Published on 5 February 2024
FIRST SECTION
Application no. 25802/21
Aleksandra Aleksandrovna KALISTRATOVA against Russia
and 6 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 10 § 1 of the Convention relating to disproportionate measures against solo demonstrators which are the subject of well-established case law of the Court (see Novikova and Others v. Russia, nos. 25501/07 and 4 others, 26 April 2016 and Lashmankin and Others v. Russia, nos. 57818/09 and 14 others, 7 February 2017).
APPENDIX – STATEMENT OF FACTS
List of applications raising complaints under Article 10 § 1 of the Convention
(disproportionate measures against solo demonstrators)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Location
Date
Purpose of the demonstration
Administrative charges
Penalty
Final domestic decision
Date
Name of the court
Other relevant information
Other complaints under well-established case-law
25802/21*
29/04/2021
Aleksandra Aleksandrovna KALISTRATOVA
1990
Mariya Olegovna Eysmont
Moscow
(i) Moscow, 01/06/2020, in support of I. Azar
(ii) Moscow, 05/06/2020, in support of I. Azar
(i) article 20.2 § 8 of CAO, administrative fine of RUB 250,000,
(ii) article 20.2 § 8 of CAO, administrative fine of RUB 250,000
30/10/2020, Moscow City Court
30/10/2020, Moscow City Court
rotation - event classified as assembly post facto
(Events of 01/06/2020 and 05/06/2020)
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention
(i) on 01/06/2020, for the sole purpose of drawing up a record of administrative offence;
(ii) 05/06/2020, for the sole purpose of drawing up a record of administrative offence;
(iii) between 26/01/2021 and 27/01/2021 as administrative suspect, pending trial and after the record of administrative offence under article 20.2 § 2 of CAO had been compiled;
(iv) on 15/07/2020, for the sole purpose of drawing up a record of administrative offence (such record was only compiled on 20/07/2020),
(v) between 24/02/2022 and 25/02/2022 as administrative suspect, pending trial and after the record of administrative offence under article 20.2 § 8 of CAO had been compiled;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - four sets of proceedings, final judgments of: 30/10/2019 (two separate judgments), 03/02/2022 and 01/02/2022,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - impossibility to question in court the police officers, on whose written statements the app’s conviction was based –
(i) proceedings in respect of the event on 05/06/2020, final judgment of 30/10/2020;
(ii) proceedings in respect of calls to participate in a rally, final judgment of 03/02/2021;
(iii) proceedings in respect of the rally of 15/07/2020, final judgment of 01/02/2022,
Art. 10 (1) - conviction for making calls to participate in public events - arrest, conviction under article 20.2 § 2 of the CAO, administrative detention of 10 days for publishing on 22/01/2021 a call for participation in a rally in support of A. Navalnyy (scheduled for 23/01/2021) to the applicant’s Instagram account, final judgment of 03/02/2021 by the Moscow City Court (see Elvira Dmitriyeva v. Russia, nos. 60921/17 and 7202/18, §§ 77-90, 30 April 2019),
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 issue (see, mutatis mutandis, Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-50, 17 April 2018; and Muchnik and Mordovin v. Russia [Committee], nos. 23814/15 and 2707/16, §§ 47-52, 12 February 2019) - arrest, conviction for participation in a series of solo demonstrations
(i) held on 01/06/2020 by no less than 7 participants - conviction under article 20.2 § 8 of CAO, fine of RUB 250,000, final judgment of 30/10/2020 by the Moscow City Court; and
(ii) held on 05/06/2020 by no less than 10 participants, arrest and conviction in separate proceedings under article 20.2 § 8 of CAO, fine of RUB 250,000, final judgment of 30/10/2020 by the Moscow City Court,
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - (i) Rally against constitutional amendments, 15/07/2020, Moscow - arrest, conviction under article 20.2 § 8 of CAO, administrative fine of RUB 150,000, final judgment of 01/02/2022 by the Moscow City Court; and
