Published on 5 February 2024
FIFTH SECTION
Application no. 21113/21
Yelena Nikolayevna LEKIASHVILLI against Russia
and 17 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 11 January 2024, 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
21113/21*
06/04/2021
Yelena Nikolayevna LEKIASHVILLI
1979
Aleksandr Yevgenyevich Pomazuyev
Vilnius
Manifestation in support of A. Navalnyy
Yaroslavl
23/01/2021
article 20.2 § 2 of CAO
detention for 10 days
Yaroslavl Regional Court
28/01/2021
Art. 5 (1) - unlawful deprivation of liberty - escorting to and detention at the police station after compiling an offence report between 7 p.m. on 23/01/2021 and 11 a.m. on 25/01/2021
42307/21*
04/08/2021
Yegor Timofeyevich NECHAYEV
2001
Memorial Human Rights Centre
Moscow
Anti-war rally
St Petersburg
27/02/2022
article 20.2.2. § 1 of CAO
detention for 3 days
St Petersburg City Court
12/04/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report between 10.50 p.m. on 27/02/2022 and 4.00 a.m. on 28/02/2022,
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 the trial the police officers on whose written statements the applicant’s conviction was based
53975/21*
17/10/2021
Maksim Vyacheslavovich SAMOYLOV
1997
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
St Petersburg
31/01/2021
article 20.2 § 2 of CAO
fine of RUB 10,000
St Petersburg City Court
20/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report between 3.10 p.m. on 31/01/2021 and 1.00 a.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 the trial the police officers on whose written statements the applicant’s conviction was based
59266/21*
12/11/2021
Aliya Ramilevna ILYASOVA
1991
Varvara Dmitriyevna Mikhaylova
St Petersburg
Rally in support of A. Navalnyy
St Petersburg
23/01/2021
St Petersburg Government Decree of 13/03/2020 related to anti-COVID-19 measures
fine of RUB 4,000
Kuybyshevskiy District Court of St Petersburg
13/05/2021
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. 4 - right not to be tried or punished twice in criminal proceedings - overlap of the facts constituting the basis for the applicant’s prosecution in the second set of proceedings (St Petersburg Government Decree of 13/03/2020 related to anti-COVID-19 measures) with substantially the same facts underlying her conviction in the first set of proceedings (Art. 20.2 § 6.1 of CAO)
2069/22*
15/12/2021
Stanislav Yuryevich YAVORSKIY
1972
Memorial Human Rights Centre
Moscow
Rally "Free 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. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4500/22*
24/12/2021
Sergey Savelyevich FEDEYEV
1972
Memorial Human Rights Centre
Moscow
Rally " Free Navalnyy"
St Petersburg
31/01/2021
article 20.2.2 § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
29/06/2021
6203/22
30/12/2021
Aleksandr Vitalyevich BLINOV
1974
Yekaterina Leonidovna Sutormina
St Petersburg
Rally "Free Navalnyy"
St Petersburg
31/01/2021
article 20.2 § 2 of CAO
fine of RUB 10,000
St Petersburg City Court
02/09/2021
Art. 5 (1) - unlawful deprivation of liberty- escorting to and detention at the police station after compiling an offence report from 1.28 p.m. on 31/01/2021 until 7 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
7515/22
27/01/2022
Anita Aleksandrovna FRANTSKEVICH
2000
Rally "Free Navalnyy"
Voronezh
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Voronezh Regional Court
27/07/2021
Art. 5 (1) - unlawful deprivation of liberty - escorting to and detention at the police station for compiling an offence report from 7.35 p.m. until 11.40 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
8265/22
02/02/2022
Yuliya Yevgenyevna CHAPURINA
1991
Aleksey Mikhaylovich Kuroptev
Balashikha
Rally "Free Navalnyy"
Arkhangelsk
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 11,000
Arkhangelsk Regional Court
03/08/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 8 (2) - restrictions on the right to private life of participants in public assemblies - use of facial recognition technology for the identification of the applicant as a participant of a rally and her subsequent conviction (raised on appeal).
