Published on 27 March 2023
SECOND SECTION
Application no. 1228/21
Kristina Dmitriyevna SAFONOVA against Russia
and 17 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 2 March 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 the complaints raised under Article 10 § 1 of the Convention relating to the disproportionate measures against solo demonstrators which are the subject of well-established case law of the Court (see Novikova and Others v. Russia, nos. 25501/07 and 4 others, 26 April 2016 and Lashmankin and Others v. Russia, nos. 57818/09 and 14 others, 7 February 2017).
APPENDIX – STATEMENT OF FACTS
List of applications raising complaints under Article 10 § 1 of the Convention
(disproportionate measures against solo demonstrators)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Location
Date
Purpose of the demonstration
Administrative charges
Penalty
Final domestic decision
Date
Name of the court
Other relevant information
Other complaints under well-established case-law
1228/21*
29/11/2020
Kristina Dmitriyevna SAFONOVA
1993
Mansur Idrisovich Gilmanov
Podolsk
Support of journalist S. Prokopyeva, 03/07/2020, Moscow
article 20.2 § 5 of CAO, administrative fine of RUB 10,000
22/09/2020 Moscow City Court
rotation - event classified as assembly post facto
Art. 5 (1) - unlawful deprivation of liberty - arrest, detention as an administrative suspect between 10.55 p.m. (according to the escort record, or at 8.13 p.m. according to the applicant) and 11.40 p.m. on 03/07/2020 “for a timely and correct examination of the case”- no evidence/assessment that it was impossible to draw up an offence record on the spot and to achieve the goals set by the CAO; the administrative offence record was compiled on 10/07/2020 only
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 criminal proceedings in view of the inability to cross-examine witnesses – the applicant could not cross-examine in open court police officers on whose written statements the applicant’s conviction was based
1729/21*
06/12/2020
Syrga Alekseyevna CHIDARAN
1996
Mansur Idrisovich Gilmanov
Podolsk
Support of journalist S. Prokopyeva, 03/07/2020, Moscow
article 20.2 § 5 of CAO, administrative fine of RUB 10,000
22/09/2020 Moscow City Court
rotation - event classified as assembly post facto
Art. 5 (1) - unlawful deprivation of liberty - arrest, detention between 8.30 p.m. and 11.30 p.m. on 03/07/2020 as an administrative suspect “for a timely and correct examination of the case”: no evidence/assessment that it was impossible to draw up an offence record on the spot and to achieve the goals set by the CAO; the administrative offence record was compiled on 10/07/2020 only
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 criminal proceedings in view of the inability to cross-examine witnesses – the applicant could not cross-examine in open court police officers on whose written statements the applicant’s conviction was based
2034/21*
26/11/2020
Vitaliy Vladimirovich LEVCHENKO
1996
Mansur Idrisovich Gilmanov
Podolsk
Protest against police brutality in the wake of the murder of Mr V. Taushankov, 02/06/2020, Moscow
Article 20.2 § 5 of CAO, administrative fine of RUB 10,000
14/10/2020, Moscow City Court
rotation - event classified as assembly post facto
Art. 5 (1) - unlawful deprivation of liberty - arrest and detention between 7.30 p.m. (according to the applicant, or 8.50 p.m. according to the escort record) to 11.50 p.m. (according to the applicant) on 02/06/2020 as administrative suspect: no evidence/assessment that it was impossible to draw up an offence record on the spot and to achieve the goals set by the CAO; administrative offence record compiled on 17/06/2020
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 criminal proceedings in view of the inability to cross-examine witnesses – the applicant could not cross-examine in open court police officers on whose written statements the applicant’s conviction was based
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 issue (see, mutatis mutandis, Tsukanov and Torchinskiy v. Russia [Committee], nos. 35000/13 and 35010/13, §§ 48-51, 17 April 2018) - arrest, conviction for participation in a series of solo demonstrations held on 02/06/2020 by a group of no less than 30 participants
2039/21*
26/11/2020
Timur Vladislavovich AYSIN
1995
Mansur Idrisovich Gilmanov
Podolsk
Protest against police brutality in the wake of the murder of Mr V. Taushankov, 02/06/2020, Moscow
article 20.2 § 5 of CAO, administrative fine of RUB 10,000
22/09/2020,
Moscow City Court
rotation - event classified as assembly post facto
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
Art. 5 (1) - unlawful deprivation of liberty - arrest at 7.40 p.m. on 02/06/2020, escorting to the police station as an administrative suspect (released allegedly at 11.20 p.m. on that date): no evidence/assessment that it was impracticable, on the spot, to compile the offence record and achieve the objectives set out in the CAO; the administrative offence record compiled on 15/06/2020
