Published on 26 June 2023
FIFTH SECTION
Application no. 41853/21
Anton Sergeyevich NADAREYSHVILI against Russia
and 34 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 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
41853/21*
02/08/2021
Anton Sergeyevich NADAREYSHVILI
1992
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
detention for 10 days
Moscow City Court
05/02/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 3.05 p.m. on 31/01/2021 and 7.50 p.m. on 01/02/2021[1];
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings[2];
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[3];
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[4].
41855/21*
02/08/2021
Grigoriy Valentinovich TURINTSEV
1980
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
detention for 10 days
Moscow City Court
09/02/2021
Art. 3 - inadequate conditions of detention during transport - van, 02/02/2021, overcrowding (22 people), inadequate temperature[5];
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 11.45 p.m. on 02/02/2021 and 6.30 p.m. on 03/02/2021;
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) - unfair trial in administrative offence proceedings (refusal to summon witnesses for the defence requested by the applicant and to allow evidence in support of the applicant’s account of events (video and photos of the events); participation in the examination of the case by the appeal court by video link which prevented the applicant from discussing the details of his case confidentially with his lawyer; inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based)[6];
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.
42088/21*
04/08/2021
Artem Vladimirovich ALBUTOV
1990
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
detention for 8 days
Moscow City Court
24/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 3.00 p.m. on 31/01/2021 and 8.00 p.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;
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;
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.
42093/21*
04/08/2021
Vitaliy Borisovich RAZORENOV
1989
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
detention for 12 days
Moscow City Court
05/02/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 3.00 p.m. on 31/01/2021 and 12.30 p.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;
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;
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.
42094/21*
04/08/2021
Anastasiya Aleksandrovna PISKUN
1995
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
detention for 7 days
Moscow City Court
04/02/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 2.40 p.m. on 31/01/2021 and 7.50 p.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;
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;
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.
42097/21*
04/08/2021
Sergey Aleksandrovich LUSHCHIK
1996
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
detention for 10 days
Moscow City Court
26/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 11.50 p.m. on 02/02/2021 and noon on 03/02/2021;
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) – unfair trial in administrative offence proceedings (refusal to allow evidence in support of the applicant’s account of events (video and photos of the events in question); inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based);
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.
42292/21*
04/08/2021
Vyacheslav Yuryevich GRICHKOV
1997
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
detention for 8 days
Moscow City Court
16/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 1.40 p.m. on 31/01/2021 and 8.05 p.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;
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;
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.
42311/21*
04/08/2021
Dmitriy Nikolayevich DANDYKIN
1992
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
detention for 13 days
Moscow City Court
08/02/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 1.30 p.m. on 31/01/2021 and 5.00 p.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;
Art. 6 (1) - unfair trial in administrative offence proceedings (refusal to allow the applicant’s lawyer to enter the police station at the time of the applicant’s arrest; inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based);
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.
43753/21*
26/08/2021
Darya Vladimirovna SUKHOVA
1995
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
02/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 3.19 p.m. and 11.58 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;
Art. 6 (1) - unfair trial in administrative offence proceedings (refusal to allow evidence (video record) in support of the applicant’s account of events; inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based).
43790/21*
26/08/2021
Artur Vladimirovich KIUSHKIN
1998
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Saransk
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Republic of Chuvashia
04/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station between 8.10 p.m. on 21/04/2021 and 1.30 a.m. on 22/04/2021;
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 - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.
43796/21*
26/08/2021
Filipp Antonovich FORTUNKOV
1990
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 20,000
Moscow City Court
30/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 4.14 p.m. on 31/01/2021 and 5.30 p.m. on 02/02/2021;
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) – unfair trial in administrative offence proceedings (refusal of the court to summon defence witnesses; inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based).
43805/21
26/08/2021
Raushaniya Ilgizovna STEGLENKO
1983
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Magnitogorsk
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 13,000
Chelyabinsk Regional Court
31/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record between 1.05 p.m. and 4.15 p.m. on 31/01/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
43815/21
26/08/2021
Dmitriy Andreyevich LYSKOV
1982
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Beryozniki
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Perm Regional Court
22/04/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record between 12.15 p.m. and 3.30 p.m. on 31/01/2021;
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 - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.
43828/21*
26/08/2021
Kseniya Alekseyevna UYMANOVA
2000
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Vladivostok
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Primorye Regional Court
15/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 12.05 p.m. and 7.00 p.m. on 31/01/2021;
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 - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.
43850/21*
10/08/2021
Leonid Mikhaylovich SHEKHTMAN
1995
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
detention for 7 days
Moscow City Court
10/02/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 12.40 p.m. on 31/01/2021 and 4.37 p.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 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
43859/21*
10/08/2021
Yegor Alekseyevich BALYKO
1997
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
detention for 12 days
Moscow City Court
04/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police for compiling an offence record between 5.50 p.m. on 31/01/2021 and 8:30 p.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 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
43861/21*
10/08/2021
Yevgeniy Sergeyevich BARABASH
1995
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
detention for 15 days
Moscow City Court
10/02/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 5.30 p.m. on 31/01/2021 and 3.20 p.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;
Art. 6 (1) - unfair trial in administrative offence proceedings (refusal of the court to grant the applicant’s request to adduce evidence in support of his account of events; inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based; the applicant’s lawyer was not allowed to represent him in the first-instance court hearing);
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.
44002/21*
30/08/2021
Aleksandr Sergeyevich POPKOVICH
1997
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
detention for 10 days
Moscow City Court
02/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 6.15 p.m. on 31/01/2021 and 6.00 p.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 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
44093/21*
30/08/2021
Dmitriy Anatolyevich YEPISHCHEV
1987
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
12/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 2:30 p.m. on 23/01/2021 and 0:20 a.m. on 24/01/2021;
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 - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.
44100/21*
30/08/2021
Irina Vasilyevna ORESHKINA
1977
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
12/03/2021
Art. 5 (1) - unlawful detention - escorting to detention at the police station for compiling an offence report between 4.40 p.m. and 11.20 p.m. on 31/01/2021;
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 - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.
47172/21*
07/09/2021
Aleksey Markovich TOVSHTEYN
1969
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
St Petersburg
31/01/2021
article 20.2.2 § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
09/03/2021
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) - unfair trial in administrative offence proceedings (denial of opportunity to adduce evidence in support of the applicant’s account of events (video records of his arrest); inability to cross-examine in the trial two police officers on whose written statements the applicant’s conviction was based).
47174/21*
07/09/2021
Marina Sergeyevna KLIVETSKAYA
1975
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Omsk
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Omsk Regional Court
06/04/2021
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 - inability to cross-examine eyewitness Sh.
47202/21*
16/09/2021
Yuliya Vladimirovna REZNIKOVA
1972
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Taganrog
31/01/2021
article 20.2.2 § 1 of CAO
fine of RUB 10,000
Rostov Regional Court
17/03/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
47227/21*
16/09/2021
Yevgeniy Viktorovich LIDZHIYEV
1991
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
detention for 8 days
Moscow City Court
16/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record on 31/01/2021;
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) (c) - unfair criminal proceedings due to lack of legal representation - refusal to allow the applicant’s lawyer to step in at the time of the compiling of the administrative offence record on 31/01/2021 in the police station.
47229/21*
16/09/2021
Petr Alekseyevich STRYAKHNIN
1997
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
17/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 1.30 p.m. and 9.10 p.m. on 31/01/2021;
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 - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.
48036/21*
09/09/2021
Yefim Ilyich MATUSHKIN
2001
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
10/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 12.00 p.m. on 02/02/2021 and 01.00 a.m. on 03/02/2021;
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 - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.
48104/21*
09/09/2021
Yakov Mikhaylovich PODMAREV
2002
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
10/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report between 11.00 a.m. on 02/02/2021 and 12 a.m. on 03/02/2021;
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 - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.
48155/21
24/09/2021
Kirill Olegovich SAVCHENKOV
1987
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
19/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 3.30 p.m. on 31/01/2021 and 00.03 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;
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.
48158/21
24/09/2021
Aleksandra Aleksandrovna SAZONOVA
1996
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
02/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 3.30 p.m. on 23/01/2021 and 12 a.m. on 24/01/2021;
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 - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.
48172/21*
24/09/2021
Gennadiy Alekseyevich STEPANCHIKOV
1973
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 15,000
Moscow City Court
06/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 2.30 p.m. on 31/01/2021 and noon on 02/02/2021;
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) - unfair trial in administrative offence proceedings - (refusal of a request to adduce evidence in support of the applicant’s account of events (video and photo records of his arrest); inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.
48195/21*
24/09/2021
Aleksandr Sergeyevich OSIN
1997
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Moscow City Court
02/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 11.30 p.m. on 02/02/2021 and 3.00 p.m. on 03/02/2021;
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 - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.
48197/21*
24/09/2021
Yevgeniy Olegovich ZHIDILEV
1990
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
12/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 11:30 p.m. on 02/02/2021 and 5:00 a.m. on 03/02/2021;
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 - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.
48204/21*
24/09/2021
Mariyem Shakhidovna SAYEDA
2001
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
St Petersburg
31/01/2021
article 20.2.2 § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
20/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 2.00 p.m. on 31/01/2021 and 03.45 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;
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.
48206/21
24/09/2021
Vlada Yuryevna AKHMANOVA
2001
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Cheboksary
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Republic of Chuvashia
30/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record 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.
48215/21
24/09/2021
Yekaterina Valeryevna BABUTSKAYA
1993
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Taganrog
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Rostov Regional Court
29/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record between 11.15 a.m. and 5.30 p.m. on 31/01/2021;
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) - unfair trial in administrative offence proceedings - refusal of the court to allow evidence in support of the applicant’s account of events (video and photos of the events in question); inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.
[1] Butkevich v. Russia, no. 5865/07, §§ 63-65, 13 February 2018, Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 115-31, 10 April 2018, and Korneyeva v. Russia, no. 72051/17, §§ 34-36, 8 October 2019.
[2] Karelin v. Russia, no. 926/08, §§ 58-85, 20 September 2016.
[3] Schatschaschwili v. Germany [GC], no. 9154/10, §§ 100-31, ECHR 2015, and Murtazaliyeva v. Russia [GC], no. 36658/05, §§ 150-59, 18 December 2018.
[4] Martynyuk v. Russia, no. 13764/15, §§ 38-42, 8 October 2019.
[5] Tomov and Others v. Russia, nos. 18255/10 and 5 others, §§ 123-28, 9 April 2019.
[6] Kasparov and Others v. Russia (no. 2), no. 51988/07, §§ 48-51, 13 December 2016.