Published on 24 July 2023
THIRD SECTION
Application no. 43258/21
Igor Lvovich KANEVSKIY against Russia
and 23 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
43258/21*
04/08/2021
Igor Lvovich KANEVSKIY
1977
Ivan Yuryevich Zhdanov
Vilnius
Rally “Free Navalnyy”
St Petersburg
31/01/2021
article 20.2.2 § 1 of CAO
Fine of
RUB 15,000
St Petersburg City Court
02/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.00 p.m. on 31/01/2021 until 01/02/2021[1];
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings[2];
Art. 6 (1) - unfair criminal proceedings - various deficiencies of the administrative offence proceedings (no access to a lawyer during detention at the police station)[3];
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 police officers on whose written statements the applicant’s conviction was based[4].
43655/21*
07/08/2021
Yelena Sergeyevna PULUDI
2000
Rally “Free Navalnyy”
Kazan
31/01/2021
article 20.2 § 5 of CAO
Fine of
RUB 10,000
Supreme Court of the Republic of Tatarstan
24/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report between 31/01/2021 and 01/02/2021.
43682/21*
09/08/2021
Andrey Vitalyevich KLIMENKO
1990
Aleksandr Yevgenyevich Pomazuyev
Vilnius
Rally “Free Navalnyy”
Penza
23/01/2021
article 20.2 § 5 of CAO
Fine of
RUB 20,000
Penza Regional Court
04/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station on 23/01/2021 for compiling an offence report;
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 police officers on whose written statements the applicant’s conviction was based.
43690/21*
06/08/2021
Mikhail Mikhaylovich PRUSAKOV
1996
Ilya Yulyevich Nazarov
Moscow
Rally “Free Navalnyy”
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
Detention for
7 days
Moscow City Court
08/02/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.46 p.m. on 02/02/2021 until 5.00 p.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) - unfair criminal proceedings - various deficiencies of the administrative offence proceedings (impossibility to obtain attendance of witnesses on behalf of the defence)[5];
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[6].
43739/21*
23/08/2021
Ilshat Rinatovich ZARIPOV
2001
Aleksandr Yevgenyevich Pomazuyev
Vilnius
Rally “Free Navalnyy”
Kazan
31/01/2021
article 20.2 § 5 of CAO
Fine of
RUB 10,000
Supreme Court of the Republic of Tatarstan
03/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.50 p.m. on 31/01/2021 until 01/02/2021 (unspecified hour).
43823/21*
26/08/2021
Aleksandra Mikhaylovna ROMANENKO
1990
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
St Petersburg
31/01/2021
article 20.2.2 § 1 of CAO
Fine of
RUB 10,000
St Petersburg City Court
25/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1.00 p.m. until 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 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 (unreasoned judgment).
44210/21*
24/08/2021
Vladimir Aleksandrovich KUZNETSOV
1995
Varvara Dmitriyevna Mikhaylova
St Petersburg
Rally “Free Navalnyy”
St Petersburg
31/01/2021
article 20.2.2 § 1 of CAO
detention for
8 days
St Petersburg City Court
25/02/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1.40 p.m. on 31/01/2021 until 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;
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 police officers on whose written statements the applicant’s conviction was based.
46689/21*
31/08/2021
Mark Yulianovich SELITSKIY
1999
Opposition rally
Rostov-on-Don
31/01/2021
article 20.2 § 6.1 of CAO
Fine of
RUB 10,000
Rostov Regional Court
02/03/2021
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 police officers on whose written statements the applicant’s conviction was based.
47119/21*
04/09/2021
Mariya Yevgenyevna NUYKINA
1999
Tumas Arsenovich Misakyan
Moscow
Rally to support Sergey Furgal
Khabarovsk
26/12/2020
article 20.2 § 6.1 of CAO
Detention for
1 day
Khabarovsk Regional Court
12/03/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
46068/22*
08/09/2022
Sergey Aleksandrovich FALALEYEV
1971
Natalya Pavlovna Yermilova
Yekaterinburg
Protest against war in Ukraine
Yekaterinburg
06/03/2022
article 20.2 § 5 of CAO
Fine of
RUB 20,000
Sverdlovsk Regional Court
13/07/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.00 p.m. until 8.00 p.m. 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;
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 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 (no access to a lawyer during detention at the police station).
