Published on 5 February 2024
FOURTH SECTION
Application no. 73383/17
Pavel Valeryevich MOCHALOV against Russia
and 17 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 11 January 2024, 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 6 § 1 of the Convention relating to lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings which are the subject of well-established case law of the Court (see Karelin v. Russia, no. 926/08, 20 September 2016).
APPENDIX – STATEMENT OF FACTS
List of applications raising complaints under Article 6 § 1 of the Convention
(lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Penalty
Date of final domestic decision
Name of court
Other complaints under well-established case-law
73383/17*
05/10/2017
Pavel Valeryevich MOCHALOV
1998
Aleksey Vladimirovich Glukhov
Novocheboksarsk
administrative fine of RUB 20,000
20/07/2017, Supreme Court of the Chuvashia Republic
Art. 10 (1) - various restrictions on the right to freedom of expression - the applicant together with three other persons was convicted under Article 20.2 § 2 of the CAO for having publicly displayed a banner "You will not kill everyone, you will not imprison everyone" accompanied by lighting flares at the bridge in Cheboksary on 25/02/2017, fined RUB 10,000; final decision 20/07/2017 Supreme Court of the Chuvashia Republic (see Tatár and Fáber v. Hungary (nos. 26005/08 and 26160/08, §§ 36-42,
12 June 2012).
11807/20*
13/02/2020
Anna Mikhaylovna BALTINA
1979
Irina Yuryevna Ruchko
Yekaterinburg
administrative fine of RUB 20,000
13/08/2019, Sverdlovsk Regional Court
Art. 10 (1) - conviction for making calls to participate in public events - protest against construction of the cathedral on 13/05/2019 in Yekaterinburg, Article 20.2 § 2 of CAO, fine of RUB 20,000, final decision Sverdlovsk Regional Court 13/08/2019 (see Elvira Dmitriyeva v. Russia, nos. 60921/17 and 7202/18, §§ 77-90, 30 April 2019).
41802/21*
05/08/2021
Sergey Andreyevich BOYKO
1983
Ivan Yuryevich Zhdanov
Vilnius
administrative detention for 28 days
09/02/2021, Novosibirsk Regional Court
Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 23/01/2021 in Novosibirsk, Article 20.2 § 8 of CAO, detention for 28 days, final decision Novosibirsk Regional Court on 09/02/2021 (see Elvira Dmitriyeva, cited above).
43010/21*
09/08/2021
Eseniya Vladimirovna SHERSTOBAYEVA
2001
Ivan Yuryevich Zhdanov
Vilnius
community service for
30 hours
03/03/2021, Supreme Court of the Karelia Republic
Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 31/01/2021 in various Russian cities, Article 20.2 § 2 of CAO, community service for 30 hours, final decision of the Supreme Court of the Karelia Republic on 03/03/2021 (see Elvira Dmitriyeva, cited above).
43762/21*
23/08/2021
Vyacheslav Vladimirovich BURMISTROV
1960
Aleksandr Yevgenyevich Pomazuyev
Vilnius
administrative fine of RUB 25,000
10/03/2021, Nizhniy Novgorod Regional 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 the trial the police officers on whose written statements the applicant’s conviction was based (see Schatschaschwili v. Germany [GC], no. 9154/10, §§ 100-31, ECHR 2015, and Murtazaliyeva v. Russia [GC], no. 36658/05, §§ 150-59, 18 December 2018),
Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 23/01/2021 in Nizhniy Novgorod, Article 20.2 § 2 of CAO, fine of RUB 25,000, final decision by the Nizhniy Novgorod Regional Court on 10/03/2021 (see Elvira Dmitriyeva, cited above).
48304/21*
09/09/2021
Anastasiya Yuryevna YEVDOKIMOVA
2001
Konstantin Aleksandrovich Markin
Velikiy Novgorod
community service for 30 hours
11/03/2021, Novgorod Regional 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 the trial the police officers on whose written statements the conviction was based and the expert who gave an opinion that the applicant’s post contained a call to participate in the rally (see Schatschaschwili and Murtazaliyeva, cited above),
Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 31/01/2021 in Velikiy Novgorod, Article 20.2 § 2 of CAO, community service for 30 hours, final decision by the Novgorod Regional Court on 11/03/2021 (see Elvira Dmitriyeva, cited above).
50155/21*
23/09/2021
Anastasiya Pavlovna PANCHENKO
1994
Feliks Yevgenyevich Vertegel
Krasnodar
administrative detention for 10 days
24/03/2021,
Krasnodar Regional Court
Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 23/01/2021 in Krasnodar, Article 20.2 § 2 of CAO, detention for 10 days, final decision by the Krasnodar Regional Court on 24/03/2021 (see Elvira Dmitriyeva, cited above),
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 (see Martynyuk v. Russia, no. 13764/15, §§ 38-42, 8 October 2019).
54544/21
13/10/2021
Vladimir Ivanovich TOLCHENNIKOV
1987
Ernest Aleksandrovich Mezak
Saint-Barthélemy-d’Anjou
administrative fine of RUB 10,000
14/04/2021, Supreme Court of the Komi Republic
Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 23/01/2021 in Syktyvkar, Article 20.2 § 2 of CAO, fine of RUB 10,000, final decision by the Supreme Court of the Komi Republic on 14/04/2021 (see Elvira Dmitriyeva, cited above).
57954/21*
15/11/2021
Fedor Yuryevich REGUZOV
1999
Dmitriy Dmitriyevich Miropoltsev
Kaltan
administrative fine of RUB 22,000
02/06/2021, Kemerovo Regional 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 the trial the police officers on whose written statements the applicant’s conviction was based (see Schatschaschwili and Murtazaliyeva, cited above),
Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 23/01/2021 in Novokuznetsk, Article 20.2 § 2 of CAO, fine of RUB 22,000, final decision by the Kemerovo Regional Court on 02/06/2021 (see Elvira Dmitriyeva, cited above).
58265/21*
27/11/2021
Viktor Anatolyevich SHISHKIN
1987
Ivan Yuryevich Zhdanov
Vilnius
administrative fine of RUB 20,000
27/07/2021,
Murmansk Regional Court
Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 21/04/2021 in Polyarnyye Zori, Article 20.2 § 2 of CAO, fine of RUB 20,000, final decision by the Murmansk Regional Court on 27/07/2021 (see Elvira Dmitriyeva, cited above).
58858/21*
27/11/2021
Oksana Vladimirovna MIKHAYLICHENKO
1986
Ivan Yuryevich Zhdanov
Vilnius
administrative fine of RUB 10,000
15/07/2021,
Penza Regional Court
Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 21/04/2021 in Penza, Article 20.2 § 2 of CAO, fine of RUB 10,000, final decision by the Penza Regional Court on 15/07/2021 (see Elvira Dmitriyeva, cited above).
58989/21*
27/11/2021
Yuriy Valentinovich KUZNETSOV
1960
Ivan Yuryevich Zhdanov
Vilnius
administrative fine of RUB 20,000
10/06/2021, Supreme Court of the Mordovia Republic
Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 21/04/2021 in Saransk, Article 20.2 § 2 of CAO, fine of RUB 20,000, final decision by the Supreme Court of the Mordovia Republic on 10/06/2021 (see Elvira Dmitriyeva, cited above).
59993/21*
03/12/2021
Anton Yevgenyevich KOSTIN
1995
Ivan Yuryevich Zhdanov
Vilnius
administrative fine of RUB 20,000
16/06/2021, Nizhniy Novgorod Regional Court
Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 31/01/2021 in Nizhniy Novgorod, Article 20.2 § 2 of CAO, fine of RUB 20,000, final decision by the on Nizhniy Novgorod Regional Court 16/06/2021 (see Elvira Dmitriyeva, cited above).
3546/22*
22/12/2021
Anastasiya Vladimirovna YEMELYANOVA
1984
Memorial Human Rights Centre
Moscow
administrative fine of RUB 75,000
22/06/2021, Supreme Court of the Kabardino-Balkaria Republic
Art. 6 (1) - unfair trial in administrative offence proceedings - the courts mainly relied on the expert opinion produced by the regional office of the Federal Security Service and confirming that the applicant’s post in Instagram contained a call to the public to take part in the unauthorised rally; the applicant’s request to obtain an additional expert opinion from a non-state affiliated institution was rejected (see Letinčić v. Croatia, no. 7183/11, § 50, 3 May 2016),
Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 23/01/2021 in Prokhladnyy, Article 20.2 § 8 of CAO, fine of RUB 75,000, final decision by the Supreme Court of the Kabardino-Balkaria Republic on 22/06/2021 (see Elvira Dmitriyeva, cited above).
5288/22*
25/12/2021
Yelena Leonidovna RUSAKOVA
1962
Aleksey Vladimirovich Rybin
Moscow
administrative fine of RUB 150,000
13/09/2021 Moscow City Court
Art. 6 (1) - unfair trial in administrative offence proceedings - inability to adduce exonerating evidence, including video recordings, to question defence witnesses and obtain expert opinion in the administrative-offence proceedings under Article 20.2 § 8 of the CAO, final decision on 13/09/2021 by the Moscow City Court (see, mutatis mutandis, Kasparov and Others v. Russia (no. 2), no. 51988/07,
§§ 48-51, 13 December 2016).
7224/22*
15/01/2022
Yelena Yuryevna LASHTABEGA
1988
Memorial Human Rights Centre
Moscow
administrative fine of RUB 20,000
16/07/2021, Novosibirsk Regional Court
Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 21/04/2021 in Novosibirsk, Article 20.2 § 2 of CAO, fine of RUB 20,000, final decision by the Novosibirsk Regional Court on 16/07/2021 (see Elvira Dmitriyeva, cited above).
8026/22
22/12/2021
Anton Eduardovich DOROFEYEV
1987
administrative detention for 10 days
22/06/2021, Kaliningrad Regional Court
Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 21/04/2021 in Kaliningrad, Article 20.2 § 2 of the CAO, detention for 10 days, final decision by the Kaliningrad Regional Court on 22/06/2021 (see Elvira Dmitriyeva, cited above).
8692/23*
05/12/2022
Larisa Viktorovna PAREVA
1965
administrative fine of RUB 20,000
11/08/2022, 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 the trial the police officers on whose written statements the conviction was based in the administrative-offence proceedings which ended with the final decision taken on 11/08/2022 (see Schatschaschwili and Murtazaliyeva, cited above),
Art. 10 (1) - conviction for making calls to participate in public events - (1) rally against Russia’s military attack on Ukraine on 24/02/2022 in various Russian cities, Article 20.2 § 2 of CAO, fine of RUB 20,000, final decision Moscow City Court 11/08/2022.
(2) rally against Russia’s military attack on Ukraine on 09/05/2022 in Moscow, Article 20.2 § 2 of CAO, fine of RUB 20,000, the first-instance judgment dates 28/06/2022; the final decision by the Moscow City Court on 03/10/2022.