Published on 30 October 2023
THIRD SECTION
Application no. 71114/17
Nikita Yevgenyevich OLSHANOV against Russia
and 29 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 / criminal charges
Penalty
Final domestic decision
Court Name
Date
Other complaints under well-established case-law
71114/17*
18/09/2017
Nikita Yevgenyevich OLSHANOV
1994
Aleksandr Vasilyevich Popkov
Sochi
Anticorruption rally
Krasnodar
26/03/2017
article 19.3 § 1 of CAO
10 days of detention
Krasnodar Regional Court
06/04/2017
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 - the right to examine police officers whose pre-trial statements or reports were used for convicting the applicant
8682/18*
26/01/2018
Ulyana Nikolayevna TIMOFEYEVA
1989
Anticorruption rally
St Petersburg
12/06/2017
article 20.2 § 5 of CAO
fine of RUB 5,000
St Petersburg City Court
27/07/2017
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
20978/18
15/04/2018
Ilya Vladislavovich CHUMAKOV
1998
Yevgeniya Yuryevna Kulakova
St Petersburg
Rally to support A. Navalnyy
St Petersburg
08/10/2017
article 19.3 § 1 of CAO
article 20.2 § 5 of CAO
10 days of detention
fine of RUB 10,000
St Petersburg City Court
16/10/2017
St Petersburg City Court
26/10/2017
Art. 5 (1) - unlawful detention - on 08-09/10/2017 escorting to and detention in a police station for and after compiling offence reports;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in two sets of administrative-offence proceedings;
Art. 6 (1) and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - right to examine police officers whose pre-trial statements or reports were used for convicting the applicant;
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - Final decisions - 16/10/2017 and 26/10/2017, St Petersburg City Court; Art. 19.3 § 1 CAO and Art. 20.2 § 5 CAO; overlap of the facts constituting the basis for the applicant’s prosecution and punishment in the second set of proceedings with substantially the same facts underlying his conviction in the first set of proceedings
21703/18*
24/04/2018
Igor Sergeyevich SHTIN
1997
Rally to support A. Navalnyy
Yekaterinburg
07/10/2017
article 20.2 § 5 of CAO
20 hours of community work
Sverdlovsk Regional Court
17/01/2018
Art. 6 (1) and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - the right to examine police officers whose pre-trial statements or reports were used for convicting the applicant and lack of free legal assistance
59651/18*
06/12/2018
Yevgeniy Gennadyevich ALEKSANDROV
1995
Aleksey Vladimirovich Glukhov
Novocheboksarsk
Opposition rally
Cheboksary
05/05/2018
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
fine of RUB 20,000
30 hours of community work
Supreme Court of the Chuvashia Republic
07/06/2018
Supreme Court of the Chuvashia Republic
07/06/2018
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in two sets of administrative-offence proceedings;
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - Final decisions in both sets of the proceedings - 07/06/2018, Supreme Court of the Chuvashia Republic; Art. 20.2 § 5 CAO and Art. 20.2 § 5 CAO; overlap of the facts constituting the basis for the applicant’s prosecution and punishment in the second set of proceedings with substantially the same facts underlying his conviction in the first set of proceedings concerning the same "hybrid" rally
59663/18*
06/12/2018
Igor Vladimirovich SHARKOV
1992
Aleksey Vladimirovich Glukhov
Novocheboksarsk
Opposition rally
Cheboksary
05/05/2018
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
20 hours of community work
30 hours of community work
Supreme Court of the Chuvashia Republic
07/06/2018
Supreme Court of the Chuvashia Republic
07/06/2018
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the two sets of administrative-offence proceedings;
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - Final decisions in both set of proceedings - 07/06/2017, Supreme Court of the Chuvashia Republic; Art. 20.2 § 5 CAO and Art. 20.2 § 5 CAO; overlap of the facts constituting the basis for the applicant’s prosecution and punishment in the second set of proceedings with substantially the same facts underlying his conviction in the first set of proceedings concerning the same "hybrid" rally
484/19*
11/12/2018
Maksim Ilyich PYATAKOV
1999
Igor Nikolayevich Sholokhov
Kazan
Rally against the pension reform
Kazan
09/09/2018
article 20.2 § 2 of CAO
4 days of detention
Supreme Court of Tatarstan Republic
14/09/2018
Art. 5 (1) - unlawful detention - on 09-11/09/2018 escorting to and detention in a police station 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;
Prot. 7 Art. 2 - Right of appeal against criminal conviction/sentence - immediate execution of the sentence of detention; an appeal against conviction had no suspensive effect
493/19*
11/12/2018
Nikolay Aleksandrovich POTAPOV
1996
Igor Nikolayevich Sholokhov
Kazan
Rally against the pension reform
Kazan
09/09/2018
article 20.2 § 2 of CAO
4 days of detention
Supreme Court of the Tatarstan Republic
18/09/2018
Art. 5 (1) - unlawful detention - on 09-10/09/2018 escorting to and detention in a police station for and after 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;
Prot. 7 Art. 2 - Right of appeal against criminal conviction/sentence - immediate execution of the sentence of detention; an appeal against conviction had no suspensive effect
497/19*
11/12/2018
Dmitriy Vyacheslavovich KAMNEV
1991
Igor Nikolayevich Sholokhov
Kazan
Rally against the pension reform
Kazan
09/09/2018
article 20.2 § 2 of CAO
4 days of detention
Supreme Court of the Tatarstan Republic
18/09/2018
Art. 5 (1) - unlawful detention - on 09-10/09/2018 escorting to and detention in a police station for and after 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;
Prot. 7 Art. 2 - Right of appeal against criminal conviction/sentence - immediate execution of the sentence of detention; an appeal against conviction had no suspensive effect
501/19*
11/12/2018
Igor Vasilyevich BASHKIN
1997
Igor Nikolayevich Sholokhov
Kazan
Rally against the pension reform
Kazan
09/09/2018
article 20.2 § 2 of CAO
4 days of detention
Supreme Court of the Tatarstan Republic
18/09/2018
Art. 5 (1) - unlawful detention - on 09-10/09/2018 escorting to and detention in a police station for and after 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;
Prot. 7 Art. 2 - Right of appeal against criminal conviction/sentence - immediate execution of the sentence of detention; an appeal against conviction had no suspensive effect
509/19*
11/12/2018
Roman Anatolyevich YAKOVLEV
1995
Igor Nikolayevich Sholokhov
Kazan
Rally against the pension reform
Kazan
09/09/2018
article 20.2 § 2 of CAO
4 days of detention
Supreme Court of the Tatarstan Republic
18/09/2018
Art. 5 (1) - unlawful detention - on 09-10/09/2018 escorting to and detention in a police station for and after 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;
Prot. 7 Art. 2 - Right of appeal against criminal conviction/sentence - immediate execution of the sentence of detention; an appeal against conviction had no suspensive effect
3311/19*
19/12/2018
Denis Valeryevich MOLEYKIN
1989
Igor Nikolayevich Sholokhov
Kazan
Rally against the pension reform
Kazan
09/09/2018
article 20.2 § 2 of CAO
fine of RUB 20,000
Supreme Court of the Tatarstan Republic
21/11/2018
Art. 5 (1) - unlawful detention - on 09-10/09/2018 escorting to and detention in a police station for and after 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
3322/19*
19/12/2018
Pavel Nikolayevich PROSKURYAKOV
1999
Igor Nikolayevich Sholokhov
Kazan
Rally against the pension reform
Kazan
09/09/2018
article 20.2 § 2 of CAO
4 days of detention
Supreme Court of the Tatarstan Republic
19/09/2018
Art. 5 (1) - unlawful detention - on 09-10/09/2018 escorting to and detention in a police station for and after 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;
Prot. 7 Art. 2 - Right of appeal against criminal conviction/sentence - immediate execution of the sentence of detention; an appeal against conviction had no suspensive effect
3325/19*
19/12/2018
Oleg Fedorovich ANKUDINOV
1979
Igor Nikolayevich Sholokhov
Kazan
Rally against the pension reform
Kazan
09/09/2018
article 20.2 § 2 of CAO
4 days of detention
Supreme Court of the Tatarstan Republic
18/09/2018
Art. 5 (1) - unlawful detention - on 09-10/09/2018 escorting to and detention in a police station for and after 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;
Prot. 7 Art. 2 - Right of appeal against criminal conviction/sentence - immediate execution of the sentence of detention; an appeal against conviction had no suspensive effect
3327/19*
19/12/2018
Ruslan Damirovich ISKHAKOV
1985
Igor Nikolayevich Sholokhov
Kazan
Rally against the pension reform
Kazan
09/09/2018
article 20.2 § 2 of CAO
4 days of detention
Supreme Court of the Tatarstan Republic
27/09/2018
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 - immediate execution of the sentence of detention; an appeal against conviction had no suspensive effect
3328/19*
19/12/2018
Renat Fatykhovich SALIMOV
1980
Igor Nikolayevich Sholokhov
Kazan
Rally against the pension reform
Kazan
09/09/2018
article 20.2 § 2 of CAO
4 days of detention
Supreme Court of the Tatarstan Republic
12/09/2018
Art. 5 (1) - unlawful detention - on 09-10/09/2018 escorting to and detention in a police station for and after 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;
Prot. 7 Art. 2 - Right of appeal against criminal conviction/sentence - immediate execution of the sentence of administrative detention; an appeal against it had no suspensive effect
3331/19*
19/12/2018
Ilnaz Ilyasovich ZIGANSHIN
1996
Igor Nikolayevich Sholokhov
Kazan
Rally against the pension reform
Kazan
09/09/2018
Rally to support A. Navalnyy
Kazan
23/01/2021
article 20.2 § 2 of CAO
article 20.2 § 5 of CAO
4 days of detention
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
14/09/2018
Supreme Court of the Tatarstan Republic
31/03/2021
Art. 5 (1) - unlawful detention - on 09-10/09/2018 and 23-24/01/2021 escorting to and detention in a police station for and after compiling offence reports;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in the 2018 case;
Art. 6 (1) and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - the right to examine police officers whose pre-trial statements or reports were used for convicting the applicant in the 2021 case;
Prot. 7 Art. 2 - Right of appeal against criminal conviction/sentence - immediate execution of the sentence of detention in 2018; an appeal against it had no suspensive effect
3836/19
08/01/2019
Yuliya Vladimirovna USPENSKAYA
1981
Nikolay Sergeyevich Zboroshenko
Mytishchi
Anticorruption rally
Moscow
12/06/2017
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
20/08/2018
Art. 5 (1) - unlawful detention - on 12/06/2017 escorting to a police station 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 - right to examine police officers whose pre-trial statements or reports were used for convicting the applicant
6176/19*
17/01/2019
Anastasiya Alekseyevna ORLOVA
1991
Aleksandr Dmitriyevich Peredruk
St Petersburg
Rally against the pension reform
St Petersburg
09/09/2018
article 20.2 § 6.1 of CAO
5 days of detention
St Petersburg City Court
12/09/2018
Art. 5 (1) - unlawful detention - on 09/09/2018 escorting to a police station 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 - right to examine police officers whose pre-trial statements or reports were used for convicting the applicant;
Prot. 7 Art. 2 - Right of appeal against criminal conviction/sentence - immediate execution of the sentence of administrative detention; an appeal against it had no suspensive effect
6635/19*
21/01/2019
Viktor Anatolyevich SHALAYEV
1983
Ivan Yuryevich Zhdanov
Vilnius
Anticorruption rally
Vladimir
05/05/2018
article 20.2 § 5 of CAO
fine of RUB 10,000
Vladimir Regional Court
04/09/2018
6733/19*
21/01/2019
Aleksey Vladimirovich VOLKOV-DUBROVIN
1967
Ivan Yuryevich Zhdanov
Vilnius
Opposition rally
Moscow
05/05/2018
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
16/08/2018
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 - the right to examine police officers whose pre-trial statements or reports were used for convicting the applicant
6780/19*
21/01/2019
Olga Vyacheslavovna OSIKINA
1992
Ivan Yuryevich Zhdanov
Vilnius
Opposition rally
St Petersburg
05/05/2018
article 20.2 § 5 of CAO
fine of RUB 10,000
St Petersburg City Court
24/07/2018
7593/19*
24/01/2019
Boris Andreyevich YUDIN
1993
Igor Nikolayevich Sholokhov
Kazan
Rally against the pension reform
Kazan
09/09/2018
article 20.2 § 2 of CAO
4 days of detention
Supreme Court of the Tatarstan Republic
18/09/2018
Art. 5 (1) - unlawful detention - on 09-10/09/2018 escorting to and detention in a police station for and after 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;
Prot. 7 Art. 2 - Right of appeal against criminal conviction/sentence - immediate execution of the sentence of administrative detention; an appeal against it had no suspensive effect
7595/19*
14/01/2019
Bulat Rustemovich KHAYRULLIN
1997
Igor Nikolayevich Sholokhov
Kazan
Rally against the pension reform
Kazan
09/09/2018
article 20.2 § 2 of CAO
4 days of detention
Supreme Court of the Tatarstan Republic
18/09/2018
Art. 5 (1) - unlawful detention - on 09-10/09/2018 escorting to and detention in a police station for and after 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;
Prot. 7 Art. 2 - Right of appeal against criminal conviction/sentence - immediate execution of sentence of administrative detention; an appeal against it had no suspensive effect
33052/19*
11/06/2019
Vasil Andreyevich TARASOV
1998
Igor Nikolayevich Sholokhov
Kazan
Rally against the pension reform
Kazan
18/11/2018
article 20.2 § 2 of CAO
fine of RUB 20,000
Supreme Court of the Tatarstan Republic
30/01/2019
Art. 5 (1) - unlawful detention –
(i) on 30/12/2018-01/01/2019 escorting to and detention in a police station for and after compiling and then recompiling an offence report in relation to the rally on 18/11/2018;
(ii) on 29/01/2019 escorting to a police station for compiling an offence report in relation to the events on 12/12/2018 (see below);
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in relation to the rally on 18/11/2018;
Art. 10 (1) - various restrictions on the right to freedom of expression - the applicant was arrested after posting on 12/12/2018 a banner "Putin is a thief" on the tram bridge in Naberezhnye Chelny; in separate proceedings the courts refused compensation for non-pecuniary damage (final decision on 26/04/2021, Supreme Court of Russia)
59567/19*
13/11/2019
Nikolay Alekseyevich KASYAN
1998
Natalya Yuryevna Morozova
Moscow
Rally against the pension reform
Moscow
09/09/2018
Rally to support A. Navalnyy
Moscow
23/01/2021
article 20.2 § 2 of CAO
article 20.2 § 2 of CAO
fine of RUB 20,000
5 days of detention
Moscow City Court
14/05/2019
Moscow City Court
18/02/2021
Art. 5 (1) - unlawful detention –
(i) on 08/09/2018 escorting to a police station for compiling an offence report in relation to the rally on 09/09/2018;
(ii) on 31/01/2021-01/02/2021 escorting to and detention in a police station for and after compiling an offence report in relation to the rally 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 - in the 2021 case;
Art. 6 (1) and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - the right to examine police officers whose pre-trial statements or reports were used for convicting the applicant in the 2021 case;
Art. 10 (1) - conviction for making calls to participate in public events - in relation to the rallies on 09/09/2018 and 23/01/2021
31149/20*
15/06/2020
Sergey Yuryevich SHOKAREV
1972
Ernest Aleksandrovich Mezak
Saint-Barthélemy-d’Anjou
Rally for fair elections to Mosgorduma
Moscow
27/07/2019
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Moscow City Court
10/10/2019
Art. 5 (1) - unlawful detention - on 27-29/07/2019 escorting to and detention in a police station for and after compiling an offence report
40678/21
25/07/2021
Denis Aleksandrovich MIKHAYLOV
1996
Varvara Dmitriyevna Mikhaylova
St Petersburg
Rally to support A. Navalnyy
St Petersburg
31/01/2021
article 20.2.2 § 1 of CAO
7 days of detention
St Petersburg City Court
21/04/2021
Art. 5 (1) - unlawful detention - on 19/04/2021 escorting to a police station for compiling an offence report in relation to the rally 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 - right to examine police officers whose pre-trial statements or reports were used for convicting the applicant;
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - immediate execution of the sentence of administrative detention; an appeal against it had no suspensive effect
1792/22*
22/11/2021
Pavel Vladimirovich CHERNYKH
1986
Konstantin Aleksandrovich Markin
Velikiy Novgorod
Rally to support A. Navalnyy
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
10 days of detention
Moscow City Court
23/06/2021
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 - in particular, the right to examine police officers whose pre-trial statements or reports were used for convicting the applicant;
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - immediate execution of the sentence of administrative detention; an appeal against it had no suspensive effect
3891/22*
27/12/2021
Valeriy Antonovich BADMAYEV
Rally of Chuulhn (Congress of Oirat-Kalmyk people)
Elista
29/05/2021
article 20.2 § 8 of CAO
40 hours of community work
Supreme Court of the Kalmykia Republic
02/07/2021
Full & Egal Universal Law Academy