Published on 30 October 2023
FIFTH SECTION
Application no. 1469/19
Igor Mikhaylovich POTAPOV against Russia
and 17 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 5 October 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 charges
Penalty
Final domestic decision
Court Name
Date
Other complaints under well-established case-law
1469/19*
14/12/2018
Igor Mikhaylovich POTAPOV
1951
Aleksey Vladimirovich Glukhov
Novocheboksarsk
Opposition rally
Cheboksary
05/05/2018
article 20.2 § 5 of CAO
and
article 20.2 § 5 of CAO
fine of RUB 10,000
and
community work of 20 hours
Supreme Court of the Chuvashia Republic
24/07/2018
and
Supreme Court of the Chuvashia Republic
24/07/2018
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - two sets of administrative offence proceedings under Article 20.2 § 5 of the CAO,
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - two sets of proceedings ending with the two separate final decisions issued on 24/07/2018 by the Supreme Court of the Chuvashia Republic; conviction under Art. 20.2 § 5 CAO (twice); overlap of the facts constituting the basis for the applicant’s prosecution and punishment in the two sets of proceedings, with substantially the same facts underlying his convictions concerning one and same "hybrid" rally
1480/19*
14/12/2018
Valeryan Valeryevich VIKTOROV
1971
Aleksey Vladimirovich Glukhov
Novocheboksarsk
Opposition rally
Cheboksary
05/05/2018
article 20.2 § 5 of CAO
and
article 20.2 § 5 of CAO
community work of 20 hours
and
fine of RUB 10,000
Supreme Court of the Chuvashia Republic
24/07/2018
and
Supreme Court of the Chuvashia Republic
24/07/2018
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - two sets of the CAO proceedings,
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - two separate final decisions in two sets of the proceedings issued on 24/07/2018 by the Supreme Court of the Chuvashia Republic; conviction under Art. 20.2 § 5 CAO (twice); overlap of the facts constituting the basis for the applicant’s prosecution and punishment in the two sets of proceedings, with substantially the same facts underlying his convictions concerning one and same "hybrid" rally
23372/19*
09/04/2019
Aleksandr Vladimirovich KHMELEV
1996
Maksim Vladimirovich Olenichev
St Petersburg
LGBT-rights event
St Petersburg
04/08/2018
article 20.2 § 8 of CAO
fine of RUB 170,000
St Petersburg City Court
09/10/2018
Art. 5 (1) - unlawful detention –
(i) arrest, escorting to the police station and detention on 04/08/2018 for compiling an offence report, and
(ii) escorting to and detention at the police station after compiling an offence report for more than 18 hours between 06/08/2018 and 07/08/2018, as administrative suspect, pending trial,
Art. 6 (1) - Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence,
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.
23949/21*
17/04/2021
Aleksey Olegovich ZAKOLYUKIN
1996
Andrey Yevgenyevcich Shchukin
Nizhniy Tagil
Rally in support of A.Navalnyy
Yekaterinburg
31/01/2021
article 20.2 § 5 of CAO
community service of 30 hours
Sverdlovsk Regional Court
25/03/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 31/01/2021 for the sole purpose of drawing up a record of administrative offence
24866/21*
15/04/2021
Armen Vitalyevich KUCHUKYAN
1994
Vladimir Valeryevich Vasin
Krasnoyarsk
Rally in support of S.Furgal
Krasnoyarsk
01/08/2020
article 20.2 § 5 of CAO
fine of RUB 15,000
Krasnoyarsk Regional Court
22/10/2020
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
30224/21*
15/05/2021
Ivan Sergeyevich RUDAKOV
1989
Mansur Idrisovich Gilmanov
Podolsk
Rally against Constitutional Amendments
Moscow
15/07/2020
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Moscow City Court
16/11/2020
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 15/07/2020 and 16/07/2020 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,
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.
33163/21*
15/06/2021
Sergey Vasilyevich PETROV
1961
Konstantin Vladimirovich Bubon
Khabarovsk
Rally in support of S.Furgal
Khabarovsk
17/09/2020
article 20.2 § 8 of CAO
administrative detention of 5 days
Khabarovsk Regional Court
17/12/2020
Art. 5 (1) - unlawful detention - arrest and detention between 24/09/2020 and 25/09/2020 as administrative suspect, pending trial, after the offence record had been drawn up,
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
37880/21*
12/07/2021
Anna Sergeyevna PUSHKINA
1990
Darya Dmitriyevna Aksenova
Kolomna
Rally in support of A.Navalnyy
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Moscow City Court
26/04/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 31/01/2021 for the sole 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,
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
45857/21*
27/08/2021
Ilya Vladimirovich LESHUKOV
2003
Aleksey Mikhaylovich Kychin
Arkhangelsk
Rally in support of A.Navalnyy
Arkhangelsk
31/01/2021
Rally in support of A.Navalnyy
Arkhangelsk
21/04/2021
article 20.2 § 2 of CAO
article 20.2 § 8 of CAO
community works of 40 hours
fine of RUB 75,000
Arkhangelsk Regional Court
06/04/2021
Arkhangelsk Regional Court
10/06/2021
Art. 5 (1) - unlawful detention – arrest, escorting to a police station, detention from 27/04/2021 to 28/04/2021 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 (two sets of the proceedings, final decisions: Arkhangelsk Regional Court, 06/04/2021 and 10/06/2021),
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 (two sets of the proceedings)
48625/21
20/09/2021
Tatyana Aleksandrovna SHESTAKOVA
1997
Vladimir Valeryevich Vasin
Krasnoyarsk
Rally in support of A.Navalnyy
Krasnoyarsk
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Krasnoyarsk Regional Court
13/05/2021
Art. 5 (1) - unlawful detention – arrest, escorting to a police station on 31/01/2021 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.
56617/21*
27/10/2021
Dmitriy Viktorovich DELOV
1991
MOO MEMORIAL Human Rights Centre
St Petersburg
Rally in support of A.Navalnyy
St Petersburg
31/01/2021
article 20.2.2 § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
27/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 2.40 p.m. until 10.40 p.m. on 31/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
59192/21*
01/11/2021
Anastasiya Vladimirovna VISHNEVSKAYA
1998
Konstantin Aleksandrovich Markin
Velikiy Novgorod
Rally in support of A.Navalnyy
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
administrative detention of 5 days
Moscow City Court
07/06/2021
Art. 5 (1) - unlawful detention – arrest, escorting to and detention at the police station after compiling an offence report, from 11.20 p.m. on 02/02/2021 until 3 p.m. on 03/02/2021,
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 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.
4459/22*
18/01/2022
Yelena Anatolyevna SHUVALOVA
1956
Rally in support of A.Navalnyy
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
23/06/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 8 (2) - restrictions on the right to private life of participants in public assemblies - use of facial recognition technology for the identification of the applicant as a participant of a rally and his/her subsequent conviction (raised on appeal).
7498/22*
31/01/2022
Petr Valeryevich OVCHINNIKOV
1967
Ivan Yuryevich Zhdanov
Vilnius
Rally in support of A.Navalnyy
Perm
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Perm Regional Court
15/09/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 31/01/2021 for the sole purpose of drawing up a record of administrative offence
28397/22*
25/05/2022
Sergey Valeryevich BARTENEV
1998
Irina Aleksandrovna Yatsenko
Moscow
Rally in support of A.Navalnyy
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 15,000
Moscow City Court
25/01/2022
Art. 5 (1) - unlawful detention – arrest, escorting to a police station, detention between 31/01/2021 to 01/02/2021 as administrative suspect, after the offence report 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.
36528/22
04/07/2022
Andrey Yuryevich TEREKHIN
1981
Anna Yevgenyevna Bochilo
Barnaul
Manifestation against the war in Ukraine
Novosibirsk
24/02/2022
article 19.3 § 1 of CAO
and
article 20.2 § 2 of CAO
fine of RUB 4,000
and
administrative detention of 8 days
Novosibirsk Regional Court
15/06/2022
and
Novosibirsk Regional Court
04/03/2022
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 24/02/2022 and 25/02/2022 as an administrative suspect, pending trial and after the offence record had been already compiled,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of the 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 (all the three sets of the administrative-offence proceedings),
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention (8 days, proceedings under Article 20.2-2 of the CAO) imposed on the applicant on 26/02/2022 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO,
Art. 10 (1) - conviction for making calls to participate in public events - the applicant was convicted under article 20.2-2 of the CAO for making calls, during the public event on 24/02/2022, for participation in another anti-war rally scheduled for 26/02/2022; he was sentenced to administrative detention of 10 days (final judgment: on 01/06/2022, by the Novosibirsk Regional Court)
38960/22
30/07/2022
Mariya Vladimirovna TSYGANKOVA
1999
Roman Olegovich Zaytsev
Volgograd
Rally against the war in Ukraine
Volgograd
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Volgograd Regional Court
31/03/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 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,
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.
40270/22*
30/07/2022
Yelena Leonidovna SENKOVETS
1965
Olimpiada Valentinovna Usanova
Nizhniy Novgorod
Anti-war protest
Nizhniy Novgorod
24/02/2022
article 20.2 § 5 of CAO
fine of RUB 15,000
Nizhniy Novgorod Regional Court
22/06/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
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