Published on 8 January 2024
FIRST SECTION
Application no. 35579/21
Yuliya Nikolayevna KINZHABAYEVA against Russia
and 19 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 30 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 charges (code of administrative offences, CAO)
Penalty
Final domestic decision
Court Name
Date
Other complaints under well-established case-law
35579/21
28/06/2021
Yuliya Nikolayevna KINZHABAYEVA
1997
Anna Yevgenyevna Bochilo
Barnaul
Rally “Free Navalnyy”
Chelyabinsk
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10.000
Chelyabinsk Regional 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 - final decision: Chelyabinsk Regional Court, 28/04/2021,
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 the police officers on whose written statements her conviction was based.
37925/21*
16/07/2021
Andrey Gennadyevich SUKHANOV
1984
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Volgograd
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Volgograd Regional Court
13/05/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.30 p.m. to 11.30 p.m. on 23/01/2021
38631/21*
19/07/2021
Ilya Borisovich PAKHOMOV
1993
Vyacheslav Ilyich Gimadi
Vilnius
Rally “Free Navalnyy”
Moscow
17/01/2021
article 19.3 § 1 of CAO
administrative detention of 10 days
Moscow City Court
18/03/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”:
- from 7.35 p.m. to 10.20 p.m. on 17/01/2021, while a record of administrative offence was drawn on 22/02/2021;
- from 11.30 p.m. on 27/01/2021 to 9.30 a.m. on 28/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 18/03/2021,
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 statements the applicant’s conviction was based.
40544/21*
30/07/2021
Angelina Sergeyevna LEVINA
1992
Ivan Yuryevich Zhdanov
Vilnius
Rally “Free Navalnyy”
Tambov
31/01/2021
article 20.2 § 6.1 of CAO
administrative detention of 15 days
Tambov Regional Court
05/02/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Tambov Regional Court, 05/02/2021.
40585/21*
27/07/2021
Marina Petrovna LIMAR
1987
Darya Dmitriyevna Aksenova
Kolomna
Rally “Free Navalnyy”
Moscow, Komsomolskaya Square
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 15,000
Moscow City Court
24/03/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence 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 - final decision: Moscow City Court, 24/03/2021,
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 her conviction was based.
40677/21
25/07/2021
Galina Yevgenyevna MANENKOVA
1971
Varvara Dmitriyevna Mikhaylova
St Petersburg
Rally “Free Navalnyy”
Smolensk
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Smolensk Regional Court
10/03/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a court on 29/01/2021. After the applicant voluntary came to the police station, she was escorted to the first-instance hearing in her administrative-offence case,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: 10/03/2021, Smolensk Regional Court.
40941/21*
28/07/2021
Ulyana Dmitriyevna KOLUSENKO
1993
Dmitriy Valeryevich Sotnikov
Moscow
Rally “Free Navalnyy”
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
administrative detention of 10 days
Moscow City Court
11/02/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 11/02/2021,
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 her conviction was based.
41461/21*
05/08/2021
Anastasiya Igorevna KRIVENKO
1999
Aleksandr Yevgenyevich Pomazuyev
Vilnius
Rally “Free Navalnyy”
Tambov
31/01/2021
article 20.2 § 6.1 of CAO
administrative detention of 7 days
Tambov Regional Court
17/02/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 1.30 p.m. on 31/01/2021 to 1.50 p.m. on 01/02/2021, hearing in the applicant’s administrative-offence case,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Tambov Regional Court, 17/02/2021,
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 her 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.
42216/21*
09/08/2021
Timur Shakhinovich BABAYEV
1996
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
administrative detention of 10 days
Moscow City Court
09/02/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 09/02/2021.
42291/21*
07/08/2021
Elina Aleksandrovna PULUDI
1963
Rally “Free Navalnyy"
Kazan
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
24/03/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 2.00 p.m. on 31/01/2021 to 01/02/2021, hearing in the applicant’s administrative-offence case; the applicant spent 7 hours in the police van.
43002/21*
23/08/2021
Yaroslav Igorevich TIKHONOV
1988
Ivan Yuryevich Zhdanov
Vilnius
Rally “Free Navalnyy"
Yaroslavl
23/01/2021
Rally “Free Navalnyyé
Yaroslavl
31/01/2021
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
fine of RUB 10,000
fine of RUB 10,000
Yaroslavl Regional Court
14/05/2021
Yaroslavl Regional Court
11/05/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from on 2.00 p.m. to 6.00 p.m. on 31/01/2021
43449/21*
23/08/2021
Tatyana Yuryevna SHISHKINA
1966
Ivan Yuryevich Zhdanov
Vilnius
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
fine RUB 10,000
Moscow City Court
02/04/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 12.30 a.m. on 31/01/2021 to 01/02/2021 in the morning,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 02/04/2021,
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.
43462/21*
23/08/2021
Dmitriy Segeyevich BATALIN
1995
Ivan Yuryevich Zhdanov
Vilnius
Rally “Free Navalnyy”
Yaroslavl
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Yaroslavl Regional Court
15/04/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.30 p.m. to 10.30 p.m. on 23/01/2021.
43771/21*
23/08/2021
Roman Ramilevich NAZIROV
1995
Ivan Yuryevich Zhdanov
Vilnius
Rally “Free Navalnyy”
Tula
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Tula Regional Court
02/03/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 2.00 p.m. to 10.00 p.m. on 23/01/2021, hearing in the applicant’s administrative-offence case,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Tula Regional Court, 02/03/2021,
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 the police officers on whose written statements his conviction was based.
43773/21*
23/08/2021
Mikhail Aleksandrovich KREYNES
1987
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
16/04/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.00 p.m. on 31/01/2021 to 1.00 a.m. 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 - final decision: Moscow City Court, 16/04/2021,
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.
43915/21*
23/08/2021
Rasul Ayratovich MULLATAGIROV
1994
Ivan Yuryevich Zhdanov
Vilnius
Rally “Free Navalnyy”
Ufa
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Bashkortostan Republic
05/05/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 12.50 p.m. to 3.50 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 - final decision: Supreme Court of the Bashkortostan Republic, 05/05/2021,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - The applicant complained of the inability to cross-examine in open court the police officers on whose written statements his conviction was based.
48347/21*
25/07/2021
Aleksandr Aleksandrovich BYKOV
1990
Darya Dmitriyevna Aksenova
Kolomna
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
administrative detention of 8 days
Moscow City Court
13/05/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 1.20 p.m. on 31/01/2021 to 01/02/2021, hearing in the applicant’s administrative-offence case,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 13/05/20201,
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 the police officers on whose written statements her conviction was based.
49717/21*
17/09/2021
Dmitriy Gennadyevich CHESNOKOV
1998
Vladislav Vladimirovich Kosnyrev
Syktyvkar
Rally “Free Navalnyy”
Syktyvkar
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 12,000
Supreme Court of the Komi Republic
17/03/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 1.40 p.m. to 7.40 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 - final decision: Supreme Court of the Komi Republic, 17/03/2021.
50261/21*
24/09/2021
Viktor Andreyevich SPERANSKIY
1991
Darya Dmitriyevna Aksenova
Kolomna
Rally “Free Navalnyy”
Moscow
23/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 15,000
Moscow City Court
26/04/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, on 23/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 26/04/2021,
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 the police officers on whose written statements his conviction was based.
51223/21*
08/10/2021
Aleksandr Vladimirovich VELIKIY
1991
Ivan Yuryevich Zhdanov
Vilnius
Rally “Free Navalnyy”
Kazan
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
14/04/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.00 p.m. on 31/01/2021 to 01/02/2021, hearing in the applicant’s administrative-offence case.
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