Published on 24 April 2023
SECOND SECTION
Application no. 368/18
Yelena Nikolayevna GAVRILINA against Russia
and 20 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 30 March 2023, 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
368/18
16/12/2017
Yelena Nikolayevna GAVRILINA
1963
Lawyers of former Memorial Human Rights Centre
Moscow
Protest against the authorities’ failure to perform their obligations towards the applicant’s disabled son, 23/12/2016, Moscow
article 20.2 § 5 of CAO, administrative fine of RUB 10,000
16/06/2017,
Moscow City Court
Art. 5 (1) - unlawful deprivation of liberty- arrest and detention between 5.30 p.m. and 7 p.m. on 23/12/2016 for the sole purpose of drawing up a record of administrative offence: no evidence/ assessment that it was impracticable, on the spot, to compile the offence record and to achieve the goals set out in the CAO,
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 officers on whose written statements the applicant’s conviction was based, as well as a defence witness (an eyewitness of the demonstration)
22834/18*
08/05/2018
Aleksey Vyacheslavovich VARNAVIN
1981
Lawyers of former Memorial Human Rights Centre
Moscow
Protest of a defrauded owner of a flat in an unfinished building, 24/10/2017, Moscow
article 20.2 § 5 of CAO, administrative fine of RUB 10,000
30/03/2018, Moscow City Court
Art. 5 (1) - unlawful deprivation of liberty- arrest and detention on 24/10/2017 for the sole purpose of drawing up a record of administrative offence: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and achieve the objectives set out in the CAO,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
29938/18*
15/06/2018
Yelena Pavlovna APOKINA
1970
Ivan Yuryevich Zhdanov
Vilnius
Picket in support of A. Navalnyy, 07/10/2017, Bryansk
article 20.2 § 5 of CAO, administrative fine of RUB 15,000
15/12/2017, Bryansk Regional Court
distance requirement - event classified as assembly post facto
29984/18*
05/06/2018
Igor Anatolyevich ABDURAKHMANOV
1956
Ivan Yuryevich Zhdanov
Vilnius
Picket in support of A. Navalnyy, 07/10/2017, Bryansk
article 20.2 § 5 of CAO, administrative fine of RUB 15,000
15/12/2017, Bryansk Regional Court
distance requirement - event classified as assembly post facto
12176/19*
30/01/2019
Anastasiya Mikhaylovna GLUSHKOVA
1999
Aleksey Nikolayevich Laptev
Moscow
Protest against actions of L. Slutskiy - a member of the Parliament accused by journalists of sexual harassment, 03/04/2018, Moscow
article 20.2 § 5 of CAO, administrative fine of RUB 10,000
30/07/2018, Moscow City Court
distance requirement - event classified as assembly post facto
Art. 5 (1) - unlawful deprivation of liberty - arrest and detention at 6 p.m. on 03/04/2018 (release time not specified) for the sole purpose of drawing up a record of administrative offence: no evidence / assessment that it was impracticable, on the spot, to compile the offence record and to achieve the objectives set out in the CAO,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
43813/20*
10/09/2020
Yuliya Yevgenyevna PAVLIKOVA
1974
Oleg Aleksandrovich Yelanchik
Moscow
Support of political prisoners ("Novoye Velichiye" case), 07/12/2019, Moscow
article 20.2 § 5 of CAO, administrative fine of RUB 10,000
10/03/2020, Moscow City Court
ban on public events at certain locations: in the vicinity of the Moscow Kremlin, (Kremlevskaya Embankment)
Art. 5 (1) - unlawful deprivation of liberty - arrest and detention between 3.30 p.m. and 6.30 p.m. (according to the administrative arrest record), or 7.20 p.m. according to the applicant on 07/12/2019 for the sole purpose of drawing up a record of an administrative offence: no evidence / assessment that it was impracticable, on the spot, to compile the offence record and to achieve the objectives set out in the CAO,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
2680/21*
11/12/2020
Yevgeniy Igorevich SVAROVSKIY
1971
Picket against constitutional amendments, 29/05/2020,
Moscow
article 20.2 § 8 of CAO, administrative fine of RUB 200,000
28/08/2020, Moscow City Court
rotation - event classified as assembly post facto, distance requirement - event classified as assembly post facto
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 issue (see Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-50, 17 April 2018) - arrest, conviction for participation in a series of solo demonstrations held on a rotation basis on 29/05/2020 by no less than 25 participants, characterised as assembly post facto
