Published on 24 July 2023
FIRST SECTION
Application no. 25870/21
Vladimir Aleksandrovich GRYAZEV against Russia
and 28 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 29 June 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
25870/21*
01/05/2021
Vladimir Aleksandrovich GRYAZEV
1993
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally in support of A. Navalnyy
Moscow
23/01/2021
Article 20.2 § 6.1 of CAO
administrative detention of 10 days
Moscow City Court
29/01/2021
Art. 5 (1) - unlawful deprivation of liberty – arrest, escorting to a police station, detention between 23/01/2021 and 25/01/2021 as administrative suspect, after the offence record had been drawn up: no evidence/assessment of any “exceptional circumstances” under the CAO,
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 open court police officer on whose written statements the applicant’s conviction was based.
25879/21*
01/05/2021
German Gennadyevich GUROV
1971
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally in support of A. Navalnyy
Moscow
23/01/2021
Article 20.2 § 6.1 of CAO
administrative detention of 10 days
Moscow City Court
29/01/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention between 23/01/2021 and 25/01/2021 as administrative suspect;
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 open court police officer on whose written statements the applicant’s conviction was based.
25925/21*
01/05/2021
Aleksey Andreyevich STAVTSEV
1990
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally in support of A. Navalnyy
Moscow
23/01/2021
Article 20.2 § 6.1 of CAO
administrative detention of 10 days
Moscow City Court
29/01/2021
Art. 5 (1) - unlawful deprivation of liberty – arrest, escorting to a police station and detention between 23/01/2021 and 25/01/2021 as administrative suspect;
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 open court police officers on whose written statements the applicant’s conviction was based.
25926/21*
01/05/2021
Vasiliy Nikolayevich FILATOV
1987
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally in support of A. Navalnyy
Moscow
23/01/2021
Article 20.2 § 6.1 of CAO
administrative detention of 10 days
Moscow City Court
29/01/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention between 23/01/2021 and 25/01/2021 as administrative suspect;
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 open court police officers on whose written statements the applicant’s conviction was based.
25927/21*
01/05/2021
Yevgeniy Aleksandrovich SOROKIN
1988
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally in support of A. Navalnyy
Moscow
23/01/2021
Article 20.2 § 6.1 of CAO
administrative detention of 10 days
Moscow City Court
29/01/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention between 23/01/2021 and 25/01/2021 as administrative suspect;
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 open court police officers on whose written statements the applicant’s conviction was based.
25931/21*
07/05/2021
Sergey Alekseyevich OSHCHEPKOV
1999
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally in support of A. Navalnyy
Moscow
31/01/2021
Article 20.2 § 6.1 of CAO
administrative detention of 15 days
Moscow City Court
05/02/2021
Art. 5 (1) - unlawful deprivation of liberty – arrest, escorting to a police station and detention between 31/01/2021 and 01/02/2021 as administrative suspect;
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 an open court the police officers on whose written statements the applicant’s conviction was based.
26045/21*
01/05/2021
Petr Aleksandrovich KOLOBAYEV
1999
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally in support of Navalnyy
Moscow
23/01/2021
Article 20.2 § 6.1 of CAO
administrative detention of 10 days
Moscow City Court
29/01/2021
Art. 5 (1) - unlawful deprivation of liberty – arrest, escorting to a police station and detention between 23/01/2021 and 25/01/2021 as administrative suspect;
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 an open court the police officers on whose written statements the applicant’s conviction was based.
26704/21*
01/05/2021
Yegor Vyacheslavovich BITINKOV
2020
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally in support of A. Navalnyy
Moscow
23/01/2021
Article 20.2 § 6.1 of CAO
administrative detention of 8 days
Moscow City Court
29/01/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention between 23/01/2021 and 25/01/2021 as administrative suspect;
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 an open court the police officers on whose written statements the applicant’s conviction was based.
26787/21*
01/05/2021
Aleksandr Yevgenyevich BOGACHEV
2000
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally in support of A. Navalnyy
Moscow
23/01/2021
Article 20.2 § 6.1 of CAO
administrative detention of 10 days
Moscow City Court
29/01/2021
Art. 5 (1) - unlawful deprivation of liberty – arrest, escorting to a police station and detention between 23/01/2021 and 25/01/2021 as administrative suspect;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence;
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 an open court the police officers on whose written statements the applicant’s conviction was based.
