Published on 10 June 2024
THIRD SECTION
Application no. 50345/18
Kseniya Vladislavovna FADEYEVA against Russia
and 14 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 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
50345/18*
10/10/2018
Kseniya Vladislavovna FADEYEVA
1992
Ivan Yuryevich Zhdanov
Vilnius
"He is not our Tsar"
Tomsk
05/05/2018
"He is not our Tsar"
Tomsk
05/05/2018
Rally to support of Navalnyy
Tomsk
31/01/2021
Article 20.2 § 8 of CAO
Article 19.3 § 1 of CAO
Article 20.2 § 2 of CAO
fine of RUB 250,000
detention for 10 days
fine of RUB 20,000
Tomsk Regional Court
29/05/2018
Tomsk Regional Court
08/06/2018
Tomsk Regional Court
24/02/2021
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 police officers on whose written statements the conviction was based - all sets of proceedings,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - all sets of proceedings.
33111/21
24/06/2021
Isa Baumatgireyevich KHAMKHOYEV
1962
Mariya Aleksandrovna Kanevskaya
St Petersburg
Gathering on rehabilitation of repressed people
Nazran
21/11/2020
Article 20.2 § 1 of CAO
fine of RUB 10,000
Supreme Court of the Ingushetia Republic
03/03/2021
41171/21*
27/07/2021
Tatyana Viktorovna SPORYSHEVA
1976
Irina Vladimirovna Gak
Rostov-on-Don
Rally "Free Navalnyy"
Rostov-on-Don
23/01/2021
Article 20.1 § 2 of CAO
detention for 5 days
Rostov Regional Court
04/02/2021
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 for compiling an offence record between 3.55 a.m. and 11.30 a.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,
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
27431/22*
17/05/2022
Lelya Aleksandrovna NORDIK
1989
Mariya Sergeyevna Zyryanova
St Petersburg
Rally against violence to women
St Petersburg
25/11/2021
Article 20.2 § 8 of CAO
fine of RUB 75,000
St Petersburg City Court
18/01/2022
Art. 5 (1) - unlawful detention - arrest, escorting to and detention at a police station for compiling an offence report on 25‑26/11/2021,
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
4315/23*
23/12/2022
Nadezhda Igorevna STEPANYUK
1991
Kseniya Dmitriyevna Prosvirkina
Moscow
Anti-war rally
Moscow
06/03/2022
Article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
23/08/2022
Art. 5 (1) - unlawful detention - arrest, escorting to and detention at a police station for compiling an offence record on 06‑07/03/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
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.
11197/23*
20/02/2023
Anna Gennadiyevna SHATUNOVSKAYA-BYURNO
1974
Anti-war rally
Moscow
25/02/2022
Article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
21/10/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 25/02/2022 for compiling administrative offence record and detention at the police station between 9.15 p.m. on 25/02/2022 and 1.10 a.m. on 26/02/2022.
7765/24
22/01/2024
Darya Vladimirovna MAKOVEYEVA
Vladimir Sergeyevich Nemanov
Moscow
Anti-war rally
Moscow
27/02/2022
Article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
22/09/2023
Art. 5 (1) - unlawful detention - detention in excess of three hours, on 27/02/2022 between 6.00 p.m. and 10.20 p.m.
7845/24*
16/02/2024
Anton Aleksandrovich MALGAZHDAROV
1990
Tatyana Aleksandrovna Belova
Moscow
Anti-war banner
Moscow
12/06/2022
Article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
17/10/2023
7847/24
19/02/2024
Ilya Sergeyevich KOPYLOV
2000
Vladimir Sergeyevich Nemanov
Moscow
Anti-war rally
Moscow
27/02/2022
Article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
23/08/2023
(The administrative case was returned to the first-instance court (the Butyrskiy District Court in Moscow) and was available in its registry on 19/10/2023 (the applicant submits a copy of the electronic tracking system available on the District Court’s Internet site). The applicant alleges that the appeal decision has never been sent to him and that he could obtain a copy of it only on 19/10/2023, after the case file was returned from the appeal court to the first-instance court.)
Art. 5 (1) - unlawful detention - detention in excess of three hours, on 27/02/2022 between 7.50 p.m. and 11.55 p.m.
7849/24
19/02/2024
Yekaterina Pavlovna KONDRATOVA
2003
Vladimir Sergeyevich Nemanov
Moscow
Anti-war rally
Moscow
27/02/2022
Article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
19/10/2023
Art. 5 (1) - unlawful detention - detention in excess of three hours, on 27/02/2022 between 6.00 p.m. and 11.15 p.m.
7858/24*
14/02/2024
Anton Yakovlevich LOSHKAREV
1983
Anti-war rally
Moscow
06/03/2022
Article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
17/10/2023
Art. 5 (1) - unlawful detention - detained in excess of three hours, between 5.45 p.m. on 06/03/2022 and 4.30 a.m. on 07/03/2022.
7862/24*
21/02/2024
Sofya Gyrmayevna KASSAYE
1979
Valentina Andreyevna Chekhova
Moscow
Anti-war rally
Moscow
06/03/2022
Article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
23/10/2023
Art. 5 (1) - unlawful detention - detained in excess of three hours, between 2.15 p.m. on 06/03/2022 and 2.00 p.m. on 07/03/2022.
8268/24*
06/03/2024
Erik Aleksandrovich KURUSHIN
2003
Anti-war rally
Moscow
28/02/2022
Article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
07/11/2023
Art. 5 (1) - unlawful detention - detention in excess of three hours, between 8.54 p.m. on 28/02/2022 and 2 a.m. on 01/03/2022
9729/24*
22/02/2021
Natalya Nikolayevna TSAREVA
1986
Anti-war rally
Moscow
28/02/2022
Article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
23/10/2023
Art. 5 (1) - unlawful detention - detention in excess of three hours, between 8.57 p.m. on 28/02/2022 and 2.48 a.m. on 01/03/2022
10000/24*
11/03/2024
Sergey Anatolyevich POLYAKOV
1971
Valentina Andreyevna Chekhova
Moscow
Commemoration of Boris Nemtsov
Moscow
27/02/2022
Article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
05/12/2023
Art. 5 (1) - unlawful detention - detention in excess of three hours, between 3.30 p.m. on 27/02/2022 and 00.45 a.m. on 28/02/2022