Published on 8 January 2024
FIFTH SECTION
Application no. 20643/21
Aleksandr Vadimovich MALYSHEV against Russia
and 13 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
20643/21*
29/03/2021
Aleksandr Vadimovich MALYSHEV
2000
Aleksandr Yevgenyevich Pomazuyev
Vilnius
Rally “Free Navalnyy”
Tomsk
31/01/2021
article 20.2 § 5 of CAO
fine RUB 10,000
Tomsk Regional Court
25/02/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report,
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,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
21563/21*
01/04/2021
Nadezhda Petrovna MAY
1998
Aleksandr Yevgenyevich Pomazuyev
Vilnius
Rally “Free Navalnyy”
Tomsk
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Tomsk Regional Court
05/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report,
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.
33593/21*
22/06/2021
Yevgeniy Andreyevich TSVETKOV
1999
Konstantin Aleksandrovich Markin
Velikiy Novgorod
Rally “Free Navalnyy”
Velikiy Novgorod
23/01/2021
article 20.2 § 2 of CAO
detention for 7 days
Novgorod Regional Court
04/02/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station before and after compiling an offence report from 2.39 p.m. on 23/01/2021 until the court hearing on 24/01/2021,
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 open court the police officers on whose written statements his 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.
58713/21*
12/11/2021
Matvey Aleksandrovich PENKOV
1992
Konstantin Mikhaylovich Zinovyev
Nizhniy Novgorod
Rally “Free Navalnyy”
Nizhniy Novgorod
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional 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 open court the police officers on whose written statements his conviction was based.
224/22
26/11/2021
Aleksandr Konstantinovich KOZLOV
1995
Natalya Andreyevna Baranova
Moscow
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Moscow City Court
27/05/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report, detention beyond the three-hour statutory period,
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 the police officers on whose written statements his conviction was based.
830/22*
01/12/2021
Sergey Sergeyevich SAVELYEV
1987
Darya Dmitriyevna Aksenova
Kolomna
Rally “Free Navalnyy”
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
09/06/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 for compiling an offence report, detention beyond the three-hour statutory period,
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 the police officers on whose written statements his conviction was based.
2083/22
15/12/2021
Roman Dmitriyevich POPOV
1997
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Nizhniy Novgorod
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
16/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention in the police station before and after compiling an offence report from 1.30 p.m. on 31/01/2021 until 8.50 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 open court the police officers on whose written statements his conviction was based.
2802/22*
30/12/2021
Andrey Vladimirovich STUPIN
1993
Ivan Yuryevich Zhdanov
Vilnius
Rally “Free Navalnyy”
Izhevsk
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Udmurtia Republic
26/07/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 21/04/2021 for compiling an offence report,
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 the police officers on whose written statements his 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.
3645/22*
30/12/2021
Yevgeniy Yuryevich BYCHENKOV
1979
Ivan Yuryevich Zhdanov
Vilnius
Rally “Free Navalnyy”
Vladimir
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Vladimir Regional Court
19/07/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 3 p.m. on 23/01/2021 until 3 p.m. on 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,
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 the police officers on whose written statements his conviction was based.
7328/22*
27/01/2022
Andrey Andreyevich TROITSKIY
1986
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
29/07/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station before and after compiling an offence report from 11 a.m. on 02/02/2021 until 6 p.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.
7335/22*
20/01/2022
Kirill Vladimirovich MALYSHEV
1999
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Moscow City Court
11.08/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.10 p.m. on 31/01/2021 until 3.50 p.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 open court the police officers on whose written statements his conviction was based.
9055/22*
19/01/2022
Rada Yevgenyevna SHAKIROVA
2000
Viktor Valeryevich Kochenkov
Izhevsk
Rally “Free Navalnyy”
Izhevsk
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Udmurtia Republic
19/07/2021
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 the police officers on whose written statements her conviction was based.
12069/22
30/01/2022
Svetlana Vladimirovna BAS
1991
Anna Yevgenyevna Bochilo
Barnaul
Rally “Free Navalnyy”
Barnaul
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Altay Regional Court
11/08/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 21/04/2021 for compiling an offence report,
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 the police officers on whose written statements her conviction was based.
49517/22
07/10/2022
Ilya Mikhailovich BYSTROV
1999
Valeriya Aleksandrovna Arshinova
Moscow
Anti-war protest
Moscow
27/02/2022
article 20.2 § 6.1 of CAO
fine of RUB 15,000
Moscow City Court
07/06/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 27/02/2022 for compiling an offence report,
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 the police officers on whose written statements his conviction was based.
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