Published on 5 February 2024
FOURTH SECTION
Application no. 48403/18
Mikhail Sergeyevich FAYZRAKHMANOV against Russia
and 11 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 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
Representative’s name and location
Penalty
Date of final domestic decision
Name of court
Other complaints under
well-established case-law
48403/18*
05/10/2018
Mikhail Sergeyevich FAYZRAKHMANOV
1995
Ivan Yuryevich Zhdanov
Vilnius
fine of RUB 10,000
07/05/2018, Zabaykalye Regional Court
Art. 10 (1) - conviction for making calls to participate in public events - calls on the internet (Vkontakte social network) to participate in "Strike of electors" (2018 Presidential elections), conviction under article 20.2 § 1 of the CAO to an administrative fine of RUB 10,000; final decision: Zabaykalye Regional Court, 07/05/2018,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - right to question police officers as witnesses.
23626/21
17/04/2021
Tatyana Viktorovna PUSHKINA
1992
Aleksandr Dmitriyevich Peredruk
St Petersburg
fine of RUB 20,000
29/10/2020, Novosibirsk Regional Court
Art. 10 (1) - conviction for making calls to participate in public events - calls on the internet (Telegram messenger) to participate in solo picketing in support of the Khabarovsk Region Governor, Mr S. Furgal; conviction under article 20.2 § 2 of the CAO to an administrative fine of RUB 20,000; final decision Novosibirsk Regional Court, 29/10/2020,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - right to question police officers as witnesses.
40304/21*
30/07/2021
Sofya Sergeyevna LOPATINA
1997
Ivan Yuryevich Zhdanov
Vilnius
administrative detention for 8 days,
administrative detention for 10 days,
administrative detention for 30 days
03/02/2021,
Kurgan Regional Court (under art. 20.2 § 2)
06/05/2021,
Kurgan Regional Court (under art. 19.3 § 1)
06/05/2021,
Kurgan regional Court (under art. 20.2 § 8)
Art. 10 (1) - conviction for making calls to participate in public events - calls on the internet (Vkontakte social network) to participate in a rally in support of Mr A. Navalnyy, on 23/01/2021; conviction under art. 20.2 § 2 of the CAO to 8 days of administrative detention; final decision Kurgan Regional Court, 03/02/2021
41578/21*
03/08/2021
Kseniya Vladislavovna FADEYEVA
1992
Ivan Yuryevich Zhdanov
Vilnius
fine of RUB 25,000
12/02/2021,
Tomsk Regional Court
Art. 10 (1) - conviction for making calls to participate in public events - calls on the internet (Vkontakte social network) to participate in an unauthorised rally in support of Mr A. Navalnyy on 23/01/2021; conviction under article 20.2 § 2 of the CAO to an administrative fine of RUB 25,000; final decision: Tomsk Regional Court, 12/02/2021,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - right to question police officers as witnesses.
42544/21
27/07/2021
Sergey Vladimirovich SERGEYEV
1988
Aleksey Vladimirovich Glukhov
Novocheboksarsk
administrative detention of 7 days
28/01/2021,
Ulyanovsk Regional Court
Art. 10 (1) - conviction for making calls to participate in public events - repost of a call for participation in a rally in Ulyanovsk in support of Mr A. Navalnyy, on the internet (Vkontakte social network); conviction under article 20.2 § 2 of the CAO to administrative detention of 7 days; final decision: Ulyanovsk Regional Court, 28/01/2021,
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.
42738/21*
12/08/2021
Kirill Viktorovich UKRAINTSEV
1990
Veronika Valeryevna Polyakova
Moscow
administrative detention of 5 days
12/02/2021,
Moscow City Court
Art. 10 (1) - conviction for making calls to participate in public events - repost of a call on the internet (Vkontakte social network) for participation in a demonstration near a district court in Moscow on 11/01/2021; conviction under article 20.2 § 2 of the CAO to administrative detention of 5 days; final decision: Moscow City Court, 12/02/2021,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - right to question police officers as witnesses.
43689/21*
17/08/2021
Anastasiya Viktorovna GLEBOVA
1994
Aleksandr Yevgenyevich Pomazuyev
Vilnius
fine of RUB 25,000
11/03/2021,
Vologda Regional Court
Art. 10 (1) - conviction for making calls to participate in public events - calls (distribution of leaflets) to participate in manifestation in support of Navalnyy in Cherepovets on 23/01/2021; conviction under article 20.2 § 2 of the CAO to administrative fine of RUB 25,000; final decision: Vologda Regional Court, 11/03/2021.
46739/21*
10/09/2021
Viktoriya Valeryevna POSTNIKOVA
1975
Aleksandr Yevgenyevich Pomazuyev
Vilnius
fine of RUB 5,000
19/03/2021,
Supreme Court of the Skha-Yakutia Republic
Art. 10 (1) - conviction for making calls to participate in public events - calls on the internet (Telegram messenger) to participate in unauthorised public event (in a form of a dance in the central square of the town) in support of Mr A. Navalnyy; conviction under article 20.2.2 § 1 of the CAO (with reference to COVID pandemic situation) to an administrative fine of RUB 5,000; final decision: by the Supreme Court of the Skha-Yakutia Republic, 19/03/2021,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to question police officers as witnesses.
54892/21
12/10/2021
Sergey Dmitriyevich BELIKOV
1987
Ernest Aleksandrovich Mezak
Saint-Barthélemy-d’Anjou
fine of RUB 10,000
14/04/2021,
Supreme Court of the Komi Republic
Art. 10 (1) - conviction for making calls to participate in public events - calls on the internet (Vkontakte social network) to participate in an unauthorised rally in support of Mr A. Navalnyy on 23/01/2021; conviction under article 20.2 § 2 of the CAO to an administrative fine of RUB 10,000; final decision: Supreme Court of the Komi Republic, 14/04/2021.
6129/22
06/01/2022
Vladimir Mikhaylovich KOTOV
1990
Ernest Aleksandrovich Mezak
Saint-Barthélemy-d’Anjou
fine of RUB 20,000
08/07/2021, Arkhangelsk Regional Court
Art. 10 (1) - conviction for making calls to participate in public events - calls on the internet (Vkontakte social network) to participate in an unauthorised rally in support of Mr A. Navalnyy on 21/04/2021; conviction under article 20.2 § 2 of the CAO to an administrative fine of RUB 20,000; final decision: Arkhangelsk Regional Court, 08/07/2021.
14411/22
10/03/2022
Denis Igorevich SHENDEROVICH
1977
Anna Yevgenyevna Bochilo
Barnaul
fine of RUB 25,000
27/10/2021,
Moscow City Court
Art. 10 (1) - conviction for making calls to participate in public events - calls on the internet (Instagram social network) to participate in an unauthorised rally in support of Mr A. Navalnyy on 23/01/2021; conviction under article 20.2 § 2 of the CAO to an administrative fine of RUB 25,000; final decision: Moscow City Court, 27/10/2021,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to question police officers as witnesses.
25798/22*
11/05/2022
Anna Stanislavovna DULEVSKAYA
1991
Varvara Dmitriyevna Mikhaylova
St Petersburg
fine of RUB 20,000
15/11/2021,
Moscow City Court
Art. 10 (1) - conviction for making calls to participate in public events - calls on the internet (Facebook) to participate in an unauthorised rally on 21/04/2021 in support of Mr A. Navalnyy; conviction under article 20.2 § 2 of the CAO to an administrative fine of RUB 20,000; final decision: Moscow City Court, 15/11/2021.