Published on 27 November 2023
THIRD SECTION
Application no. 41232/18
Vitaliy Aleksandrovich POPOV against Russia
and 29 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 5 § 1 of the Convention relating to unlawful detention (deprivation of liberty) which are the subject of well-established case law of the Court (see Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, 26 June 2018, Rozhkov v. Russia (no. 2), no. 38898/04, §§ 91-96, 31 January 2017, Butkevich v. Russia, no. 5865/07, § 67, 13 February 2018, Kuptsov and Kuptsova v. Russia, no. 6110/03, § 81, 3 March 2011 and Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018).
APPENDIX – STATEMENT OF FACTS
List of applications raising complaints under Article 5 § 1 of the Convention
(unlawful detention (deprivation of liberty))
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Start date of unauthorised detention
End date of unauthorised detention
Specific defects
Other complaints under well-established case-law
41232/18
02/07/2018
Vitaliy Aleksandrovich POPOV
1984
Viktoriya Viktorovna Pekhteleva
Moscow
15/03/2017
16/02/2018
Lack of legal basis for detention owing to the higher court’s omission to extend the applicant’s detention following the quashing of the first-instance court detention order or a conviction/appeal decision on conviction (see Kuptsov and Kuptsova v. Russia, no. 6110/03, § 81, 3 March 2011)
1836/19*
26/12/2018
Sergey Konstantinovich DAVIDIS
1969
11.30 a.m. on 25/04/2021
1.30 p.m. on 27/04/2021 (hearing in the applicant’s administrative-offence case)
Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity, detention as an administrative suspect: beyond the 48-hour statutory period, detention as an administrative suspect: beyond the three-hour statutory period, detention as an administrative suspect: no evidence/assessment of “exceptional circumstances”, detention as an administrative suspect: the applicant remained in detention after the offence record had been compiled
Art. 10 (1) - conviction for making calls to participate in public events - calls to participate in an unauthorised rally on 21/04/2021 in support of A. Navalnyy published in Twitter; Article 20.2 § 2 of CAO, 10 days of detention; Moscow City Court, 28/04/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 28/04/2021,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentences of administrative detention imposed on the applicant by the court of first instance were executed immediately, on account of the lack of suspensive effect of an appeal under the CAO,
Art. 10 (1) - various restrictions on the right to freedom of expression - During an authorised rally on 26/02/2017, the law enforcement officers took the applicant’s 4 posters and banners with political slogans. The applicant’s administrative claim was definitely dismissed (last final decision: Single judge of the Supreme Court of Russia, 27/06/2018) on the ground that the slogans had not corresponded to the declared aims of the approved public event. Date of lodging of the application is 26/12/2018.
See Yartsev v. Russia, no. 16683/17, §§ 33-38, 20 July 2021,
Art. 10 (1) - various restrictions on the right to freedom of expression - On 06/05/2017, during an approved public rally, the applicant speaker’s stand with political slogans was dismantled by law enforcement officers (the banners with slogans were taken off). The applicant’s administrative claim was definitely dismissed (last final decision: Single judge of the Supreme Court, 08/05/2019) on the ground that the slogans had not correspond to the declared aims of a public event and that they were dangerous as likely to cause mass rioting. Date of the lodging of the application is 08/11/2019.
See Yartsev v. Russia, no. 16683/17, §§ 33-38, 20 July 2021
5169/19*
19/12/2018
Kirill Vitalyevich DENISOV
1988
Yuliya Yevgenyevna Fedotova
Yekaterinburg
09/09/2018, 1.30 p.m.
