Published on 5 February 2024
FIRST SECTION
Application no. 48955/20
Konstantin Petrovich FOKIN against Russia
and 2 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 10 § 1 of the Convention relating to disproportionate measures against solo demonstrators which are the subject of well-established case law of the Court (see Novikova and Others v. Russia, nos. 25501/07 and 4 others, 26 April 2016 and Lashmankin and Others v. Russia, nos. 57818/09 and 14 others, 7 February 2017).
APPENDIX – STATEMENT OF FACTS
List of applications raising complaints under Article 10 § 1 of the Convention
(disproportionate measures against solo demonstrators)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Location
Date
Purpose of the demonstration
Administrative charges
Penalty
Final domestic decision
Date
Name of the court
Other relevant information
Other complaints under well-established case-law
48955/20
22/10/2020
Konstantin Petrovich FOKIN
1969
Aleksandra Gennadyevna Chilikova
Moscow
(i) Moscow, 26/12/2019,
Protest against the authorities’ inaction on climate change
(ii) Moscow, 17/02/2020,
Protest against abusive criminal prosecution in the "Network" case (the applicant chained himself to the entrance of the FSB building)
(iii) Moscow, 01/06/2020, Support of I. Azar
(iv) Moscow, 11/12/2020, Raising ecological issues
(i), article 19.3 § 1 of CAO, administrative detention of 15 days
(ii) article 20.2-6.1 of the CAO, administrative detention of 3 days
(iii) article 19.3 § 1 of CAO, administrative detention of 5 days
(iv), article 20.2 § 8 of CAO, administrative detention of 10 days
(i) 27/02/2020, Moscow City Court
(ii) 20/02/2020, Moscow City Court
(iii) 04/06/2020, Moscow City Court
(iv) 21/04/2021, Moscow City Court
ban on public events at certain locations - Red Square, Moscow (11/12/2020)
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention:
(i) from 3.05 p.m. to 8 p.m. on 26/12/2019 for the sole purpose of drawing up a record of administrative offence (such record was compiled on 18/02/2020);
(ii) from 1.55 p.m. on 19/01/2020 to 5 p.m. on 20/01/2020 as administrative suspect, pending trial, and after the offence record was compiled;
(iii) from 2.10 p.m. on 17/02/2020 to 5 p.m. on 18/02/2020 as administrative suspect, pending trial, and after the offence record was compiled;
(iv) from 1.50 p.m. on 01/06/2020 to 5.30 p.m. on 02/06/2020 as administrative suspect, pending trial, and after the offence record was compiled;
(v) from 5.05 p.m. to 10 p.m. on 11/12/2020 for the sole purpose of drawing up a record of administrative offence (such record only compiled on 23/12/2020);
(vi) from 2.40 p.m. on 27/12/2020 to 10.30 a.m. on 29/12/2020 as administrative suspect, pending trial, and after the offence record was compiled;
(vii) from 7 p.m. on 23/01/2021 to 2 p.m. on 25/01/2021 as administrative suspect, pending trial, and after the offence record was compiled,
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 except for the 3rd set (final judgment of 20/02/2020),
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 open court police officers on whose written statements the applicant’s conviction was based (all sets of proceedings, except for the fourth one, final judgment of 04/06/2020), as well as defence witnesses (second set of proceedings, final judgment of 22/01/2020), and refusal to admit evidence adduced by the defence (photo, video footage - seventh set of proceedings, final judgment of 29/01/2021),
Art. 10 (1) - various restrictions on the right to freedom of expression - Moscow, Rally in memory of S. Markelov and A. Baburova, 19/01/2020 - arrest, conviction under article 19.3 § 1 of CAO, administrative detention of 5 days on account of the use of an anti-Putin poster not corresponding to the subject matter of the authorised rally; final judgment of 22/01/2020, Moscow City Court;
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies –
(i) Moscow, 27/12/2020, opposition event - arrest, conviction under article 20.2 § 8 of CAO, administrative detention of 10 days, final judgment of 30/12/2020, Moscow City Court,
