Published on 5 February 2024
FIRST SECTION
Application no. 64176/17
Nina Mikhaylovna POPOVA against Russia
and 9 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
64176/17*
25/08/2017
Nina Mikhaylovna POPOVA
1979
Memorial Human Rights Centre
Moscow
Protest (display of a banner) against corruption of sports judges
Krasnodar region
19/01/2017
article 20.2 § 2 of CAO
45 hours of community work
Krasnodar Regional Court
27/02/2017
Art. 5 (1) - unlawful detention - detention at the police station for compiling an offence record between 5:19 p.m. on 19/01/2017 and 2:00 p.m. of 20/01/2017 when the applicant was transferred to the court
71097/17*
18/09/2017
Andrey Vasilyevich ZHUZHGOV
1969
Aleksandr Vasilyevich Popkov
Sochi
Anti-corruption rally
Krasnodar
26/03/2017
article 19.3 § 1 of CAO
detention for 10 days
Krasnodar Regional Court
06/04/2017
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 2:00 p.m. and 6:00 p.m. on 26/03/2017,
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) (c) - applicant’s absence from criminal proceedings - the applicant was not notified about the appeal court hearing which was held in his absence,
Art. 6 (1) - and Art. 6 (3) (c) - unfair criminal proceedings due to lack of legal representation - the applicant’s lawyer had been notified about the appeal court hearing only 3,5 hours before it took place and the appeal court hearing was held in the absence of the applicant’s lawyer,
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
74235/17*
06/10/2017
Konstantin Yuryevich SHEVANDOV
1998
Aleksandr Vasilyevich Popkov
Sochi
Anti-corruption rally
Krasnodar
26/03/2017
article 19.3 § 1 of CAO
detention for 10 days
Krasnodar Regional Court
06/04/2017
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 2:00 p.m. and 6:30 p.m. on 26/03/2017,
Art. 6 (1) - and Art. 6 (3) (c) - applicant’s absence from criminal proceedings - the applicant had been notified about the appeal court hearing only 3 hours before it was held; the appeal hearing was held in his absence,
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,
Art. 6 (1) - and Art. 6 (3) (c) - unfair criminal proceedings due to lack of legal representation - the applicant’s lawyer had been notified about the appeal court hearing only 3 hours before it took place and the appeal court hearing was held in the absence of the applicant’s lawyer,
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
74347/17*
06/10/2017
Denis Andreyevich PAVLOV
1993
Aleksandr Vasilyevich Popkov
Sochi
Anti-corruption rally
Krasnodar
26/03/2017
article 19.3 § 1 of CAO
detention for 10 days
Krasnodar Regional Court
06/04/2017
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 2:00 p.m. and 6:00 p.m. on 26/03/2017,
Art. 6 (1) - and Art. 6 (3) (c) - applicant’s absence from criminal proceedings - the applicant was not notified about the appeal court hearing which was held in his absence,
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,
Art. 6 (1) - and Art. 6 (3) (c) - unfair criminal proceedings due to lack of legal representation - the appeal court hearing was held in the absence of the applicant’s lawyer,
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
74353/17*
06/10/2017
Yevgeniy Pavlovich ONANCHENKO
1968
Aleksandr Vasilyevich Popkov
Sochi
Anti-corruption rally
Krasnodar
26/03/2017
article 19.3 § 1 of CAO
detention for 15 days
Krasnodar Regional Court
06/04/2017
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record on 26/03/2017,
Art. 6 (1) - and Art. 6 (3) (c) - applicant’s absence from criminal proceedings - the appeal court hearing was held in the applicant’s absence,
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,
Art. 6 (1) - and Art. 6 (3) (c) - unfair criminal proceedings due to lack of legal representation - the applicant’s lawyer had been notified about the appeal court hearing less than 3 hours before it took place and the appeal court hearing was held in the absence of the applicant’s lawyer,
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
78721/17
03/11/2017
Olga Vladimirovna KURDELYAS
1991
Aleksey Vladimirovich Glukhov
Novocheboksarsk
Rally for protection of environment
Cheboksary
26/03/2017
Rally for protection of environment
Cheboksary
26/03/2017
article 19.3 § 1 of CAO
article 20.2 § 5 of CAO
fine of RUB 1,000
fine of RUB 15,000
Supreme Court of the Republic of Chuvashia
04/05/2017
Supreme Court of the Republic of Chuvashia
07/09/2017
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 the proceedings
79492/17*
20/10/2017
Viktor Viktorovich CHIRIKOV
1962
Aleksandr Vasilyevich Popkov
Sochi
Anti-corruption rally
Krasnodar
26/03/2017
article 19.3 § 1 of CAO
article 20.2 § 6.1 of CAO
detention of 3 days
detention for 3 days
Krasnodar Regional Court
26/04/2017
Krasnodar Regional Court
26/04/2017
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 6:00 p.m. and 10 p.m. on 26/03/2017,
Art. 6 (1) - and Art. 6 (3) (c) - applicant’s absence from criminal proceedings - the applicant was not notified about the appeal court hearing which was held in his absence,
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,
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 the 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 – in both sets of the proceedings,
Art. 6 (1) - lack of fair hearing - refusal to allow evidence in support of the applicant’s account of events (video records of his arrest) – both sets of the proceedings
3115/18*
16/12/2017
Dmitriy Igorevich REZNICHENKO
1990
Ernest Aleksandrovich Mezak
Saint-Barthélemy-d’Anjou
Anti-corruption rally
Komsomolsk-on-Amur
26/03/2017
article 19.3 § 1 of CAO
detention for 2 days
Khabarovsk Regional Court
16/06/2017
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 2:10 p.m. on 26/03/2017 and 2:00 p.m. on 27/03/2017,
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 proceedings (concerning the events of March 2017 and September 2018),
Art. 6 (3) (b) - adequate time/facilities for preparation of defence - the administrative hearing took place soon after the applicant was charged with an administrative offence, on the same day,
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
3504/18
03/01/2018
Anton Igorevich TEREKHIN
1984
Konstantin Ilyich Terekhov
Moscow
Anti-corruption rally
Vladivostok
26/03/2017
article 20.2 § 5 of CAO
fine of RUB 10,000
Primorye Regional Court
03/07/2017
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record on 26/03/2017,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4138/18*
20/12/2017
Sergey Vladimirovich ANDREYEV
1978
Konstantin Ilyich Terekhov
Moscow
Anti-corruption rally
Almetyevsk
12/06/2017
article 20.2 § 2 of CAO
detention for 5 days
Supreme Court of the Republic of Tatarstan
21/06/2017
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence 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, on account of the lack of suspensive effect of an appeal under the CAO,
Art. 6 (1) - and Art. 6 (3) (c) - applicant’s absence from criminal proceedings - the applicant was not able to take part in the appeal hearing of his case via video link because the appeal court allegedly did not establish a connection.