Published on 27 November 2023
SECOND SECTION
Application no. 38671/21
Ksenya Alekseyevna PEREVOZCHENKO against Russia
and 21 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 2 November 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 offence
Penalty
Final domestic decision
Court Name
Date
Other complaints under well-established case-law
38671/21*
15/07/2021
Ksenya Alekseyevna PEREVOZCHENKO
1991
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
administrative detention of 15 days
Moscow City Court
05/02/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 1.30 p.m. on 31/01/2021 to 6.00 p.m. on 01/02/2021, hearing in the applicant’s administrative-offence case; the applicant spent 2 hours in a police van,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 05/02/2021,
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,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant by the trial court was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
54425/21
27/10/2021
Maksim Vladimirovich SHABALIN
2000
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
25/05/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 11.30 a.m. to 4.20 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 - final decision: Moscow City Court, 25/05/2021,
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 and to submit evidence on the equal footing with the prosecution.
55836/21
25/10/2021
Yegor Vyacheslavovich BESCHASTNOV
2002
Yelena Anatolyevna Mamedova
Samara
Rally “Free Navalnyy”
Samara
21/04/2021
article 20.2 § 5 of CAO
30 hours of community work
Samara Regional Court
20/07/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, on 21/04/2021, while the said record was drawn up only on 22/04/2021 when the applicant was released,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Samara Regional Court, 27/07/2021,
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.
55908/21*
29/10/2021
Oleg Rifatovich KHUSAINOV
1986
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Irkutsk
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Irkutsk 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 - final decision: Irkutsk Regional Court, 24/06/2021.
6392/22*
22/12/2021
Maksim Yuryevich KHALIMOVSKIY
1990
Daniil Aleksandrovich Semenov
St Petersburg
Rally “Free Navalnyy”
St Petersburg
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 10,000
St Petersburg City Court
22/06/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: St Petersburg City Court, 22/06/2021,
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.
22019/22*
13/04/2022
Yanus Yanusovich GREYNER
1994
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
17/11/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 10.45 a.m. to 6.00 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 - final decision: Moscow City Court, 17/11/2021,
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 his subsequent conviction (raised on appeal).
22658/22
12/04/2022
Sergey Nikolayevich BOGATKO
1987
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
27/10/2021
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 12.20 p.m. to 6.30 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 - final decision: Moscow City Court, 27/10/2021,
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.
23622/22*
28/03/2022
Ilya Mikhaylovich GARTSEV
1986
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy
Moscow
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
29/10/2021
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 9.00 a.m. to 12.30 a.m. on 18/05/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 29/10/2021,
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 his subsequent conviction (raised on appeal).
30530/22*
31/05/2022
Mariya Sergeyevna KOLOKOLOVA
2001
Darya Dmitriyevna Aksenova
Kolomna
Rally “Free Navalnyy”
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
17/02/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 17/02/2021,
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 two police officers on whose written statements her conviction was based.
30537/22*
31/05/2022
Viktor Aleksandrovich AMPILOV
1997
Darya Dmitriyevna Aksenova
Kolomna
Rally “Free Navalnyy”
Moscow
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
03/12/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 03/12/2021,
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 two police officers on whose written statements his conviction was based
35400/22*
04/07/2022
Anton Yuryevich IVANOV
1987
Natalya Andreyevna Baranova
Moscow
Anti-war protest
Moscow
27/02/2022
article 20.2 § 8 of CAO
administrative detention of 30 days
Moscow City Court
04/03/2022
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 6.30 p.m. on 27/02/2022 until 3.00 a.m. on 01/03/2022, hearings in the applicant’s administrative-offence case; the applicant spent 4h30 in a police van,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 04/03/2022,
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,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant by the trial court was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
35667/22*
06/07/2022
Ivan Aleksandrovich OSIPOV
1998
Olesya Anatolyevna Vasilchenko
Minyar
Anti-war protest
St Petersburg
06/03/2022
article 20.2 § 6.1 of CAO
fine of RUB 10,000
St Petersburg City Court
12/04/2022
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.10 p.m. on 06/03/2022 to 10.30 a.m. on 07/03/2022, hearing in the applicant’s administrative-offence case,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: St Petersburg City Court, 12/04/2022,
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.
36047/22*
28/06/2022
Yuliya Viktorovna LEDOVSKAYA
1979
Olimpiada Valentinovna Usanova
Nizhniy Novgorod
Anti-war protest
Nizhniy Novgorod
24/02/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
27/04/2022
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 7.40 p.m. on 24/02/2022 to 6.20 a.m. on 25/02/2022, hearing in the applicant’s administrative-offence case,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Nizhniy Novgorod Regional Court, 27/04/2022
36652/22
29/06/2022
Svetlana Aleksandrovna USHMODINA
2001
Natalya Andreyevna Baranova
Moscow
Anti-war protest
Moscow
24/02/2022
article 20.2 § 8 of CAO
administrative detention of 20 days
Moscow City Court
01/03/2022
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances», from 7.40 p.m. on 24/02/2022 to 2.20 p.m. on 25/02/2022, hearing in the applicant’s administrative-offence case,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 01/03/2022,
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,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
36667/22*
16/07/2022
Yelena Aleksandrovna SLAVINSKAYA
1961
Natalya Andreyevna Baranova
Moscow
Meeting with deputy V. Rashkin
Moscow
20/09/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
25/01/2022
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.00 p.m. to 6.05 p.m. on 20/09/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 25/01/2022,
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. 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).
37092/22*
22/07/2022
Vladislav Olegovich ROY
1996
Anti-war protest
Ufa
06/03/2022
article 19.3 § 1 of CAO
administrative detention of 1 day
Supreme Court of the Bashkortostan Republic
11/04/2022
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 2.00 p.m. on 06/03/2022 to 2.15 p.m. on 07/03/2022, hearing in the applicant’s administrative-offence case,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Supreme Court of the Bashkortostan Republic, 11/04/2022,
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
41072/22
15/08/2022
Ayzhamal Akylbekovna BAYMURZAYEVA
1997
Natalya Andreyevna Baranova
Moscow
Anti-war protest
Krasnoyarsk
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Krasnoyarsk Regional Court
11/05/2022
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.30 p.m. to 6.30 p.m. on 06/03/2022, while the said record was drawn up only on 12/03/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Krasnoyarsk Regional Court, 11/05/2022,
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.
45938/22
08/09/2022
Aleksey Nikolayevich VASILYEV
1988
Rally “Free Navalnyy
Moscow
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
11/05/2022
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 11.15 a.m. to 7.15 p.m. on 26/04/2021, hearing in the applicant’s administrative-offence case,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 11/05/2022,
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 his conviction was based.
45941/22
10/09/2022
Rustem Gumyarovich BAKHITOV
1989
Aleksey Sergeyevich Lapuzin
Samara
Anti-war protest
Samara
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Samara Regional Court
12/05/2022
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, detention in excess of 3 hours and without “exceptional circumstances”, from 3.15 p.m. to 10.00 p.m. on 06/03/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Samara Regional Court, 12/05/2022.
47805/22
15/09/2022
Yelena Viktorovna MILUSHKINA
1995
Konstantin Mikhaylovich Zinovyev
Nizhniy Novgorod
Anti-war protest
Nizhniy Novgorod
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
25/05/2022
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.10 p.m. on 06/03/2022 to 4.00 p.m. on 07/03/2022, hearing in the applicant’s administrative-offence case,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Nizhny Novgorod Regional Court, 25/05/2022.
48114/22
14/09/2022
Nadezhda Vladimirovna BOLOBONINA
2002
Konstantin Mikhaylovich Zinovyev
Nizhniy Novgorod
Ant-war protest
Nizhniy Novgorod
06/03/2022
article 20.2 § 6.1 of CAO
fine of RUB 5,000
Nizhniy Novgorod Regional Court
25/05/2022
.
48915/22
30/09/2022
Manuk Ayrikovich AKOPYAN
1996
Konstantin Mikhaylovich Zinovyev
Nizhniy Novgorod
Anti-war protest
Nizhniy Novgorod
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 15,000
Nizhniy Novgorod Regional Court
01/06/2022
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.10 p.m. on 06/03/2022 until 1.00 a.m. on 07/03/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Nizhny Novgorod Regional Court, 01/06/2022,
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 his conviction was based.
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