MAZANOV v. RUSSIA and 25 other applications

Published on 26 June 2023

 

THIRD SECTION

Application no. 2954/18
Aleksandr Sergeyevich MAZANOV against Russia
and 25 other applications

(see list appended)

PROCEDURAL INFORMATION

Following a preliminary examination of the admissibility of the applications on 1 June 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 5 § 1 of the Convention relating to unlawful detention (deprivation of liberty) which are the subject of well-established case law of the Court (see Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, 26 June 2018, Rozhkov v. Russia (no. 2), no. 38898/04, §§ 91-96, 31 January 2017, Butkevich v. Russia, no. 5865/07, § 67, 13 February 2018, Kuptsov and Kuptsova v. Russia, no. 6110/03, § 81, 3 March 2011 and Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018).

 

APPENDIX – STATEMENT OF FACTS

List of applications raising complaints under Article 5 § 1 of the Convention
(unlawful detention (deprivation of liberty))

No.

Application no.

Date of introduction

Applicant’s name

Year of birth

 

Representative’s name and location

Start date of unauthorised detention

End date of unauthorised detention

Specific defects

Other complaints under well-established case-law

   

2954/18*

11/12/2017

Aleksandr Sergeyevich MAZANOV

1990

Valentin Valentinovich Pyshkin

St Petersburg

12/06/2017, 2.30 pm

13/06/2017, 4.30 pm

Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019). Detention as an administrative suspect: the applicant remained in detention after the offence record had been compiled (see Korneyeva v. Russia, no. 72051/17, § 35, 8 October 2019)

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings – St Petersburg City Court, 20/06/2017 (7 days’ administrative arrest) and 11/07/2017 (fine of RUB 10,000);

 

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;

 

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - convicted twice for participation in one public event in St Petersburg, Marsovo pole, Articles 19.3 § 1 and

20.2 § 5 of CAO

   

3031/18*

20/12/2017

Pavel Valeryevich CHUGUNOV

1981

Valentin Valentinovich Pyshkin

St Petersburg

12/06/2017, 4.10 p.m.

14/06/2017

Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019). Detention as an administrative suspect: the applicant remained in detention after the offence record had been compiled (see Korneyeva v. Russia, no. 72051/17, § 35, 8 October 2019)

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions were taken by the St Petersburg City Court on 23/06/2017 (15 days’ administrative detention) and 08/08/2017 (fine of RUB 10,000);

 

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;

 

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - convicted twice for participation in one public event in St Petersburg, Marsovo pole, Articles 19.3 § 1 and

20.2 § 5 of CAO

 

 

 

 

   

3078/18*

08/12/2017

Anna Vladimirovna TROITSKAYA

1972

Aleksandr Dmitriyevich Peredruk

St Petersburg

12/06/2017

14/06/2017

Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee],

nos. 50271/06 and 8 other applications, § 35, 2 July 2019). Detention as an administrative suspect: the applicant remained in detention after the offence record had been compiled (see Korneyeva v. Russia, no. 72051/17, § 35, 8 October 2019)

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings – St Petersburg City Court, 21/06/2017, fine of RUB 10,000 and 4 days’ administrative arrest; Frunzenskiy District Court of St Petersburg, 14/06/2017;

 

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - punishment for non-compliance with police orders in the context of the same public event on 12/06/2017 in St Petersburg, Marsovo pole, article 19.3 § 1 of CAO,

article 20.2 § 5 of CAO – St Petersburg City Court 21/06/2017

   

3166/18*

18/12/2017

Yegor Vladislavovich ARISTOV

1992

Valentin Valentinovich Pyshkin

St Petersburg

12/06/2017, 2.10 p.m.

13/06/2017, unspecified time

Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019). Detention as an administrative suspect: the applicant remained in detention after the offence record had been compiled (see Korneyeva v. Russia, no. 72051/17, § 35, 8 October 2019)

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - convicted twice for participation in one public event in St Petersburg, Marsovo pole, Articles 19.3 § 1 and

20.2 § 5 of CAO;

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions were taken by the St Petersburg City Court on 20/06/2017 (7 days’ administrative arrest) and 18/07/2017 (fine of RUB 10,000);

 

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 in both sets of the proceedings, raised on appeal

   

3179/18*

21/12/2017

Aleksandr Ivanovich LEBEDEV

1997

Aleksandr Dmitriyevich Peredruk

St Petersburg

12/06/2017 2 p.m.

