Published on 8 January 2024
FIRST SECTION
Application no. 51766/21
Aleksandr Aleksandrovich RYAKIN against Russia
and 17 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 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 charges (code of administrative offences, CAO)
Penalty
Final decision
Court Name
Date
Other complaints under well-established case-law
51766/21*
15/10/2021
Aleksandr Aleksandrovich RYAKIN
1982
Ivan Yuryevich Zhdanov
Vilnius
Rally “Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
administrative detention of
7 days
Moscow City Court
26/04/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 1.00 p.m. on 31/01/2021 to 6.00 p.m. on 01/02/2021, hearing in the applicant’s administrative-offence case; the applicant spent 4 hours in the police van,
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, 26/04/2021,
Art. 6 (1) - and Art. 6 (3) (b) - unfair trial due to lack of adequate time and facilities for preparation of the defence - Inability to cross-examine in the trial the police officers on whose written statements his conviction was based.
53068/21
14/10/2021
Ruslan Vladimirovich KHAFIZOV
1988
Andrey Gennadyevich Lepekhin
Chelyabinsk
Rally “Free Navalnyy"
Chelyabinsk
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Chelyabinsk Regional Court
23/04/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 2.00 p.m. to 6.00 p.m. on 23/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Chelyabinsk Regional Court, 23/04/2021.
55553/21*
16/10/2021
Mikhail Nikolayevich BIRKA
1989
Darya Dmitriyevna Aksenova
Kolomna
Rally “Free Navalnyy”
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
22/04/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, on 23/01/2021,
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, 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 the police officers on whose written statements his conviction was based.
57138/21*
10/11/2021
Maksim Aleksandrovich SHVETSOV
1987
Darya Dmitriyevna Aksenova
Kolomna
Rally “Free Navalnyy”
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
11/05/2021
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - escorting to a police station for the purpose of drawing up a record of administrative offence, on 23/01/2021,
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, 11/05/2021,
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 the police officers on whose written statements his conviction was based.
58072/21*
01/11/2021
Igor Valeryevich KOLOSOV
1994
Darya Dmitriyevna Aksenova
Kolomna
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
03/06/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 6.15 to 11.35 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 - final decision: Moscow City Court, 03/06/2021,
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 the police officers on whose written statements his conviction was based.
58147/21*
10/11/2021
Sergey Vladimirovich SEDOV
1981
Oksana Viktorovna Aksenova
Moscow
Rally “Free Navalnyy”
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 12,000
Moscow City Court
19/07/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.20 p.m.to 9.00 p.m. on 23/01/2021,
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, 19/07/2021,
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 the police officers on whose written statements his conviction was based.
58477/21*
09/11/2021
Darya Mikhaylovna ZHURAVLEVA
1987
Darya Dmitriyevna Aksenova
Kolomna
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 20,000
Moscow City Court
11/05/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.40 p.m. to 10.00 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 - final decision: Moscow City Court, 11/05/2021,
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 the police officers on whose written statements her conviction was based.
58680/21*
19/11/2021
Yevgeniy Yevgenyevich SHAMONOV
1999
Darya Dmitriyevna Aksenova
Kolomna
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 15,000
Moscow City Court
21/06/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 4.15 p.m. on 31/01/2021 to 01/02/2021, hearing in the applicant’s administrative-offence case,
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, 21/06/2021,
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 the police officers on whose written statements his conviction was based.
61475/21*
01/12/2021
Irina Stanislavovna DOBRODEYEVA
1959
Darya Dmitriyevna Aksenova
Kolomna
Rally “Free Navalnyy”
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
17/06/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, on 02/02/2021,
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, 17/06/2021,
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 the police officers on whose written statements her conviction was based.
61761/21*
03/12/2021
Artem Denisovich VAVILCHENKOV
1996
Darya Dmitriyevna Aksenova
Kolomna
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
29/06/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, 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 - final decision: Moscow City Court, 29/06/2021,
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 the police officers on whose written statements his conviction was based.
20/22*
02/11/2021
Andrey Vladimirovich BEZBORODOV
1994
Darya Dmitriyevna Aksenova
Kolomna
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 20,000
Moscow City Court
05/07/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 2.30 p.m. on 31/01/2021 to 00.20 a.m. on 01/02/2021,
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, 05/07/2021,
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 the police officers on whose written statements his conviction was based.
943/22*
01/12/2021
Robert Denisovich ONIKOV
1995
Darya Dmitriyevna Aksenova
Kolomna
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
17/06/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, 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 - Moscow City Court, 17/06/2021,
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 the police officers on whose written statements his conviction was based.
2678/22*
02/12/2021
Yuriy Aleksandrovich NEDBAYLO
1984
Darya Dmitriyevna Aksenova
Kolomna
Rally “Free Navalnyy”
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
11/06/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 2.10 p.m. to 06.30 p.m. on 02/02/2021,
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, 11/06/2021,
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 the police officers on whose written statements his conviction was based.
2712/22*
17/12/2021
Yevgeniy Sergeyevich KISELEV
2000
Darya Dmitriyevna Aksenova
Kolomna
Rally “Free Navalnyy”
Moscow
23/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 15,000
Moscow City Court
17/06/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, on 23/01/2021,
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, 17/06/2021,
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 the police officers on whose written statements his conviction was based.
10664/22*
02/02/2022
Aleksey Yuryevich SYCHEV
1989
Darya Dmitriyevna Aksenova
Kolomna
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
13/08/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, 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 - final decision: Moscow City Court, 13/08/2021,
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 the police officers on whose written statements his conviction was based.
12283/22
24/02/2022
Aleksandr Sergeyevich ZHAROV
1990
Kseniya Dmitriyevna Prosvirkina
Moscow
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
27/08/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 5.00 p.m. to 11.45 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 - final decision: Moscow City Court, 27/08/2021,
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 the police officers on whose written statements her conviction was based.
12291/22*
24/02/2022
Dmitriy Igorevich POYARKOV
2000
Kseniya Dmitriyevna Prosvirkina
Moscow
Rally “Free Navalnyy”
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Moscow City Court
31/08/2021
Art. 5 (1) unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 11.00 p.m. on 02/02/2021 to 4.00 p.m. 03/02/2021, hearing in the applicant’s administrative offence case,
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, 31/08/2021,
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 the police officers on whose written statements her conviction was based.
12662/22*
17/02/2022
Anatoliy Alekseyevich ZELENOVSKIY
1991
Natalya Andreyevna Baranova
Moscow
Rally “Free Navalnyy”
Irkutsk
31/01/2021
article 20.2 § 5 of CAO
community works of 30 hours
Irkutsk Regional Court
17/08/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Irkutsk Regional Court, 17/08/2021
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