Published on 5 February 2024
FIRST SECTION
Application no. 57908/18
Lev Aleksandrovich PONOMAREV against Russia
and 16 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 10 § 1 of the Convention relating to disproportionate measures against solo demonstrators which are the subject of well-established case law of the Court (see Novikova and Others v. Russia, nos. 25501/07 and 4 others, 26 April 2016 and Lashmankin and Others v. Russia, nos. 57818/09 and 14 others, 7 February 2017).
APPENDIX – STATEMENT OF FACTS
List of applications raising complaints under Article 10 § 1 of the Convention
(disproportionate measures against solo demonstrators)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Location
Date
Purpose of the demonstration
Administrative charges
Penalty
Final domestic decision
Date
Name of the court
Other relevant information
Other complaints under well-established case-law
57908/18*
13/12/2018
Lev Aleksandrovich PONOMAREV
1941
Valeriy Vladimirovich Shukhardin
Moscow
(i) Moscow, 23/07/2018, Support of political prisoners;
(ii) Moscow, 20/02/2022, Protest against the potential war in Ukraine (the applicant was arrested at the venue when he was waiting for his turn to stage a picket)
(i) article 20.2 § 5 of CAO, administrative fine of RUB 10,000,
(ii) article 20.2 § 5 of CAO, administrative fine of RUB 10,000
(i) 18/09/2018, Moscow City Court,
(ii) 01/07/2022, Moscow City Court
rotation -event classified as assembly post facto
(event of 20/02/2022)
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention:
(i) on 23/07/2018 for the sole purpose of drawing up a record of administrative offence,
(ii) on 01/12/2018, for the purpose of compiling a record of administrative offence in respect of the calls to participate in a rally posted on 25/10/2018; and
(iii) on 20/02/2022, for the purpose of drawing up a record of administrative offence,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - three sets of administrative 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 open court police officers on whose written statements the conviction was based in the three sets of proceedings, as well as defence witnesses in the first set of proceedings,
Art. 10 (1) - conviction for making calls to participate in public events - on 25/10/2018 the applicant published a Facebook post calling to participate in a rally on 28/10/2018 in Moscow in support of defendants in criminal cases "Novoye Velichiye" and "Set’" - arrest, conviction under article 20.2 § 8 of the CAO, administrative detention of 16 days, final judgment of 07/12/2018, Moscow City Court
20078/19
31/03/2019
Vadim Vadimovich GLEBOV
1941
Konstantin Mikhaylovich Zinovyev
Nizhniy Novgorod
(i) Nizhniy Novgorod, 02/06/2018, Support of O. Sentsov and V. Balukh
(ii) Nizhniy Novgorod, 18/06/2018, Support of O. Sentsov and V. Balukh
(iii) Nizhniy Novgorod, 08/08/2020, Support of Khabarovsk protesters
(i), article 20.2 § 5 of CAO, community service of 20 hours
(ii) article 20.2 § 5 of CAO, community service of 20 hours
(iii) article 19.3 § 1 of CAO, administrative fine of RUB 1,000
(i) 04/10/2018, Nizhniy Novgorod Regional Court
(ii) 04/10/2018, Nizhniy Novgorod Regional Court
(iii) 24/12/2020, Nizhniy Novgorod Regional Court
ban on public events during the FIFA World Cup 2018
(events of 02/06/2018 and 18/06/2018)
Art. 5 (1) - unlawful detention – third set of proceedings - arrest, escorting to a police station, detention on 08/08/2020 for the sole purpose of drawing up an offence record,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings – three sets of 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 open court police officers on whose written statements the conviction was based - three sets of proceedings
24538/19*
08/04/2019
Pavel Vyacheslavovich CHUPRUNOV
1993
Maksim Vladimirovich Olenichev
St Petersburg
(i) St Petersburg, 05/10/2018, Protest against the appointment of a new Governor of St Petersburg (the applicant was arrested when approaching the venue where he intended to stage his demonstration)
(ii) St Petersburg, 15/03/2020, Protest against constitutional amendments
(i) article 19.3 § 1 of CAO, administrative detention of 5 days
(ii) article 20.2 § 5 of CAO,
administrative fine of RUB 10,000
(i) 09/10/2018, St Petersburg City Court
(ii) 01/09/2020, St Petersburg City Court
(ii) rotation - event classified as assembly post facto
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention
(i) between 05/10/2018 and 07/10/2018 as administrative suspect, pending trial and after the offence record had been compiled, and (ii) on 15/03/2020, for the sole purpose of drawing up an offence record,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of 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 open court police officers on whose written statements the conviction was based (both sets of proceedings), as well as attesting witnesses and defence witnesses (first set of proceedings),
Art. 6 (1) - unfair trial in administrative offence proceedings - inability to adduce evidence on equal footing with the prosecution - the courts’ refusal to adduce and admit the initial police report which triggered a police intervention in respect of the applicant,
Prot. 7 Art. 2 - Right of appeal against criminal conviction/sentence - the sentence of administrative detention imposed on the applicant on 07/10/2018 in the first set of proceedings was executed immediately, on account of the lack of a suspensive effect of an appeal under the CAO,
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 issue (see, mutatis mutandis, Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-50, 17 April 2018; and Muchnik and Mordovin v. Russia [Committee], nos. 23814/15 and 2707/16, §§ 47-52, 12 February 2019)- arrest, conviction for participation in a series of solo demonstrations held on 15/03/2020 by a group of no less than 50 persons, final judgment of 01/09/2020 by the St Petersburg City Court
27898/19*
04/05/2019
Aleksandr Viktorovich FEDOSEYEV
1990
Maksim Vladimirovich Olenichev
St Petersburg
05/10/2018, St Petersburg, Protest against the appointment of a new Governor of St Petersburg (the applicant was arrested when approaching the venue where he intended to stage his demonstration)
article 19.3 § 1 of CAO, administrative fine of RUB 1,000
22/11/2018, St Petersburg City Court
Art. 5 (1) - unlawful detention - arrest, escorting to the police station, detention between 05/10/2018 and 06/10/2018 as administrative suspect, pending trial and after the offence record had been compiled,
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, as well as defence witnesses,
Art. 6 (1) - unfair trial in administrative offence proceedings - inability to adduce evidence on equal footing with the prosecution - refusal to admit a video footage
28357/19*
06/05/2019
Andrey Sergeyevich NIKITIN
1999
Maksim Vladimirovich Olenichev
St Petersburg
St Petersburg, 05/10/2018, Protest against the appointment of a new Governor of St Petersburg (the applicant was arrested when approaching the venue where he intended to stage his demonstration)
article 19.3 § 1 of CAO, administrative fine of RUB 1,000
22/11/2018, St Petersburg City Court
Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention between 05/10/2018 and 06/10/2018 as administrative suspect, pending trial and after the offence record had been compiled,
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 open court police officers on whose written statements the applicant’s conviction was based, as well as defence witnesses,
Art. 6 (1) - unfair trial in administrative offence proceedings - inability to adduce evidence on equal footing with the prosecution - the courts; refusal to admit a video footage and an initial police report of 05/10/2018 which had triggered the police intervention in respect of the applicant
37594/20
18/08/2020
Darya Aleksandrovna GRISHINA
1987
Memorial Human Rights Centre
Moscow
Moscow, 01/11/2019, Support of LGBT community
article 20.2 § 5 of CAO, administrative fine of RUB 10,000
16/12/2019, Moscow City Court
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 01/11/2019 for the sole purpose of drawing up the offence record,
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 open court police officers on whose written statements the conviction was based, as well as a defence witness
19054/21*
20/03/2021
Anatoliy Grigoryevich NOGOVITSYN
1987
Aleksandr Dmitriyevich Peredruk
St Petersburg
(i) Yakutsk, 24/06/2020, Protest against constitutional amendments
(ii)Yakutsk, 25/06/2020, Protest against constitutional amendments
(i) article 20.6.1 § 1 of CAO, fine of RUB 2,000
(ii), article 19.3 § 1 of CAO, administrative detention of 8 days,
and
article 20.6.1 § 1 of CAO, fine of RUB 3,000
(i) 01/10/2020, Supreme Court of the Republic of Sakha (Yakutiya)
(ii) 01/10/2020, Supreme Court of the Republic of Sakha (Yakutiya) - two separate judgments issued on the same date
(i) COVID restrictions
(ii) COVID restrictions
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention
(i) between 25/06/2020 and 26/06/2020 as administrative suspect, pending trial and after the offence record had been compiled; and (ii) from 22/01/2021 to 23/01/2021 as administrative suspect, pending trial and after the offence records had been compiled,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings all (six) sets of 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 open court police officers on whose written statements the conviction was based - three sets of proceedings concerning the calls to participate in a rally, three separate final judgments of 05/03/2021,
