Published on 8 January 2024
THIRD SECTION
Application no. 10869/18
Dmitriy Aleksandrovich RYABININ against Russia
and 19 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 5 § 1 of the Convention relating to unlawful detention (deprivation of liberty) which are the subject of well-established case law of the Court (see Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, 26 June 2018, Rozhkov v. Russia (no. 2), no. 38898/04, §§ 91-96, 31 January 2017, Butkevich v. Russia, no. 5865/07, § 67, 13 February 2018, Kuptsov and Kuptsova v. Russia, no. 6110/03, § 81, 3 March 2011 and Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018).
APPENDIX – STATEMENT OF FACTS
List of applications raising complaints under Article 5 § 1 of the Convention
(unlawful detention (deprivation of liberty))
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Start date of unauthorised detention
End date of unauthorised detention
Specific defects
Other complaints under well-established case-law
10869/18*
15/02/2018
Dmitriy Aleksandrovich RYABININ
1987
08/09/2017, 4.10 p.m.
09/09/2017, 11.20 a.m.
Detention as an administrative suspect: no evidence/assessment of “exceptional circumstances”
10192/20*
03/02/2020
Nikita Andreyevich KUZMICHEV
1991
Nikolay Sergeyevich Zboroshenko
Mytishchi
03/08/2019
03/08/2019
Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity; detention as an administrative suspect: beyond the three-hour statutory period; detention as an administrative suspect: no evidence/assessment of “exceptional circumstances”
21162/21*
30/03/2021
Ragnar Odinson REYN
1989
Aleksandr Yevgenyevich Pomazuyev
Vilnius
21/01/2021
29/01/2021
21/01/2021
29/01/2021
Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity; detention as an administrative suspect: beyond the three-hour statutory period
Art. 10 (1) - conviction for making calls to participate in public events –
1) administrative conviction under article 20.2 § 2 of the CAO for calls to participate in an unauthorised manifestation on 23/01/2021 in support of Navalnyy, published in VKontakte; final decision: Kaliningrad Regional Court, on 11/02/2021, detention of 3 days;
2) administrative conviction under art. 20.2 § 2 of the CAO for calls to participate in an unauthorised manifestation on 31/01/2021 in support of Navalnyy, published in Telegram; final decision: Kaliningrad Regional Court, on 16/02/2021, detention of 7 days,
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 in both 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
21366/21*
06/04/2021
Konstantin Sergeyevich KROPACHEV
1982
Aleksandr Yevgenyevich Pomazuyev
Vilnius
28/01/2021,
4.00 p.m.
29/01/2021, until court hearing
Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity; detention as an administrative suspect: beyond the three-hour statutory period; detention as an administrative suspect: no evidence/assessment of “exceptional circumstances”
Art. 10 (1) - conviction for making calls to participate in public events - administrative conviction under art. 20.2 § 2 of the CAO for calls to participate in an unauthorised manifestation on 23/01/2021 in support of Navalnyy, published in VKontakte; final decision: Tver Regional Court, 04/02/2021, detention of 7 days,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings - final decision: Tver Regional Court, 04/02/2021
23556/21*
14/04/2021
Artur Nikolayevich BAVRIN
1991
Aleksandr Yevgenyevich Pomazuyev
Vilnius
28/01/2021, 8.45 a.m.
29/01/2021, until court hearing
Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity; detention as an administrative suspect: beyond the three-hour statutory period; detention as an administrative suspect: no evidence/assessment of “exceptional circumstances”
Art. 10 (1) - conviction for making calls to participate in public events - administrative conviction under art. 20.2 § 2 of the CAO for calls to participate in an unauthorised manifestation on 23/01/2021 in support of Navalnyy, published in VKontakte; final decision: Tver Regional Court, 04/02/2021, detention of 10 days,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings - final decision: Tver Regional Court, 04/02/2021
23791/21*
22/04/2021
Anatoliy Valentinovich BUROV
1977
Aleksandr Yevgenyevich Pomazuyev
Vilnius
31/01/2021,
1.00 p.m.
01/02/2021,
4.00 p.m.
Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity; detention as an administrative suspect: beyond the three-hour statutory period; detention as an administrative suspect: no evidence/assessment of “exceptional circumstances”
Art. 10 (1) - conviction for making calls to participate in public events - administrative conviction under art. 20.2 § 2 of the CAO for calls to participate in an unauthorised manifestation on 31/01/2021 in support of Navalnyy, published in VKontakte; final decision: Vologda Regional Court, 11/03/2021, fine of RUB 20,000,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings - final decision: Vologda Regional Court, 11/03/2021,
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
35126/21
25/06/2021
Maksim Anatolyevich BATYKOV
1991
Memorial Human Rights Centre
Moscow
27/01/2021, 5.20 p.m.
28/01/2021, 11 a.m., raised on appeal
Detention as an administrative suspect: beyond the three-hour statutory period; detention as an administrative suspect: no evidence/assessment of “exceptional circumstances”
Art. 10 (1) - conviction for making calls to participate in public events - administrative conviction under art. 20.2 § 2 of the CAO for calls to participate in an unauthorised manifestation on 23/01/2021 in support of Navalnyy, published in VKontakte; final decision: Stavropol Regional Court, 17/03/2021, fine of RUB 20,000,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings - final decision: Stavropol Regional Court, 17/03/2021,
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
45005/21*
10/08/2021
Ilya Andreyevich LOGVIN
1997
Oleg Aleksandrovich Yelanchik
Moscow
31/01/2021
01/02/2021, raised on appeal
Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity; detention as an administrative suspect: beyond the three-hour statutory period; detention as an administrative suspect: no evidence/assessment of “exceptional circumstances”
Art. 10 (1) - conviction for making calls to participate in public events - administrative conviction under article 20.2 § 3 of the CAO for calls to participate in an unauthorised manifestation on 31/01/2021 in support of Navalnyy, published on VKontakte; final decision: Moscow City Court, 10/02/2021, detention of 14 days,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings - final decision: Moscow City Court, 10/02/2021,
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
45839/21*
01/09/2021
Mikhail Stanislavovich ZAYCHIKOV
1992
Ivan Yuryevich Zhdanov
Vilnius
29/01/2021,
2.00 p.m.
29/01/2021, 7.45 p.m., until court hearing, raised on appeal
Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity; detention as an administrative suspect: beyond the three-hour statutory period; detention as an administrative suspect: no evidence/assessment of “exceptional circumstances”
Art. 10 (1) - conviction for making calls to participate in public events - administrative conviction under art. 20.2 § 2 of the CAO for calls to participate in an unauthorised manifestation on 23/01/2021 in support of Navalnyy, published in VKontakte; final decision: Krasnoyarsk Regional Court, 18/03/2021, detention of 7 days,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings - final decision: Krasnoyarsk Regional Court, 18/03/2021,
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
46684/21
02/09/2021
Mariya Vladimirovna MAKAROVA
1983
Andrey Gennadyevich Lepekhin
Chelyabinsk
30/01/2021
30/01/2021, until court hearing, raised on appeal
Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity; detention as an administrative suspect: beyond the three-hour statutory period; detention as an administrative suspect: no evidence/assessment of “exceptional circumstances”
Art. 10 (1) - conviction for making calls to participate in public events - administrative conviction under articles 19.3 § 1 and 20.2 § 2 of the CAO for calls to participate in an unauthorised manifestation on 31/01/2021 in support of Navalnyy, published on Telegram, and resistance when arrested; final decisions: Chelyabinsk Regional Court, 03/03/2021, detention of 3 days, and 18/03/2021, detention of 8 days,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings - final decisions: Chelyabinsk Regional Court, 03/03/2021 and 18/03/2021
47002/21*
15/09/2021
Igor Vladimirovich KONOTOPOV
1972
Aleksandr Yevgenyevich Pomazuyev
Vilnius
04/02/2021,
4.00 p.m.
05/02/2021, until court hearing, raised on appeal
Detention as an administrative suspect: beyond the three-hour statutory period, Detention as an administrative suspect: no evidence/assessment of “exceptional circumstances”
Art. 10 (1) - conviction for making calls to participate in public events - administrative conviction under article 20.2 § 2 of the CAO for calls to participate in an unauthorised manifestation on 31/01/2021 in support of Navalnyy, published on Facebook; final decision: Volgograd Regional Court, 24/03/2021, fine of RUB 20,000,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings - final decision: Volgograd Regional Court, 24/03/2021,
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 in both proceedings
47519/21*
03/09/2021
Roman Denisovich TREGUBOV
1992
Aleksandr Yevgenyevich Karavayev
Nizhniy Novgorod
28/01/2021,
1.00 p.m.
29/01/2021, until court hearing, raised on appeal
Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity; detention as an administrative suspect: beyond the three-hour statutory period; detention as an administrative suspect: no evidence/assessment of “exceptional circumstances”
Art. 10 (1) - conviction for making calls to participate in public events - administrative conviction under article 20.2 § 2 of the CAO for calls to participate in an unauthorised manifestation on 31/01/2021 in support of Navalnyy, published on VKontakte; final decision: Nizhniy Novgorod Regional Court, 04/03/2021, detention of 5 days,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings - final decision: Nizhniy Novgorod Regional Court, 04/03/2021
54093/21
05/10/2021
Sergey Viktorovich RYBAKOV
1986
Aleksey Viktorovich Tsvetkov
Vladimir
14/04/2021
15/04/2021
Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity; detention as an administrative suspect: beyond the three-hour statutory period; detention as an administrative suspect: no evidence/assessment of “exceptional circumstances”
Art. 10 (1) - conviction for making calls to participate in public events - administrative conviction under art. 20.2.2 § 3 of the CAO for calls to participate in an unauthorised manifestation on 06/04/2021 in support of Navalnyy, published on YouTube; final decision: Vladimir Regional Court, 22/04/2021, detention of 8 days,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings - final decision: Vladimir Regional Court, 22/04/2021,
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,
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
54481/21*
18/10/2021
Igor Lazarevich BARYSHNIKOV
1959
Memorial Human Rights Centre
Moscow
21/04/2021, 6.40 p.m.
22/04/2021,
2.00 p.m., until court hearing
Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity; detention as an administrative suspect: beyond the three-hour statutory period; detention as an administrative suspect: no evidence/assessment of “exceptional circumstances”
Art. 10 (1) - conviction for making calls to participate in public events - administrative conviction under art. 20.2 § 2 of the CAO for calls to participate in an unauthorised manifestation on 21/04/2021 in support of Navalnyy, published in Facebook; final decision: Kaliningrad Regional Court, 29/04/2021, detention of 22 days,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings - final decision: Kaliningrad Regional Court, 29/04/2021,
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,
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
2075/22*
14/12/2021
Viktor Viktorovich KORCHAGIN
2003
Memorial Human Rights Centre
Moscow
22/04/2021
22/04/2021, raised on appeal
Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity; detention as an administrative suspect: beyond the three-hour statutory period; detention as an administrative suspect: no evidence/assessment of “exceptional circumstances”
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings - final decision: Ryazan Regional Court, 17/06/2021, fine of RUB 10,000,
Art. 10 (1) - conviction for making calls to participate in public events - administrative conviction under article 20.2 § 2 of the CAO for calls to participate in an unauthorised manifestation on 21/04/2021 in support of Navalnyy, published in VKontakte; final decision: Ryazan Regional Court, 17/06/2021, fine of RUB 10,000
2960/22*
02/12/2021
Aleksandr Sergeyevich GRIGORYEV
1995
Vladimir Valeryevich Vasin
Krasnoyarsk
23/01/2021
23/01/2021, raised on appeal
Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity; detention as an administrative suspect: beyond the three-hour statutory period; detention as an administrative suspect: no evidence/assessment of “exceptional circumstances”
Art. 10 (1) - conviction for making calls to participate in public events - administrative conviction under article 20.2 § 2 of the CAO for calls to participate in an unauthorised manifestation on 23/01/2021 in support of Navalnyy, published in VKontakte; final decision: Krasnoyarsk Regional Court, 03/06/2021, detention of 9 days,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings - final decision: Krasnoyarsk Regional Court, 03/06/2021,
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
23399/22
15/04/2022
Sergey Viktorovich ZASTOIN
1970
22/07/2021
22/07/2021, raised on appeal
Detention as an administrative suspect: beyond the three-hour statutory period, Detention as an administrative suspect: no evidence/assessment of “exceptional circumstances”
Art. 10 (1) - conviction for making calls to participate in public events - administrative conviction under art. 20.2 § 2 of the CAO for calls to participate in an unauthorised manifestation on 21/04/2021 in support of Navalnyy, published in VKontakte; final decision: Murmansk Regional Court, 18/10/2021, fine of RUB 20,000,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings - final decision: Murmansk Regional Court, 18/10/2021
33689/22
21/06/2022
Ilya Ivanovich KURSOV
1997
Anna Yevgenyevna Bochilo
Barnaul
06/03/2022
06/03/2022
Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity
Art. 10 (1) - various restrictions on the right to freedom of expression –
1) posting an anti-war message on social network, 23/02/2022, Barnaul, Article 20.3.3. § 1 of CAO (discrediting Russian armed forces); final decision: Altay Regional Court, 13/03/2022, fine of RUB 30,000;
2) call to take part in an anti-war protest posted online, 26/02/2022, Barnaul, Article 20.2. § 2 of CAO; final decision: Altay Regional Court, 30/03/2022, fine of RUB 20,000,
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 administrative proceedings (in connection with events of 23/02/2022 and 06/03/2022); final decisions: Altay Regional Court, 13/03/2022 and 30/03/2022,
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 the trial the police officers on whose written statements the applicant’s conviction was based - in both sets of administrative proceedings (in connection with events of 23/02/2022 and 06/03/2022)
34888/22
07/07/2022
Yelena Andreyevna BELOUSOVA
2001
Anna Yevgenyevna Bochilo
Barnaul
27/02/2022
27/02/2022, raised on appeal
Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity; detention as an administrative suspect: beyond the three-hour statutory period; detention as an administrative suspect: no evidence/assessment of “exceptional circumstances”
Art. 10 (1) - conviction for making calls to participate in public events - administrative conviction under article 20.2 § 2 of the CAO for distributing posters with calls to participate in an unauthorised manifestation against war on 27/02/2022; final decision: Altay Regional Court, 23/03/2022, fine of RUB 20,000,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings - final decision: Altay Regional Court, 23/03/2022,
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 officer on whose written statements the applicant’s conviction was based
41315/22
13/08/2022
Yevdokiya Olegovna FEDOTOVA
2003
Nataliya Nikolayevna Chernova
Petrozavodsk
01/03/2022, 2.40 a.m.
02/03/2022, 10.45 a.m., raised on appeal
Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity; detention as an administrative suspect: beyond the three-hour statutory period; detention as an administrative suspect: no evidence/assessment of “exceptional circumstances”
Art. 10 (1) - conviction for making calls to participate in public events - administrative conviction under article 20.2 § 2 of the CAO for calls to participate in an unauthorised manifestation on 28/02/2022 against war in Ukraine, published in Telegram; final decision: Supreme Court of the Karelia Republic, 14/04/2022, fine of RUB 10,0000,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings - final decision: Supreme Court of the Karelia Republic, 14/04/2022
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