Published on 30 October 2023
FOURTH SECTION
Application no. 41806/21
Anton Vladimirovich KAMENTSEV against Russia
and 21 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 5 October 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 / criminal charges
Penalty
Final domestic decision
Court Name
Date
Other complaints under well-established case-law
41806/21*
02/08/2021
Anton Vladimirovich KAMENTSEV
1991
Aleksandr Yevgenyevich Pomazuyev
Vilnius
Rally "Free Navalnyy"
Rostov-on-Don
31/01/2021
article 19.3 § 1 of CAO
detention for 3 days
Rostov Regional Court
25/02/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 2 p.m. on 31/01/2021 until 10.20 a.m. on 01/02/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
41943/21*
02/08/2021
Anton Aleksandrovich OSIPENKO
2001
Aleksandr Yevgenyevich Pomazuyev
Vilnius
Rally "Free Navalnyy"
Voronezh
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Voronezh Regional Court
25/02/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
46762/21*
10/09/2021
Dmitriy Aleksandrovich SOLOMONIDIN
1996
Aleksandr Yevgenyevich Pomazuyev
Vilnius
Rally "Free Navalnyy"
Penza
23/01/2021
article 20.2 § 5 of CAO
30 hours of community work
Penza Regional Court
18/03/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
47462/21*
04/09/2021
Damir Maratovich GILYAZOV
1984
Nikolay Sergeyevich Zboroshenko
Mytishchi
Political rally
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
03/06/2021
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.
47467/21*
04/09/2021
Daniil Olegovich LYUBOV
1999
Nikolay Sergeyevich Zboroshenko
Mytishchi
Political rally
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 the police station for compiling an offence report from 12.40 p.m. until 3.40 p.m. 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.
48918/21*
24/09/2021
Grigoriy Viktorovich NEDAYEV
1995
Ivan Yuryevich Zhdanov
Vilnius
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
30/03/2021
Art. 5 (1) – unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.50 a.m. to 8.00 p.m. 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.
48958/21*
24/09/2021
Andrey Alekseyevich BADYANOV
1996
Aleksandr Yevgenyevich Pomazuyev
Vilnius
Rally "Free Navalnyy"
Omsk
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Omsk Regional Court
06/04/2021
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.
48984/21*
24/09/2021
Anna Aleksandrovna LUGOVAYA
1983
Aleksandr Yevgenyevich Pomazuyev
Vilnius
Rally "Free Navalnyy"
Kaliningrad
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 17,000
Kaliningrad Regional Court
30/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 12.45 a.m. to 4.45 p.m. on 31/01/2021.
49505/21*
01/10/2021
Igor Vladimirovich DIL
2000
Ivan Yuryevich Zhdanov
Vilnius
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
06/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention in the police station for compiling an offence report from 11.30 p.m. on 02/02/2021 until 6 a.m. on 03/02/2021;
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.
51181/21*
08/10/2021
Marina Dmitriyevna GAYEVA
2000
Aleksandr Yevgenyevich Pomazuyev
Vilnius
Rally "Free Navalnyy"
Omsk
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Omsk Regional Court
13/04/2021
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.
51758/21*
15/10/2021
Yuliya Ivanovna ZHILYAKOVA
1963
Ivan Yuryevich Zhdanov
Vilnius
Rally "Free Navalnyy"
Staryy Oskol, Belgorod Region
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Belgorod Regional Court
19/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.45 p.m. to 6.30 p.m. 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.
52086/21*
29/09/2021
Andrey Aleksandrovich DEMYANOV
1980
Darya Dmitriyevna Aksenova
Kolomna
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2
§ 6.1 of CAO
fine of RUB 20,000
Moscow City Court
25/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at 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 his conviction was based.
52698/21*
22/10/2021
Aleksandr Mikhaylovich SHAKHPAZOV
1998
Ivan Yuryevich Zhdanov
Vilnius
Rally "Free Navalnyy"
Voronezh
31/01/2021
article 20.2 § 5 of CAO
fine RUB 10,000
Voronezh Regional Court
30/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.00 p.m. to 11.30 p.m. 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.
52705/21*
22/10/2021
Nil Vadimovich PETSKO
1989
Ivan Yuryevich Zhdanov
Vilnius
Rally "Free Navalnyy"
St Petersburg
31/01/2021
article 20.2.2
§ 1 of CAO
fine of RUB 10,000
St Petersburg City Court
29/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 1.30 p.m. on 31/01/2021 until 01/02/2021 (released after the court hearing);
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.
54265/21*
15/10/2021
Valeriy Igorevich BUSAROV
1985
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally to support Sergey Furgal and Nikolay Platoshkin
Moscow
25/07/2020
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
28/04/2021
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;
Art. 6 (1) - unfair criminal proceedings - various deficiencies of the administrative offence proceedings - absence of the applicant and his defence counsel in the first instance, the representative’s request to postpone the examination of the case was not examined.
54266/21*
15/10/2021
Viktor Sergeyevich MALEYEV
1987
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally “Free Navalnyy”
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
19/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.00 p.m. until 4.30 p.m. on 02/02/2021;
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.
54828/21*
29/10/2021
Aleksandr Tarasovich ZAGIBALOV
1988
Ivan Yuryevich Zhdanov
Vilnius
Rally "Free Navalnyy"
Irkutsk
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Irkutsk Regional Court
12/05/2021
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.
54877/21*
29/10/2021
Tatyana Yuryevna MOKIYENKO
1953
Ivan Yuryevich Zhdanov
Vilnius
Rally "Free Navalnyy"
St Petersburg
31/01/2021
article 20.2
§ 6.1 of CAO
fine of RUB 10,000
St Petersburg City Court
11/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.30 p.m. until 11 p.m. 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.
54884/21*
29/10/2021
Sergey Valentinovich GLYADYAYEV
1973
Ivan Yuryevich Zhdanov
Vilnius
Rally "Free Navalnyy"
Omsk
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Omsk Regional Court
11/05/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
54890/21*
29/10/2021
Aleksandr Sergeyevich TEREBKOV
1985
Ivan Yuryevich Zhdanov
Vilnius
Rally "Free Navalnyy"
Omsk
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Omsk Regional Court
11/05/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
54898/21*
29/10/2021
Vladislav Vladimirovich KUZMIN
1993
Ivan Yuryevich Zhdanov
Vilnius
Rally “Free Navalnyy”
Yekaterinburg
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Sverdlovsk Regional Court
11/05/2021
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.
54902/21*
29/10/2021
Aleksey Gennadyevich SEMENOV
1988
Ivan Yuryevich Zhdanov
Vilnius
Rally “Free Navalnyy”
Yaroslavl
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Yaroslavl Regional Court
11/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offense report from 1.45 p.m. until 6.00 p.m. 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.
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