Published on 27 March 2023
SECOND SECTION
Application no. 7337/19
Yevgeniy Vyacheslavovich KARPOV against Russia
and 9 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 2 March 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 the complaints raised under Article 6 § 1 of the Convention relating to the lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings which are the subject of well-established case law of the Court (see Karelin v. Russia, no. 926/08, 20 September 2016).
APPENDIX – STATEMENT OF FACTS
List of applications raising complaints under Article 6 § 1 of the Convention
(lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth/registration
Representative’s name and location
Penalty
Date of final domestic decision
Name of court
Other complaints under well-established case-law
7337/19*
21/01/2019
Yevgeniy Vyacheslavovich KARPOV
1988
Ivan Yuryevich Zhdanov
Vilnius
administrative detention of 12 days
administrative fine of RUB 30,000
15/09/2018, Oktyabrskiy District Court of Voronezh
29/07/2022, Voronezh Regional Court
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - on 07/09/2018 the applicant was taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019)
Art. 10 (1) - various restrictions on the right to freedom of expression - Conviction under Article 20.3.3 § 1 of CAO for anti-war video recordings published on the applicant’s Youtube channel/ administrative fine of RUB 30,000/ Voronezh Regional Court on 29/07/2022 (appeal)
16154/19*
12/03/2019
OOO ORION
administrative fine of RUB 300,000
12/09/2018,
Azov Town Court of the Rostov Region
27375/19*
07/05/2019
Aleksey Aleksandrovich KHIMCHENKOV
1984
administrative fine of RUB 5,000
06/12/2018,
Vologda Town Court
43682/19*
31/07/2019
Aleksey Viktorovich KATERBUZOV
1976
administrative fines of RUB 75,000, RUB 75,000 and RUB 100,000
31/01/2019, Nizhniy Novgorod Regional Court
14/02/2019, Nizhniy Novgorod Regional Court
06/06/2019, Nizhniy Novgorod Regional Court
46459/19*
27/08/2019
Artem Aleksandrovich LUKIN
1996
administrative detention of 5 days
01/08/2019, Moscow City Court
49801/19*
14/09/2019
Pavel Pavlovich MALYSHEV
1985
Aleksey Borisovich Vologin
Volsk
administrative fine of RUB 30 000, suspension of the driving licence for 1 year and 9 months
10/09/2019,
Volskiy District Court of the Saratov Region
51465/19*
22/09/2019
Denis Mikhaylovich SEMENOV
1983
Aleksey Alekseyevich Yemelin
Volsk
administrative fine of RUB 30,000, suspension of the driving licence for 1 year and 6 months
23/05/2019,
Volskiy District Court of the Saratov Region
52125/19*
21/09/2019
Dmitriy Yuryevich BEZBEKOV
1985
Aleksey Borisovich Vologin
Volsk
administrative fine of RUB 30,000, suspension of the driving licence for 1 year and 8 months
12/09/2019, Krasnoarmeysk Town Court of the Saratov Region
Art. 6 (3) (c) - free legal assistance - the applicant was deprived of free legal assistance in the administrative-offence proceedings, in particular during the trial on 23/07/2019, which led to the final judgment on 12/09/2019 (Mikhaylova v. Russia, no. 46998/08, §§ 90-95, 19 November 2015)
10657/20*
18/02/2020
Olga Viktorovna GAVRIKOVA
1955
Anna Borisovna Karakozova
Moscow
administrative fine of RUB 20, 000
22/08/2019,
Moscow City Court
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 27/07/2019 for the sole purpose of drawing up a record of 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
12071/20*
25/02/2020
Yana Sergeyevna OPARINA
1995
Yevgeniy Valeryevich Kulakov
Arkhangelsk
administrative fine of RUB 30,000, suspension of the driving licence for 1 year and 7 months
19/11/2019, Solombalskiy District Court of Arkhangelsk