Published on 5 February 2024
SECOND SECTION
Application no. 18964/22
Leonid Vladimirovich GORYUNOV against Russia
and 8 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
18964/22
18/03/2022
Leonid Vladimirovich GORYUNOV
1968
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Ivanovo
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Ivanovo Regional Court
22/09/2021
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.
22174/22
05/04/2022
Tatyana Vladimirovna TSARENKO
1982
Aleksey Alekseyevich Vasilyev
Moscow
Rally “Free Navalnyy”
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
05/10/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
26116/22*
10/05/2022
Magomed Sirazhudinovich ABDUKHALIKOV
2002
Natalya Andreyevna Baranova
Moscow
Rally “Free Navalnyy”
Moscow
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 17,000
Moscow City Court
11/11/2021
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.
28102/22*
23/05/2022
Yelena Sergeyevna VASYUTINA
1986
Natalya Andreyevna Baranova
Moscow
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
09/12/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report 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.
33313/22
24/06/2022
Ivan Sergeyevich AVDONIN
1994
Natalya Andreyevna Baranova
Moscow
Rally “Free Navalnyy”
Vologda
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Vologda Regional Court
28/02/2022
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 21/04/2021,
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 question in the trial two defence witnesses in support of the applicant’s account of events.
33381/22*
16/06/2022
Aleksey Aleksandrovich TSARENKOV
1974
Natalya Andreyevna Baranova
Moscow
Rally “Free Navalnyy”
Moscow
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
17/12/2021
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. 8 (2) - restrictions on the right to private life of participants in public assemblies - use of facial recognition technology for the identification of the applicant as a participant of a rally and his subsequent conviction (raised on appeal).
34125/22
18/06/2022
Klavdiy Alekdandrovich KISPOYEV
1946
Natalya Andreyevna Baranova
Moscow
Protest against political repressions
Moscow
14/03/2020
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
21/12/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 14/03/2020,
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.
36342/22
18/07/2022
Pavel Nikolayevich SINELNIKOV
2001
Anna Yevgenyevna Bochilo
Barnaul
Rally “Free Navalnyy”
Barnaul
24/04/2021
article 20.2 § 8 of CAO
detention for 2 days
Altay Regional Court
20/04/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 3.50 p.m. on 24/03/2022 until 10 a.m. 25/03/2022,
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,
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.
46964/22
10/09/2022
Sergey Konstantinovich DUBOVIK
1989
Aleksandr Vasilyevich Savin
Stavropol
Rally against the closure of independent media outlets
Stavropol
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Stavropol Regional Court
10/08/2022
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 06/03/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.