Published on 8 January 2024
FIRST SECTION
Application no. 12249/21
Aleksandr Leonidovich LUTSKEVICH against Russia
and 10 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
12249/21*
05/02/2021
Aleksandr Leonidovich LUTSKEVICH
1972
Daniil Alekseyevich Polyakov
Voronezh
Rally against constitutional amendments
Voronezh
27/06/2020
article 20.2 § 5 of CAO
fine of RUB 10,000
Voronezh Regional Court
05/08/2020
Art. 5 (1) – unlawful detention – the applicant was summoned to appear at the police station on 03/07/2020 to compile an offence record in respect of his participation in a rally on 27/06/2020, he was detained at the police station until 2.30 p.m. after the record of offence had been compiled,
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.
41146/21
28/07/2021
Aleksey Anatolyevich TUPITSIN
1969
Vyacheslav Sergeyevich Ivanets
Tbilisi, Georgia
Rally “Free Navalnyy”
Ust-Kuta
21/04/2021
article 20.2 § 2 of CAO
detention for 9 days
Irkutsk Regional Court
17/05/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
50886/21*
01/10/2021
Dinar Ayratovich GIMAYEV
1982
Ivan Yuryevich Zhdanov
Vilnius
Rally “Free Navalnyy”
Penza
23/01/2021
article 20.2 § 5 of CAO
20 hours of community service
Penza Regional Court
08/04/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 for 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.
1964/22
03/12/2021
Alena Valeriyevna KASHBULLINA
1998
Natalya Andreyevna Baranova
Moscow
Rally “Free Navalnyy”
St Petersburg
02/02/2021
article 20.2.2 § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
03/06/2021
Art. 5 (1) - unlawful detention - escorting to the police station at 12 a.m. on 03/02/2021 for compiling an offence report; detention beyond the three-hour statutory period,
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.
3304/22*
30/12/2021
Oleg Semenovich BESPALOV
1960
Ivan Yuryevich Zhdanov
Vilnius
Rally “Free Navalnyy”
Perm
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Perm Regional Court
20/07/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 23/04/2021 for compiling an offence report on account of the applicant’s participation in the rally of 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.
37658/22*
19/07/2022
Aleksandra Vadimovna ELLER
1990
Natalya Andreyevna Baranova
Moscow
Anti-war protest
St Petersburg
24/02/2022
article 20.2.2 § 1 of CAO
detention for 5 days
St Petersburg City Court
22/03/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 24/02/2022 for compiling an offence report; detention beyond the three-hour statutory period,
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,
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.
37671/22*
16/07/2022
Sergey Aleksandrovich FEDOROV
1997
Natalya Andreyevna Baranova
Moscow
Anti-war protest
St Petersburg
27/02/2022
article 20.2.2 § 1 of CAO
fine of RUB 15,000
St Petersburg City Court
22/03/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 27/02/2022 for compiling an offence report, detention beyond the three-hour statutory period,
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.
39122/22*
29/07/2022
Irina Aleksandrovna SHCHELOKOVA
Daniil Alekseyevich Polyakov
Voronezh
Anti-war protest
Voronezh
24/02/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Voronezh Regional Court
24/05/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 24/02/2022 for 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 her conviction was based.
39709/22*
02/08/2022
Oksana Nikolayevna SHURUKHINA
1977
Natalya Andreyevna Baranova
Moscow
Anti-war protest
St Petersburg
27/02/2022
article 20.2.2 § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
05/04/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 27/02/2022 for compiling an offence report, detention beyond the three-hour statutory period,
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.
47824/22*
26/09/2022
Sergey MORYAKOV
1990
Natalya Andreyevna Baranova
Moscow
Anti-war protest
Yekaterinburg
06/03/2022
article 20.2 § 5 of CAO
30 hours of community work
Sverdlovsk Regional Court
01/06/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report, detention beyond the three-hour statutory period,
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.
49772/22*
24/09/2022
Pavel Viktorovich ARKHIPOV
1997
Anti-war protest
St Petersburg
06/03/2022
article 20.2 § 2 of CAO
fine of RUB 10,000
St Petersburg City Court
24/05/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report; detention beyond the three-hour statutory period,
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
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