Published on 26 June 2023
THIRD SECTION
Application no. 3345/18
Daniil Igorevich OVCHAROV against Russia
and 17 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 5 § 1 of the Convention relating to unlawful detention (deprivation of liberty) which are the subject of well-established case law of the Court (see Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, 26 June 2018, Rozhkov v. Russia (no. 2), no. 38898/04, §§ 91-96, 31 January 2017, Butkevich v. Russia, no. 5865/07, § 67, 13 February 2018, Kuptsov and Kuptsova v. Russia, no. 6110/03, § 81, 3 March 2011, and Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018).
APPENDIX – STATEMENT OF FACTS
List of applications raising complaints under Article 5 § 1 of the Convention
(unlawful detention (deprivation of liberty))
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Start date of unauthorised detention
End date of unauthorised detention
Specific defects
Other complaints under well-established case-law
3345/18*
26/12/2017
Daniil Igorevich OVCHAROV
1998
Aleksandr Dmitriyevich Peredruk
St Petersburg
12/06/2017 2.30 p.m.
13/06/2017 unspecified time
Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019)
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was charged under Art. 19.3 (1),
Art. 20.2 (5) of CAO for essentially the same action and sentenced to fines of RUB 1,000 and 10,000 respectively,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of the proceedings final decisions for the two sets of the proceedings – St Petersburg City Court, 28/06/2017.
28457/18*
30/05/2018
Liparit Genrikovich AREVSHATYAN
1993
Memorial Human Rights Centre
Moscow
12/06/2017, 2.30 p.m.
12/06/2017, 11.40 p.m.
Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019). Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Moscow City Court, 20/03/2018, fine of RUB 20,000.
29504/18
13/06/2018
Artem Dmitriyevich PEREPELENKO
1994
Memorial Human Rights Centre
Moscow
12/06/2017, 3.50 p.m.
12/06/2017, 11.50 p.m.
Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019). Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision on the matter was taken by the Moscow City Court on 18/01/2018. The applicant was ordered to pay a fine of RUB 15,000;
Art. 6 (1) and Art. 6 (3) (d) – unfair proceedings in view of the failure to obtain attendance of and cross-examine the witnesses (police officers on whose written statements the conviction was based).
34424/18
18/07/2018
Ivan Aleksandrovich ZENIN
1988
Memorial Human Rights Centre
Moscow
12/06/2017, 3.40 p.m.
12/06/2017, 10.00 p.m.
Detention (criminal) for more than three hours without any written record (see Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, §§ 76-79, 26 June 2018). Applicant taken to the police station as an administrative suspect: no evidence/ assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity
(see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Moscow City Court, 30/01/2018, fine of RUB 15,000,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - The applicant claims that despite his requests, the court failed to summon police officers K. and T. who arrested him and drew up an administrative offence record, while their statements were accepted as evidence against him.
38160/18*
04/08/2018
Rayudin Aydakadiyevich YUSUFOV
1967
Dagir Ziyavdinovich Khasavov
Moscow
05/02/2018, 5.30 a.m.
05/02/2018, 6.03 p.m.
Detention (criminal) for more than three hours without any written record (see Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, §§ 76-79, 26 June 2018)
58382/18*
29/11/2018
Aleksey Pavlovich PROVOROV
1973
Tatyana Aleksandrovna Tretyak
Gelendzhik
20/07/2018
01/09/2018
Authorities’ failure to specify the period of pre-trial detention (see Logvinenko v. Russia, no. 44511/04,
§§ 35-39, 17 June 2010)
Art. 5 (3) - excessive length of pre-trial detention - from 25/01/2013 to 25/11/2017 (conviction by trial court) and from 20/07/2017 – pending on the date when the application was lodged with the Court (the latest appeal decision was taken by the Supreme Court of the Adygeya Republic on 27/09/2018-) Defects: failure to conduct the proceedings diligently leading to excessive length of detention on remand,
Art. 5 (5) - lack of, or inadequate, compensation for unlawful arrest or detention - In respect of a violation of Article 5 § 1.
7057/19
17/01/2019
Valentina Vyacheslavovna MANZHIYEVA
1960
Sergey Vyacheslavovich Andropov
Moscow
18/07/2018
20/07/2018
Delay of more than a few hours in releasing the applicant (see Butkevich v. Russia, no. 5865/07, § 67, 13 February 2018)
29250/19
21/05/2019
Roman Vyacheslavovich FEDOROV
1987
04/11/2018, 3 p.m.
06/11/2018, time unspecified
Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019). Detention as an administrative suspect: no evidence/assessment of “exceptional circumstances” under Art. 27.3 § 1 CAO (see Butkevich v. Russia, no. 5865/07, §§ 63-64, 13 February 2018; Tsvetkova and Others v. Russia, 10 April 2018). Detention as an administrative suspect: the applicant remained in detention after the offence record had been compiled (see Korneyeva v. Russia, no. 72051/17, § 35, 8 October 2019)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - 10/12/2018, Moscow City Court, fine of RUB 150,000
59858/19*
16/12/2019
Lyudmila Viktorovna BESHTOYEVA
1963
Aleksey Viktorovich Avanesyan
Yekaterinburg
21/11/2019
10/12/2019
Delay of more than a few hours in releasing the applicant
(see Butkevich v. Russia, no. 5865/07, § 67, 13 February 2018)
Art. 6 (1) - and Art. 6 (3) (c) - applicant’s absence from criminal proceedings - The applicant fainted during the pronouncement of her conviction by the trial judge. The judge continued to pronounce the conviction. The appeal court dismissed the applicant’s complaint noting that she had been unable to hear the operative part of the judgment concerning the sentencing
62851/19*
25/11/2019
Konstantin Dmitriyevich KOLUZAKOV
1999
Dmitriy Aleksandrovich Protasyuk
Nizhniy Novgorod
29/05/2019, 2 p.m.
30/05/2019, 6 p.m.
Detention (criminal) for more than three hours without any written record (see Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, §§ 76-79, 26 June 2018)
4441/20*
08/12/2019
Ilgiz Railyevich YAKHIN
1992
27/06/2019
04/07/2019
Delay of more than a few hours in releasing the applicant (see Butkevich v. Russia, no. 5865/07, § 67, 13 February 2018)
5987/20*
19/12/2019
Nail Salavatovich GAZIZOV
1992
27/06/2019
04/07/2019
Delay of more than a few hours in releasing the applicant
(see Butkevich v. Russia, no. 5865/07, § 67, 13 February 2018)
19616/20
16/03/2020
Mikhail Alekseyevich MOROZOV
1969
02/09/2019, 11 p.m.
03/09/2019, 9 p.m.
Detention (criminal) for more than three hours without any written record (see Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, §§ 76-79, 26 June 2018)
22273/20*
12/05/2020
Sergey Nikolayevich CHERNYSHEV
1975
Dmitriy Petrovich Chekulayev
Moscow
18/11/2019, 7 a.m.
18/11/2019, 8.40 p.m.
Detention (criminal) for more than three hours without any written record (see Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, §§ 76-79, 26 June 2018). Detention without a court order beyond the 48-hour time-limit (see Fortalnov and Others
v. Russia, nos. 7077/06 and 12 others, § 82, 26 June 2018)
22292/20*
12/05/2020
Aleksandr Viktorovich MISHENIN
1984
14/01/2020
15/01/2020
Delay of more than a few hours in releasing the applicant (see Butkevich v. Russia, no. 5865/07, § 67, 13 February 2018)
22834/20*
11/04/2020
Aleksandr Vladimirovich POMAZAN
1982
Vladimir Borisovich Semkin
Tyumen
03/11/2019, 1 a.m.
03/11/2019, 12.38 p.m.
Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018). Applicant taken to the police station as an administrative suspect for the purposes of compiling an offence record: no written record of the administrative escort (Art. 27.2 § 3 CAO) (see Timishev v. Russia [Committee], no. 47598/08, § 21, 28 November 2017)
36705/20*
02/08/2020
Anna Dmitriyevna KHARITONOVA
1982
Ashot Aleksandrovich Andreyev
Syktyvkar
18/12/2019, 12 a.m.
19/12/2019
Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee],
nos. 50271/06 and 8 other applications, § 35, 2 July 2019). Detention as an administrative suspect: no written record of the administrative arrest (Art. 27.4 CAO) (see Timishev v. Russia [Committee], no. 47598/08, § 21, 28 November 2017)
4593/21*
28/12/2020
Vladimir Vladimirovich ZUBKOV
1971
Aleksandr Aleksandrovich Knyazkov
Yaroslavl
29/06/2020
03/07/2020
Delay of more than a few hours in releasing the applicant (see Butkevich v. Russia, no. 5865/07, § 67, 13 February 2018).