Published on 5 February 2024
FIRST SECTION
Application no. 48859/16
Kseniya Grigoryevna MOLIBOGA against Russia
and 14 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 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
48859/16
09/08/2016
Kseniya Grigoryevna MOLIBOGA
1997
Ilya Vladimirovich Sivoldayev
Voronezh
Voronezh, 19/11/2015,
protest against malfunctioning of a local university (wearing a mask with a skull picture)
article 20.2 § 5 of CAO,
fine of RUB 5,000
09/02/2016, Voronezh Regional Court
21830/18*
19/04/2018
Pavel Aleksandrovich NOVICHENKO
1990
Yelena Yuryevna Pershakova
Moscow
Perm,
22/09/2017,
solo demonstration in support of A. Navalnyy
article 20.2 § 5 of CAO,
fine of RUB 10,000
19/10/2017, Perm Regional Court
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 6.50 p.m. on 22/09/2017 until 11.00 p.m. on 23/09/2017; 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: 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
42078/18*
24/08/2018
Konstantin Yaroslavovich YURLOV
1991
Ivan Yuryevich Zhdanov
Vilnius
Moscow, 08/07/2017, distributing leaflets in support of A. Navalnyy
article 20.2 § 5 of CAO,
fine of RUB 15,000
28/02/2018, Moscow City Court
ban on public events at certain locations: FIFA Confederations CUP restrictions (ban on holding public events on 01/06-12/07/2017)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
44110/18*
30/08/2018
Dmitriy Aleksandrovich PETROV
1999
Ivan Yuryevich Zhdanov
Vilnius
Cherepovets, 16/06/2017,
solo demonstration in support of A. Navalnyy
article 20.2 § 1 of CAO,
fine of RUB 10,000
05/03/2018, Vologda Regional Court
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
49338/18*
10/10/2018
Anna Pavlovna YANTSEVA
1998
Ivan Yuryevich Zhdanov
Vilnius
Moscow, 08/07/2017, Distribution of leaflets in support of A. Navalnyy’s intention to run for the President of Russia
article 20.2 § 5 of CAO,
fine of RUB 10,000
22/06/2018, Moscow City Court
ban on public events at certain locations: FIFA Confederations CUP restrictions (ban on holding public events on 01/06-12/07/2017)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 5 (1) - unlawful detention – the applicant was taken to the police station on 08/07/2017 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),
6336/19*
04/01/2019
Oleg Sergeyevich SAVVIN
1988
Mariya Vladimirovna Bontsler
Kaliningrad
Kaliningrad, 01/06/2018, solo demonstration in support of O. Sentsov
article 20.2 § 5 of CAO,
fine of RUB 10,000
26/07/2018, Kaliningrad Regional Court
ban on public events at certain locations: FIFA Confederations CUP restrictions (ban on holding public events on 01/06-12/07/2017)
8791/19
23/01/2019
Kamil Faritovich GATAULLIN
1997
Aleksey Vladimirovich Glukhov
Novocheboksarsk
Kazan,
01/06/2018,
solo demonstration in support of O. Sentsov
article 20.2 § 1 of CAO, community service, 20 hours
25/07/2018, Supreme Court of the Tatarstan Republic
ban on public events at certain locations: FIFA World Championship restrictions (ban on holding public events on 25/05-25/07/2018)
13507/19*
25/02/2019
Androik Aramovich ARTYNOV
1988
Aleksey Vladimirovich Glukhov
Novocheboksarsk
Moscow, 08/06/2018,
protest against FIFA fan festivals
article 20.2 § 2 of CAO,
fine of RUB 20,000
28/08/2018, Moscow City Court
ban on public events at certain locations: FIFA World Championship restrictions (ban on holding public events on 25/05-25/07/2018)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
14669/19*
04/03/2019
Andrey Igorevich KISELEV
1992
Irina Aleksandrovna Yatsenko
Moscow
Moscow, 22/06/2018, support of political prisoners ("Novoye Velichiye" case),
article 20.2 § 5 of CAO,
fine of RUB 20,000
04/09/2018, Moscow City Court
ban on public events at certain locations: FIFA World Championship restrictions (ban on holding public events on 25/05-25/07/2018)
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.30 p.m. until 7.00 p.m. on 22/06/2018; 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); 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,
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 the conviction was based,
Art. 6 (1) - unfair criminal proceedings - various shortcomings in the administrative offence proceedings (no possibility to adduce evidence)
18545/19*
20/03/2019
Valeriy Petrovich KUZMENKOV
1961
Irina Aleksandrovna Yatsenko
Moscow
Moscow, 31/05/2018,
protest against construction works on "Krasnaya Strela" stadium
article 20.2 § 5 of CAO,
fine of RUB 10,000
20/09/2018, Moscow City Court
ban on public events at certain locations: FIFA World Championship restrictions (ban on holding public events on 25/05-25/07/2018)
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report on 31/05/2018; 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,
Art. 6 (1) - unfair criminal proceedings - various shortcomings in the administrative offence proceedings (no possibility to adduce evidence),
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 the conviction was based
21186/19
07/04/2019
Mark Yevgenyevich NEMTSEV
1984
Memorial Human Rights Centre
Moscow
Moscow, 23/06/2018,
protest against pension reform
article 20.2 § 5 of CAO,
fine of RUB 10,000
25/10/2018, Samara Regional Court
ban on public events at certain locations: FIFA World Championship restrictions (ban on holding public events on 25/05-25/07/2018)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
29373/19*
14/05/2019
Anton Gennadyevich SUSHKEVICH
1970
Karinna Akopovna Moskalenko
Strasbourg
Moscow, 28/05/2018,
solo demonstration in support of O. Sentsov
article 20.2 § 5 of CAO,
fine of RUB 15,000
14/11/2018, Moscow City Court
ban on public events at certain locations: FIFA World Championship restrictions (ban on holding public events on 25/05-25/07/2018)
Art. 5 (1) - unlawful detention - escorting to the police station on 28/05/2018 for compiling an offence report; 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,
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 the conviction was based
32446/19*
16/05/2019
Valeriya Ivanovna SKOROBOGATOVA
1970
Oleg Aleksandrovich Yelanchik
Moscow
Moscow, 01/07/2018,
protest against pension reform
article 20.2 § 5 of CAO,
fine of RUB 10,000
16/11/2018, Moscow City Court
ban on public events at certain locations: FIFA World Championship restrictions (ban on holding public events on 25/05-25/07/2018)
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report on 01/07/2018; 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,
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 the conviction was based
48507/19*
12/09/2019
Polina Valeryevna SIZOVA
1997
Memorial Human Rights Centre
Moscow
Moscow, 07/10/2018,
protest against torture in Russia
article 20.2 § 5 of CAO,
fine of RUB 10,000
12/03/2019, Moscow City Court
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 5.30 p.m. until 9.05 p.m. on 07/10/2018; 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); applicant taken to the police station as an administrative suspect: unacknowledged detention in so far as escorting time is not included in the overall length of the administrative detention (see Navalnyy and Yashin v. Russia, no. 76204/11, § 95, 4 December 2014); 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
18832/23*
14/04/2023
Vadim Igorevich KOROLEV
1986
(i) 27/02/2022, Moscow,
Anti-war protest
(ii) 06/03/2022,
Moscow,
Anti-war protest
article 20.2 § 5 of CAO,
fine of RUB 10,000
(conviction of 15/12/2022)
article 20.2. § 5 of CAO,
fine of RUB 20,000 (conviction of 01/03/2023)
(i) 01/03/2023, Moscow City Court (protest of 27/02/2022)
(ii) 15/12/2022, Moscow City Court (protest of 06/03/2022)
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling of offence report: (i) from 6.00 p.m. on 27/02/2022 until 1.00 a.m. on 28/02/2022; (ii) from 2.55 p.m. until 9.25 p.m. on 06/03/2022