Art. 6 (1) and Art. 6 (3) (d) – unfair criminal proceedings in view of the inability to cross-examine witnesses – the applicant could not cross-examine in open court police officers on whose written statements the applicant’s conviction was based
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 issue (see, mutatis mutandis, Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-51, 17 April 2018) - arrest, conviction for participation in a series of solo demonstrations held on 02/06/2020 by a group of no less than 12 participants
2073/21*
06/12/2020
Anton Konstantinovich OVCHAROV
1992
Mansur Idrisovich Gilmanov
Podolsk
Support of journalist S. Prokopyeva, 03/07/2020, Moscow
article 20.2 § 5 of CAO, administrative fine of RUB 10,000
14/10/2020, Moscow City Court
rotation - event classified as assembly post facto
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
Art. 5 (1) - unlawful deprivation of liberty - arrest, detention between 8.19 p.m. and 11.45 p.m. on 03/07/2020 as an administrative suspect “for a timely and correct examination of the case”: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and achieve the objectives set out in the CAO; the administrative offence record was compiled on 10/07/2020 only
Art. 6 (1) and Art. 6 (3) (d) – unfair criminal proceedings in view of the inability to cross-examine witnesses – the applicant could not cross-examine in open court police officers on whose written statements the applicant’s conviction was based
2129/21*
26/11/2020
Mariya Sergeyevna KOLTSOVA
1998
Mansur Idrisovich Gilmanov
Podolsk
Protest against police brutality in the wake of a murder of Mr V. Taushankov, 02/06/2020, Moscow
article 20.2 § 5 of CAO, administrative fine of RUB 10,000
14/10/2020
Moscow City Court
rotation - event classified as assembly post facto
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
Art. 5 (1) - unlawful deprivation of liberty - on 02/06/2020 the applicant was 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 achieve the objectives set out in the CAO
Art. 6 (1) and Art. 6 (3) (d) – unfair criminal proceedings in view of the inability to cross-examine witnesses – the applicant could not cross-examine in open court police officers on whose written statements the applicant’s conviction was based
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 issue (see, mutatis mutandis, Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-51, 17 April 2018)- arrest, conviction for participation in a series of solo demonstrations held on 02/06/2020 by a group of no less than 30 participants
2152/21*
06/12/2020
Sofya Dmitriyevna YEZHOVA
1988
Mansur Idrisovich Gilmanov
Podolsk
Support of journalist S. Prokopyeva, 03/07/2020, Moscow
article 20.2 § 5 of CAO, administrative fine of RUB 10,000
18/08/2020
Moscow City Court
rotation - event classified as assembly post facto
Art. 5 (1) - unlawful deprivation of liberty - arrest, detention between 8.20 p.m. (according to the applicant) and 11.55 p.m. on 03/07/2020 as an administrative suspect “for a timely and correct examination of the case”: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and achieve the objectives set out in the CAO; the administrative offence record was compiled on 10/07/2020 only
Art. 6 (1) and Art. 6 (3) (d) – unfair criminal proceedings in view of the inability to cross-examine witnesses – the applicant could not cross-examine in open court police officers on whose written statements the applicant’s conviction was based
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
3669/21*
21/12/2020
Gleb Olegovich STRUNNIKOV
1991
Mansur Idrisovich Gilmanov
Podolsk
Support of journalist S. Prokopyeva, 03/07/2020, Moscow
article 20.2 § 5 of CAO, administrative fine of RUB 10,000
16/11/2020, Moscow City Court
rotation - event classified as assembly post facto
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
Art. 5 (1) - unlawful detention - arrest, detention between 8.10 p.m. (according to the applicant) on 03/07/2020 and 0.15 a.m. on 04/07/2020 as an administrative suspect "for a timely and correct examination of the case": no evidence / assessment of “exceptional circumstances” under Art. 27.3 § 1 CAO and beyond the three-hour statutory period; the administrative offence record was compiled only on 13/07/2020
Art. 6 (1) and Art. 6 (3) (d) – unfair criminal proceedings in view of the inability to cross-examine witnesses – the applicant could not cross-examine in open court police officers on whose written statements the applicant’s conviction was based
3884/21*
21/12/2020
Lusine Mamikovna MINASYAN
1997
Mansur Idrisovich Gilmanov
Podolsk
Protest against police brutality in the wake of a murder of Mr V. Taushankov, 02/06/2020, Moscow
article 20.2 § 5 of CAO, administrative fine of RUB 10,000
22/09/2020, Moscow City Court
rotation - event classified as assembly post facto
