Published on 29 April 2024
THIRD SECTION
Application no. 38377/15
Mark Izrailevich GALPERIN and Vladimir Ivanovich IONOV
against Russia
and 9 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 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
38377/15*
06/07/2015
Mark Izrailevich GALPERIN
1968
Vladimir Ivanovich IONOV
1939
Nikolay Sergeyevich Zboroshenko
Moscow
Manifestation in support of Charlie Hebdo (Mr Galperin)
Moscow
10/01/2015
Manifestation in support of Charlie Hebdo (Mr Ionov)
Moscow
10/01/2015
Manifestation in support of political prisoners (Mr Galperin)
Moscow
21/03/2015
Manifestation in support of political prisoners (Mr Ionov)
Moscow
21/03/2015
article 20.2 § 2 of CAO
article 20.2 § 2 of CAO
article 20.2 § 8 of CAO
article 20.2 § 8 of CAO
detention of 8 days
fine of RUB 20,000
fine of RUB 250,000
fine of RUB 150,000
Moscow City Court
27/01/2015
Moscow City Court
26/03/2015
Moscow City Court
14/08/2015
Moscow City Court
24/07/2015
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, 27/01/2015, 26/03/2015, 14/08/2015 and 24/07/2015,
Art. 5 (1) - unlawful detention - arrest and detention from 4.15 p.m. on 21/03/2015 to 1 p.m. on 23/03/2015 for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - No opportunity to interrogate the police officers on whose written statements the conviction was based; final decisions: Moscow City Court, 14/08/2015 and 24/07/2015
45920/15*
26/08/2015
Mark Izrailevich GALPERIN
1968
Vladimir Ivanovich IONOV
1939
Nikolay Sergeyevich Zboroshenko
Moscow
Manifestation in support of political prisoners (Mr Galperin)
Moscow
06/08/2014
Manifestation in support of political prisoners (Mr Ionov)
Moscow
06/08/2014
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
fine of RUB 15,000
fine of RUB 15,000
Moscow City Court
18/03/2015
Moscow City Court
26/03/2015
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, 18/03/2015 and 26/03/2015,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - No opportunity to interrogate police officers on whose written statements the conviction was based; final decisions: Moscow City Court, 18/03/2015 and 26/03/2015
45925/15*
01/09/2015
Mark Izrailevich GALPERIN
1968
Irina Leonidovna KALMYKOVA
1960
Nikolay Sergeyevich Zboroshenko
Moscow
Manifestation in support of political prisoners (Mr Galperin)
Moscow
06/11/2014
Manifestation in support of political prisoners (Ms Kalmykova)
Moscow
06/11/2014
Manifestation in support of political prisoners (Ms Kalmykova)
Moscow
06/05/2015
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
article 20.2 § 8 of CAO
fine of RUB 20,000
fine of RUB 20,000
detention of 6 days, cancelled on appeal, released on 08/05/2015
Moscow City Court
18/03/2015
Moscow City Court
08/06/2015
Moscow City Court
08/05/2015
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, 18/03/2015, 08/05/2015 and 08/06/2015,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - no opportunity to question the police officers on whose statements the applicant’s conviction was based, final decision: Moscow City Court, 18/03/015, 08/05/2015 and 08/06/2015,
Art. 5 (1) - unlawful detention - escorting to the police station and detention from 7.15 p.m. on 06/05/2015 to 0.30 a.m. on 07/05/2015 (Mr Galperin).
Escorting to the police station and detention from 7 p.m. on 06/05/2015 to 07/05/2015 until court hearing (Ms Kalmykova)
49760/15*
05/09/2015
Vladimir Ivanovich IONOV
1939
Nikolay Sergeyevich Zboroshenko
Moscow
Manifestation in support of political prisoners
Moscow
09/06/2014
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
26/03/2015
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, 26/03/2015
55234/15*
17/10/2015
Yelena Georgiyevna ZAKHAROVA
1949
Irina Leonidovna KALMYKOVA
1960
Nikolay Sergeyevich Zboroshenko
Moscow
Manifestation in support of Navalnyy (Ms Zakharova)
Moscow
15/01/2015
Manifestation in support of Navalnyy (Ms Kalmykova)
Moscow
15/01/2015
Meeting in the memory of Nemtsov (Ms Zakharova)
Moscow
19/04/2015
Meeting in the memory of Nemtsov (Ms Kalmykova)
Moscow
19/04/2015
Meeting in support of small business (Ms Zakharova)
Moscow
26/05/2015
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
article 20.2 § 8 of CAO
article 20.2 § 8 of CAO, article 19.3 § 1 of CAO
article 20.2 § 5 of CAO
fine of RUB 15,000
fine of RUB 20,000
fine of RUB 150,000
fine of RUB 150,000
fine of RUB 20,000
Moscow City Court
04/08/2015
Moscow City Court
08/06/2015
Moscow City Court
24/07/2015
Moscow City Court
12/11/2015
Moscow City Court
26/08/2015
Art. 5 (1) - unlawful detention - arrest and detention on 15/01/2015 for the sole purpose of drawing up an administrative offence record, raised on appeal on 08/062015 and 04/08/2015 (application form of 17/10/2015 - both applicants);
arrest and detention on 26/05/2015 for the sole purpose of drawing up an administrative offence record, raised on appeal on 26/08/2015 (application form of 26/05/2015, Ms Zakharova);
arrest and detention on 19/04/2015 for the sole purpose of drawing up an administrative offence record, raised on appeal on 24/07/2015 and 12/11/2015 (application form of 31/12/2015 – both applicants),
