Published on 24 July 2023
FIFTH SECTION
Application no. 984/15
Olga Mikhaylovna MAZUROVA and Others against Russia
and 24 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 29 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 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
984/15*
26/12/2014
Olga Mikhaylovna MAZUROVA
1960
Anna Valentinovna ANNENKOVA
1980
Niks Neytan NEMENI
1988
Yelena Yuryevna Pershakova
Perm
Rally in support of the Russian LGBT community
Moscow
07/02/2014
article 20.2 § 5 of CAO
fines of
RUB 5,000,
fine of RUB 15,000
fine of RUB 20,000
Moscow City Court: 26/06/2014,
02/07/2014
14/07/2014
Art. 5 (1) - unlawful deprivation of liberty: In respect of 2nd and 3rd applicants: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 08.15 to 11.35 p.m. on 07/02/2014
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - domestic courts’ failure to call and examine the police officers whose written reports were used for the conviction; inability to question defence witnesses as well as to observe the video record of the gathering and its dispersal
19096/21*
23/03/2021
Viktor Kosto GRIVACHAUSKAS
1973
Rally against the constitutional amendments
Moscow
22/06/2020
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
24/09/2020
Art. 5 (1) - unlawful deprivation of liberty:
- escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 06.00 to 11.40 p.m. on 26/06/2020, while the said record was drawn up only on 06/07/2020,
- escorting to the police station for the purpose of drawing up a record of administrative offence, from 12.10 a.m. to 02.30 p.m. on 11/10/2020
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings. Final decisions: Moscow City Court, 24/09/2020 and 07/06/2021
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - domestic courts’ failure to call and examine the police officers whose written reports were used for the convictions (both sets of the proceedings)
Art. 10 (1) - disproportionate measures against solo demonstrators - solo picketing on 11/10/2020 in Moscow, administrative conviction under art. 20.2 § 5 of the CAO, fine of RUB 10,000. Final decision: Moscow City Court, 07/06/2021.
23107/21
12/04/2021
Natalya Yuryevna KOCHUGOVA
1977
Polina Aleksandrovna Sidelnikova
Vladivostok
Rally in support of the governor of the Khabarovsk Region Mr S. Furgal
Vladivostok
01/08/2020
article 20.2 § 5 of CAO
fine of
RUB 10,000
Primorye Regional Court
15/12/2020
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 - domestic courts’ failure to call and examine the police officers whose written reports were used for the conviction
24124/21*
13/04/2021
Mariya Nikolayevna PONOMARENKO
1978
Rally in support of the governor of the Khabarovsk region Mr S. Furgal
Barnaul
08/08/2020
article 20.2.2 § 1 of CAO
fine of
RUB 10,000
Altay Regional Court
13/10/2020
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”:
- from 11.20 a.m. on 22/08/2020 to 24/08/2020, after the administrative record was drawn up and until the court hearing,
- from 07.00 p.m. on 16/06/2021 to 12.00 a.m. on 17/06/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings. Final decisions: Altay Regional Court, 13/10/2020 and 25/08/2021
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - domestic courts’ failure to call and examine the police officers whose written reports were used for the convictions in both sets of the administrative-offence proceedings
Art. 10 (1) - conviction for making calls to participate in public events - conviction for having made calls on 20/04/2021 to participate in an unauthorised public event scheduled for 21/04/2021, art. 20.2 § 8 of the CAO, fine of RUB 75,000. Final decision: Altay Regional Court, 25/08/2021
24864/21*
20/04/2021
Nikolay Andreyevich NIKOLAYEV
1998
Darya Dmitriyevna Aksenova
Kolomna
Rally in support of Mr A. Navalnyy
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
administrative detention of
14 days
Moscow City Court
12/02/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 31/01/2021 to 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
26904/21
08/05/2021
Oksana Viktorovna KURAKOVA
1986
Anna Yevgenyevna Bochilo
Barnaul
Rally in support of the governor of the Khabarovsk region Mr S. Furgal
Irkutsk
08/08/2020
article 20.2 § 5 of CAO
fine of
RUB 10,000
Irkutsk Regional Court
18/11/2020
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 - domestic courts’ failure to call and examine the police officers whose written reports were used for the conviction
26949/21
17/05/2021
Aleksandr Andreyevich RASSOKHIN
1990
Memorial Human Rights Centre
Moscow
Rally in support of Mr I. Safronov
Moscow
13/07/2020
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
08/12/2020
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention from 02.15 to 05.00 p.m. on 13/07/2020, while the said protocol was drawn up only on 21/07/2020
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 - domestic courts’ failure to call and examine the police officers whose written reports were used for the conviction
27420/21*
04/05/2021
Dmitriy Valeryevich LANETS
1975
Konstantin Vladimirovich Bubon
Khabarovsk
Rally in support of the governor of the Khabarovsk Region Mr S. Furgal
Khabarovsk
10/10/2020
article 20.2 § 5 of CAO,
article 20.2 § 6.1 of CAO
two fines of RUB 15,000 each
Khabarovsk Regional Court, 05/11/2020 and
10/11/2020
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - The applicant was convicted twice - under art. 20.2 § 5 and under art. 20.2 § 6.1 of the CAO for his participation in the same public event of 10/10/2020 (final decisions of the Khabarovsk Regional Court: 05/11/2020 and 10/11/2020)
28256/21*
30/04/2021
Diana Vladimirovna LUKA
1987
Memorial Human Rights Centre
Moscow
Rally in support of the governor of the Khabarovsk region Mr S. Furgal
Khabarovsk
15/09/2020
article 20.2 § 5 of CAO
fine of
RUB 10,000
Khabarovsk Regional Court
10/11/2020
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
28259/21
30/04/2021
Andrey Aleksandrovich LATALIN
1981
Memorial Human Rights Centre
Moscow
Rally in support of
Mr N. Platoshkin
Moscow
25/07/2020
article 20.2 § 5 of CAO
fine of
RUB 20,000
Moscow City Court
26/11/2020
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 02.00 to 8.15 p.m. on 25/07/2020, while the said record was drawn up only on 06/08/2020
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 - domestic courts’ failure to call and examine the police officers whose written reports were used for the conviction; inability to submit evidence, including video recordings, in defence of the applicant’s version of events on an equal footing with the prosecution
28543/21*
02/06/2021
Ruslan Vladimirovich FILIPPOV
1989
Memorial Human Rights Centre
Moscow
Rally in support of Mr A. Navalnyy
St Petersburg
31/01/2021
article 20.2.2 § 1 of CAO
administrative fine of
RUB 10,000
St Petersburg City Court
30/03/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 12.30 p.m. on 31/01/2021 to 05.30 p.m. 01/02/2021, the hearings in the applicant’s administrative-offence case
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceeding
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - domestic courts’ failure to call and examine the police officers whose written reports were used for the conviction
28549/21
02/06/2021
Anton Viktorovich KOSYY
1989
Memorial Human Rights Centre
Moscow
Rally in support to
Mr A. Navalnyy
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
administrative detention of
15 days
Moscow City Court
05/02/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.15 p.m. on 31/01/2021 to 00. 35 a.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
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant by the court of first instance was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
28558/21
17/05/2021
Tatyana Gennadyevna LARICHEVA
1976
Mariya Olegovna Eysmont
Moscow
Rally against the Constitutional amendments
Moscow
15/07/2020
article 20.2 § 6.1 of CAO
fine of
RUB 10,000
Moscow City Court
18/11/2020
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 07.30 p.m. on 15/07/2020 to 03.00 a.m. on 16/07/2020
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 - domestic courts’ failure to call and examine the police officers whose written reports were used for the conviction
28568/21*
19/05/2021
Aleksey Gennadyevich FILIMONOV
1970
Yuliya Fedotova
Yekaterinburg
Rally in support of the governor of the Khabarovsk region Mr S. Furgal
Khabarovsk
10/10/2020
article 20.2 § 5 of CAO
fine of
RUB 15,000
Khabarovsk Regional Court
24/11/2020
28608/21
20/05/2021
Taisiya Lvovna BEKBULATOVA
1991
Alan Olegovich Gamazov
Moscow
Rally in support of Mr I. Safronov
Moscow
13/07/2020
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
20/11/2020
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, on 13/07/2020
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 - domestic courts’ failure to call and examine the police officers whose written reports were used for the conviction
29831/21*
15/05/2021
Anatoliy Ivanovich KOSTENKO
1951
Andrey Yevgenyevich Shchukin
Nizhniy Tagil
Rally in support of Mr A. Navalnyy
Yekaterinburg
31/01/2021
Political rally
Yekaterinburg
06/03/2022
article 20.2 § 5 of CAO
article 20.2 § 8 of CAO
fine of
RUB 15,000
administrative detention of
30 days
Sverdlovsk Regional Court
