Published on 27 November 2023
SECOND SECTION
Application no. 40953/21
Aleksandr Anatolyevich LEVANOV against Russia
and 20 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 2 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 charges
Penalty
Final domestic decision
Court Name
Date
Other complaints under well-established case-law
40953/21
23/07/2021
Aleksandr Anatolyevich LEVANOV
1986
Andrey Gennadyevich Lepekhin
Chelyabinsk
Rally "Free Navalnyy"
Chelyabinsk
23/01/2021
article 19.3 § 1 of CAO
detention for 13 days
Chelyabinsk Regional Court
27/01/2021
Art. 10 (1) - disproportionate measures against solo demonstrators - 25/02/2021 /solo demonstration in support of A. Navalnyy / Article 20.2. § 8 of CAO / fine of RUB 150,000 / 26/02/2021 Tverskoy District Court of Moscow / 09/07/2021 Moscow City Court,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of administrative-offence proceedings (in connection with events on 23/01/2021 and 02/03/2022),
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - escorting to and detention at the police station for compiling an offence record between 3.45 p.m. to 11.40 p.m. on 23/01/2021.,
Art. 10 (1) - conviction for the display of slogans/banners/other symbols by participants in public events - 02/03/2022 / conviction for a call to participate in an anti-war rally posted on a social network / Article 20.3.3. § 2 / fine of RUB 90,000 / 07/07/2022 Chelyabinsk Regional Court,
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 / 25/04/2022 Leninskiy District Court / 07/07/2022 Chelyabinsk Regional Court
41629/21*
30/07/2021
Kristina Dzhonson RAMIRES
1990
Yeva Viktorovna Levenberg
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
detention for 7 days
Moscow City Court
04/02/2021
Art. 10 (1) – disproportionate measures against solo demonstrators:
23/01/2021 /solo demonstration in support of A. Navalnyy / Moscow/ Article 20.2.
§ 5 of CAO / fine of RUB 10,000 / 06/04/2021 Moscow City Court; and
25/02/2021 /solo demonstration in support of A. Navalnyy / Article 20.2. § 8 of CAO / fine of RUB 150,000 / 09/07/2021 Moscow City Court;
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 9:00 p.m. on 23/01/2021 and 2:30 a.m. on 24/01/2021; between 12:25 p.m. on 31/01/2021 and 11:00 a.m. on 01/01/2021; and between 10:30 p.m. on 25/02/2021 and 5:15 p.m. on 26/02/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in all three sets of administrative proceedings (in connection with events on 23/01/2021 and 31/01/2021 and 25/02/2021),
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 the trial the police officers on whose written statements the applicant’s conviction was based, in all three sets of administrative proceedings (in connection with events on 23/01/2021 and 31/01/2021 and 25/02/2021)
42393/21
06/08/2021
Sergey Vladimirovich TOLMACHEV
1979
Andrey Gennadyevich Lepekhin
Chelyabinsk
Rally "Free Navalnyy"
Chelyabinsk
23/01/2021
article 20.2 § 8 of CAO
detention for 11 days
Chelyabinsk Regional Court
08/02/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 27/02/2021 for compiling an offence record,
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
58082/21
11/11/2021
Sergey Mikhaylovich FILENKO
1970
Ernest Aleksandrovich Mezak
Saint-Barthélemy-d’Anjou
Rally "Free Navalnyy"
Petrozavodsk
23/01/2021
Rally "Free Navalnyy"
Petrozavodsk
21/04/2021
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
fine of RUB 5,000
fine of RUB 5,000
Supreme Court of the Republic of Karelia
11/05/2021
Supreme Court of the Republic of Karelia
09/09/2021
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. 10 (1) - various restrictions on the right to freedom of expression - 24/02/2022, 03/03/2022, and 15/03/2022 / anti-war posts in the "Vkontakte" social network / Article 20.3.3 § 1 of the CAO / 20/04/2022 Petrozavodsk City Court / fine of RUB 30,000 (upheld by the Supreme Court of the Republic of Karelia on 31/08/2022).
9493/22*
01/02/2022
Kristina Borisovna ISAYEVA
1989
Kseniya Dmitriyevna Prosvirkina
Moscow
Rally "Free Navalnyy"
Belgorod
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Belgorod Regional Court
02/08/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
14155/22
18/02/2022
Mariya Yuryevna ANTYUSHEVA
1984
Vladimir Valeryevich Vasin
Krasnoyarsk
Rally "Free Navalnyy"
Krasnoyarsk
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 5,000
Krasnoyarsk Regional Court
19/08/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record on 31/01/2021
14828/22
27/02/2022
Aleksey Aleksandrovich BAVYKIN
1976
Daniil Alekseyevich Polyakov
Voronezh
Rally "Free Navalnyy"
Voronezh
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Voronezh Regional Court
31/08/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 7:30 p.m. on 21/04/2021 and 1:10 a.m. 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 the trial the police officers on whose written statements the applicant’s conviction was based.
14843/22*
27/02/2022
Nikita Nikolayevich KABAKOV
1999
Daniil Alekseyevich Polyakov
Voronezh
Rally "Free Navalnyy"
Voronezh
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Voronezh Regional Court
30/08/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record between on 31/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
17399/22
20/03/2022
Kseniya Sergeyevna MAYOROVA
2001
Mariya Sergeyevna Zyryanova
St Petersburg
Rally "Free Navalnyy"
St Petersburg
31/01/2021
article 20.2 § 2 of CAO
fine of RUB 20,000
St Petersburg City Court
21/09/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 5:00 p.m. on 31/01/2021 and 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
17807/22*
12/03/2022
Daniel Vladimirovich CHERKASHIN
1998
Daniil Alekseyevich Polyakov
Voronezh
Rally "Free Navalnyy"
Voronezh
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Voronezh Regional Court
21/09/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record on 23/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
24310/22*
12/04/2022
Miroslav Arkadyevich YAKOVLEV
1961
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
07/09/2021
(The applicant received a copy of the final judgment of 07/09/2021 on 12/10/2021)
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 3 p.m. and 7 p.m. on 23/01/2021,
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) - lack of fair hearing - failure of the first-instance court to draft the minutes of the hearing impaired the applicant’s rights to have evidence which was presented in court to be duly evaluated by the appeal court,
Art. 6 (1) - lack of fair hearing - refusal to allow evidence in support of the applicant’s account of events (material from similar administrative cases concerning the same public event),
Art. 6 (1) - lack of fair hearing - administrative arrest record on which the applicant’s conviction was based was evidently deficient but the courts dismissed this argument of the applicant in a summary manner
25175/22
22/04/2022
Aleksey Pavlovich MERKULOV
1990
Fedor Yevgenyevich Sirosh
Moscow
Rally "Free Navalnyy"
Moscow
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
11/11/2021
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
37796/22*
22/07/2022
Olga Andreyevna KOROBITSINA
2003
Anastasiya Vladimirovna Pilipenko
St Petersburg
Anti-war protest
St Petersburg
06/03/2022
article 20.2.2 § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
26/04/2022
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 at the police station for compiling an offence record between 3:10 p.m. on 06/03/2022 and the morning of 07/03/2022,
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
38208/22
18/07/2022
Aleksandr Sergeyevich ABRAMOV
1996
Dmitriy Sergeyevich Levichev
Krasnoyarsk
Anti-war protest
Krasnoyarsk
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Krasnoyarsk Regional Court
27/04/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 3:30 p.m. and 7:30 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,
Art. 6 (1) - lack of fair hearing - unjustified refusal of the court to grant the applicant’s request to summon witnesses on the applicant’s behalf
39195/22
03/08/2022
Vladimir Mikhaylovich TOBOROVETS
1970
Anti-war protest
Voronezh
24/02/2022
article 20.2 § 8 of CAO
80 hours of community work
Voronezh Regional Court
06/04/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 8:10 p.m. on 24/02/2022 and 10:00 a.m. on 26/02/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
41207/22
05/08/2022
Nadezhda Nikolayevna STEPANCHENKO
2002
Roman Olegovich Zaytsev
Volgograd
Anti-war protest
Volgograd
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Volgograd Regional Court
05/05/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 2:50 p.m. and the evening of 06/03/2021,
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 the police officers on whose written statements the applicant’s conviction was based
41334/22
12/08/2022
Svetlana Petrovna SEMENYUK
1970
Anti-war protest
Krasnoyarsk
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Krasnoyarsk Regional Court
11/05/2022
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record 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
41342/22
12/08/2022
Mikhail Dmitriyevich MILITSIN
1999
Roman Olegovich Zaytsev
Volgograd
Anti-war protest
Volgograd
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Volgograd Regional Court
13/04/2022
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 at the police station for compiling an offence record between 2:50 p.m. and the evening of 06/03/2022,
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.
43109/22*
16/08/2022
Marek PASIERB
1984
Anti-war protest
St Petersburg
25/02/2022
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 for compiling an offence record between 8:45 p.m. on 25/02/2022 and the afternoon of 26/02/2022,
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.
43113/22*
18/08/2022
Anton Igorevich IGOLKIN
1984
Anti-war protest
St Petersburg
06/03/2022
article 20.2.2 § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
26/04/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
30089/23*
12/03/2022
Artem Aleksandrovich SHCHELOKOV
1988
Daniil Alekseyevich Polyakov
Voronezh
Rally "Free Navalnyy"
Voronezh
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Voronezh Regional Court
16/09/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 7:30 p.m. on 21/04/2021 and 1:10 a.m. 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 the trial the police officers on whose written statements the applicant’s conviction was based
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