Published on 30 October 2023
FOURTH SECTION
Application no. 47048/21
Eleonora Vitalyevna MAKSIMOVA against Russia
and 20 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 5 October 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 charges
Penalty
Final domestic decision
Court Name
Date
Other complaints under well-established case-law
47048/21*
15/09/2021
Eleonora Vitalyevna MAKSIMOVA
2001
Ivan Yuryevich Zhdanov
Vilnius
Rally in support of Mr A.Navalnyy
Ufa
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Bashkortostan Republic
24/03/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances", from 01.30 p.m. to 05.40 p.m. on 31/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Supreme Court of the Bashkortostan Republic, 24/03/2021,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial two police officers on whose written statements his conviction was based
48482/21*
25/08/2021
Dmitriy Alekseyevich ZUYEV
1998
Ivan Yuryevich Zhdanov
Vilnius
Rally in support of Mr A. Navalnyy
Vladimir
23/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Vladimir Regional Court
15/03/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 02.10 p.m. on 23/01/2021 to 25/01/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Vladimir Regional Court, 15/03/2021;
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 police officer on whose written statements the applicant’s conviction was based
48590/21*
15/09/2021
Vladimir Vladimirovich USACHEV
1976
Ivan Yuryevich Zhdanov
Vilnius
Rally in support of Mr A. Navalnyy
Vladimir
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Vladimir Regional Court
24/03/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 04.30 p.m. 23/01/2021 to 25/01/2021, hearing in the applicant’s administrative-offence case;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Vladimir Regional Court, 24/03/2021;
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 police officer on whose written statements the applicant’s conviction was based
48912/21*
24/09/2021
Temir Sabitovich NURBAYEV
1989
Ivan Yuryevich Zhdanov
Vilnius
Rally in support of Mr A. Navalnyy
Pyatigorsk
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Stavropol Regional Court
31/03/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 03.30 p.m. on 23/01/2021 to 24/01/2021, hearing in the applicant’s administrative-offence case;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Stavropol Regional Court, 31/03/2021;
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 police officer on whose written statements the applicant’s conviction was based
49892/21
22/09/2021
Anton Romanovich DEMCHUK
2001
Anna Yevgenyevna Bochilo
Barnaul
Rally in support of Mr A. Navalnyy
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
23/06/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 03.30 p.m. to an unspecified time in the evening on the same day, 23/01/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 23/06/2021;
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based
51356/21*
18/09/2021
Yana Yakovlevna TSYGANKOVA
1997
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally in support of Mr A. Navalnyy
Moscow
23/01/2021
Rally in support of Mr A. Navalnyy
Moscow
02/02/2021
article 20.2 § 5 of CAO
article 20.2 § 6.1 of CAO
fine of RUB 15,000
administrative detention of 10 days
Moscow City Court
29/06/2021
Moscow City Court
14/04/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence, on 23/01/2021 and on 02/02/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions: Moscow City Court, 14/04/2021and 29/06/2021;
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - Inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based in both sets of administrative-offence proceedings
51788/21*
15/10/2021
Alina Aleksandrovna ALEKSEYEVA
2000
Ivan Yuryevich Zhdanov
Vilnius
Rally in support of Mr A. Navalnyy
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
26/04/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 05.30 p.m. on 23/01/2021 to 00.30 a.m. on 24/01/2021, the applicant remained detained even after the offence report had been drawn up;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 26/04/2021;
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 the trial the police officers on whose written statements the applicant’s conviction was based
51793/21*
15/10/2021
Yegor Mikhaylovich KOSTIN
2021
Ivan Yuryevich Zhdanov
Vilnius
Rally in support of Mr A. Navalnyy
Voronezh
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Voronezh Regional Court
27/04/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Voronezh Regional Court, 27/01/2021;
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based
51935/21*
15/10/2021
Erik Aleksandrovich ARTAMONOV
2001
Ivan Yuryevich Zhdanov
Vilnius
Rally in support of Mr A. Navalnyy
Tomsk
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Tomsk Regional Court
23/04/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Tomsk Regional Court, 23/04/2021;
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 the trial the police officers on whose written statements the applicant’s conviction was based
52385/21*
07/10/2021
Aleksey Fedorovich KRUGLOV
1985
Olimpiada Valentinovna Usanova
Nizhniy Novgorod
Rally in support of Mr A. Navalnyy
Nizhniy Novgorod
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
07/04/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 12.35 p.m. on 31/01/2021 to 05.00 p.m. on 01/02/2021, hearing in the applicant’s administrative-offence case;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Nizhniy Novgorod Regional Court, 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 the trial the police officers on whose written statements the applicant’s conviction was based
52480/21
09/10/2021
Vladimir Fedorovich KOLBUNOV
1957
Anna Yevgenyevna Bochilo
Barnaul
Rally in support of Mr A. Navalnyy
Barnaul
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Altay Regional Court
15/07/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence, on 21/04/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Altay Regional Court, 15/07/2021
52482/21
09/10/2021
Valentina Petrovna KOLBUNOVA
1957
Anna Yevgenyevna Bochilo
Barnaul
Rally to support Mr A. Navalnyy
Barnaul
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Altay Regional Court
15/07/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence, on 21/04/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Altay Regional Court, 15/07/2021
53233/21*
06/10/2021
Svetlana Azimatovna BATCHAYEVA
1997
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally in support of Mr A. Navalnyy
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
23/08/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence on 02/02/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 23/08/2021;
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - Inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based
53500/21*
07/10/2021
Yevgeniy Aleksandrovich KISILEV
1983
Olimpiada Valentinovna Usanova
Nizhniy Novgorod
Rally in support of Mr A. Navalnyy
Nizhniy Novgorod
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
07/04/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Nizhniy Novgorod Regional Court, 07/04/2021;
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 the trial the police officers on whose written statements the applicant’s conviction was based
53788/21*
21/10/2021
Nikolay Danilovich KORYAGIN
1990
Ivan Yuryevich Zhdanov
Vilnius
Rally in support of Mr A. Navalnyy
Kazan
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
28/04/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 12.50 p.m. on 31/01/2021 to 01/02/2021, hearing in the applicant’s administrative-offence case
53942/21*
19/10/2021
Stanislava Vadimovna LYAPINA
2002
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally in support of Mr A. Navalnyy
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
21/07/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence on 23/01/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 27/07/2021;
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - Inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based
54069/21*
14/10/2021
Daniil Aleksandrovich KLESTOV
1999
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally in support of Mr A. Navalnyy
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of RUB 12,000
Moscow City Court
11/05/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence, on 02/02/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision, Moscow City Court, 11/05/2021;
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based
54169/21*
14/10/2021
Galina Sergeyevna YAKOVENKO
1999
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally in support of Mr A. Navalnyy
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of RUB 12,000
Moscow City Court
23/08/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence on 02/02/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings – final decision: Moscow City Court, 23/08/2021;
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based
54261/21*
15/10/2021
Sergey Yuryevich ANDREYEV
1981
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally in support of Mr A. Navalnyy
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
administrative detention of 10 days
Moscow City Court
13/05/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 31/01/2021 to 01/02/2021, hearing in the applicant’s administrative-offence case;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 13/05/2021;
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - Inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based
54267/21*
15/10/2021
Vasiliy Eduardovich STRASHKO
1996
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally in support of Mr A. Navalnyy
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
09/07/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 01.15 p.m. on 31/01/2021 to midnight;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 09/07/2021;
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based
55306/21*
23/10/2021
Mikhail Vadimovich PAKHOTNYKH
1992
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally in support of Mr A. Navalnyy
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
09/06/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence on 31/01/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 09/06/2021;
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based
Full & Egal Universal Law Academy