Published on 27 November 2023
FOURTH SECTION
Application no. 4041/16
Aleksandr Anatolyevich SHELKOVENKOV and
Nikita Olegovich TRUBITSYN against Russia
and 21 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 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
4041/16*
25/12/2015
Aleksandr Anatolyevich SHELKOVENKOV
1995
Nikita Olegovich TRUBITSYN
1988
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally to support I. Dadin
Moscow,
17/11/2015
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
5 days of detention
(Shelkovenkov)
3 days of detention
(Trubitsyn)
Moscow City Court
20/11/2015
Moscow City Court
20/11/2015
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings against each applicant,
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 each applicant.
13061/18*
14/03/2018
Andrey Sergeyevich PIVOVAROV
1981
Sergey Aleksandrovich Golubok
Vilnius
Opposition rally
St Petersburg, 28/01/2018
Protest rally
Moscow,
01/07/2020
Rally against the constitutional amendments
Moscow,
15/07/2020
article 20.2 § 8 of CAO
article 20.2 § 2 of CAO
article 20.2 § 3 of CAO
25 days of detention
10 days of detention
14 days of detention
St Petersburg City Court
05/03/2018
Moscow City Court
21/09/2020
Moscow City Court
08/09/2020
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in three sets of administrative-offence proceedings,
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 case.
59645/18*
06/12/2018
Yuliya Viktorovna SHEVCHENKO
1999
Aleksey Vladimirovich Glukhov
Novocheboksarsk
Opposition rally
Cheboksary,
05/05/2018
Rally to support
A. Navalnyy
Cheboksary,
31/01/2021
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
20 hours of community work
20 hours of community work
fine of
RUB 10,000
Supreme Court of Chuvashia Republic
08/06/2018
Supreme Court of Chuvashia Republic
08/06/2018
Supreme Court of Chuvashia Republic
16/03/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in three sets of administrative-offence proceedings,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - the right to examine police officers whose pre-trial statements or reports were used for convicting the applicant in the 2021 case,
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - Final decisions in both set of proceedings - 08/06/2018, Supreme Court of Chuvashia Republic, Art. 20.2 § 5 CAO and Art. 20.2 § 5 CAO; overlap of the facts constituting the basis for the applicant’s prosecution and punishment in the second set of proceedings with substantially the same facts underlying his conviction in the first set of proceedings concerning the same "hybrid" rally on 05/05/2018.
4737/19*
05/12/2018
Tatyana Alekseyevna PAMFILOVA
1999
Kseniya Mikhaylovna Korchilova
St Petersburg
Opposition rally
St Petersburg,
05/05/2018
article 20.2 § 5 of CAO
article 19.3 § 1 of CAO
fine of
RUB 10,000
fine of
RUB 700
St Petersburg City Court
05/06/2018
St Petersburg City Court
05/06/2018
Art. 5 (1) - unlawful detention - on 05/05/2018 escorting to a police station for compiling an offence report,
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - following the appeal decision in the case under Art. 20.2 § 5 of CAO the applicant was also finally convicted, for substantially the same facts, in the case under Art. 19.3 § 1 of CAO.
7131/19*
21/01/2019
Vladimir Mikhaylovich SINYAKOV
1948
Ivan Yuryevich Zhdanov
Vilnius
Opposition rally
Kaliningrad,
05/05/2018
article 20.2 § 5 of CAO
fine of
RUB 10,000
Kaliningrad Regional Court
09/08/2018
7588/19*
16/01/2019
Timur Gabdelbaryyevich GATAULLIN
1986
Igor Nikolayevich Sholokhov
Kazan
Rally against the pension reform
Kazan,
09/09/2018
Rally to support
A. Navalnyy
Kazan,
31/01/2021
article 20.2 § 2 of CAO
article 20.2 § 5 of CAO
fine of
RUB 20,000
fine of
RUB 10,000
Supreme Court of the Tatarstan Republic
19/12/2018
Supreme Court of the Tatarstan Republic
05/05/2021
Art. 5 (1) - unlawful detention - on 09-10/09/2018 escorting to and detention in a police station for and 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 in 2018.
7931/19*
16/01/2019
Vadim Olegovich STEPANOV
1995
Igor Nikolayevich Sholokhov
Kazan
Rally against the pension reform
Kazan,
09/09/2018
article 20.2 § 2 of CAO
4 days of detention
Supreme Court of the Tatarstan Republic
18/09/2018
Art. 5 (1) - unlawful detention - on 09-10/09/2018 escorting to and detention in a police station for and 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,
Prot. 7 Art. 2 - Right of appeal against criminal conviction/sentence - immediate execution of the sentence of administrative detention; an appeal against it had no suspensive effect.
8487/19*
04/02/2019
Mikhail Yuryevich POSTNIKOV
1991
Igor Nikolayevich Sholokhov
Kazan
Rally against the pension reform
Kazan,
09/09/2018
article 20.2 § 2 of CAO
10 days of detention
Supreme Court of the Tatarstan Republic
29/12/2018
Art. 5 (1) - unlawful detention - on 27-28/12/2018 escorting to and detention in a police station for and after compiling an offence report in relation to the rally on 09/09/2018,
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 - Right of appeal against criminal conviction/sentence - immediate execution of the sentence of administrative detention; an appeal against it had no suspensive effect.
11466/19*
02/02/2019
Danila Andreyevich SARTAKOV
1996
Olga Sergeyevna Bederson
Perm
Opposition rally
Perm,
05/05/2018
article 20.2 § 5 of CAO
30 hours of community work
Perm Regional Court
02/08/2018
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
24946/19*
09/04/2019
Bogdan Vladimirovich LEVIN
1998
Maksim Vladimirovich Olenichev
St Petersburg
Rally against the pension reform
St Petersburg,
09/09/2018
article 20.2 § 6.1 of CAO
fine of
RUB 15,000
St Petersburg City Court
09/10/2018
Art. 5 (1) - unlawful detention - 09-10/09/2018 detention in a police station 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,
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.
25368/19*
30/04/2019
Leonid Gennadyevich MURZAYEV
1970
Ernest Aleksandrovich Mezak
Saint-Barthélemy-d’Anjou
Rally against the pension reform
Perm,
09/09/2018
article 20.2 § 8 of CAO
180 hours of community work
Perm Regional Court
31/10/2018
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 - in particular, the right to examine police officers whose pre-trial statements or reports were used for convicting the applicant.
7962/21*
26/12/2020
Sergey Vladimirovich FOMIN
1983
Svetlana Nikolayevna Bayturina
Moscow
Rally for fair elections to Mosgorduma
Moscow,
27/07/2019
article 20.2 § 3 of CAO
fine of
RUB 30,000
Moscow City Court
26/06/2020
Art. 5 (1) - unlawful detention - on 24/12/2019 escorting to a police station 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 - in particular, the right to examine police officers whose pre-trial statements or reports were used for convicting the applicant.
28057/21*
17/05/2021
Danil Sergeyevich MESHCHERYAKOV
1991
Anna Yevgenyevna Bochilo
Barnaul
Rally to support
A. Navalnyy
Barnaul,
23/01/2021
article 20.2 § 6.1 of CAO
fine of
RUB 10,000
Altay Regional Court
16/03/2021
Art. 5 (1) - unlawful detention - on 23-24/01/2021 detention in a police station for and 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.
28058/21*
17/05/2021
Dmitriy Vladimirovich BUDKOV
1990
Anna Yevgenyevna Bochilo
Barnaul
Rally to support
A. Navalnyy
Barnaul,
31/01/2021
article 20.2 § 6.1 of CAO
fine of
RUB 10,000
Altay Regional Court
25/03/2021
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 - right to examine police officers whose pre-trial statements or reports were used for convicting the applicant.
28112/21*
17/05/2021
Aleksey Aleksandrovich YELYSHEV
1998
Anna Yevgenyevna Bochilo
Barnaul
Rally to support A. Navalnyy
Barnaul,
23/01/2021
article 20.2 § 6.1 of CAO
fine of
RUB 10,000
Altay Regional Court
16/03/2021
Art. 5 (1) - unlawful detention - on 23-24/01/2021 detention in a police station for and 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.
28117/21*
17/05/2021
Sofya Andreyevna BELOUSOVA
1997
Anna Yevgenyevna Bochilo
Barnaul
Rally to support A. Navalnyy
Barnaul,
23/01/2021
article 20.2 § 6.1 of CAO
fine of
RUB 10,000
Altay Regional Court
17/03/2021
Art. 5 (1) - unlawful detention - on 23-24/01/2021 detention in a police station for and 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.
28154/21*
17/05/2021
Vladislav Sergeyevich GERASIMOV
2000
Anna Yevgenyevna Bochilo
Barnaul
Rally to support
A. Navalnyy
Barnaul,
31/01/2021
article 20.2 § 6.1 of CAO
fine of
RUB 10,000
Altay Regional Court
10/03/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
30208/21*
12/05/2021
Danil Yuryevich SHTIL
1997
Anna Yevgenyevna Bochilo
Barnaul
Rally to support
A. Navalnyy
Barnaul,
31/01/2021
article 20.2 § 6.1 of CAO
fine of
RUB 10,000
Altay Regional Court
17/03/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
30462/21
11/05/2021
Dmitriy Vladimirovich MELNIKOV
1967
Anna Yevgenyevna Bochilo
Barnaul
Rally to support
A. Navalnyy
Barnaul,
31/01/2021
article 20.2 § 6.1 of CAO
fine of
RUB 10,000
Altay Regional Court
23/03/2021
Art. 5 (1) - unlawful detention - on 01/02/2021 escorting to a police station 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.
36789/21
05/07/2021
Yelena Vladimirovna MIKHAYLOVA
1992
Dmitriy Georgiyevich Gerasimov
St Petersburg
Rally to support
A. Navalnyy
St Petersburg,
31/01/2021
article 20.2.2 § 1 of CAO
10 days of detention
St Petersburg City Court
09/02/2021
Art. 5 (1) - unlawful detention - on 31/01/2021 escorting to a police station 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 - right to examine police officers whose pre-trial statements or reports were used for convicting the applicant,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - lack of suspensive effect of an appeal against the sentence of detention; an appeal against it had no suspensive effect.
40294/21*
27/07/2021
Andrey Vitalyevich KATAMANOV
1996
Anna Yevgenyevna Bochilo
Barnaul
Rally to support
A. Navalnyy
Barnaul,
23/01/2021
article 20.2 § 6.1 of CAO
fine of
RUB 10,000
Altay Regional Court
03/03/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
51059/21
05/10/2021
Bogdan Gennadyevich LITVIN
1994
Sergey Aleksandrovich Loktev
St Petersburg
Rally (performance) to support Twitter
St Petersburg,
30/03/2021
article 20.2 § 2 of CAO
7 days of detention
St Petersburg City Court
06/04/2021
Art. 5 (1) - unlawful detention - on 30/03/2021 and 01/04/2021 escorting to and detention in a police station for and 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,
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.
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