Published on 8 January 2024
FOURTH SECTION
Application no. 31856/21
Sergey Aleksandrovich KUZNETSOV against Russia
and 12 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
31856/21*
16/06/2021
Sergey Aleksandrovich KUZNETSOV
1985
Aleksandra Nikolayevna Bayeva
Moscow
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
Detention
for 10 days
Moscow City Court
08/02/2021
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,
Art. 6 (1) - unfair trial in administrative offence proceedings - various deficiencies of the administrative offence proceedings (no possibility to adduce evidence and question a defence witness),
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,
Art. 5 (1) - unlawful detention - escorting to and detention in the police station after compiling an offence report from 12.10 p.m. on 31/01/2021 until 3.00 p.m. on 01/02/2021
40306/21*
30/07/2021
Daniil Vladimirovich NIYAKIY
1996
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
detention
for 5 days
Moscow City Court
04/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention in the police station before and after compiling an offence report from 11.30 p.m. on 02/02/2021 until 4.00 p.m. on 04/02/2021,
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 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 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
40325/21*
30/07/2021
Kamil Rashidovich SULTANOV
1990
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
detention
for 7 days
Moscow City Court
08/04/2021
Art. 5 (1) - unlawful detention - escorting to and an overnight detention in the police station before and after compiling an offence report from 1.40 p.m. on 31/01/2021 until court hearing at 4.00 p.m. 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
40342/21*
30/07/2021
Anatoliy Andreyevich MALTSEV
1993
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
detention
for 9 days
Moscow City Court
05/02/2021
Art. 5 (1) - unlawful detention - escorting to and detention in the police station from 3.30 p.m. on 31/01/2021 until 10.30 p.m. on 01/02/2021 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 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
47029/21*
15/09/2021
Aleksey Valeryevich SHELEVOY
1976
Ivan Yuryevich Zhdanov
Vilnius
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
detention
for 10 days
Moscow City Court
24/03/2021
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 the trial police officers on whose written statements the conviction was based,
Art. 5 (1) - unlawful detention - arrest and escorting to the police station for compiling an offence report at 12.10 p.m. on 31/01/2021
57697/21*
07/11/2021
Khochiakbar Numonchonovich SHARIPOV
1998
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally in support of Izzat Amon
Moscow
02/04/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
13/07/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 02/04/2021,
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 officers on whose written statements his conviction was based
2138/22*
15/12/2021
Viktoriya Aleksandrovna POPUGAYEVA
2001
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
St Petersburg
21/04/2021
article 20.2.2. § 1 of CAO
detention
for 2 days
St Petersburg City Court
17/06/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
7318/22*
27/01/2022
Aleksandr Aleksandrovich TKACHEV
1976
Memorial Human Rights Centre
Moscow
Opposition rally
Barnaul
20/06/2020
article 20.2 § 5 of CAO
fine of
RUB 20,000
Altay Regional Court
11/08/2021
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
8000/22*
29/01/2022
Sofya Yevgenyevna BUTSYKINA
2003
Konstantin Aleksandrovich Markin
Velikiy Novgorod
Rally “Free Navalnyy”
Velikiy Novgorod
21/04/2021
article 20.2 § 5 of CAO
fine of
RUB 5,000
Novgorod Regional Court
12/08/2021
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 her conviction was based,
Art. 5 (1) - unlawful detention - escorting to the police station at 8.20 p.m. on 21/04/2021; the offence report was compiled only on 23/04/2021
8027/22
26/01/2022
Maksim Sergeyevich AGAFONOV
1999
Viktor Valeryevich Kochenkov
Izhevsk
Rally “Free Navalnyy”
Izhevsk
21/04/2021
article 20.2 § 5 of CAO
fine of
10,000 RUB
Supreme Court of the Udmurtia Republic
26/07/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 8.00 p.m. until 11.40 p.m. on 21/04/2021,
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) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
17907/22*
25/03/2022
Dmitriy Vyacheslavovich VELICHKO
1996
Ivan Yuryevich Zhdanov
Vilnius
Rally “Free Navalnyy”
Voronezh
21/04/2021
article 20.2 § 5 of CAO
fine of
RUB 15,000
Voronezh Regional Court
02/12/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 7.35 p.m. until 11.50 p.m. on 21/04/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
37745/22
15/07/2022
Roman Mikhaylovich ASHCHENKO
1981
Natalya Andreyevna Baranova
Moscow
Anti-war protest
Moscow
13/03/2022
article 19.3 § 1 of CAO
detention
for 10 days
Moscow City Court
18/03/2022
Art. 5 (1) - unlawful detention - arrest and escorting to the police station on 13/03/2022 for the sole purpose of drawing up a record of administrative offence; detention in excess of 3 hours till the court hearing on 14/03/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 6 (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
49211/22*
24/09/2022
Sergey Vladimirovich KHOROSHEV
1996
Anti-war protest
St Petersburg
02/03/2022
article 20.2 § 5 of CAO
fine of
RUB 12,000
St Petersburg City Court
24/05/2022
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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