11/09/2018
Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Sverdlovsk Regional Court, 21/09/2018,
15054/19
04/03/2019
Yevgeniy Vladimirovich KRUGLIK
1984
Sergey Yuryevich Pobol
Odintsovo
26/09/2018, 8:00 am
27/09/2018; 12:15 pm (record)
28/09/2018, 6:30 pm (court order)
Detention without a court order beyond the 48-hour time-limit, detention (criminal) for more than three hours without any written record
19180/21*
23/03/2021
Mariya Alekseyevna KHUDOYAROVA
1993
Anna Yevgenyevna Bochilo
Barnaul
05.35 p.m. on 22/04/2021
unspecified time (after 06.30 p.m.) on 22/04/2021 (hearing in the applicant’s administrative-offence case)
Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity, detention as an administrative suspect: the applicant remained in detention 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 - Final decision: Volgograd Regional Court, 26/04/2021,
Art. 10 (1) - conviction for making calls to participate in public events - for calls, in Telegram messenger, on public to participate in two unauthorised rallies in support of A. Navalnyy, Article 20.2 § 8 of the CAO:
1) administrative detention of 7 days, Volgograd Regional Court, 28/01/2021,
2) administrative detention of 25 days, Volgograd Regional Court, 26/04/2021,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant by the courts of first instance (in her 2nd administrative-offence case) was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO,
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 officer on whose written statements the applicant’s conviction was based
32093/21
27/10/2021
Denis Viktorovich LEONTYEV
1983
12/09/2017
13/09/2017
Detention as an administrative suspect: no written record of the administrative arrest:
On 04/06/2018 the applicant was convicted of a criminal offence, upheld by the final appeal instance on 21/08/2018.
In 2020 the applicant brought civil proceedings seeking compensation for his allegedly unlawful detention between 12/09/2017 and 13/09/2017, the complaint was dismissed on the grounds that that period of detention had been counted as the applicant’s pre-trial detention and was deduced from his sentence, final decision on 06/10/2021, the Supreme Court of the Russian Federation
41249/21*
26/07/2021
Aleksey Viktorovich SOKIRKO
1974
Memorial Human Rights Centre
Moscow
5.05 p.m. on 22/01/2021
5.30 p.m. on 23/01/2021
Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity, detention as an administrative suspect: the applicant remained in detention after the offence record had been compiled
Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 23/01/2021, Moscow, Article 20.2 § 2 of CAO, detention for 7 days, Moscow City Court, 26/01/2021,
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, 26/01/2021,
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
41254/21*
28/07/2021
Valentin Alekseyevich KHOROSHENIN
2001
Luiza Magomedovna Magomedova
St Petersburg
27/01/2021
27/01/2021
Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity
Art. 10 (1) - conviction for making calls to participate in public events - posting a call on a social network to participate in a rally in support of A. Navalnyy on 22/01/2021, Article 20.2 § 2 of CAO, detention for 7 days, St Petersburg City Court, 04/02/2021;
posting a call on a social network to participate in a rally in support of A. Navalnyy on 27/01/2021, Article 20.2 § 8 of CAO, detention for 7 days, St Petersburg City Court, 25/03/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of administrative proceedings,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately in both sets of administrative proceedings, on account of the lack of suspensive effect of an appeal under the CAO,
Art. 6 (1) - unfair criminal proceedings - the courts in both sets of administrative proceedings ignored the applicant’s arguments about lack of information concerning a public event in his post on a social media,
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, Oktyabrskiy District Court of St Petersburg, 27/01/2021, St Petersburg City Court, 04/02/2021
43407/21*
01/07/2021
Pavel Dmitriyevich SYCHEV
1986
Daniil Alekseyevich Polyakov
Voronezh
23/01/2021, 8.00 a.m.
07/07/2021, 5.30 p.m.
23/01/2021, 4.35 p.m.
08/07/2021, 5.10 p.m.
Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity, detention as an administrative suspect: beyond the three-hour statutory period, detention as an administrative suspect: no evidence/assessment of “exceptional circumstances”, detention as an administrative suspect: the applicant remained in detention 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 - final decisions: Voronezh Regional Court, 04/02/2021 and 09/07/2021,
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 open court police officer on whose written statements the applicant’s conviction was based,
Art. 10 (1) - conviction for making calls to participate in public events – posting on the applicant’s personal account page in the social network "VKontakte" a call on participation in a rally in support of Mr A. Navalnyy scheduled for 23/01/2021, Article 20.2 § 2 of the CAO, detention of 9 days, Voronezh Regional Court, 04/02/2021,
Prot. 7 Art. 2 - Right of appeal against criminal conviction/sentence - the administrative detention was enforced immediately after the decision of the first-instance court on account of the lack of suspensive effect of an appeal under the CAO
43505/21*
12/08/2021
Kseniya Ilyinichna VERSTAKOVA
1996
Dmitriy Igorevich Zakhvatov
Moscow
02/02/2021
03/02/2021
Applicant taken to the police station as an administrative suspect and to establish the suspect’s identity: no evidence/assessment that it was impracticable, on the spot, to compile the offence record, detention as an administrative suspect: beyond the three-hour statutory period
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, 12/02/2021,
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 police officers on whose written statements his conviction was based,
Art. 10 (1) - conviction for making calls to participate in public events - sticking posters calling to take part in the rally to support A. Navalnyy on 02/02/2021, Moscow, Article 20.2 § 2 of CAO, detention of 10 days, Moscow City Court, 12/02/2021
43506/21*
12/08/2021
Vadim Andreyevich SOLOMENNIK
1997
Dmitriy Igorevich Zakhvatov
Moscow
02/02/2021
03/02/2021
Applicant taken to the police station as an administrative suspect for the purposes of compiling an offence record: no written record of the administrative escort, detention as an administrative suspect: beyond the three-hour statutory period
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, 12/02/2021,
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 police officers on whose written statements his conviction was based,
Art. 10 (1) - conviction for making calls to participate in public events - sticking posters calling to take part in the rally to support Navalnyy on 02/02/2021, Moscow, Article 20.2 § 2 of CAO, detention of 10 days, Moscow City Court, 12/02/2021
44233/21
23/08/2021
Anastasiya Aleksandrovna KORSAKOVA
1981
Tatyana Olegovna Galeyeva
Krasnoyarsk
22/01/2022
22/01/2022
Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity
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, 12/01/2022 (date of introduction: 12/07/2022),
Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 21/04/2021, Krasnoyarsk, Article 20.2 § 2 of CAO, fine of RUB 25,000, Krasnoyarsk Regional Court, 10/06/2021;
rally to support A. Navalnyy on 23/01/2021, Krasnoyarsk, Article 20.2 § 2 of CAO, detention of 8 days, Krasnoyarsk Regional Court, 12/01/2022 (date of introduction: 12/07/2022)
53520/21
06/10/2021
Kirill Vladimirovich SEREBRENNIKOV
1996
Roman Yevgenyevich Kachanov
Yekaterinburg
30/01/2021
01/02/2021
Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity
Art. 10 (1) - conviction for making calls to participate in public events - repost of a call to protest in support of A. Navalnyy on 28/01/2021, Article 20.2. § 2 of CAO, fine of RUB 30,000, Sverdlovsk Regional Court, 07/04/2021
57112/21*
29/10/2021
Irina Anatolyevna MALTSEVA
1967
Memorial Human Rights Centre
Moscow
5.13 p.m. on 20/04/2021
10.14 p.m. on 20/04/2021
Applicant taken to the police station as an administrative suspect for the purposes of compiling an offence record: no written record of the administrative escort
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings, - Final decision: Ivanovo Regional Court, 30/04/2021,
Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 21/04/2021, Ivanovo, Article 20.2 § 2 of CAO, detention of 3 days, Ivanovo Regional Court, 30/04/2021,
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
59169/21*
19/11/2021
Evelina Vyacheslavovna BURUTA
1981
Konstantin Aleksandrovich Markin
Velikiy Novgorod
11.20 a.m. on 20/04/2021
13.50 p.m. on 21/04/2021
Detention as an administrative suspect: no evidence/assessment of “exceptional circumstances”
Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 21/04/2021, Velikiy Novgorod, Article 20.2 § 2 of CAO, fine of RUB 20,000, Novgorod Regional Court, 24/05/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Novgorod Regional Court, 24/05/2021
59999/21*
03/12/2021
Stepan Viktorovich SOLODKIY
1987
Ivan Yuryevich Zhdanov
Vilnius
5.45 p.m. on 21/04/2021
3.15 p.m. on 22/04/2021
Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity, detention as an administrative suspect: beyond the three-hour statutory period
Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 21/04/2021, Article 20.2 § 2 of CAO, detention for 1 day, Supreme Court of the Karelia Republic, 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: Supreme Court of the Karelia Republic, 22/06/2021,
Art. 6 (1) - and Art. 6 (3) (d) unfair criminal proceedings - inability to cross-examine in the trial police officers on whose written statements the conviction was based
61697/21*
10/12/2021
Dmitriy Lvovich IVANOV
1984
Memorial Human Rights Centre
Moscow
10 a.m. on 21/04/2021
4 p.m. on 22/04/2021
Applicant taken to the police station as an administrative suspect for the purposes of compiling an offence record: no written record of the administrative escort
Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 21/04/2021, Korsakov, Article 20.2 § 2 of CAO, fine of RUB 10,000, Sakhalin Regional Court, 10/06/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Sakhalin Regional Court, 10/06/2021
8031/22*
14/01/2022
Irina Olegovna LOPATOVA
1996
Aleksandr Vasilyevich Popkov
Sochi
05/05/2018
05/05/2018
Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record to establish the suspect’s identity
Civil proceedings for compensation on account of unlawful deprivation of liberty ended with the decision of 04/08/2021 of the Supreme Court of Russia (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, § 103, 10/04/2018)
8102/22
07/01/2022
Svetlana Vladimirovna SATALKINA
1979
Olimpiada Valentinovna Usanova
Nizhniy Novgorod
12/09/2021
12/09/2021
Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity
Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 12/09/2021, Magnitogorsk, Article 20.2 § 2 of CAO, fine of RUB 10,000, Chelyabinsk Regional Court, 10/03/2021,
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 police officers on whose written statements the conviction was based
8348/22*
25/01/2022
Dmitriy Yakovlevich SHUTOV
1976
Memorial Human Rights Centre
Moscow
31/01/2021
01/02/2021
Detention as an administrative suspect: beyond the three-hour statutory period
8352/22*
25/01/2022
Aleksandr Sergeyevich KOMAROV
1985
Memorial Human Rights Centre
Moscow
02/09/2021
09/09/2021
02/09/2021
10/09/2021
Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity
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, 17/09/2021,
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,
Art. 10 (1) - disproportionate measures against solo demonstrators - solo demonstration in support of political prisoners on 02/09/2021, Irkutsk, Article 20.2 § 2 of CAO, detention of 9 days, Irkutsk Regional Court, 17/09/2021,
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
8428/22
19/01/2022
Krasimir Khristov VRANSKI
1981
Varvara Dmitriyevna Mikhaylova
St Petersburg
19/01/2021
20/01/2021
Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity, delay of more than a few hours in releasing the applicant
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, 20/07/2021,
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,
Art. 10 (1) - conviction for making calls to participate in public events - call to participate in an eco-rally published on a social network "Vkontakte" on 19/01/2021, St Petersburg, Article 20.2 § 2 of CAO, fine of RUB 25,000, St Petersburg City Court, 20/07/2021
9127/22
27/01/2022
Konstantin Dmitriyevich RASPOPOV
1995
Mikhail Alekseyevich Gorshenev
Voronezh
7.30 p.m. on 21/12/2020
5 p.m. on 22/12/2020
Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity, detention as an administrative suspect: no evidence/assessment of “exceptional circumstances”, detention as an administrative suspect: the applicant remained in detention 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 - Final decision: Moscow City Court, 29/07/2021,
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 police officers on whose written statements the conviction was based
11105/22*
10/02/2022
Dmitriy Andreyevich URYUPIN
1966
Nikolay Sergeyevich Zboroshenko
Mytishchi
02/03/2021
02/03/2021
Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity
Art. 10 (1) - conviction for making calls to participate in public events - call to organise an opposition gathering on 14/02/2021, Moscow, Article 20.2 § 2 of CAO, fine of RUB 20,000, Moscow 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 - Final decision: Moscow City Court, 07/09/2021,
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 police officers on whose written statements the conviction was based
12124/22
01/02/2022
Mikhail Alekseyevich GUSEV
2000
Memorial Human Rights Centre
Moscow
21/04/2021
22/04/2021
Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity, detention (criminal) for more than three hours without any written record, detention as an administrative suspect: beyond the three-hour statutory period
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Ivanovo Regional Court, 25/08/2021,
Art. 10 (1) - disproportionate measures against solo demonstrators - solo picketing in support of A. Navalnyy on 21/04/2021, Ivanovo, Article 20.2. § 5 of CAO, fine of RUB 10,000, Ivanovo Regional Court, 25/08/2021
17198/22*
16/03/2022
Mikhail Yuryevich CHIMAROV
2000
Konstantin Aleksandrovich Markin
Velikiy Novgorod
27/02/2022
01/03/2022
Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity, detention as an administrative suspect: beyond the three-hour statutory period
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, 05/03/2022,
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,
Art. 10 (1) - disproportionate measures against solo demonstrators - anti-war solo protest on 27/02/2022, Nizhniy Novgorod, Article 20.2 § 8, detention of 12 days, Nizhniy Novgorod Regional Court, 05/03/2022
22656/22*
28/03/2022
Sergey Gennadyevich ROSS
1986
Natalya Andreyevna Baranova
Moscow
24/09/2021
25/09/2021
Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity, detention as an administrative suspect: beyond the three-hour statutory period, detention as an administrative suspect: the applicant remained in detention 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 - Final decision: Moscow City Court, 28/09/2021,
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,
Art. 10 (1) - conviction for making calls to participate in public events - posting a call on social media to participate in a meeting with communist party deputies on 20/09/2021, Moscow, Article 20.2. § 2 of CAO, detention of 9 days, Moscow City Court, 28/09/2021,
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
39798/22
02/08/2022
Yekaterina Yevgenyevna BUBNOVA
1996
Mariya Sergeyevna Zyryanova
St Petersburg
02/03/2022
03/03/2022
Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity, detention as an administrative suspect: no evidence/assessment of “exceptional circumstances”
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 Peterburg City Court, 05/04/2022,
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 police officers on whose written statements the conviction was based,
Art. 10 (1) - conviction for making calls to participate in public events - protest against war in Ukraine on 27/02/2022, St Petersburg, Article 20.2 § 2 of CAO, fine of RUB 20,000, St Peterburg City Court, 05/04/2022,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention of 7 days imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
54968/22
28/10/2022
Mikhail Viktorovich KORENEVSKIY
1986
06/05/2022
07/05/2022
Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity, detention as an administrative suspect: the applicant remained in detention 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 - Final decision: Moscow City Court, 28/06/2022,
Art. 10 (1) - conviction for making calls to participate in public events - protest against war in Ukraine on 09/05/2022, Moscow, Article 20.3.3 § 1 of CAO, fine of RUB 50,000, Moscow City Court, 28/06/2022
10033/23*
13/02/2023
Ilya Yevgenyevich VORONTSOV
1991
10.30 a.m. on 11/09/2022
6 p.m. on 11/09/2022
Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity
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, 13/10/2022,
Art. 10 (1) - various restrictions on the right to freedom of expression - anti-war drawings on the ballot paper during elections of 11/09/2022, Moscow, Article 20.3.3 § 1 of the CAO, Nagatinskiy District Court, 11/09/2022, fine of RUB 50,000, Moscow City Court, 13/10/2022
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