Published on 27 November 2023
FOURTH SECTION
Application no. 38676/21
Tatyana Vladimirovna KOSHKINA against Russia
and 17 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
38676/21
15/07/2021
Tatyana Vladimirovna KOSHKINA
1952
Memorial Human Rights Centre
Moscow
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 detention - arrest, escorting to a police station, detention on 31/01/2021 for the sole purpose of drawing up a record of administrative offence,
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
17/22*
02/12/2021
Tatyana Yuryevna BEZBORODOVA
1995
Darya Dmitriyevna Aksenova
Kolomna
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 20,000
Moscow City Court
21/06/2021
Art. 5 (1) - unlawful detention - arrest and escorting to a police station on and detention on 31/01/2021 the sole purpose of drawing up an offence record,
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 two police officers on whose written statements her conviction was based
1433/22*
30/12/2021
Ivan Viktorovich PROSKURIN
1985
Ivan Yuryevich Zhdanov
Vilnius
Gathering in support of A. Navalnyy
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
19/08/2021
Art. 5 (1) - unlawful detention - arrest, escorting to and detention at the police station on 02/02/2021 for the sole purpose of compiling an offence report,
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 two police officers on whose written statements his conviction was based
3010/22*
22/12/2021
Yegor Leonidovich DOROZHKIN
1989
Andrey Olegovich Valenkov
Nizhniy Novgorod
Rally “Free Navalnyy"
Nizhniy Novgorod
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
21/07/2021
Art. 5 (1) - unlawful detention - arrest, delayed escorting to the police station (3h 25 min), detention on 31/01/2021 for the sole purpose of compiling an offence report,
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 and prosecution witness P. on whose written statements his conviction was based
4339/22*
30/12/2021
Aleksey Sergeyevich ARUTYUNOV
1980
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
03/08/2021
Art. 5 (1) - unlawful detention - arrest, escorting to and detention at the police station on 02/02/2021 for the sole purpose of compiling an offence report,
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
4342/22*
30/12/2021
Yevgeniya Vasilyevna BORISOVA
1955
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
15/07/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station on 23/01/2021 for the sole purpose of compiling an offence report,
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
4347/22*
30/12/2021
Aleksey Andreyevich RYABENKO
2001
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
05/07/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 23/01/2021 for the sole purpose of drawing up an offence record,
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
4432/22*
30/12/2021
Aleksey Gennadyevich BUZANOV
1984
Viktor Valeryevich Kochenkov
Izhevsk
Rally “Free Navalnyy”
Izhevsk
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Udmurt Republic
30/06/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
5358/22*
29/12/2021
Yegor Maksimovich FESHCHISHIN
2003
Leonid Alekseyevich Solovyev
Moscow
Event for fair elections
Moscow
22/09/2021
article 19.3 § 1 of CAO
administrative detention of 10 days
Moscow City Court
27/09/2021
Art. 5 (1) - unlawful detention - arrest, escorting to and detention at the police station between 22/09/2021 and 23/09/2021 as administrative suspect, pending the examination of the case by the first-instance court, and after compiling an offence report,
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 impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
5636/22*
24/12/2021
Pavel Vladimirovich SADIKOV
1971
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Moscow
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
29/07/2021
Art. 5 (1) - unlawful detention - arrest, escorting to and detention at the police station on 28/04/2021 for drawing up an offence record,
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
5638/22*
24/12/2021
Vasiliy Yevgenyevich MASLOV
1997
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
07/07/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station on 31/01/2021 for drawing up an offence report,
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
5641/22*
24/12/2021
Mikhail Aleksandrovich MATROSOV
1987
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 15,000
Moscow City Court
29/06/2021
Art. 5 (1) - unlawful detention - arrest, delayed escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect,
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, as well as three defence witnesses
5645/22*
24/12/2021
Bashir Aliaskhabovich KURBANOV
1984
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
25/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station on 31/01/2021 for the sole purpose of compiling an offence report,
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
5986/22*
13/01/2022
Aleksandr Sergeyevich GALKIN
1991
Andrey Olegovich Valenkov
Nizhniy Novgorod
Rally “Free Navalnyy”
Nizhniy Novgorod
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
14/07/2021
Art. 5 (1) - unlawful detention - arrest, delayed escorting to a police station (3h 30 min.), detention on 31/01/2021 for the sole purpose of compiling an offence report,
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 and prosecution witness P. on whose written statements the applicant’s conviction was based
6530/22*
22/01/2022
Roman Maksimovich SHTEYN
1987
Andrey Olegovich Valenkov
Nizhniy Novgorod
Rally "Free Navalnyy"
Nizhniy Novgorod
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
24/06/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 31/01/2021, for the sole purpose of drawing up the offence record and after such record had been compiled, in excess of three hours,
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 and prosecution witness P. on whose written statements the applicant’s conviction was based
7134/22*
31/01/2022
Nikita Anatolyevich SHULGA
1995
Ivan Yuryevich Zhdanov
Vilnius
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
19/08/2021
Art. 5 (1) - unlawful detention - arrest, escorting to and detention at the police station on 31/01/2021 for the sole purpose of compiling an offence report
18967/22
19/03/2022
Aleksandr Ivanovich IVANOV
1995
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 15,000
Moscow City Court
21/09/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial, and after the offence report had been compiled,
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
20454/22*
07/03/2022
Grigoriy Ivanovich VERSHININ
1990
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Perm
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Perm Regional Court
08/09/2021
Art. 5 (1) - unlawful detention - arrest, escorting to the police station on 31/01/2021 for compiling an offence report,
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
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