Art. 10 (1) - conviction for making calls to participate in public events - on 21/01/2021 the applicant published calls to participate in a rally to support A. Navalnyy scheduled for 23/01/2021 in Yakutsk (Instagram, Youtube, Twitter and Vkontakte) – arrest, conviction in three separate sets of proceedings, three separate final judgments issued on 05/03/2021 the Supreme Court of the Republic of Sakha (Yakutiya):
(i) article 19.3 § 1 of CAO, administrative detention of 15 days;
(ii) article 20.2 § 2 of CAO, administrative detention of 3 days (conviction for publications posted to Vkontakte and Twitter);
(iii) Article 20.2 § 2 of CAO, administrative detention of 3 days (conviction for publications posted to Instagram and Youtube),
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - sentences of administrative detention imposed on the applicant on 23/01/2021 were executed immediately, on account of the lack of a suspensive effect under the CAO
42178/21
13/08/2021
Artem Sergeyevich BESEDIN
1984
Memorial Human Rights Centre
Moscow
Moscow, 03/07/2020, Support of convicted journalist S. Prokopyeva
article 20.2 § 5 of CAO, administrative fine of RUB 10,000
06/04/2021, Moscow City Court
rotation - event classified as assembly post facto
Art. 5 (1) - unlawful detention - escorting to and detention at the police station on 03/07/2020 for the sole purpose of compiling an offence report (such record only compiled on 13/07/2020),
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 open court the police officers on whose written statements the applicant’s conviction was based,
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 issue (see, mutatis mutandis, the above-cited Tsukanov and Torchinskiy and Muchnik and Mordovin)- arrest, conviction under article 20.2 § 5 of CAO, fine of RUB 10,000 for participation in a series of solo demonstrations held in Moscow on 03/07/2020 on a rotation basis by no less than 20 persons, final judgment of 06/04/2021, Moscow City Court
42184/21
13/08/2021
Anastasiya Dmitriyevna PLATONOVA
1994
Memorial Human Rights Centre
Moscow
Moscow, 07/07/2020, Support of journalist I. Safonov
article 20.2 § 5 of CAO, administrative fine of RUB 10,000
06/04/2021, Moscow City Court
rotation - event classified as assembly post facto
Art. 5 (1) - unlawful detention - escorting to and detention at the police station on 07/07/2021 for the sole purpose of drawing up a record of administrative offence (such record only compiled on 29/07/2020),
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. 11 (2) - disproportionate measures against organisers and participants of public assemblies - - alternatively to Article 10 issue (see, mutatis mutandis, the above-cited Tsukanov and Torchinskiy and Muchnik and Mordovin)- arrest, conviction under article 20.2 § 5 of CAO, fine of RUB 10,000 for participation in a series of solo demonstrations held on a rotation basis by no less than 20 persons on 07/07/2020, final judgment of 06/04/2021, Moscow City Court
3174/22*
09/12/2021
Vladimir Vasilyevich DOROFEYEV
1993
Aleksey Viktorovich Avanesyan
Yekaterinburg
Krasnodar, 30/07/2020, Protest of defrauded shareholders
article 20.2 § 2 of CAO, administrative detention of 1 day
Krasnodar Regional Court, 09/08/2021
use of a quickly (de)assembled object - a tent
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 30/07/2020 and 31/07/2020 as administrative suspect, pending trial, after the offence report was compiled,
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
23324/22
15/02/2022
Igor Alekseyevich YAKOVLEV
1986
Memorial Human Rights Centre
Moscow
Moscow, 07/07/2020, Support of I. Safonov
article 20.2 § 5 of CAO, administrative fine of RUB 10,000
17/08/2021 Moscow City Court
rotation - event classified as assembly post facto
Art. 5 (1) - unlawful detention - arrest, escorting to a police station on 07/07/2020 for the sole purpose of drawing up an offence record (such record only compiled on 23/07/2020),
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. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 issue see, mutatis mutandis, the above-cited Tsukanov and Torchinskiy and Muchnik and Mordovin) - arrest, conviction under article 20.2 § 5 of CAO, administrative fine of RUB 10,000 for participation in a series of solo demonstrations held on a rotation basis by no less than 20 persons in Moscow on 07/07/2020 in support of I. Safonov, considered by the authorities as an unauthorised assembly
34931/22
21/06/2022
Alisa Aleksandrovna BOGATYREVA
1992
Aleksandr Vasilyevich Savin
Stavropol
Stavropol, 06/03/2022, Protest against suppression of opposition media outlets in the wake of the war against Ukraine
article 20.2 § 5 of CAO
18/05/2022 Stavropol Regional Court
Art. 5 (1) - unlawful detention - escorting to and detention at the police station on 06/03/2022 for the sole purpose of drawing up and offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
