Published on 5 February 2024
THIRD SECTION
Application no. 19016/18
Stanislav Mikhaylovich DMITRIYEVSKIY against Russia
and 9 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
19016/18*
06/04/2018
Stanislav Mikhaylovich DMITRIYEVSKIY
1966
Olga Aleksandrovna Sadovskaya
Nizhniy Novgorod
Rally “Free Navalnyy”
N. Novgorod
29/09/2017
Article 20.2 § 5 of CAO
fine of RUB 20,000
Nizhniy Novgorod Regional Court
27/12/2017
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of 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 and other prosecution witnesses – both sets of proceedings,
Art. 10 (1) - conviction for making calls to participate in public events - disproportionate restriction of his freedom of assembly on account of his conviction under Art. 20.2 § 2 CAO for having published on his Facebook page calls to participate in the rally "Free Navalnyy" on 21/04/2021, fine of RUB 20,000, final decision by the Nizhniy Novgorod Regional Court on 10/06/2021,
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report on 21-22/04/2021 (proceedings ended on 10/06/2021).
56976/18
21/11/2018
Yuliya Igorevna BOTUKH
1991
Varvara Dmitriyevna Mikhaylova
St Petersburg
Rally against Putin’s re-election
St Petersburg
05/05/2018
Article 20.2 § 5 of CAO
Art. 19.3 § 1 CAO
fine of RUB 10,000
detention of 3 days
St Petersburg City Court
29/05/2018
St Petersburg City Court
22/05/2018
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report on 05-06/05/2018,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings – both sets of the 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 – both sets of the proceedings,
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - overlap of the facts constituting the basis for the applicant’s prosecution in the first set of proceedings (Art. 19.3 § 1 of CAO) with substantially the same facts underlying his conviction in the second set of proceedings (Art. 20.2 § 5 of CAO).
41405/21*
02/08/2021
Valeriy Viktorovich SKRIPALSHCHIKOV
1951
Konstantin Vladimirovich Bubon
Khabarovsk
Rally to support S. Furgal
Khabarovsk
24/10/2020
Article 20.2 § 8 of CAO
fine of RUB 150,000
Khabarovsk Regional Court
29/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report between 01.55 p.m. on 22/05/2021 and 24/05/2021.
56248/21*
25/10/2021
Bulat Galiyevich KHALIULLIN
1992
Nikolay Sergeyevich Zboroshenko
Mytishchi
Forum of municipal deputies (Open Russia Civic Movement)
Moscow
13/03/2021
Article 20.33 of CAO
fine of RUB 15,000
Izmaylovskiy District Court of Moscow
25/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report between 10.30 a.m. and 5.30 p.m. on 13/03/2021.
56279/21*
25/10/2021
Anna Svetlana Afredovna SHAPOSHNIKOVA
1964
Nikolay Sergeyevich Zboroshenko
Mytishchi
Forum of municipal deputies (Open Russia Civic Movement)
Moscow
13/03/2021
Article 20.33 of CAO
fine of RUB 15,000
Izmaylovskiy District Court of Moscow
25/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report between 10.30 a.m. and 9.00 p.m. on 13/03/2021,
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.
57904/21*
25/10/2021
Yelena Anatolyevna PARIY
1969
Sergey Yuryevich Tiunov
Yekaterinburg
Rally "Free Navalnyy"
Yekaterinburg
23/01/2021
Rally “Free Navalnyy”
Yekaterinburg
31/01/2021
Article 20.2 § 5 of CAO
Article 20.2 § 5 of CAO
40 hours of community works
40 hours of community work
Sverdlovsk Regional Court
19/05/2021
Sverdlovsk Regional Court
29/04/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of 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 prosecution witnesses (both sets of proceedings).
61341/21*
03/12/2021
Viktor Viktorovich KARPUSHIN
1970
Memorial Human Rights Centre
Moscow
Forum of municipal deputies (Open Russia Civic Movement)
Moscow
13/03/2021
Article 20.33 of CAO
fine of RUB 15,000
Izmaylovskiy District Court of Moscow
04/08/2021
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.
12360/22*
24/02/2022
Iosif Ruslanovich DZHAGAYEV
1989
Kseniya Dmitriyevna Prosvirkina
Moscow
Forum of municipal deputies (Open Russia Civic Movement)
Moscow
13/03/2021
Article 20.33 of the CAO
fine of RUB 5,000
Sovetskiy District Court of Vladikavkaz
27/08/2021
Art. 5 (1) - unlawful detention - on 13/03/2021 and on 13/07/2022 the 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 (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - 2nd set of proceedings (final decision Moscow City Court 20/07/2022),
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 (2nd set of proceedings),
Art. 10 (1) - various restrictions on the right to freedom of expression - disproportionate interference with his freedom of expression on account of his conviction under Art. 20.3 § 1 CAO for publishing on his Facebook page a symbol of "Vote Smart" of an extremist organisation de-registered in Russia (movement of Navalnyy Headquarters), penalty of detention for 15 days, final decision Moscow City Court 20/07/2022,
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 (2nd set of proceedings).
30061/22*
12/05/2022
Aducha Arankovich ERDNEYEV
1959
Rally of Chuulhn (congress of Oirat-Kalmyk people)
Elista
29/05/2021
Article 20.2 § 5 du CIA
fine of RUB 5,000
Supreme Court of the Kalmykia Republic
24/11/2021
38307/23*
17/09/2023
Vladimir Sergeyevich NEMANOV
1996
Polina Artemovna Petrova
Moscow
Boris Nemtsov memorial
Moscow
27/02/2022
Article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
13/06/2023
Art. 5 (1) - unlawful detention - escorting to and detention at the police station on 27/02/2022 for compiling an offence report between 02.35 p.m. and 06.15 p.m.