Published on 30 October 2023
SECOND SECTION
Application no. 2064/18
Valeriy Georgiyevich NELYUBIN against Russia
and 18 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 5 October 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
2064/18
11/12/2017
Valeriy Georgiyevich NELYUBIN
1947
Valentin Valentinovich Pyshkin
St Petersburg
Opposition rally
St Petersburg
29/04/2017
article 20.2 § 5 of CAO
fine of RUB 10,000
St Petersburg City Court
04/07/2017
Art. 6 (1) - unfair trial in administrative offence proceedings - various deficiencies of the administrative offence proceedings (absence in the trial, no possibility to adduce evidence or question defence witnesses).
48440/19
05/09/2019
Dmitriy Yuryevich SEKUSHIN
1973
Igor Nikolayevich Sholokhov
Kazan
Environmental issues rally
Arkhangelsk
07/04/2019
article 20.2 § 8 of CAO
fines of RUB 200,000 and RUB 200,000
Arkhangelsk Regional Court
04/07/2019 and 07/05/2019
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - two sets of the proceedings, final - Arkhangelsk Regional Court, 07/05/2019 and 04/07/2019,
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings – two separate prosecutions under article 20.2 of CAO for one “hybrid” event
55645/21*
22/10/2021
Leonid Igorevich KOVALEV
2002
MOO MEMORIAL Human Rights Centre
St Petersburg
Rally "Free Navalnyy"
St Petersburg
21/04/2021
article 20.2 § 2 of CAO
detention for 8 days
St Petersburg City Court
28/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 10.10 p.m. on 21/04/2021 until 6 p.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,
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.
55655/21*
22/10/2021
Mikhail Nikolayevich ALEKSEYEV
1997
MOO MEMORIAL Human Rights Centre
St Petersburg
Rally "Free Navalnyy"
St Petersburg
21/04/2021
article 20.2 § 2 of CAO
detention for 5 days
St Petersburg City Court
06/07/2021
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,
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 7.30 p.m. on 21/04/2021 until 4.05 p.m. on 22/04/2021.
56348/21*
15/10/2021
Vladimir Sergeyevich KOTOV
1981
Aleksey Valeryevich Vlasov
Tula
Rally "Free Navalnyy"
Tula
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 13,000
Tula Regional Court
01/04/2021
(decision received on 15/04/2021)
rt. 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 - escorting to the police station on 31/01/2021 for compiling an offence report.
56417/21
23/10/2021
Alina Aleksandrovna STEPANOVA
2001
Aleksandr Vasilyevich Popkov
Sochi
Rally "Free Navalnyy"
Sochi
23/01/2021
article 20.2 § 2 of CAO
fine of RUB 20,000
Krasnodar Regional Court
26/04/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 5 (1) - unlawful detention - escorting to the police station on 21/01/2021 for compiling an offence report.
56500/21*
27/10/2021
Aleksandr Mikhaylovich SUKHANOV
1988
MOO MEMORIAL Human Rights Centre
St Petersburg
Rally "Free Navalnyy"
St Petersburg
21/04/2021
article 20.2 § 2 of CAO
detention for 7 days
St Petersburg City Court
27/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 7.30 p.m. on 21/04/2021 until 2.30 p.m. on 22/04/2021,
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 the trial the police officers on whose written statements the applicant’s conviction was based,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
56508/21
28/10/2021
Anastasiya Vladimirovna SENYUSHKINA
2000
Aleksey Alekseyevich Vasilyev
Moscow
Rally "Free Navalnyy"
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
28/04/2021
Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 23/01/2021 for 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,
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.
56929/21*
25/10/2021
Vladimir Aleksandrovich RUBETS
1988
Vladimir Sergeyevich Nemanov
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Moscow City |Court
13/05/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for 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,
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.
13739/22*
28/02/2022
Mikhail Sergeyevich MIKHAYLENKO
1993
Konstantin Aleksandrovich Markin
Velikiy Novgorod
Rally "Free Navalnyy"
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
05/10/2021
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,
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 5.10 p.m. on 23/01/2021 until 01.00 a.m. on 24/01/2021.
13885/22
28/02/2022
Arina Vladimirovna MIKHEYEVA
2000
Kseniya Dmitriyevna Prosvirkina
Moscow
Rally "Free Navalnyy"
St Petersburg
31/01/2021
article 20.2 § 2 of CAO
fine of RUB 10,000
St Petersburg City Court
31/08/2021
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 the trial the police officers on whose written statements the applicant’s conviction was based,
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 - escorting to and detention at the police station after compiling an offence report from 3.10 p.m. on 31/01/2021 until 04.30 a.m. on 01/02/2021.
46008/22
09/09/2022
Grigoriy Andreyevich MOYKIN
2000
Vera Borisovna Mangileva
Yekaterinburg
Anti-war protest (against war in Ukraine)
Yekaterinburg
06/03/2022
article 20.2 § 5 of CAO
30 hours of community service
Sverdlovsk Regional Court
15/06/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for 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.
46302/22
03/09/2022
Anastasiya Olegovna KHLYUBTSEVA
1992
Mikhail Germanovich Shiolashvili
St Petersburg
Anti-war protest (against war in Ukraine)
St Petersburg
27/02/2022
article 20.2 § 2 of CAO
fine of RUB 10,000
St Petersburg City Court
05/05/2022
Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 27/02/2022 for 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,
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.
46328/22
03/09/2022
Leonid Vladimirovich NIKOLAYEV
1972
Mikhail Germanovich Shiolashvili
St Petersburg
Anti-war protest (against war in Ukraine)
St Petersburg
24/02/2022
article 20.2 § 2 of CAO
fine of RUB 10,000
St Petersburg City Court
17/05/2022
Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 24/02/2022 for 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,
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.
46501/22*
07/09/2022
Aleksey Vladimirovich RUDAKOV
1994
Natalya Pavlovna Yermilova
Yekaterinburg
Anti-war protest (against war in Ukraine)
Yekaterinburg
06/03/2022
article 20.2 § 5 of CAO
32 hours of community work
Sverdlovsk Regional Court
27/07/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for 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,
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.
47023/22
14/09/2022
Tatyana Yuryevna KONDRATYEVA
2000
Natalya Pavlovna Yermilova
Yekaterinburg
Anti-war protest (against war in Ukraine)
Yekaterinburg
24/02/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Sverdlovsk Regional Court
20/07/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 24/02/2022 for 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.
47136/22
15/09/2022
Valeriya Andreyevna KAN
1993
Sergey Aleksandrovich Valiulin
Vladivostok
Anti-war protest (against war in Ukraine)
Vladivostok
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Primorye Regional Court
16/05/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
47989/22
19/09/2022
Anastasiya Aleksandrovna KUZNETSOVA
1991
Yevgeniy Vyacheslavovich Antokhin
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 15,000
Moscow City Court
31/05/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 3 p.m. on 31/01/2021 until 10 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) - 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.
49312/22*
04/10/2022
Sofya Dmitriyevna SUKHANOVA
2003
Olga Vladimirovna Sirinova
St Petersburg
Anti-war protest (against war in Ukraine)
St Petersburg
02/03/2022
article 20.2 § 6.1 of CAO
fine of RUB 10,000
St Petersburg City Court
07/07/2022
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,
Art. 5 (1) - unlawful detention - escorting to the police station on 02/03/2022 for compiling an offence report.
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