Published on 5 February 2024
THIRD SECTION
Application no. 44131/18
Vyacheslav Aleksandrovich GOLIKOV against Russia
and 14 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
44131/18*
29/08/2018
Vyacheslav Aleksandrovich GOLIKOV
1970
Ani Mesropovna Agagyulyan
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
Article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
03/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report on (1) 12/06/2017 between 02.25 p.m. and 05.30 p.m. and (2) between 31/01/2021 03.45 p.m. and 01/02/2021 01.30 a.m.,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of proceedings,
Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based (2nd set of proceedings),
Art. 10 (1) - disproportionate measures against solo demonstrators - disproportionate interference with his freedom of expression on account of his conviction under Art. 20.2 § 5 CAO for having participated in unauthorised public event on 12/06/2017 in Moscow and for having worn a tee-shirt with a slogan offensive to the President of the Russian Federation, penalty of RUB 15,000, final decision Moscow City Court 06/03/2018
46935/21*
01/09/2021
Maksim Yevgenyevich KLIMOV
1992
Nikita Nikolayevich Tkachenko
Belgorod
Rally "Free Navalnyy"
Belgorod
23/01/2021
Rally "Free Navalnyy"
Belgorod
21/04/2021
Article 20.2 § 2 of CAO
Article 20.2 § 8 of CAO
detention of 9 days
detention for 25 days
Belgorod Regional Court
01/03/2021
Belgorod Regional Court
27/04/2021
47391/21*
16/09/2021
Ignatiy Vitalyevich KUPTSOV
1988
Ivan Yuryevich Zhdanov
Vilnius
Rally "Free Navalnyy"
Tomsk
31/01/2021
Article 20.2 § 5 of CAO
fine of RUB 15,000
Tomsk Regional Court
18/03/2021
Art. 10 (1) - conviction for making calls to participate in public events - disproportionate interference with his freedom of expression on account of his conviction under Art. 20.2 § 8 CAO for having published on his page "VKontakte" calls for participation in a rally to support A. Navalnyy on 21/04/2021 in Tomsk, sentenced to detention of 25 days, final decision Tomsk Regional Court on 04/05/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of 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 (both sets of proceedings).
49531/21*
16/09/2021
Angelina Nikolayevna YUGANOVA
1972
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally “Free Navalnyy”
Moscow
23/01/2021
Article 20.2 § 8 of CAO
fine of RUB 200,000
Moscow City Court
26/04/2021
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.
49598/21*
21/09/2021
Vsevolod Aleksandrovich ZAYTSEV
2002
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally “Free Navalnyy”
Moscow
31/01/2021
Rally “Free Navalnyy”
Moscow
21/04/2021
Article 20.2 § 5 of CAO
Article 20.2 § 8 of CAO
fine of RUB 20,000
detention for 20 days
Moscow City Court
23/08/2021
Moscow City Court
28/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station on 31/01/2021 and 25/04/2021 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 - both sets of 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 (both sets of proceedings).
51076/21*
01/10/2021
Natalya Gennadyevna CHEKHLENKO
1963
Rally "Free Navalnyy"
Blagoveshchensk
23/01/2021
Article 20.2 § 5 of CAO
fine of RUB 10,000
Amur Regional Court
01/04/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 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
51945/21*
13/10/2021
Aleksandr Vladimirovich PICHUGIN
1973
Andrey Olegovich Valenkov
Nizhniy Novgorod
Rally "Free Navalnyy"
Nizhniy Novgorod
31/01/2021
Article 20.2 § 6.1 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
15/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report between 31/01/2021 12.13 p.m. and 01/02/2021 at 03.15 p.m.,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of the 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 – final decision on 15/04/2021,
Art. 10 (1) - various restrictions on the right to freedom of expression - conviction under Art. 207.1 of the Criminal Code (dissemination of untrue information on the Internet, creating a threat to public order) for his post on Telegram in which he had satirically referred to the failure to observe sanitary restrictions due to COVID-19 during the Orthodox celebrations, penalty fine of RUB 300,000, final decision by the Russian Supreme Court on 10/02/2022.
