Published on 27 March 2023
THIRD SECTION
Application no. 21527/18
Stanislav Vitalyevich KOTOV against Russia
and 8 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 10 March 2022, 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 6 § 1 of the Convention relating to 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
Representative’s name and location
Penalty
Date of final domestic decision
Name of court
Other complaints under well-established case-law
21527/18*
19/04/2018
Stanislav Vitalyevich KOTOV
1970
fine of RUB 20,000
11/01/2018, Arkhangelsk Regional Court
26172/18*
21/05/2018
Aleksey Sergeyevich VINOGRADOV
1986
community service of
120 hours
10/05/2018,
Volsk District Court of the Saratov Region
28777/18*
05/06/2018
Yashar Ali ogly BADALOV
1963
fine of RUB 30,000;
suspension of driving licence for 1 year and 7 months
30/05/2018,
Volsk District Court of the Saratov Region
30638/18*
13/06/2018
Aleksandr Sergeyevich POSKREBETYEV
1973
Yevgeniy Valeryevich Kulakov
Arkhangelsk
fine of RUB 30,000, suspension of driving licence
23/05/2018, Lomonosovskiy District Court of Arkhangelsk
31412/18
25/06/2018
Artem KOGAN
1967
Memorial Human Rights Centre
Moscow
fine of RUB 20,000
22/01/2018,
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 12/06/2017 (raised on appeal in the administrative proceedings:
detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)‑(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121‑22, 10 April 2018);
Applicant 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).
31427/18
25/06/2018
Aleksandr PALTSEV
1967
Memorial Human Rights Centre
Moscow
fine of RUB 15,000
02/02/2018,
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 12/06/2017 (raised on appeal in the administrative proceedings): Detention as an administrative suspect: beyond the three-hour statutory period
(Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121‑22, 10 April 2018); Applicant 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. 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 and to submit evidence in defence of the applicant’s version of events on an equal footing with the prosecution.
31871/18*
18/06/2018
Oleg Fedorovich KRENEV
1977
fine of RUB 30,000, suspension of driving licence
23/05/2018, Lomonosovskiy District Court of Arkhangelsk
33004/18
09/07/2018
Ivan Vyacheslavovich YEZHOV
1988
Memorial Human Rights Centre
Moscow
fine of RUB 10,000
22/03/2018, 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 12/06/2017 from 5 p.m. to 9.45 p.m. (raised on appeal in the administrative proceedings): Applicant 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)
Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018);
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.
33226/18*
05/07/2018
Oleg Aleksandrovich ZHARIKOV
1984
fine of RUB 30,000, suspension of driving licence
25/06/2018,
Volsk District Court of the Saratov Region