13638/21
12/02/2021
Yuliya Leontyevna KREBS
1988
Aleksey Vladimirovich Bushmakov
Yekaterinburg
Support of S. Furgal, 08/08/2020, Yekaterinburg
article 20.2 § 5 of CAO, administrative fine of RUB 10,000
02/12/2020,
Sverdlovsk Regional Court
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
19464/21*
28/03/2021
Kirill Andreyevich SHISHKANOV
1984
Yelena Yuryevna Pershakova
Moscow
Protest against constitutional amendments, 18/06/2020, Moscow
article 20.6.1 § 1 of CAO, administrative fine of RUB 10,000
28/09/2020, Moscow City Court
conviction for a breach of the COVID-19 restrictions
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention between 5.30 p.m. and 9 p.m. (according to the applicant), or 8.25 p.m. (according to the administrative offence record) on 18/06/2020 for the sole purpose of drawing up a record of administrative offence: no evidence / assessment that it was impracticable, on the spot, to compile the offence record and to achieve the objectives set out in the CAO,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
22650/21*
02/04/2021
Aleksandr Emmanuilovich NAKHIMSON
1953
Nikolay Vladimirovich Vasilyev
Moscow
Support of arrested journalist I. Azar, 29/05/2020, Moscow
article 20.6.1 § 1 of CAO, administrative fine of RUB 10,000
02/10/2020,
Moscow City Court
COVID-19 restrictions on holding of public events
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
29077/21*
17/05/2021
Bazhena Dmitriyevna ZHAVORONKOVA
1989
Aleksey Vladimirovich Bushmakov
Yekaterinburg
Support of S. Furgal, 08/08/2020, Yekaterinburg
article 20.2 § 5 of CAO, administrative fine of RUB 10,000
01/12/2020, Sverdlovsk Regional Court
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
39362/21
20/07/2021
Ivan Aleksandrovich OSTAPCHUK
1993
Varvara Dmitriyevna Mikhaylova
St Petersburg
Support of arrested journalists I. Azar and V. Vorontsov,
01/06/2020,
St Petersburg
article 8.6.1 of the Administrative Offences Act of St Peterburg, administrative fine of RUB 4,000
21/01/2021,
St Petersburg City Court
conviction for a breach of the COVID-19 restrictions
Art. 5 (1) - unlawful deprivation of liberty - arrest and detention between 7 p.m. and at least 10.37 p.m. (as per the administrative offence record) on 01/06/2020, in excess of three hours, for the sole purpose of drawing up a record of administrative offence: no evidence / assessment that it was impracticable, on the spot, to compile the offence record and to achieve the objectives set out in the CAO,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
40136/21*
23/07/2021
Daniil Sergeyevich CHEBYKIN
1991
Vitaliy Viktorovich Cherkasov
St Petersburg
Support of A. Navalnyy, 08/11/2020, Omsk
article 20.2 § 5 of CAO, administrative fine of RUB 10,000
09/02/2021, Omsk Regional Court
rotation - event classified as assembly post facto
40679/21*
25/07/2021
Valeriy Sergeyevich SEMENISHCHEV
1974
Varvara Dmitriyevna Mikhaylova
St Petersburg
Picket to draw attention to environmental problems in Kirov, 17/11/2020, Kirov
article 20.2 § 2 of CAO, administrative fine of RUB 10,000
03/02/2021, Kirov Regional Court
rotation - event classified as assembly post facto
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
43482/21*
08/08/2021
Vladimir Vladimirovich SHULENIN
1997
Mansur Idrisovich Gilmanov
Podolsk
Protest against politics of President Putin, 07/10/2020, Moscow
(the applicant left several objects - swimming fins, two bottles of glue and a certificate of honour - at the entrance of the President Administration building, as a "birthday present" to Mr Putin, took pictures and left the venue)
article 20.2 § 5 of CAO, administrative fine of RUB 15,000
08/02/2021, Moscow City Court
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to the police station between noon and 3.40 p.m. on 13/10/2020 for the sole purpose of compiling the administrative offence record: no evidence/ assessment that it was impracticable, on the spot, to compile the offence record and to achieve the objectives set out in the CAO,
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 question the police officers on whose reports the conviction was based
43486/21*
08/08/2021
Nadezhda Valeryevna YEVGRAFOVA
1988
Mansur Idrisovich Gilmanov
Podolsk
Manifestation for transgender rights, protest against amendments into the Family Code of Russia, 18/07/2020,
Moscow
article 20.2 § 5 of CAO, administrative fine of RUB 17,000
08/02/2021,
