Published on 8 January 2024
FIFTH SECTION
Application no. 52356/21
Artur Tofikovich MAGOMEDOV against Russia
and 24 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
52356/21*
07/09/2021
Artur Tofikovich MAGOMEDOV
2002
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally “Free Navalnyy”
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
16/04/2021
Art. 5 (1) - unlawful detention - Arrest and detention on 02/02/2021 - 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); the complaint was 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 the police officers on whose written statements the applicant’s conviction was based
55520/21*
23/10/2021
Ilya Vasilyevich KHVATOV
2001
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally “Free Navalnyy”
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
03/06/2021
Art. 5 (1) - unlawful detention - Arrest and detention on 23/01/2021 - 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, 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 was 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 proceeding,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine the police officers on whose written statements the applicant’s conviction was based
55527/21*
23/10/2021
Yuriy Alekseyevich BARANOV
1965
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally “Free Navalnyy”
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
27/05/2021
Art. 5 (1) - unlawful detention - Arrest and detention on 23/01/2021 - 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, 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 was 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 the police officers on whose written statements the applicant’s conviction was based
56000/21*
05/11/2021
Yevgeniy Vitalyevich KONOVALOV
1988
Ivan Yuryevich Zhdanov
Vilnius
Rally “Free Navalnyy”
Omsk
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Omsk Regional Court
18/05/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
56271/21*
25/10/2021
Igor Yuryevich DRANDIN
1980
Nikolay Sergeyevich Zboroshenko
Mytishchi
Forum of Independent Deputies
Moscow
13/03/2021
article 20.33 of CAO
fine of RUB 15,000
Izmaylovskiy District Court of Moscow
25/05/2021
Art. 5 (1) - unlawful detention - Arrest detention on 13/03/2021 - 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); the complaint was raised on appeal in the administrative proceedings
2372/22
06/12/2021
Kristina Olegovna KOVYRUSHINA
2000
Aleksey Vladimirovich Glukhov
Novocheboksarsk
Rally “Free Navalnyy”
Cheboksary
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Supreme Court of the Chuvashia Republic
01/07/2021
Art. 5 (1) - unlawful detention - Arrest and detention on 23/04/2021 - 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); the complaint was 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 the police officers on whose written statements the applicant’s conviction was based
2376/22*
06/12/2021
Kirill Gennadyevich FEDOROV
1994
Aleksey Vladimirovich Glukhov
Novocheboksarsk
Rally “Free Navalnyy”
Cheboksary
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Chuvashia Republic
01/07/2021
Art. 5 (1) - unlawful detention - Arrest and detention on 23/04/2021 - 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); the complaint was 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
34956/22*
15/05/2022
Maksim Vladimirovich POVARNIN
1998
Natalya Andreyevna Baranova
Moscow
Rally “Free Navalnyy”
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
15/11/2021
Art. 5 (1) - unlawful detention - Arrest and detention from 10.40 a.m. to 5.00 p.m. on 02/02/2021 - 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); Detention as an administrative suspect: the applicant remained in detention after the offence record had been compiled (see Korneyeva v. Russia, no. 72051/17, § 35, 8 October 2019); the complaints were 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
35178/22*
26/06/2022
Igor Dmitriyevich DUDAR
1998
Natalya Andreyevna Baranova
Moscow
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
01/03/2022
Art. 5 (1) - unlawful detention - Arrest and detention from 1.15 p.m. on 31/01/2021 to 0.59 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: the applicant remained in detention after the offence record had been compiled (see Korneyeva v. Russia, no. 72051/17, § 35, 8 October 2019); the complaints were 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 the police officers on whose written statements the applicant’s conviction was based
35182/22*
27/06/2022
Natalya Olegovna BEKISHEVA
2001
Natalya Andreyevna Baranova
Moscow
Anti-war protest
St Petersburg
27/02/2022
article 20.2.2 § 1 of CAO
detention for 5 days
St Petersburg City Court
03/03/2022
Art. 5 (1) - unlawful detention - Arrest and detention on 27/02/2022 - 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); Detention as an administrative suspect: 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 the police officers 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 was executed immediately, on account of the lack of a suspensive effect of an appeal under the CAO
35295/22
01/06/2022
Ivan Borisovich KUZNETSOV
1987
Leonid Leonidovich Krikun
St Petersburg
Anti-war protest
St Petersburg
27/02/2022
article 20.2.2 § 1 of CAO
9 days’ administrative arrest
St Petersburg City Court
03/03/2022
Art. 5 (1) - unlawful detention - Arrest and detention on 27/02/2022 - 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); Detention as an administrative suspect: 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 the police officers 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 was executed immediately, on account of the lack of a suspensive effect of an appeal under the CAO
36847/22*
14/07/2022
Valeriya Maksimovna TOROPOVA
2001
Natalya Andreyevna Baranova
Moscow
Anti-war protest
St Petersburg
24/02/2022
article 20.2.2 § 1 of CAO
5 days’ administrative arrest
St Petersburg City Court
15/03/2022
Art. 5 (1) - unlawful detention - Arrest and detention on 24/02/2022 - 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); the complaint was 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,
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 a suspensive effect of an appeal under the CAO
36874/22*
11/07/2022
Kseniya Konstantinovna MAKEYEVA
2000
Natalya Andreyevna Baranova
Moscow
Anti-war protest
St Petersburg
03/03/2022
article 20.2.2 § 1 of CAO
15 days’ administrative arrest
St Petersburg City Court
14/03/2022
Art. 5 (1) - unlawful detention - Arrest and detention on 03/03/2022 - 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); the complaint was 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,
