Published on 26 June 2023
THIRD SECTION
Application no. 25863/21
Artur Nikolayevich ILYIN against Russia
and 18 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 1 June 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
25863/21*
07/05/2021
Artur Nikolayevich ILYIN
1991
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally in support of A. Navalnyy
Moscow
31/01/2021
Article 20.2 § 6.1 of CAO
administrative detention of
15 days
Moscow City Court
05/02/2021
Art. 5 (1) - unlawful deprivation of liberty – arrest, escorting to a police station and detention between 31/01 and 01/02/2021 as administrative suspect: no evidence/assessment of any “exceptional circumstances” under the CAO;
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
25893/21*
07/05/2021
Nikolay Vladimirovich ZIMIREV
1984
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally in support of A. Navalnyy
Moscow
31/01/2021
Article 20.2 § 6.1 of CAO
administrative detention of
10 days
Moscow City Court
05/02/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest and detention between 31/01 and 01/02/2021 as administrative suspect: no evidence/assessment of any “exceptional circumstances” under the CAO;
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
25897/21*
07/05/2021
Timur Rustemovich ABUSHAYEV
1984
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally in support of A. Navalnyy
Moscow
31/03/2021
Article 20.2 § 6.1 of CAO
administrative detention of
15 days
Moscow City Court
05/02/2021
Art. 5 (1) - unlawful deprivation of liberty – arrest, escorting to a police station, detention between 31/01 and 01/02/2021 as administrative suspect: no evidence/assessment of any “exceptional circumstances” under the CAO;
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
25907/21*
07/05/2021
Sergey Sergeyevich VORONIN
1994
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally in support of A. Navalnyy
Moscow
31/01/2021
Article 20.2 § 6.1 of CAO
administrative detention for
15 days
Moscow City Court
08/02/2021
Art. 5 (1) - unlawful deprivation of liberty – arrest, escorting to a police station, detention between 31/01 and 01/02/2021 as administrative suspect: no evidence/assessment of any “exceptional circumstances” under the CAO;
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
25924/21*
07/05/2021
Dmitriy Aleksandrovich LASTOCHKIN
1996
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally in support of A. Navalnyy
Moscow
31/01/2021
Article 20.2 § 6.1 of CAO
administrative detention of
15 days
Moscow City Court
05/02/2021
Art. 5 (1) - unlawful deprivation of liberty – arrest, escorting to a police station, detention between 31/01 and 01/02/2021 as administrative suspect: no evidence/assessment of any “exceptional circumstances” under the CAO;
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
25933/21
27/04/2021
Gleb Igorevich DYNDAR
1996
Memorial Human Rights Centre
Moscow
Rally in support of A. Navalnyy
Moscow
02/02/2021
Article 20.2 § 6.1 of CAO
administrative detention of
13 days
Moscow City Court
08/02/2021
Art. 5 (1) - unlawful deprivation of liberty – arrest, escorting to a police station, detention on 03/02/2021 as administrative suspect: no evidence/assessment of any “exceptional circumstances” under the CAO;
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 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,
nos. 54381/08 and 5 others, §§ 179-91, 10 April 2018)
25934/21
27/04/2021
Liliya Fanisovna GALYAVIYEVA
1996
Memorial Human Rights Centre
Moscow
Rally in support of I. Safronov
Moscow
13/07/2020
Article 20.2 § 5 of CAO
administrative fine of
RUB 10 000
Moscow City Court
28/10/2020
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 13/07/2020 for the sole purpose of drawing up a record of an administrative offence (such record drawn up on 22/07/2020 only);
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
26121/21*
22/04/2021
Aleksey Vladimirovich CHEPURNOY
1998
Memorial Human Rights Centre
Moscow
Rally against the amendments into the Constitution
Moscow
15/07/2020
Article 20.2 § 6.1 of CAO
administrative fine of
RUB 20,000
Moscow City Court
22/10/2020
Art. 5 (1) - unlawful deprivation of liberty – arrest, escorting to a police station and detention on 15/07/2020 for the sole purpose of drawing up a record of administrative offence (such record compiled on 18/07/2020 only);
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
26127/21*
22/04/2021
Mikhail Anderyevich BAYLAKOV
2001
Memorial Human Rights Centre
Moscow
Rally against amendments into the Constitution
Moscow
15/07/2020
Article 20.2 § 6.1 of CAO
administrative fine of
RUB 10,000
Moscow City Court
18/11/2020
Art. 5 (1) - unlawful deprivation of liberty – arrest, escorting to s police station and detention on 15/07/2020 for the sole purpose of drawing up a record of administrative offence;
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
27406/21
05/05/2021
Roman Vladimirovich MOROZOV
1975
Rally in support of A. Navalnyy
Vologda
23/01/2021
Article 20.2 § 5 of CAO
administrative fine of
RUB 10,000
Vologda Regional Court
31/03/2021
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 open court police officers on whose written statements the applicant’s conviction was based
27761/21*
11/05/2021
Mariya Sergeyevna BUBLIK
1995
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally in support of A. Navalnyy
Moscow
02/02/2021
Article 20.2 § 6.1 of CAO
administrative detention of
4 days
Moscow City Court
09/02/2021
Art. 5 (1) - unlawful deprivation of liberty – arrest, escorting to a police station, detention on 03/02/2021 as administrative suspect: no evidence/assessment of any “exceptional circumstances” under the CAO;
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
27833/21*
07/05/2021
Artem Aleksandrovich FOMICHEV
1988
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally in support of A. Navalnyy
Moscow
31/01/2021
Article 20.2 § 6.1 of CAO
administrative detention of
15 days
Moscow City Court
05/02/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention between 31/01 and 01/02/2021 as administrative suspect: no evidence/assessment of any “exceptional circumstances” under the CAO;
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 - impossibility to question the police officers on whose written statements the applicant’s conviction was based.
