Published on 27 November 2023
THIRD SECTION
Application no. 33409/17
Mikhail Vladimirovich SAULYAK against Russia
and 10 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 2 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 6 § 1 of the Convention relating to lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings which are the subject of well-established case law of the Court (see Karelin v. Russia, no. 926/08, 20 September 2016).
APPENDIX – STATEMENT OF FACTS
List of applications raising complaints under Article 6 § 1 of the Convention
(lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Penalty
Date of final domestic decision
Name of court
Other complaints under
well-established case-law
33409/17*
17/04/2017
Mikhail Vladimirovich SAULYAK
1964
fine of RUB 30,000
31/01/2017,
Volskiy District Court of the Saratov Region
38452/18*
01/08/2018
Dmitriy Aleksandrovich NIZOVTSEV
1987
Ivan Yuryevich Zhdanov
Vilnius
10 days of detention
5 days of detention
fine of RUB 30,000
06/02/2018,
Moscow City Court
10/12/2018,
Moscow City Court
13/05/2021,
Moscow City Court
Art. 5 (1) - unlawful detention - on 31/01/2021 escorting to a police station for compiling an offence report,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - in particular, the right to examine police officers whose pre-trial statements or reports were used for convicting the applicant in the 2018 cases,
Art. 10 (1) - various restrictions on the right to freedom of expression:
(i) on 28/01/2018 the applicant broadcasted live at Navalnyy. Live YouTube channel from Moscow office of Anti-Corruption Foundation (FBK) on ongoing nationwide protest rallies; at 8 a.m. the police received a call about an explosive device in that building; at 9.40 a.m. police officers broke into FBK’s office and inspected it; the applicant was arrested and taken to a police station; video and other equipment was seized making it impossible to continue the broadcast; the applicant was sentenced to 10-day detention for disobedience to the police (Art. 19.3 of CAO, final decision on 06/02/2018, Moscow City Court);
(ii) on 09/09/2018 the applicant filmed a report for (and then shown at) for Navalnyy. Live YouTube channel from the venue of the imminent protest rally on the pension reform; he was arrested and sentenced to a fine of RUB 30,000 for acting as the rally organiser because of his broadcast (Art. 20.2 § 2 of CAO, final decision on 10/12/2018, Moscow City Court);
(iii) on 31/01/2021 the applicant was arrested and sentenced to 5-day detention for reposting on 29/01/2021 a call to participate in the rally on 31/01/2021 to support A. Navalnyy (Art. 20.2 § 2 of CAO, final decision on 13/05/2021, Moscow City Court),
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - inability to participate in the rally on 31/01/2021 on account of the applicant’s unlawful arrest on that date and ensuing unlawful and disproportionate sentence of detention executed immediately (see above)
16397/19*
11/03/2019
Yelena Sergeyevna ARKADYEVA
1998
Yelena Yuryevna Pershakova
Moscow
fine of RUB 10,000
11/09/2018,
Perm Regional Court
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - the applicant was sentenced to a fine under Art. 20.2 § 5 of CAO on account of her participation in an opposition rally on 05/05/2018 (final decision on 11/09/2018 by Perm Regional Court)
17104/19*
21/03/2019
Yelena Vladimirovna MALAKHOVSKAYA
1982
Aleksandr Yevgenyevich Pomazuyev
Vilnius
fine of RUB 20,000
24/09/2018,
Moscow City Court
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - in particular, the right to examine police officers whose pre-trial statements or reports were used for convicting the applicant (Art. 20.2 § 2 of CAO, final decision on 24/09/2018 by Moscow City Court),
Art. 10 (1) - conviction for making calls to participate in public events - unlawful and disproportionate fine, in the above proceedings, for “organising” a protest rally in Moscow on 05/05/2018 by way of calling others to participate in it in a webcast from Lithuania at Navalnyy. Live YouTube channel, covering this and other nationwide rallies on that date; the courts decided that they had jurisdiction for the offence committed online from another country because it concerned actions aimed at misconduct in Russia
24523/19*
08/04/2019
Vladimir Viktorovich ARSENTYEV
1979
Irina Aleksandrovna Yatsenko
Moscow
fine of RUB 15,000
08/10/2018,
Moscow City Court
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - in particular, the right to examine police officers whose pre-trial statements or reports were used for convicting the applicant (Art. 20.2 § 5 of CAO, final decision on 08/10/2018 by Moscow City Court),
Art. 10 (1) - measures in relation to media coverage of public assemblies - acting as a freelance reporter on assignment from the newspaper outlet of NGO "For Human Rights", the applicant was arrested and sentenced, in the above proceedings, to a fine for participation in an anticorruption rally on 12/06/2017 in Moscow,
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - the applicant was arrested and sentenced, in the above proceedings, to a fine as a participant in the rally
46857/19*
18/08/2019
Viktoriya Igorevna AREFYEVA
2000
Anton Sergeyevich Grachev
Gatchina
fine of RUB 20,000
19/02/2019,
St Petersburg City Court
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - right to examine police officers whose pre-trial statements or reports were used for convicting the applicant (Art. 20.2 § 2 of CAO, final decision on 19/02/2019 by St Petersburg City Court),
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - the applicant was sentenced, in the above proceedings, to a fine for organising on 07/11/2018 a rally (a performance) against the pension reform
5413/20*
04/01/2020
Vladimir Vasilyevich GOLUBEV
1982
15 days of detention
18/10/2019,
Nizhniy Novgorod Regional Court
1234/21*
16/12/2020
Milana Olegovna ZEMTSOVA
2001
Mansur Idrisovich Gilmanov
Podolsk
fine of RUB 20,000
fine of RUB 20,000
fine of RUB 20,000
12/10/2020,
Moscow City Court
12/10/2020,
Moscow City Court
29/06/2021,
Moscow City Court
Art. 5 (1) - unlawful detention - (i) on 28/05/2000 and 22/06/2020 escorting to a police station for compiling offence reports; (ii) on 18-20/07/2020 escorting to and detention in a police station for and after compiling an offence report,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - in all three cases - in particular, the right to examine police officers whose pre-trial statements or reports were used for convicting the applicant (including, as the organiser of a rally on 18/07/2020),
Art. 10 (1) - measures in relation to media coverage of public assemblies - displaying a press card and being assigned by a media outlet to report on planned protests against a bill of 15/07/2020 affecting transgender persons, the applicant was present at the venue of a series of solo demonstrations in front of the State Duma on 18/07/2020; she was arrested and sentenced to a fine as the organiser of that assembly (Art. 20.2 § 2 of CAO; final decision on 12/10/2020 by Moscow City Court),
Art. 10 (1) - disproportionate measures against solo demonstrators - the applicant conducted a solo demonstration to support I. Azar on 28/05/2020; she was arrested and convicted as a participant in a group event instead (Art. 20.2 § 5 of CAO, final decision on 12/10/2020 by Moscow City Court),
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - as regards the two fines imposed on her for the violation of the regulations applicable to organisers of and participants in public events under the Public Events Act (see above); she was also arrested and fined for her participation in a protest rally on 22/06/2020 (Art. 20.2 § 5 of CAO, final decision on 29/06/2021 by Moscow City Court)
23655/21*
20/04/2021
Aleksandr Vladimirovich PLYUSHCHEV
1972
Fedor Yevgenyevich Sirosh
Moscow
fine of RUB 10,000
22/10/2020,
Moscow City Court
Art. 5 (1) - unlawful detention - on 28/05/2020 escorting to a police station for compiling an offence report,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - right to examine police officers whose pre-trial statements or reports were used for convicting the applicant (Art. 20.2 of § 5 CAO, final decision on 22/10/2020 by Moscow City Court),
Art. 10 (1) - disproportionate measures against solo demonstrators - the applicant was arrested and sentenced, in the above proceedings, to a fine; the courts classified his solo demonstration on 28/05/2020 (to support journalist I. Azar) as an assembly subject to prior notification requirement,
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies – see above
28933/21*
20/05/2021
Petr Sergeyevich PARKHOMENKO
1982
Alan Olegovich Gamazov
Moscow
fine of RUB 10,000
20/11/2020,
Moscow City Court
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - right to examine police officers whose pre-trial statements or reports were used for convicting the applicant (Art. 20.2 § 5 of CAO, final decision on 20/11/2020 by Moscow City Court),
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - the applicant was sentenced, in the above proceedings, to a fine on account of participation in a rally to support I. Safronov on 13/07/2020
51947/21*
08/10/2021
Maksim Sergeyevich PYATUNIN
1990
Memorial Human Rights Centre
Moscow
32 hours of community work
21/04/2021,
Nizhniy Novgorod Regional Court
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - right to examine police officers whose pre-trial statements or reports were used for convicting the applicant (Art. 20.2 § 5 of CAO, final decision on 21/04/2021 by Nizhniy Novgorod Regional Court),
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - the applicant was arrested and sentenced, in the above proceedings, to community work for his participation in a rally to support A. Navalnyy on 31/01/2021
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