Published on 30 October 2023
FIFTH SECTION
Application no. 52360/21
Kseniya Mikhaylovna SAMARINA against Russia
and 24 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
52360/21*
07/09/2021
Kseniya Mikhaylovna SAMARINA
2002
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally in support of A. Navalnyy
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
12/03/2021
Art. 5 (1) - unlawful detention - Arrest and detention on 23/01/2021 - 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 (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) (raised in the administrative proceedings,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
52612/21*
04/10/2021
Nikita Igorevich MIKHALEVICH
1997
Stanislav Vyacheslavovich Solovyev
Moscow
Political rally
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
06/04/2021
Art. 5 (1) - unlawful detention - arrest and detention on 31/01/2021 - 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 (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) (raised in the administrative proceedings),
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 his conviction was based
52657/21*
16/10/2021
Roman Igorevich PROSANOV
Political rally
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
16/04/2021
Art. 5 (1) - unlawful detention - arrest and detention on 23/01/2021 - 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 (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) (raised in the administrative proceedings),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
53172/21*
06/10/2021
Pavel Gennadyevich AREFICHEV
2002
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally in support of
A. Navalnyy
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of RUB 12,000
Moscow City Court
23/08/2021
Art. 5 (1) - unlawful detention - arrest and detention on 02/02/2021 - 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 (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) (raised in the administrative proceedings),
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 his conviction was based
56112/21*
23/10/2021
Anna Aleksandrovna PISTER
2000
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally in support of
A. Navalnyy
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
7 days’ administration arrest
Moscow City Court
11/05/2021
Art. 5 (1) - unlawful detention - arrest and detention on 31/01/2021 - 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 (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) (raised in the administrative proceedings),
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 his conviction was based
2707/22*
17/12/2021
Pavel Olegovich BLAGONRAVOV
1990
Darya Dmitriyevna Aksenova
Kolomna
Rally in support of
A. Navalnyy
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
21/06/2021
Art. 5 (1) - unlawful detention - Arrest and detention on 23/01/2021 - 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 (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) (raised in the administrative proceedings),
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 his conviction was based
35278/22*
02/07/2022
Natalya Sergeyevna GORANKO
2001
Mariya Sergeyevna Zyryanova
St Petersburg
Anti-war protest
St Petersburg
24/02/2022
article 20.2 § 6.1 of CAO
10 days’ administrative arrest
St Petersburg City Court
03/03/2022
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 two police officers on whose written statements his conviction was based
41824/22
11/08/2022
Ilya Rustamovich PARPIKHODZHAYEV
1999
Mariya Sergeyevna Zyryanova
St Petersburg
Anti-war protest
St Petersburg
06/03/2022
article 20.2.2 § 1 of CAO
10 days’ administrative arrest
St Petersburg City Court
12/04/2022
Art. 5 (1) - unlawful detention - Arrest and detention on 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 (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) (raised in the administrative proceedings),
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 his 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.
43247/22*
05/08/2022
Anastasiya Valeryevna AKULOVA
1988
Natalya Andreyevna Baranova
Moscow
Anti-war protest
St Petersburg
27/02/2022
article 20.2.2 § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
07/04/2022
Art. 5 (1) - unlawful detention - Arrest and detention on 27/02/2022 - 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 (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) (raised in the administrative proceedings),
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 his conviction was based
43353/22*
09/08/2022
Anna Yuryevna SHUSHPANOVA
1981
Natalya Andreyevna Baranova
Moscow
Anti-war protest
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 and detention on 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 (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) (raised in the administrative 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 her conviction was based
43457/22*
25/08/2022
Yelena Mikhaylovna UFIMTSEVA
1987
Mariya Sergeyevna Zyryanova
St Petersburg
Anti-war protest
St Petersburg
24/02/2022
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 and detention on 24/02/2022 - 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 (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) (raised in the administrative proceedings),
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 his conviction was based
43585/22*
26/08/2022
Kristina Leonidovna PAVLOVA
1998
Natalya Andreyevna Baranova
Moscow
Anti-war protest
St Petersburg
27/02/2022
article 20.2.2 § 1 of CAO
5 days’ administrative detention
St Petersburg City Court
28/04/2022
Art. 5 (1) - unlawful detention - Arrest and detention on 27/02/2022 - 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 (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 (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 his 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
43957/22*
18/08/2022
Mikhail Aleksandrovich ANOSHCHENKO
1990
Mariya Sergeyevna Zyryanova
St Petersburg
Anti-war protest
St Petersburg
06/03/2022
article 20.2.2 § 1 of CAO
5 days’ administrative detention
St Petersburg City Court
19/04/2022
Art. 5 (1) - unlawful detention - Arrest and detention after compiling an offence report on 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 (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) (raised in the administrative proceedings),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence 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
44464/22*
19/08/2022
Anzhelika Andreyevna SHMIDKE
1999
Mariya Sergeyevna Zyryanova
St Petersburg
Anti-war protest
St Petersburg
02/03/2022
article 20.2 § 6.1 of CAO
7 days’ administrative arrest
St Petersburg City Court
21/04/2022
Art. 5 (1) - unlawful detention - Arrest and detention on 02/03/2022 - 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 (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) (raised in the administrative proceedings),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence 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.
44468/22*
19/08/2022
Anastasiya Aleksandrovna SHALNEVA
1990
Mariya Sergeyevna Zyryanova
St Petersburg
Anti-war protest
St Petersburg
02/03/2022
article 20.2 § 6.1 of CAO
7 days’ administrative arrest
St Petersburg City Court
21/04/2022
Art. 5 (1) - unlawful detention - Arrest and detention on 02/03/2022 - 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 (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) (raised in the administrative proceedings),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence 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.
44477/22*
19/08/2022
Yekaterina Yevgenyevna TSILKO
1997
Mariya Sergeyevna Zyryanova
St Petersburg
Anti-war protest
St Petersburg
02/03/2022
article 20.2 § 6.1 of CAO
7 days’ administrative arrest
St Petersburg City Court
21/04/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station on 02/03/2022 for 18 hours 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
44537/22*
25/08/2022
Lev Antonovich POTANIN
2001
Natalya Andreyevna Baranova
Moscow
Anti-war protest
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 and detention on 27/02/2022 - 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 (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) (raised in the administrative proceedings),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
44543/22*
26/08/2022
Darya Aleksandrovna BAKHAREVA
1988
Natalya Andreyevna Baranova
Moscow
Anti-war protest
St Petersburg
06/03/2022
article 20.2 § 6.1 of CAO
fine of RUB 10,000
St Petersburg City Court
28/04/2022
Art. 5 (1) - unlawful detention - Arrest and detention from 3 p.m. to 9 p.m. on 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 (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) (raised in the administrative proceedings),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
44774/22*
18/08/2022
Viktoriya Valeryevna CHERNUSSKAYA
1993
Mariya Sergeyevna Zyryanova
St Petersburg
Anti-war protest
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 and detention on 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 (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) (raised in the administrative proceedings),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
44782/22*
18/08/2022
Alina Vladimirovna URYVAYEVA
2001
Mariya Sergeyevna Zyryanova
St Petersburg
Anti-war protest
St Petersburg
06/03/2022
article 20.2.2 § 1 of CAO
3 days’ administrative arrest
St Petersburg City Court
19/04/2022
Art. 5 (1) - unlawful detention - Arrest and detention on 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 (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) (raised in the administrative proceedings),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence 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.
44785/22
18/08/2022
Azaliya Bulatovna KHAMIDULINA
1994
Mariya Sergeyevna Zyryanova
St Petersburg
Anti-war protest
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 and detention on 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 (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) (raised in the administrative proceedings),
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 his conviction was based.
44836/22*
20/08/2022
Mariya Arkadiyevna GAVRILENKO
1988
Natalya Andreyevna Baranova
Moscow
Anti-war protest
St Petersburg
03/03/2022
article 20.2.2 § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
28/04/2022
Art. 5 (1) - unlawful detention - Arrest and detention from 8.30 p.m. on 03/03/2022 to 2 p.m. 04/03/2022 - 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 (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) (raised in the administrative proceedings),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
45475/22*
01/09/2022
Darya Vadimovna LIPATOVA
1988
Anti-war protest
St Petersburg
27/02/2022
article 20.2.2 § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
19/05/2022
Art. 5 (1) - unlawful detention - Arrest and detention on 27/02/2022 - 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 (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) (raised in the administrative proceedings),
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 his conviction was based
45480/22*
31/08/2022
Artem Valeryevich SHUMILEYKO
1994
Nataliya Andreyevna Baranova
Moscow
Anti-war protest
St Petersburg
13/03/2022
article 20.2.2 § 1 of CAO
fine of RUB 12,000
St Petersburg City Court
02/06/2022
47325/22*
14/09/2022
Marina Aleksandrovna KLIMOVA
1968
Nataliya Andreyevna Baranova
Moscow
Anti-war protest
Moscow
24/02/2022
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
05/07/2022
Art. 5 (1) - unlawful detention - Arrest and detention on 24/02/2022 - 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 (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) (raised in the administrative proceedings),
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 his conviction was based
Full & Egal Universal Law Academy