Published on 2 October 2023
FOURTH SECTION
Application no. 25187/15
Sergey Vladimirovich LUTSEVICH against Russia
and 35 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 7 September 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/registration
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
25187/15*
12/05/2015
Sergey Vladimirovich LUTSEVICH
1976
Demonstration in support of the media channel "Dozhd"
Moscow
08/02/2014
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
12/11/2014
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
19779/20*
23/03/2020
Zinaida Aleksandrovna GILYAZOVA
1989
Yevgeniy Vyacheslavovich Antokhin
Moscow
Anti-war manifestation
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
07/09/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings – final decisions by the Moscow City Court on 26/09/2019 (participation in an unauthorised manifestation on 10/08/2019, fine of RUB 10,000, article 20.2 § 5 of CAO) and by the Moscow City Court on 07/09/2022;
Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 10/08/2019 from 5.40 p.m. to 1 a.m. on 11/08/2019- Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018);
arrest and detention on 06/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019) (both complaints raised in the respective proceedings)
13723/21*
10/02/2021
Ruslan Mansurovich ZINATULLIN
1978
Participation in the Municipal Russia Forum organised by the Open Russia public association
Moscow
13/03/2021
article 20.33 of CAO
fine of RUB 5,000
Vakhitovskiy District Court of Kazan
01/07/2021
Art. 5 (1) - unlawful deprivation of liberty - The applicant was arrested on 03/06/2020 in connection with the solo picket the applicant held on 15/05/2020 - Applicant was taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019) (the complaint raised on appeal in the administrative-offence proceedings),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in relation to administrative proceedings which ended with the final decision on 16/09/2020,
Art. 11 (1) - restrictions on location, time or manner of conduct of public events - The applicant complained of the authorities’ refusal to approve a manifestation in support of victims of political repressions on 02/11/2019 in Kazan. On 18/10/2019 the applicant notified the authorities of his wish to hold that event, however, the authorities proposed to change the location because another event had already been planned there. The final decision was taken by the Supreme Court of the Russian Federation on 07/04/2021, complaint lodged on 06/10/2021,
Art. 10 (1) - disproportionate measures against solo demonstrators - Kazan, Military Commissariat, 15/05/2020, Solo Picket against mandatory military service (conscription); Article 20.2 § 1 of CAO; penalty: 30 hours’ community service; final decision taken by the Supreme Court of the Tatarstan Republic on 16/09/2020
16050/21*
05/03/2021
Yevgeniy Vadimovich DILMAN
2001
Memorial Human Rights Centre
Moscow
Manifestation in support of S. Furgal
Komsomolsk-on-Amur
29/07/2020
article 20.2 § 5 of CAO
fine of RUB 10,000
Khabarovsk Regional Court
07/12/2020
21993/21*
07/04/2021
Yevgeniy Konstantinovich KOSTOMAROV
1989
Memorial Human Rights Centre
Moscow
Manifestation in support of A. Navalnyy ("Otpuskai")
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
administrative detention 12 days
Moscow City Court
09/02/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 02-03/02/2021 - Applicant was taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019),
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant on 03/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO (see Tsvetkova and Others v. Russia, no. 54381/08, §§ 179-91, 10 April 2018; Martynyuk v. Russia, no. 13764/15, §§ 38‑42, 8 October 2019)
29794/21
08/05/2021
Viola Nikolayevna TITOVA
1983
Manifestation in support of S. Furgal
Krasnoyarsk
15/08/2020
article 20.2 § 5 of CAO
fine RUB 10,000
Krasnoyarsk Regional Court
12/11/2020
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Karelin v. Russia, no. 926/08, 20 September 2016
30013/21
08/05/2021
Vladimir Andreyevich DUBOVSKIY
1991
Vladimir Valeryevich Vasin
Krasnoyarsk
Manifestation in support of S. Furgal
Krasnoyarsk
01/08/2020
article 20.2 § 5 of CAO
fine RUB 10,000
Krasnoyarsk Regional Court
12/11/2020
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Karelin v. Russia, no. 926/08, 20 September 2016
30082/21*
11/05/2021
Mikhail Mikhaylovich MOROZOV
1984
Darya Dmitriyevna Aksenova
Kolomna
Manifestation in support of A. Navalnyy
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
administrative detention of 14 days
Moscow City Court
12/02/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest and overnight detention from 3 p.m. on 31/01/2021 to 01/02/2021 -
Applicant was taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018),
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 police officer on whose written statements the applicant’s conviction was based
31703/21*
07/06/2021
Aleksandr Aleksandrovich SIBIKIN
1991
Memorial Human Rights Centre
Moscow
Manifestation in support of A. Navalnyy
Moscow, Matrosskaya Tishina
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
26/03/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 31/01/2021 from 4.40 p.m. to 11.40 p.m. - Applicant was taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable on the spot to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g., to establish the suspect’s identity (see Korneyeva v. Russia
no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019).
Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018) (raised on appeal),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
31824/21*
16/06/2021
Andrey Dmitriyevich GARIFULLIN
1987
Aleksandra Nikolayevna Bayeva
Moscow
Manifestation in support of A. Navalnyy
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 12,000
Moscow City Court
12/04/2021
Art. 5 (1) - unlawful detention - arrest and detention from 11.45 a.m. to 10.45 p.m. on 31/01/2021 - Applicant was taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (Korneyeva, § 34; Ryabinina and Others [Committee], § 35).
Detention as an administrative suspect for 11 hours: the applicant remained in detention after the offence record had been compiled (see Korneyeva v. Russia, no. 72051/17, § 35, 8 October 2019),
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 police officers on whose written statement the conviction was based.
31827/21*
16/06/2021
Anton Dmitriyevich GONCHARUK
1996
Aleksandra Nikolayevna Bayeva
Moscow
Manifestation in support of A. Navalnyy
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
administrative arrest of 8 days
St Petersburg City Court
09/03/2021
Art. 5 (1) - unlawful detention - arrest and detention from 1.30 p.m. on 31/01/2021 to 6 p.m. on 01/02/2021 - applicant was taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (Korneyeva, § 34; Ryabinina and Others [Committee], § 35).
Detention as an administrative suspect for 28 hours: the applicant remained in detention after the offence record had been compiled (see Korneyeva v. Russia, no. 72051/17, § 35, 8 October 2019),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 01/02/2021 was executed immediately, on the account of lack of suspensive effect of an appeal under the CAO
31854/21*
16/06/2021
Yegor Timofeyevich NECHAYEV
2001
Aleksandra Nikolayevna Bayeva
Moscow
Manifestation in support of A. Navalnyy
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
arrest of 15 days
Moscow City Court
08/02/2021
Art. 5 (1) - unlawful detention – arrest and detention on 31/01/2021 at the police station - the applicant was taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g., to establish the suspect’s identity.
Detention as an administrative suspect for 23 hours (from 5.30 p.m. on 31/01/2021 to 5 p.m. on 01/02/2021: the applicant remained in detention after the offence record had been compiled (see Korneyeva v. Russia, no. 72051/17, § 35, 8 October 2019),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant on 01//02/2021 was executed immediately, on the account of lack of suspensive effect of an appeal under the CAO
36365/21*
30/06/2021
Arseniy Mikhaylovich CHEKANOV
2002
Memorial Human Rights Centre
Moscow
Manifestation in support of A. Navalnyy
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
14/04/2021
Art. 5 (1) - unlawful detention - arrest and detention from 4.30 p.m. on 31/01/2021 to 4.30 a.m. on 01/02/2021 - applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable on the spot to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g., to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019). Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
40552/21*
30/07/2021
Olga Valentinovna LEVINA
1956
Ivan Yuryevich Zhdanov
Vilnius
Manifestation in support of A. Navalnyy
Tambov
31/01/2021
article 20.2 § 3 of CAO
administrative detention of 15 days
Tambov Regional Court
05/02/2021
Art. 5 (1) - unlawful detention - arrest and detention on 31/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable on the spot , to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
45532/21*
12/08/2021
Andrey Sergeyevich CHVANOV
1976
Regina Ilgizovna Shagiyeva
Leninigorsk
Manifestation in support of A. 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 and then on 30/01/2021 for compiling an offence report,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant in administrative-offence proceedings under Article 20.2 § 2 of CAO (see below) was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO,
Art. 10 (1) - conviction for making calls to participate in public events - the applicant posted information on Internet concerning the rally to support A. Navalnyy on 31/01/2021, conviction under Article 20.2 § 2 of CAO, penalty in the form of detention for 9 days, final decision on 10/03/2021 by the Supreme Court of the Tatarstan Republic,
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 applicant’s conviction was based (both sets of the administrative offence proceedings)
51383/21*
30/09/2021
Olga Anatolyevna SHKOLINA
1977
Memorial Human Rights Centre
Moscow
Manifestation in support of A. Navalnyy
Arkhangelsk
16/01/2021
article 20.2.2 § 1 of CAO
fine of RUB 11,000
Arkhangelsk Regional Court
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
53264/21*
01/10/2021
Olga Sergeyevna YELSAKOVA
1978
Oksana Anatolyevna Vladyka
Arkhangelsk
Manifestation in support of A. Navalny
Arkhangelsk
16/01/2021
article 20.2 § 2 of CAO
45 hours of community service
Arkhangelsk Regional Court
01/04/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
57562/21*
07/11/2021
Sharafdzhon Mukimdzhonovich SOBIROV
1984
Nikolay Sergeyevich Zboroshenko
Mytishchi
Demonstration in support of Izzat Amon
Moscow
02/04/2021
article 20.2 § 5 of CAO
fine of RUB 5000
Moscow City Court
13/07/2021
Art. 5 (1) - unlawful deprivation of liberty - Detention took place on 02/04/2021 in excess of 3 hours. The applicant was taken to a police station for the sole purpose of drawing up an administrative offence record (raised on appeal in the administrative proceedings),
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 police officers on whose written statements the applicant’s conviction was based
57565/21*
07/11/2021
Murodali Makhmadnaimovich SALIMOV
1999
Nikolay Sergeyevich Zboroshenko
Mytishchi
Demonstration 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. 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 deprivation of liberty - Detention took place on 02/04/2021 in excess of 3 hours. The applicant was taken to a police station for the sole purpose of drawing up an administrative offence record (raised on appeal in the administrative 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 police officers on whose written statements the applicant’s conviction was based
58164/21*
05/11/2021
Mariya Alekseyevna SMIRNOVA
1988
Nikolay Sergeyevich Zboroshenko
Mytishchi
Picket in support of A. Navalnyy
Moscow
19/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
25/08/2021
Art. 5 (1) - unlawful deprivation of liberty - Detention took place on 19/01/2021 in excess of three hours. The applicant was taken to a police station for the sole purpose of drawing up an administrative offence record (raised on appeal in the administrative proceedings),
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 police officers on whose written statements the applicant’s conviction was based
1435/22*
21/12/2021
Aleksandr Andreyevich YARKIN
2002
Mansur Idrisovich Gilmanov
Podolsk
March of Russian nationalists
Moscow
04/11/2020
article 20.2 § 6.1 of CAO
fine of RUB 20,000
Moscow City Court
27/09/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings, in particular, before the first instance court,
Art. 5 (1) - unlawful deprivation of liberty – escorting to a police station on 04/11/2020 for the sole purpose of drawing up a record of administrative offence - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable on the spot to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019)
7143/22*
31/01/2022
Svyatoslav Andreyevich LEKONTSEV
2002
Ivan Yuryevich Zhdanov
Vilnius
Manifestation in support of A. Navalnyy
Perm
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Perm Regional Court
25/08/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
8108/22*
18/01/2022
Anastasiya Olegovna GOMENYUK
1986
Mariya Valeryevna Chashchilova
Moscow
Manifestation in support of A. Navalnyy
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
27/10/2021
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 deprivation of liberty - The applicant complained of her detention on 31/01/2021 and that the administrative-offence report could have been drawn up at the place where the offence had been discovered (see Navalnyy and Yashin v. Russia, no. 76204/11, § 92, 4 December 2014; Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; and Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019). The applicant also complained that she had been detained for more than three hours after the offence record was drawn up without any justification (Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018). She was detained at 11:50 a.m. on 31/01/2021 and released at midnight. Both complaints were raised on appeal.
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - The applicant complained that she had been unable to cross-examine during the court proceedings the police officers on whose written statements her conviction was based. She duly provided the officers’ names in her motions to domestic courts and explained why it was important to call and examine them.
8587/22
14/01/2022
Sergey Aleksandrovich SMIRNOV
2000
Konstantin Mikhaylovich Zinovyev
Nizhniy Novgorod
Manifestation in support of A. Navalnyy
Nizhniy Novgorod
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 5,000
Nizhniy Novgorod Regional Court
15/07/2021
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 deprivation of liberty - The applicant complained of his detention on 31/01/2021 and that the administrative-offence report could have been drawn up at the place where the offence had been discovered (see Navalnyy and Yashin v. Russia, no. 76204/11, § 92, 4 December 2014; Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; and Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019).
The applicant also complained that he had been detained for more than three hours after the offence record was drawn up without any justification (Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018). He was detained at 12:30 p.m. on 31/01/2021 and released at 6:30 p.m. on the same day. Both complaints were raised on appeal.
8599/22
14/01/2022
Vyacheslav Vyacheslavovich ISAKOV
1974
Konstantin Mikhaylovich Zinovyev
Nizhniy Novgorod
Manifestation in support of A. Navalnyy
Nizhniy Novgorod
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 5,000
Nizhniy Novgorod Regional Court
15/07/2021
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 deprivation of liberty - The applicant complained of his detention on 31/01/2021 and that the administrative-offence report could have been drawn up at the place where the offence had been discovered (see Navalnyy and Yashin v. Russia, no. 76204/11, § 92, 4 December 2014; Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; and Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019).
The applicant also complained that he had been detained for more than three hours after the offence record was drawn up without any justification (Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018). He was detained at 12:30 p.m. on 31/01/2021 and released at 8:00 p.m. the same day. Both complaints were raised on appeal.
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - The applicant complained that he had been unable to cross-examine during the court proceedings the police officers on whose written statements his conviction was based. He duly provided the officers’ names in his motions to domestic courts and explained why it was important to call and examine them.
12376/22*
24/02/2022
Manzar Shokhimboyevich YUSUPOV
1985
Kseniya Dmitriyevna Prosvirkina
Moscow
Demonstration in support of Izzat Amon
Moscow
02/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
27/08/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
12869/22
17/02/2022
Andrey Valeryevich KRAVTSOV
1984
Ilya Vladimirovich Sivoldayev
Voronezh
Manifestation in support of A. Navalnyy
Voronezh
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Voronezh Regional Court
17/08/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings (see Karelin v. Russia, no. 926/08, §§ 69-84, 20 September 2016).
13120/22*
17/02/2022
Igor Aleksandrovich GREKOV
1994
Memorial Human Rights Centre
Moscow
Manifestation in support of A. Navalnyy
Voronezh
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Voronezh Regional Court
23/08/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings (see Karelin v. Russia, no. 926/08, §§ 69-84, 20 September 2016),
Art. 5 (1) - unlawful deprivation of liberty - The applicant complained of his detention on 21/04/2021 and that the administrative-offence report could have been drawn up at the place where the offence had been discovered (see Navalnyy and Yashin v. Russia, no. 76204/11, § 92, 4 December 2014; Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; and Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019) (raised on appeal),
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - The applicant complained that he had been unable to cross-examine during the court proceedings the police officers on whose written statements his conviction was based. He duly provided the officers’ names in his motions to domestic courts and explained why it was important to call and examine them.
13124/22
17/02/2022
Aleksey Sergeyevich FILIPPOV
1989
Memorial Human Rights Centre
Moscow
Manifestation in support of A. Navalnyy
Ivanovo
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Ivanovo Regional Court
23/08/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings (see Karelin v. Russia, no. 926/08, §§ 69-84, 20 September 2016),
Art. 5 (1) - unlawful deprivation of liberty - The applicant complained of his detention on 21/04/2021 and that the administrative-offence report could have been drawn up at the place where the offence had been discovered (see Navalnyy and Yashin v. Russia, no. 76204/11, § 92, 4 December 2014; Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; and Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019) (raised on appeal),
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - The applicant complained that he had been unable to cross-examine during the court proceedings the police officers on whose written statements his conviction was based. He duly provided the officers’ names in his motions to domestic courts and explained why it was important to call and examine them.
13126/22*
17/02/2022
Lev Robertovich PUSHNOV
1963
Memorial Human Rights Centre
Moscow
Manifestation in support of A. Navalnyy
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 15,000
Moscow City Court
23/09/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings (see Karelin v. Russia, no. 926/08, §§ 69-84, 20 September 2016),
Art. 5 (1) - unlawful deprivation of liberty - The applicant complained of his detention on 31/01/2021 and that the administrative-offence report could have been drawn up at the place where the offence had been discovered (see Navalnyy and Yashin v. Russia, no. 76204/11, § 92, 4 December 2014; Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; and Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019) (raised on appeal);
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - The applicant complained that he had been unable to cross-examine during the court proceedings the police officers on whose written statements his conviction was based. He duly provided the officers’ names in his motions to domestic courts and explained why it was important to call and examine them
13540/22*
31/01/2022
Andrey Denisovich BOKAREV
1997
Ruslan Yuryevich Bannikov
Voronezh
Manifestation in support of A. Navalnyy
Voronezh
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Voronezh Regional Court
28/09/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 21-22/04/2021 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence (raised on appeal),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
19137/22*
26/03/2022
Tazret Sergeyevich TEDEYEV
1991
Manifestation in support of A. Navalnyy
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Moscow City Court
27/09/2021
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 deprivation of liberty - arrest on 02/02/2021 for the sole purpose of drawing up a record of administrative offence (raised on appeal)
28513/22*
13/05/2022
Nadezhda Leonidovna ZAGORDAN
1984
Yuliya Mikhaylovna Tregubova
Balashikha
Manifestation in support of A. Navalnyy
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
17/11/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
29348/22
14/05/2022
Stepan Vladimirovich SAMOYLENKO
1993
Natalya Andreyevna Baranova
Moscow
Manifestation in support of A. Navalnyy
Moscow
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
15/11/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 5 (1) - unlawful deprivation of liberty - arrest on 22/05/2021 for the sole purpose of drawing up a record of administrative offence (raised on appeal)
30755/22*
06/03/2022
Aleksandr Nikolayevich KOLOSOV
1981
Memorial Human Rights Centre
Moscow
"Political performance" in support of "The Other Russia" political party of E. Limonov
St Petersburg
29/07/2021
article 20.2 § 2 of CAO
administrative detention of 3 days
St Petersburg City Court
07/09/2021
Art. 5 (1) - unlawful detention - Detention took place from 3 p.m. on 29/07/2021 to 3 p.m. on 30/07/2021. The applicant was taken to a police station for the sole purpose of drawing up an administrative offence record (raised on appeal),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant on 30/07/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
5090/23*
13/01/2023
Aleksandr Yevgenyevich SHAPOSHNIKOV
2003
Vladimir Sergeyevich Nemanov
Moscow
Demonstration in memory of Boris Nemtsov
Moscow
27/02/2022
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
13/09/2022
Art. 5 (1) - unlawful deprivation of liberty - Detention took place from 5.45 p.m. on 27/02/2022 to 2.55 a.m. on 28/02/2022. The applicant was taken to a police station for the sole purpose of drawing up an administrative offence record and remained in the detention beyond 3-hour statutory period (raised on appeal in the administrative proceedings),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings