Published on 2 October 2023
SECOND SECTION
Application no. 16174/19
Mikhail Leonidovich MESTETSKIY against Russia
and 29 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 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 10 § 1 of the Convention relating to disproportionate measures against solo demonstrators which are the subject of well-established case law of the Court (see Novikova and Others v. Russia, nos. 25501/07 and 4 others, 26 April 2016, and Lashmankin and Others v. Russia, nos. 57818/09 and 14 others, 7 February 2017).
APPENDIX – STATEMENT OF FACTS
List of applications raising complaints under Article 10 § 1 of the Convention
(disproportionate measures against solo demonstrators)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Location
Date
Purpose of the demonstration
Administrative charges
Penalty
Final domestic decision
Date
Name of the court
Other relevant information
Other complaints under well-established case-law
16174/19*
10/03/2019
Mikhail Leonidovich MESTETSKIY
1980
Karinna Akopovna Moskalenko
Strasbourg
Moscow,
02/06/2018,
Support of O. Sentsov
article 20.2 § 5 of CAO,
administrative fine of
RUB 10,000
10/09/2018
Moscow City Court
Art. 5 (1) - unlawful deprivation of liberty – arrest, escorting to a police station on 02/06/2018 for the sole purpose of drawing up a record of administrative offence;
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.
21833/19*
12/04/2019
Lev Yevgenyevich GYAMMER
2000
Igor Nikolayevich Sholokhov
Kazan
1) Novokuznetsk, 09/09/2018,
Shouting slogans in support of
A. Navalnyy and against the pension reform from the balcony of the applicant’s flat
2) Novokuznetsk, 30/10/2018,
Series of solo demonstrations in memory of the victims of political repressions
article 20.2 § 2 of CAO,
administrative fine of RUB 20,000
article 20.2 § 2 of CAO,
administrative fine of RUB 20,000
23/01/2019
Kemerovo Regional Court,
28/01/2019
Kemerovo Regional Court,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of proceedings;
Art. 10 (1) - conviction for making calls to participate in public events – (Elvira Dmitriyeva v. Russia,
nos. 60921/17 and 7202/18, §§ 77-90, 30 April 2019) - conviction under art. 20.2 § 2 for making calls to participate in a series of simultaneous solo demonstrations of 30/10/2018 to commemorate the victims of political repressions, "Immortal Gulag", administrative fine of RUB 20,000, final judgment of 28/01/2019 by the Kemerovo Regional Court (the same as cited in respect of the second set of proceedings)
30003/19*
18/05/2019
Pavel Nikolayevich IVANKIN
1983
Anton Sergeyevich Grachev
Gatchina
St Petersburg, 15/02/2020,
Protest against the constitutional amendments
article 20.2 § 8 of CAO,
administrative detention of 5 days
St Petersburg City Court,
23/03/2021
rotation - event classified as assembly post facto
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention (i) from 02/11/2018 to 03/11/2018, as administrative suspect; and (ii) on 15/02/2020, for the sole purpose of drawing up a record of administrative offence; and (iii) from 21/04/2021 to 22/04/2021 as administrative suspect;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - all sets of proceedings:
(i) conviction under article 19.3 § 1 of the CAO, administrative detention of 10 days, final:
St Petersburg City Court, 20/11/2018;
ii) conviction under article 20.2 § 8 of the CAO in respect of the event of 15/02/2020, administrative detention of
5 days, final: St Petersburg City Court, 23/03/2021; and
(iii) conviction under article 20.2.2 § 1 of the CAO in respect of the rally of 21/04/2021, administrative detention of 5 days, final: St Petersburg City Court, 15/07/2021;
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 open court police officers on whose written statements the applicant’s conviction was based (three sets of proceedings);
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - (1) in respect of the event on 15/02/2020 - alternatively to Article 10 issue (see, mutatis mutandis, Tsukanov and Torchinskiy
v. Russia [Committee], nos.35000/13 and 35010/13,
§§ 48-50, 17 April 2018) - arrest, conviction for participation in a series of solo demonstrations held on 15/02/2020 by a group of no less than 90 participants (final judgment of 11/02/2021, St Petersburg City Court); (2) arrest, conviction under article 20.2.2 § 1 of CAO to administrative detention of 5 days for participation in a rally in support of A. Navalnyy on 21/04/2021 in
St Petersburg (final judgment of 15/07/2021,
St Petersburg City Court);
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 15//07/2020 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
32307/19
07/06/2019
Yevgeniy Alekseyevich ZHUKOV
1998
Aleksey Vladimirovich Glukhov
Novocheboksarsk
Kurgan,
24/02/2019,
Raising awareness of the consequences of President Putin’s politics for taxpayers
(the applicant, wearing a mask of Putin, was distributing leaflets
"Pay Taxes")
article 20.2 § 8 of CAO,
administrative detention of 15 days
10/04/2019, Kurgan Regional Court
conviction for hiding face during a public event
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 31/01/2021 for the sole purpose of drawing up a record of administrative offence;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of 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 officers on whose written statements the conviction was based (final decision by the Kurgan Regional Court on 16/03/2021);
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - manifestation in support of A. Navalnyy, Kurgan, 31/01/2021 - conviction under art 20.2 § 5 of the CAO, community work of
20 hours, final judgment: 16/03/2021, Kurgan Regional Court;
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 02/04/2019 was executed immediately, on account of the lack of suspensive effect of the appeal under the CAO.
41196/20*
10/08/2020
Marina Sergeyevna IONOVA
2000
Aleksandr Dmitriyevich Peredruk
St Petersburg
Kazan,
26/12/2019,
Support of a camp against construction of a combustion plant
article 20.2 § 2 of CAO,
administrative detention of 8 days
26/02/2020, Supreme Court of the Tatarstan Republic
distance requirement - event classified as assembly post facto
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention (i) on 20/02/2020 for the sole purpose of drawing up a record of an administrative offence in respect of the events of 26/12/2019; (ii) between 16/11/2018 and 17/11/2018 as administrative suspect, in connection with prosecution in respect of the rally of 09/09/2018;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - first set of proceedings (final judgment of 26/02/2020);
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 by the Supreme Court of the Republic of Tatarstan of 16/02/2022 was based; raised on appeal;
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - Rally against the pension reform, 09/09/2018, Kazan - arrest, conviction under article 20.2 § 5 of the CAO, fine of RUB 10,000, final judgment by the Supreme Court of the Republic of Tatarstan of 16/02/2022;
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 25/02/2020 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
2872/21*
08/12/2020
Marina Anatolyevna KEN
1975
Varvara Dmitriyevna Mikhaylova
St Petersburg
St Petersburg, 12/03/2020,
Protest against constitutional amendments
article 20.2 § 2 of CAO,
administrative fine of RUB 10,000
09/06/2020,
St Petersburg City Court
distance requirement - event classified as assembly post facto
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention (i) from 12/03/2020 to 13/03/2020 as administrative suspect, and (ii) from 18/07/2020 to 19/07/2020 as administrative suspect, in connection with the rally of 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 - both sets of 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 the applicant’s conviction was based (both sets of proceedings);
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - rally against constitutional amendments, on 16/07/2020,
in St Petersburg, conviction under article 20.2 § 8 of CAO, administrative detention of 15 days, final judgment of 24/07/2020, St Petersburg City Court.
10712/21*
08/02/2021
Tatyana Yuryevna USMANOVA
1983
Leonid Alekseyevich Solovyev
Moscow
Moscow,
01/06/2020,
Support of I. Azar
article 20.2 § 5 of CAO,
administrative fine of RUB 20,000
Moscow City Court, 28/10/2020
rotation - event classified as assembly post facto
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station on 01/06/2020 for the sole purpose of drawing up an administrative offence record (such record drawn up on 10/06/2020 only);
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
13712/21*
10/02/2021
Dzhulyeta Ramizovna MAGOMEDNABIYEVA
1982
Danil Ilnurovich Nurgaleyev
Kazan
Kazan,
01/08/2020,
Support of
S. Furgal
article 20.2 § 2 of CAO,
community work of 20 hours
09/09/2020, Supreme Court of the Republic of Tatarstan
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
17138/21*
12/03/2021
Yekaterina Yevgenyevna SURSYAKOVA
1975
Sergey Yuryevich Tiunov
Yekaterinburg
(i) Yekaterinburg, 01/08/2020,
Support of
S. Furgal
(ii) Yekaterinburg, 31/01/2021,
Protest against suppression of free political expression and the authorities’ repressive politics;
(iii) Yekaterinburg, 24/02/2022,
Anti-war protest
(i) article 20.2 § 5 of CAO
administrative fine of RUB 10,000,
(ii) article 20.2 § 8 of CAO,
community work, of 200 hours,
(iii) article 20.2-8 of the CAO, administrative fine of RUB 250,000
(i) 11/11/2020, Sverdlovsk Regional Court
(ii) 07/04/2020, Sverdlovsk Regional Court
(iii) 20/04/2022, Sverdlovsk Regional Court
rotation - event classified as assembly post facto (the third set of proceedings)
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 31/01/2021 as administrative suspect;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - all sets of 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 officers on whose written statements the conviction was based (2nd and 3rd sets of proceedings).
23988/21*
13/04/2021
Sergey Sergeyevich TSUKASOV
1968
Memorial Human Rights Centre
Moscow
Moscow,
29/05/2020,
support of I. Azar
article 20.2 § 5 of CAO,
administrative fine of RUB 20,000
14/10/2020 Moscow City Court
rotation - event classified as assembly post facto
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention (i) on 29/05/2020 for the sole purpose of drawing up a record of administrative offence (such record only compiled on 03/07/2020); (ii) on 19/03/2021, for compiling an offence record in connection with the event of 31/01/2021 and pending trial, for 6 hours;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - the first and the second sets of proceedings, final judgments of 14/10/2020 and 24/03/2021, Moscow City Court);
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 (the first and the second sets of proceedings, final judgments of 14/10/2020 and 24/03/2021, Moscow City Court);
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - (i) alternatively to Article 10 issue (see, mutatis mutandis, Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-50, 17 April 2018) - arrest, conviction for participation in a series of solo demonstrations held on 29/05/2020 by a group of no less than 25 participants;
(ii) conviction under Article 20.2-8 of the CAO, sentence of administrative detention of 5 days for participation in an unauthorised rally in support of A. Navalnyy of 31/01/2021 in Moscow (final judgment: 24/03/2021, Moscow City Court); (iii) conviction under Article 20.2-8 of the CAO, sentence of administrative detention of
10 days for participation in a meeting with MPs on 20/09/2021 in Moscow (final judgment: 29/09/2021, Moscow City Court);
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant (i) on 19/03/2021 (second set of proceedings concerning the rally of 31/01/2021) and (ii) on 27/09/2021 (third set of proceedings concerning the event of 20/09/2021) was on each of the two occasions executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
49949/21*
17/09/2021
Anatoliy Aleksandrovich CHISTOV
1991
Fedor Yevgenyevich Sirosh
Moscow
Moscow, Red Square, 18/11/2020,
Protest ("performance") against cancellation of New Year celebrations
article 20.2 § 5 of CAO,
administrative fine of RUB 10,000
22/03/2021, Moscow City 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.
53091/21
08/10/2021
Mikhail Dmitriyevich MALININ
1992
Aleksandr Dmitriyevich Peredruk
St Petersburg
Yaroslavl,
18/01/2021, Support of
A. Navalnyy
article 20.2 § 5 of CAO,
administrative fine of RUB 10,000
12/04/2021, Yaroslavl Regional Court
ban on public events at certain locations, immediate proximity of a police station
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of 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 the conviction was based, in proceedings related to the rally of 23/01/2021 (second set of proceedings);
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - Rally "Free Navalnyy", 23/01/2021, conviction under article 20.2 § 5 of CAO, fine of RUB 10,000, Yaroslavl Regional Court, 21/06/2021.
58322/21
05/11/2021
Yana Yuryevna SPATAR
1985
Nikolay Sergeyevich Zboroshenko
Mytishchi
Moscow,
19/01/2021, Support of
A. Navalnyy
article 20.2 § 5 of CAO,
administrative fine of RUB 10,000
13/07/2021, Moscow City Court
Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to the police station on 19/01/2021 for the sole purpose to draw up a record of administrative offence;
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.
27161/22*
05/05/2022
Makar Vladimirovich SOKOLOV
1995
Natalya Andreyevna Baranova
Moscow
Vologda,
03/09/2021,
Protest against the arbitrariness of the police of Vologda
article 20.2 § 5 of CAO,
administrative fine of RUB 6,000
08/11/2021, Vologda Regional Court
ban on public events at certain locations - in the vicinity of the Department of Interior of the Vologda Region
34710/22
11/07/2022
Irina Olegovna SOLODOVA
1985
Anna Yevgenyevna Bochilo
Barnaul
Volgograd,
24/02/2022,
Anti-war protest
article 20.2 § 2 of CAO,
administrative fine of 20,000 RUB
31/03/2022, Volgograd Regional Court
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to the police station and detention between 24/02/2022 and 25/02/2022 as administrative suspect, after 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.
35417/22*
11/07/2022
Darya Yuryevna KUCHERENKO
1994
Anna Yevgenyevna Bochilo
Barnaul
Ufa,
24/02/2022,
Anti-war protest
article 20.2 § 5 of CAO,
administrative fine of RUB 10,000
25/04/2022, Supreme Court of the Bashkortostan Republic
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.
39555/22
30/07/2022
Roman Zosimovich ALEKSANDROV
1983
Leonid Leonidovich Krikun
St Petersburg
St Petersburg, 08/03/2022,
Anti-war protest
article 20.2 § 2 of CAO,
administrative detention of 5 days
31/03/2022
St Petersburg City Court
distance requirement - event classified as assembly post facto
Art. 5 (1) - unlawful deprivation of liberty – arrest, escorting to a police station and detention between 08/03/2022 and 09/03/2022 as administrative suspect;
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 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 on 09/03/2022 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
41109/22
12/08/2022
Anastasiya Aleksandrovna ANDRYUSHINA
2001
Vladimir Valeryevich Vasin
Krasnoyarsk
Krasnoyarsk, 26/02/2022,
Anti-war protest
article 19.3 § 1 of CAO,
administrative fine of RUB 2,000;
and
article 20.2 § 8 of CAO,
administrative fine of RUB 150,000
13/04/2022, Krasnoyarsk Regional Court
13/04/2022 Krasnoyarsk Regional Court
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
41116/22
12/08/2022
Anna Andreyevna SOLOVYEVA
2002
Vladimir Valeryevich Vasin
Krasnoyarsk
26/02/2022, Krasnoyarsk,
Anti-war protest
article 19.3 § 1 of CAO
administrative fine of RUB 2,000;
and
article 20.2 § 8 of CAO,
administrative fine of RUB 150,000
13/04/2022, Krasnoyarsk Regional Court
13/04/2022 Krasnoyarsk Regional Court
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
41434/22
18/08/2022
Alina Romanovna MALYSHEVA
2002
Varvara Dmitriyevna Mikhaylova
St Petersburg
Smolensk, 17/03/2022,
Anti-war protest
article 20.2 § 2 of CAO,
community work of 20 hours
27/04/2022 Smolensk Regional Court
distance requirement - event classified as assembly post facto
Art. 5 (1) - unlawful deprivation of liberty - escorting to and detention at the police station between 17/03/2022 and 19/03/2022 as administrative suspect;
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 police officers on whose written statements his conviction was based.
43065/22*
26/08/2022
Yelizaveta Yevgenyevna PEREKRESTOVA
1993
Stanislav Aleksandrovich Seleznev
Samara
Elista,
06/03/2022,
Anti-war protest
article 20.3.3 § 1 of CAO,
administrative fine of RUB 30,000
27/04/2022, Supreme Court of the Republic of Kalmykia
conviction for discreditation of the Russian army
43151/22*
12/08/2022
Yuliya Igorevna VORONTSOVA
1990
Sergey Sergeyevich Kulikov
Nizhniy Novgorod
Nizhniy Novgorod, 24/02/2022,
Anti-war protest
article 20.2 § 6.1 of CAO,
administrative detention of 2 days
13/04/2022, Nizhniy Novgorod Regional Court
Art. 5 (1) - unlawful deprivation of liberty – arrest, escorting to a police station, detention between
24/02/2022 and 25/02/2022 as administrative suspect;
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 criminal proceedings - various deficiencies of the administrative offence proceedings (no possibility to adduce evidence in support of the applicant’s position).
43533/22
20/08/2022
Mikhail Anatolyevich SLYUSAR
1993
Vladislav Vladimirovich Kosnyrev
Syktyvkar
Syktyvkar, 27/02/2022,
Anti-war protest
article 20.2 § 5 of CAO,
administrative fine of RUB 15,000
20/04/2022, Supreme Court of the Komi Republic
ban on public events at certain locations - in the vicinity of the court buildings, Stefanovskaya Square of Syktyvkar
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station on 27/02/2022 for the sole purpose of drawing up a record of administrative offence;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
43594/22*
26/08/2022
Olga Nikolayevna DAVYDOVA
1978
Moscow, 13/03/2022,
Anti-war protest
(the applicant was arrested when approaching the venue)
article 20.3.3 § 1 of CAO,
administrative fine of RUB 50,000
26/04/2022, Moscow City Court
conviction for discreditation of the Russian army
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 13/03/2022 for the sole purpose of drawing up a record of administrative offence;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
45190/22*
22/08/2022
Yelena Valentinovna SAFRONOVA
1997
Blagoveshchensk, 26/02/2022,
Anti-war protest
article 20.6.1 § 1 of CAO,
administrative fine of RUB 1,000
11/05/2022, Amur Regional Court
COVID-related ban on public events
Art. 5 (1) - unlawful deprivation of liberty – arrest, escorting to the police station on 26/02/2022 for the sole purpose of drawing up a record of administrative offence;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
46016/22*
17/09/2022
Natalya Vladimirovna SEMENOVA
1997
Anna Yevgenyevna Bochilo
Barnaul
Cheboksary, 28/02/2022,
Anti-war protest
article 20.6.1 § 1 of CAO,
administrative fine of RUB 1,000
14/06/2022, Supreme Court of the Republic of Chuvashia
COVID-related ban on public events
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.
47795/22
15/09/2022
Ilya Khaimovich MYASKOVSKIY
1971
Sergey Sergeyevich Kulikov
Nizhniy Novgorod
Nizhniy Novgorod, 19/03/2022,
Anti-war protest (the applicant was taking pictures of another person who staged an anti-war solo demonstration)
article 20.2 § 5 of CAO,
administrative fine of RUB 10,000
06/07/2022, Nizhniy Novgorod Regional 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 open court police officers on whose written statements the conviction was based, as well as to adduce evidence in support of his account of events
(a video footage).
50659/22
23/09/2022
Anush Ivanovna PANINA
1987
Nikifor Yuryevich Ivanov
St Petersburg
St Petersburg, 02/04/2022,
Anti-war protest
article 20.2.2 § 1 of the CAO, administrative detention of 10 days;
and
article 20.3.3 § 1 of the CAO, administrative fine of RUB 40,000
24/05/2022,
St Petersburg City Court
(two separate final judgments issued on the same date)
conviction for discreditation of the Russian army (the second set of proceedings)
Art. 5 (1) - unlawful deprivation of liberty – arrest, escorting a police station detention between 02/04/2022 and 03/04/2022 as administrative suspect, pending trial, after the offence record was compiled,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of 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 (both sets of proceedings);
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 issue (see, mutatis mutandis, Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-50, 17 April 2018) - arrest, conviction for participation in an unauthorised gathering of 50 persons on 02/04/2022; art 20.2.2 § 1 of the CAO, final judgment: 24/05/2022, St Petersburg City Court;
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 03/04/2022 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
51812/22
21/10/2022
Polina Andreyevna BARABASH
2000
Yana Andreyevna Nepovinnova
St Petersburg
St Petersburg, 02/04/2022, Anti-war protest
(the applicant chained herself to a fence and installed a blue and yellow cross and anti-war posters nearby)
article 20.3.3 § 1 CAO,
administrative fine of RUB 30,000
23/06/2022
St Petersburg City Court
conviction for discreditation of the Russian army
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station on 02/04/2022 for a sole purpose of drawing up a record of administrative offence;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
329/23
29/11/2022
Vladimir Vladimirovich AVDONIN
1992
Aleksey Sergeyevich Lapuzin
Samara
Samara, 27/02/2022,
Anti-war protest
article 20.2 § 5 of CAO,
administrative fine of RUB 10,000
29/07/2022 Samara Regional Court
rotation - event classified as assembly post facto
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention on 27/02/2022 for the sole purpose of drawing up a record of the administrative offence;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.