Moscow City Court
rotation - event classified as assembly post facto
Art. 5 (1) - unlawful deprivation of liberty - Arrest, detention between 2.15 p.m. and 5.10 p.m. on 18/07/2020 as an administrative suspect "for a timely and correct examination of the case": no evidence/assessment that it was impossible to draw up an offence record on the spot and to achieve the goals set out in the CAO; the administrative offence record was compiled on 22/07/2020 only,
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 question the police officers on whose reports the conviction was based;
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 issue (see, mutatis mutandis, Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-51, 17 April 2018)- arrest, conviction for participation in a series of solo pickets on 18/07/2020 in a group of no less than 25 participants
18014/22*
11/03/2022
Galina Fedorovna TIKHENKO
1947
Protest against construction of a highway, 07/07/2021, Frunzenskoye settlement of the Volgograd Region
article 20.2 § 8 of CAO, administrative fine of RUB 150,000
16/09/2021, Volgograd Regional Court
distance requirement - event classified as assembly post facto
43410/22*
18/08/2022
Arina Vladimirovna POPOVA
1982
Ruslan Yuryevich Bannikov
Voronezh
Protest against the war in Ukraine, 06/03/2022, Voronezh
article 20.3.3 § 1 of CAO, administrative fine of RUB 30,000
07/06/2022, Voronezh Regional Court
conviction for discreditation of the Russian armed forces
Art. 5 (1) - unlawful deprivation of liberty- arrest, taking to a police station as an administrative suspect on (1) 24/02/2022 and (2) 06/03/2022: in either case, no evidence/assessment that it was impracticable, on the spot, to compile the offence record and achieve the objectives set out in the CAO,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings, leading to the judgments of 24/05/2022 and 07/06/2022,
Art. 6 (1) - unfair trial in administrative offence proceedings - inability to submit evidence in defence of the applicant’s version of events on an equal footing with the prosecution (see, mutatis mutandis, Navalnyy v. Russia [GC], nos. 29580/12 and 4 others, §§ 83‑84, 15 November 2018)- the courts’ refusal to admit as irrelevant the "specialist" report by an expert in linguistics, commissioned by the defence, on the issue whether the texts of the two placards held by the applicant on 06/03/2022 contained information discrediting the Russian armed forces (final judgment: 07/06/2022),
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - anti-war manifestation, 24/02/2020, Voronezh, arrest and conviction under article 20.2 § 5 of CAO, administrative fine of RUB 5,000, final judgment: Voronezh Regional Court, 24/05/2022
48314/22
23/09/2022
Nikita Alekseyevich MAMAYEV
2000
Aleksey Sergeyevich Lapuzin
Samara
Protest against the war in Ukraine, 06/03/2022, Samara
article 20.3.3. § 1 of CAO, administrative fine of RUB 40,000
26/05/2022, Samara Regional Court
conviction for discreditation of the Russian armed forces
Art. 5 (1) - unlawful deprivation of liberty – arrest, detention between 2 p.m. and 8 p.m. on 06/03/2020 as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and achieve the objectives set out in the CAO; detention 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
54433/22*
10/11/2022
Aleksey Petrovich NIKITIN
1991
Protest against patriotic propaganda, 24/03/2022, Moscow
article 20.6.1 § 1 of CAO, administrative fine of RUB 15,000
11/07/2022, Moscow City Court
COVID-19 restrictions on public events
Art. 5 (1) - unlawful deprivation of liberty- arrest, taking to a police station on 24/03/2022 as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and achieve the objectives set out in the CAO,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
2650/23*
29/12/2022
Anastasiya Aleksandrovna TIKHONOVA
1988
Darya Dmitriyevna Aksenova
Kolomna
Protest against the war in Ukraine, 08/05/2022, Moscow
article 20.3.3 § 1 of CAO, administrative fine of RUB 50,000
08/09/2022, Moscow City Court
conviction of discreditation of the Russian army
Art. 5 (1) - unlawful deprivation of liberty - arrest, transfer to the police station, detention on 08/05/2022 for the sole purpose of compiling of an administrative arrest record: no evidence / assessment that it was impracticable, on the spot, to compile the offence record and to achieve the objectives set out in the CAO,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings