Published on 2 October 2023
FIRST SECTION
Application no. 26942/21
Andrey Sergeyevich GLUSHCHENKO against Russia
and 16 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 7 September 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 charges
Penalty
Final domestic decision
Court Name
Date
Other complaints under well-established case-law
26942/21*
27/04/2021
Andrey Sergeyevich GLUSHCHENKO
2001
Andrey Yevgenyevcich Shchukin
Nizhniy Tagil
Manifestation in support of
A. Navalnyy ("Otpuskay")
Yekaterinburg
31/01/2021
article 20.2 § 5 of CAO
35 hours of community service
Sverdlovsk Regional Court
08/04/2021
Art. 5 (1) - unlawful deprivation of liberty - 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
46945/21*
01/09/2021
Tatyana Aleksandrovna SIZOVA
1998
Nikita Nikolayevich Tkachenko
Belgorod
Rally "Free Navalnyy"
Belgorod
23/01/2021
article 20.2 § 2 of CAO
detention for 3 days
Belgorod Regional Court
01/03/2021
49175/21*
28/09/2021
Yelena Olegovna SAVELYEVA
1988
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
St Petersburg
31/01/2021
article 20.2 § 2 of CAO
fine of
RUB 10,000
St Petersburg City Court
13/04/2021
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;
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 12.50 p.m. on 31/01/2021 until 00.10 a.m. on 01/02/2021.
49190/21*
28/09/2021
Fedor Aleksandrovich KAPUSTIN
1993
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
30/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 12.15 p.m. until 8.09 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 the trial the police officers on whose written statements the applicant’s 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.
49201/21*
28/09/2021
Darya Vladimirovna KLOCHKOVA
1997
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Samara
31/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Samara Regional Court
06/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 1.35 p.m. until 7.40 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.
49365/21*
22/09/2021
Anna Alekseyevna KRASILNIKOVA
2002
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
St Petersburg
31/01/2021
article 20.2 § 2 of CAO
fine of
RUB 10,000
St Petersburg City Court
08/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 2.50 p.m. on 31/01/2021 until 1 a.m. on 01/02/2021;
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 the trial the police officers on whose written statements the applicant’s 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.
49532/21*
22/09/2021
Nikolay Aleksandrovich ORLOV
1993
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of
RUB 15,000
Moscow City Court
26/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 2.55 p.m. on 23/01/2021 until 00.01 a.m. on 24/01/2021;
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.
49986/21*
22/09/2021
Andrey Vladimirovich KAMINSKIY
1972
Marina Alekseyevna Dubrovina
Novorossiysk
Rally "Free Navalnyy"
Anapa
31/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Krasnodar Regional Court
22/03/2021
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 (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.
50008/21*
27/09/2021
Serafima Vladimirovna MASLOVSKAYA
1990
Tatyana Georgiyevna Martynova
Pskov
Rally "Free Navalnyy"
Pskov
31/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Pskov Regional Court
05/04/2021
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.
50019/21*
27/09/2021
Anton Mikhaylovich NIKOGOSOV
2002
Tatyana Georgiyevna Martynova
Pskov
Rally "Free Navalnyy"
Pskov
31/01/2021
article 20.2 § 5 of CAO
fine of
RUB 15,000
Pskov Regional Court
05/04/2021
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.
50039/21*
27/09/2021
Anton Andreyevich SEMENOV
1990
Tatyana Georgiyevna Martynova
Pskov
Rally "Free Navalnyy"
Pskov
31/01/2021
article 20.2 § 5 of CAO
fine of
RUB 15,000
Pskov Regional Court
05/04/2021
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.
50061/21*
27/09/2021
Anton Valeryevich BALIN
1981
Tatyana Georgiyevna Martynova
Pskov
Rally "Free Navalnyy"
Pskov
31/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Pskov Regional Court
05/04/2021
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.
50093/21*
24/09/2021
Aleksandr Sergeyevich LOBOV
1986
Roman Yevgenyevich Kachanov
Yekaterinburg
Rally "Free Navalnyy"
Ekaterinburg
31/01/2021
article 20.2 § 5 of CAO
30 hours of community service
Sverdlovsk Regional Court
01/04/2021
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.
50164/21*
23/09/2021
Daniil Olegovich SINITSIN
2001
Arkadiy Vitalyevich Shindyapin
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of
RUB 15,000
Moscow City Court
17/05/2021
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 (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.
50270/21*
23/09/2021
Aleksandr Andreyevich AVDEYEV
1984
Arkadiy Vitalyevich Shindyapin
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of
RUB 15,000
Moscow City Court
17/05/2021
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 (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.
53998/21*
10/10/2021
Aleksandr Alekseyevich LOBODA
1988
Nikita Nikolayevich Tkachenko
Belgorod
Rally "Free Navalnyy"
Belgorod
31/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Belgorod Regional Court
19/04/2021
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 the trial the police officers on whose written statements the applicant’s conviction was based.
54251/21*
14/10/2021
Andrey Vadimovich CHERNYSHOV
1995
Olimpiada Valentinovna Usanova
Nizhniy Novgorod
Rally "Free Navalnyy"
Nizhniy Novgorod
31/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Nizhniy Novgorod Regional Court
21/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 12.30 p.m. until 11.00 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 the trial the police officers on whose written statements the applicant’s 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.