Published on 5 February 2024
SECOND SECTION
Application no. 21359/20
Yuriy Ivanovich POLYAKOV against Russia
and 8 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 11 January 2024, 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 / criminal offence
Penalty
Final domestic decision
Court Name
Date
Other complaints under well-established case-law
21359/20*
28/04/2020
Yuriy Ivanovich POLYAKOV
1952
Yevgeniy Vladislavovich Sokolov
Belgorod
Political rally
Belgorod
17/08/2019
article 20.2 § 2 of CAO
20 hours of community work
Belgorod Regional Court
16/03/2020
Art. 11 (1) - restrictions on location, time or manner of conduct of public events - Belgorod administration’s refusals to approve the locations and dates of several political public events planned by the applicant in Belgorod (final decisions taken by the Supreme Court of the Russian Federation):
(1) on 13/12/2019 - proposal to change the location because another public event has already been planned; final decision 22/06/2020;
(2) on 30/03/2020 - proposal to change the location because another public event has already been planned, regional ban on holding public events in view of COVID-19 restrictions; final decision 15/10/2020;
(3) on 08/09/2020 - regional ban on holding public events in view of COVID-19 restrictions; final decision 15/03/2021;
(4) on 18/09/2020 - regional ban on holding public events in view of COVID-19 restrictions; final decision 22/03/2021;
(5) on 22/09/2020 - regional ban on holding public events in view of COVID-19 restrictions; final decision 24/03/2021;
(6) on 09/11/2020 - regional ban on holding public events in view of COVID-19 restrictions; final decision 27/04/2021.
20261/21
26/03/2021
Sergey Aleksandrovich BANKO
1985
Vyacheslav Sergeyevich Ivanets
Tbilisi, Georgia
Political rally
Irkutsk
22/08/2020
Political rally
Irkutsk
05/09/2020
article 20.2 § 1 of CAO
article 20.2 § 1 of CAO
fine of RUB 10,000
fine of RUB 15,000
Irkutsk Regional Court
26/11/2020
Irkutsk Regional Court
21/01/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of administrative-offence proceedings,
Art. 10 (1) - conviction for making calls to participate in public events - political rally on 22/08/2020 in Irkutsk, Article 20.2 § 2 of CAO, fine of RUB 30,000, final decision Irkutsk Regional Court 26/11/2020.
45609/21
31/08/2021
Anton Igorevich OBROSOV
1989
Varvara Dmitriyevna Mikhaylova
St Petersburg
Rally "Free Navalnyy"
Blagoveshchensk
23/01/2021
article 20.2 § 5 of CAO
article 20.2
§ 6.1 of CAO
fine of RUB 10,000
fine of RUB 2,000
Amur Regional Court
12/03/2021
Amur Regional Court
01/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.30 p.m. until 9.30 p.m. on 23/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of administrative-offence proceedings,
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - overlap of the facts constituting the basis for the applicant’s prosecution in the second set of proceedings (Art. 20.6.1 § 1 of CAO) with substantially the same facts underlying his conviction in the first set of proceedings (Art. 20.2 § 5 of CAO).
28681/22
22/05/2022
Dmitriy Viktorovich SEVERINOV
1985
Natalya Andreyevna Baranova
Moscow
Rally “Free Navalnyy”
Voronezh
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Voronezh Regional Court
23/11/2021
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.
35395/22*
05/07/2022
Stanislav Igorevich MANION
1985
Natalya Andreyevna Baranova
Moscow
Anti-war protest
Yekaterinburg
06/03/2022
article 20.2 § 8 of CAO
detention for 29 days
Sverdlovsk Regional Court
16/03/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 2.20 p.m. on 06/03/2022 until 9.15 p.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,
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.
44625/22
26/08/2022
Stanislav Sergeyevich SPIRKIN
1992
Aleksey Sergeyevich Lapuzin
Samara
Anti-war protest
Samara
27/02/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Samara Regional Court
12/05/2022
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 27/02/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
48489/22*
16/09/2022
Nikita Nikolayevich SOROKIN
2000
Anti-war protest
Voronezh
24/02/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Voronezh Regional Court
17/05/2022
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 the police officers on whose written statements the applicant’s conviction was based.
49516/22*
30/09/2022
Igor Vladimirovich PUSHKAR
1962
Varvara Dmitriyevna Mikhaylova
St Petersburg
Anti-war protest
Omsk
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Omsk Regional Court
31/05/2022
Art. 5 (1) - unlawful detention - escorting to the police station, detention for compiling an offence report 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.
52432/22
27/10/2022
Nikita Sergeyevich DEMENTYEV
2000
Varvara Dmitriyevna Mikhaylova
St Petersburg
Anti-war protest
St Petersburg
13/03/2022
article 20.2.2
§ 1 of CAO
fine of RUB 20,000
St Petersburg City Court
28/06/2022
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 13/03/2022,
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 the police officers on whose written statements the applicant’s conviction was based.