Published on 8 January 2024
FOURTH SECTION
Application no. 3125/22
Olga Petrovna POPOVA against Russia
and 20 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 / criminal offence
Penalty
Final domestic decision
Court Name
Date
Other complaints under well-established case-law
3125/22*
02/12/2021
Olga Petrovna POPOVA
1997
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
St Petersburg
02/02/2021
article 20.2.2. § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
03/06/2021
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 her conviction was based
17187/22
14/03/2022
Vasiliy Aleksandrovich VYALUSHKIN
1986
Natalya Andreyevna Baranova
Moscow
Rally “Free Navalnyy”
St Petersburg
21/04/2021
article 20.2.2 § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
16/09/2021
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 her conviction was based
29355/22
27/05/2022
Mariya Nikolayevna MOKINA
1997
Olga Vladimirovna Sirinova
St Petersburg
Anti-war protest
St Petersburg
02/03/2022
article 20.2.2. § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
07/04/2022
Art. 5 (1) - unlawful d detention - escorting to and detention at the police station before and after compiling an offence report from 8.30 p.m. on 02/03/2022 until 2.00 p.m. on 03/03/2022,
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 open court the police officers on whose written statements his conviction was based
37621/22*
12/07/2022
Valeriy Dmitriyevich YEZHOV
1995
Vera Borisovna Mangileva
Yekaterinburg
Anti-war protest
Yekaterinburg
06/03/2022
article 20.2 § 5 of CAO
30 hours of community service
Sverdlovsk Regional Court
09/06/2022
Art. 5 (1) - unlawful detention - arrest and escorting to the police station 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,
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 his conviction was based
37853/22*
22/07/2022
Katerina Sergeyevna BUSH
1987
Natalya Andreyevna Baranova
Moscow
Anti-war protest
St Petersburg
27/02/2022
article 20.2.2 § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
05/04/2022
Art. 5 (1) - unlawful detention - arrest and escorting to the police station on 27/02/2022 for the sole purpose of drawing a record of administrative offence; detention in excess of 3 hours until the court hearing on 28/02/2022;
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 open court the police officers on whose written statements her conviction was based
39796/22*
03/08/2022
Valeriy Andreyevich KANIN
1986
Natalya Andreyevna Baranova
Moscow
Anti-war protest
St Petersburg
01/03/2022
article 20.2.2 § 1 of CAO
fine of RUB 6,000
St Petersburg City Court
07/04/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station before and after compiling an offence report, from 7.50 p.m. on 01/03/2022 until the court hearing at 12.15 p.m. on 02/03/2022;
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 open court the police officers on whose written statements his conviction was based
44630/22
26/08/2022
Margarita Viktorovna FESENKO
2003
Ilya Valeryevich Tkachenko
Kogalym
Anti-war protest
St Petersburg
24/02/2022
article 20.2.2 § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
26/04/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station from 8.30 p.m. on 24/02/2022 until the court hearing at 2 p.m. on 25/02/2022;
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 his conviction was based
44839/22*
15/08/2022
Mikhail Dmitriyevich ZABELIN
2000
Anti-war protest
St Petersburg
27/02/2022
article 20.2.2 § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
21/04/2022
Art. 5 (1) - unlawful detention - detention in a police car from 5.15 p.m. until 6.50 p.m. on 27/02/2022, then escorting to the police station for compiling an offence report and detention at the police station until 11.30 p.m. 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;
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
45958/22
07/09/2022
Yana Valeryevna LEBEDEVA
2002
Ilya Valeryevich Tkachenko
Kogalym
Anti-war protest
St Petersburg
24/02/2022
article 20.2.2 § 1 of CAO
fine of RUB 15,000
St Petersburg City Court
17/05/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 8.50 p.m. on 24/02/2022 until 12 p.m. on 25/02/2022;
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 his conviction was based
46123/22*
24/08/2022
Ilya Yevgenyevich SAKHNO
1999
Anti-war protest
St Petersburg
06/03/2022
article 20.2.2 § 1 of CAO
detention for 10 days
St Petersburg City Court
28/04/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 3.50 p.m. on 06/03/2022 until 2 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 his 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
46375/22*
05/09/2022
Dmitriy Vladimirovich SERGEYEV
1984
Aleksandr Dmitriyevich Peredruk
St Petersburg
Anti-war protest
St Petersburg
06/03/2022
article 20.2.2 § 1 of CAO
fine of RUB 15,000
St Petersburg City Court
31/05/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 3.30 p.m. until 9.40 p.m. on 06/03/2022
47537/22
15/09/2022
Dariya Birkhanovna SHCHEGLOVA
1998
Leonid Leonidovich Krikun
St Petersburg
Anti-war protest
St Petersburg
06/03/2022
article 20.2.2 § 1 of CAO
community service of 40 hours
St Petersburg City Court
24/05/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 6.50 p.m. on 06/03/2022 until 09.20 a.m. on 07/03/2022;
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 open court police officers on whose written statements the applicant’s conviction was based
47618/22*
12/09/2022
Darya Vladimirovna SPASSKAYA
2001
Nataliya Andreyevna Baranova
Moscow
Anti-war protest
St Petersburg
25/02/2022
article 20.2.2 § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
12/05/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 8 p.m. on 25/02/2022 to 5.45 p.m. on 26/02/2022
47939/22
12/09/2022
Anastasiya Aleksandrovna KOLOMYTSEVA
1996
Dmitriy Georgiyevich Gerasimov
St Petersburg
Anti-war protest
St Petersburg
27/02/2022
article 20.2.2 § 1 of CAO
fine of RUB 15,000
St Petersburg City Court
14/06/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 7.55 p.m. on 27/02/2022 until the court hearing on 28/02/2022;
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 police officers on whose written statements the applicant’s conviction was based
47943/22
12/09/2022
Yelizaveta Alekseyevna RUBSHINA
1994
Dmitriy Georgiyevich Gerasimov
St Petersburg
Anti-war protest
St Petersburg
27/02/2022
article 20.2.2 § 1 of CAO
fine of RUB 19,000
St Petersburg City Court
17/05/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station from 27/02/2022 to 28/02/2022 for the sole purpose of drawing up an administrative 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 applicant’s conviction was based
47950/22*
15/09/2022
Valeriya Aleksandrovna CHEMERISOVA
1999
Anti-war protest
Voronezh
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Voronezh Regional Court
02/06/2022
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 open court the police officers on whose written statements her conviction was based
54405/22*
26/10/2022
Sergey Aleksandrovich ZOLOTAREV
1996
Anti-war protest
St Petersburg
02/03/2022
article 20.2.2 § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
28/06/2022
Art. 5 (1) - unlawful detention - from 7.40 p.m. on 02/03/2022 to 4.10 p.m. on 03/03/2022. The applicant was taken to the police station for the sole purpose of drawing up an administrative 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 officer on whose written statements the applicant’s conviction was based
55758/22*
09/11/2022
Alisa Vitalyevna MATVEYCHUK
1999
Anti-war protest
St Petersburg
06/03/2022
article 20.2.2 § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
19/07/2022
Art. 5 (1) - unlawful detention -from 5.15 p.m. on 06/03/2022 to 00.30 a.m. on 07/03/2022. The applicant was taken to the police station for the sole purpose of drawing up an administrative offence record;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
1180/23*
19/12/2022
Evelina Mindaugo GUDAUSKAYTE
1999
Anti-war protest
St Petersburg
06/03/2022
article 20.2.2 § 1 of CAO
fine of RUB 15,000
St Petersburg City Court
23/08/2022
Art. 5 (1) - unlawful detention -from 3.50 p.m. on 06/03/2022 to 00.20 p.m. on 07/03/2022. The applicant was taken to the police station for the sole purpose of drawing up an administrative offence record;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
3123/23*
23/12/2022
Daniil Dmitriyevich POGUDIN
1997
Mikhail Germanovich Shiolashvili
St Petersburg
Anti-war protest
St Petersburg
27/02/2022
article 20.2.2 § 1 of CAO
fine of RUB 15,000
St Petersburg City Court
25/08/2022
Art. 5 (1) - unlawful detention -escorting to and detention at the police station on 27/02/2022 for compiling an offence report;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
9414/23*
09/02/2023
Olga Borisovna CHERNOMORETS
2001
Anti-war protest
St Petersburg
06/03/2022
article 20.2.2 § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
11/10/2022
Art. 5 (1) - unlawful detention from 4 p.m. on 06/03/2022 to 1 p.m. on 07/03/2022. The applicant was taken to the police station for the sole purpose of drawing up an administrative offence record
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