Published on 26 June 2023
FIFTH SECTION
Application no. 884/22
Aleksey Borisovich PANTENKOV against Russia
and 18 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 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
884/22*
01/12/2021
Aleksey Borisovich PANTENKOV
1991
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Saratov
23/01/2021
Article 20.2 § 5 of CAO
fine of
RUB 15,000
Saratov Regional Court
01/06/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings[1].
1098/22*
17/12/2021
Ilya Alekseyevich POTAPENKO
1997
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
St Petersburg
02/02/2021
Article 20.2 § 2 of CAO
fine of
RUB 15,000
St Petersburg City Court
24/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 00:15 a.m. to 2.30 p.m. on 03/02/2021[2];
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
7789/22
25/01/2022
Inessa Gennadyevna STRUKOVA
1967
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Moscow
02/02/2021
Article 20.2 § 5 of CAO
fine of
RUB 20,000
Moscow City Court
03/08/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report: detained at midday and released at 7:30 p.m. on 02/02/2021;
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 at the trial police officers on whose written statements the applicant’s conviction was based[3].
7794/22
25/01/2022
Aleksandr Aleksandrovich KIRYUKHIN
1998
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
29/07/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report: detained at 11.10 a.m. and released at 4.40 p.m. on 02/02/2021;
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 at the trial the police officers on whose written statements the applicant’s conviction was based.
8363/22*
25/01/2022
Polina Romanovna KRASULYA
2000
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
03/08/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report: detained at 11.30 a.m. and released at 3.58 p.m. on 02/02/2021;
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 at the trial the police officers on whose written statements the applicant’s conviction was based;
Art. 6 (1) - unfair criminal proceedings - various deficiencies in the administrative offence proceedings (no possibility to adduce evidence).
8419/22*
25/01/2022
Aydar Temirzhanovich ZHAKUPOV
1987
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Moscow
21/04/2021
Article 20.2 § 6.1 of CAO
fine of
RUB 10,000
Moscow City Court
07/10/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 9 p.m. on 26/04/2021 to 5 p.m. on 27/04/2021;
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 at the trial the police officers on whose written statements the applicant’s conviction was based.
8426/22*
25/01/2022
Aleksey Ruslanovich MARCHUK
2002
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
29/07/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report: detained at 11.40 a.m. and released at 5.45 p.m. on 02/02/2021;
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 at the trial the police officers on whose written statements the applicant’s conviction was based.
9468/22
21/01/2022
Dmitriy Dmitriyevich LOTSMANOV
2002
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
23/07/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report: detained at 2.10 p.m. and released at 4.40 p.m. on 09/06/2021;
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 at the trial the police officers on whose written statements the applicant’s conviction was based.
10994/22
03/02/2022
Imamudin Aleksandrovich SHAKHLAMAZOV
2000
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
23/01/2021
Article 20.2 § 5 of CAO
fine of
RUB 20,000
Moscow City Court
03/08/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report 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;
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine at the trial the police officers on whose written statements the applicant’s conviction was based.
13127/22
17/02/2022
Timur Aleksandrovich DARMAYEV
1996
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
19/08/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report: detained at 11.17 a.m. and released at 5.46 p.m. on 02/02/2021;
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 first-instance trial two police officers on whose written statements the applicant’s conviction was based.
13128/22
17/02/2022
Ilya Denisovich SKUDAR
2000
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
19/08/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report: detained at 3.30 p.m. and released at 11.10 p.m. on 31/01/2021;
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 first-instance trial the police officers on whose written statements the applicant’s conviction was based;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
13129/22*
17/02/2022
Raushan Kamilovich SAKHIBZADIN
1983
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
19/08/2021
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.
13132/22
17/02/2022
Artur Viktorovich YASAK
1997
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
19/08/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the Perovo police station after compiling an offence report from
11.30 a.m. to 7 p.m. on 02/02/2021;
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.
14953/22*
18/02/2022
Dinislam Ilgizovich AKUNAYEV
1997
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Perm
21/04/2021
Article 20.2 § 5 of CAO
fine of
RUB 10,000
Perm Regional Court
23/08/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 21/04/2021;
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.
24919/22*
23/03/2022
Yevgeniy Vitalyevich CHIP
1998
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
29/09/2021
Art. 5 (1) - unlawful detention - escorting to the Molzhaninovskiy police station on 31/01/2021 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 - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.
30753/22*
06/03/2022
Sergey Anatolyevich PODOSENOV
1981
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
09/09/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report 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 two police officers on whose written statements the applicant’s conviction was based.
30754/22*
06/03/2022
Andrey Nikolayevich MILYUK
1986
Memorial Human Rights Centre
Moscow
Rally to call for fair elections
St Petersburg
29/07/2021
Article 20.2 § 2 of CAO
detention for 3 days
St Petersburg City Court
07/09/2021
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 on whose written statements the applicant’s conviction was based
30756/22*
06/03/2022
Darya Rodionovna DOBROKHOTOVA
1999
Memorial Human Rights Centre
Moscow
Rally to call for fair elections
St Petersburg
29/07/2021
Article 20.2 § 2 of CAO
detention for 3 days
St Petersburg City Court
07/09/2021
Art. 5 (1) - unlawful deprivation of liberty - escorting to and detention at the police station for compiling an offence report from 3.30 p.m. on 29/07/2021 to 2 p.m. on 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 the trial two police officers on whose written statements the applicant’s conviction was based.
45288/22*
01/09/2022
Aleksandr Sergeyevich BOLDYREV
1981
Anti-war protest
Moscow
03/03/2022
Article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
27/06/2022
Art. 5 (1) - unlawful detention - escorting to the Mitino police station for compiling an offence report from 7 p.m. on 03/03/2022 until 2.00 a.m. on 04/03/2022;
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 two police officers on whose written statements the applicant’s conviction was based.
[1] Karelin v. Russia, no. 926/08, §§ 58-85, 20 September 2016.
[2] Butkevich v. Russia, no. 5865/07, §§ 63-65, 13 February 2018, Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 115-31, 10 April 2018, and Korneyeva v. Russia, no. 72051/17, §§ 34-36, 8 October 2019.
[3] Schatschaschwili v. Germany [GC], no. 9154/10, §§ 100-31, ECHR 2015, and Murtazaliyeva v. Russia [GC], no. 36658/05, §§ 150-59, 18 December 2018.