Published on 2 October 2023
THIRD SECTION
Application no. 40486/21
Roman Sergeyevich PANKRATOV against Russia
and 27 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 7 September 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
40486/21*
27/07/2021
Roman Sergeyevich PANKRATOV
1985
Darya Dmitriyevna Aksenova
Kolomna
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
detention for
12 days
Moscow City Court
12/02/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report (arrested at 03:00 p.m. on 31/01/2021, brought to the police station at 05:00 p.m., taken before the court directly from the police station on 01/02/2021);
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;
Art. 3 - inadequate conditions of detention during transport - poor conditions of transfer in a police van on 01/02/2021-02/02/2021 (the applicant spent the night in the police van), 23 persons held in the van at the same time, seats were not available to all, no drinking water, no meals.
2052/22
14/12/2021
Sergey Aleksandrovich KHLYABICH
1968
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
29/06/2021
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 - 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 for compiling an offence report (arrested at 03:02 p.m., brought to the police station at 04:00 p.m., released at 11:00 p.m. on 31/01/2021).
2060/22
14/12/2021
Anatoliy Dmitriyevich BALAYEV
1999
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
23/01/2021
article 20.2 § 6.1 of CAO
fine of
RUB 15,000
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 - 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 for compiling an offence report (arrested at 05:20 p.m. on 23/01/2021, brought to the police station at 10:00 p.m. on the same day, released at 01:10 a.m. on 24/01/2021).
2082/22
14/12/2021
Fedor Mikhaylovich STETSKEVICH
1985
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of
RUB 15,000
Moscow City Court
17/06/2021
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 - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was made;
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report (arrested at 03:15 p.m. on 31/01/2021, brought to the police station at 06:40 p.m., released at 00:30 a.m. on 01/02/2021).
2085/22*
14/12/2021
Ilya Olegovich KOPANEV
1993
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of
RUB 20,000
Moscow City Court
17/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report (arrested at 04:15 p.m. on 31/01/2021, brought to the police station at 07:00 p.m., released on 01:00 a.m. on 01/02/2021);
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.
2090/22*
14/12/2021
Igor Vadimovich LEPILIN
1993
Memorial Human Rights Centre
Moscow
Rally " Free Navalnyy"
Yekaterinburg
31/01/2021
article 20.2 § 5 of CAO
community work of
20 hours
Sverdlovsk Regional Court
15/06/2021
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 - 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 for compiling an offence report (arrested at 03:40 p.m., brought to the police station at 04:05 p.m., released at 05:40 p.m. on 31/01/2021);
Art. 6 (1) - unfair trial in administrative offence proceedings - denial of opportunity to adduce evidence in support of the applicant’s account of events.
2103/22
15/12/2021
Mikhail Alekseyevich BASOV
2002
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Krasnoyarsk
31/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Krasnoyarsk Regional Court
24/06/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report (arrested at 01:30 p.m. on 31/01/2021, brought to the police station at 03:50 p.m., released at 09:10 p.m. on the same day without the protocol in question, which was issued on 12/02/2021);
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.
2114/22*
15/12/2021
Yevgeniy Sergeyevich ZAKHRYAPIN
1994
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
25/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report (arrested at 05:00 p.m. on 31/01/2021, brought to the police station at 07:30 p.m., released at 11:00 p.m. on the same day);
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.
2164/22
15/12/2021
Aleksey Mikhaylovich OCHAN
1974
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
29/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record (arrested at 03:45 p.m. on 31/01/2021, brought to the police station at 04:05 p.m., released at 10:30 p.m.);
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. 6 (1) - unfair trial in administrative offence proceedings - denial of opportunity to adduce video records of the applicant’s arrest in support of his account of events.
2166/22
15/12/2021
Kirill Olegovich SHEVYAKIN
2000
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Ryazan
21/04/2021
article 20.2.2 § 1 of CAO
fine of
RUB 5,000
Ryazan Regional Court
15/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report (arrested at 07:40 p.m. on 21/04/2021, brought to the police station at 08:10 p.m., brought before the court directly from the police station at 12:30 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.
2170/22*
15/12/2021
Irina Petrovna KONEVSKAYA
1987
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
fine of
RUB 10,000
Moscow City Court
05/07/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report (arrested at 02:00 p.m. on 31/01/2021, brought to the police station at 04:00 p.m. on the same day, taken before the court directly from the police station at 09:00 p.m. on 01/02/2021);
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.
2203/22
28/12/2021
Dariya Sergeyevna KOKAREVA
1991
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
29/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report (arrested at 08:15 p.m. on 23/01/2021, taken to the police station at 11:00 p.m., released at 03:15 a.m. on 24/01/2021);
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 - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.
2876/22
09/12/2021
Yuriy Alekseyevich OGORELTSEV
1999
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of
RUB 15,000
Moscow City Court
11/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from
05:50 p.m. to 11:55 p.m. on 23/01/2021;
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) - unfair trial in administrative offence proceedings - No possibility to adduce evidence in support of the applicant’s version of events (photo and video material).
3536/22
17/12/2021
Nikita Anatolyevich VAULIN
1985
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Yekaterinburg
31/01/2021
article 20.2 § 5 of CAO
community work of
30 hours
Sverdlovsk Regional Court
22/09/2021
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 officer who had drawn up the report on administrative offence in respect of the applicant.
4328/22*
30/12/2021
Gleb Vladimirovich MIKHNOVETS
1993
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
05/07/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report (arrested at 03:30 p.m., brought to the police station at 05:00 p.m., released at 11:30 p.m. 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 - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.
4335/22*
30/12/2021
Yelena Vladimirovna SHAGURINA
1992
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Vladimir
31/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Vladimir Regional Court
12/07/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report (arrested at 01:35 p.m., brought to the police station at 02:00 p.m., released at 05:00 p.m. on 31/01/2021 without offence report, which was drawn up later, on 12/05/2021 in the applicant’s absence);
Art. 8 (2) - restrictions on the right to private life of participants in public assemblies - use of facial recognition technology for the identification of the applicant as a participant of a rally and her subsequent conviction (raised on appeal).
4341/22
30/12/2021
Boris Borisovich BODENKO
1974
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
05/07/2021
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;
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report (arrested at 11:35 p.m. on 02/02/2021, brought to the police station at 00:50 a.m. on 03/02/2021, released at 04:55 a.m. on 03/02/2021);
Art. 6 (1) - unfair trial in administrative offence proceedings - refusal of request to obtain video records of the applicant’s arrest supporting the latter’s account of events.
4345/22*
30/12/2021
Dmitriy Yaroslavovich GULEY
1978
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
23/01/2021
article 20.2 § 6.1 of CAO
fine of
RUB 20,000
Moscow City Court
09/07/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
4349/22*
30/12/2021
Denis Bolotbekovich TABALDYYEV
1979
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
fine of
RUB 10,000
Moscow City Court
01/07/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report (arrested at 02:30 p.m. on 31/01/2021, brought to the police station at 4:30 p.m. on the same day, released at 02:00 a.m. on 01/02/2021);
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.
4563/22*
17/12/2021
Yevgeniy Vladimirovich ABRAMENKOV
1988
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of
RUB 15,000
Moscow City Court
29/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report (arrested at 11:20 p.m. on 02/02/2021, brought to the police station at 01:00 a.m. on 03/02/2021, released at 6 a.m. on the same day);
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
4574/22*
17/12/2021
Arina Yuryevna ONISHCHENKO
2001
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
fine of
RUB 15,000
Moscow City Court
17/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report (arrested at 11:59 p.m. on 02/02/2021, brought to the police station at 00:50 a.m. on 03/02/2021, released at 08:30 a.m. on the same day);
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.
4576/22*
17/12/2021
Artem Aleksandrovich YELIZAROV
2000
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
21/06/2021
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 - 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 for compiling an offence report (arrested at 06:20 p.m. on 23/01/2021, brought to the police station at 07:40 p.m., released at 00:30 a.m. on 24/01/2021).
7715/22
13/01/2022
Vladimir Aleksandrovich DEVICHENKO
2002
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Orel
31/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Orel 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. 8 (2) - restrictions on the right to private life of participants in public assemblies - use of facial recognition technology for the identification of the applicant as a participant of a rally and his subsequent conviction (raised on appeal).
7720/22*
13/01/2022
Tatyana Petrovna ZHURAVSKAYA
1976
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
21/04/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
27/09/2021
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 who had issued the report on administrative offence in respect of the applicant.
7723/22*
13/01/2022
Zhambal Balzhinimayevich GOMBOYEV
1975
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
27/08/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report (arrested at 11:15 a.m. on 02/02/2021, brought to the police station at 00:30 a.m. on 03/02/2021, released at 05:00 a.m. on 03/02/2021);
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.
7774/22*
13/01/2022
Irina Yuryevna ZUBAREVA
1990
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Kaliningrad
21/04/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Kaliningrad Regional Court
13/07/2021
Art. 8 (2) - restrictions on the right to private life of participants in public assemblies - use of facial recognition technology for the identification of the applicant as a participant of a rally and her subsequent conviction (raised on appeal).
7777/22
13/01/2022
Nataliya Sergeyevna PIROZHKOVA
1999
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Ryazan
31/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Ryazan Regional Court
14/07/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report (arrested at 01:20 p.m. on 31/01/2021, brought to the police station at
1:50 p.m., brought before the court directly from the police station at 12 a.m. on 01/02/2021).
23619/22*
28/03/2022
Nataliya Mikhaylovna KAPRANOVA
1959
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
21/04/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
11/11/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 8 (2) - restrictions on the right to private life of participants in public assemblies - use of facial recognition technology for the identification of the applicant as a participant of a rally and her subsequent conviction (raised on appeal);
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 whose written statements were used to secure the applicant’s conviction.