Published on 30 October 2023
FOURTH SECTION
Application no. 40328/21
Yuriy Yuryevich KOROTITSKIY against Russia
and 19 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 5 October 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
40328/21*
30/07/2021
Yuriy Yuryevich KOROTITSKIY
1995
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
23/01/2021
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 5 of CAO
article 20.2 § 6.1 of CAO
fine of RUB 15,000
detention for 13 days
Moscow City Court
25/05/2021
Moscow City Court
05/02/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 6:00 p.m. on 23/01/2021 and 1:00 a.m. on 24/01/2021; detention in the police van between 11:45 p.m. on 02/02/2021 and 1:00 a.m. on 03/02/2021; escorting to and detention at the police station for compiling an offence record between 1:00 a.m. on 03/02/2021 and 10:00 a.m. on 04/02/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of administrative proceedings (concerning the events of 23/01/2021 and 02/02/2021),
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, in both sets of administrative proceedings (concerning the events of 23/01/2021 and 02/02/2021)
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.
40332/21*
30/07/2021
Anastasiya Igorevna KRIVENKO
1999
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Tambov
31/01/2021
article 20.2 § 6.1 of CAO
detention for 7 days
Tambov Regional Court
17/02/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 1:20 p.m. on 31/01/2021 and noon 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 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
44511/21*
17/08/2021
Damir Radikovich ISMAGILOV
1999
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 8 of CAO
detention for 15 days
Moscow City Court
17/02/2021
Art. 5 (1) - unlawful detention - detention in the police van between 10:00 p.m. and 11:30 p.m. on 02/02/2021; escorting to and detention at the police station for compiling an offence record between 11:30 p.m. on 02/02/2021 and 7:00 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) - 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) - lack of fair hearing - refusal to allow evidence in support of the applicant’s account of events (video or photo records of his arrest), poor quality of a video link during the appeal hearing of the applicant’s case,
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.
49912/21*
28/09/2021
Yegor Vladimirovich SPIRIDONOV
1997
Konstantin Aleksandrovich Markin
Velikiy Novgorod
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
detention for 10 days
Moscow City Court
30/03/2021
Art. 5 (1) - unlawful detention:
- escorting to and detention at the police station for compiling an offence record between 11:30 p.m. on 02/02/2021 and 7:00 p.m. on 03/02/2021;
- failure of the court, in imposing the administrative punishment on the applicant, to take into account the period during which the applicant was detained in the police station,
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 - Right of appeal against criminal conviction/sentence - 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,
51192/21
17/09/2021
Igor Sergeyevich CHERVONNYY
1969
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
18/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 2:00 p.m. and 10:40 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,
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
51264/21*
08/10/2021
Yaroslav Gelyevich KAZEYEV
1982
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
29/07/2021
Art. 5 (1) - unlawful detention - arrest at 11:00 a.m. on 02/02/2021 and detention in the police van for 3 hours, escorting to the police station for compiling an offence record on 02/02/2021 detention there until 5:00 p.m.,
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
51385/21*
30/09/2021
Ivan Viktorovich LUZIN
1981
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Kaliningrad
31/01/2021
Rally "Free Navalnyy"
Kaliningrad
21/04/2021
article 20.2 § 5 of CAO
article 20.2 § 8 of CAO
fine of RUB 15,000
detention for 21 days
Kaliningrad Regional Court
06/04/2021
Kaliningrad Regional Court
30/04/2021
Art. 10 (1) - disproportionate measures against solo demonstrators – on 21/08/2020 in Kaliningrad / solo protest in support of Navalnyy / conviction under Article 20.2 § 5 of CAO to a fine of RUB 10,000 / final decision by the Kaliningrad Regional Court on 30/03/2021,
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between:
1:00 p.m. and 4:50 p.m. on 31/01/2021; 7:45 p.m. on 21/04/2021 and 2:30 p.m. 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 (in connection with events oo 21/04/2021),
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 the applicant’s conviction was based
(in connection with events on 21/04/2021)
51400/21
08/10/2021
Vladimir Viktorovich MURZIN
1969
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Tambov
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Tambov Regional Court
12/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 12:45 p.m. and 4:55 p.m. 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,
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
51438/21*
08/10/2021
Irakliy Vakhtangovich BOGIYEV
1993
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
Rally "Free Navalnyy"
Moscow
21/04/2021
article 20.2 § 5 of CAO
article 20.2 § 8 of CAO
fine of RUB 10,000
fine of RUB 15,000
Moscow City Court
14/04/2021
Moscow City Court
25/08/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of the administrative proceedings (concerning the events on 31/01/2021 and 21/04/2021),
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 5:10 p.m. on 31/01/2021 and 2:30 a.m. on 01/02/2021; detention at the police station (where the applicant came upon insistence of a local police officer) for compiling an offence record between 9:30 a.m. and 1:30 p.m. on 12/05/2021 in connection with his participation in the rally on 21/04/2021,
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 the applicant’s conviction was based, in both sets of the administrative proceedings (concerning the events on 31/01/2021 and 21/04/2021),
Art. 8 (2) - restrictions on the right to private life of participants in public assemblies - The applicant complained about the videorecording of his participating in the rally on 21/04/2021, facial recognition technique, storing and using those records against him in the administrative proceedings.
51469/21*
08/10/2021
Aleksandr Pavlovich VASIN
1998
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Penza
23/01/2021
Rally "Free Navalnyy"
Penza
31/01/2021
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
20 hours of community work
30 hours of community work
Penza Regional Court
08/04/2021
Penza Regional Court
15/04/2021
Art. 6 (1) lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both administrative cases (concerning the events on 23/01/2021 and 31/01/2021),
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 1:30 p.m. and 6:30 p.m. on 31/01/2021,
Art. 6 (1) - unfair criminal proceedings - refusal to allow evidence in support of the applicant’s account of events (one of the witnesses’ cell phone records) in Oktyabrskiy District Court of Penza / 08/02/2021 and Penza Regional Court / 15/04/2021,
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 the applicant’s conviction was based in both administrative cases (concerning the events on 23/01/2021 and 31/01/2021)
53954/21*
18/10/2021
Andrey Sergeyevich YEGOROV
1984
Tatyana Georgiyevna Martynova
Pskov
Rally "Free Navalnyy"
Pskov
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 12,000
Pskov Town Court
19/04/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record on 31/01/2021;
53963/21*
18/10/2021
Aleksey Vladimirovich MALOV
1978
Tatyana Georgiyevna Martynova
Pskov
Rally "Free Navalnyy"
Pskov
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Pskov Regional Court
17/05/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record 31/01/2021;
54560/21*
15/10/2021
Sven Karlovich NORDIN
1983
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Kaliningrad
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Kaliningrad Regional Court
22/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 8:15 p.m. and 11:20 p.m. on 21/04/2021,
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 the applicant’s conviction was based
54829/21*
28/10/2021
Yevgeniy Yevgenyevich CHESHKIN
1981
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Perm
31/01/2021
Rally "Free Navalnyy"
Perm
21/04/2021
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
fine of RUB 10,000
fine of RUB 10,000
Perm Regional Court
09/06/2021
Perm Regional Court
02/08/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of the administrative proceedings (in connection with events on 31/01/2021 and 21/04/2021),
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 1:00 p.m. and 6:20 p.m. on 31/01/2021,
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, in both sets of the administrative proceedings (in connection with events on 31/01/2021 and 21/04/2021)
55885/21*
29/10/2021
Viktor Vladimirovich KUZNETSOV
1997
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Kazan
31/01/2021
article 20.2 § 2 of CAO
fine of RUB 10,000
Supreme Court of the Republic of Tatarstan
12/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 12:40 p.m. on 31/01/2021 and 3:50 p.m. on 01/02/2021;
59667/21*
17/11/2021
Dmitriy Lvovich PYLKIN
1972
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
St Petersburg
31/01/2021
Anti-war rally
St Petersburg
25/02/2022
article 20.2.2 § 1 of CAO
article 20.2.2 § 4 of CAO
fine of RUB 15,000
detention for 20 days
St Petersburg City Court
18/05/2021
St Petersburg City Court
01/03/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 2:23 p.m. on 31/01/2021 and 2:30 a.m. on 01/02/2021 and between 7:35 p.m. on 25/02/2022 and 1:30 p.m. on 26/02/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of the administrative 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, in both sets of the administrative proceedings,
Art. 6 (1) - unfair criminal proceedings - Refusal of the court to grant the applicant’s request to adduce evidence in support of the applicant’s account of events (video and photo material) / 26/02/2022 Pushkinskiy District Court of St Petersburg / 01/03/2022 St Petersburg City Court
59896/21*
24/11/2021
Grigoriy Grigoryevich TREFILOV
2002
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
Rally "Free Navalnyy"
Moscow
21/04/2021
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
fine of RUB 10,000
fine of RUB 20,000
Moscow City Court
17/06/2021
Moscow City Court
23/08/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 4:30 p.m. and 11:30 p.m. on 31/01/2021 and between 8:00 a.m. and 1:30 p.m. on 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 - in both sets of the administrative proceedings (in connection with events on 31/01/2021 and 21/04/2021),
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 the applicant’s conviction was based, in both sets of the administrative proceedings (in connection with events on 31/01/2021 and 21/04/2021)
8423/22*
25/01/2022
Yevgeniy Nikolayevich YEFREMOV
1981
Memorial Human Rights Centre
Moscow
Meeting with people’s representatives
Moscow
20/09/2021
article 20.2 § 8 of CAO
detention for 15 days
Moscow City Court
01/10/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between noon of 25/09/2021 and 10:00 a.m. on 27/09/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Prot. 7 Art. 2 - Right of appeal against criminal conviction/sentence - 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
20448/22
07/03/2022
Kirill Rishatovich CHURAKOV
1997
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
29/09/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 7:15 p.m. and 11:00 p.m. 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
24873/22*
23/03/2022
Alina Anatolyevna PONOMAREVA
1975
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Voronezh
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 5,000
Voronezh Regional Court
30/09/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 2:30 p.m. and 9:30 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
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