Published on 30 October 2023
SECOND SECTION
Application no. 52479/22
Nikita Andreyevich RADCHENKO against Russia
and 9 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
52479/22*
03/11/2022
Nikita Andreyevich RADCHENKO
1994
Natalya Andreyevna
Baranova
Moscow
Manifestation against the war in Ukraine
Moscow
24/02/2022
article 20.2 § 5 of CAO
fine of
RUB 20,000
Moscow City Court
05/07/2022
Art. 5 (1) - unlawful detention - on 24/02/2022 the applicant was escorted to the police station as an administrative suspect: no evidence/ assessment that it was impracticable, on the spot, to compile the offence record
(Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia,
no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019). Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia,
nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018);
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
52480/22*
27/10/2022
Petr Andreyevich GOROVTSOV
2002
Manifestation against the war in Ukraine
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of
RUB 15,000
Moscow City Court
29/06/2022
Art. 5 (1) - unlawful detention - on 06/03/2022 the applicant was escorted to the police station as an administrative suspect: no evidence/ assessment that it was impracticable, on the spot, to compile the offence record
(Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia,
no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019).
Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia,
nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018);
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based.
52966/22
29/10/2022
Maksim Yevgenyevich ZLOBOV
1991
Mariya Olegovna Eysmont
Moscow
Manifestation against the war in Ukraine
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of
RUB 15,000
Moscow City Court
29/06/2022
Art. 5 (1) - unlawful detention - on 06/03/2022 the applicant was escorted to the police station as an administrative suspect: no evidence/ assessment that it was impracticable, on the spot, to compile the offence record
(Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia,
no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019);
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based.
53608/22*
29/10/2022
Kristina Stanislavovna ZVEZHINSKAYA
1991
Manifestation against the war in Ukraine
Moscow
04/03/2022
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
01/07/2022
Art. 5 (1) - unlawful detention - on 04/03/2022 the applicant was escorted to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record
(Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia,
no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019);
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
55548/22
15/11/2022
Darya Yevgenyevna MUSIYENKO
2002
Natalya Andreyevna Baranova
Moscow
Manifestation against the war in Ukraine
Moscow
01/03/2022
article 20.2 § 5 of CAO
fine of
RUB 20,000
Moscow City Court
15/07/2022
Art. 5 (1) - unlawful detention - on 01/03/2022 the applicant was escorted to the police station as an administrative suspect: no evidence/
assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia,
no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019).
Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia,
nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018);
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based.
55704/22*
16/11/2022
Oksana Ivanovna TARASYUK
1971
Natalya Andreyevna Baranova
Moscow
Manifestation against the war in Ukraine
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of
RUB 20,000
Moscow City Court
21/07/2022
Art. 5 (1) - unlawful detention - on 06/03/2022 the applicant was escorted to the police station as an administrative suspect: no evidence/
assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia,
no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019).
Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia,
nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018);
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based.
55793/22
05/11/2022
Dmitriy LOGINOV
1980
Natalya Andreyevna Baranova
Moscow
Manifestation against the war in Ukraine
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of
RUB 20,000
Moscow City Court
05/07/2022
Art. 5 (1) - unlawful detention - on 06/03/2022 the applicant was escorted to the police station as an administrative suspect: no evidence/ assessment that it was impracticable, on the spot, to compile the offence record
(Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia,
no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019).
Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia,
nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018);
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based.
55808/22*
12/11/2022
Inna Dmitriyevna LIVADNAYA
1959
Natalya Andreyevna Baranova
Moscow
Manifestation against the war in Ukraine
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of
RUB 20,000
Moscow City Court
13/07/2022
Art. 5 (1) - unlawful detention - on 06/03/2022 the applicant was escorted to the police station as an administrative suspect: no evidence/ assessment that it was impracticable, on the spot, to compile the offence record
(Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia,
no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019)
Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia,
nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018);
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based.
55811/22*
23/11/2022
Maksim Anatolyevich ALESHIN
1985
Manifestation against the war in Ukraine
Moscow
24/02/2022
article 20.2 § 5 of CAO
fine of
RUB 20,000
Moscow City Court
29/07/2022
Art. 5 (1) - unlawful detention - on 24/02/2022 the applicant was escorted to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record
(Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia,
no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019).
Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018);
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based.
55813/22
05/10/2022
Irina Vladimirovna MIKHAYLOVA
1969
Manifestation against the war in Ukraine
Moscow
28/02/2022
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
21/07/2022
Art. 5 (1) - unlawful detention - on 28/02/2022 the applicant was escorted to the police station as an administrative suspect: no evidence/ assessment that it was impracticable, on the spot, to compile the offence record
(Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia,
no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019).
Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia,
nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018);
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based.
Full & Egal Universal Law Academy