52247/21*
01/10/2021
Ilya Valeryevich AKSENOV
2001
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
23/01/2021
Article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
02/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report on 23/01/2021 between 03.30 p.m. and 00.00,
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
52263/21*
11/10/2021
Lev Markovich SHLOSBERG
1963
Tatyana Georgiyevna Martynova
Pskov
Rally "Free Navalnyy"
Pskov
23/01/2021
Article 20.2 § 2 of CAO
fine of RUB 20,000
Pskov Regional Court
12/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report on 23/01/2021 (several hours),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of 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 (both sets of proceedings),
Art. 10 (1) - various restrictions on the right to freedom of expression - conviction under Art. 20.3.3 § 1 CAO for publicly disseminating information, which the Russian authorities considered to be tarnishing the image of the Russian military (stream on crimes in Bucha), penalty fine of RUB 32,000, final decision Pskov Regional Court on 30/05/2022.
54907/21
12/10/2021
Anastasiya Alekseyevna SHVAREVA
1998
Ernest Aleksandrovich Mezak
Saint-Barthélemy-d’Anjou
Rally "Free Navalnyy"
Syktyvkar
31/01/2021
Article 20.2 § 5 of CAO
fine of RUB 5,000
Supreme Court of the Komi Republic
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.
60617/21*
16/11/2021
Olga Nikolayevna VOLKOVA
1980
Marina Alekseyevna Dubrovina
Novorossiysk
Rally "Free Navalnyy"
Anapa
23/01/2021
Article 20.2 § 5 of CAO
fine of RUB 10,000
Krasnodar Regional Court
17/05/2021
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. 4 - right not to be tried or punished twice in criminal proceedings - overlap of the facts constituting the basis for the applicant’s prosecution in the second set of proceedings (Art. 20.2 § 5 CAO) with substantially the same facts underlying her conviction in the first set of proceedings (Art. 19.3 § 1 CAO).
61779/21*
03/12/2021
Sergey Sergeyevich OSTRIKOV
1991
Daniil Alekseyevich Polyakov
Voronezh
Rally "Free Navalnyy"
Voronezh
23/01/2021
Rally "Free Navalnyy"
Voronezh
31/01/2021
Article 20.2 § 5 of CAO
Article 20.2 § 5 of CAO
fine of RUB 10,000
fine of RUB 10,000
Voronezh Regional Court
30/08/2021
Voronezh Regional Court
04/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report on (1) 23/01/2021 between 4.40 p.m. and 11.00 p.m. and (2) on 31/01/2021 between 12.40 p.m. and 4.15 p.m.,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the proceedings 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 (both sets of proceedings).
3320/22*
22/12/2021
Aleksandr Sergeyevich KNYAZEV
1995
Daniil Alekseyevich Polyakov
Voronezh
Rally "Free Navalnyy"
Voronezh
31/01/2021
Rally "Free Navalnyy"
Voronezh
21/04/2021
Article 20.2 § 5 of CAO
Article 20.2 § 5 of CAO
fine of RUB 10,000
fine of RUB 10,000
Voronezh Regional Court
23/06/2021
Voronezh Regional Court
19/10/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report on (1) 31/01/2021 between 2.00 p.m. and 9.50 p.m. and (2) 21/04/2021 between 7.30 p.m. and 11.30 p.m.,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of 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 in the first set of proceedings.
8029/22
24/01/2022
Grigoriy Nikolayevich KABLIS
1976
Ernest Aleksandrovich Mezak
Saint-Barthélemy-d’Anjou
Rally "Free Navalnyy"
Syktyvkar
23/01/2021
Anti-war protest (against war in Ukraine)
Syktyvkar
24/02/2022
Article 20.2 § 5 of CAO
Article 19.3 § 8 of CAO
fine of RUB 10,000
detention for 12 days
Supreme Court of the Komi Republic
29/09/2021
Supreme Court of the Komi Republic
04/03/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report on (1) 23/01/2021 between 3.30 p.m. and 7.00 p.m. and (2) 24/02/2022 and on 02-03/03/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of 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 (2nd set of proceedings).
33740/22*
04/06/2022
Yuliya Vyacheslavovna KUMIROVA
1996
Natalya Andreyevna Baranova
Moscow
Rally "Free Navalnyy"
Moscow
21/04/2021
Anti-war rally
Moscow
02/03/2022
Article 20.2 § 5 of CAO
Article 20.2 § 8 of CAO
fine of RUB 10,000
detention for 10 days
Moscow City Court
17/12/2021
Moscow City Court
11/03/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report between 02/03/2022 at 7.30 p.m. and 04/03/2022 at 7.30 p.m.,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of 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 (both sets of 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.