14/04/2021
Sverdlovsk Regional Court
16/03/2022
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”:
- from 01.50 to 05.10 p.m. on 31/01/2021,
- from 02.50 p.m. on 06/03/2022 to 07/03/2022, hearings in the applicant’s administrative-offence case
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - domestic courts’ failure to call and examine the police officers whose written reports were used for the conviction
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant by the court of first instance was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
30314/21*
18/05/2021
Pavel Sergeyevich VERTIKOV
2001
Irina Aleksandrovna Yatsenko
Moscow
Rally against the constitutional amendments
Moscow
15/07/2020
article 20.2 § 6.1 of CAO
fine of
RUB 20,000
Moscow City Court
18/11/2020
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 09.30 p.m. on 15/07/2020 to 03.30 a.m. on 16/07/2020
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceeding
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - domestic courts’ failure to call and examine the police officers whose written reports were used for the conviction
30337/21
17/05/2021
Anna Aleksandrovna VASILYEVA
1995
Memorial Human Rights Centre
Moscow
Rally in support of Mr I. Safronov
Moscow
13/07/2020
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
02/12/2020
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 01.30 to 05.50 p.m. on 13/07/2020, while the said record was drawn up only on 22/07/2020
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 - domestic courts’ failure to call and examine the police officers whose written reports were used for the conviction
30585/21
13/05/2021
Yevgeniy Valentinovich BAKHOTSKIY
1970
Vladimir Valeryevich Vasin
Krasnoyarsk
Rally in support of the governor of the Khabarovsk region Mr S. Furgal
Krasnoyarsk
15/08/2020
article 20.2 § 5 of CAO
fine of
RUB 13,000
Krasnoyarsk Regional Court
19/11/2020
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 4.40 p.m. 15/08/2020 to 02.00 p.m. on 17/08/2020
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
31158/21*
22/05/2021
Oksana Vladimirovna SERGEYEVA
1973
Konstantin Aleksandrovich Markin
Velikiy Novgorod
Rally in support of
Mr A. Navalnyy
Velikiy Novgorod
23/01/2021
article 20.2 § 5 of CAO
administrative fine of
RUB 10,000
Novgorod Regional Court
05/03/2021
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 - domestic courts’ failure to call and examine the police officers whose written reports were used for the conviction
31379/21*
12/05/2021
Vasiliy Dodiyevich VAYSENBERG
1983
Anna Yevgenyevna Bochilo
Barnaul
Rally in support of
Mr A. Navalnyy
Moscow
23/01/2021
article 20.2 § 6.1 of CAO
administrative detention of
5 days
Moscow City Court
30/03/2021
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 - domestic courts’ failure to call and examine the police officers whose written reports were used for the conviction
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant by the court of first instance was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
31526/21*
24/05/2021
Diana Yevgenyevna YADRYSHNIKOVA
1985
Irina Yuryevna Ruchko
Yekaterinburg
Rally in support of Mr A. Navalnyy
Yekaterinburg
31/01/2021
article 20.2 § 5 of CAO
25 hours of community works
Sverdlovsk Regional Court
31/03/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 12.30 a.m. to 05.30 p.m. on 31/01/2021
32172/21*
11/06/2021
Andrey Mikhaylovich YEPIFANOVSKIY
2002
Memorial Human Rights Centre
Moscow
Rally in support of
A. Navalnyy
Tula
23/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Tula Regional Court
09/03/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 2.50 to 07.00 p.m. on 23/01/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
32196/21
25/05/2021
Olga Nikolayevna LAZARENKO
1974
Aleksandr Dmitriyevich Peredruk
St Petersburg
Rally in support of the governor of the Khabarovsk region Mr S. Furgal
Poyarkovo village, Amur Region
23/07/2020
article 20.2 § 5 of CAO
fine of
RUB 10,000
Amur Regional Court
07/12/2020
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
32666/21*
24/05/2021
Shamil Ramilevich VALISHIN
1999
Darya Dmitriyevna Aksenova
Kolomna
Rally in support of
A. Navalnyy
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
administrative detention of
12 days
Moscow City Court
12/02/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 05.00 p.m. on 31/01/2021 to 01/02/2021, the hearings in the applicant’s administrative-offence case
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 - domestic courts’ failure to call and examine the police officers whose written reports were used for the conviction