46237/22*
11/09/2022
Bulat Konstantinovich NIZAMIYEV
1994
Rim Faridovich Sabirov
Kazan
Protest against war in Ukraine
Kazan
02/03/2021
article 20.2 § 5 of CAO
Fine of
RUB 10,000
Supreme Court of the Republic of Tatarstan
11/05/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 7.30 p.m. on 02/03/2022 until 03/03/2021.
47613/22*
17/09/2022
Viktor Vladimirovich KUCHERYAVYY
1951
Irina Vladimirovna Gak
Rostov-on-Don
Protest against war in Ukraine
Taganrog
05/03/2022
article 20.2 § 2 of CAO
Fine of
RUB 25,000
Rostov Regional Court
17/05/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 8.00 a.m. until 7.30 p.m. 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;
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 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 (impossibility to obtain attendance of witnesses on behalf of the defence);
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - overlap of the facts constituting the basis for the applicant’s prosecution in the second set of proceedings (Art. 20.2 § 2 of CAO) with substantially the same facts underlying the applicant’s conviction in the first set of proceedings (Art. 20.3.3 §1 of CAO)[7].
47986/22*
19/09/2022
Yelena Aleksandrovna KOROSTELEVA
1994
Andrey Yevgenyevich Shchukin
Nizhniy Tagil
Protest against war in Ukraine
Yekaterinburg
02/03/2022
article 20.2 § 5 of CAO
20 hours of community work
Sverdlovsk Regional Court
28/07/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 7.40 p.m. until 11.40 p.m. on 02/03/2022;
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) - unfair criminal proceedings - various deficiencies of the administrative offence proceedings (no access to a lawyer in appeal review 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 police officers on whose written statements the applicant’s conviction was based.
48305/22*
03/10/2022
Mariya Gennadyevna NIKOLAYEVA
1985
Protest against war in Ukraine
Moscow
24/02/2022
article 20.2 § 5 of CAO
Fine of
RUB 10,000
Moscow City Court
03/08/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 7.15 p.m. on 24/02/2022 until 12.40 a.m. on 25/02/2022;
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) - unfair criminal proceedings - various deficiencies of the administrative offence proceedings (no access to a lawyer during detention at the police station);
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 police officers on whose written statements the applicant’s conviction was based.
48323/22*
16/09/2022
Galina Aleksandrovna SAKHAREVICH
1992
Yuliya Valeryevna Malinina
Moscow
Protest against war in Ukraine
Moscow
26/02/2022
article 20.6.1 § 1 of CAO
Fine of
RUB 30,000
Moscow City Court
07/06/2022
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) - unfair criminal proceedings - various deficiencies of the administrative offence proceedings (lack of time and facilities to prepare the defence, no access to a lawyer in the appeal instance);
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 police officers on whose written statements the applicant’s conviction was based.
48346/22*
16/09/2022
Olga Lvovna GORELIK
1981
Oleg Aleksandrovich Yelanchik
Moscow
Protest against war in Ukraine
Moscow
06/03/2022
article 20.2 § 5 of CAO
Fine of
RUB 20,000
Moscow City Court
15/08/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.00 p.m. until 8.00 p.m. 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;
Art. 6 (1) - unfair criminal proceedings - various deficiencies of the administrative offence proceedings (absence in the trial);
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 police officers on whose written statements the applicant’s conviction was based.
50568/22*
07/10/2022
Anzhelika Sergeyevna KAZANTSEVA
1999
Protest against war in Ukraine
Perm
24/02/2022
article 20.2 § 5 of CAO
Fine of
RUB 10,000
Perm Regional Court
07/06/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 7.15 p.m. until 11.00 p.m. on 24/02/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
50874/22*
28/09/2022
Marina Dmitriyevna POPOVA
1993
Natalya Andreyevna Baranova
Moscow
Protest against war in Ukraine
St Petersburg
28/02/2022
article 20.2 § 2 of CAO
Fine of
RUB 10,000
St Petersburg City Court
31/05/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 8.30 p.m. on 28/02/2022 until 2.30 a.m. on 01/03/2022;
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) - unfair criminal proceedings - various deficiencies of the administrative offence proceedings (no access to a lawyer during detention at the police station);
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 police officers on whose written statements the applicant’s conviction was based.
9556/23*
01/02/2023
Lolita Sergeyevna DUBOVIK
1998
Olesya Anatolyevna Vasilchenko
Minyar
Protest against war in Ukraine
St Petersburg
06/03/2022
article 20.2.2
§ 1 of CAO
Fine of
RUB 10,000
St Petersburg City Court
04/10/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 4.50 p.m. on 06/03/2022 until 4.00 p.m. on 07/03/2022;
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 police officers who arrested the applicant as well as a defence witness (friend S.) about the circumstances of the arrest.
11254/23*
18/02/2022
Andi Nikolayevich ARIPOV
2003
Protest against war in Ukraine
Moscow
06/03/2022
article 20.2 § 5 of CAO
Fine of
RUB 10,000
Moscow City Court
19/10/2022
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 police officers on whose written statements the applicant’s conviction was based.
12065/23*
02/03/2023
Diana Olegovna KOROBEYNIKOVA
1996
Darya Dmitriyevna Aksenova
Kolomna
Protest against war in Ukraine
Moscow
06/03/2022
article 20.2 § 5 of CAO
Fine of
RUB 10,000
Moscow City Court
03/11/2022
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 police officers on whose written statements the applicant’s conviction was based.
13077/23*
08/03/2023
Polina Andreyevna BIRYUKOVA
2000
Protest against war in Ukraine
Moscow
24/02/2022
article 20.2 § 5 of CAO
Fine of
RUB 15,000
Moscow City Court
09/11/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 7.30 p.m. on 24/02/2022 until 1.00 a.m. on 25/02/2022;
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 police officers on whose written statements the applicant’s conviction was based.
14342/23*
03/03/2023
Konstantin Yevgenyevich FROLOV
1997
Vladimir Sergeyevich Nemanov
Moscow
Protest against war in Ukraine
Moscow
27/03/2022
article 20.2 § 5 of CAO
Fine of
RUB 10,000
Moscow City Court
13/07/2022
(The administrative case was returned to the first-instance court (the Gagarinskiy District Court in Moscow) and was available in its registry on 3 November 2023 (the applicant submits a copy of the electronic tracking system available on the District Court’s Internet site). The applicant alleges that the appeal decision has never been sent to him and that he could obtain a copy of it only in December 2022, after the case file was returned from the appeal court to the first-instance court.)
Art. 5 (1) - unlawful detention - escorting to the police station on 01/04/2022 and the lack of administrative detention record;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
16917/23*
07/08/2021
Aleksandr Sergeyevich PULUDI
1987
Rally “Free Navalnyy”
Kazan
31/01/2021
article 20.2 § 5 of CAO
Fine of
RUB 10,000
Supreme Court of the Republic of Tatarstan
24/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report between 31/01/2021 and 01/02/2021.
[1] Butkevich v. Russia, no. 5865/07, §§ 63-65, 13 February 2018, Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 115-31, 10 April 2018, and Korneyeva v. Russia, no. 72051/17, §§ 34-36, 8 October 2019.
[2] Karelin v. Russia, no. 926/08, §§ 58-85, 20 September 2016.
[3] Mikhaylova v. Russia, no. 46998/08, § 76-84, 19 November 2015.
[4] Schatschaschwili v. Germany [GC], no. 9154/10, §§ 100-31, ECHR 2015, and Murtazaliyeva v. Russia [GC], no. 36658/05, §§ 150-59, 18 December 2018.
[5] Kasparov and Others v. Russia (no. 2), no. 51988/07, §§ 48-51, 13 December 2016.
[6] Martynyuk v. Russia, no. 13764/15, §§ 38-42, 8 October 2019.
[7] Sergey Zolotukhin v. Russia [GC], no. 14939/03, §§ 78-84, ECHR 2009 and A and B v. Norway [GC], nos. 24130/11 and 29758/11, §§ 117-34, 15 November 2016.