Published on 5 February 2024
FIFTH SECTION
Application no. 83641/17
Elvira Rashitovna DMITRIYEVA against Russia
and 14 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 11 January 2024, 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 / criminal offence
Penalty
Final domestic decision
Court Name
Date
Other complaints under well-established case-law
83641/17*
26/11/2017
Elvira Rashitovna DMITRIYEVA
1979
Deceased in 2019
Heir:
A.V. DMITRIYEV
Igor Nikolayevich Sholokhov
Kazan
Rally against the retirement age hike
Kazan
09/09/2018
article 20.2 § 2 of CAO
detention for 7 days
Supreme Court of the Tatarstan Republic
14/09/2018
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report (1) from 11.30 a.m. until 2.30 p.m. on 23/08/2017, and
(2) from 10.50 a.m. until 6.30 p.m. on 10/09/2018;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of administrative offence proceedings under Articles 20.2 § 2 and 20.2 § 8 of CAO (final decisions taken on 07/09/2017, 14/09/2018 and 28/11/2018 respectively);
Art. 10 (1) - conviction for making calls to participate in public events - (1) political rally accompanied by distribution of leaflets issued by the Navalnyy Headquarters on 09/08/2017 in Kazan, Article 20.2 § 8 of CAO, detention for 10 days, final decision Supreme Court of the Tatarstan Republic 07/09/2017;
(2) rally against retirement age hike on 09/09/2018 in Kazan, Article 20.2 § 8 of CAO, fine of RUB 75,000, final decision Supreme Court of the Tatarstan Republic 28/11/2018;
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 relation to the administrative-offence proceedings which ended with the final decisions taken by the Supreme Court of the Tatarstan Republic on 07/09/2017 and 14/09/2018 respectively).
22034/18
16/04/2018
Vladimir Nikolayevich KRAVTSOV
1966
Konstantin Mikhaylovich Zinovyev
Nizhniy Novgorod
Rally to support A. Navalnyy
Nizhniy Novgorod
29/09/2017
article 20.2 § 8 of CAO
detention for 20 days
Nizhniy Novgorod Regional Court
17/10/2017
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
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.
38547/18*
31/07/2018
Kira Aleksandrovna YARMYSH
1989
Ivan Yuryevich Zhdanov
Vilnius
Political rally
Moscow
05/05/2018
article 20.2 § 8 of CAO
detention for 25 days
Moscow City Court
31/05/2018
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report (1) from 4.50 p.m. on 30/01/2018 until later on the same day, when the applicant was taken to the court; (2) from 11 p.m. on 21/01/2021 until 22/01/2021, when the applicant was taken to the court; and (3) from 10.39 a.m. until the court hearing on 21/04/2021;
Art. 5 (3) - lack of relevant and sufficient reasons for pre-trial detention - house arrest from 01/02/2021 until 16/08/2021, Basmannyy District Court of Moscow, specific defects: collective detention orders; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 8 of the CAO and in all three sets of proceedings under Article 20.2 § 2 of CAO (final decisions taken on 02/02/2018, 22/03/2021, and 15/07/2021 respectively);
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 (in the proceedings under Art. 20.2 § 8 and in all three sets of proceedings under Article 20.2 § 2 of CAO);
Art. 10 (1) - conviction for making calls to participate in public events - (1) call to participate in the Voters’ strike on 28/01/2018 in Moscow, Article 20.2 § 2 of CAO, detention for 5 days, final decision Moscow City Court on 02/02/2018;
(2) rally “Free Navalnyy” on 23/01/2021 in Moscow, Article 20.2 § 2 of CAO, detention for 9 days, final decision by the Moscow City Court on 22/03/2021;
(3) rally “Free Navalnyy” on 21/04/2021 in Moscow, Article 20.2 § 2 of CAO, detention for 10 days, final decision by the Moscow City Court on 15/07/2021.
11949/19*
23/01/2019
Ivan Dmitriyevich GUBANOV
1998
Aleksandr Dmitriyevich Peredruk
St Petersburg
Rally against retirement age hike
St Petersburg
09/09/2018
article 20.2
§ 6.1 of CAO
fine of RUB 10,000
St Petersburg City Court
08/11/2018
Art. 3 - inadequate conditions of detention during transport - poor conditions of transfer in a police van on 09/09/2018-10/09/2018 for 9 hours: no access to toilet during transfer and no meals/beverages provided;
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 5.15 p.m. on 09/09/2018 until 3 p.m. on 11/09/2018;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
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.
11956/19
23/01/2019
Andrey Vasilyevich ALYUSHENKO
1998
Aleksandr Dmitriyevich Peredruk
St Petersburg
Rally against retirement age hike
St Petersburg
09/09/2018
article 20.2
§ 6.1 of CAO
fine of RUB 10,000
St Petersburg City Court
08/11/2018
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 4 p.m. on 09/09/2018 until 3 p.m. on 11/09/2018;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
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.
21357/20*
28/04/2020
Andrey Sergeyevich RUBAN
1985
Yevgeniy Vladislavovich Sokolov
Belgorod
Rally to call for fair elections to Mosgorduma
Belgorod
17/08/2019
Rally "Free Navalnyy"
Belgorod
23/01/2021
article 20.2 § 2 of CAO
article 20.2 § 5 of CAO
20 hours of community work
fine of RUB 10,000
Belgorod Regional Court
02/03/2020
Belgorod Regional Court
12/04/2021
Art. 11 (1) - restrictions on location, time or manner of conduct of public events - refusal to approve a political rally planned on 05/11/2019 in Belgorod, proposal to change a location (final decision on 06/04/2020, Supreme Court of the Russian Federation);
Art. 13 - lack of any effective remedy in domestic law - in relation to the complaint under Article 11 about restrictions on date and place of the public event.
33549/21*
09/06/2021
Raushan Faizovich VALIULLIN
1984
Aleksandr Dmitriyevich Peredruk
St Petersburg
Rally "Free Navalnyy"
Naberezhnye Chelny
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
24/02/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 23/01/2021;
Art. 8 (1) - unlawful search - search of the applicant’s apartment on 29/03/2022; search warrant issued by the Naberezhnye Chelny Town Court of the Tatarstan Republic (upheld on appeal on 31/05/2022, Supreme Court of the Tatarstan Republic). Specific defects: no adequate and sufficient safeguards against abuse: broad terms/wide content and scope of the search warrant (objects and documents not specific enough to restrict police’s discretion); particular circumstances: possible repercussions; no relevant or sufficient reasons to justify the search: no evidence supporting the search authorisation; no relevant or sufficient reasons to justify the search: no reasonable suspicion as the basis for the search authorisation;
Art. 11 (1) - restrictions on location, time or manner of conduct of public events - town hall’s refusal to approve the location of two political rallies on 02/06/2019 and 09/06/2019 (final decision for both events taken on 19/02/2021 by the Supreme Court of the Russian Federation).
44135/21*
30/08/2021
Roksana Filippovna GALIAKBEROVA
1993
Anna Yevgenyevna Bochilo
Barnaul
Rally “Free Navalnyy”
Kazan
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
26/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report (1) from 7.30 p.m. on 21/04/2021 until 5.15 p.m. on 22/04/2021, and (2) from 10.10 p.m. on 17/09/2021 until 2.45 p.m. on 18/09/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence under Article 20.1 § 1 of the CAO (final decision Supreme Court of the Tatarstan Republic 20/10/2021);
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 in the proceedings under Article 20.2 § 5 of the CAO the police officers on whose written statements the applicant’s conviction was based.
44191/21*
30/08/2021
Anastasiya Vladimirovna NEKHAYEVA
1976
Rally "Free Navalnyy"
Kaliningrad
31/01/2021
Rally "Free Navalnyy"
Kaliningrad
23/01/2021
Anti-war protest
Kaliningrad
24/02/2022
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
article 20.2 § 8 of CAO
fine of RUB 20,000
fine of RUB 10,000
detention for 25 days
Kaliningrad Regional Court
23/03/2021
Kaliningrad Regional Court
15/06/2021
Kaliningrad Regional Court
08/04/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings (final decisions taken on 16/03/2021, 30/04/2021 and 25/05/2021 respectively);
Art. 5 (1) - unlawful detention –
(1) escorting to the police station for compiling an offence report from 12.30 p.m. until 4.30 p.m. on 31/01/2021; (2) escorting to and detention at the police station after compiling an offence report from 6.45 p.m. on 21/04/2021 until 3.01 on 22/04/2021, and (3) from 6.20 p.m. on 24/02/2022 until 10 a.m. on 26/02/2022;
Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 21/04/2021 in Kaliningrad, Article 20.2 § 8 of CAO, detention for 20 days, final decision Kaliningrad Regional Court 30/04/2021;
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 conviction was based:
(1) fine of RUB 15,000; 16/03/2021, Kaliningrad Regional Court;
(2) fine of RUB 20,000; 23/03/2021 Kaliningrad Regional Court;
(3) detention for 20 days; 30/04/2021, Kaliningrad Regional Court;
(4) fine of RUB 10,000; 25/05/2021, Kaliningrad Regional Court;
(5) detention for 25 days, 08/04/2022, Kaliningrad Regional Court;
Art. 10 (1) - disproportionate measures against solo demonstrators - (1) solo demonstration in support of A. Navalnyy on 21/08/2020 in Kaliningrad, conviction under article 20.2 § 5 of CAO (rotation, 5 participants), fine of RUB 15,000, final decision 16/03/2021, Kaliningrad Regional Court;
(2) solo demonstration against criminal prosecution of S. Furgal on 15/08/2020 in Kaliningrad, conviction under article 20.2 § 5 of CAO (30 people, less than 50 meters distance), fine of RUB 10,000, final decision 25/05/2021, Kaliningrad Regional Court;
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 26/02/2022 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
44709/21
12/08/2021
Maksim Andreyevich SUPRUN
1990
Aleksey Vladimirovich Glukhov
Novocheboksarsk
Rally “Free Navalnyy”
Cheboksary
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Chuvashia Republic
05/05/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 5 of the CAO and both sets of proceedings under Article 20.3.3 § 1 of the CAO;
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 conviction was based in the proceedings under Article 20.2 § 5 of the CAO;
Art. 10 (1) - various restrictions on the right to freedom of expression –
(1) on 10/06/2022 the applicant was found guilty of reposting a video in Telegram about army supply problems under Art. 20.3.3 § 1 of the CAO (Discredit war), fined RUB 35,000, final decision 23/08/2022 Supreme Court of the Chuvashia Republic;
(2) on 23/06/2022 the applicant was found guilty of posting a video alleging looting by the Russian armed forces in Ukraine under Art. 20.3.3 § 1 of the CAO (Discredit war), fined RUB 30,000, final decision 27/07/2022 Supreme Court of the Chuvashia Republic.
45579/21*
01/09/2021
Aleksey Arkadyevich LUKYANOV
1987
Ivan Yuryevich Zhdanov
Vilnius
Rally "Free Navalnyy"
Saransk
31/01/2021
article 20.2
§ 6.1 of CAO
fine of RUB 10,000
Supreme Court of the Mordovia Republic
15/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 13.20 p.m. on 31/01/2021 until 10.15 a.m. on 01/02/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 6.1 of the CAO (final decisions taken by the Supreme Court of the Mordovia Republic on 15/03/2021 and 22/03/2021 respectively).
47046/21
04/09/2021
Arseniy Sergeyevich NECHAYEV
1998
Anna Yevgenyevna Bochilo
Barnaul
Rally "Free Navalnyy"
Moscow
23/01/2021
Anti-war protest
Moscow
06/03/2022
article 20.2 § 5 of CAO
article 20.2 § 8 of CAO
fine of RUB 10,000
detention for 5 days
Moscow City Court
07/06/2021
Moscow City Court
24/07/2022
Art. 5 (1) - unlawful detention –
(1) escorting to the police station for compiling an offence report on 23/01/2021, and
(2) escorting to and detention at the police station after compiling an offence report from 5.50 p.m. on 06/03/2022 until 12.50 p.m. on 07/03/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of administrative-offence proceedings;
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 in both sets of administrative-offence proceedings;
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.
374/22*
01/12/2021
Artur Ildarovich GIMATDINOV
1986
Danil Ilnurovich Nurgaleyev
Kazan
Anti-war protest
Kazan
06/03/2022
article 20.2 § 8 of CAO
detention for 10 days
Supreme Court of the Tatarstan Republic
10/03/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report (1) from 6.37 p.m. on 21/04/2021 until 3 p.m. on 22/04/2021, and (2) from 4.45 p.m. on 06/03/2022 until the court hearing on 08/03/2022;
Art. 10 (1) - various restrictions on the right to freedom of expression –
(1) on 09/03/2022 the applicant was found guilty of shouting a slogan "No to war with Ukrainian people!" during the anti-war protest on 06/03/2022 under Art. 20.3.3 § 1 of the CAO (Discredit war), fined RUB 30,000, final decision 18/05/2022 Supreme Court of the Tatarstan Republic;
(2) conviction for making calls to participate in public events - rally “Free Navalnyy” on 21/04/2021 in Kazan, conviction under Article 20.2 § 2 of CAO, detention for 8 days, final decision Supreme Court of the Tatarstan Republic 02/06/2021;
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant in the proceedings under Article 20.2 § 8 and Article 20.2 § 2 of the CAO was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
13184/22*
14/02/2022
Anton Viktorovich TIMOFEYEV
1978
Ivan Yuryevich Zhdanov
Vilnius
Rally "Free Navalnyy"
Tomsk
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Tomsk Regional Court
20/08/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
36858/23*
11/09/2023
Dmitriy Nikolayevich LEN
1961
Rally in support of free media
Moscow
29/08/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
01/06/2023