Published on 27 November 2023
FIFTH SECTION
Application no. 32918/21
Alina Aleksandrovna KARLOVA against Russia
and 13 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 2 November 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 offence
Penalty
Final domestic decision
Court Name
Date
Other complaints under well-established case-law
32918/21
01/06/2021
Alina Aleksandrovna KARLOVA
2002
Vladimir Valeryevich Vasin
Krasnoyarsk
Rally to support the Khabarovsk region
Krasnoyarsk
15/08/2020
article 20.2 § 5 of CAO
fine of RUB 10,000
Krasnoyarsk Regional Court
10/12/2020
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
41210/21
04/08/2021
Lev Vyacheslavovich KRYLENKOV
1977
Mikhail Germanovich Shiolashvili
St Petersburg
Rally “Free Navalnyy”
St Petersburg
31/01/2021
article 20.2.2
§ 1 of CAO
detention for 12 days
St Petersburg City Court
05/02/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 4.25 p.m. on 31/01/2021 until 12 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,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant by the trial court was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
41595/21*
04/08/2021
Anton Aleksandrovich MAKHANKO
1986
Aleksandr Dmitriyevich Peredruk
St Petersburg
Rally “Free Navalnyy”
St Petersburg
23/01/2021
article 20.2.2
§ 1 of CAO
detention for 7 days
St Petersburg City Court
16/02/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 7 p.m. on 23/01/2021 until 2 p.m. on 24/01/2021,
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,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant by the trial court was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
41600/21*
04/08/2021
Yaroslav Sergeyevich PUTROV
1998
Aleksandr Dmitriyevich Peredruk
St Petersburg
Rally "Free Navalnyy"
St Petersburg
31/01/2021
article 20.2.2
§ 1 of CAO
detention for 10 days
St Petersburg City Court
10/02/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 1.45 p.m. on 31/01/2021 until 5.45 p.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,
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,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant by the trial court was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
41682/21
04/08/2021
Yevgeniy Sergeyevich SAMUYLOV
1999
Aleksandr Dmitriyevich Peredruk
St Petersburg
Rally "Free Navalnyy"
St Petersburg
31/01/2021
article 20.2.2
§ 1 of CAO
detention for 6 days
St Petersburg City Court
09/02/2021
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 11 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,
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,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant by the trial court was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
51807/21*
23/09/2021
Patrik Yevgenyevich DUKSIN
2001
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 1.28 p.m. until 6 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.
51891/21*
23/09/2021
Sofya Alekseyevna OSTROVSKAYA
1996
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 4 p.m. on 31/01/2021 until 1 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,
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 trial in administrative offence proceedings - no possibility to question defence witnesses.
52716/21
15/10/2021
Denis Yevgenyevich KAPLENKO
1968
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
St Petersburg
31/01/2021
article 20.2.2
§ 1 of CAO
fine of RUB 15,000
St Petersburg City Court
27/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.40 p.m. on 31/01/2021 until 1.40 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.
52747/21*
15/10/2021
Igor Andreyevich BORODKO
1981
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
St Petersburg
21/04/2021
article 20.2.2
§ 1 of CAO
detention for 15 days
St Petersburg
City Court
23/04/2021
Art. 3 - inadequate conditions of detention during transport - poor conditions of transfer in a police bus on 21/04/2021 for 3 hours and 45 minutes: cramped conditions (with 50 other demonstrators in a bus with significantly less than 50 places), no ventilation,
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 8 p.m. on 21/04/2021 until 11.05 p.m. on 22/04/2021,
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,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant by the trial court was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
54282/21*
21/10/2021
Artem Aleksandrovich VAYTITSKIY
1995
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
St Petersburg
21/04/2021
article 20.2.2
§ 1 of CAO
detention for 12 days
St Petersburg City Court
27/04/2021
Art. 3 - inadequate conditions of detention during transport - poor conditions of transfer in a police van on 21/04/2021 for 2 hours 20 minutes: cramped conditions (more detainees than seats so that the applicant and others had to stand, lack of ventilation while too hot, a detainee vomited),
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 8.35 p.m. on 21/04/2021 until 5.30 p.m. on 22/04/2021,
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 trial in administrative offence proceedings - no possibility to adduce evidence or question a defence witness,
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.
54529/21*
18/10/2021
Yuliya Mikhaylovna DEMENTIYENKO
1972
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
St Petersburg
21/04/2021
article 20.2.2
§ 1 of CAO
detention for 12 days
St Petersburg City Court
28/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 7.50 p.m. on 21/04/2021 until 4.30 p.m. on 22/04/2021,
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,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant by the trial court was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
54553/21*
15/10/2021
Aleksandr Igorevich KARPINSKIY
1986
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
St Petersburg
21/04/2021
article 20.2.2
§ 1 of CAO
detention for 7 days
St Petersburg City Court
27/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 7.30 p.m. on 21/04/2021 until 4 p.m. on 22/04/2021,
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,
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.
54565/21
17/10/2021
Ulyana Sergeyevna NESHKO
1998
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
St Petersburg
02/02/2021
article 20.2.2
§ 1 of CAO
fine of RUB 10,000
St Petersburg City Court
03/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 11.55 p.m. on 02/02/2021 until 5.30 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) - 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.
55132/21*
17/10/2021
Anastasiya Olegovna MARYINA
1994
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Tambov
21/04/2021
article 20.2
§ 6.1 of CAO,
article 20.6.1
§ 1 of CAO
detention for 3 days;
fine of RUB 3,000
Tambov Regional Court
31/05/2021
and 21/07/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 11.20 a.m. until 2.30 p.m. on 18/05/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of administrative-offence proceedings,
Art. 8 (2) - restrictions on the right to private life of participants in public assemblies - use of facial recognition technology for the identification of the applicant as a participant of a rally and her subsequent conviction (raised on appeal),
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. 20.6.1 § 1 of CAO, participation in the unauthorised rally creating obstacles to pedestrians) with substantially the same facts underlying his conviction in the first set of proceedings (Art. 20.2 § 6.1 of CAO, participation in the unauthorised rally without social distancing).
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