Published on 13 May 2024
THIRD SECTION
Application no. 23218/17
Yevgeniy Valeryevich DOMOZHIROV and
Anatoliy Leonidovich GRYAZNOV against Russia
and 6 other applications
(see table appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 18 April 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 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
23218/17*
20/03/2017
Yevgeniy Valeryevich DOMOZHIROV
1974
Anatoliy Leonidovich GRYAZNOV
1977
Aleksey Vladimirovich Glukhov
Novocheboksarsk
Rally "825 years of Vologda Park"
Vologda
01/06/2016
Article 20.2 § 8 of CAO (Domozhirov),
Article 20.2 § 5 of CAO
(Gryaznov)
40 hours of
community works (Domozhirov for Art. 20.2 § 8 CAO),
fine of
RUB 10,000
(Gryaznov under Art. 20.2 § 5 CAO)
Vologda Regional Court
26/12/2016
55824/21*
05/11/2021
Konstantin Sergeyevich SMIRNOV
1983
Ivan Yuryevich Zhdanov
Vilnius
Rally "Free Navalnyy"
Krasnoyarsk
31/01/2021
Article 20.2 § 5 of CAO
fine of
RUB 15,000
Krasnoyarsk Regional Court
13/05/2021
Art. 5 (1) - unlawful detention - arrest, escorting to and detention at a police station between 3.00 p.m. and 4.00 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,
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.
7545/22
20/01/2022
Artem Nikolayevich ZAZYKIN
1985
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Tula
23/01/2021
Article 20.2 § 5 of CAO
fine of
RUB 10,000
Tula Regional Court
20/07/2021
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest, escorting to and detention at a police station between 2.15 p.m. and 6.30 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.
35062/22
30/05/2022
Maksim Alekseyevich LOGINOV
1986
Aleksey Sergeyevich Lapuzin
Samara
Anti-war protest
Tolyatti
24/02/2022
Article 20.2 § 2 of CAO
detention
for 10 days
Samara Regional Court
01/03/2022
Art. 5 (1) - unlawful detention - arrest, escorting to and detention at a police station on 24-25/02/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
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.
48754/22*
14/09/2022
Ramiz Talyb ogly USUBOV
1994
Natalya Andreyevna Baranova
Moscow
Anti-war protest
Novosibirsk
06/03/2022
Article 20.2
§ 6.1 of CAO
fine of
RUB 10,000
Novosibirsk Regional Court
26/05/2022
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest, escorting to and detention at a police station on 06/03/2022 between 3.40 p.m. and 9.30 p.m.,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
2270/24*
31/12/2023
Tatyana Aleksandrovna GLAZOVA
1987
Anti-war protest
Moscow
13/03/2022
Article 20.2 § 5 of CAO
fine of
RUB 15,000
Moscow City Court
31/08/2023
Art. 5 (1) - unlawful detention - arrest, escorting to and detention at a police station on 13-14/03/2022.
3271/24*
13/01/2024
Svetlana Edgarovna FRIK
1967
Anti-war protest
Moscow
27/02/2022
Article 20.2
§ 6.1 of CAO
fine of
RUB 10,000
Moscow City Court
13/09/2023
Art. 5 (1) - unlawful detention - arrest and escorting to a police station for compiling an offence report on 27/02/2022 (the applicant remained there for one hour and twenty minutes).