administrative suspect: no evidence/assessment of “exceptional circumstances”; applicant taken to the police station as an administrative suspect for the purposes of compiling an offence record: no written record of the administrative escort
Art. 10 (1) - conviction for making calls to participate in public events - conviction for making calls to participate in public events - administrative conviction under article 20.2 § 2 of the CAO for calls to participate in an unauthorised manifestation on 31/01/2021 in support of Navalnyy, published in VKontakte; final decision: Chelyabinsk Regional Court, 07/07/2021, fine of RUB 20,000
4,000
6116/22
14/01/2022
Roman Vladimirovich SUBBOTIN
1975
Pershakova Yelena Yuryevna
Moscow
21/04/2021, 11 a.m.
21/04/2021,
5 p.m., raised on appeal on 15/07/2021
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 and to establish the suspect’s identity; detention as an administrative suspect: beyond the three-hour statutory period; detention as an administrative suspect: no evidence/assessment of “exceptional circumstances”
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Perm Regional Court, 15/07/2021,
Art. 10 (1) - conviction for making calls to participate in public events - administrative conviction under article 20.2 § 2 of the CAO for calls to participate in an unauthorised manifestation on 21/04/2021 in support of Navalnyy, published in VKontakte; final decision: Perm Regional Court, 15/07/2021, fine of RUB 15,000
4,000
17983/22
13/03/2022
Nina Vasilyevna ANANINA
1984
Kosnyrev Vladislav Vladimirovich
Syktyvkar
21/04/2021, 8.40 a.m.
21/04/2021, 12.30 p.m., raised on appeal on 13/10/2021
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 and to establish the suspect’s identity; detention as an administrative suspect: no evidence/assessment of “exceptional circumstances”; 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 - final decision: Supreme Court of the Komi Republic, 13/10/2021,
Art. 10 (1) - conviction for making calls to participate in public events - administrative conviction under art. 20.2 § 2 of the CAO for calls to participate in an unauthorised manifestation on 21/04/2021 in support of Navalnyy, published in Telegram; final decision: Supreme Court of the Komi Republic, 13/10/2021, fine of RUB 10,000
4,000
41159/22
05/08/2022
Valentina Alekseyevna GERASIMOVA
1964
Levchenko Aleksey Alekseyevich
Rostov-on-Don
06/03/2022, 2.50 p.m.
07/03/2022, 9.00 a.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 and 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 - conviction under Art. 19.3 § 1 CAO (failure to obey the lawful order of the police to cease participation in the unauthorised rally), sentence to detention for 15 days, final decision Rostov Regional Court on 11/05/2022,
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
53383/22
12/11/2022
Sergey STOLYAR
1983
Preobrazhenskaya Oksana Vladimirovna
Strasbourg
19/07/2022
26/07/2022
Delay of more than a few hours in releasing the applicant
Art. 5 (4) - deficiencies in proceedings for review of the lawfulness of detention - no effective judicial review of detention pending expulsion
4,500
[1] Plus any tax that may be chargeable to the applicants.