13/06/2017 unspecified time

Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019). Detention as an administrative suspect: the applicant remained in detention after the offence record had been compiled (see Korneyeva v. Russia, no. 72051/17, § 35, 8 October 2019)

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was charged under Art.19.3(1), Art.20.2(5) CAO for essentially the same action and sentenced to fines of RUB 500 and 10,000 respectively;

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision was taken by the St Petersburg City Court on 24/04/2018 (fine of RUB 10,000);

 

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 in both sets of the proceedings; raised on appeal

   

3266/18*

23/12/2017

Yevgeniya Alekseyevna CHIVILEVA

1989

Valentin Valentinovich Pyshkin

St Petersburg

27/02/2022 5.15 p.m.

 

12/06/2017 4.10 p.m.

28/02/2022 3.30 p.m.

 

13/06/2017 unspecified time

Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019)

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was charged under Art.19.3(1), Art.20.2(5) CAO for essentially the same action and sentenced to fines of RUB 1,000 and 10,000 respectively;

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - absence of the prosecuting party in the first-instance court in all sets of the proceedings;

 

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - conviction under Article 20.2.2 § 1 of CAO for participation on 27/02/2022 in a public gathering in St Petersburg in violation of sanitary-epidemiological regulations / administrative detention of 9 days/ final - St Petersburg City Court on 02/03/2022;

 

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 28/02/2022 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO (see Tsvetkova and Others v. Russia, §§ 179-91; Martynyuk

v. Russia, §§ 38-42)

   

3490/18*

18/12/2017

Aleksandr Yuryevich GEDZ

1996

Valentin Valentinovich Pyshkin

St Petersburg

12/06/2017

13/06/2017

Detention as an administrative suspect: the applicant remained in detention after the offence record had been compiled (see Korneyeva v. Russia, no. 72051/17, § 35, 8 October 2019). Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019)

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings – Final decisions:

St Petersburg City Court 20/06/2017 (7 days’ administrative arrest);

St Petersburg City Court 18/07/2017 (fine of RUB 10,000);

 

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - punishment for non‑compliance with police orders in the context of the same public event on 12/06/2017 in S Petersburg, Marsovo pole: article 19.3 § 1 of CAO, article 20.2 § 5 of CAO – St Petersburg City Court 20/06/2017, St Petersburg City Court 18/07/2017;

 

Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - impossibility to cross-examine police officers on whose statements the applicant’s convictions were based

   

3601/18*

18/12/2017

Denis STADNICHUK

1977

Valentin Valentinovich Pyshkin

St Petersburg

12/06/2017

14/06/2017

Detention as an administrative suspect: the applicant remained in detention after the offence record had been compiled (see Korneyeva v. Russia, no. 72051/17, § 35, 8 October 2019). Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia,

nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018). Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019)

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings – Final decisions:

St Petersburg City Court 04/07/2017 (fine of RUB 15,000); St Petersburg City Court 19/06/2017 (15 days’ administrative arrest)

 

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - punishment for non-compliance with police orders in the context of the same public event on 12/06/2017 in St Petersburg, Marsovo pole: article 19.3 § 1 of CAO,

article 20.2 § 5 of CAO – St Petersburg City Court 19/06/2017, St Petersburg City Court 04/07/2017;

 

Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - impossibility to cross-examine police officers on whose statements the applicant’s convictions were based

   

3630/18*

18/12/2017

Svyatoslav Mikhaylovich CHUMAKOV

1991

Valentin Valentinovich Pyshkin

St Petersburg

12/06/2017

14/06/2017

Detention as an administrative suspect: the applicant remained in detention after the offence record had been compiled (see Korneyeva v. Russia, no. 72051/17, § 35, 8 October 2019). Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia,

nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018). Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019)

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings – Final decisions:

St Petersburg City Court 19/06/2017 (1-day administrative arrest);

St Petersburg City Court 06/07/2017 (fine of RUB 10,000);

 

Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - impossibility to cross‑examine police officers on whose statements the applicant’s convictions were based

 

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - punishment for non-compliance with police orders in the context of the same public event on 12/06/2017 in St Petersburg, Marsovo pole: article 19.3 § 1 of CAO, article 20.2 § 5 of CAO – St Petersburg City Court 19/06/2017, St Petersburg City Court 06/07/2017

 

2976/22

07/12/2021

Revaz SHMERTS

1980

Yekaterina Viktorovna Yefremova

Moscow

08/06/2021, 8.05 a.m. (arrest record indicates allegedly incorrect time of arrest - 8.55 p.m.)

08/06/2021, 9 p.m.

Detention (criminal) for more than three hours without any written record (see Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, §§ 76-79, 26 June 2018). Detention as an administrative suspect: beyond the 48-hour statutory period (Art. 27.5(3)-(4) and Art. 29.6(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018)

Art. 5 (3) - excessive length of pre-trial detention - 08/06/2021 – pending on the date when the application was lodged with the Court. Courts: Tverskoy District Court; Moscow City Court; Specific defects: fragility of the reasons employed by the courts; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to examine the possibility of applying other measures of restraint

 

3961/22*

03/01/2022

Aleksey Vladimirovich VOLKOV

1972

Yevgeniy Vyacheslavovich Antokhin

Moscow

21/04/2021

21/04/2021

Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019), complaint raised on appeal

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision by the Moscow City Court on 27/08/2021, 5 days’ administrative arrest;

 

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - immediate enforcement of the administrative arrest ordered by the first-instance court

 

5476/22*

12/01/2022

Zhanna Rafinovna INKINA

1982

 

 

18/08/2021

23/08/2021

Delay of more than a few hours in releasing the applicant (see Butkevich v. Russia, no. 5865/07, § 67,

13 February 2018)

 

 

7042/22

11/01/2022

Fedor Aleksandrovich GUBERT

1990

Irina Yuryevna Balysheva

Cherepanovo

03/04/2021, 6:35 p.m.

04/04/2021, 4:45 a.m.

Detention (criminal) for more than three hours without any written record (see Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, §§ 76-79, 26 June 2018)

 

 

7244/22*

16/01/2022

Sergey Ivanovich DEMIDOV

2001

Vladimir Sergeyevich Nemanov

Moscow

07/07/2021, 3.01 a.m.

09/07/2021, 12.30 p.m.

Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019). Detention as an administrative suspect: beyond the 48-hour statutory period (Art. 27.5(3)-(4) and

Art. 29.6(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018)

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - 16/07/2021, Moscow City Court, administrative detention of 15 days;

 

Art. 6 (1) and Art. 6 (3) (d) – unfair criminal proceedings in view of the inability to cross-examine in open court the police officers on whose written statements the conviction was based

 

10582/22*

16/02/2022

Viktoriya Markovna IVLEVA-YORK

1956

 

Yuriy Vadimovich SAMODUROV

1951

 

Karinna Akopovna Moskalenko

Strasbourg

20/11/2021, 1.10 p.m.

22/11/2021, 6.30 p.m.

Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019). Detention as an administrative suspect: beyond the 48-hour statutory period (Art. 27.5(3)-(4) and

Art. 29.6(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018)

 

 

14482/22*

15/02/2022

Rinat Karamatovich SHARIPOV

1951

 

 

05/02/2019, 6 p.m.

07/02/2019, 11 a.m.

Detention as an administrative suspect: the applicant remained in detention after the offence record had been compiled (see Korneyeva v. Russia, no. 72051/17, § 35, 8 October 2019). Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia,

nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018). Detention as an administrative suspect:

no evidence/assessment of “exceptional circumstances” under Art. 27.3 § 1 CAO (see Butkevich v. Russia, no. 5865/07, §§ 63-64, 13 February 2018; Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018)

Art. 5 (5) - lack of, or inadequate, compensation for unlawful arrest or detention - the applicant complains that he received an insufficient compensation in the amount of RUB 30,000 for

41 hours of unlawful detention (final decision - the Supreme Court of the Russian Federation, 27/12/2021)

 

18110/22*

15/03/2022

Kristina Igorevna TIMAKOVA

1996

Yevgeniy Vyacheslavovich Antokhin

Moscow

22/10/2018

22/10/2018

Applicant taken to the police station as an administrative suspect for the purposes of compiling an offence record: no written record of the administrative escort

(Art. 27.2 § 3 CAO) (see Timishev v. Russia [Committee], no. 47598/08, § 21, 28 November 2017). Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019). Detention as an administrative suspect:

no evidence/assessment of “exceptional circumstances” under Art. 27.3 § 1 CAO (see Butkevich v. Russia, no. 5865/07, §§ 63-64, 13 February 2018; Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018)

 

 

20907/22*

11/04/2022

Kseniya Dmitriyevna KLIMOVA

1997

Varvara Dmitriyevna Mikhaylova

St Petersburg

19/09/2021

19/09/2021

Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019)

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - fine of RUB 5,000, final decision on 15/10/2021, Kirov Regional Court

 

22543/22*

23/03/2022

Yelena Yevgenyevna LOBOVA

1967

Oksana Gennadyevna Olgerdt

Moscow

03/02/2021, 12.10 a.m.

04/02/2021, 7 p.m.

Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019). Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018)

 

 

40946/22*

04/08/2022

Anastasiya Pavlovna MASHCHENKO

1995

Irina Vladimirovna Gak

Rostov-on-Don

28/02/2022, 8 p.m.

01/03/2022, 10.40 p.m.

Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019)

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision taken by the Rostov Regional Court on 05/04/2022, 7 days’ administrative arrest;

 

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - lack of suspensive effect of an appeal against the sentence of administrative arrest, immediate execution of that sentence after conviction by a trial court (Martynyuk, §§ 37-43; Tsvetkova and others, §§ 179-91);

 

Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - the applicant was unable to question witnesses P. and K. on whose statements her conviction was based

 

50932/22*

09/10/2022

Kristina Andreyevna SHIBALOVA

1989

 

 

24/02/2022, 8.09 p.m.

25/02/2022, 2.35 a.m.

Applicant taken to the police station as an administrative suspect for the purposes of compiling an offence record: no written record of the administrative escort

(Art. 27.2 § 3 CAO) (see Timishev v. Russia [Committee], no. 47598/08, § 21, 28 November 2017)

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision taken by the Moscow City Court on 09/06/2022, fine of RUB 20,000;

 

Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - the applicant was unable to confront police officers on whose statement her conviction was based;

 

Art. 11 (1) - various restrictions on the right to freedom of peaceful assembly - manifestation against the war in Ukraine, Moscow, Tverskaya, 24/02/2022, Article 20.2 § 5 of CAO, fine of RUB 20,000, final decision taken by the Moscow City Court on 09/06/2022

 

55441/22

22/10/2022

Irina Zimilovna VLADIMIRSKAYA

1970

 

 

01/03/2022, 9 p.m.

02/03/2022, 3.45 a.m.

Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019). Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018)

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision taken by the Moscow City Court on 23/06/2022, fine of RUB 20,000;

 

Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - the applicant complained that she had been unable to cross-examine the police officers on whose written statements the applicant’s conviction was based;

 

Art. 10 (1) - various restrictions on the right to freedom of expression - on 01/03/2022 the applicant held a solo picket and was arrested. She had a sign with the inscription "No war". On 16/03/2022 the applicant was convicted of the administrative offence under Art. 20.5 § 5 of CAO, upheld by the final decision of the Moscow City Court on 23/06/2022

 

55460/22*

03/11/2022

Pavel Sergeyevich PROSKURYAKOV

2000

 

Aleksandr Aleksandrovich SHABANOV

1989

 

Natalya Andreyevna Baranova

Moscow

First applicant, 14/03/2022

 

Second applicant, 19/04/2022

First applicant, 14/03/2022

 

Second applicant, 19/04/2022

Applicants taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019)

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - first applicant: final decision taken by the Moscow City Court on 05/07/2022, fine of RUB 30,000; second applicant: final decision taken by the Krasnodar Regional Court on 06/07/2022, fine of RUB 35,000

 

Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - the applicants complain that they were unable to confront police officers on whose statements their convictions were based,

 

Art. 10 (1) - various restrictions on the right to freedom of expression - the first applicant complained of an interference with his right to freedom of expression. On 14/03/2022 he was arrested by the police for wearing a yellow-blue pin with a writing “No war”. On 28/03/2022 the applicant was convicted under article 20.3.3 § 1 of the CAO (public actions aimed at discrediting the use of the Russian Armed Forces) and fined with RUB 30,000. On 05/07/2022 the Moscow City Court upheld the decision. The second applicant also complained of an interference with his right to freedom of expression. On 19/04/2022 he was arrested by the police for publishing on YouTube several videos against the war in Ukraine. On 25/04/2022 the applicant was convicted under article 20.3.3 § 1 of the CAO (public actions aimed at discrediting the use of the Russian Armed Forces) and fined with RUB 35,000. On 06/07/2022 the Krasnodar Regional Court upheld the decision

 

55971/22*

12/11/2022

Nikolay Vladimirovich UTEMOV

1992

Konstantin Mikhaylovich Zinovyev

Nizhniy Novgorod

25/04/2022, 10.50 p.m.

26/04/2022, 1.35 a.m.

Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019)

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision taken by the Nizhniy Novgorod Regional Court on 12/07/2022, fine of RUB 30,000

 

57029/22

17/11/2022

Tatyana Konstantinovna BAYKOVA

1976

Oleg Vladimirovich Filatchev

Moscow

06/03/2022

06/03/2022

Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019)

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - 19/07/2022, Moscow City Court, fine of

RUB 20,000

 

4797/23*

10/01/2023

Anton Borisovich BOCHANOV

1986

Konstantin Aleksandrovich Markin

Velikiy Novgorod

11/09/2022, 6.14 p.m.

11/09/2022, 8.14 p.m.

Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019)

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - 17/10/2022, Novgorod Regional Court, fine of RUB 40,000;

 

Art. 10 (1) - various restrictions on the right to freedom of expression - the applicant was charged under article 20.3.3 § 1 of the CAO for making anti-war drawings on the ballot paper during elections of 11/09/2022. On 22/09/2022 he was ordered to pay a fine of RUB 40,000 (upheld by the Novgorod Regional Court on 17/10/2022).

 

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