CASE OF VARACHENKOV AND OTHERS v. RUSSIA

THIRD SECTION

CASE OF VARACHENKOV AND OTHERS v. RUSSIA

(Applications nos. 23169/18 and 23 others –

see appended list)

JUDGMENT

STRASBOURG

9 November 2023

This judgment is final but it may be subject to editorial revision.

In the case of Varachenkov and Others v. Russia,

The European Court of Human Rights (Third Section), sitting as a Committee composed of:

 Peeter Roosma, President,
 Ioannis Ktistakis,
 Andreas Zünd, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 19 October 2023,

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 LAWJOINDER OF THE APPLICATIONS

5.  Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.Jurisdiction

6.  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 CONVENTION

7.  The applicants complained principally of disproportionate measures taken against them as organisers and participants of public assemblies, namely the dispersal of these assemblies, as well as their arrest followed by their conviction for administrative offences. They relied, expressly or in substance, on Article 11 of the Convention. Some applicants also invoked Article 10; however, these complaints fall to be examined under 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-LAW

12.  The 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.

13.  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 in Lashmankin and Others v. Russia, nos. 57818/09 and 14 others, § 489, 7 February 2017, 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; Dirdizov v. Russia, no. 41461/10, §§ 108‑11, 27 November 2012, concerning excessive length of pretrial detention; Idalov v. Russia, [GC], no. 5826/03, §§ 154-58, 22 May 2012, about delays in examination of the complaints against detention orders; 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); 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; 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; Lashmankin and Others, cited above, § 359, concerning restrictions on location, time or manner of conduct of public events; Martynyuk v. Russia, no. 13764/15, §§ 38-42, 8 October 2019, and Tsvetkova and Others, cited above, §§ 178-88, 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 COMPLAINTS

14. 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 CONVENTION

15.  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 the applicants’ complaints as they relate to facts that took place before 16 September 2022;Declares the complaints under Article 11 of the Convention and the other complaints under the well-established case-law of the Court, as set out in the appended table, admissible, and finds that there is no need to examine separately the remaining complaints under Article 6 of the Convention;Holds that there has been 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 9 November 2023, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

 Viktoriya Maradudina Peeter Roosma
 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 charges

Penalty (relevant article of the CAO, if relevant)

Final domestic decision

Court Name

Date

Other complaints under well-established case‑law

Amount awarded for pecuniary and non‑pecuniary damage and costs and expenses per applicant

(in euros)[1]   

23169/18

30/04/2018

Vasiliy Andreyevich VARACHENKOV

1995

Aleksandr Maksimovich RYABUSHKIN

1992

Dmitriy Romanovich GRUZDEV

1992

Nikolay Sergeyevich Zboroshenko

Mytishchi

Rally against corruption

Moscow

05/11/2017

article 19.3 § 1 of CAO,

article 20.2 § 6.1 of CAO

Mr Varachenkov: administrative detention of 15 days (art. 19.3 § 1) and fine of RUB 15,000 (art. 20.2. 6 § 1)

Mr Ryabushkin: administrative detention of 15 days (art. 19.3 § 1) and fine of RUB 10,000 (art. 20.2. 6 § 1)

Mr Gruzdev: fine of RUB 10,000

(art. 20.2. 6 § 1)

Moscow City Court:

08/11/2017 and 28/03/2018 (Mr Varachenkov),

14/11/2017 and 14/03/2018 (Mr Ryabushkin),

28/03/2018

(Mr Gruzdev)

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 1.30 p.m. on 05/11/2017 to 06/11/2017 (Mr Gruzdev), and from 1.30 p.m. on 05/11/2017 to 07/11/2017, the hearings in the applicants’ administrative-offence cases (Mr Varachenkov and Mr Ryabushkin);

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of the administrative-offence proceedings – final decisions: Moscow City Court, 08/11/2017, 14/11/2017, 14/03/2018 and 28/03/2018;

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings – Mrs Varachenkov and Ryabushkin were convicted twice for participation in the same public event on 05/11/2017: under art.19.3 § 1 (administrative detention) and under art. 20.2. 6 § 1 of the CAO (administrative fines)

5,000

23799/18

10/05/2018

Yuriy Viktorovich KAZAKOV

1965

Oleg Aleksandrovich Yelanchik

Moscow

Opposition rally

Moscow

05/11/2017

article 19.3 § 1 of CAO,

article 20.2 § 5 of CAO

administrative detention of 15 days

 (art. 19.3 § 1),

fine of RUB 20,000

 (art. 20.2 § 5)

Moscow City Court, 10/11/2017 and 30/03/2018

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 4.20 p.m. on 05/11/2017 to 07/11/2017, the hearing in the administrative offence case;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of the administrative-offence proceedings – final decisions: Moscow City Court, 10/11/2017 and 30/03/2018;

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: under art. 19.3 § 1 (administrative detention), and under art. 20.2 § 5 of the CAO (fine)

5,000   

24367/18

12/05/2018

Daniil Valentinovich VORONTSOV

1982

Nadezhda Viktorovna Yermolayeva

Moscow

Opposition rally

Moscow

05/11/2017

article 19.3 § 1 of CAO,

article 20.2 § 5 of CAO

administrative detention of 15 days

(art. 19.3 § 1),

 fine of RUB 15,000

(art. 20.2 § 5)

Moscow City Court, 17/11/2017 and 26/03/2018

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of the administrative-offence proceedings – final decisions: Moscow City Court, 17/11/2017 and 26/03/2018;

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: under art. 19.3 § 1 (administrative detention), and under art. 20.2 § 5 of the CAO (fine)

5,000   

24743/18

08/05/2018

Maksim Mikhaylovich KOLYBELNIKOV

1985

Irina Aleksandrovna Yatsenko

Moscow

Opposition rally

Moscow

05/11/2017

article 19.3 § 1 of CAO, article 20.2

 § 5 of CAO

administrative detention of 15 days

(art. 19.3 § 1),

fine of RUB 15,000

(art. 20.2 § 5)

Moscow City Court, 08/11/2017 and 26/03/2018

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 p.m. on 05/11/2017 to 07/11/2017, the 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 - in respect of both sets of the administrative-offence proceedings – final decisions: Moscow City Court, 08/11/2017 and 26/03/2018;

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 of 05/11/2017: under art. 19.3 § 1 (administrative detention), and under art. 20.2 § 5 of the CAO (fine)

5,000   

24799/18

13/05/2018

Andrey Vladimirovich IOSS

1972

Oleg Aleksandrovich Yelanchik

Moscow

Opposition rally

Moscow

05/11/2017

article 19.3 § 1 of CAO, article 20.2

 § 5 of CAO

administrative detention of 15 days

 (art. 19.3 § 1),

fine of RUB 20,000

(art. 20.2 § 5)

Moscow City Court, 13/11/2017 and 12/04/2018

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 p.m. on 05/11/2017 to 07/11/2017, the hearing in the administrative-offence case; no record of the detention was drawn up;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of the administrative-offence proceedings – final decisions: Moscow City Court, 13/11/2017 and 12/04/2018;

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: under art. 19.3 § 1 (administrative detention), and under art. 20.2 § 5 of the CAO (fine)

5,000   

30608/18

18/06/2018

Alexey Sergeyevich ZELENOV

1993

 Memorial Human Rights Centre

Moscow

Opposition rally

Moscow

12/06/2017

article 19.3 § 1 of CAO,

article 20.2

 § 5 of CAO

fines of RUB 1,000 (art. 19.3 § 1) and RUB 15,000

(art. 20.2 § 5)

Moscow City Court, 06/03/2018 and 28/03/2018

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 3.30 p.m. on 12/06/2017 to 0.40 a.m. on 13/06/2017; the time indicated in the record of the administrative arrest was at variance with the time argued by the applicant;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of the administrative-offence proceedings – final decisions: Moscow City Court, 06/03/2018 and 28/03/2018;

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: under art. 19.3 § 1 of CAO (fine of RUB 1,000), and under art. 20.2 § 5 of the CAO (fine of RUB 15,000)

5,000   

31415/18

14/06/2018

Yevgeniy Valikhanovich MUSIN

1980

Rally against Mr Putin’s re‑election as President

St Petersburg

28/01/2018

Rally against constitutional amendments

St Petersburg

16/07/2020

article 19.3 § 1 of CAO,

article 20.2

 § 5 of CAO

article 20.2 § 8

of CAO

fine of RUB 500

(art. 19.3 § 1),

fine of RUB 10,000 (art. 20.2 § 5)

administrative detention of 20 days

St Petersburg City Court, both decisions of the same date

29/03/2018

St Petersburg City Court

21/07/2020

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 a.m. on 18/07/2020 to 3.20 p.m. on 19/07/2020;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of the administrative-offence proceedings – final decisions: St Petersburg City Court, 29/03/2018 and 21/07/2020;

Art. 11 (1) - restrictions on location, time or manner of conduct of public events – the local administration refused to authorise the pickets (“cubes”) the applicant planned to organise “within a radius of 15 meters from the cube” on 12-20/08/2017 (daily pickets to inform of the initiatives of Mr Navalnyy). The courts rejected the applicant’s complaint (appeal on 18/12/2017, St Petersburg City Court, last final decision: 07/09/2018, Single Judge of the Supreme Court). The administration considered that the aim “might be interpreted too broadly”, without specification of what types of issues would be raised (political/ economic/ social/ cultural), and it questioned the form of the event. There was no proposal for an alternative location. The pickets were not held as a result;

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - In respect of the proceedings related to the public event of 28/01/2018: the applicant was convicted twice for participation in the same public event: under art. 19.3 § 1 (fine of RUB 500), and under art. 20.2 § 5 of the CAO (fine of RUB 10,000)

5,000   

38498/18

06/08/2018

Anton Olegovich ROZHANSKIY

1986

 Memorial Human Rights Centre

Moscow

Opposition rally

Moscow

12/06/2017

article 19.3 § 1 of CAO,

article 20.2

 § 5 of CAO

fine of RUB 1,000 (art. 19.3 § 1),

fine of RUB 10,000 (art. 20.2 § 5)

Moscow City Court, 08/02/2018 and 30/03/2018

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 4.50 p.m. on 12/06/2017 to 2.15 a.m. on 13/06/2017; the time indicated in the record of the administrative arrest was at variance with the time argued by the applicant;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of the administrative-offence proceedings – final decisions: Moscow City Court, 08/02/2018 and 30/03/2018;

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: under art. 19.3 § 1 (fine of RUB 1,000), and under art. 20.2 § 5 of the CAO (fine of RUB 10,000)

5,000   

47202/18

19/09/2018

Ilya Mikhaylovich GANTVARG

1999

Maksim Vladimirovich Olenichev

St Petersburg

Rally against Mr Putin’s re‑election as President

St Petersburg

28/01/2018

article 19.3 § 1 of CAO,

article 20.2

§ 5 of CAO

administrative detention of 10 days

(art.19.3 § 1),

fine of RUB 15,000 (art.20.2 § 5)

St Petersburg City Court, 19/03/2018 and 26/04/2018

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 5.30 p.m. on 12/03/2018 to 13/03/2018, the 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 all sets of the administrative-offence proceedings – final decisions: St Petersburg City Court, 19/03/2018 and 26/04/2018;

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: under art. 19.3 § 1 (administrative detention), and under art. 20.2 § 5 of the CAO (fine)

5,000 

47908/18

09/09/2018

Sergey Andreyevich BOYKO

1983

Andzhelika Viktorovna Chernyavskaya

Oktyabrskiy

Anticorruption rally

Novosibirsk

30/09/2017

article 20.2 § 5

 of CAO

fine of RUB 10,000

Novosibirsk Regional Court

27/03/2018

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 4.00 p. m. on 21/05/2018 to an unspecified time on 22/05/2018, the hearing in the applicant’s administrative offence case related to calls to participate in an unauthorised public event on 05/05/2018,

- from 2.40 p.m. on 09/09/2018 to the hearing in the applicant’s administrative offence case related to calls to participate in an unauthorised public event of the same day

Art. 10 (1) - conviction for making calls to participate in public events:

Administrative conviction:

1) under art. 20.2 § 8 of the CAO for calls to participate in an unauthorised rally on 05/05/2018 published in Twitter; 30 days of administrative detention; final decision: Moscow City Court, 25/05/2018;

2) under art. 20.2 § 8 of the CAO for calls to participate in an unauthorised rally on 09/09/2018 published in social network Vkontakte; 30 days of administrative detention; final decision: Novosibirsk Regional Court, 12/09/2018

6,000 

49960/18

10/10/2018

Anton Yevgenyevich ALYABYEV

1999

Ivan Yuryevich Zhdanov

Vilnius

Rally against Mr Putin’s re‑election as President

Voronezh

05/05/2018

article 19.3 § 1 of CAO,

article 20.2 § 5 of CAO

administrative detention of 5 days (art. 19.3 § 1),

 fine of RUB 10,000 (art. 20.2 § 5)

Voronezh Regional Court, 21/06/2018 and

05/07/2018

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 6.10 p.m. on 05/05/2018 to 06/05/2018, the 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 all sets of the administrative-offence proceedings – final decisions: Voronezh Regional Court, 21/06/2018 and

05/07/2018;

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: under art. 19.3 § 1 (administrative detention), and under art. 20.2 § 5 of the CAO (fine)

5,000 

49965/18

10/10/2018

Denis Sergeyevich PYLEV

1987

Ivan Yuryevich Zhdanov

Vilnius

Rally against Mr Putin’s re‑election as President

Voronezh

05/05/2018

article 19.3 § 1 of CAO,

article 20.2 § 5 of CAO

administrative detention of 5 days (art. 19.3 § 1),

fine of RUB 10,000 (art. 20.2 § 5)

Voronezh Regional Court, 25/06/2018 and

04/06/2018

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 7.10 p.m. on 05/05/2018 to 06/05/2018, the 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 all sets of the administrative-offence proceedings – final decisions: Voronezh Regional Court, 25/06/2018 and

04/06/2018;

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: under art. 19.3 § 1 (administrative detention), and under art. 20.2 § 5 of the CAO (fine)

5,000 

50046/18

10/10/2018

Sergey Gennadyevich KARPENKO

1981

Ivan Yuryevich Zhdanov

Vilnius

Rally against Mr Putin’s re‑election as President

Voronezh

05/05/2018

article 19.3 § 1 of CAO,

article 20.2 § 5 of CAO

administrative detention of 2 days (art. 19.3 § 1),

fine of RUB 5,000 (art. 20.2 § 5)

Voronezh Regional Court, 21/06/2018 and

04/07/2018

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 7.00 p.m. on 05/05/2018 to 06/05/2018, the 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 all sets of the administrative-offence proceedings – final decisions: Voronezh Regional Court, 21/06/2018 and

04/07/2018;

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: under art. 19.3 § 1 of CAO (administrative detention), and under art. 20.2 § 5 of the CAO (fine)

5,000 

50537/18

10/10/2018

Vladislav Dmitriyevich TOLSTOV

1995

Ivan Yuryevich Zhdanov

Vilnius

Rally against Mr Putin’s re‑election as President

Voronezh

05/05/2018

article 19.3 § 1 of CAO,

article 20.2 § 5 of CAO

administrative detention of 5 days (art. 19.3 § 1),

fine RUB 10,000 (art. 20.2 § 5)

Voronezh Regional Court (both decisions on the same date)

21/06/2018

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 7.15 p.m. on 05/05/2018 to 06/05/2018, the 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 all sets of the administrative-offence proceedings – final decisions: Voronezh Regional Court, 21/06/2018;

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: under art. 19.3 § 1 of CAO (administrative detention), and under art. 20.2 § 5 of the CAO (fine)

5,000 

50820/18

10/10/2018

Vasiliy Aleksandrovich KOREPANOV

1997

Ivan Yuryevich Zhdanov

Vilnius

Rally against Mr Putin’s re‑election as President

St Petersburg

05/05/2018

article 19.3 § 1 of CAO,

article 20.2 § 5 of CAO

fine of RUB 500 (art. 19.3 § 1),

 fine of RUB 10,000 (art. 20.2 § 5)

St Petersburg City Court (both decisions of the same date)

19/06/2018

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence, from 5.30 p.m. on 05/05/2018 to an unspecified time;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of the administrative-offence proceedings – final decisions: St Petersburg City Court, 19/06/2018;

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: under Art. 19.3 § 1 of CAO (fine of RUB 500), and under Art. 20.2 § 5 of CAO (fine of RUB 10,000)

5,000 

50823/18

10/10/2018

Dmitriy Sergeyevich KANONYKHIN

1997

Ivan Yuryevich Zhdanov

Vilnius

Rally against Mr Putin’s re‑election as President

Voronezh

05/05/2018

article 19.3 § 1 of CAO,

article 20.2 § 5 of CAO

administrative detention of 5 days (art. 19.3 § 1),

 fine of RUB 10,000 (art. 20.2 § 5)

Voronezh Regional Court (both decisions of the same date),

20/06/2018

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 6.00 p.m. on 05/05/2018 to 06/05/2018, the hearing in the applicant’s administrative-offence case;

Art. 6 (1) - lack of impartiality of tribunal in view of the absence of a prosecuting party in all sets of the administrative-offence proceedings – final decisions: Voronezh Regional Court, 20/06/2018;

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: under art. 19.3 § 1 (administrative detention) and under art. 20.2 § 5 of the CAO (fine)

5,000 

50828/18

10/10/2018

Yaroslav Yevgenyevich ZUBOTAREV

1998

Ivan Yuryevich Zhdanov

Vilnius

Rally against Mr Putin’s re‑election as President

Voronezh

05/05/2018

article 19.3 § 1 of CAO,

article 20.2 § 5 of CAO

administrative detention of 5 days (art. 19.3 § 1),

 fine of RUB 10,000 (art. 20.2 § 5)

Voronezh Regional Court (both decisions on the same date)

15/06/2018

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 6.40 p.m. on 05/05/2018 to 06/05/2018, the hearing in the applicant’s administrative-offence case;

Art. 6 (1) - lack of impartiality of tribunal in view of the absence of a prosecuting party in all sets of the administrative-offence proceedings – final decisions: Voronezh Regional Court, 15/06/2018;

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: under art. 19.3 § 1 (administrative detention), and under art. 20.2 § 5 of the CAO (fine)

5,000 

51361/18

18/10/2018

Mariya Vladimirovna ALEKHINA

1988

Rally in support of Telegram

Moscow

16/04/2018

Rally of four people against police abuse

Moscow

28/11/2020

Rally in commemoration of the First World War (the applicant could not participate because she was apprehended by the police before)

Moscow

22/06/2021

article 20.2.2 § 1 of CAO

article 20.2 § 5 of CAO

article 19.3 § 1 of CAO

community works of 100 hours

fine of RUB 15,000

administrative detention of 15 days

Moscow City Court

20/04/2018

Moscow City Court

12/03/2021

Moscow City Court

30/06/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence on 02/12/2020 from 6.30 p.m. to 9.00 p.m.;

Art. 5 (3) - excessive length of pre-trial detention - the applicant was under house arrest from 29/01/2021 to 20/09/2021. The domestic courts extended the measure by using standard reasoning and listing the grounds provided for by the Code of Criminal Procedure (such as the gravity of the offence, the possibility for the applicant to abscond, put pressure on witnesses, and interfere with the investigation), without linking them to the circumstances of the applicant’s case or verifying whether these grounds remained valid at the advanced stages of the proceedings. The appellate courts reproduced the wording of the first‑instance courts’ decisions and dismissed the applicant’s appeals against the house arrest orders;

Art. 5 (4) - excessive length of judicial review of detention - appeal against the decision of the Preobrazhenskiy District Court of Moscow of 23/07/2021 extending the applicant’s house arrest considered by the Moscow City Court on 19/08/2021;

Art. 6 (1) - lack of impartiality of tribunal in view of the absence of a prosecuting party in all sets of the administrative-offence proceedings – final decisions: Moscow City Court, 20/04/2018, 12/03/2021 and 30/06/2021;

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentences of administrative detention imposed on the applicant on 23/06/2021 and 08/07/2021 were executed immediately, on account of the lack of suspensive effect of an appeal under the CAO

6,500 

58337/18

18/11/2018

Ivan Sergeyevich MONIKOV

1984

Ivan Yuryevich Zhdanov

Vilnius

Rally against Mr Putin’s re‑election as President

St Petersburg

05/05/2018

article 19.3 § 1 of CAO,

article 20.2 § 5 of CAO

administrative detention of 5 days (art. 19.3 § 1),

fine of RUB 15,000 (art. 20.2 § 5)

St Petersburg City Court (both decisions of the same date)

29/05/2018

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 5.50 p.m. on 05/05/2018 to 06/05/2018, the 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 all sets of the administrative-offence proceedings – final decisions: St Petersburg City Court, 29/05/2018;

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: under art. 19.3 § 1 (administrative detention), and under art. 20.2 § 5 of the CAO (fine)

5,000 

58871/18

30/11/2018

Vladimir Yuryevich SHIPITSYN

1969

Rally for peace and cooperation with western countries

St Petersburg

01/05/2018

Rally in support of Crimean Tatars

St Petersburg

18/05/2020

article 19.3 § 1 of CAO,

article 20.2 § 5 of CAO

article 20.2 § 2 of CAO

fine of RUB 900 (art. 19.3 § 1),

 fine of RUB 10,000 (art. 20.2 § 5)

community works of 40 hours

St Petersburg City Court, 30/05/2018 and 26/06/2018

St Petersburg City Court

22/12/2020

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 12.30 p.m. to 11.45 p.m. on 01/05/2018,

- from 12.50 p.m. to 5.30 p.m. on 08/05/2018, the hearing in the applicant’s administrative-offence case,

- from 3.00 p.m. on 01/07/2020 to 02/07/2020, the 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 all sets of the administrative-offence proceedings – final decisions: St Petersburg City Court, 30/05/2018, 26/06/2018 and 22/12/2020;

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 of 01/05/2018: under art. 19.3 § 1 (fine of RUB 900), and under art. 20.2 § 5 of the CAO (fine of RUB 10,000)

5,000 

59755/18

04/12/2018

Aleksandra Aleksandrovna TIMOFEYEVA

1998

Aleksey Vladimirovich Glukhov

Novocheboksarsk

"Hybrid rally" (march and meeting) in support of A. Navalnyy

Cheboksary

05/05/2018

article 20.2 § 5 of CAO,

article 19.3 § 1 of CAO

fine of RUB 10,000, community works of 20 hours (two separate proceedings under art. 20.2 § 5), and fine of RUB 500 (under art. 19.3 § 1)

Supreme Court of the Chuvashia Republic, 07/06/2018, 05/06/2018 and

14/06/2018

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of the administrative-offence proceedings – final decisions: Supreme Court of the Chuvashia Republic, 07/06/2018, 05/06/2018 and 14/06/2018

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was convicted three times for participating in the same public event: under art. 20.2 § (two separate proceedings resulted in fine of RUB 10,000 and 20 hours of community works), and under art. 19 § 3.1 of the CAO (fine of RUB 500)

4,000 

59761/18

04/12/2018

Sergey Vladimirovich YEGOROV

1993

Aleksey Vladimirovich Glukhov

Novocheboksarsk

"Hybrid rally" (march and meeting) in support of A. Navalnyy

Cheboksary

05/05/2018

article 20.2 § 5 of CAO,

article 19.3 § 1 of CAO

community works of 20 hours (art. 20.2 § 5),

fine of RUB 500 (art. 19.3 § 1)

Supreme Court of the Chuvashia Republic, 05/06/2018 and

15/06/2018

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of the administrative-offence proceedings – final decisions: Supreme Court of the Chuvashia Republic, 05/06/2018 and 15/06/2018

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: under art. 19.3 § 1 of CAO (fine), and under art. 20.2 § 5 of CAO (community works)

4,000 

8435/20

24/01/2020

Yuliya Yevgenyevna CHAPURINA

1991

Igor Nikolayevich Sholokhov

Kazan

“Hybrid” rally against construction of waste incineration plant

Arkhangelsk

07/04/2019

article 20.2 § 5 of CAO,

article 20.2 § 6.1 of CAO

two fines of RUB 10,000 each

Arkhangelsk Regional Court

05/12/2019 and 17/10/2019

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of the administrative-offence proceedings – final decisions: Arkhangelsk Regional Court, 17/10/2019, 05/12/2019 and 02/06/2022;

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: under art. 20.2 § 5 and under art. 20.2 § 6.1 of the CAO (both times he was punished by a fine);

Art. 10 (1) - disproportionate measures against solo demonstrators - solo-picket against the war in Ukraine in Arkhangelsk on 03/04/2022; administrative conviction under article 20.3.3 § 1 of the CAO, fine of RUB 40,000; final decision: Arkhangelsk Regional Court, 02/06/2022

4,000 

11142/21

01/02/2021

Vitaliy Andreyevich SOKOLOV

1983

 Memorial Human Rights Centre

Moscow

Anti-corruption rally

Moscow

15/07/2020

article 20.2 § 6.1 of CAO

fine of RUB 20,000

Moscow City Court

08/09/2020

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police office for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 10.30 p.m. on 15/07/2020 to 5.20 a.m. on 16/07/2020;

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, 08/09/2020

5,000

[1] Plus any tax that may be chargeable to the applicants.

Full & Egal Universal Law Academy