Published on 8 January 2024
SECOND SECTION
Application no. 24147/21
Aleksey Maksimovich KOMPANIYETS against Russia
and 24 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 / criminal offence
Penalty
Final domestic decision
Court Name
Date
Other complaints under well-established case-law
24147/21
16/04/2021
Aleksey Maksimovich KOMPANIYETS
1992
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
detention for 12 days
Moscow City Court
08/02/2021
Art. 5 (1) - unlawful detention - arrest and detention from 3.02 p.m. on 31/01/2021 to 5.30 p.m. on 01/02/2021 until the court hearing for the sole purpose of drawing up an administrative offence record, raised on appeal,
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, on 08/02/2021,
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 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
31707/21
07/06/2021
Aleksey Nikolayevich RODIONOV
1991
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
detention for 15 days
Moscow City Court
09/02/2021
Art. 5 (1) - unlawful detention - arrest and detention from 11.05 a.m. on 02/02/2021 to 3 p.m. on 03/02/2021 until the court hearing for the sole purpose of drawing up an administrative offence record, raised on appeal,
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,
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; denial of opportunity to adduce evidence in support of the applicant’s account of events (video records of his arrest),
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
45313/21
23/08/2021
Tatyana Viktorovna SITNICHKINA
1999
Aleksey Vladimirovich Glukhov
Novocheboksarsk
Rally “Free Navalnyy”
Cheboksary
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Chuvashia Republic
19/03/2021
Art. 5 (1) - unlawful detention - arrest and detention on 23/01/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal;
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 Chuvashia Republic, 19/03/2021,
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 the applicant’s conviction was based
45320/21
23/08/2021
Anastasiya Ruslanovna ANDRIYANOVA
2000
Aleksey Vladimirovich Glukhov
Novocheboksarsk
Rally “Free Navalnyy”
Cheboksary
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Chuvashia Republic
23/03/2021
Art. 5 (1) - unlawful detention - arrest and detention on 23/01/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,
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 Chuvashia Republic, 23/03/2021,
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 the applicant’s conviction was based
45335/21
23/08/2021
Olga Arkadyevna KHRASTINOVA
1990
Aleksey Vladimirovich Glukhov
Novocheboksarsk
Rally “Free Navalnyy”
Cheboksary
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Chuvashia Republic
30/03/2021
Art. 5 (1) - unlawful detention - arrest and detention on 23/01/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,
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 Chuvashia Republic, 30/03/2021,
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 the applicant’s conviction was based
45336/21
30/08/2021
Mariya Aleksandrovna ZAGVOZKINA
1998
Vladimir Valeryevich Vasin
Krasnoyarsk
Rally “Free Navalnyy”
Krasnoyarsk
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Krasnoyarsk Regional 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 - Final decision: Krasnoyarsk Regional Court, 03/06/2021
45339/21
30/08/2021
Aleksandra Andreyevna POLEZHAYEVA
1993
Vladimir Valeryevich Vasin
Krasnoyarsk
Rally “Free Navalnyy”
Krasnoyarsk
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Krasnoyarsk Regional Court
20/05/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Krasnoyarsk Regional Court, 20/05/2021
45344/21
30/08/2021
Semen Vitalyevich GUSAROV
2001
Vladimir Valeryevich Vasin
Krasnoyarsk
Rally “Free Navalnyy”
Krasnoyarsk
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Krasnoyarsk Regional Court
03/06/2021
Art. 5 (1) - unlawful detention - arrest and detention from 3 p.m. on 23/01/2021 to 4.30 p.m. on 25/01/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,
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
45375/21*
12/08/2021
Marat Anasovich KAMALOV
1968
Regina Ilgizovna Shagiyeva
Leninigorsk
Rally "Free Navalnyy"
Naberezhnyye Chelny
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
26/05/2021
Art. 5 (1) - unlawful pre-trial detention - arrest and detention on 31/01/2021 and 22/03/2021 for the sole purpose of drawing up an administrative offence record; escorting to the police station on 03/02/2021 without compiling any reports; arrest and escorting to the Naberezhnyye Chelny City Court on 19/04/2021; raised on appeal,
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
53283/21*
09/10/2021
Artem Andreyevich GAVRILOV
1989
Aleksandr Vasilyevich Savin
Stavropol
Rally “Free Navalnyy”
Stavropol
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Stavropol Regional Court
08/09/2021
Art. 5 (1) - unlawful detention - arrest and detention on 21/04/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Stavropol Regional Court, 08/09/2021,
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 the applicant’s conviction was based
1426/22*
30/12/2021
Nikita Nilolayevich KATAYEV
1985
Ivan Yuryevich Zhdanov
Vilnius
Rally “Free Navalnyy”
Perm
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Perm Regional Court
12/07/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Perm Regional Court, 12/07/2021,
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 the applicant’s conviction was based
14670/22*
26/02/2022
Aleksandr Viktorovich TISHCHENKO
1993
Rally “Free Navalnyy”
Voronezh
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Voronezh Regional Court
31/08/2021
Art. 5 (1) - unlawful detention - arrest and detention from 4 p.m. on 23/01/2021 to 12 a.m. on 24/01/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Voronezh Regional Court, 31/08/2021,
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 the applicant’s conviction was based
17064/22
05/03/2022
Anastasiya Anatolyevna YURCHENKO
1978
Vyacheslav Sergeyevich Ivanets
Tbilisi, Georgia
Rally “Free Navalnyy”
Usolye-Sibirskoye
20/11/2021
article 20.2 § 2 of CAO
fine of RUB 20,000
Irkutsk Regional Court