28183/21*
11/05/2021
Veronika Valeryevna GALIYEVA
2001
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally in support of A. Navalnyy
Moscow
02/02/2021
Article 20.2 § 6.1 of CAO
administrative detention of
5 days
Moscow City Court
09/02/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 03/02/2021 as administrative suspect: no evidence/assessment of any “exceptional circumstances” under the CAO;
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 - impossibility to question the police officers on whose written statements the applicant’s conviction was based
28235/21
30/04/2021
Aleksey Igorevich MALSKIY
1988
Memorial Human Rights Centre
Moscow
Rally in support of A. Navalnyy
St Petersburg
31/01/2021
Article 20.2 § 6.1 of CAO
administrative detention of
10 days
St Petersburg City Court
04/02/2021
Art. 5 (1) - unlawful deprivation of liberty – arrest, escorting to a police station, detention between 31/01 and 01/02/2021 as administrative suspect: no evidence/assessment of any “exceptional circumstances” under the CAO;
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 account of the lack of suspensive effect of an appeal under the CAO (see Tsvetkova and Others, §§ 179-91, cited above).
28250/21
30/04/2021
Tigran Sergeyevich TIGRANYAN
1994
Memorial Human Rights Centre
Moscow
Rally in support of A. Navalnyy
Moscow
31/01/2021
Article 20.2 § 6.1 of CAO
administrative detention of
10 days
Moscow City Court
18/03/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention between 31/01 and 01/02/2021 as administrative suspect: no evidence/assessment of any “exceptional circumstances” under the CAO;
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 conviction was based;
Art. 6 (1) - unfair trial in administrative offence proceedings - inability to adduce evidence in support of the applicant’s account of events (photographs, video footage);
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 account of the lack of suspensive effect of an appeal under the CAO (see Tsvetkova and Others, cited above)
39028/21
22/07/2021
Dmitriy Petrovich BURAKOV
1981
Memorial Human Rights Centre
Moscow
Rally in support of A. Navalnyy
St. Petersburg
31/01/2021
Article 20.2.2 § 1 of CAO
administrative fine of
RUB 15,000
St. Petersburg City Court
01/06/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention on 31/01/2021 as administrative suspect: no evidence/assessment of any “exceptional circumstances” under the CAO;
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.
39184/21*
29/07/2021
Ivan Pavlovich MOROZOV
1991
Mariya Olegovna Eysmont
Moscow
Rally in support of A. Navalnyy
Moscow
31/01/2021
Article 20.2 § 6.1 of CAO
administrative detention of
3 days
Moscow City Court
05/02/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention between 31/01 and 01/02/2021 as administrative suspect: no evidence/assessment of any “exceptional circumstances” under the CAO;
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
39227/21*
22/07/2021
Ruslan Rustamovich ULDANOV
1994
Sergey Aleksandrovich Loktev
St Petersburg
Rally in support of A. Navalnyy
St Petersburg
31/01/2021
Article 20.2.2 § 1 of CAO
administrative detention of
10 days
St Petersburg City Court
02/03/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention between 31/01 and 01/02/2021 as administrative suspect: no evidence/assessment of any “exceptional circumstances” under the CAO;
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;
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 account of the lack of suspensive effect of an appeal under the CAO (see Tsvetkova and Others, cited above)
52938/22*
27/10/2022
Dmitriy Stanislavovich SULATSKOV
2001
Nikolay Sergeyevich Zboroshenko
Mytishchi
Anti-war protest
Moscow
04/03/2022
Article 20.2 § 5 of CAO
administrative fine of
RUB 35,000
Moscow City Court
05/09/2022
Art. 5 (1) - unlawful deprivation of liberty – arrest, escorting to a police station, detention on 04/03/2022 for the sole purpose of drawing up a record of administrative offence;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings