Published on 29 April 2024
THIRD SECTION
Application no. 48841/14
Artem Talgatovich FAYZULIN against Russia
and 13 other applications
(see table appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 4 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 5 § 1 of the Convention relating to unlawful detention (deprivation of liberty) which are the subject of well-established case law of the Court (see Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, 26 June 2018, Rozhkov v. Russia (no. 2), no. 38898/04, §§ 91-96, 31 January 2017, Butkevich v. Russia, no. 5865/07, § 67, 13 February 2018, Kuptsov and Kuptsova v. Russia, no. 6110/03, § 81, 3 March 2011 and Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018).
APPENDIX – STATEMENT OF FACTS
List of applications raising complaints under Article 5 § 1 of the Convention
(unlawful detention (deprivation of liberty))
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Start date of unauthorised detention
End date of unauthorised detention
Specific defects
Other complaints under well-established case-law
48841/14*
02/07/2014
Artem Talgatovich FAYZULIN
1976
Damir Ravilevich Gaynutdinov
Sofia, Bulgaria
23/01/2021, 3.44 p.m.
25/01/2021,
until the court hearing
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 and to establish the suspect’s identity; detention as an administrative suspect: no evidence/assessment of “exceptional circumstances”
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Perm Regional Court, 27/01/2021,
Art. 10 (1) - Freedom of expression - In 2013 the applicant posted to a Facebook forum a call to terminate criminal proceedings against a Russian opposition leader, Mr Navalnyy; he was dismissed for an act discrediting a police officer; final decision: Perm Regional Court, 13/01/2014 (see Kudeshkina v. Russia, no. 29492/05, §§ 53-102, 26 February 2009),
Art. 11 (1) - various restrictions on the right to freedom of peaceful assembly - administrative conviction under article 20.2 § 2 of the CAO for participating in an unauthorised manifestation in support of Navalnyy on 23/01/2021 in Perm; final decision: Perm Regional Court, 27/01/2021, sentence to detention of 5 days,
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
7472/17*
09/01/2017
Olga Kirillovna PANINA
1987
Nikolay Sergeyevich Zboroshenko
Moscow
01/05/2016
01/05/2016,
raised on appeal
Applicant taken to the police station as an administrative suspect for the purposes of compiling an offence record: no written record of the administrative escort; 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 and to establish the suspect’s identity, detention as an administrative suspect: no evidence/assessment of “exceptional circumstances”, detention as an administrative suspect: no written record of the administrative arrest
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings – Final decision: Moscow City Court, 08/09/2016,
Art. 6 (1) - Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the witnesses on whose written statements the conviction was based,
Art. 11 (1) - various restrictions on the right to freedom of peaceful assembly - administrative conviction under article 20.2 § 5 of the CAO for participation in Labour Day Rally on 01/05/2016 in Moscow; final decision: Moscow City Court, 08/09/2016, fine of RUB 10,000
21478/17*
10/02/2017
Sasha Maymi KRIKKERIK
1991
Aasta Igorevna KUNTS
1997
Tatyana Sergeyevna Glushkova
Moscow
01/05/2016
01/05/2016,
raised on appeal
Applicant taken to the police station as an administrative suspect for the purposes of compiling an offence record: no written record of the administrative escort; 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 and to establish the suspect’s identity; detention as an administrative suspect: no evidence/assessment of “exceptional circumstances”
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 10/08/2016,
Art. 6 (1) - Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the witnesses on whose written statements the conviction was based,
Art. 11 (1) - various restrictions on the right to freedom of peaceful assembly - administrative conviction under article 20.2 § 5 of the CAO for participation in Labour Day Rally on 01/05/2016 in Moscow; final decision: Moscow City Court, 10/08/2016, fine of RUB 10,000
59725/17*
10/06/2017
Yelena Georgiyevna ZAKHAROVA
1949
Mikhail Aleksandrovich KRIGER
1960
Natalya Yevgenyevna NETISHINSKAYA
1962
Yuliya Vladimirovna USPENSKAYA
1981
Nikolay Sergeyevich Zboroshenko
Moscow
12/12/2016
12/12/2016
Applicants taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity; detention as an administrative suspect: no evidence/assessment of “exceptional circumstances”
83649/17*
17/11/2017
Ildar Ildusovich DADIN
1982
Viktor Viktorovich DAVYDOV
1956
Andrey Aleksandrovich GALKIN
1995
Mark Izrailevich GALPERIN
1968
Yuliya Vladimirovna USPENSKAYA
1981
Nikolay Sergeyevich Zboroshenko
Moscow
12/06/2017, 2.30 p.m.
12/06/2017,
2 p.m.
12/06/2017,
4 p.m.
12/06/2017,
4 p.m.
05/07/2017
12/06/2017, 9.30 p.m. (Mr Galkin), raised on appeal
13/07/2017, 2 p.m. (Mr Galperin), raised on appeal
12/06/2017, 10.30 p.m. (Mr Davydov)
14/06/2017 (Mr Dadin)
06/07/2017 (Mr Dadin, application of 21/11/2017, solo picket), raised on appeal
Applicants taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity; detention as an administrative suspect: no evidence/assessment of “exceptional circumstances”
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decisions: Moscow City Court, 15/06/2017, 26/07/2017 and 26/10/2017 (Mr Galkin, Mr Galperin and Mr Dadin (solo picket)),
Art. 6 (1) - Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - Inability to cross-examine in open court police officers on whose written statements the applicant’s conviction was based, final decisions: Moscow City Court, 15/06/2017, 26/07/2017 and 26/10/2017 (Mr Galkin, Mr Galperin and Mr Dadin (solo picket)),
Art. 10 (1) - disproportionate measures against solo demonstrators - administrative conviction under article 20.2 § 5 of the CAO for a solo picket in support of Mr Gorskiy, civil activist, on 05/07/2017, final decision: Moscow City Court, 26/07/2017, fine of RUB 20,000 (Mr Dadin),
Art. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - IK-7 Karelia Republic, 10/09/2016 - 26/02/2017 (Mr Dadin),
Art. 11 (1) - various restrictions on the right to freedom of peaceful assembly - administrative conviction under article 20.2 § 6.1 of the CAO for participation in an anticorruption manifestation, Moscow, 12/06/2017, Moscow City Court, 26/10/2017, fine of RUB 20,000 (Mr Galkin)
administrative conviction under article 19.3 § 1 of the CAO for participation in an anticorruption manifestation, Moscow, 12/06/2017, Moscow City Court, 15/06/2017, detention of 15 days (Mr Galperin),
Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities (Mr Dadin),
Art. 3 - torture or inhuman or degrading treatment - solitary confinement on 11/09/2016 for 15 days, on 29/09/2016 for 15 days and 11/10/2016 for 15 days for minor violations of prison discipline such as refusal to go for a walk; final decision: Supreme Court of Russia, 02/11/2018 (application of 03/01/2019) (Mr Dadin)
15398/18*
23/03/2018
Andrey Yuryevich VOLOBUYEV
1992
Konstantin Ilyich Terekhov
Moscow
06/10/2017,
5 p.m.
01/10/2017,
until court hearing, raised on appeal
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 and to establish the suspect’s identity; detention as an administrative suspect: no evidence/assessment of “exceptional circumstances”
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Smolensk Regional Court, 12/10/2017,
Art. 10 (1) - conviction for making calls to participate in public events - administrative conviction under article 20.2 § 2 of the CAO for making calls to participate in an unauthorised manifestation in support of Navalnyy in Smolensk on 07/10/2017, published in Vkontakte; final decision: Smolensk Regional Court, 12/10/2017, detention of 8 days,
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
20370/18*
12/04/2018
Rostislav Sergeyevich CHEBOTAREV
1995
Kirill Akeksandrovich PLOTNIKOV
1991
Oleg Valeryevich YEKIMOV
1992
Memorial Human Rights Centre
Moscow
01/05/2017
01/05/2017,
raised on appeal
Applicants taken to the police station as an administrative suspect for the purposes of compiling an offence record: no written record of the administrative escort; 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 and to establish the suspect’s identity
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decisions: Moscow City Court, 12/10/2017 (Mr Plotnikov, 14/12/2017 (Mr Chebotarev), 12/01/2018 (Mr Yekimov),
Art. 6 (1) - Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the witnesses on whose written statements the conviction was based,
Art. 11 (1) - various restrictions on the right to freedom of peaceful assembly - administrative conviction under article 20.2 § 5 of the CAO for participation in the Communist Party Rally on 01/05/2017 in Moscow; final decisions: Moscow City Court, 12/10/2017 (Mr Plotnikov), 14/12/2017 (Mr Chebotarev), 12/01/2018 (Mr Yekimov), fine of RUB 15,000 each
20391/18*
18/04/2018
Mariya Yuryevna KATKOVA
1993
26/08/2017
02/02/2021
26/08/2017
03/02/2021
Applicant taken to the police station as an administrative suspect for the purposes of compiling an offence record: no written record of the administrative escort; 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 and to establish the suspect’s identity; detention as an administrative suspect: the applicant remained in detention after the offence record had been compiled
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decisions: Moscow City Court, 30/10/2017 and 21/05/2021,
Art. 6 (1) - Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the witnesses on whose written statements the conviction was based,
Art. 11 (1) - various restrictions on the right to freedom of peaceful assembly - administrative conviction under article 20.2 § 5 of the CAO for participation in
1) Free Internet Rally on 26/08/2017 in Moscow; final decision: Moscow City Court, 30/10/2017, fine of RUB 10,000,
2) Free Navalny Rally on 02/02/2021 in Moscow; final decision: Moscow City Court, 21/05/2021, fine of RUB 15,000
1277/20*
10/12/2019
Aleksandr Olegovich ARCHAGOV
1987
Dmitriy Igorevich Zakhvatov
Moscow
12/06/2019,
2 p.m.