08/02/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Irkutsk Regional Court, 08/02/2022
23615/22*
28/03/2022
Artem Viktorovich RYABOV
1992
Memorial Human Rights Centre
Moscow
Meeting with an MP
Moscow
25/09/2021
article 19.3 § 1 of CAO
article 20.2 § 5 of CAO
detention for 7 days
fine of RUB 10,000
Moscow City Court
29/09/2021
Moscow City Court
01/02/2022
Art. 5 (1) - unlawful detention - arrest and detention from 4.30 p.m. on 25/09/2021 to 2.15 p.m. on 27/09/2021 until court hearing for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decisions: Moscow City Court, 29/09/2021 and 01/02/2022,
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 and to adduce the evidence in both sets of proceedings,
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,
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. 19.3 § 1 of CAO) with substantially the same facts underlying his conviction in the first set of proceedings (Art. 20.2 § 5 of CAO)
24677/22*
06/08/2021
Maksim Sergeyevich DOROSHENKO
1996
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
detention for 7 days
Moscow City Court
13/05/2021
Art. 5 (1) - unlawful detention - arrest and detention from 1.55 p.m. on 31/01/2021 to 5 p.m. on 01/02/2022 until court hearing for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Moscow City Court, 13/05/2021,
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 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
24684/22*
06/08/2021
Dmitriy Romanovich YEPISHIN
1998
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
detention for 7 days
Moscow City Court
26/02/2021
Art. 5 (1) - unlawful detention - arrest and detention from 4.20 p.m. on 31/01/2021 to 12 p.m. on 01/02/2021 until court hearing for the sole purpose of drawing up an administrative offence record, raised on appeal,
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, 26/02/2021,
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 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
24699/22*
06/08/2021
Aleksey Aleksandrovich KAYGORODTSEV
1993
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
detention for 7 days
Moscow City Court
26/02/2021
Art. 5 (1) - unlawful detention - arrest and detention from 2.50 p.m. on 31/01/2021 to 5.40 p.m. on 01/02/2021 until court hearing for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Moscow City Court, 26/02/2021,
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 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
36204/22
04/07/2022
Olga Vadimovna MELNIKOVA
1991
Olga Vladimirovna Sirinova
St Petersburg
Anti-war protest
St Petersburg
15/02/2022
article 20.2 § 2 of CAO
fine of RUB 20,000
St Petersburg City Court
05/05/2022
Art. 5 (1) - unlawful detention - arrest and detention from 8.30 p.m. on 24/02/2022 to 5.57 p.m. on 25/02/2022 for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: St Petersburg City Court, 05/05/2022,
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
37271/22*
06/07/2022
Pavel Valeryevich YAKOVLEV
1984
Natalya Andreyevna Baranova
Moscow
Anti-war protest
St Petersburg
03/03/2022
article 20.2 § 6.1 of CAO
detention for 5 days
St Petersburg City Court
14/04/2022
Art. 5 (1) - unlawful detention - arrest and detention from 7.53 p.m. on 03/03/2022 to 12 p.m. on 04/03/2022 for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: St Petersburg City Court,14/04/2022,
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
40249/22*
30/07/2022
Mikhail Vladimirovich KAZAKOV
2000
Olimpiada Valentinovna Usanova
Nizhniy Novgorod
Anti-war protest
Nizhniy Novgorod
24/02/2022
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
18/05/2022
Art. 5 (1) - unlawful detention - arrest and detention from 7.40 p.m. on 24/02/2022 to 6.20 p.m. on 25/02/2022 until court hearing for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Nizhniy Novgorod Regional Court, 18/05/2022
41422/22
13/08/2022
Pavel Vladimirovich LAPIN
1997
Mariya Sergeyevna Zyryanova
St Petersburg
Anti-war protest
St Petersburg
24/02/2022
article 20.2 § 6.1 of CAO
detention for 5 days
St Petersburg City Court
14/04/2022
Art. 5 (1) - unlawful detention - arrest and detention from 24/02/2022 to 25/02/2022 for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: St Petersburg City Court, 14/04/2022,
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
41720/22*
12/08/2022
Ilya Anatolyevich KORKISHKO
1997
Natalya Andreyevna Baranova
Moscow
Anti-war protest
St Petersburg
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
St Petersburg City Court
12/04/2022
Art. 5 (1) - unlawful detention - arrest and detention from 5.26 p.m. on 06/03/2022 to 3.14 p.m. on 07/03/2022 until court hearing for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - St Petersburg City Court, 12/04/2022,
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
47539/22*
16/09/2022
Natalya Nikolayevna YERMOLINA-LUGOVSKAYA
1972
Anti-war protest
Samara
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Samara Regional Court
09/06/2022
Art. 5 (1) - unlawful detention - arrest and detention from 2.30 p.m. to 9.25 p.m. on 06/03/2022 for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Samara Regional Court, 09/06/2022,
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
48595/22*
25/09/2022
Guliya Faridovna MUKHAMETZYANOVA
1993
Rim Faridovich Sabirov
Kazan
Anti-war protest
Kazan
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
25/05/2022
Art. 5 (1) - unlawful detention - arrest and detention from 06/03/2022 to 07/03/2022 until court hearing for the sole purpose of drawing up an administrative offence record, raised on appeal,
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 Tatarstan Republic, 25/05/2022,
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
50135/22
14/10/2022
Anastasiya Andreyevna IBASHYAN
2003
Varvara Dmitriyevna Mikhaylova
St Petersburg
Anti-war protest
Moscow
28/02/2022
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
11/07/2022
Art. 5 (1) - unlawful detention - arrest and detention on 28/02/2022 for the sole purpose of drawing up an administrative offence record, raised on appeal,
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, 11/07/2022,
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
Full & Egal Universal Law Academy