Published on 8 January 2024
FIFTH SECTION
Application no. 42001/21
Regina Yakovlevna MALYKHINA against Russia
and 36 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
42001/21*
05/08/2021
Regina Yakovlevna MALYKHINA
2000
Sergey Aleksandrovich Loktev
St Petersburg
Rally "Free Navalnyy"
St Petersburg
02/02/2021
article 20.2.2
§ 1 of CAO
fine of RUB 10,000
St Petersburg City Court
09/03/2021
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 the trial the police officers on whose written statements the applicant’s conviction was based.
42042/21*
14/08/2021
Diana Aleksandrovna CHURDALEVA
1996
Yelena Yuryevna Pershakova
Moscow
Rally " Free Navalnyy"
St Petersburg
31/01/2021
article 20.2.2
§ 1 of CAO
detention for 7 days
St Petersburg City Court
11/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 4.45 p.m. on 31/01/2021 until 01/02/2021;
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 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.
42174/21
05/08/2021
Nikita Sergeyevich US
1998
Aleksandr Dmitriyevich Peredruk
St Petersburg
Rally "Free Navalnyy"
St Petersburg
31/01/2021
article 20.2.2
§ 1 of CAO
detention for 11 days
St Petersburg City Court
11/02/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 4.30 p.m. on 31/01/2021 until 11.10 a.m. 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;
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.
42339/21*
08/08/2021
Viktoriya Viktorovna ZHUCHENKO
1994
Aleksey Sergeyevich Belozerov
St Petersburg
Rally "Free Navalnyy"
St Petersburg
31/01/2021
article 20.2.2
§ 1 of CAO
detention for 10 days
St Petersburg City Court
09/02/2021
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 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.
42378/21*
18/08/2021
Mikhail Mikhaylovich PUSHKAREV
1991
Yelena Yuryevna Pershakova
Moscow
Rally "Free Navalnyy"
St Petersburg
31/01/2021
article 20.2.2
§ 1 of CAO
detention for 10 days
St Petersburg City Court
11/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 4.45 p.m. on 31/01/2021 until 01/02/2021, when the applicant was taken to the court;
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) - unfair trial in administrative offence proceedings - various deficiencies of the administrative offence proceedings (insufficient time to prepare his defence; inability to cross-examine in the trial the police officers on whose written statements the 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.
42539/21*
10/08/2021
Sergey Viktorovich GALAYBO
1971
Vitaliy Viktorovich Cherkasov
St Petersburg
Rally "Free Navalnyy"
St Petersburg
31/01/2021
article 20.2.2
§ 1 of CAO
detention for 7 days
St Petersburg City Court
11/03/2021
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) - unfair trial in administrative offence proceedings - various deficiencies of the administrative offence proceedings (lack of adequate time and facilities for the preparation of his defence, inability to cross-examine in the trial the police officers on whose written statements the conviction was based).
42985/21*
09/08/2021
Maksim Georgiyevich DUBINKIN
1983
Daniil Alekseyevich Polyakov
Voronezh
Rally "Free Navalnyy"
Voronezh
23/01/2021
article 20.2 § 5 of CAO
30 hours of community works
Voronezh Regional Court
11/02/2021
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 the trial the police officers on whose written statements the applicant’s conviction was based.
46212/21
02/09/2021
Vitaliy Konstantinovich FILATOV
1988
Aleksandr Dmitriyevich Peredruk
St Petersburg
Rally “Free Navalnyy”
St Petersburg
31/01/2021
article 20.2.2
§ 1 of CAO
detention for 5 days
St Petersburg City Court
02/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1 p.m. until 9 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;
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.
46232/21
01/09/2021
Olga Vasilyevna BAKHAREVA
1989
Aleksandr Dmitriyevich Peredruk
St Petersburg
Rally “Free Navalnyy”
St Petersburg
31/01/2021
article 20.2.2
§ 1 of CAO
detention for 10 days
St Petersburg City Court
16/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 6.30 p.m. on 31/01/2021 until 4.45 p.m. on 01/02/2021;
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 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.
48653/21*
24/09/2021
Daniil Igorevich KORPUSOV
1997
Aleksandr Yevgenyevich Pomazuyev
Vilnius
Rally "Free Navalnyy"
Tver
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Tver 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.
51393/21*
30/09/2021
Aleksey Aleksandrovich GUSHCHIN
1993
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
St Petersburg
31/01/2021
article 20.2.2
§ 1 of CAO
fine of RUB 15,000
St Petersburg City Court
08/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 5 p.m. on 31/01/2021 until 9 p.m. on 01/02/2021;
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 the trial the police officers on whose written statements the applicant’s conviction was based.
52741/21*
15/10/2021
Mikhail Viktorovich SHEVCHENKO
1984
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
St Petersburg
21/04/2021
article 20.2.2
§ 1 of CAO
detention for 5 days
St Petersburg City Court
29/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 8 p.m. on 21/04/2021 until 7.15 p.m. on 22/04/2021;
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) - unfair trial in administrative offence proceedings - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based; inability to adduce exonerating evidence (video recordings);
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.
53502/21*
13/10/2021
Georgiy Alekseyevich MEDVINSKIY
1987
Kseniya Andreyevna Mikhaylova
St Petersburg
Rally "Free Navalnyy"
St Petersburg
31/01/2021
article 20.2.2
§ 1 of CAO
fine of RUB 15,000
St Petersburg City Court
13/04/2021
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 the trial the police officers on whose written statements the applicant’s conviction was based.
53801/21
26/10/2021
Ruslan Ildarovich GALIYEV
1998
Sergey Aleksandrovich Loktev
St Petersburg
Rally “Free Navalnyy”
St Petersburg
21/04/2021
article 20.2.2
§ 1 of CAO
fine of RUB 10,000
St Petersburg City Court
17/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 9.30 p.m. on 21/04/2021 until 22/04/2021, when the applicant was taken to the court;
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.
54429/21*
27/10/2021
Aleksandr Anatolyevich BASHKIROV
1984
Aleksandra Nikolayevna Bayeva
Moscow
Rally "Free Navalnyy"
St Petersburg
21/04/2021
article 20.2.2
§ 1 of CAO
fine of RUB 12,000
St Petersburg City Court
20/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 7.44 p.m. on 21/04/2021 until 9 p.m. on 22/04/2021
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 the trial the police officers on whose written statements the applicant’s conviction was based.
55653/21*
22/10/2021
Rafael Radikovich ABDRAFIKOV
2002
MOO MEMORIAL Human Rights Centre
St Petersburg
Rally "Free Navalnyy"
St Petersburg
21/04/2021
article 20.2.2
§ 1 of CAO
detention for 5 days
St Petersburg City Court
28/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 8.20 p.m. on 21/04/2021 until 22/04/2021, when the applicant was taken to the court;
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; inability to obtain the attendance and examination of defence witnesses;
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.
55984/21*
05/11/2021
Ruvim Olegovich VASILYEV
2002
Ivan Yuryevich Zhdanov
Vilnius
Rally “Free Navalnyy”
Omsk
31/01/2021
article 20.2 § 5 of CAO,
article 20.6.1
§ 1 of CAO
fine of RUB 10,000
Omsk Regional Court
18/05/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 31/01/2021 and 10/02/2021;
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 the trial the police officers on whose written statements the applicant’s conviction was based.
56493/21*
27/10/2021
Alisa Olegovna DELOVA
1994
MOO MEMORIAL Human Rights Centre
St Petersburg
Rally "Free Navalnyy"
St Petersburg
31/01/2021
article 20.2.2
§ 1 of CAO
fine of RUB 10,000
St Petersburg City 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.
56815/21
22/10/2021
Vladislav Sergeyevich ZIMIREV
1996
Vitaliy Viktorovich Cherkasov
St Petersburg
Rally “Free Navalnyy”
St Petersburg
02/02/2021
article 20.2.2
§ 1 of CAO
detention for 10 days
St Petersburg City Court
11/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 11 p.m. on 02/02/2021 until 6 p.m. on 03/02/2021;
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 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.
56842/21
22/10/2021
Georgiy Konstantinovich SIZYKH
1996
Vitaliy Viktorovich Cherkasov
St Petersburg
Rally “Free Navalnyy”
St Petersburg
02/02/2021
article 20.2.2
§ 1 of CAO
detention for 10 days
St Petersburg City Court
11/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 11 p.m. on 02/02/2021 until 5 p.m. on 03/02/2021;
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 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.
56896/21*
10/11/2021
Anastasiya Igorevna BESKHMELNAYA
1993
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
St Petersburg
31/01/2021
article 20.2.2
§ 1 of CAO
fine of RUB 10,000
St Petersburg City Court
24/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.58 p.m. until 10.00 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;
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.
57144/21*
29/10/2021
Anton Vladimirovich VITSKIY
1990
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
St Petersburg
21/04/2021
article 20.2.2
§ 1 of CAO
detention for 12 days
St Petersburg City Court
29/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 9 p.m. on 21/04/2021 until 7.45 p.m. on 22/04/2021;
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) - unfair trial in administrative offence proceedings - various deficiencies of the administrative offence proceedings (absence in the trial, no possibility to adduce evidence or question defence witnesses);
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.
57711/21*
26/10/2021
Svetlana Gennadyevna BEZUGLOVA
1989
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
St Petersburg
21/04/2021
article 20.2.2
§ 1 of CAO
detention for 12 days
St Petersburg City Court
27/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 7.20 p.m. on 21/04/2021 until 2 a.m. on 22/04/2022;
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 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.
57861/21*
11/11/2021
Dmitriy Sergeyevich PAPORT
1985
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
St Petersburg
31/01/2021
article 20.2.2
§ 1 of CAO
fine of RUB 10,000
St Petersburg City Court
13/05/2021
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 the trial the police officers on whose written statements the applicant’s conviction was based.
58500/21*
26/11/2021
Stanislav Denisovich FILIMONOV
1998
Yelena Yuryevna Pershakova
Moscow
Rally "Free Navalnyy"
Voronezh
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Voronezh Regional Court
28/05/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
58678/21*
13/11/2021
Irina Dmitriyevna MYAZINA
2000
Daniil Alekseyevich Polyakov
Voronezh
Rally "Free Navalnyy"
Voronezh
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Voronezh Regional Court
13/05/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report 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;
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.
59389/21*
25/11/2021
Aleksandr Sergeyevich ZAKAMALDIN
1979
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
St Petersburg
31/01/2021
article 20.2.2
§ 1 of CAO
fine of RUB 10,000
St Petersburg City Court
17/06/2021
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 the trial the police officers on whose written statements the applicant’s conviction was based; inability to obtain the attendance and examination of witnesses on his behalf.
59447/21*
25/11/2021
Yelena Yuryevna PLAKSINA
1970
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
St Petersburg
31/01/2021
article 20.2.2
§ 1 of CAO
fine of RUB 10,000
St Petersburg City Court
10/06/2021
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 the trial the police officers on whose written statements the applicant’s conviction was based; inability to obtain the attendance and examination of witnesses on her behalf.
59451/21*
25/11/2021
Rustam Kayratovich SULEYMENOV
1995
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
St Petersburg
21/04/2021
article 20.2.2
§ 1 of CAO
fine of RUB 10,000
St Petersburg City Court
15/06/2021
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 the trial the police officers on whose written statements the applicant’s conviction was based.
60808/21*
24/11/2021
Maksim Vladimirovich GOLOV
1988
Daniil Alekseyevich Polyakov
Voronezh
Rally "Free Navalnyy"
Voronezh
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 12,000
Voronezh Regional Court
25/05/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report 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.
61311/21*
01/12/2021
Ilya Vitalyevich BONDARENKO
2002
Ivan Yuryevich Zhdanov
Vilnius
Rally “Free Navalnyy”
Voronezh
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Voronezh Regional Court
15/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3 p.m. until 10.10 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.
3824/22*
22/12/2021
Sergey Aleksandrovich BULTYKOV
1984
Daniil Aleksandrovich Semenov
St Petersburg
Rally "Free Navalnyy”
St Petersburg
21/04/2021
article 20.2.2
§ 1 of CAO
detention for 10 days
St Petersburg City Court
22/06/2021
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 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.
41052/22
11/08/2022
Viktor Viktorovich VOROBYEV
1989
Aleksandr Dmitriyevich Peredruk
St Petersburg
Anti-war protest
St Petersburg
06/03/2022
article 20.2.2
§ 1 of CAO
detention for 15 days
St Petersburg City Court
12/04/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 5.15 p.m. on 06/03/2022 until 3.23 p.m. on 07/03/2022;
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 in the trial the police officers on whose written statements the 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.
46913/22*
11/09/2022
Household
Alena Sergeyevna PORTNOVA
1992
Vyacheslav Vladimirovich PORTNOV
1990
Anti-war protest
St Petersburg
27/02/2022
article 20.2.2
§ 1 of CAO
fine of RUB 18,000 (Portnova)
fine of RUB 20,000 (Portnov)
St Petersburg City Court
07/06/2022 (Portnova)
07/06/2022
St Petersburg City Court
17/05/2022 (Portnov)
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report (1) Portnov from 5.20 p.m. on 27/02/2022 until 4 a.m. on 28/02/2022, and (2) Portnova from 5.20 p.m. on 27/02/2022 until 3 a.m. on 28/02/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings in respect of both applicants;
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 conviction was based - in respect of both applicants.
51384/22
01/10/2022
Yelena Viktorovna BASTRYKOVA
1999
Aleksey Vladimirovich Bushmakov
Yekaterinburg
Anti-war protest
Yekaterinburg
06/03/2022
article 20.2 § 5 of CAO
20 hours of community work
Sverdlovsk Regional Court
03/08/2022
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 06/03/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
52543/22
07/10/2022
Andrey YAKOVLEV
1980
Nataliya Andreyevna Baranova
Moscow
Anti-war protest
Yekaterinburg
06/03/2022
article 20.2 § 5 of CAO
29 hours of community work
Sverdlovsk Regional Court
08/06/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.45 p.m. on 06/03/2022 until 12.20 a.m. on 07/03/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
52959/22
18/10/2022
Ivan Grigoryevich NECHUNAYEV
1984
Nataliya Andreyevna Baranova
Moscow
Anti-war protest
Yekaterinburg
06/03/2022
article 20.2 § 5 of CAO
35 hours of community work
Sverdlovsk Regional Court
22/06/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.05 p.m. until 10.35 p.m. on 06/03/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
Full & Egal Universal Law Academy