Published on 8 January 2024
FIRST SECTION
Application no. 38648/21
Aleksandr Ivanovich CHURSIN against Russia
and 18 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 30 November 2023, the Court decided, under Rule 54 § 2 (b) of the Rules of Court, that notice of the applications should be given to the Government of Russia.
In the applications marked by an asterisk, other complaints were raised. This part of the applications has been struck out of the Court’s list of cases or declared inadmissible by the Court, sitting in a single-judge formation, assisted by a rapporteur as provided for in Article 24 § 2 of the Convention.
In the enclosed list of applications, whenever an applicant is referred to using initials, this indicates that the Court has authorised anonymity for that person, whose identity will not be disclosed to the public (Rule 47 § 4).
For further information on the procedure following communication of an application brought against Russia, subject of well-established case law of the Court, please refer to the Court’s website.
SUBJECT MATTER
The applications concern complaints raised under Article 11 of the Convention relating to disproportionate measures against organisers and participants of public assemblies which are the subject of well-established case law of the Court (see 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).
APPENDIX – STATEMENT OF FACTS
List of applications raising complaints under Article 11 of the Convention
(disproportionate measures against organisers and participants of public assemblies)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Name of the public event
Location
Date
Administrative offence under the code of administrative offences
Penalty
Final decision
Court Name
Date
Other complaints under well-established case-law
38648/21*
15/07/2021
Aleksandr Ivanovich CHURSIN
1989
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
administrative detention of 13 days
Moscow City Court
08/02/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 08/02/2021,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based and to submit evidence, including video recordings,
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 code of administrative offences (CAO).
38650/21*
15/07/2021
Valentina Sergeyevna PEREGUDOVA
1990
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2022
article 20.2 § 6.1 of CAO
administrative detention of 7 days
Moscow City Court
24/03/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 23/03/2021,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based,
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.
55914/21*
29/10/2021
Maksim Vladimirovich POPOV
1991
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
17/05/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 17/05/2021,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.
61251/21*
19/11/2021
Ruslan Aleksandrovich FOMIN
1984
Yekaterina Vanslova
Nizhniy Novgorod
Rally “Free Navalnyy”
Nizhniy Novgorod
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
20/05/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 5.00 to 9.20 p.m. on 23/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Nizhniy Novgorod Regional Court, 20/05/2021,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.
61344/21
03/12/2021
Aleksey Davidovich CHICHINADZE
1989
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
03/08/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 10.45 a.m. to 8.40 p.m. on 02/02/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 03/08/2021,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.
61348/21*
03/12/2021
Natalya Sergeyevna SMILGA
1997
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Moscow City Court
07/06/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 11.00 p.m. on 02/02/2021 to 3.30 p.m. on 03/02/2021, hearings in the applicant’s administrative-offence case,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 07/06/2021,
Art. 6 (1) - and Art. 6 (3) (c) - applicant’s absence from criminal proceedings - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.
61356/21*
03/12/2021
Dmitriy Sergeyevich ZAVALISHIN
1987
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
07/06/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 4.00 to 8.00 p.m. on 23/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 07/06/2021,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.
61727/21*
10/12/2021
Diana Vasilyevna SHARIPOVA
2002
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Nizhniy Novgorod
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 5,000
Nizhniy Novgorod Regional Court
23/06/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 12.10 p.m. to 7.50 p.m. on 31/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Nizhniy Novgorod Regional Court, 23/06/2021.
991/22*
25/11/2021
Aleksey Sergeyevich STARKOV
1993
Olimpiada Valentinovna Usanova
Nizhniy Novgorod
Rally "Free Navalnyy"
Nizhniy Novgorod
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
27/05/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 12.30 p.m. to 11.30 p.m. on 31/01/2021, the applicant spent 4h30 in the police van,
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, 27/05/2021,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based and to submit evidence including video recordings.
35552/22*
28/06/2022
Ivan Valeryevich TEREKHOV
2000
Konstantin Aleksandrovich Markin
Velikiy Novgorod
Anti-war protest
Veliky Novgorod
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Novgorod Regional Court
22/04/2022
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 2.20 p.m. to 9.00 p.m. on 06/03/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Novgorod Regional Court, 22/04/2022.
36533/22
11/07/2022
Nikolay Vladimirovich KOMYAGIN
1987
Sergey Aleksandrovich Loktev
St Petersburg
Anti-war protest
St Petersburg
25/02/2022
article 20.2 § 6.1 of CAO
fine of RUB 10,000
St Petersburg City Court
26/04/2022
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 25/02/2022 to 26/02/2022, hearing in the applicant’s administrative-offence case,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: St Petersburg City Court, 26/04/2022,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.
39846/22
29/07/2022
Georgiy Petrovich MIKHAYLOV
1985
Luiza Magomedovna Magomedova
St Petersburg
Anti-war protest
St Petersburg
27/02/2022
article 20.2 § 5 of CAO
administrative detention of 10 days
St Petersburg City Court
12/04/2022
Art. 5 (1) – unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 8.40 p.m. on 27/02/2022 to 01/03/2022, hearing in the applicant’s administrative-offence case,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: St Petersburg City Court, 12/04/2022,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.
45035/22*
24/08/2022
Irina Nasikhovna MANSUROVA
2001
Natalya Andreyevna Baranova
Moscow
Anti-war protest
Yekaterinburg
26/02/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Sverdlovsk Regional Court
18/05/2022
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.25p.m. to 7.25 p.m. on 26/02/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Sverdlovsk Regional Court, 18/05/2022,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.
46493/22
12/09/2022
Valeriya Vyacheslavovna POYMAKOVA
1998
Konstantin Mikhaylovich Zinovyev
Nizhniy Novgorod
Anti-war protest
Nizhniy Novgorod
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
13/05/2022
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.10 p.m. on 06/03/2022 to 3.45 p.m. on 07/03/2022, hearing in the applicant’s administrative-offence case,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Nizhniy Novgorod Regional Court, 13/05/2022.
47108/22*
12/09/2022
Dmitriy Yuryevich KHVAN
1990
Natalya Andreyevna Baranova
Moscow
Anti-war protest
Moscow
24/02/2022
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
05/07/2022
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 7.15 p.m. on 24/02/2022 to 1.00 a.m. on 25/02/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 05/07/2022,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.
47129/22*
14/09/2022
Aleksandr Sergeyevich GARYAYEV
1991
Natalya Andreyevna Baranova
Moscow
Anti-war protest
Yekaterinburg
06/03/2022
article 20.2 § 5 of CAO
39 hours of community works
Sverdlovsk Regional Court
08/06/2022
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 2.30 p.m. to 11.30 p.m. on 06/03/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Sverdlovsk Regional Court, 08/06/2022,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.
47607/22
14/09/2022
Nadezhda Sergeyevna SKULKINA
1998
Konstantin Mikhaylovich Zinovyev
Nizhniy Novgorod
Anti-war protest
Nizhniy Novgorod
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
25/05/2022
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.10 p.m. on 06/03/2022 to 1.00 a.m. on 07/03/2022,
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, 25/05/2022.
48748/22*
12/09/2022
Artem Vladimirovich SHKALOV
1992
Anti-war protest
St Petersburg
03/03/2022
article 20.2 § 6.1 of CAO
fine of RUB 12,000
St Petersburg City Court
12/05/2022
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 8.30 p.m. on 03/03/2022 to 4.50 p.m. on 06/03/2022, hearing in the applicant’s administrative-offence case,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: St Petersburg City Court, 12/05/2022,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.
50600/22
08/10/2022
Yekaterina Olegovna STRUTSENKO
1991
Mariya Sergeyevna Zyryanova
St Petersburg
Anti-war protest
St Petersburg
27/02/2022
article 20.2 § 6.1 of CAO
fine of RUB 15,000
St Petersburg City Court
09/06/2022
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 27/02/2022 to 28/02/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: St Petersburg City Court, 09/06/2022,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.
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