Published on 5 February 2024
FOURTH SECTION
Application no. 32406/21
Dmitriy Nikolayevich GALKIN against Russia
and 17 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 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
32406/21*
09/06/2021
Dmitriy Nikolayevich GALKIN
1987
Andrey Yevgenyevich Shchukin
Nizhniy Tagil
Rally “Free Navalnyy”
Yekaterinburg
31/01/2021
article 20.2 § 5 of CAO
30 hours of community service
Sverdlovsk Regional Court
25/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.05 p.m. until 7.15 p.m. on 31/01/2021,
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 open court the police officers on whose written statements his conviction was based
34085/21*
06/06/2021
Sergey Igorevich GULYAYEV
1994
Dmitriy Vladimirovich Zubarev
Vladivostok
Rally “Free Navalnyy”
Vladivostok
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Primorsk Regional Court
06/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.40 p.m. until 7 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 open court the police officers on whose written statements his conviction was based.
36386/21*
30/06/2021
Dmitriy Nikolayevich KOSTIKOV
1991
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Kursk
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Kursk Regional Court
29/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for the sole purpose of drawing a record of administrative offence from 3.15 p.m. until 7.40 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;
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 officer on whose written statements the applicant’s conviction was based
38360/21*
02/07/2021
Artem Rinatovich MINGAZIROV
1998
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
22/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 7 p.m. on 31/01/2021 until 00.30 a.m. on 01/02/2021,
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 open court the police officers on whose written statements his conviction was based.
39333/21*
22/07/2021
Eldar Kurbanovich ALIYEV
1970
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
detention for 7 days
Moscow City Court
14/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station before and after compiling an offence report from 11.30 p.m. on 02/02/2021 until 4 p.m. on 03/02/2021,
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 open court the police officers on whose written statements his conviction was based,
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.
1890/22*
21/12/2021
Denis Vladimirovich STEPANOV
1999
Roman Yevgenyevich Kachanov
Yekaterinburg
Rally "Free Navalnyy"
Yekaterinburg
31/01/2021
article 20.2 § 5 of CAO
20 hours of community work
Sverdlovsk Regional Court
22/06/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
2686/22*
09/12/2021
Aleksandra Anatolyevna NOVIKOVA
1985
Ernest Aleksandrovich Mezak
Saint-Barthélemy-d’Anjou
Rally "Free Navalnyy"
Petropavlovsk-Kamchatskiy
23/01/2021
article 20.2 § 2 of CAO
fine of RUB 20,000
Kamchatka Regional Court
09/06/2021
3415/22
23/12/2021
Sergey Vitalyevich KUBAK
1999
Oleg Vladimirovich Filatchev
Moscow
Rally "Free Navalnyy"
Kaluga
21/04/2021
article 20.2 § 2 of CAO
fine of RUB 15,000
Kaluga Regional Court
25/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 7.55 p.m. until 11.55 p.m. on 21/04/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
3632/22*
24/12/2021
Denis Andreyevich POZDIN
1990
Ilya Igorevich Bogdashkin
Yekaterinburg
Rally "Free Navalnyy"
Yekaterinburg
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Sverdlovsk Regional Court
16/09/2021
Art. 5 (1) - unlawful detention - detention at the police station without compiling an offence report 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
3808/22*
22/12/2021
Sergey Nikolayevich POLOVOY
1974
Oksana Anatolyevna Vladyka
Arkhangelsk
Rally "Free Navalnyy"
Arkhangelsk
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Arkhangelsk Regional Court
16/07/2021
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.
3967/22*
27/12/2021
Kirill Aleksandrovich KIRSANOV
1972
Oksana Gennadyevna Olgerdt
Moscow
Rally "Free Navalnyy"
Moscow
03/02/2021
article 20.2 § 6.1 of CAO
detention for 10 days
Moscow City Court
28/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 01.10 p.m. until 11.30 p.m. on 03/02/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4259/22
30/12/2021
Pavel Vladimirovich MEDVEDEV
1984
Mariya Valeryevna Chashchilova
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
15/07/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.05 p.m. until 8.20 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.
4344/22*
30/12/2021
Danila Viktorovich KORABLIN
1981
Aleksandra Nikolayevna Bayeva
Moscow
Rally "Free Navalnyy"
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
29/07/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4592/22
24/12/2021
Yelena Viktorovna LINNIK
1994
Aleksandr Sergeyevich Lokhmutov
Moscow
Rally "Municipal Russia" organised by Open Russia Civic Movement
Moscow
13/03/2021
article 20.33 of CAO
fine of RUB 15,000
Izmaylovskiy District Court of Moscow
29/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 10.30 a.m. until 3 p.m. on 13/03/2021
5183/22*
31/12/2021
Yuliya Yevgenyevna SHEVELEVA
1992
Andrey Yevgenyevcich Shchukin
Nizhniy Tagil
Rally "Free Navalnyy"
Yekaterinburg
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Sverdlovsk Regional Court
08/12/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 8 (2) - restrictions on the right to private life of participants in public assemblies - use of facial recognition technology for the identification of the applicant as a participant of a rally and her subsequent conviction (raised on appeal).
34223/22*
23/06/2022
Pavel Vyacheslavovich KARULIN
1996
Konstantin Aleksandrovich Markin
Velikiy Novgorod
Anti-war protest
Velikiy Novgorod
06/03/2022
article 20.2 § 2 of CAO
20 hours of community service
Novgorod Regional Court
01/04/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station before and after compiling an offence report from 2.20 p.m. on 06/03/2022 until court hearing at 11.40 a.m. on 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 open court the police officers on whose written statements his conviction was based
39877/22
29/07/2022
Aleksey Alekseyevich FILATOV
1981
Luiza Magomedovna Magomedova
St Petersburg
Anti-war protest
St Petersburg
27/02/2022
article 20.2 § 2 of CAO
detention for 5 days
St Petersburg City Court
26/04/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station before and after compiling an offence report from 8.40 p.m. on 27/02/2022 until 08.34 a.m. on 28/02/2022,
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 open court the police officers on whose written statements his conviction was based,
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.
50658/22
24/09/2022
Aleksandr Vladimirovich BLAZHIYEVSKIY
1982
Ruslan Vladimirovich Sozonov
Nizhniy Novgorod
Anti-war protest
Nizhniy Novgorod
24/02/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
25/05/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station before and after compiling an offence report from 7.40 p.m. on 24/02/2022 until 12.40 p.m. on 26/02/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings