Published on 8 January 2024
FIFTH SECTION
Application no. 4245/22
Grigoriy Nikolayevich KUDRYASHOV against Russia
and 23 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
4245/22*
21/12/2021
Grigoriy Nikolayevich KUDRYASHOV
1994
Rally in support of A. Navalnyy
St. Petersburg
31/01/2021
article 20.2.2 § 1 of CAO
fine of RUB 10,000
St. Petersburg City Court
22/06/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 31/01/2021 for the sole purpose of drawing up 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 open court police officers on whose written statements the conviction was based
4558/22*
17/12/2021
Aleksey Alekseyevich SEDOV
2002
Memorial Human Rights Centre
Moscow
Rally in support of A. Navalnyy
St Petersburg
31/01/2021
Anti-war rally
St Petersburg
13/03/2022
article 20.2.2. § 1 of CAO
article 20.2.2. § 4 of CAO
fine of RUB 10,000
fine of RUB 150,000
St Petersburg City Court
27/07/2021
St Petersburg City Court
12/07/2022
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 13/03/2022 and 14/03/2022 as administrative suspect, pending trial and after the offence record 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 - both sets of the proceedings,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - first set of the proceedings - inability to cross-examine in open court police officers on whose written statements the conviction was based
5132/22*
30/12/2021
Tatyana Vladimirovna NOVIKOVA
1992
Mariya Sergeyevna Zyryanova
St Petersburg
Rally in support of A. Navalnyy
St Petersburg
31/01/2021
article 20.2.2. § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
10/08/2021
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 open court police officers on whose written statements the conviction was based
7987/22*
13/01/2022
Andrey Vladimirovich KOCHEMASOV
1998
Veronika Yuryevna Karagodina
St Petersburg
Rally in support of A. Navalnyy
St Petersburg
31/01/2021
article 20.2.2 § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
15/07/2021
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 during the court proceedings the police officers on whose written statements his conviction was based,
Art. 6 (1) - unfair trial in administrative offence proceedings - inability to submit evidence in support of the applicant’s position - the courts’ refusal to admit a video footage of the events adduced by the defence
30219/22*
31/05/2022
Valeriya Aleksandrovna KOTOVA
1988
Natalya Andreyevna Baranova
Moscow
Anti-war protest
St Petersburg
27/02/2022
article 20.2.2 § 1 of CAO
detention for 8 days
St Petersburg City Court
22/03/2022
Art. 5 (1) - unlawful detention - arrest, escorting to the police station, detention between 27/02/2022 and 28/02/2022 as an administrative suspect, pending trial, after the offence record 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,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 28/02/2022 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
31739/22
07/06/2022
Yelena Sergeyevna SOKOLOVA
1998
Daniil Aleksandrovich Semenov
St Petersburg
Rally in support of A. Navalnyy
St Petersburg
31/01/2021
article 20.2.2 § 1 of CAO
fine of RUB 20,000
St Petersburg City Court
07/12/2021
Art. 5 (1) - unlawful detention – arrest, escorting to a police station, detention on 31/01/2021 for the sole purpose of drawing up the 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 open court police officers on whose written statements the conviction was based
33204/22*
16/06/2022
Ariadna Yevgenyevna SAPOZHINSKAYA
1994
Natalya Andreyevna Baranova
Moscow
Anti-war rally
St Petersburg
28/02/2022
article 20.2.2 § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
22/03/2022
Art. 5 (1) - unlawful detention - arrest, escorting to and detention at the police station from 28/02/2022 to 01/03/2022 as administrative suspect, pending trial and after the offence record 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
33259/22*
07/06/2022
Darya Nikolayevna PANOVA
1996
Natalya Andreyevna Baranova
Moscow
Anti-war rally
St Petersburg
06/03/2022
article 20.2.2 § 1 of CAO
administrative detention of 10 days
St Petersburg City Court
29/03/2022
Art. 5 (1) - unlawful detention - arrest, escorting to the police station, detention between 06/03/2022 and 07/03/2022 as administrative suspect, pending trial and after the offence record 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,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 07/03/2022 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
33301/22*
18/06/2022
Yekaterina Romanovna TSAREGORODTSEVA
1988
Natalya Andreyevna Baranova
Moscow
Anti-war rally
St Petersburg
06/03/2022
article 20.2.2 § 1 of CAO
administrative detention of 3 days
St Petersburg City Court
05/04/2022
Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention between 06/03/2022 and 07/03/2022 as administrative suspect, pending trial, after the offence record 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,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 07/03/2022 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
36412/22*
10/07/2022
Yana Sergeyevna SOSNOVSKIKH
1994
Natalya Andreyevna Baranova
Moscow
Anti-war gathering
St Petersburg
03/03/2022
article 20.2.2. § 1 of CAO
administrative detention of 15 days
St Petersburg City Court
11/03/2022
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 03/03/2022 and 04/03/2022 as administrative suspect, for the sole purpose of drawing up the offence record,
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,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 04/03/2022 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
36805/22
16/07/2022
Viktor Viktorovich SABLUK
1997
Mariya Sergeyevna Zyryanova
St Petersburg
Anti-war rally
St Petersburg
06/03/2022
article 20.2.2 § 1 of CAO
administrative detention of 10 days
St Petersburg City Court
16/03/2022
Art. 5 (1) - unlawful detention - arrest, escorting to the police station and detention between 06/03/2022 and 07/03/2022 as administrative suspect, pending trial and after the offence record 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 open court the police officers on whose written statements his conviction was based.
36855/22
16/07/2022
Sergey Valeryevich DOGAYEV
2000
Mariya Sergeyevna Zyryanova
St Petersburg
Anti-war rally
St Petersburg
06/03/2022
article 20.2.2 § 1 of CAO
administrative detention of 1 day
St Petersburg City Court
16/03/2022
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 06/03/2022 and 07/03/2022 as administrative suspect, pending trial and after the offence record 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 open court the police officers on whose written statements his conviction was based
37062/22
15/07/2022
Kirill Yevgenyevich ZHIGALIN
1995
Mariya Sergeyevna Zyryanova
St Petersburg
Anti-war rally
St Petersburg
06/03/2022
article 20.2.2 § 1 of CAO
administrative detention of 10 days
St Petersburg City Court
15/03/2022
Art. 5 (1) - unlawful detention - arrest, escorting to the police station and detention between 06/03/2022 and 07/03/2022 as administrative suspect, pending trial and after the offence record 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 open court the police officer on whose written statements his conviction was based.
40967/22
11/08/2022
Samat Liantovich KHAMIDULIN
1992
Mariya Sergeyevna Zyryanova
St Petersburg
Anti-war rally
St Petersburg
06/03/2022
article 20.2.2 § 1 of CAO
administrative detention of 5 days
St Petersburg City Court
12/04/2022
Art. 5 (1) - unlawful detention - arrest, escorting to the police station and detention between 06/03/2022 and 07/03/2022 as administrative suspect, pending trial and after the offence record 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 the police officers on whose written statements his conviction was based,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 07/03/2022 was executed immediately, on account of the lack of suspensive effect of appeal under the CAO
41019/22
11/08/2022
Ilya Mikhaylovich DOLNIKOV
1999
Mariya Sergeyevna Zyryanova
St Petersburg
Anti-war rally
St Petersburg
06/03/2022
article 20.2.2 § 1 of CAO
administrative detention of 12 days
St Petersburg City Court
12/04/2022
Art. 5 (1) - unlawful detention - arrest, escorting to the police station and detention between 06/03/2022 and 07/03/2022 as administrative suspect, pending trial and after the offence record 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 open court the police officers on whose written statements his conviction was based.,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 07/03/2022 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
41067/22
11/08/2022
Kirill Yuryevich KUCHKOV
1998
Mariya Sergeyevna Zyryanova
St Petersburg
Anti-war rally
St Petersburg
06/03/2022
article 20.2.2 § 1 of CAO
administrative detention of 10 days
St Petersburg City Court
12/04/2022
Art. 5 (1) - unlawful detention - arrest, escorting to the police station and detention between 06/03/2022 and 07/03/2022 as administrative suspect, pending trial and after the offence record 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 open court the police officers on whose written statements his conviction was based.,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 07/03/2022 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
41299/22
11/08/2022
Aleksandra Olegovna DREVAL
1999
Mariya Sergeyevna Zyryanova
St Petersburg
Anti-war rally
St Petersburg
06/03/2022
article 20.2.2 § 1 of CAO
administrative detention of 10 days
St Petersburg City Court
12/04/2022
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 06/03/2022 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 open court two police officers on whose written statements his conviction was based,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 07/03/2022 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
41303/22
11/08/2022
Kirill Aleksandrovich OREKHOV
1997
Anna Yevgenyevna Bochilo
Barnaul
Anti-war protest
St Petersburg
24/02/2022
article 20.2.2 § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
12/04/2022
Art. 5 (1) - unlawful detention - arrest, escorting to the police station and detention between 24/02/2022 and 25/02/2022 as administrative suspect, pending trial and after the offence record 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
41304/22
11/08/2022
Viktoriya Sergeyevna MATSKEVICH
1993
Anna Yevgenyevna Bochilo
Barnaul
Anti-war rally
St Petersburg
26/02/2022
article 20.2.2 § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
21/04/2022
Art. 5 (1) - unlawful detention - arrest, escorting to the police station and detention between 26/02/2022 and 28/02/2022 as administrative suspect, pending trial and after the offence record 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
41307/22
12/08/2022
Matvey Alekseyevich GOMON
2000
Mariya Sergeyevna Zyryanova
St Petersburg
Anti-war rally
St Peterburg
06/03/2022
article 20.2.2 § 1 of CAO
administrative detention 10 days
St Petersburg City Court
12/04/2022
Art. 5 (1) - unlawful detention - arrest, escorting to the police station and detention between 06/03/2022 and 07/03/2022 as administrative suspect, pending trial and after the offence record 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 first-instance trial two police officers on whose written statements his conviction was based,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant on 07/03/2022 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
41309/22
11/08/2022
Anna Vasilyevna VORONCHIKHINA
1999
Mariya Sergeyevna Zyryanova
St Petersburg
Anti-war rally
St Petersburg
06/03/2022
article 20.2.2 § 1 of CAO
administrative detention of 8 days
St Petersburg City Court
12/04/2022
Art. 5 (1) - unlawful detention - arrest, escorting to the police station and detention between 06/03/2022 and 07/03/2022 as administrative suspect, pending trial and after the offence record 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 first-instance trial two police officers on whose written statements his conviction was based,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 07/03/2022 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
41310/22
11/08/2022
Stanislav Maksimovich BAKLANOV
1996
Mariya Sergeyevna Zyryanova
St Petersburg
Anti-war rally
St Petersburg
06/03/2022
article 20.2.2 § 1 of CAO
administrative detention of 7 days
St Petersburg City Court
12/04/2022
Art. 5 (1) - unlawful detention - arrest, escorting to the police station and detention between 06/03/2022 and 07/03/2022 as administrative suspect, pending trial and after the offence record 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 first-instance trial two police officers on whose written statements his conviction was based,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 07/03/2022 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
44422/22
19/08/2022
Maksim Igorevich MAKSIMOV
1999
Nikifor Yuryevich Ivanov
St Petersburg
Anti-war rally
St Petersburg
24/02/2022
article 20.2.2 § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
19/04/2022
Art. 5 (1) - unlawful detention - arrest, escorting to the police station and detention on 24/02/2022 and 25/02/2022 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 open court police officers on whose written statements the conviction was based
44552/22
19/08/2022
Olga Vyacheslavovna PALCHIKOVA
1968
Leonid Leonidovich Krikun
St Petersburg
Anti-war rally
St Petersburg
24/02/2022
article 20.2.2. § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
19/04/2022
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 24/02/2022 and 25/02/2022 as administrative suspect, pending trial, and after the offence record 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 open court police officers on whose written statements the conviction was based
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