Published on 8 January 2024
SECOND SECTION
Application no. 31860/21
Aleksandr Nikolayevich KULAGA against Russia
and 9 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
31860/21*
16/06/2021
Aleksandr Nikolayevich KULAGA
1987
Aleksandra Nikolayevna Bayeva
Moscow
Rally “Free Navalnyy”
Bryansk
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Bryansk Regional Court
22/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report, detention beyond the three-hour statutory period,
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.
40314/21*
30/07/2021
Aleksandr Pavlovich TARASYUK
1987
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
detention for 10 days
Moscow City Court
09/02/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report, detention beyond the three-hour statutory period,
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 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
40315/21
30/07/2021
Kseniya Mikhaylovna DYABINA
1986
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
12/04/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report, detention beyond the three-hour statutory period,
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 her conviction was based.
40319/21*
30/07/2021
Pavel Vladimirovich KUZNETSOV
1971
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
detention for 5 days
Moscow City Court
02/04/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report, detention beyond the three-hour statutory period,
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 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
45853/21
28/08/2021
Yegor Vyacheslavovich BUTAKOV
1999
Aleksey Mikhaylovich Kychin
Arkhangelsk
Rally “Free Navalnyy”
Arkhangelsk
21/04/2021
article 20.2 § 8 of CAO
detention for 15 days
Arkhangelsk Regional Court
27/04/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 21/04/2021 for compiling an offence report and an overnight detention until court hearing on 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,
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.
46147/21
02/09/2021
Olga Aleksandrovna LOBOVA
2001
Ilya Valeryevich Tkachenko
Gatchina
Rally “Free Navalnyy”
St Petersburg
31/01/2021
article 20.2 § 6.1 of CAO
detention for 6 days
St Petersburg City Court
02/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report, detention beyond the three-hour statutory period,
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 her conviction was based.
53244/21
30/09/2021
Vadim Vadimovich SHEREMETEV
1998
Yelena Anatolyevna Mamedova
Samara
Rally “Free Navalnyy”
Samara
23/01/2021
article 20.2 § 2 of CAO
detention for 9 days
Samara Regional Court
01/04/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 (seven days after the rally) for compiling an offence report and an overnight detention at the police station until the court hearing 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 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 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
59648/21
01/12/2021
Roman Yevgenyevich GODOV
1974
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of 20,000 RUB
Moscow City Court
09/06/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 for compiling an offence report; detention beyond the three-hour statutory period,
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,
Art. 6 (1) - unfair trial in administrative offence proceedings - denial of opportunity to adduce evidence (video recordings) on support of the applicant’s account of events.
2059/22
15/12/2021
Nikita Alekseyevich BELOV
1999
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Nizhniy Novgorod
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
22/07/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report, detention beyond the three-hour statutory period,
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.
2148/22
15/12/2021
Viktoriya Vladimirovna KOLESNIKOVA
1997
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Moscow City Court
21/06/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 2/02/2021 for compiling an offence report, detention beyond the three-hour statutory period,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
Full & Egal Universal Law Academy