Published on 15 April 2024
THIRD SECTION
Application no. 67486/13
Mikhail Alekseyevich SHAPOVALOV against Russia
and 14 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 21 March 2024, 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 offence
Penalty
Final domestic decision
Court Name
Date
Other complaints under well-established case-law
67486/13*
03/10/2013
Mikhail Alekseyevich SHAPOVALOV
1984
Rally in support of political prisoners
Saratov
06/05/2013
Article 20.1 § 1 of CAO
detention of 1 day
Saratov Regional Court
21/06/2013
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 06/05/2013 until 07/05/2013,
Art. 10 (1) - Freedom of expression - Content-based restriction placed on the poster carried by the applicant during public rally.
23466/18*
10/05/2018
Aleksandr Andreyevich YEREMEYEV
1987
Mikhail Mikhaylovich Benyash
Sochi
Rally against unscrupulous commercial schemes
Gelendzhik
05/08/2017
Article 20.2 § 1 of CAO
fine of RUB 10,000
Krasnodar Regional Court
14/11/2017
54796/18*
01/11/2018
Alina Aleksandrovna MUZYCHENKO
1985
Irina Vadimovna Sergeyeva
Moscow
Rally in support of Telegram messenger
Moscow (Bolshaya Lubyanka, near FSB headquarters)
16/04/2018
Article 20.2.2. § 1 of CAO
fine of RUB 20,000
Moscow City Court
16/05/2018
Art. 5 (1) - unlawful detention - arrest, escorting to and detention at a police station between 6.30 p.m. on 16/04/2018 and 10.00 a.m. 17/04/2018,
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 the police officers on whose written statements the applicant’s conviction was based.
56198/18*
07/11/2018
Mikhail Mikhaylovich GERASIMOV
1986
Anton Sergeyevich MIKHALCHUK
1990
Aleksandr Nikolayevich RUZNYAEV
1997
Gleb Ruslanovich SHAFIGULLIN
1900
Mikhail Vladislavovich UVAROV
1995
Political protest against the President of Russia
Tyumen
08/03/2018
Article 20.2 § 5 of CAO
fine of RUB 10,000 (each applicant)
Tyumen Regional Court
07/05/2018
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 10 (1) - Freedom of expression - Failure to distinguish political activity and statements from a group protest, lack of relevant proportionality assessment,
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 the conviction was based.
14961/19*
23/02/2019
Nikolay Yuryevich PETROSYAN
1999
Oleg Olegovich USOV
2000
Maksim Vladimirovich Olenichev
St Petersburg
Political protest in the form of art performance
St Petersburg
07/05/2018
Article 20.2 § 5 of CAO
fine of RUB 10,000 (each applicant)
St Petersburg City Court
23/08/2018
Art. 5 (1) - unlawful detention - escorting to the police station on 07/05/2018 for 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,
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 the conviction was based,
Art. 10 (1) - various restrictions on the right to freedom of expression - Failure to distinguish an art performance from a group protest, lack of relevant proportionality assessment.
19720/19*
01/04/2019
Aleksandr Nikolayevich KRYLOV
1986
Aleksandr Yevgenyevich Pomazuyev
Vilnius
Distribution of leaflets in support of A. Navalnyy
Moscow
08/07/2017
Article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
24/12/2018
Art. 5 (1) - unlawful detention - arrest, escorting to and detention at a police station on 08/07/2017 between 3.40 p.m. and 5.00 p.m.,
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 the police officers on whose written statements the applicant’s conviction was based.
49731/19*
12/09/2019
Aleksandr Sergeyevich SOLOZHENKO
1995
Vladimir Valeryevich Vasin
Krasnoyarsk
Rally against pension reform
Krasnoyarsk
09/09/2018
Article 20.2 § 8 of CAO
detention for 20 days
Krasnoyarsk Regional Court
14/03/2019
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.
54546/19*
09/10/2019
Maksim Igorevich NAUMOV
1999
Dmitriy Igorevich Zakhvatov
Moscow
Internet Freedom Rally
Moscow
10/03/2019
Article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
06/06/2019
Art. 5 (1) - unlawful detention - escorting to the police station on 10/03/2019 for 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,
Art. 6 (3) (c) - Own choice of legal assistance - restriction on lawyer’s access to the police station.
55711/19*
15/10/2019
Igor Yuryevich ROMANOV
1998
Dmitriy Igorevich Zakhvatov
Moscow
Internet Freedom Rally
Moscow
10/03/2019
Article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
28/06/2019
Art. 5 (1) - unlawful detention - escorting to the police station on 10/03/2019 for 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,
Art. 6 (3) (c) - Own choice of legal assistance - restriction on lawyer’s access to the police station
57959/21*
12/11/2021
Leonid Vyacheslavovich TOMILOV
1982
Roman Yevgenyevich Kachanov
Yekaterinburg
Rally "Free Navalnyy"
Yekaterinburg
23/01/2021
Article 20.2 § 5 of CAO
20 hours of community works
Sverdlovsk Regional Court
02/06/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
72/22*
05/12/2021
Fedor Vladimirovich MILYAYEV
2000
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
Rally “Free Navalnyy”
Moscow
02/02/2021
Article 20.2 § 5 of CAO
Article 20.2 § 5 of CAO
fine of RUB 10,000
fine of RUB 15,000
Moscow City Court
29/10/2021
Moscow City Court
07/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report on 31/01/2021 between 1.30 p.m. and 6.00 p.m. and on 02/02/2021 between 12.50 p.m. and 7.10 p.m.,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of proceedings.
27420/22*
17/05/2022
Marina Olegovna SHIRYAYEVA
1995
Mariya Sergeyevna Zyryanova
St Petersburg
Performance to commemorate the International Day against Violence against Women
St Petersburg
25/11/2021
Article 20.2 § 2 of CAO
fine of RUB 20,000
St Petersburg City Court
18/01/2022
Art. 5 (1) - unlawful detention - arrest, escorting to and detention at a police station on 25-27/11/2021,
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 prosecution witnesses on whose statements her conviction was based.
31752/23*
18/07/2023
Lyudmila Borisovna VORSINA
1963
Anti-war protest
Moscow, Pushkinskaya Square
24/02/2022
Article 20.2 § 8 of CAO
fine of RUB 150,000
Moscow City Court
23/03/2023
Art. 5 (1) - unlawful detention - arrest, escorting to and detention at a police station between 7.00 p.m. on 24/02/2022 and 2.00 a.m. on 25/02/2022.
31844/23*
21/07/2023
Svetlana Ilshatovna DMITRIYEVA
1986
Anti-war protest
Moscow
13/03/2022
Article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
21/03/2023
Art. 5 (1) - unlawful detention - arrest, escorting to and detention at a police station on 13/03/2022 between 2.30 p.m. and 9.00 p.m.
31848/23*
20/07/2023
Yekaterina Andreyevna KOROLEVA
1999
Anti-war protest
Moscow
06/03/2022
Article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
21/03/2023
Art. 5 (1) - unlawful detention - arrest, escorting to and detention at a police station on 06/03/2022 between 3.35 p.m. and 11.30 p.m.