27834/21*
01/05/2021
Mikhail Aleksandrovich NAYDANOV
1986
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally in support of A. Navalnyy
Moscow
23/01/2021
Article 20.2 § 6.1 of CAO
administrative detention of 10 days
Moscow City Court
29/01/2021
Art. 5 (1) - unlawful deprivation of liberty – arrest, escorting to a police station and detention between 23/01/2021 and 25/01/2021 as administrative suspect;
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 an open court the police officers on whose written statements the applicant’s conviction was based.
28173/21*
11/05/2021
Sofya Mikhaylovna BYKOVA
1995
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally in support of A. Navalnyy
Moscow
02/02/2021
Article 20.2 § 6.1 of CAO
administrative detention of
5 days
Moscow City Court
09/02/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention between 02/02/2021 and 03/02/2021 as administrative suspect;
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 open court police officer on whose written statements the applicant’s conviction was based.
28180/21*
11/05/2021
Grigoriy Aleksandrovich VAYSBERG
2000
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally in support of A. Navalnyy
Moscow
02/02/2021
Article 20.2 § 6.1 of CAO
administrative detention of
8 days
Moscow City Court
09/02/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention between 02/02/2021 and 03/02/2021 as administrative suspect;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence;
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 open court police officer on whose written statements the applicant’s conviction was based.
35656/21*
25/06/2021
Marianna Yuryevna ZHUKOVA
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally in support of A. Navalnyy
Moscow
02/02/2021
Article 20.2 § 6.1 of CAO
administrative detention of 12 days
Moscow City Court
02/03/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention on 03/02/2021 as administrative suspect;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
35657/21*
25/06/2021
Yelizaveta Alekseyevna POVYSHEVA
2000
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally in support of A. Navalnyy
Moscow
02/02/2021
Article 20.2 § 6.1 of CAO
administrative detention of 12 days
Moscow City Court
22/03/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention on 03/02/2021 as administrative suspect;
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 an open court the police officers on whose written statements the applicant’s conviction was based.
35660/21*
25/06/2021
Polina Yevgenyevna SKURATOVICH
1997
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally in support of A. Navalnyy
Moscow
02/02/2021
Article 20.2 § 6.1 of CAO
administrative detention of 12 days
Moscow City Court
22/03/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention on 03/02/2021 as administrative suspect;
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 an open court the police officers on whose written statements the applicant’s conviction was based
35664/21*
25/06/2021
Nadezhda Dmitriyevna TOKMAKOVA
1997
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally in support of A. Navalnyy
Moscow
02/02/2021
Article 20.2 § 6.1 of CAO
administrative detention of 12 days
Moscow City Court
22/03/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention on 03/02/2021 as administrative suspect;
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 an open court the police officers on whose written statements the applicant’s conviction was based
35938/21*
25/06/2021
Yelizaveta Igorevna FROLOVA
1996
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally in support of A. Navalnyy
Moscow
02/02/2021
Article 20.2 § 6.1 of CAO
administrative detention of 12 days
Moscow City Court
11/02/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention on 03/02/2021 as administrative suspect;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
35944/21*
25/06/2021
Yuliya Sergeyevna YANCHENKO
1997
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally in support of A. Navalnyy
Moscow
02/02/2021
Article 20.2 § 6.1 of CAO
administrative detention of 12 days
Moscow City Court
24/03/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention on 03/02/2021 as administrative suspect;
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 an open court the police officers on whose written statements the applicant’s conviction was based
35947/21*
25/06/2021
Aleksandra Vyacheslavovna SHALIMOVA
1997
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally in support of Navalnyy
Moscow
02/02/2021
Article 20.2 § 6.1 of CAO
administrative detention of 12 days
Moscow City Court
22/03/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention on 03/02/2021 as administrative suspect;
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 an open court the police officers on whose written statements the applicant’s conviction was based
36271/21*
19/05/2021
Sergey Yuryevich SOLONICHENKO
1978
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally in support of A. Navalnyy
Moscow
31/01/2021
Article 20.2 § 6.1 of CAO
administrative detention of 15 days
Moscow City Court
05/02/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention between 31/01/2021 and 01/02/2021 as administrative suspect;
