Published on 30 October 2023
THIRD SECTION
Application no. 57870/21
Vadim Aleksandrovich GENERALOV against Russia
and 17 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 5 October 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 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 charges
Penalty
Final domestic decision
Court Name
Date
Other complaints under well-established case-law
57870/21*
08/11/2021
Vadim Aleksandrovich GENERALOV
1991
Veronika Yuryevna Karagodina
St Petersburg
Rally "Free Navalnyy"
St Petersburg
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 10,000
St Petersburg City 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,
Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the police officers on whose written statements the conviction was based,
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report,
Art. 6 (3) (c) - own choice of legal assistance - restriction of the lawyer’s access to the applicant at the police station on 31/01/2021
57961/21*
18/11/2021
Irina Andreyevna MAKSIMOVA
1995
Yelena Yuryevna Pershakova
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 15,000
Moscow City Court
21/05/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the police officers on whose written statements the conviction was based,
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report
58136/21*
11/10/2021
Yevgeniy Yevgenyevich KALENKOVICH
1988
Yelena Yuryevna Pershakova
Moscow
Rally "Free Navalnyy"
Moscow
23/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 15,000
Moscow City Court
13/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 23/01/2021 until 25/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the police officers on whose written statements the conviction was based
58252/21*
18/11/2021
Pavel Alekseyevich SHAPOSHNIKOV
1990
Yelena Yuryevna Pershakova
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Moscow City Court
19/05/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the police officers on whose written statements the conviction was based
59678/21*
18/11/2021
Vladislav Vladimirovich ISAK
1985
Yevgeniy Vyacheslavovich Antokhin
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 15,000
Moscow City Court
25/05/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the police officers on whose written statements the conviction was based,
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 31/01/2021 until 02/02/2021,
Art. 6 (3) (c) - own choice of legal assistance - despite the applicant’s lawyer being present at the police station she was refused access to him
60770/21*
07/12/2021
Aleksandr Yevgenyevich RUDENKO
1991
Yelena Yuryevna Pershakova
Moscow
Rally "Free Navalnyy"
Perm
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Perm Regional Court
10/06/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the police officers on whose written statements the conviction was based,
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report
61175/21*
23/11/2021
Aleksey Valeryevich VINNIKOV
2001
Konstantin Aleksandrovich Markin
Velikiy Novgorod
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
05/07/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the police officers on whose written statements the conviction was based,
Art. 5 (1) - unlawful detention - escorting to the police station on 02/02/2021 for compiling an offence report
61237/21*
21/11/2021
Dmitriy Mikhaylovich PETRIK
1989
Marina Alekseyevna Dubrovina
Novorossiysk
Rally "Free Navalnyy"
Novorossiysk
21/04/2021
article 20.2.2 § 1 of CAO
detention of 5 days
Krasnodar Regional Court
23/06/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the police officers on whose written statements the 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.
61339/21*
21/11/2021
Lyubov Nikolayevna PARYGINA
1999
Marina Alekseyevna Dubrovina
Novorossiysk
Rally "Free Navalnyy"
Anapa
21/04/2021
article 20.2 § 5 of CAO
fine of RU 10,000
Krasnodar Regional Court
30/06/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the police officers on whose written statements the conviction was based,
Art. 5 (1) - unlawful detention - escorting to the police station on 21/04/2021 for compiling an offence report
61359/21*
01/11/2021
Maksim Yuryevich BANYAYEV
1989
Konstantin Aleksandrovich Markin
Strasbourg
Rally "Free Navalnyy"
Moscow
23/01/2021
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 5 of CAO
article 20.2 § 6.1 of CAO
fine of RUB 20,000
detention of 5 days
Moscow City Court
29/09/2021
Moscow City Court
21/05/2021
Art. 5 (1) - unlawful detention
1) escorting to the police station on 23/01/2021 for compiling an offence report;
2) escorting to and detention at the police station after compiling an offence report from 00.20 a.m. on 02/02/2021 until 14.30 p.m. on 03/02/2021,
Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the police officers on whose written statements the conviction was based,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
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.
61531/21*
06/12/2021
Kseniya Alekseyevna MAZUROVA
2002
Konstantin Aleksandrovich Markin
Velikiy Novgorod
Rally "Free Navalnyy"
Velikiy Novgorod
21/04/2021
article 20.2 § 5 of CAO
20 hours of community work
Novgorod Regional Court
15/06/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the police officers on whose written statements the conviction was based,
Art. 5 (1) - unlawful detention - escorting to the police station on 21/04/2021 for compiling an offence report
61752/21*
21/11/2021
Aleksandr Alekseyevich ANTONOV
1994
Marina Alekseyevna Dubrovina
Novorossiysk
Rally "Free Navalnyy"
Novorossiysk
21/04/2021
article 20.2.2 § 1 of CAO
detention of 5 days
Krasnodar Regional Court
28/06/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the police officers on whose written statements the 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.
61776/21*
21/11/2021
Yekaterina Anatolyevna LAKHTIKOVA
1983
Roman Yevgenyevich Kachanov
Yekaterinburg
Rally "Free Navalnyy"
Ekaterinburg
31/01/2021
article 20.2 § 5 of CAO
20 hours of community work
Sverdlovsk Regional Court
27/05/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
11758/23*
02/03/2023
Lyubov Aleksandrovna PLOSHKINA
1999
Anti-war protest
Moscow
24/02/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
03/11/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 24/02/2022 for compiling an offence report
12162/23*
25/02/2023
Yekaterina Andreyevna ZHILINA
1989
Natalya Andreyevna Baranova
Moscow
Anti-war protest
Moscow
24/02/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
25/10/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 24/02/2022 for compiling an offence report
12463/23*
03/03/2023
Yekaterina Yevgenyevna ABAYEVA-GILDEBRAND
1999
Anti-war protest
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
03/11/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report
13472/23*
13/02/2023
Marina Yuryevna LYUBIMOVA
1974
Anti-war protest
Moscow
13/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
13/10/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 13/03/2022 for compiling an offence report
14243/23*
16/03/2023
Anastasiya Romanovna ANDRYUSHCHENKO
Anti-war protest
Moscow
24/02/2022
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
21/11/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 24/02/2022 for compiling an offence report
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