38000/22*
05/07/2022
Ivan Romanovich KOZIKHIN
1991
Rim Faridovich Sabirov
Kazan
Kazan, 27/02/2022, Anti-war protest
article 20.2 § 8 of CAO, administrative detention of 10 days
05/03/2022, Supreme Court of the Republic of Tatarstan
Art. 5 (1) - unlawful detention - escorting to and detention at the police station between 27/02/2022 and 28/02/2022 as administrative suspect, pending trial and after an offence report was compiled,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 28/02/2022 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
39003/22*
25/07/2022
Taisiya Vasilyevna SVESHNIKOVA
1994
Irina Vladimirovna Gak
Rostov-on-Don
Taganrog, 24/03/2022, Anti-war protest
(i) article 20.1. § 1 of CAO, fine of RUB 500
and
(ii) a separate conviction under article 20.3.3. §1 (discrediting Russian armed forces) in respect of the same event, fine of RUB 30,000
(i) 06/06/2022, Rostov Regional Court
and
(ii) 12/05/2022, Rostov Regional Court
Art. 5 (1) - unlawful detention - escorting to and detention at the police station between 24/03/2022 and 25/03/2022 as administrative suspect,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in all three sets of administrative proceedings (concerning the events of 19/03/2022; 24/03/2022 (two sets of proceedings)),
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - in all three sets of administrative proceedings (two sets of proceedings concerning the events of 19/03/2022 and 24/03/2022),
Art. 8 (1) - unlawful search - search (inspection) of the applicant’s flat between 5:30 and 6:00 a.m. on 25/03/2022, conducted by a police officer with reference to article 27.8 of the CAO (inspection of premises of legal entities) - no indication of relevant or sufficient reasons to justify the inspection, no prior judicial authorisation, irrelevant legal basis invoked in the inspection record,
Art. 10 (1) - various restrictions on the right to freedom of expression - drawing an anti-war sign on the stairs of Lenin’s monument, Taganrog, 19/03/2022 - conviction under Article 20.3.3 § 1 (discrediting Russian armed forces), fine of RUB 35,000, final judgment by the Rostov Regional Court, 19/05/2022
40532/22*
30/06/2020
Vera Petrovna TERESHONKOVA
1958
(i) Syktyvkar, 01/05/2019, Protest against a ban on public events in Stefanovskaya Square
(ii) Syktyvkar, 27/02/2022, Anti-war protest
(i) article 20.2 § 5 of CAO, fine of RUB 5,000
(ii) article 20.2 § 5 of CAO, fine of RUB 12,000
(i) 02/10/2019, Supreme Court of the Komi Republic
(ii) 20/04/2022, Supreme Court of the Komi Republic
ban on public events at certain locations - Stefanovskaya Square, Syktyvkar, both sets of proceedings
Art. 5 (1) - unlawful detention - arrest, escorting to a police station:
(i) on 01/05/2019 for the sole purpose of drawing up an offence record, and
(ii) on 27/02/2022, for the same purpose,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of administrative proceedings
44816/22
02/09/2022
Aleksandr Sergeyevich KAPUSTIN
1972
(i) Krasnoyarsk, 13/01/2022, Protest against transfer of the Russian troops to Kazakhstan
(ii) Krasnoyarsk, 13/02/2022, Protest against military attacks on the territory of Ukraine
(iii) Krasnoyarsk, 11/06/2022, Support of political opposition
(i) article 20.6.1 § 1 of CAO, fine of RUB 3,000
(ii) article 20.6.1 § 1 of CAO, fine of RUB 3,000
(iii) article 19.3 § 1 of CAO, administrative detention of 3 days
(i) 04/05/2022, Krasnoyarsk Regional Court
(ii) 25/05/2022, Krasnoyarsk Regional Court
(iii) 22/06/2022, Krasnoyarsk Regional Court
COVID-related ban on public events (first and second sets of proceedings)
Art. 5 (1) - unlawful detention - escorting to and detention at the police station
(i) on 13/02/2022 for compiling an offence record; and
(ii) between 11/06/2022 and 12/06/2022 as administrative suspect, after the offence record had been compiled,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in two sets of administrative proceedings (in connection with events of 13/02/2022 and 11/06/2022),
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 open court the police officers on whose written statements the applicant’s conviction was based in two sets of administrative proceedings (in connection with events of 13/02/2022 and 11/06/2022, final judgments of 25/02/2022 and 22/06/2022 respectively)
56922/22*
26/11/2022
Aleksandr Vladimirovich MALTSEV
1983
Vologda, 06/03/2022, Anti-war protest
article 20.2 § 2 of CAO and article 20.3.3 § 1 of CAO, administrative fine of RUB 30,000
16/05/2022, Vologda Regional Court
(a copy of the judgment received on 26/07/2022)
rotation - event classified as assembly post facto
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 06/03/2022 and 07/03/2022 as administrative suspect,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings