Published on 5 February 2024
FIFTH SECTION
Application no. 30947/19
Aleksandr Olegovich SHURSHEV against Russia
and 5 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 11 January 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
30947/19
22/05/2019
Aleksandr Olegovich SHURSHEV
1982
Aleksandr Dmitriyevich Peredruk
St Petersburg
Rally to call for fair elections
St Petersburg
01/05/2019
Article 20.2 § 2 of CAO
Detention for 10 days
St Petersburg City Court
02/05/2019
Art. 5 (1) - unlawful detention - escorting to the police station on 01/05/2019 for compiling an offence report, detention beyond the three-hour statutory period.,
Art. 6 (1) - trial in camera - access of public and journalists to hearings was restricted,
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 police officers who had arrested the applicant and 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 by the court of first instance was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
28127/21
17/05/2021
Denis Viktorovich BIKBAYEV
1985
Anna Yevgenyevna Bochilo
Barnaul
Rally “Free Navalnyy”
Barnaul
23/01/2021
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,
Art. 5 (1) - unlawful detention - escorting to and detention in the police station before and after compiling an offence report from 3.30 p.m. on 23/01/2021 until court hearing at 6 p.m. on 24/01/2021
1401/22*
08/12/2021
Polina Vyacheslavovna GUSEVA
2003
Konstantin Aleksandrovich Markin
Velikiy Novgorod
Rally “Free Navalnyy”
Velikiy Novgorod
21/04/2021
Article 20.2 § 5 of CAO
20 hours of community work
Novgorod Regional Court
15/06/2021
Art. 5 (1) - unlawful detention - escorting to the police on 21/04/2021 for compiling an offence report, detention beyond the three-hour statutory period,
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 her conviction was based.
14568/22
11/02/2022
Maksim Nikolayevich KAYNOV
1987
Ruslan Vladimirovich Sozonov
Nizhniy Novgorod
Rally "Free Navalnyy"
Nizhniy Novgorod
31/01/2021
Article 20.2 § 5 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
11/08/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 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 the trial the police officers on whose written statements the applicant’s conviction was based.
24908/22*
06/08/2021
Konstantin Dmitriyevich SECHENIN
1993
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Moscow
31/01/2021
Article 20.2 § 6.1 of CAO
detention for 7 days
Moscow City Court
16/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station before and after compiling an offence report from 12.30 p.m. on 31/01/2021 until 3.15 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.
47255/22
10/09/2022
Andrey Nikolayevich VESELKOV
1966
Viktor Valeryevich Kochenkov
Izhevsk
Anti-war protest
Izhevsk
24/02/2022
Article 20.2 § 5 of CAO
30 hours of community work
Supreme Court of the Republic of Udmurtia
29/06/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 24/02/2022 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 the trial the police officers on whose written statements the applicant’s conviction was based.