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 a suspensive effect of an appeal under the CAO
37022/22*
06/07/2022
Maksim Leonidovich FEDOTOV
1991
Natalya Andreyevna Baranova
Moscow
Anti-war protest
St Petersburg
24/02/2022
article 20.2.2 § 1 of CAO
10 days’ administrative arrest
St Petersburg City Court
21/04/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine the police officers on whose written statements the applicant’s conviction was based
37034/22*
14/07/2022
Yelizaveta Pavlovna KUROCHKINA
2000
Natalya Andreyevna Baranova
Moscow
Anti-war protest
St Petersburg
06/03/2022
article 20.2.2 § 1 of CAO
7 days’ administrative arrest
St Petersburg City Court
30/03/2022
Art. 5 (1) - unlawful detention - 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); the complaint was 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 confront the police officers 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 was executed immediately, on account of the lack of a suspensive effect of an appeal under the CAO
37061/22*
17/07/2022
Anna Valeryevna FIRSOVA
1977
Natalya Andreyevna Baranova
Moscow
Anti-war protest
St Petersburg
02/03/2022
article 20.2.2 § 4 of CAO
fine of RUB 150,000
St Petersburg City Court
18/03/2022
Art. 5 (1) - unlawful detention - Arrest and detention from 8.10 p.m. on 02/03/2022 to 2.15 p.m. on 03/03/2022 - 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); Detention as an administrative suspect: 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 was executed immediately, on account of the lack of a suspensive effect of an appeal under the CAO
37088/22*
17/07/2022
Vyacheslav Alekseyevich IVANOV
1990
Natalya Andreyevna Baranova
Moscow
Anti-war protest
St Petersburg
06/03/2022
article 20.2 § 6.1 of CAO
detention for 12 days
St Petersburg City Court
17/03/2022
Art. 5 (1) - unlawful detention - Arrest and detention from 2.30 p.m. on 06/03/2022 to 5 p.m. on 07/03/2022 - 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); Detention as an administrative suspect: 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 the trial the police officers 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 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
38536/22*
20/07/2022
Tatyana Vladimirovna SIDOROVA
1997
Natalya Andreyevna Baranova
Moscow
Anti-war protest
St Petersburg
02/04/2022
article 20.2 § 6.1 of CAO
10 days’ administrative arrest
St Petersburg City Court
11/04/2022
Art. 5 (1) - unlawful detention - Arrest and detention from 3.40 p.m. on 02/04/2022 to 2.50 p.m. on 03/04/2022 - 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); Detention as an administrative suspect: 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 - in ability to confront the police officers 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 was executed immediately, on account of the lack of a suspensive effect of an appeal under the CAO
38544/22*
19/07/2022
Yelena Viktorovna VISHNYAKOVA
1987
Natalya Andreyevna Baranova
Moscow
Anti-war protest
Volgograd
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Volgograd Regional Court
21/04/2022
Art. 5 (1) - unlawful detention - 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); the complaint was raised on appeal in the administrative proceedings
38560/22*
20/07/2022
Mayya Sergeyevna OZHIGANOVA
1991
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
22/03/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 7.45 p.m. on 27/02/2022 until 2.05 a.m. on 28/02/2022 - 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); Detention as an administrative suspect: the applicant remained in detention after the offence record had been compiled (see Korneyeva v. Russia, no. 72051/17, § 35, 8 October 2019); the complaints were 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 the police officers on whose written statements the applicant’s conviction was based
39039/22*
14/07/2022
Boris Pavlovich MASLAKOV
1986
Natalya Andreyevna Baranova
Moscow
Anti-war protest
St Petersburg
27/02/2022
article 20.2.2 § 1 of CAO
10 days’ administrative arrest
St Petersburg City Court
15/03/2022
Art. 5 (1) - unlawful detention - Arrest and detention from 8.30 p.m. on 27/02/2022 until 7.00 p.m. on 01/03/2022 - 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); Detention as an administrative suspect: no evidence/assessment of “exceptional circumstances” under Art. 27.3 § 1 CAO (see Butkevich v. Russia, no. 5865/07, §§ 63-64, 13 February 2018; Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018);
Detention as an administrative suspect: the applicant remained in detention after the offence record had been compiled (see Korneyeva v. Russia, no. 72051/17, § 35, 8 October 2019); the complaints were 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 the police officers on whose written statements the applicant’s 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
49766/22*
23/09/2022
Natalya Viktorovna CHEPAINOVA
1995
Natalya Andreyevna Baranova
Moscow
Anti-war protest
St Petersburg
02/03/2022
article 20.2 § 5 of CAO
fine of RUB 12,000
St Petersburg City Court
24/05/2022
50506/22
06/10/2022
Sofiya Anastasovna DEMYANOVA
1995
Natalya Andreyevna Baranova
Moscow
Anti-war protest
Moscow
27/02/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
07/06/2022
Art. 5 (1) - unlawful detention - Arrest and detention from 5.10 p.m. on 27/02/2022 until 1.50 a.m. on 28/02/2022 - 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); 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); the complaints were 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 the police officers on whose written statements the applicant’s conviction was based
19852/23*
22/09/2021
Yelena Andreyevna ZAGORULKO
1987
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally “Free Navalnyy”
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
28/04/2021
Art. 5 (1) - unlawful detention - Arrest and detention on 23/01/2021 - 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, 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 was 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 the police officers on whose written statements the applicant’s conviction was based
20293/23*
07/09/2021
Maksim Petrovich SIDOROVICH
1999
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally “Free Navalnyy”
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
detention for 7 days
Moscow City Court
06/04/2021
Art. 5 (1) - unlawful detention - Arrest and detention on 02/02/2021 - 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); the complaint was 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 the police officers on whose written statements the applicant’s conviction was based
Full & Egal Universal Law Academy