Published on 30 October 2023
FIFTH SECTION
Application no. 28133/21
Natalya Eduardovna KULVINSKAYA against Russia
and 22 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 / criminal charges
Penalty
Final domestic decision
Court Name
Date
Other complaints under well-established case-law
28133/21
17/05/2021
Natalya Eduardovna KULVINSKAYA
1961
Anna Yevgenyevna Bochilo
Barnaul
Rally "Free Navalnyy"
Barnaul
23/01/2021
Rally "Free Navalnyy"
Barnaul
21/04/2021
article 20.2 § 6.1 of CAO
article 20.2 § 8 of CAO
fine of RUB 10,000
40 hours of community work
Altai Region Court
17/03/2021
Altai Regional Court
16/06/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings;
Art. 5 (1) - unlawful detention - 1) escorting to and detention at the police station after compiling an offence report from 23/01/2021 until 24/01/2021;
2) escorting to the police station for compiling an offence report on 21/04/2021
41690/21*
29/07/2021
Viktor Aleksandrovich NEMYTOV
1982
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally "Free Navalnyy"
Moscow
02/02/2021
Rally "Free Navalnyy"
Moscow
02/02/2021
Anti-war protest
Moscow
27/02/2022
article 20.2 § 5 of CAO
article 20.2 § 8 of CAO
article 20.2 § 8 of CAO
fine of RUB 10,000
detention of 30 days
detention of 28 days
Moscow City Court
16/04/2021
Moscow City Court
09/02/2021
Moscow City Court
01/03/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of the administrative-offence proceedings;
Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the police officers on whose written statements the conviction was based (in all sets of the administrative offence proceedings);
Art. 5 (1) - unlawful detention - 1) escorting to the police station on 02/02/2021 for compiling an offence report (twice in one day);
2) escorting to and detention at the police station after compiling an offence report from 27/02/2022 until 28/02/2022;
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
50436/21*
21/09/2021
Nikolay Mikhaylovich NOVIKOV
1987
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally "Free Navalnyy"
Moscow
31/01/2021
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
article 20.2 § 5 of CAO
fine of RUB 10,000
fine of RUB 10,000
Moscow City Court
29/06/2021
Moscow City Court
25/05/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 and 02/02/2021 for compiling an offence report;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings;
Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the police officers on whose written statements the conviction was based (in both sets of the administrative-offence proceedings)
52681/21*
30/09/2021
Svetlana Valeryevna LOZOVSKAYA
1975
Rally "Free Navalnyy"
Ulan-Ude
23/01/2021
Rally "Free Navalnyy"
Ulan-Ude
31/01/2021
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
fine of RUB 15,000
fine of RUB 20,000
Supreme Court of the Buryatia Republic
05/04/2021
Supreme Court of the Buryatia Republic
12/04/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 and 31/01/2021 for compiling offence reports;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings
54522/21*
14/10/2021
Aleksandr Vladimirovich MASLOV
2000
Aleksey Sergeyevich Lapuzin
Samara
Rally "Free Navalnyy"
Samara
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Samara Regional Court
15/04/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 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
55130/21*
15/10/2021
Konstantin Valeryevich NADEIN
1968
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
St Petersburg
23/01/2021
Anti-war protest
St Petersburg
06/03/2022
article 8.6-1 § 2 of St Petersburg Law on Administrative Offences
article 20.2.2. § 1 of CAO
fine of RUB 4,000
detention of 7 days
Oktyabrskiy District Court of St Petersburg
23/06/2021
St Petersburg City Court
07/04/2022
Art. 5 (1) - unlawful detention - 1) escorting to the police station on 23/01/2021 for compiling an offence report;
2) escorting to and detention at the police station after compiling an offence report from 06/03/2022 until 07/03/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings
Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the police officers on whose written statements the conviction was based (in both sets of the administrative-offence proceedings);
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.
61277/21*
01/12/2021
Irina Anatolyevna LEVCHENKO
1964
Ivan Yuryevich Zhdanov
Vilnius
Rally "Free Navalnyy"
Krasnoyarsk
23/01/2021
Rally "Free Navalnyy"
Krasnoyarsk
31/01/2021
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
fine of RUB 10,000
fine of RUB 10,000
Krasnoyarsk Regional Court
08/07/2021
Krasnoyarsk Regional Court
10/06/2021
Art. 5 (1) - unlawful detention - 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 both sets of the administrative-offence proceedings;
Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the police officers on whose written statements the conviction was based (in both sets of the administrative-offence proceedings)
22/22
26/11/2021
Yegor Igorevich VASILCHENKO
2001
Aleksey Vladimirovich Bushmakov
Yekaterinburg
Rally "Free Navalnyy"
Yekaterinburg
30/01/2021
article 20.2 § 5 of CAO
20 hours of community work
Sverdlovsk Regional Court
16/06/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 19/02/2021 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
28/22
26/11/2021
Kirill Mikhaylovich GAVRIKOV
1988
Aleksey Vladimirovich Bushmakov
Yekaterinburg
Women’s rights rally
Yekaterinburg
08/03/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Sverdlovsk Regional Court
11/08/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
34/22
26/11/2021
Aygizar Alfatovich ASFANDIYAROV
1989
Aleksey Vladimirovich Bushmakov
Yekaterinburg
Women’s rights rally
Yekaterinburg
08/03/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Sverdlovsk Regional Court
21/07/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 08/03/2021 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
37/22
26/11/2021
Anna Anatolyevna LUKASHENOK
1990
Aleksey Vladimirovich Bushmakov
Yekaterinburg
Women’s rights rally
Yekaterinburg
08/03/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Sverdlovsk Regional Court
27/07/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
99/22*
07/12/2021
Aleksandra Andreyevna KLEVTSOVA
1987
Yelena Yuryevna Pershakova
Moscow
Rally "Free Navalnyy"
Perm
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Perm Regional Court
08/06/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 28/01/2021 for questioning and 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 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the police officers on whose written statements the conviction was based
279/22*
02/12/2021
Mikhail Mikhaylovich BULYGIN
1992
Aleksey Valeryevich Vlasov
Tula
Rally "Free Navalnyy"
Tula
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Tula Regional Court
21/05/2021 (final decision served on the applicant on 02/06/2021)
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 on 23/01/2021 for compiling an offence report
336/22*
10/12/2021
Andrey Vladimirovich KRAYEV
1983
Andrey Olegovich Valenkov
Nizhniy Novgorod
Rally "Free Navalnyy"
Nizhniy Novgorod
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 5,000
Nizhniy Novgorod Regional Court
17/06/2021
Art. 5 (1) - unlawful detention - 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 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the police officers on whose written statements the conviction was based
363/22
24/11/2021
Nikita Aleksandrovich VOVK
2000
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 Udmurtia Republic
24/05/2021
Art. 5 (1) - unlawful detention - 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
425/22*
26/11/2021
Maksim Pavlovich BENEKHIN
1994
Olimpiada Valentinovna Usanova
Nizhniy Novgorod
Rally "Free Navalnyy"
Nizhniy Novgorod
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
27/05/2021
Art. 5 (1) - unlawful detention - 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
3481/22
14/12/2021
Anna Antonovna ROMANOVA
1995
Daniil Alekseyevich Polyakov
Voronezh
Rally "Free Navalnyy"
Voronezh
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 12,000
Voronezh Regional Court
15/06/2021
Art. 5 (1) - unlawful detention - 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 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the police officers on whose written statements the conviction was based
3506/22
10/12/2021
Arina Andreyevna MAKHMUDOVA
1999
Luiza Magomedovna Magomedova
St Petersburg
Rally "Free Navalnyy"
St Petersburg
31/01/2021
article 20.2.2. § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
15/06/2021
Art. 5 (1) - unlawful detention - 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 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the police officers on whose written statements the conviction was based
3533/22*
18/12/2021
Daniil Aleksandrovich IVANOV
1995
Yelena Yuryevna Pershakova
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
21/06/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 02/02/2021 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 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the police officers on whose written statements the conviction was based
37202/22*
12/07/2022
Yelizaveta Vadimovna KRUPENINA
1994
Sergey Aleksandrovich Loktev
St Petersburg
Anti-war protest
St Petersburg
26/02/2022
Anti-war protest
St Petersburg
28/02/2022
article 20.2.2. § 1 of CAO
article 20.2.2. § 1 of CAO
fine of RUB 10,000
fine of RUB 10,000
St Petersburg City Court
12/04/2022
St Petersburg City Court
12/06/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings;
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 26/02/2022 until 27/02/2022 and from 28/02/2022 until 01/03/2022;
Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the police officers on whose written statements the conviction was based (in both sets of the administrative-offence proceedings)
48484/22*
16/09/2022
Oleg Petrovich ORLOV
1953
Irina Aleksandrovna Yatsenko
Moscow
Anti-war protest
Moscow
26/02/2022
Anti-war protest
Moscow
06/03/2022
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
fine of RUB 20,000
fine of RUB 20,000
Moscow City Court
01/07/2022
Moscow City Court
07/07/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 26/02/2022 and 06/03/2022 for compiling an offence report;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings
48650/22
30/09/2022
Aleksandra Vladislavovna KOZICHEVA
1996
Mariya Sergeyevna Zyryanova
St Petersburg
Anti-war protest
St Petersburg
08/03/2022
article 20.2.2. § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
31/05/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 08/03/2022 until 09/03/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the police officers on whose written statements the conviction was based
50123/22
13/10/2022
Aleksandr Anatolyevich STREPETOV
1968
Nataliya Andreyevna Baranova
Moscow
Anti-war protest
St Petersburg
04/03/2022
article 20.2.2. § 1 of CAO
fine of RUB 15,000
St Petersburg City Court
14/06/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 04/03/2022 for compiling an offence report;
Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the police officers on whose written statements the 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
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