Published on 2 October 2023
FOURTH SECTION
Application no. 40064/21
Ivan Andreyevich MAMONOV against Russia
and 21 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 7 September 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 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 charges
Penalty
Final domestic decision
Court Name
Date
Other complaints under well-established case-law
40064/21
29/07/2021
Ivan Andreyevich MAMONOV
2002
Mariya Olegovna Eysmont
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
detention for 10 days
Moscow City Court
04/02/2021
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;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report.
48298/21
20/09/2021
Andrey Petrovich GILYUK
1989
Vladimir Valeryevich Vasin
Krasnoyarsk
Rally "Free Navalnyy"
Krasnoyarsk
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Krasnoyarsk Regional Court
29/04/2021
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
48622/21
20/09/2021
Ivan Sergeyevich PANTYUKOV
1990
Vladimir Valeryevich Vasin
Krasnoyarsk
Rally "Free Navalnyy"
Krasnoyarsk
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Krasnoyarsk Regional 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
48627/21
20/09/2021
Angelina Aleksandrovna NEPOMNYASHCHAYA
1997
Vladimir Valeryevich Vasin
Krasnoyarsk
Rally "Free Navalnyy"
Krasnoyarsk
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Krasnoyarsk Regional Court
08/06/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
49092/21
28/09/2021
Yuliya Pavlovna GONCHAROVA
1995
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
30/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 3.18 p.m. on 31/01/2021 until 8 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.
49096/21
28/09/2021
Dmitriy Igorevich ZAKHAROV
1997
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
30/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 3.40 p.m. on 31/01/2021 until 7 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.
49198/21
30/09/2021
Rozaliya Renatovna ILYASOVA
2000
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
02/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 4.30 p.m. on 23/01/2021 until 00.00 a.m. 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 the trial the police officers on whose written statements the applicant’s conviction was based.
49231/21
30/09/2021
Yuriy Aleksandrovich GURIN
1996
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Rostov-on-Don
31/01/2021
article 19.3 § 1 of CAO
detention for 10 days
Rostov Regional Court
12/04/2021
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;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 1.45 p.m. on 31/01/2021 until 8 p.m. on 01/02/2021.
49355/21
22/09/2021
Maksim Alekseyevich VLADIMIROV
2000
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
08/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 5.15 p.m. on 31/01/2021 until 3.35 p.m. on 01/02/2021;
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;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
49479/21
22/09/2021
Ivan Sergeyevich SEMENYUK
1994
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
02/04/2021
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 7 a.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.
49673/21
16/09/2021
Robert Rinatovich GAYALIYEV
1991
Danil Ilnurovich Nurgaleyev
Kazan
Rally "Free Navalnyy"
Kazan
31/01/2021
article 20.2 § 5 of CAO
30 hours of community service
Supreme Court of the Tatarstan Republic
24/03/2021
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.
49675/21
16/09/2021
Samat Ayratovich GARIPOV
1994
Danil Ilnurovich Nurgaleyev
Kazan
Rally "Free Navalnyy"
Kazan
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
24/03/2021
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.
49718/21
17/09/2021
Leyla Asifovna MAMEDOVA
1995
Vladislav Vladimirovich Kosnyrev
Syktyvkar
Rally "Free Navalnyy"
Syktyvkar
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 5,000
Supreme Court of the Komi Republic
17/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 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
49721/21
17/09/2021
Polina Denisovna ANKUDINOVA
2002
Vladislav Vladimirovich Kosnyrev
Syktyvkar
Rally "Free Navalnyy"
Syktyvkar
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Komi Republic
17/03/2021
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
49722/21
17/09/2021
Mikhail Ivanovich KUN
1995
Vladislav Vladimirovich Kosnyrev
Syktyvkar
Rally "Free Navalnyy"
Syktyvkar
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Komi Republic
17/03/2021
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
49752/21
16/09/2021
Anton Igorevich YEVDOKIMOV
1988
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
23/01/2021
article 20.2 § 6.1 of CAO
detention for 10 days
Moscow City Court
16/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 9.15 p.m. on 23/01/2021 until 2.30 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;
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.
49766/21
22/09/2021
Darya Antonovna ZUBKOVA
1999
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
St Petersburg
31/01/2021
article 20.2 § 2 of CAO
detention for 9 days
St Petersburg City Court
25/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 3.40 p.m. on 31/01/2021 until 10.30 a.m. on 01/02/2021;
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;
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.
49829/21
18/09/2021
Mariya Vladimirovna PYANKOVA
2001
Varvara Dmitriyevna Mikhaylova
St Petersburg
Rally "Free Navalnyy"
St Petersburg
31/01/2021
article 20.2 § 2 of CAO
fine of RUB 10,000
St Petersburg City Court
18/03/2021
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
49834/21
16/09/2021
Denis Konstantinovich LUGOVSKIY
1994
Daniil Aleksandrovich Semenov
St Petersburg
Rally "Free Navalnyy"
St Petersburg
23/01/2021
article 20.2 § 2 of CAO
detention for 7 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 5.30 p.m. on 23/01/2021 until 6 a.m. 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 the trial the police officers on whose written statements the applicant’s conviction was based.
49872/21
18/09/2021
Ruslan Yuryevich BONDARENKO
1980
Konstantin Aleksandrovich Markin
Velikiy Novgorod
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
detention for 10 days
Moscow City Court
26/03/2021
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 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.
49884/21
28/09/2021
Dmitriy Yuryevich KUZMENKO
1993
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Bryansk
31/01/2021
article 20.2 § 5 of CAO,
and
article 20.2 § 6.1 of CAO
fines of RUB 10,000 and RUB 1,000
Bryansk 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;
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. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 1 p.m. on 31/01/2021 until 1 a.m. on 01/02/2021.
49939/21
28/09/2021
Yelizaveta Aleksandrovna PRIKHODKO
2001
Konstantin Aleksandrovich Markin
Velikiy Novgorod
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
20/04/2021
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;
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report.