Published on 30 October 2023
FIFTH SECTION
Application no. 4562/23
Anton Aleksandrovich MALGAZHDAROV against Russia
and 8 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 10 § 1 of the Convention relating to disproportionate measures against solo demonstrators which are the subject of well-established case law of the Court (see Novikova and Others v. Russia, nos. 25501/07 and 4 others, 26 April 2016, and Lashmankin and Others v. Russia, nos. 57818/09 and 14 others, 7 February 2017).
APPENDIX – STATEMENT OF FACTS
List of applications raising complaints under Article 10 § 1 of the Convention
(disproportionate measures against solo demonstrators)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Location
Date
Purpose of the demonstration
Administrative charges
Penalty
Final domestic decision
Date
Name of the court
Other relevant information
Other complaints under well-established case-law
4562/23*
11/01/2023
Anton Aleksandrovich MALGAZHDAROV
1990
Tatyana Aleksandrovna Belova
Moscow
Moscow, 05/01/2022, Support of protests in Kazakhstan
article 20.2 § 5 of CAO,
fine of RUB 10,000
15/09/2022, Moscow City Court
distance requirement - event classified as assembly post facto
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention (i) on 05/01/2022 and (ii) on 06/03/2022, each time for the sole purpose of drawing up an offence record,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings (first set of proceedings, final judgment of 15/09/2022, Moscow City Court),
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 (first set of proceedings, final judgment of 15/09/2022),
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - Rally against the war in Ukraine held on 06/03/2022 in Moscow, arrest and conviction under article 20.2 § 5 CAO, fine of RUB 20,000, final judgment: 29/09/2022, Moscow City Court
4699/23*
17/01/2023
Aleksandr Vladimirovich SHEVCHENKO
1980
Moscow, 24/02/2022, Protest against the war in Ukraine
article 20.2 § 5 of CAO,
fine of RUB 20,000
21/09/2022, Moscow City Court
ban on public events at certain locations, Red Square
5446/23*
22/01/2023
Taisiya Yevgenyevna YAZRIKOVA
1987
Moscow, 26/02/2022, Protest against the war in Ukraine
article 20.2 § 5 of CAO,
fine of RUB 20,000
13/10/2022, Moscow City Court
Art. 5 (1) - unlawful detention – arrest, escorting to a police station, detention on 26/02/2022 for the sole purpose of drawing up a record of administrative offence
6877/23*
24/01/2023
Mikhail Aleksandrovich SALOMATIN
1981
Moscow, 05/03/2022, Protest against the war in Ukraine
article 20.2 § 5 of CAO,
fine of RUB 15,000
27/09/2022, Moscow City Court
8507/23*
19/01/2023
Anna Vladimirovna DANILINA
1988
Moscow, 06/03/2022, Protest against the war in Ukraine
article 20.2 § 5 of CAO,
fine of RUB 10,000
19/09/2022,
Moscow City Court
Art. 5 (1) - unlawful detention - arrest and escorting to a police station, detention there on 06/03/2023 for the sole purpose of drawing up a record of administrative offence
9548/23*
09/02/2023
Varvara Vladimirovna OBROSOVA
1986
Moscow, 27/02/2022, Protest against the war in Ukraine
article 20.2 § 5 of CAO,
fine of RUB 20,000
11/10/2022, Moscow City Court
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 27/02/2022 for the sole purpose of drawing up a record of an administrative offence
11234/23*
11/02/2023
Natalya Viktorovna LADYGINA
1964
Moscow, 26/02/2022. Protest against the war in Ukraine
article 20.2 § 5 of CAO,
fine of RUB 10,000
11/10/2022, Moscow City Court
Art. 5 (1) - unlawful detention- arrest and escorting to a police station on 26/02/2022 for the sole purpose of drawing up an offence record
12071/23*
25/02/2023
Olga Gennadyevna NIKITINA
1983
Polina Artemovna Petrova
Moscow
Moscow, 02/03/2022, Protest against the war in Ukraine
article 20.2 § 5 of CAO,
fine of RUB 20,000
25/10/2022 Moscow City Court
Art. 5 (1) - unlawful detention- arrest, escorting to a police station on 02/03/2022 for the sole purpose of drawing up a record of administrative offence
12357/23*
17/02/2023
Polina Valeryevna KUZAVLEVA
1986
Nataliya Andreyevna Baranova
Moscow
Moscow, 05/03/2022, Protest against the war in Ukraine
article 20.2 § 5 of CAO,
fine of RUB 20,000
17/10/2022 Moscow City Court
Tying green ribbons to street poles
Art. 5 (1) - unlawful detention – arrest, escorting to the police station on 05/03/2022 for the sole purpose of drawing up a record of administrative offence
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