Published on 10 June 2024
THIRD SECTION
Application no. 22832/18
Sergey Vladislavovich DOMASHNEV against Russia
and 4 other applications
(see table appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 16 May 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 table, 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 6 § 1 of the Convention relating to lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings which are the subject of well-established case law of the Court (see Karelin v. Russia, no. 926/08, 20 September 2016).
APPENDIX – STATEMENT OF FACTS
List of applications raising complaints under Article 6 § 1 of the Convention
(lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth / registration
Representative’s name and location
Penalty
Date of final domestic decision
Name of court
Other complaints under well-established case-law
22832/18*
08/05/2018
Sergey Vladislavovich DOMASHNEV
1966
Memorial Human Rights Centre
Moscow
fine of RUB 15,000
06/02/2018.
Moscow City Court
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 open court the police officers on whose written statements the applicant’s conviction was based; raised on appeal.
35602/18*
24/07/2018
Yevgeniy Valeryevich DOMOZHIROV
1974
Konstantin Aleksandrovich Markin
Velikiy Novgorod
fines of RUB 1,000 and RUB 2,000,
administrative detention of 3 days (event of 27/04/2020) and 20 days (event of 20/04/2021)
06/07/2020, 12/10/2020, 19/10/2020, 02/09/2020, 22/04/2021
Vologda Regional Court
Art. 5 (1) - unlawful detention - arrest, escorting to and detention at a police station on 27-28/04/2020 (relevant complaint lodged on 05/01/2021, final decision issued on 06/07/2020) and on 06/07/2020 between 10.49 a.m. and 1.00 p.m. (relevant complaint lodged on 28/02/2021, final decision issued on 02/09/2020) and on 20-21/04/2021,
Art. 10 (1) - various restrictions on the right to freedom of expression - on account of his convictions
(1) on 26/01/2018 under Art. 319of the Criminal Code for having publicly insulted a police officer, sentence: 60 hours of community works (Savva Terentiyev v. Russia, no. 10692/09, 28 August 2018);
(2) on 22/04/2021 under Art. 20.2 § 8 CAO for having published calls on social media for participation in a rally "Free Navalnyy" in Vologda on 21/04/2021;
other restrictions, including on account of his repeated convictions for breaking self-isolation rules and thus preventing him from collecting and publishing information on issues of public interest (construction of a kindergarten in a park).
44832/19*
12/08/2019
Maksim Sergeyevich TRETYAKOV
1985
Anatoliy Mariyevich Svechnikov
Yekaterinburg
fine of RUB 10,000
12/02/2019,
Sverdlovsk Regional Court
Art. 5 (1) - unlawful detention - escorting to the police station on 09/09/2018 for compiling an offence report, detention beyond the statutory three-hour period.
56790/21*
22/10/2021
Arkadiy Vladimirovich KOCHKUNOV
1978
Anastasiya Vladimirovna Kopteyeva
Chita
detention for 20 days
21/04/2021
Zabaykalskiy Regional Court
(decision served to the applicant on the following day)
Art. 10 (1) - conviction for making calls to participate in public events - disproportionate interference with his freedom of expression on account of his conviction under Art. 20.2 § 8 CAO for having published on 20/04/2021 on social media a call for the participation in the rally "Free Navalnyy" on 21/04/2021,
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.
20229/22
29/03/2022
PARTIYA NARODNOY SVOBODY
2016
Varvara Dmitriyevna Mikhaylova
St Petersburg
administrative fine of RUB 70,000
29/09/2021
Kirov Regional Court
Art. 10 (1) - various restrictions on the right to freedom of expression - conviction under Art. 20.2 § 2 CAO for having published on 23/01/2021 a call in the social network "VKontakte" to participate in a rally in support of Mr. Navalnyy on 23/01/2021.