Published on 8 January 2024
SECOND SECTION
Application no. 45970/21
Vladislav Sergeyevich POLISHCHUK against Russia
and 17 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 30 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 (code of administrative offences, CAO)
Penalty
Final domestic decision
Court Name
Date
Other complaints under well-established case-law
45970/21*
24/08/2021
Vladislav Sergeyevich POLISHCHUK
2002
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of
RUB 20,000
Moscow City Court
30/03/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence on 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, 30/03/2021,
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.
45975/21*
24/08/2021
Yefim Dmitriyevich STULOV
2001
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of
RUB 20,000
Moscow City Court
30/03/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, on 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, 30/03/2021,
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.
45979/21*
24/08/2021
Natalya Alekseyevna SHEVCHENKO
1996
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally “Free Navalnyy”
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
administrative detention of
8 days
Moscow City Court
08/04/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence on 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, 08/04/2021,
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.
45984/21*
24/08/2021
Konstantin Valeryevich PLATOV
1975
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
administrative detention of 12 days
Moscow City Court
26/04/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, on 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, 26/04/2021,
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.
46159/21*
26/08/2021
Vyacheslav Vladimirovich NIZOVTSEV
1989
Andrey Yevgenyevich Shchukin
Nizhniy Tagil
Rally “Free Navalnyy”
Yekaterinburg
23/01/2021
article 20.2 § 5 of CAO
fine of
RUB 20,000
Sverdlovsk Regional Court
04/08/2021
46170/21
04/09/2021
Oleg Viktorovich PSHENICHNYY
1964
Alena Alekseyevna Savelyeva
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
administrative detention of 10 days
Moscow City Court
04/03/2021
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 01.30 p.m. on 31/01/2021 to 02.00 p.m. on 01/02/2021, hearing in the applicant’s administrative-offence case; the applicant spent 3 hours in the 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, 04/03/2021,
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 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
46179/21*
26/08/2021
Maksim Stanislavovich LYSIKOV
1989
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally “Free Navalnyy”
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
30/03/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, on 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 - final decision: Moscow City Court, 30/03/2021,
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.
46185/21*
26/08/2021
Vladislav Mikhaylovich VARGA
1994
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally “Free Navalnyy”
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of
RUB 15,000
Moscow City Court
30/03/2021
Art. 5 (1) – unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, on 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, 30/03/2021,
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.
59547/21
19/11/2021
Yegor Aleksandrovich VNUKOV
2000
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
20/05/2021
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 01.20 p.m. to 08.00 p.m. on 31/01/2021, while the said record was drawn up only on 12/02/2021; the applicant spent 2 hours in the 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: Krasnoyarsk Regional Court, 20/05/2021,
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.
389/22
03/12/2021
Aleksandr Dmitriyevich ROGOZHKIN
2000
Konstantin Borisovich Kartashov
Penza
Rally “Free Navalnyy”
Penza
23/01/2021
article 20.2 § 6.1 of CAO
30 hours of community works
Penza Regional Court
03/06/2021
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 9.50 a.m. to 8.40 p.m. 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 - final decision: Penza Regional Court, 03/06/2021.
506/22
09/12/2021
Dmitriy Igorevich ZHUROV
1991
Rally “Free Navalnyy”
Magadan
21/04/2021
article 20.2 § 6.1 of CAO
40 hours of community works
Magadan Regional Court
11/06/2021
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 7.30 p.m. on 21/04/2021 to 8.00 p.m. on 22/04/2021, 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: Magadan Regional Court, 11/06/2021,
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, as well as defence witnesses.
3043/22*
21/12/2021
Dmitriy Alekseyevich ZAIGRALOV
1997
Yelena Yuryevna Pershakova
Moscow
Rally “Free Navalnyy”
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
fine of
RUB 10,000
Moscow City Court
21/06/2021
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 11.50 p.m. on 02/02/2021 to 8.00 p.m. on 03/02/2021, 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, 21/06/2021,
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.
3158/22
16/12/2021
Daniil Yevgenyevich SHURYGIN
1999
Konstantin Yuryevich Koshcheyev
Petrozavodsk
Rally “Free Navalnyy”
Petrozavodsk
23/01/2021
article 20.2 § 5 of CAO
fine of
RUB 5,000
Supreme Court of the Karelia Republic
17/06/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence on 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 - Final decision: Supreme Court of the Karelia Republic, 17/06/2021,
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.
3345/22
14/12/2021
Aleksandr Igorevich BAZHUKOV
1994
Sergey Mikhaylovich Shimovolos
Nizhniy Novgorod
Rally “Free Navalnyy"
Nizhniy Novgorod
31/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Nizhniy Novgorod Regional Court
24/06/2021
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 1.40 p.m. to 11.00 p.m. on 31/01/2021; the applicant spent more than 4 hours in the 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: Nizhniy Novgorod Regional Court, 24/06/2021,
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.
3361/22*
17/12/2021
Roman Agitovich USOYAN
1999
Rally “Free Navalnyy”
St Petersburg
31/01/2021
article 20.2 § 6.1 of CAO
fine of
RUB 20,000
St Petersburg City Court, 11/05/2021, the applicant was absent and not represented on appeal, he received a copy of the decision on
17/06/2021
6208/22
13/01/2022
Oksana Petrovna ORESHNIKOVA
1996
Vladimir Valeryevich Vasin
Krasnoyarsk
Rally “Free Navalnyy”
Krasnoyarsk
21/04/2021
article 20.2 § 5 of CAO
fine of
RUB 15,000
Krasnoyarsk Regional Court
15/07/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 10.40 p.m. on 21/04/2021 to 2.00 a.m. on 22/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Krasnoyarsk Regional Court, 15/07/2021.
9260/22*
20/12/2021
Aleksey Sergeyevich KOROLEV
1982
Vladimir Anatolyevich Moiseyenko
Kaliningrad
Rally “Free Navalnyy”
Kaliningrad
21/04/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Kaliningrad Regional Court
21/09/2021
13223/22*
18/02/2022
Igor Nikolayevich ADYASOV
1970
Olimpiada Valentinovna Usanova
Nizhniy Novgorod
Rally “Free Navalnyy"
Nizhniy Novgorod
31/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Nizhniy Novgorod Regional Court
18/08/2021
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 1.20 p.m. on 31/01/2021, to 01/02/2021, hearing in the applicant’s administrative-offence case; the applicant spent 3h40 in the 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: Nizhniy Novgorod Regional Court, 18/08/2021,
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.
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