Art. 5 (1) - unlawful deprivation of liberty - arrest and detention between 7.10 p.m. (according to the applicant, or 8.50 p.m. according to the escort record) to 11.30 p.m. on 02/06/2020 as administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and achieve the objectives set out in the CAO; administrative arrest record compiled on 17/06/2020
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 criminal proceedings in view of the inability to cross-examine witnesses – the applicant could not cross-examine in open court police officers on whose written statements the applicant’s conviction was based
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 issue (see, mutatis mutandis, Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-51, 17 April 2018) - arrest, conviction for participation in a series of solo demonstrations held on 02/06/2020 by a group of no less than 30 participants
3972/21*
21/12/2020
Liliya Nikitichna KOPTSOVA
2001
Mansur Idrisovich Gilmanov
Podolsk
Protest against police brutality in the wake of a murder of Mr V. Taushankov, 02/06/2020, Moscow
article 20.2 § 5 of CAO, administrative fine of RUB 10,000
26/11/2020, Moscow City Court
rotation - event classified as assembly post facto
Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 8.35 p.m. to 11.10 p.m. on 02/06/2020 as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and achieve the objectives set out in the CAO; the administrative offence record compiled on 17/06/2020
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 criminal proceedings in view of the inability to cross-examine witnesses – the applicant could not cross-examine in open court police officers on whose written statements the applicant’s conviction was based
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 issue (see, mutatis mutandis, Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-50, 17 April 2018) - arrest, conviction for participation in a series of solo demonstrations held on 02/06/2020 by a group of no less than 12 participants
4114/21*
21/12/2020
Sergey Aleksandrovich YEZHOV
1985
Mansur Idrisovich Gilmanov
Podolsk
Support of journalist S. Prokopyeva, 03/07/2020, Moscow
article 20.2 § 5 of CAO, administrative fine of RUB 10,000
30/10/2020, Moscow City Court
rotation - event classified as assembly post facto
Art. 6 (1) - lack of impartiality of tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
Art. 6 (1) and Art. 6 (3) (d) – unfair criminal proceedings in view of the inability to cross-examine witnesses – the applicant could not cross-examine in open court police officers on whose written statements the applicant’s conviction was based
Art. 5 (1) - unlawful deprivation of liberty - arrest, detention between 8 p.m. on 03/07/2020 and 1.10 a.m. on 04/07/2020 as an administrative suspect “for a timely and correct examination of the case”: no evidence / assessment of “exceptional circumstances” under Art. 27.3 § 1 CAO and beyond the three-hour statutory period; the administrative offence record was compiled on 13/07/2020 only
18544/21*
17/03/2021
Irma Yevgenyevna MALAKHOVA
1990
Mansur Idrisovich Gilmanov
Podolsk
Series of solo demonstrations for transgender rights, protest against amendments into the Family Code of Russia
18/07/2020
Moscow
article 20.2 § 5 of CAO, administrative fine of RUB 15,000
30/11/2020, Moscow City Court
rotation - event classified as assembly post facto
Art. 5 (1) - unlawful deprivation of liberty - arrest, detention between 2.15 p.m. and 4.38 p.m. (according to the documents, or 7.38 p.m., according to the applicant) on 18/07/2020 for the sole purpose of drawing up a record of administrative offence: no evidence/assessment that it was impossible to draw up an offence record on the spot and to achieve the goals set by the CAO
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 criminal proceedings in view of the inability to cross-examine witnesses – the applicant could not cross-examine in open court police officers on whose written statements the applicant’s conviction was based
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 issue (see, mutatis mutandis, Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-51, 17 April 2018)- arrest, conviction for participation in a series of solo pickets on 18/07/2020 in a group of no less than 25 participants
19543/21*
17/03/2021
Inari Olegovich YEFREMOV
1997
Mansur Idrisovich Gilmanov
Podolsk
Series of solo demonstrations for transgender rights, protest against amendments into the Family Code of Russia
18/07/2020
Moscow
article 20.2 § 5 of CAO, administrative fine of RUB 15,000,
18/12/2020
Moscow City Court
rotation - event classified as assembly post facto
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 criminal proceedings in view of the inability to cross-examine witnesses – the applicant could not cross-examine in open court police officers on whose written statements the applicant’s conviction was based
Art. 5 (1) - unlawful deprivation of liberty - arrest, detention between 2.15 p.m. and 5.10 p.m. on 18/07/2020 for sole purpose of drawing a record of administrative offence: no evidence/assessment that it was impossible to draw up an offence record on the spot and to achieve the goals set out in the CAO
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 issue (see, mutatis mutandis, Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-51, 17 April 2018)- arrest, conviction for participation in a series of solo pickets on 18/07/2020 in a group of no less than 25 participants
20515/21
27/03/2021
Gleb Kirillovich MATVEYEV
1997
Mansur Idrisovich Gilmanov
Podolsk
Protest against arrest and prosecution of journalist M. Zemtsova, 19/07/2020, Moscow
article 20.2 § 5 of CAO, administrative fine of RUB 15,000
08/02/2021,
Moscow City Court
rotation - event classified as assembly post facto
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting and detention at the police station between 7.30 p.m. and 10 p.m. on 19/07/2020 as an administrative suspect: no evidence / assessment that it was impossible to draw up an offence record on the spot and to achieve the goals set by the CAO
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 criminal proceedings in view of the inability to cross-examine witnesses – the applicant could not cross-examine in open court police officers on whose written statements the applicant’s conviction was based
20674/21*
27/03/2021
Mariya Andreyevna STARIKOVA
1988
Mansur Idrisovich Gilmanov
Podolsk
Support of journalist I. Safronov, 07/07/2020, Moscow
article 20.2 § 5 of CAO, administrative fine of RUB 15,000
16/10/2020, Moscow City Court
rotation - event classified as assembly post facto
Art. 5 (1) - unlawful deprivation of liberty - applicant arrested at 9.45 p.m. on 07/07/2020, taken to the police station as an administrative suspect for the sole purpose of compiling an administrative offence record, released at 1.50 a.m. on 08/07/2020: no evidence / assessment of “exceptional circumstances” under Art. 27.3 § 1 CAO, and beyond the three-hour statutory period. Unjustified length of transfer to a police station in a police van (from 9.45 p.m. on 07/07/2020 to 1.20 a.m. 08/07/2020)
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 reports and explanations the applicant’s conviction was based
21742/21*
09/04/2021
Alina Nikolayevna DIDKOVSKAYA
1991
Mansur Idrisovich Gilmanov
Podolsk
Support of journalist I. Safronov, 07/07/2020, Moscow
article 20.2 § 5 of CAO, administrative fine of RUB 15,000
10/02/2021, Moscow City Court
rotation - event classified as assembly post facto
Art. 5 (1) - unlawful deprivation of liberty – the applicant was arrested at 4.25 p.m. on 07/07/2020, taken to the police station as an administrative suspect for the sole purpose of compiling an administrative offence record, released at 8 p.m. on that day: no evidence / assessment of “exceptional circumstances” under Art. 27.3 § 1 CAO, and beyond the three-hour statutory period. Unjustified length of transfer to a police station in a police van (from 4.25 to 6.40 p.m.), overall period of detention exceeding 3 hours
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 reports and explanations the applicant’s conviction was based
23273/21*
14/04/2021
Anna Aleksandrovna ZIBROVA
1988
Mansur Idrisovich Gilmanov
Podolsk
Support of journalist I. Safronov, 07/07/2020, Moscow
article 20.2 § 5 of CAO, administrative fine of RUB 15,000
14/10/2020, Moscow City Court
rotation - event classified as assembly post facto
Art. 5 (1) - unlawful deprivation of liberty - applicant arrested at 3.30 p.m. (according to her, or at 6.40 according to the escort record) on 07/07/2020, taken to the police station as an administrative suspect for “compiling administrative material” (explanations collected), released at 8.56 p.m. on that day: no evidence / assessment of “exceptional circumstances” under Art. 27.3 § 1 CAO, and beyond the three-hour statutory period; administrative offence record compiled on 23/07/2020
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 reports and explanations the applicant’s conviction was based
23548/21*
14/04/2021
Kirill Sergeyevich KRIVOSHEYEV
1993
Mansur Idrisovich Gilmanov
Podolsk
Support of journalist I. Safronov, 07/07/2020, Moscow
article 20.2 § 5 of CAO, administrative fine of RUB 15,000
14/10/2020,
Moscow City Court
rotation - event classified as assembly post facto
Art. 5 (1) - unlawful deprivation of liberty – the applicant was arrested at 5.40 p.m. (according to the applicant, or at 6.40 according to the escort record) on 07/07/2020, taken to the police station as an administrative suspect for “compiling of administrative material” (explanations collected), released at 9.20 p.m. on that day: no evidence / assessment of “exceptional circumstances” under Art. 27.3 § 1 CAO, and beyond the three-hour statutory period; the administrative offence record compiled on 23/07/2020
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 reports and explanations the applicant’s conviction was based