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, 08/06/2015, 24/07/2015, 04/08/2015, 26/08/2015 and 12/11/2015,
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, final decisions: Moscow City Court, 08/06/2015, 24/07/2015, 04/08/2015, 26/08/2015 and 12/11/2015
25139/16*
16/04/2016
Yelena Georgiyevna ZAKHAROVA
1949
Alla Igorevna FROLOVA
1965
Nikolay Sergeyevich Zboroshenko
Moscow
Manifestation in support of Savchenko
Moscow
13/11/2015
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
18/12/2015
Art. 5 (1) - unlawful detention - arrest and detention on 13/11/2015 for the sole purpose of drawing up an administrative offence record, raised on appeal,
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, 18/12/2015,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - No opportunity to interrogate police officers on whose statements the conviction was based
10336/17*
24/09/2016
Mark Izrailevich GALPERIN
1968
Nikolay Sergeyevich Zboroshenko
Moscow
Manifestation against the existing political regime
Moscow
09/01/2016
article 20.2 § 8 of CAO
fine of RUB 300,000
Moscow City Court
22/04/2016
Art. 5 (1) - unlawful detention - arrest and detention on 09/01/2016 for the sole purpose of drawing up an administrative offence record, raised on appeal on 22/04/2016 (raised in application on 24/09/2016);
arrest and detention on 08/12/2016 for the sole purpose of drawing up an administrative offence record (raised in application on 08/06/2017);
arrest and detention from 14/01/2017 to 16/01/2017 for the sole purpose of drawing up an administrative offence record (raised in application on 24/06/2017);
no written record of administrative arrest on 07/02/2017 and 09/02/2017 (raised on 05/07/2017),
Art. 3 - inadequate conditions of detention during transport - transport on 14/01/2017 and 16/01/2017, 0.3 sq. m, no access to toilet, food, water,
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, 22/04/2016, 20/09/2016 (as regards proceedings relating to disorderly conduct (fight with a passer-by on 15/09/2016) and 23/03/2017 (as regards disobedience to lawful order on 07/02/2017 when the applicant refused to open the door to police officers who wanted to search the apartment (on unspecified case),
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - No opportunity to interrogate the police officers on whose statements the conviction was based; final decision: Moscow City Court, 22/04/2016, 20/09/2016 and 23/03/2017
20784/17*
12/09/2016
Mark Izrailevich GALPERIN
1968
Yelena Georgiyevna ZAKHAROVA
1949
Nikolay Sergeyevich Zboroshenko
Moscow
Manifestation against the existing political regime (Mr Galperin)
Moscow
05/09/2015
Manifestation against the existing political regime
Moscow
05/09/2015
article 20.2 § 8 of CAO
article 20.2 § 8 of CAO
fine of RUB 200,000
fine of RUB 200,000
Moscow City Court
16/03/2016
Moscow City Court
30/03/2016
Art. 5 (1) - unlawful detention - arrest and detention on 05/09/2015 (Ms Zakharova) and from 05/09/2015 to 07/09/2015 (Mr Galperin) for the sole purpose of drawing up an administrative offence record, raised on appeal,
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, 16/03/2016 and 30/03/2016,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - No opportunity to interrogate the police officers on whose written statements the conviction was based
20788/17*
12/09/2016
Irina Leonidovna KALMYKOVA
1960
Nikolay Sergeyevich Zboroshenko
Moscow
Manifestation in support of political prisoners
Moscow
06/09/2015
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
30/03/2016
Art. 5 (1) - unlawful detention - arrest and detention on 06/09/2015 for the sole purpose of drawing up an administrative offence record, raised on appeal,
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, 30/03/2016,
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
79026/17*
09/11/2017
Yuriy Vitalyevich KUCHIN
1967
Konstantin Ilyich Terekhov
Moscow
Meeting against President Medvedev
Vladivostok
23/03/2017
Manifestation against the existing regime
Vladivostok
01/07/2017
article 20.2 § 2 of CAO
article 20.2 § 8 of CAO
RUB 20,000
100 hours of community service
Primorye Regional Court
15/05/2017
Primorye Regional Court
25/08/2017
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decisions: Primorye Regional Court, 10/05/2017, 15/05/2017, 02/08/2017 and 25/08/2017,
Art. 10 (1) - conviction for making calls to participate in public events - administrative conviction under article 20.2 para. 2 of CAO for making calls in Facebook to participate in an unauthorised manifestation on 12/06/2017 in Vladivostok, final decision: Primorye Regional Court, 02/08/2017, fine of RUB 20,000,
Art. 11 (1) - restrictions on location, time or manner of conduct of public events - administrative conviction for not complaining with restrictions on manifestations, under article 20.2 § 1 of CAO, 26/03/2017, Vladivostok, Primorye Regional Court, 10/05/2017, fine of RUB 20,000