Published on 5 February 2024
FOURTH SECTION
Application no. 6342/22
Chingizkhan Azizbayevich RAKHMATULLAYEV against Russia
and 15 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
6342/22
24/12/2021
Chingizkhan Azizbayevich RAKHMATULLAYEV
1996
Memorial Human Rights Centre
Moscow
Rally in support of A. Navalnyy
St Petersburg
21/04/2021
article 20.2.2 § 1 of CAO
administrative detention of 1 day
St Petersburg City Court
24/06/2021
Art. 5 (1) - unlawful detention - arrest, escorting to and detention at the police station between 21/04/2021 and 23/04/2021 after 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 - impossibility to cross-examine in the trial the police officers on whose written statements his conviction was based
13988/22*
17/02/2022
Anastasiya Vasilyevna KAZANOVA
1997
Sergey Viktorovich Podolskiy
St Petersburg
Rally in support of A. Navalnyy
St Petersburg
21/04/2021
article 20.2.2. § 1 of CAO
administrative detention of 4 days
St Peterburg City Court
24/08/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station between 21/04/2021 and 22/04/2021 as administrative suspect, pending trial and after 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,
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
28654/22*
27/05/2022
Yakov Andreyevich VARNAYEV
2001
Olga Vladimirovna Sirinova
St Petersburg
Anti-war rally
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 detention - escorting to and detention at the police station between 02/03/2022 and 03/03/2022 as administrative suspect, pending trial and after the offence record had been compiled,
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
28667/22*
27/05/2022
Dmitriy Vladimirovich GAVRIKOV
1999
Olga Vladimirovna Sirinova
St Petersburg
Anti-war rally
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 detention - escorting to and detention at the police station record between 02/03/2022 and 03/03/2022 as administrative suspect, pending trial and after the offence record had been compiled,
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
41730/22
11/08/2022
Darya Igorevna DRESVYANSKAYA
1989
Mariya Sergeyevna Zyryanova
St Petersburg
Anti-war rally
St Petersburg
06/03/2022
article 20.2.2 § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
12/04/2022
Art. 5 (1) - unlawful detention - arrest, escorting to the police station and detention between 06/03/2022 and 07/03/2022 as administrative suspect, pending trial and 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,
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
41822/22
11/08/2022
Alina Aleksandrovna GREBINA
2000
Mariya Sergeyevna Zyryanova
St Petersburg
Anti-war rally
St Petersburg
06/03/2022
article 20.2.2 § 1 of CAO
fine of RUB 15,000
St Petersburg City Court
12/04/2022
Art. 5 (1) - unlawful detention - arrest, escorting to the police station and detention between 06/03/2022 and 07/03/2022 as administrative suspect, pending trial and 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,
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
43627/22*
19/08/2022
Aleksandr Sergeyevich LENKEVICH
1989
Anti-war rally
St Petersburg
06/03/2022
article 20.2.2 § 1 of CAO
fine of RUB 20,000
St Petersburg City Court
21/04/2022
Art. 5 (1) - unlawful detention - arrest, escorting to the police station and detention between 06/03/2022 and 07/03/2022 as administrative suspect, pending trial and 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,
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
43960/22
18/08/2022
Ilya Sergeyevich KOLMAKOV
1982
Mariya Sergeyevna Zyryanova
St Petersburg
Anti-war rally
St Petersburg
06/03/2022
article 20.2.2 § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
19/04/2022
Art. 5 (1) - unlawful detention – arrest, escorting to a police station, detention between 06/03/2022 and 07/03/2022 as administrative suspect, pending trial and 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,
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
44437/22
19/08/2022
Anna Kirillovna SMAZNOVA
1998
Nikifor Yuryevich Ivanov
St Petersburg
Anti-war rally
St Petersburg
24/02/2022
article 20.2.2 § 1 of CAO
fine of RUB 5,000
St Petersburg City Court
19/04/2022
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 24/02/2022 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 officers on whose written statements the conviction was based
44590/22
18/08/2022
Artem Anatolyevich ANDREYEV
1989
Nikifor Yuryevich Ivanov
St Petersburg
Anti-war protest
St Petersburg
24/02/2022
article 20.2.2 § 1 of CAO
fine of RUB 5,000
St Petersburg City Court
19/04/2022
Art. 5 (1) - unlawful detention - arrest, escorting to and detention at the police station on 24/02/2022 for the sole purpose of drawing up 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 - the applicant complained about inability to cross-examine in the trial police officers on whose written statements his conviction was based
45804/22*
25/08/2022
Tatyana Sergeyevna ROSTALNAYA
1993
Anti-war rally
St Petersburg
27/02/2022
article 20.2.2 § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
26/04/2022
Art. 5 (1) - unlawful detention - arrest, escorting to and detention at the police station on 27/02/2022 for the sole purpose of 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 her conviction was based
50664/22*
30/09/2022
Dmitriy Yevgenyevich POPOV
1993
Natalya Andreyevna Baranova
Moscow
Manifestation against the war in Ukraine
St Petersburg
28/02/2022
article 20.2 § 2 of CAO
Administrative fine of RUB 10,000
St Petersburg City Court
31/05/2022
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 28/02/2022 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 the police officers on whose written statements the conviction was based
55620/22*
12/10/2022
Olga Mikhaylovna ARKHIPOVA
1993
Anti-war rally
St Petersburg
27/02/2022
article 20.2.2 § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
16/06/2022
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 27/02/2022 and 28/02/2022 as administrative suspect, pending trial, 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,
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
922/23
02/12/2022
Natalya Viktorovna VAKUTINA
1969
Yekaterina Viktorovna Dadayeva
St Petersburg
Anti-war rally
St Petersburg
06/03/2022
article 20.2.2 § 1 of CAO, article 20.3.3 -1 of the CAO
administrative detention of 5 days
St Petersburg City Court
02/08/2022
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 06/03/2022 and 07/03/2022 as administrative suspect, pending trial and 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,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine police officers on whose written statements the conviction was based,
Art. 10 (1) - various restrictions on the right to freedom of expression – (alternatively to Article 11 issue in so far as the alleged participation in a public event is concerned), participation in a solo picket with a poster "No to War" - conviction under article 20.2.2 § 1 of the CAO and article 20.3.3 § 1 of the CAO, 5 days of administrative detention, final judgment by the St Petersburg City Court of 02/08/2022
3121/23
23/12/2022
Andrey Grigoryevich BARANYUK
1964
Mikhail Germanovich Shiolashvili
St Petersburg
Anti-war rally
St Petersburg
27/02/2022
article 20.2.2 § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
25/08/2022
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 27/02/2022 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 police officers on whose written statements the conviction was based
26031/23*
07/06/2023
Anton Robertovich LUKHT
1976
Daniil Aleksandrovich Semenov
St Petersburg
Protest against war in Ukraine
St Petersburg
27/02/2022
article 20.2.2. § 1 of CAO
administrative detention for 10 days
St Petersburg City Court
08/02/2023
Art. 5 (1) - unlawful detention - escorting to and detention at the police station between 27/02/2022 and 28/02/2022 as administrative suspect, pending trial, after the offence record had been compiled