ORLOVSKIY AND SANGORSKIY v. RUSSIA and 16 other applications

No.

Application no.

Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Penalty

Date of final domestic decision

Name of court

Other complaints under

well-established case-law

74186/17*

02/09/2017

Konstantin Aleksandrovich ORLOVSKIY

1990

Dmitriy Sergeyevich SANGORSKIY

1971

Nikolay Sergeyevich Zboroshenko

Mytishchi

10 days of detention

10 days of detention

04/04/2017

Moscow City Court (Orlovskiy)

31/03/2017

Moscow City Court (Sangorskiy)

Art. 5 (1) - unlawful detention - on 26-28/03/2017 escorting to and detention in a police station and after compiling offence reports (both applicants);

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 each applicant;

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - the applicants were arrested and sentenced to 10-days’ detention in relation to participation in a protest rally on 26/03/2017.

79077/17*

10/11/2017

Ilya Valeryevich YASHIN

1983 

Olga Olegovna Mikhaylova

Moscow

fine of RUB 20,000

 10 days of detention

20/04/2021

Moscow City Court

20/04/2021

Moscow City Court

Art. 5 (1) - unlawful detention - on 12-13/06/2017, 14/07/2019, 27/07/2019, again on 27-29/07/2019, 18-20/08/2019, 28-29/08/2019, 31/01/2021 and 01/02/2021 escorting to and detention in a police station for and after compiling offence reports;

Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses in the 2019 and 2021 cases (see below);

Art. 10 (1) - conviction for making calls to participate in public events - the applicant was arrested (see above) and sentenced, in separate sets of proceedings, to terms of 10-day detention:

(i) in relation to forthcoming protest rallies on 14/07/2019 and 15/07/2019 (final decisions respectively on 23/08/2019 and 09/08/2019 by the Moscow City Court); for calling for assemblies on 18-19/07/2019 (final decision on 27/08/2019 by the Moscow City Court),

(ii) in relation to calling others, each time through a post on his social-networking account on 23/07/2019 and 29/07/2019, to participate in forthcoming protest rallies on 27/07/2019 and 03/08/2019 respectively (final decisions respectively on 06/08/2019 and 03/09/2019 by the Moscow City Court);

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies –

(i) the applicant was arrested and sentenced to 15-day detention in relation to failure to comply with a police order to cease participation in a non-notified protest rally on 12/06/2017 (final decision on 16/06/2017 by Moscow City Court),

(ii) the applicant was arrested and sentenced to a fine of RUB 20,000 for his participation in the protest rally on 31/01/2021 (final decision on 20/04/2021 by the Moscow City Court);

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - immediate execution of one sentence of detention in 2021 (final decision on 20/04/2021 by the Moscow City Court); appeal against conviction had no suspensive effect.

38393/18*

30/07/2018

Liliya Ayratovna CHANYSHEVA

1982 

Ivan Yuryevich Zhdanov

Vilnius

4 days of detention

5 days of detention

10 days of detention

30/01/2018 Supreme Court of the Bashkortostan Republic

08/02/2021 Supreme Court of the Bashkortostan Republic

15/02/2021 Supreme Court of the Bashkortostan Republic

Art. 5 (1) - unlawful detention - on 23-24/01/2021 and 31/01/2021-01/02/2021 escorting to and detention in a police station for and after compiling offence reports;

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 in two cases (final decisions on 08/02/2021 and 15/02/2021 by the Supreme Court of the Bashkortostan Republic);

Art. 10 (1) - conviction for making calls to participate in public events:

(i) the applicant was sentenced to 4-day detention for posting one message on social media in relation to a protest rally on 28/01/2018 (final decision on 30/01/2018 by the Supreme Court of the Bashkortostan Republic),

(ii) the applicant was arrested and sentenced to 10-day detention for campaigning for a forthcoming rally against the pension reform on 09/09/2018, by way of distributing leaflets relating to it (final decision on 13/09/2018 by the same court),

(iii) in relation to a rally to support A. Navalnyy held on 23/01/2021:

- the applicant was arrested and sentenced to 5-day detention for calls to participate in that forthcoming rally (final decision on 08/02/2021 by the same court),

- in two sets of civil proceedings, with reference to the above conviction, the applicant was ordered to pay (jointly with two others) EUR 6,000 and EUR 4,270 to the regional and town police departments for overtime pay to police officers in relation to the rally on 23/01/2021 (the damages awards became final and enforceable (due to be paid) following the appeal decisions taken in the above cases on 31/03/2022 and 22/02/2022);

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - the applicant was arrested at the protest rally on 31/01/2021 and sentenced to 10-day detention for organising and running that rally (final decision on 15/02/2021 by the Supreme Court of the Bashkortostan Republic);

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - immediate execution of the sentences of administrative detention in 2021; an appeal against conviction had no suspensive effect.

38479/18*

03/08/2018

Ruslan Tabrizovich SHAVEDDINOV

1996 

Vyacheslav Ilyich Gimadi

Vilnius

8 days of detention

30 days of detention

02/02/2018

Moscow City Court

31/05/2018

 Moscow City Court

Art. 5 (1) - unlawful detention – on 21/05/2018 escorting to a police station for compiling an offence report;

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 statement or reports were used for convicting the applicant in both cases;

Art. 10 (1) - conviction for making calls to participate in public events - in relation to forthcoming protest rallies on 28/01/2018 and 05/05/2018 (final decisions on 02/02/2018 and 31/05/2018 by the Moscow City Court).

41518/18*

12/08/2018

Sergey Anatolyevich UKHOV

1985 

Ernest Aleksandrovich Mezak

Saint-Barthélemy-d’Anjou

15 days of detention

 5 days of detention

17/09/2018

Perm Regional Court

26/01/2021

Perm Regional Court

Art. 5 (1) - unlawful detention –

(i) on 08-10/09/2018 escorting to and detention in a police station for and after compiling an offence report,

(ii) on 23/01/2021 escorting to a police station for compiling an offence report;

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 in two sets of proceedings (final decisions on 17/09/2018 and 26/01/2021 by the Perm Regional Court);

Art. 10 (1) - conviction for making calls to participate in public events – on 21/01/2021 the applicant posted a video on a social-networking platform in relation to a forthcoming rally to support A. Navalnyy on 23/01/2021; the applicant was arrested and sentenced to 5-day detention (final decision on 26/01/2021 by the Perm Regional Court);

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - the applicant was sentenced to 30 hours of community work in relation to participation in a meeting with A. Navalnyy on 24/11/2017 (final decision on 12/02/2018 by the Perm Regional Court);

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - immediate execution of the sentences of detention (final decisions on 17/09/2018 and 26/01/2021 by the Perm Regional Court); an appeal against conviction had no suspensive effect.

43206/18*

24/08/2018

Aleksandr Yuryevich URUSOV

1989 

Aleksey Vladimirovich Glukhov

Novocheboksarsk

3 days of detention

27/02/2018 Supreme Court of the Chuvashia Republic

Art. 10 (1) - restriction on freedom of expression for displaying a totalitarian symbol - the applicant was sentenced to 3-day detention for having images with the swastika (such as a cartoon-type pony with that symbol) on his social-networking account (RID Novaya Gazeta and ZAO Novaya Gazeta v. Russia, no. 44561/11, 11 May 2021, and Karatayev v. Russia [Committee], no. 56109/07, 13 July 2021);

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - immediate execution of the sentence of detention; appeal against conviction had no suspensive effect.

38510/19*

03/07/2019

Kirill Vladimirovich YAROSLAVTSEV

1996 

Nikita Sergeyevich Tomilov

Berlin

3 days of detention

23/05/2019, Sverdlovsk Regional Court

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - the applicant was arrested and sentenced to detention for minor hooliganism in connection with his participation in a protest rally on 14/05/2019 against a church construction project (final decision on 23/05/2019 by the Sverdlovsk Regional Court).

51469/19*

23/09/2019

Vladimir Stanislavovich MILOV

1972 

Aleksandr Dmitriyevich Peredruk

St Petersburg

15 days of detention

30 days of detention

31/07/2019

Moscow City Court

31/07/2019

Moscow City Court

Art. 5 (1) - unlawful detention - on 27-29/07/2019 escorting to and detention in a police station for compiling offence reports;

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 in two cases in 2019 (final decisions on 31/07/2019 by Moscow City Court);

Art. 10 (1) - various restrictions on the right to freedom of expression:

(i) on 25/07/2019 the applicant ran a webcast; he was sentenced to 30-day detention for calling others, during that webcast, to participate in a rally for fair elections to Mosgorduma on 27/07/2019 (Art. 20.2 of CAO; final decision on 31/07/2019 by Moscow City Court),

(ii) on 27/07/2019 the applicant was running a webcast at Navalnyy.Live Youtube channel during that rally; the broadcast was terminated, he was arrested and sentenced to 15-day detention for failure to comply with an order to admit the police to the premises (Art. 19.3 of CAO; final decision on 31/07/2019 by Moscow City Court),

(iii) relying on the above judgment under Art. 20.2 of CAO (and similar judgments against other people, see appl. no. 6836/20), in separate sets of civil proceedings the applicant was ordered to pay jointly with several others:

- EUR 48,700 to the Moscow public enterprise "Automobile roads" for providing the police with trucks for blocking passage on roads (final decision on 30 October 2020 by the Supreme Court of Russia),

- EUR 17,270 to the Moscow city enterprise "Mosgortrans" on account of lost profits relating to disruption of road traffic on 27/07/2019 (final decision on 04/12/2020 by the Supreme Court of Russia),

- EUR 770 to the Moscow city enterprise "Moscow metro" on account of their decision to reinforce the on-duty personnel presence on that day (final decision on 27/11/2020 by the Supreme Court of Russia),

(iv) the applicant was also ordered to pay jointly with several others:

- EUR 37,380 to the Moscow police department for overtime-work pay to police officers and diesel for police vehicles (final decision on 16/08/2021 by the Supreme Court of Russia) and EUR 15,890 for similar expenses for members of the National Guard (final decision on 19/05/2021 by the Supreme Court of Russia);

- EUR 2,650 to a private catering company for lost profits because of the rally on 27/07/2019 (final decision on 08/07/2021 by the Supreme Court of Russia),

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - as regards pecuniary liability imposed in the civil proceedings in 2021 (alternatively to the same complain communicated under Art. 10);

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - immediate execution of two sentences of detention in 2019 (final decisions on 31/07/2019 by the Moscow City Court); an appeal against conviction had no suspensive effect.

54669/19*

10/10/2019

Georgiy Valentinovich ALBUROV

1989

Lyubov Eduardovna SOBOL

1987

Vyacheslav Ilyich Gimadi

Vilnius

10 days of detention (Alburov)

07/08/2019

Moscow City Court

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 Alburov (final decision on 07/08/2019 by Moscow City Court);

Art. 10 (1) - conviction for making calls to participate in public events –

(i) the applicant Alburov was sentenced to 10-day detention in relation to the rally on 03/08/2019 (final decision on 07/08/2019 by the Moscow City Court; as to the applicant Sobol’s CAO conviction, see her related application no. 34584/20 processed separately),

(ii) with reference to their CAO convictions, the applicants were ordered to pay jointly:

- EUR 21,855 to the Moscow public enterprise "Automobile roads" on account of complying with the police order to provide them with trucks to block pedestrian passage, the presence of garbage and cost of dealing with damaged lawns and bushes on 03/08/2019 (final decision on 12/04/2021 by the Supreme Court of Russia),

- EUR 8,200 to the Moscow public enterprise "Mosgortrans" on account of lost profits caused by delays in public transportation on 03/08/2019 (final decision on 12/04/2021 by the Supreme Court of Russia),

- EUR 3,600 to the Moscow metro enterprise on account of overtime pay to its personnel on 03/08/2019 (final decision on 18/06/2021 by the Supreme Court of Russia);

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - on account of the applicant Alburov’s conviction in the above CAO case and on account of the above civil courts’ awards against both applicants (in alternative to the same complaints communicated under Art.10).

1808/20*

27/12/2019

Oleg Olegovich STEPANOV

1992 

Aleksandr Yevgenyevich Pomazuyev

Vilnius

8 days of detention

5 days of detention

20/08/2019

Moscow City Court

04/03/2021

 Moscow City Court

Art. 10 (1) - conviction for making calls to participate in public events –

(i) the applicant was arrested and sentenced to 8-day detention in relation to a forthcoming protest rally on 27/07/2019 (final decision on 20/08/2019 by the Moscow City Court),

(ii) the applicant was arrested and sentenced to 5-day detention in relation to a forthcoming protest rally on 23/01/2021 (final decision on 04/02/2021 by the Moscow City Court);

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - as above.

6836/20*

29/01/2020

Aleksey Anatolyevich NAVALNYY

1976

Georgiy Valentinovich ALBUROV

1989

Lyubov Eduardovna SOBOL

1987

Oleg Olegovich STEPANOV

1992

Ivan Yuryevich ZHDANOV

1988

Olga Olegovna Mikhaylova

Moscow

30 days of detention (Navalnyy)

30/07/2019

Moscow City Court

Art. 5 (1) - unlawful detention - on 24/07/2019 A. Navalnyy’s escorting to and detention in a police station for compiling an offence report and during the trial on that date;

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 Navalnyy (final decision on 30/07/2019 by the Moscow City Court);

Art. 10 (1) - conviction for making calls to participate in public events - the applicant Navalnyy was arrested on 24/07/2019 and sentenced to 30-day detention for calling others, during a rally on 20/07/2019 and on social media on the same day, to participate in another rally to be held on 27/07/2019 (final decision on 30/07/2019 by the Moscow City Court);

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies –

(i) on 24/07/2019 the applicant Navalnyy was arrested and sentenced to 30-day detention in relation to the forthcoming protest rally on 27/07/2019 (final decision on 30/07/2019 by the Moscow City Court); because of the immediate execution of that sentence, he was prevented from participating in that rally,

(ii) relying on the administrative convictions concerning the rally on 27/07/2019, in separate civil proceedings:

- applicants Navalnyy, Zhdanov, Stepanov and Sobol and four others were ordered to pay jointly EUR 48,700 to the Moscow enterprise "Automobile roads" on account of overtime/additional pay incurred on 27/07/2019 (final decision on 27/10/2020 by the Supreme Court of Russia),

- applicants Navalnyy, Zhdanov, Stepanov and Sobol and three others were ordered to pay jointly EUR 37,380 to the Moscow police department on account of overtime/additional pay incurred on 27/07/2019 (final decision on 08/10/2021 by the Supreme Court of Russia),

- applicants Navalnyy, Zhdanov, Stepanov and Sobol and four others were ordered to pay jointly EUR 17,270 to the Moscow enterprise "Mosgortrans" on account of overtime/additional pay incurred on 27/07/2019 (final decision on 04/12/2020 by the Supreme Court of Russia),

- applicants Navalnyy, Zhdanov and Stepanov and four others were ordered to pay jointly EUR 770 to the Moscow city enterprise "Moscow metro" on account of overtime/additional pay incurred on 27/07/2019 (final decision on 27/11/2020 by the Supreme Court of Russia),

(iii) in relation to the rally on 03/08/2019, applicants Sobol and Alburov were ordered to pay jointly EUR 52,315 to the Moscow police department on account of overtime/additional pay incurred in relation to that rally (final decision on 15/10/2021 by the Supreme Court of Russia).

17903/20*

30/03/2020

Olga Mikhaylovna BOYEVA

2000 

Aleksandr Yevgenyevich Pomazuyev

Vilnius

fine of RUB 20,000

26/11/2019

Moscow City Court

Art. 5 (1) - unlawful detention - on 03/08/2019 escorting to a police station for compiling an offence report;

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 were used for convicting the applicant;

Art. 10 (1) - measures in relation to media coverage of public assemblies - the applicant was present at a protest rally on 03/08/2019 as a freelance journalist for a local newspaper; she was arrested and sentenced to a fine of RUB 20,000 for participation in that rally.

30571/20*

03/07/2020

Grigoriy Sergeyevich MOROZOV

1998 

Aleksandra Nikolayevna Bayeva

Moscow

fine of RUB 15,000

02/10/2019

Moscow City Court

Art. 5 (1) - unlawful detention - on 27/07/2019 escorting to a police station for compiling an offence report;

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;

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - the applicant was arrested and sentenced to a fine of RUB 15,000 in relation to participation in a rally on 27/07/2019.

16354/21*

02/03/2021

Stanislav Yuryevich KALINICHENKO

1982

Yelizaveta Sergeyevna SLAVINSKAYA

2000

Aleksandr Yevgenyevich Pomazuyev

Moscow

7 days of detention (Kalinichenko)

29/01/2021 Kemerovo Regional Court

Art. 5 (1) - unlawful detention - on 23/01/2021 Kalinichenko’s escorting to a police station for compiling an offence report in relation to his calls, published on 19/01/2021 and identified by the police on 20/01/2021, to participate in a rally to support A. Navalnyy on 23/01/2021;

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 Kalinichenko (final decision on 29/01/2021 by Kemerovo Regional Court);

Art. 10 (1) - conviction for making calls to participate in public events –

(i) Kalinichenko was arrested on 23/01/2021 and sentenced to 7-day detention in relation to the rally to support A. Navalnyy on 23/01/2021 (final decision on 29/01/2021 by the Kemerovo Regional Court),

(ii) after the applicants had made posts on their personal pages on social networks with calls to participate in the rallies on 23/01/2021 and 31/01/2021 and after they had been convicted of administrative offences in relation to that first rally (see above as to the first applicant), in two sets of civil proceedings the applicants and several others were ordered to pay jointly:

- EUR 4,445 (and in addition, EUR 3,685 from Slavinskaya personally) and EUR 4,565 to the regional and town police departments for over-time pay to police officers and diesel expenses for their vehicles (appeal decisions on 15/02/2022 and 19/05/2022 respectively, following which the above awards were final and enforceable; last decisions on 20/09/2022 and 09/11/2022 by the Supreme Court of Russia),

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies –

(i) Kalinichenko was arrested during the rally to support A. Navalnyy on 23/01/2021 and sentenced to 7-day detention for calls to participate in that rally,

(ii) the applicants were ordered to pay the above awards to the regional and town police departments.

18647/21*

23/03/2021

Daniil Andreyevich MARKELOV

1992

Sergey Andreyevich BOYKO

1983

Kirill Sergeyevich LEVCHENKO

1982

Yelena Vladimirovna NOSKOVETS

1984

Vyacheslav Dmitriyevich YAKIMENKO

2001

Aleksandr Yevgenyevich Pomazuyev

Vilnius

10 days of detention (Markelov)

19/02/2021 Novosibirsk Regional Court

Art. 5 (1) - unlawful detention - on 23/01/2021 Markelov’s escorting to a police station for compiling an offence report;

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 Markelov;

Art. 10 (1) - conviction for making calls to participate in public events –

(i) Markelov was arrested on 23/01/2021 and sentenced to 10-day detention for an Instagram post (identified by the police on 21/01/2021) relating to a forthcoming rally to support A. Navalnyy on 23/01/2021 (final decision on 19/02/2021 by the Novosibirsk Regional Court; other applicants’ similar applications are processed separately),

(ii) relying on their administrative convictions, in separate civil proceedings all five applicants (and two others) were ordered to pay jointly RUB 2,775,230 (over EUR 27,000 depending on the exchange rate) to the regional police department on account of overtime pay to police officers in relation to the rally on 23/01/2021 (the appeal decision on 23/06/2022 when the damages award became final and enforceable, last decision on 25/05/2023 by the Supreme Court of Russia);

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - (i) for Markelov, as above

(ii) all applicants as to being considered as the rally organisers and being ordered to pay the awards in the above civil proceedings.

26284/21*

29/04/2021

Damir Nailyevich MANZHUKOV

1986 

Rushan Rafisovich Kabirov

Kazan

13 days of detention

4 days of detention

26/01/2021 Supreme Court of the Tatarstan Republic

12/06/2021 Supreme Court of the Tatarstan Republic

Art. 5 (1) - unlawful detention - (i) on 21-22/01/2021 and 08-09/06/2021 escorting to and detention in a police station for and after compiling an offence report,

(ii) on 09/05/2021 escorting to a police station for compiling an offence report;

Art. 10 (1) - various restrictions on the right to freedom of expression – the applicant was sentenced to a fine of RUB 70,000 for hooliganism on account of posting on YouTube videos containing, inter alia, allegedly offensive statements against a public agency (Rospotrebnadzor) in connexion with COVID-related regulations (Art. 20.1 of CAO, final decision on 14/07/2021 by the Supreme Court of the Tatarstan Republic) (see OOO Memo v. Russia, no. 2840/10, 15 March 2022);

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - immediate execution of the sentences of 13-day and 4-day detention (final decisions on 26/01/2021 and 12/06/2021 by Supreme Court of Tatarstan Republic); an appeal against conviction had no suspensive effect.

61357/21*

26/11/2021

Semen Valeryevich LOPUKHOV

1997 

 Memorial Human Rights Centre

Moscow

fine of RUB 10,000

27/05/2021

Moscow City Court

Art. 5 (1) - unlawful detention - on 02/02/2021 escorting to and detention in a police station for compiling an offence report;

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;

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies – the applicant was arrested and sentenced to a fine of RUB 10,000 for participation in a rally to support A. Navalnyy on 02/02/2021.