24/07/2019,
9 a.m.
14/06/2019
24/07/2019, 2 p.m., raised on appeal on 01/08/2019
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 and to establish the suspect’s identity; detention as an administrative suspect: no evidence/assessment of “exceptional circumstances”
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 01/08/2019,
Art. 6 (1) - 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, final decision: Moscow City Court, 01/08/2019,
Art. 10 (1) - conviction for making calls to participate in public events - administrative conviction under article 20.2 § 2 of the CAO for making calls in Facebook to participate in an unauthorised manifestation on 19/07/2019 in Moscow; final decision: Moscow City Court, 01/08/2019, detention of 9 day
9109/20*
01/02/2020
Anton Aleksandrovich MUKHATAYEV
1989
Natalya Andreyevna Balog
Krasnoyarsk
27/07/2019
29/07/2019,
raised on appeal
Detention as an administrative suspect: beyond the 48-hour statutory period (Art. 27.5(3)-(4) and Art. 29.6(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others,
§§ 121-22, 10 April 2018)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 02/08/2019,
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
20423/21*
16/03/2021
Dmitriy Sergeyevich PAPARETSKIY
1989
Mikhail Viktorovich Krasilnikov
Moscow
15/07/2020,
8 p.m.
16/07/2020, 2.30 a.m., raised on appeal
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 and to establish the suspect’s identity, detention as an administrative suspect: beyond the three-hour statutory period
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 18/11/2020,
Art. 6 (1) - 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 conviction was based
21116/21*
23/04/2021
Irina Stepanovna NORMAN
1993
Yuliya Fedotova
Yekaterinburg
31/01/2021, 2.50 p.m.
21/04/2021, 11.55 p.m.
01/02/2021, 10.40 a.m.
22/04/2021,
4 p.m.
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 and to establish the suspect’s identity, detention as an administrative suspect: the applicant remained in detention after the offence record had been compiled
Art. 10 (1) - conviction for making calls to participate in public events
1) rally to support A. Navalnyy on 31/01/2021 in Yekaterinburg, article 20.2 § 2 of CAO, final decision: Sverdlovsk Regional Court, 02/02/2021; detention of 10 days
2) rally to support A. Navalnyy on 21/04/2021 in Yekaterinburg, article 20.2 § 8 of CAO, final decision: Sverdlovsk Regional Court, 28/04/2021, detention of 30 days,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings in both sets of proceedings - Final decisions: Sverdlovsk Regional Court, 02/02/2021 and 28/04/2021
55776/21*
05/11/2021
Vladimir Mikhaylovich GOSTEV
1990
Ivan Yuryevich Zhdanov
Vilnius
23/01/2021, 1.30 p.m.
23/01/2021,
8 p.m.,
raised on appeal
Detention as an administrative suspect: no evidence/assessment of “exceptional circumstances”, 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 and to establish the suspect’s identity
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Oktyabrskiy District Court of St Petersburg, 13/05/2021, fine of RUB 4,000,
Art. 6 (1) - 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
2690/24
29/12/2023
Radiy Vladimirovich IVANOV
1980
Vladimir Sergeyevich Nemanov
Moscow
12/09/2022
12/09/2022
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 and to establish the suspect’s identity, detention as an administrative suspect: no evidence/assessment of “exceptional circumstances”
Art. 11 (1) - various restrictions on the right to freedom of peaceful assembly - the applicant was arrested during the war protest on 12/09/2022; final decision: Moscow City Court, 29/08/2023, article 20.2 § 5 of the CAO, fine of RUB 15,000