(ii) Anti-war rally, 24/02/2022, Moscow -arrest, conviction under article 20.2 § 8 of CAO, administrative detention of 15 days, final judgment of 27/10/2022, Moscow City Court
37020/22*
04/07/2022
Viktor Sergeyevich BARANTSEV
1986
Natalya Andreyevna Baranova
Moscow
Moscow, 24/02/2022, Anti-war protest
article 20.2 § 8 of CAO, administrative detention of 25 days
04/03/2022, Moscow City Court
distance requirement - event classified as assembly post facto
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 24/02/2022 and 25/02/2022 as administrative suspect, pending trial and after the offence record had been compiled,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - first set of proceedings, final judgment of 04/03/2022,
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 reports the conviction was based - first set of proceedings, final judgment of 04/03/2022,
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - Rally in support of A. Navalnyy, Moscow, 23/01/2021 - arrest, conviction under article 20.2 § 5 of CAO, fine of RUB 10,000, final judgment of 21/10/2022 by the Moscow City Court,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 25/02/2022 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
17363/23*
12/04/2023
Yevgeniy Andreyevich FEDIN
1981
Moscow, 10/03/2022, Anti-war protest
article 20.2 § 5 of CAO, administrative fine of RUB 20,000
15/12/2022, Moscow City Court
Art. 5 (1) - unlawful detention - escorting to the police station on 10/03/2022 for compiling an offence report,
Art. 11 (1) - various restrictions on the right to freedom of peaceful assembly - alternatively to Article 10 issue (see, mutatis mutandis, Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-50, 17 April 2018; and Muchnik and Mordovin v. Russia [Committee], nos. 23814/15 and 2707/16, §§ 47-52, 12 February 2019) – Moscow, 10/03/2022, Anti-war protest post facto considered as a collective event - arrest, conviction under article 20.2 § 5 of CAO, administrative fine of RUB 20,000, final judgment of 15/12/2022, the Moscow City Court
27195/23*
04/07/2023
Dmitriy Aleksandrovich SMELYY
1976
Moscow, 16/04/2022, Anti-war protest
article 20.2 § 5 of CAO, administrative fine of RUB 10,000
17/03/2023, Moscow City Court
ban on public events at certain locations - Red Square
Art. 5 (1) - unlawful detention - escorting to the police station on 16/04/2022 for compiling an offence report,
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - prosecution in two sets of administrative proceedings (under article 20.3.3 § 1 of CAO, final judgment of 20/07/2022 by the Moscow City Court) and under article 20.2 § 5 of CAO (final judgment of 17/03/2023, Moscow City Court) arose from substantially the same facts (the applicant’s participation in a solo demonstration of 16/04/2022 using an anti-war poster)
28879/23*
13/07/2023
Maria Andreyevna YEVDOKIMOVA
1984
Moscow, 14/04/2022, protest against the war in Ukraine
article 20.2 § 5 of CAO, administrative fine of RUB 15,000
Moscow City Court, 13/03/2023
ban on public events at certain locations - Red Square
Art. 5 (1) - unlawful detention - escorting to the police station on 14/04/2022 for compiling an offence report
28906/23*
14/07/2023
Irina Aleksandrovna BESSCHETNOVA
1978
Moscow, 26/02/2022, protest against the war in Ukraine
article 20.2 § 5 of CAO, administrative fine of RUB 15,000
Moscow City Court, 23/03/2023
ban on public events at certain locations -Red Square
Art. 5 (1) - unlawful detention - escorting to the police station on 26/02/2022 for compiling an offence report
31566/23*
25/07/2023
Yuliya Igorevna YELISEYEVA
1994
Moscow, 22/04/2022, Anti-war protest
article 20.2 § 5 of CAO, administrative fine of RUB 15,000
Moscow City Court, 27/03/2023
ban on public events at certain locations -Red Square, Moscow
Art. 5 (1) - unlawful detention – arrest, escorting to and detention at the police station from 22/04/2022 until 23/04/2022 after compiling an offence report