Published on 26 June 2023
FIFTH SECTION
Application no. 43267/21
Artem Vasilyevich SAVCHENKO against Russia
and 24 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 1 June 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
Penalty
Final domestic decision
Court Name
Date
Other complaints under well-established case-law
43267/21*
07/08/2021
Artem Vasilyevich SAVCHENKO
1985
Rally “Free Navalnyy”
Rostov‑on‑Don
31/01/2021
article 20.2 § 6.1 of CAO
detention for 7 days
Rostov Regional Court
03/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.25 p.m. on 31/01/2021 until 1.00 p.m. on 01/02/2021[1];
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings[2];
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 police officers on whose written statements the applicant’s conviction was based[3];
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[4]
43272/21*
17/08/2021
Dmitriy Viktorovich BURAK
1985
Ivan Yuryevich Zhdanov
Vilnius
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
detention for 7 days
Moscow City Court
10/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 31/01/2021;
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 the trial police officers on whose written statements the applicant’s conviction was based;
Art. 6 (1) - unfair criminal proceedings - various deficiencies in the administrative offence proceedings (impossibility to obtain attendance of a witness on behalf of the defence)[5]
43415/21
10/08/2021
Eduard Georgiyevich MINOLIS
1998
Veronika Valeryevna Polyakova
Moscow
Rally “Free Navalnyy”
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
detention for 12 days
Moscow City Court
10/02/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.40 p.m. on 02/02/2021 until 8.00 a.m. on 03/02/2021;
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 the trial police officers 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
43422/21*
23/08/2021
Vitaliy Muzafarovich MIRZOYEV
1973
Ivan Yuryevich Zhdanov
Vilnius
Rally “Free Navalnyy”
Samara
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Samara Regional Court
01/04/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report 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;
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 police officers on whose written statements the applicant’s conviction was based;
Art. 6 (1) - unfair criminal proceedings - various deficiencies of the administrative offence proceedings (no access to a lawyer during detention at the police station, impossibility to obtain attendance of witnesses on behalf of the defence)
43434/21*
23/08/2021
Aleksey Sergeyevich BELOUSOV
2002
Ivan Yuryevich Zhdanov
Vilnius
Rally “Free Navalnyy”
Kursk
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Kursk Regional Court
09/06/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 2.30 p.m. until 6.50 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
43444/21*
23/08/2021
Roman Sergeyevich ZEMSKOV
1982
Ivan Yuryevich Zhdanov
Vilnius
Rally “Free Navalnyy”
Samara
23/01/2021
article 20.2 § 5 of CAO
30 hours of community work
Samara Regional Court
06/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.45 p.m. until 9.50 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;
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 police officers on whose written statements the applicant’s conviction was based
43481/21*
11/08/2021
Nikolay Dmitriyevich VOLKOV
1995
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
detention for 10 days
Moscow City Court
19/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.10 p.m. on 31/01/2021 until 8.00 p.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;
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 police officers on whose written statements the applicant’s conviction was based;
Art. 6 (1) - unfair criminal proceedings - various deficiencies of the administrative offence proceedings (no access to a lawyer during detention at the police station, absence in the trial, no possibility to adduce evidence, impossibility to obtain attendance of witnesses on behalf of the defence);
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
43492/21
12/08/2021
Viktoriya Romualdovna ZAREMBA
1999
Dmitriy Igorevich Zakhvatov
Moscow
Rally “Free Navalnyy”
Moscow
03/02/2021
article 20.2 § 6.1 of CAO
detention for 11 days
Moscow City Court
12/02/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.15 until afternoon on 03/02/2021;
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 the trial police officers on whose written statements the applicant’s conviction was based.
43638/21*
11/08/2021
Daniil Vadimovich YELETSKIY
2000
Danil Ilnurovich Nurgaleyev
Kazan
Rally “Free Navalnyy”
Kazan
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Republic of Tatarstan
10/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 23/01/2021
43646/21*
11/08/2021
Renata Maratovna LUKOYANOVA
2001
Danil Ilnurovich Nurgaleyev
Kazan
Rally “Free Navalnyy”
Kazan
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Republic of Tatarstan
10/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 for compiling an offence report
43778/21*
23/08/2021
Roman Sergeyevich KUZMIN
1981
Ivan Yuryevich Zhdanov
Vilnius
Rally “Free Navalnyy”
Yaroslavl
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Yaroslavl Regional Court
06/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.30 p.m. until 10.20 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;
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 police officers on whose written statements the applicant’s conviction was based
43786/21
26/08/2021
Taras Arturovich GORELOV
1994
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Vladivostok
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Primorye Regional Court
19/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.30 p.m. until 7.00 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;
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 police officers on whose written statements the applicant’s conviction was based;
Art. 6 (1) - unfair criminal proceedings - various deficiencies of the administrative offence proceedings (impossibility to obtain attendance of witnesses on behalf of the defence)
43809/21
26/08/2021
Ivan Petrovich SAVCHENKO
1987
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Rostov-on-Don
31/01/2021
article 20.2 § 6.1 of CAO
detention for 7 days
Rostov Regional Court
02/03/2021
Art. 5 (1) (c) - unlawful pre-trial detention - escorting to and detention at the police station for compiling an offence report from 12.45 p.m. on 31/01/2021 until 6.00 p.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;
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 police officers on whose written statements the applicant’s conviction was based;
Art. 6 (1) - unfair criminal proceedings - various deficiencies of the administrative offence proceedings (no possibility to adduce evidence, impossibility to obtain attendance of witnesses on behalf of the defence);
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
43822/21*
23/08/2021
Albert Fakhimovich ISKUZHIN
1983
Rally “Free Navalnyy”
Ufa
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Supreme Court of the Republic of Bashkortostan
01/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 2.15 p.m. until 5.30 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;
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 police officers on whose written statements the applicant’s conviction was based
43831/21*
26/08/2021
Marina Yuryevna NIKOLAYEVA
1995
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Kazan
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Supreme Court of the Republic of Tatarstan
17/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1.50 p.m. on 31/01/2021 until 7.40 p.m. on 01/02/2021
43849/21*
10/08/2021
Aleksandr Fedorovich BEKHTOLD
1950
Ivan Yuryevich Zhdanov
Vilnius
Rally “Free Navalnyy
Ryazan
23/01/2021
article 20.2 § 2 of CAO
fine of RUB 20,000
Ryazan Regional Court
04/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 3.00 p.m. until 8.00 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;
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 police officers on whose written statements the applicant’s conviction was based
43856/21*
10/08/2021
Mikhail Igorevich KIRILLOV
1996
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
detention for 8 days
Moscow City Court
10/02/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.45 p.m. on 02/02/2021 until 11.30 a.m. on 03/02/2021;
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 the trial police officers on whose written statements the applicant’s conviction was based;
Art. 6 (1) - unfair criminal proceedings - various deficiencies of the administrative offence proceedings (no access to a lawyer during detention at the police station, no possibility to adduce evidence);
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
43858/21*
10/08/2021
Aleksandr Ivanovich DAVYDOV
1995
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
detention for 10 days
Moscow City Court
22/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1.30 p.m. on 31/01/2021 until 3.00 p.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;
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 police officers 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
43862/21*
10/08/2021
Aleksandra Igorevna BOBROVA
1993
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
detention for 15 days
Moscow City Court
03/02/2021
(The administrative case file was returned to the first-instance court (the Meschanskiy District Court in Moscow) and was available in its registry on 12 February 2021 (the applicant submits a copy of the electronic tracking system available on the District Court’s Internet site)
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1.25 p.m. on 31/01/2021 until 8.00 p.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;
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 police officers 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
43902/21*
23/08/2021
Yekaterina Nikolayevna FILIPPENKO
1989
Ivan Yuryevich Zhdanov
Vilnius
Rally “Free Navalnyy”
Magnitogorsk
31/01/2021
article 19.3 § 1 of CAO
detention for 2 days
Chelyabinsk Regional Court
16/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.20 p.m. on 31/01/2021 until 2.40 p.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;
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 police officers on whose written statements the applicant’s conviction was based
43929/21*
13/08/2021
Aleksey Igorevich PARKIN
1984
Veronika Yuryevna Karagodina
St Petersburg
Rally “Free Navalnyy”
St Petersburg
31/01/2021
article 20.2 § 6.1 of CAO
detention for 10 days
St Petersburg City Court
09/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1.45 p.m. on 31/01/2021 until 5.37 p.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;
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 police officers on whose written statements the applicant’s conviction was based
44010/21
30/08/2021
Anton Olegovich TARANOV
1984
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
02/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1.10 p.m. until 11.00 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
44078/21*
30/08/2021
Sergey Sergeyevich SERGEYEV
1989
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
detention for 10 days
Moscow City Court
09/02/2021
(The administrative case file was returned to the first-instance court (the Nagatinskiy District Court in Moscow) and was available in its registry on 3 March 2021 (the applicant submits a copy of the electronic tracking system available on the District Court’s Internet site)
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.00 p.m. on 02/02/2021 until 8.00 p.m. on 04/02/2021;
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 the trial police officers 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
44133/21
30/08/2021
Kirill Stepanovich GERASIMOV
1995
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
18/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 12.45 a.m. until 4.30 a.m. on 03/02/2021;
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 the trial police officers on whose written statements the applicant’s conviction was based
44142/21*
30/08/2021
Ilya Sergeyevich DUMANSKIY
1997
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
detention for 10 days
Moscow City Court
02/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 6.15 p.m. on 31/01/2021 until 4.00 p.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;
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
[1] Butkevich v. Russia, no. 5865/07, §§ 63-65, 13 February 2018, Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 115-31, 10 April 2018, and Korneyeva v. Russia, no. 72051/17, §§ 34-36, 8 October 2019.
[2] Karelin v. Russia, no. 926/08, §§ 58-85, 20 September 2016.
[3] Schatschaschwili v. Germany [GC], no. 9154/10, §§ 100-31, ECHR 2015, and Murtazaliyeva v. Russia [GC], no. 36658/05, §§ 150-59, 18 December 2018.
[4] Martynyuk v. Russia, no. 13764/15, §§ 38-42, 8 October 2019.
[5] Kasparov and Others v. Russia (no. 2), no. 51988/07, §§ 48-51, 13 December 2016.