12281/22*
24/02/2022
Ramunas Gintaro RIMIDIS
1991
Konstantin Aleksandrovich Maltsev
Moscow
Rally "Free Navalnyy"
St Petersburg
31/01/2021
article 20.2.2. § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
31/08/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report between 12.40 p.m. on 31/01/2021 and 3.00 a.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
39911/22
19/07/2022
Nikolay Yuryevich RABOVSKIY
1997
Luiza Magomedovna Magomedova
St Petersburg
Anti-war protest (against war in Ukraine)
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 - escorting to and detention at the police station after compiling an offence report between 8.40 p.m. on 24/02/2022 and 2.39 a.m. on 25/02/2022,
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 the trial the police officers on whose written statements the applicant’s conviction was based.
39914/22
29/07/2022
Darya Vladimirovna ULBASHEVA
2002
Luiza Magomedovna Magomedova
St Petersburg
Anti-war protest (against war in Ukraine)
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 - escorting to and detention at the police station after compiling an offence report between 8 p.m. on 24/02/2022 and 2.08 a.m. on 25/02/2022,
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 the trial the police officers on whose written statements the applicant’s conviction was based
39977/22
05/08/2022
Artem Andreyevich UGRYUMOV
2000
Yana Andreyevna Nepovinnova
St Petersburg
Anti-war manifestation
St Petersburg
26/02/2022
article 20.2.2 § 1 of CAO
fine of RUB 10,000
St Petersburg
21/04/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report between 8.50 p.m. on 26/02/2022 and 2.29 a.m. on 27/02/2022,
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 the trial the police officers on whose written statements the applicant’s conviction was based
40528/22
08/08/2022
Marat Faizovich NUREYEV
1991
Yana Andreyevna Nepovinnova
St Petersburg
Anti-war protest (war against Ukraine)
St Petersburg
26/02/2022
article 20.2.2 § 1 of CAO
detention for 8 days
St Petersburg City Court
21/04/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report between 8.50 p.m. on 26/02/2022 and 4.20 a.m. on 27/02/2022,
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 the trial the police officers on whose written statements the applicant’s conviction was based.
40705/22
10/08/2022
German Aleksandrovich VERSILOV
1993
Yana Andreyevna Nepovinnova
St Petersburg
Anti-war protest (against the war in Ukraine)
St Petersburg
28/02/2022
article 20.2.2 § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
24/05/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report between 11.15 p.m. on 28/02/2022 and 4.20 a.m. on 01/03/2022,
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 the trial the police officers on whose written statements the applicant’s conviction was based.
41668/22
09/08/2022
Yekaterina Sergeyevna BROSALINA
1996
Luiza Magomedovna Magomedova
St Petersburg
Anti-war protest (against war in Ukraine)
St Petersburg
06/03/2022
article 20.2 § 6.1 of CAO
detention for 10 days
St Petersburg City Court
14/04/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report between 6 p.m. on 06/03/2022 and 4.34 a.m. on 07/03/2022,
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 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.
41674/22
09/08/2022
Mariya Igorevna ASTASHINA
1991
Luiza Magomedovna Magomedova
St Petersburg
Anti-war protest (against war in Ukraine)
St Petersburg
06/03/2022
article 20.2 § 6.1 of CAO
detention for 1 day
St Petersburg City Court
12/05/2022
Art. 5 (1) - unlawful deprivation of liberty- escorting to and detention at the police station after compiling an offence report between 7 p.m. and 11.30 p.m. on 06/03/2022,
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 the trial the police officers on whose written statements the applicant’s conviction was based.
41677/22*
09/08/2022
Anton Aleksandrovich FEDOROV
2000
Luiza Magomedovna Magomedova
St Petersburg
Anti-war protest (against war in Ukraine)
St Petersburg
27/02/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
St Petersburg City Court
19/04/2022
Art. 5 (1) - unlawful deprivation of liberty- escorting to and detention at the police station after compiling an offence report between 00.06 a.m. and 7.46 a.m. on 28/02/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings