Published on 15 April 2024
THIRD SECTION
Application no. 50365/18
Aleksey Yuryevich LOMAKIN against Russia
and 9 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 21 March 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
50365/18*
10/10/2018
Aleksey Yuryevich LOMAKIN
1974
Ivan Yuryevich Zhdanov
Vilnius
Opposition manifestation
Moscow
05/05/2018
Anti-war protest
Moscow
27/02/2022
article 20.2 § 6.1 of CAO
article 20.2 § 5 of CAO
fine of RUB 20,000
fine of RUB 20,000
Moscow City Court
28/06/2018
Moscow City Court
19/07/2022
Art. 6 (1) - lack of impartiality of tribunal - absence of the prosecuting party in both sets of administrative-offence proceedings in 2018 and 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 (in both sets of administrative-offence proceedings),
Art. 5 (1) - unlawful detention - escorting to the police station on 05/05/2018 and on 27/02/2022 for compiling an offence report
10530/20
17/02/2020
Artem Aleksandrovich LOSKUTOV
1986
Memorial Human Rights Centre
Moscow
Rally "Free Golunov"
Moscow
23/06/2019
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
26/08/2019
Art. 5 (1) - unlawful detention - escorting to the police station on 23/06/2019 for compiling an offence report,
Art. 6 (1) - lack of impartiality of tribunal - absence of the 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
28840/21*
07/05/2021
Ilmir Rafaelevich SHAKUROV
1986
Regina Ilgizovna Shagiyeva
Leninigorsk
Rally "Free Navalnyy"
Naberezhnyye Chelny
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
10/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 for compiling an offence report
7791/22*
25/01/2022
Sergey Fedorovich SAVCHUK
1964
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
03/08/2021
Art. 5 (1) - unlawful detention - arrest, escorting to and detention at a police station between 3.30 p.m. and 10.00 p.m. 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,
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.
8007/22*
31/01/2022
Ilya Roaldovich KRAVCHENKO
1987
Mansur Idrisovich Gilmanov
Podolsk
Meeting of municipal deputies
Velikiy Novgorod
22/05/2022
article 20.6.1 § 1 CAO
fine of RUB 5,000
Novgorod Regional Court
30/07/2021
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 (1st set of proceedings),
Art. 10 (1) - various restrictions on the right to freedom of expression - the applicant sentenced to a fine of RUB 1,000 for displaying Nazi symbols (Art. 20.3 CAO), final on 16/09/2021, Volgograd Regional Court (RID Novaya Gazeta and ZAO Novaya Gazeta v. Russia, no. 44561/11, 11 May 2021, and Karatayev v. Russia [Committee], no. 56109/07, 13 July 2021),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - two sets of administrative proceedings
(1) final decision 16/09/2021, Volgograd Regional Court, fine of RUB 1,000
(2) final decision 30/07/2021, Novgorod Regional Court, fine of RUB 5,000
3706/24*
15/01/2024
Yekaterina Aleksandrovna SUKHORUKOVA
2000
Valentina Andreyevna Chekhova
Moscow
Anti-war rally
Moscow
28/02/2022
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
15/09/2023
Art. 5 (1) - unlawful detention - arrest, escorting to and detention at a police station between 28/02/2022 (8.10 p.m.) and 01/03/2002 (3.05 a.m.)
4069/24
11/01/2024
Mariya Valeryevna SAVCHENKO
1997
Vladimir Sergeyevich Nemanov
Moscow
Anti-war rally
Moscow
27/02/2022
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
11/09/2023
Art. 5 (1) - unlawful detention - arrest, escorting to and detention at a police station between 6.15 p.m. and 11.30 p.m. on 27/02/2022
4603/24
05/01/2024
Darya Dmitriyevna RYLOVA
2002
Vladimir Sergeyevich Nemanov
Moscow
Anti-war rally
Moscow
27/02/2022
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
05/09/2023
Art. 5 (1) - unlawful detention - arrest, escorting to and detention at a police station between 5.50 p.m. and 11.30 p.m. on 27/02/2022
4698/24
07/01/2024
Marina Aleksandrovna CHERNYKH
1998
Vladimir Sergeyevich Nemanov
Moscow
Anti-war rally
Moscow
27/02/2022
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
07/09/2023
Art. 5 (1) - unlawful detention - arrest, escorting to and detention at a police station between 6.15 p.m. and 11.00 p.m. on 27/02/2022
5049/24*
02/02/2024
Vadim Olegovich VERSHINSKIY
1989
Igor Yuryevich Skachko
St Petersburg
Anti-war rally
Moscow
27/02/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
03/10/2023
Art. 5 (1) - unlawful detention - arrest, escorting to and detention at a police station between 5.00 p.m. on 27/02/2022 and 1.10 a.m. on 28/02/2022