Published on 5 February 2024
SECOND SECTION
Application no. 1445/21
Aleksey Alekseyevich NOSOV against Russia
and 18 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 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 / criminal offence
Penalty
Final domestic decision
Court Name
Date
Other complaints under well-established case-law
1445/21*
08/12/2020
Aleksey Alekseyevich NOSOV
1977
Event to mark the 150th anniversary of the birth of V. Lenin
Tula
22/04/2020
article 20.6.1 § 1 of CAO
fine of RUB 25,000
Tula Regional Court
08/06/2020
Art. 5 (1) – unlawful detention - arrest, escorting to a police station, detention on 22/04/2020 for the sole purpose of drawing up an offence record,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
45804/21
03/09/2021
Aleksandr Mikhaylovich IVANOV
1999
Mariya Sergeyevna Zyryanova
St Petersburg
Rally in support of A. Navalnyy
St Petersburg
31/01/2021
article 20.2.2. § 1 of CAO
administrative detention for 8 days
St Petersburg City Court
04/03/2021
Art. 5 (1) - unlawful detention – arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial, after the offence record had been compiled,
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
51792/21
30/09/2021
Aleksandra Anatolyevna NOVIKOVA
1985
Ernest Aleksandrovich Mezak
Saint-Barthélemy-d’Anjou
Rally in support of A. Navalnyy
Petropavlovsk- Kamchatskiy
23/01/2021
article 20.6.1 § 1 of CAO
fine of RUB 1,000
Kamchatka Regional Court
31/03/2021
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) - 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
59473/21
02/12/2021
Artem Aleksandrovich IVANOV
1995
Maksim Ivanovich Kamakin
St Petersburg
Rally in support of A. Navalnyy
St Petersburg
31/01/2021
article 20.2.2. § 1 of CAO
fine of RUB 13,000
St Petersburg City Court
08/06/2021
Art. 5 (1) - unlawful detention- arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial, after the offence record had been compiled,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
60878/21
03/12/2021
Darya Aleksandrovna DENISOVA
1992
Maksim Ivanovich Kamakin
St Petersburg
Rally in support of A. Navalnyy
St Petersburg
31/01/2021
article 20.2.2. § 1 of CAO
fine of RUB 13,000
St Petersburg City Court
08/06/2021
Art. 5 (1) - unlawful detention- arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial, after the offence record had been compiled,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
2282/22*
06/12/2021
Stepan Stepanovich FILIPPOV
1960
Aleksey Vladimirovich Glukhov
Novocheboksarsk
Rally in support of A. Navalnyy
Cheboksary
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Chuvashia Republic
17/08/2021
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 - second set of proceedings,
Art. 10 (1) - disproportionate measures against solo demonstrators - Cheboksary, 05/08/2020, solo demonstration against the refusal to register the applicant as candidate for local elections - conviction under article 20.2-1 of CAO, fine of RUB 10,000, final judgment of 26/08/2021 by the Supreme Court of the Republic of Chuvashia
2453/22*
20/12/2021
Viktor Vladimirovich SHALYAKIN
1959
Konstantin Aleksandrovich Markin
Velikiy Novgorod
Congress of municipal
deputies
Novgorod
22/05/2021
article 20.6.1 § 1 of the CAO
and
article 19.3 § 1 of CAO
fine of RUB 3,000
and
fine of RUB 3,000
Novgorod Regional Court
24/06/2021
and
Novgorod Regional Court
24/06/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 22/05/2021 and 24/05/2021 as administrative suspect, pending trial, after the offence record had been 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 open court police officers on whose written statements the conviction was based, both sets of proceedings,
Art. 6 (1) - lack of impartiality of tribunal - case under art. 20.6.1 § 1 of the CAO adjudicated on appeal by the same judge as the case under art. 19.3 of the CAO, examination of the challenge for bias against the judge of the appeal instance the judge herself in breach of
the nemo judex in causa sua principle (Kolesnikova v. Russia, no. 45202/14, §§ 49-59, 2 March 2021)
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was prosecuted twice under Art. 19.3 § 1 of the CAO (fine of RUB 3,000) and Art. 20.6.1 § 1 of the CAO (fine of RUB 3,000) (final judgments for both sets of proceedings given by the Novgorod Regional Court on 24/06/2021) - partial overlap of the facts constituting the basis for the prosecution
5179/22
30/12/2021
Tatyana Vladimirovna SHUNKOVA
Natalya Andreyevna Balog
Krasnoyarsk
Rally in support of A. Navalnyy
Krasnoyarsk
23/01/2021
Rally in support of A. Navalnyy
Krasnoyarsk
31/01/2021
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
fine of RUB 10,000
fine of RUB 10,000
Krasnoyarsk Regional Court
15/07/2021
Krasnoyarsk Regional Court
01/07/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station on 31/01/2021 for the sole purpose of drawing up an offence record (such record only complied on 05/02/2021),
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 – both sets of proceedings
9491/22*
27/01/2022
Anna Fedorovna CHEREPANOVA
1973
Konstantin Aleksandrovich Markin
Velikiy Novgorod
Congress of municipal
deputies
Novgorod
22/05/2021
article 20.6.1 § 1 of CAO
fine of RUB 3,000
Novgorod Regional Court
30/07/2021
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 open court police officers on whose written statements the conviction was based
13915/22
08/02/2022
Stanislav Vasilyevich TANANUSHKO
1994
Varvara Dmitriyevna Mikhaylova
St Petersburg
Rally in support of A. Navalnyy
St Petersburg
31/01/2021
article 20.2.2 § 1 of CAO
administrative detention for 10 days
St Petersburg City Court
10/08/2021
Art. 5 (1) - unlawful detention – arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial and after the offence record had been compiled,
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 officer on whose written statements the applicant’s conviction was based
35392/22*
08/07/2022
Yuliya Vadimovna ZABOLOTSKIKH
2001
Rally in support of A. Navalnyy
St Petersburg
21/04/2021
article 20.2.2 § 1 of CAO
By the judgment of the first- instance court of 22/04/2021 the applicant was convicted as charged and sentenced to
administrative detention of 8 days (served in full),
after one round of quashing and a fresh examination of the case, the proceedings were discontinued by the appeal court for the expiry of the prosecution period
St Petersburg City Court
13/03/2022
proceedings discontinued on account of the expiry of the prosecution period
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 21/04/2021 and 22/04/2021 as administrative suspect, pending trial and after the offence record had been compiled,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 22/04/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
36811/22
14/07/2022
Karina Romanovna KIM
2002
Sergey Aleksandrovich Loktev
St Petersburg
Anti-war rally
St Petersburg
25/02/2022
Anti-war rally
St Petersburg
28/02/2022
article 20.2.2. § 1 of CAO
article 20.2.2. § 1 of CAO
fine of RUB 20,000
fine of RUB 10,000
St Petersburg City Court
26/04/2022
St Petersburg City Court
12/04/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record
(i) between 25/02/2022 and 26/02/2022 as administrative suspect, pending trial and after the offence record was compiled, and
(ii) between 28/02/2022 and 01/03/2022 as administrative suspect, pending trial and 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
38779/22
28/07/2022
Aleksandra Yuryevna SKOCHILENKO
1990
Varvara Dmitriyevna Mikhaylova
St Petersburg
Anti-war rally
St Petersburg
03/03/2022
article 20.2.2. § 1 of CAO
administrative fine of RUB 10,000
Saint-Petersburg City Court
12/04/2022
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 03/03/2022 and 04/03/2022 as administrative suspect, pending trial and after the offence record had been drawn up,
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
44417/22
19/08/2022
Oleg Sergeyevich KADNIKOV
1991
Nikifor Yuryevich Ivanov
St Petersburg
Anti-war protest
St Petersburg
06/03/2022
article 20.2.2. § 1 of CAO
administrative detention of 3 days
St Petersburg City Court
19/04/2022
Art. 5 (1) - unlawful detention – arrest, escorting to a police station, detention between 06/03/2022 and 07/03/2022 as administrative suspect, pending trial and after the record of the offence had been compiled,
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
46151/22
15/09/2022
Daniil Vladislavovich BAYGOZIN
1992
Varvara Dmitriyevna Mikhaylova
St Petersburg
Anti-war protest
St Petersburg
27/02/2022
article 20.2.2. § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
17/05/2022
Art. 5 (1) - unlawful detention- arrest, escorting to a police station detention between 27/02/2022 and 28/02/2022 as administrative suspect, pending trial and after the record of the offence had been compiled,
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
46909/22*
09/09/2022
Yekaterina Igorevna BRAZHNIK
2001
Sergey Viktorovich Podolskiy
St Petersburg
Anti-war protest
St Petersburg
06/03/2022
article 20.2.2. § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
19/05/2022
Art. 5 (1) - unlawful detention – arrest, escorting to and detention at the police station on 06/03/2022 for the sole purpose of drawing up an offence record,
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
47345/22*
14/09/2022
Daniil Sergeyevich GRACHEV
1993
Yekaterina Viktorovna Gerasimova
St Petersburg
Anti-war rally
St Petersburg
02/03/2022
article 20.2.2. § 1 of CAO
fine of RUB 15,000
St Petersburg City Court
31/05/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station on 02/03/2022 for compiling an offence record,
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
50650/22*
14/09/2022
Aleksandra Vladimirovna GOLUBEVA
1992
Ruslan Vladimirovich Sozonov
Nizhniy Novgorod
Anti-war protest
St Petersburg
27/02/2022
article 20.2.2. § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
17/05/2022
Art. 5 (1) - unlawful detention – arrest, escorting to and detention at the police station between 27/02/2022 and 28/02/2022 as administrative suspect, pending trial and after the record of the offence had been compiled,
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
9562/23*
01/02/2023
Darya Olegovna SIDOROVA
1998
Olesya Anatolyevna Vasilchenko
Minyar
Anti-war rally
St Petersburg
06/03/2022
article 20.2.2. § 1 of CAO
fine of RUB 12,000
St Petersburg City Court
04/10/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station between 06/03/2022 and 07/03/2022 as administrative suspect, pending trial, after the offence record had been compiled