Published on 5 February 2024
FOURTH SECTION
Application no. 13644/21
Aleksandr Vladimirovich GRESKO against Russia
and 5 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 6 § 1 of the Convention relating to lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings which are the subject of well-established case law of the Court (see Karelin v. Russia, no. 926/08, 20 September 2016).
APPENDIX – STATEMENT OF FACTS
List of applications raising complaints under Article 6 § 1 of the Convention
(lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Penalty
Date of final domestic decision
Name of court
Other complaints under well-established case-law
13644/21
12/02/2021
Aleksandr Vladimirovich GRESKO
1974
Aleksey Vladimirovich Bushmakov
Yekaterinburg
detention for 10 days
28/01/2021
Sverdlovsk Regional Court
Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 23/01/2021 in Yekaterinburg, Article 20.2 § 2 of CAO, detention for 10 days, final decision 28/01/2021 by the Sverdlovsk Regional Court,
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.
26374/21
08/05/2021
Zakhar Borisovich SARAPULOV
1992
Vyacheslav Sergeyevich Ivanets
Tbilisi, Georgia
detention for 10 days
02/02/2021
Irkutsk Regional Court
Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 23/01/2021 in Irkutsk, Article 20.2 § 2 of CAO, detention for 10 days, final decision on 02/02/2021 by the Irkutsk Regional Court.
33618/21
04/06/2021
Vyacheslav Aleksandrovich VOROBEY
2001
Vyacheslav Sergeyevich Ivanets
Tbilisi, Georgia
detention for 10 days
29/04/2021
Irkutsk Regional Court
Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 21/04/2021 in Irkutsk, Article 20.2 § 2 of CAO, detention for 10 days, final decision by the Irkutsk Regional Court on 29/04/2021.
38156/21*
13/07/2021
Vadim Arkadyevich ANANYIN
1972
Inna Viktorovna Kosheleva
Kirov
detention for 4 days,
fine of RUB 5,000,
detention for 5 days
16/03/2021
Kirov Regional Court
01/03/2021
Kirov Regional Court
18/01/2022
Kirov Regional Court
Art. 10 (1) - conviction for making calls to participate in public events – rally to support A. Navalnyy on 23/01/2021 in Kirov, Article 20.2 § 2 CAO, final decision 16/03/2021, Kirov Regional Court;
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 (conviction on 04/02/2021, appeal on 16/03/2021 and conviction on 14/01/2022, appeal on 18/01/2022),
Art. 11 (1) - various restrictions on the right to freedom of peaceful assembly - disproportionate interference with his freedom of assembly on account of his conviction under Art. 20.2 § 1 CAO for having organised and participated on 29/10/2020 in Kirov in a rally in support of victims of political repressions, fine of RUB 5,000, final decision Kirov Regional Court 01/03/2021,
Art. 5 (1) - unlawful detention - escorting to the police station on 14/01/2022 and detention beyond the three-hour statutory period.
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 (final decision Kirov Regional Court 18/01/2022),
Art. 10 (1) - disproportionate measures against solo demonstrators – solo picket against torture in the Russian penitentiary system on 06/01/2022 in Kirov, Art. 20.2 § 8 CAO, detention for 5 days, final decision Kirov Regional Court 18/01/2022.
40950/21
28/07/2021
Dmitriy Olegovich NADEIN
1974
Vyacheslav Sergeyevich Ivanets
Tbilisi, Georgia
detention for
10 days
24/02/2021
Irkutsk Regional Court
Art. 10 (1) - conviction for making calls to participate in public events – making calls to take part in an unauthorised manifestation in Irkutsk on 23/01/20201, Article 20.2 § 2 of CAO, detention for 10 days, final decision by the Irkutsk Regional Court on 24/02/2021
3804/22*
15/12/2021
Yekaterina Aleksandrovna ASTAFYEVA
1991
Daniil Alekseyevich Polyakov
Voronezh
fine of
RUB 20,000,
fine of
RUB 20,000
15/06/2021 Voronezh Regional Court
22/06/2021 Voronezh Regional Court
Art. 10 (1) - conviction for making calls to participate in public events - in two unrelated sets of administrative-offence proceedings the applicant was convicted for calls to participate in rallies to support A. Navalnyy on 23/01/2021 and 31/01/2021 in Voronezh, Article 20.2 § 2 of CAO, fines of RUB 20,000, final decisions 15/06/2021 and 22/06/2021 Voronezh Regional Court.