(ii) Moscow, 23/01/2021, Rally in support of A. Navalnyy - arrest, conviction under article 20.2 § 8 of CAO, administrative detention of 28 days, final judgment of 29/01/2021, Moscow City Court,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentences of administrative detention imposed on the applicant on the following dates were each time executed immediately, for the lack of a suspensive effect of an appeal under the CAO:
(i) 20/02/2020 (1st set of proceedings, in respect of the rally of 26/12/2019),
(ii) 22/01/2020 (2nd set of proceedings, in respect of the event of 19/01/2020),
(iii) 29/12/2020 (5th set of proceedings, in respect of the event of 27/12/2020),
(iv) 20/04/2021 (6th set of proceedings, in respect of the event of 11/12/2020),
(v) 25/01/2021 (7th set of proceedings, in respect of the event of 23/01/2021)
32171/21*
11/06/2021
Konstantin Petrovich FOKIN
1969
Memorial Human Rights Centre
Moscow
Moscow, 30/09/2020,
Protest against felling of street trees in I. Franko street in Moscow
Moscow, 16/04/2021, Raising ecological issues
article 19.3 § 1 of CAO,
fine of
RUB 1000,
(ii), article 20.2 § 8 of CAO, administrative detention of 8 days
20/01/2021, Moscow City Court
30/04/2021, Moscow City Court
ban on public events at certain locations - Red Square, Moscow (16/04/2021)
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention:
(i) from 11.30 a.m. on 30/09/2020 to noon on 01/10/2020 as administrative suspect, pending trial and after the offence report had been compiled;
(ii) from 4.05 p.m. to 6 p.m. on 16/04/2021 for the sole purpose of drawing an offence record (such record was drawn up on 27/04/2021);
(iii) from 1 p.m. to 6 p.m. on 20/11/2020 for the sole purpose of drawing up an offence record,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - three sets of 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 open court police officers on whose written statements the applicant’s conviction was based -three sets of proceedings,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 28/04/2021 (second set of proceedings, event of 16/04/2021) was executed immediately, for the lack of a suspensive effect of an appeal under the CAO,
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - Moscow, 20/11/2020, Protest against felling of street trees in Shushenskaya street in Moscow (the applicant and another person chained themselves to concrete slabs in front of the entrance to a construction site) - arrest, conviction under article 20.2 § 8 of CAO, fine of RUB 200,000, final judgment of 22/04/2021, Moscow City Court
7546/22
25/01/2022
Konstantin Petrovich FOKIN
1969
Memorial Human Rights Centre
Moscow
(i) Moscow, 15/11/2021, Support of International Memorial and Memorial Human Rights Centre
(ii) Moscow, 14/02/2022,
Protest against felling of trees in New Moscow
(iii) Moscow, 07/03/2022,
Anti-war protest
(i) article 19.3 § 1 of CAO, administrative detention of 7 days,
(ii) article 19.3 § 1 of CAO, administrative detention of 9 days,
(iii) article 19.3 § 1 of CAO, administrative detention of 15 days
(i) 18/11/2021, Moscow City Court
(ii) 11/03/2022, Moscow City Court
(iii) 11/03/2022, Moscow City Court
ban on public events at certain locations- Red Square (15/11/2021)
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention as administrative suspect, pending trial and after the offence record had been complied:
(i) from noon on 15/11/2021 to 16/11/2021;
(ii) from 0.30 a.m. on 14/02/2022 to 10 a.m. on 15/02/2022;
(iii) from 1.30 p.m. on 07/03/2022 to 4 p.m. on 09/03/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - three sets of 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 open court police officers on whose written statements the conviction was based - three sets of proceedings,
Prot. 7 Art. 2 - Right of appeal against criminal conviction/sentence - the sentence of administrative detention imposed on the applicant in each of the three sets of proceedings (on 16/11/2021, 15/02/2022 and 09/03/2022 respectively) was executed immediately, for the lack of a suspensive effect under the CAO