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 open court police officer on whose written statements the applicant’s conviction was based
37784/21*
01/07/2021
Mikhail Andreyevich KIM
2002
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally in support of A. Navalnyy
Moscow
31/01/2021
Article 20.2 § 6.1 of CAO
administrative detention of 15 days
Moscow City Court
09/02/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention between 31/01/2021 and 01/02/2021 as administrative suspect;
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 open court police officer on whose written statements the applicant’s conviction was based
37790/21*
01/07/2021
Andrey Olegovich PICHUGIN
2002
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally in support of A. Navalnyy
Moscow
31/01/2021
Article 20.2 § 6.1 of CAO
administrative detention of 15 days
Moscow City Court
09/02/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention between 31/01/2021 and 01/02/2021 as administrative suspect;
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 open court police officers on whose written statements the applicant’s conviction was based
37792/21*
01/07/2021
Yevgeniya Olegovna RUMYANTSEVA
1999
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally in support of A. Navalnyy
Moscow
02/02/2021
Article 20.2 § 6.1 of CAO
administrative detention of 15 days
Moscow City Court
16/04/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention on 03/02/2021 as administrative suspect;
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 open court police officers on whose written statements the applicant’s conviction was based
37794/21*
01/07/2021
Ruslan Sergeyevich CHAPLYGIN
1986
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally in support of A. Navalnyy
Moscow
31/01/2021
Article 20.2 § 6.1 of CAO
administrative detention of 15 days
Moscow City Court
10/02/2021
Art. 5 (1) - unlawful deprivation of liberty- arrest, escorting to a police station and detention between 31/01/2021 and 01/02/2021 as administrative suspect;
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 open court police officers on whose written statements the applicant’s conviction was based
42351/21*
07/05/2021
Yevgeniy Aleksandrovich KOZHEVNIKOV
1996
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally in support of A. Navalnyy
Moscow
31/01/2021
Article 20.2 § 6.1 of CAO
administrative detention of 15 days
Moscow City Court
05/02/2021
Art. 5 (1) – unlawful deprivation of liberty - arrest, escorting to a police station and detention between 31/01/2021 and 01/02/2021 as administrative suspect;
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 open court police officers on whose written statements the applicant’s conviction was based
44149/21
18/08/2021
Nikota Olegovich BEZRUKOV
1997
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally in support of A. Navalnyy
Moscow
31/01/2021
Article 19.3 § 1 of CAO
and
Article 20.2 § 5 of CAO
administrative detention of 10 days
and
fine of
RUB 20,000
Moscow City Court
26/02/2021
and
Moscow City Court
09/07/2021
Art. 5 (1) – unlawful deprivation of liberty - arrest, escorting to a police station and detention between 31/01/2021 and 01/02/2021 as administrative suspect;
Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in the administrative 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 open court police officers on whose written statements the applicant’s conviction was based (both sets of proceedings);
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - conviction in the two separate sets of proceedings, under Articles 19.3 and 20.2 § 5 of the CAO, on account of participation in the same public event - overlap of the facts constituting the basis for the applicant’s prosecution in the second set of proceedings with substantially the same facts underlying his conviction in the first set of proceedings
44372/21*
17/08/2021
Stepan Vyacheslavovich VAZHENKOV
2001
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally in support of A. Navalnyy
Moscow
23/01/2021
Article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
16/04/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 23/01/2021 for the sole purpose of drawing up a record of administrative offence,
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 open court the police officers on whose written statements the applicant’s conviction was based
47450/21*
04/09/2021
Anna Aleksandrovna FOMINA
1986
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally in support of A. Navalnyy
Moscow
23/01/2021
Article 20.2 § 5 of CAO
fine of
RUB 15,000
Moscow City Court
03/06/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 23/01/2021 for the sole purpose of drawing up a record of administrative offence,
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 - impossibility to cross-examine police officers on whose statements the applicant’s conviction was based.
49590/21*
21/09/2021
Sergey Lvovich ANDREYEV
1974
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally in support of A. Navalnyy
Moscow
31/01/2021
Article 20.2 § 6.1 of CAO
fine of
RUB 20,000
Moscow City Court
14/04/2021
Art. 5 (1) - unlawful deprivation of liberty – arrest, escorting to a police station, detention on 31/01/2021 for the sole purpose of drawing a record of administrative offence,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings