Published on 26 June 2023
SECOND SECTION
Application no. 16047/21
Sergey Nikolayevich SKOROKHODOV against Russia
and 19 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
16047/21
05/03/2021
Sergey Nikolayevich SKOROKHODOV
1991
Memorial Human Rights Centre
Moscow
Rally for fair elections to Mosgorduma
Moscow
03/08/2019
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
24/09/2020
Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 03/08/2019 for the sole purpose of drawing up a record of administrative offence
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
16347/21*
09/03/2021
Aleksandr Gegamovich MURADYAN
1976
Darya Dmitriyevna Aksenova
Kolomna
Rally against the amendments to the Constitution
Moscow
15/07/2020
article 20.2 § 6.1 of CAO
fine of RUB 20,000
Moscow City Court
10/09/2020
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 15/07/2020 for the sole purpose of drawing up a record of administrative offence
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 the police officers on whose written statements the conviction was based
16588/21*
02/03/2021
Sergey Vladimirovich ERSHOV
1978
Mansur Idrisovich Gilmanov
Podolsk
Opposition rally
Moscow
22/06/2020
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
16/11/2020
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention on 22/06/2020 for the sole purpose of drawing up a record of administrative offence (such record drawn up on 15/07/2020)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
16783/21*
02/03/2021
Igor Nikolayevich AFANASYEV
1968
Mansur Idrisovich Gilmanov
Podolsk
Opposition rally
Moscow
22/06/2020
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
16/11/2020
Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 22/06/2020 for the sole purpose of drawing up a record of administrative offence (such record drawn up on 16/07/2020)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
17041/21
10/03/2021
Nikolay Vladimirovich KOMAROV
1987
Aleksey Vladimirovich Glukhov
Novocheboksarsk
Rally against amendments to the Constitution and COVID-19 restrictions
Samara
21/06/2020
article 20.2 § 5 of CAO
fine of RUB 10,000
Samara Regional Court
10/09/2020
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
17144/21*
15/03/2021
Emil Rolanovich YUNUSOV
2000
Fedor Yevgenyevich Sirosh
Moscow
A stroll in support of Ilya Azar
Moscow
05/06/2020
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
16/09/2020
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 08/06/2020 for the sole purpose of drawing up an administrative offence record in respect of the events of 05/06/2020
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 police officers on whose written statements the conviction was based
17336/21
09/03/2021
Natalya Anatolyevna TRUBINA
1984
Vladimir Valeryevich Vasin
Krasnoyarsk
Rally in support of Khabarovsk protests
Krasnoyarsk
08/08/2020
article 20.2 § 2 of CAO
fine of RUB 20,000
Krasnoyarsk Regional Court
10/09/2020
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention between 08/08/2020 and 09/08/2020 as administrative suspect, and after the record of an administrative offence had been drawn up on 08/08/2020
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
19425/21*
15/03/2021
Roman Grigiryevich KARTSEV
2002
Aleksandr Yevgenyevich Pomazuyev
Vilnius
Rally in support of A. Navalnyy
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
administrative arrest of 5 days
Moscow City Court
05/02/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest and detention between 31/01/2021 and 01/02/2021 as administrative suspect
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
19516/21*
17/03/2021
Valentina Aleksandrovna VAKULENKO
1957
Mansur Idrisovich Gilmanov
Podolsk
Opposition rally
Moscow
22/06/2020
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
16/12/2020
Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 22/06/2020 in excess of three hours for the sole purpose of drawing up a record of administrative offence (such record drawn up on 20/07/2020 only)
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 police officers on whose written statements the applicant’s conviction was based
19635/21*
23/03/2021
Yelena Nikolayevna SAMBORSKAYA
1974
Mikhail Igorevich Tunikov
Vladivostok
Rally in support of S. Furgal
Vladivostok
01/08/2020
article 20.2 § 5 of CAO
fine of RUB 10,000
Primorye Regional Court
05/10/2020
20145/21*
23/03/2021
Yegor Alekseyevich POROKHOVOY
2001
Memorial Human Rights Centre
Moscow
Rally in support of Alexey Navalnyy
Volgograd
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Volgograd 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
20384/21*
21/03/2021
Ilnur Diazettinovich BAYGAZIN
1994
Aydar Azatovich Mullanurov
Ufa
Rally for protection of Kushtau mountain
Bashkortostan Republic
15/08/2020
article 19.3 § 1 of CAO
fine of RUB 600
Supreme Court of the Bashkortostan Republic
21/09/2020
Art. 5 (1) - unlawful deprivation of liberty - unlawful detention on 15/08/2020 for more than 3 hours for the sole purpose of drawing up a record of administrative offence
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
21177/21*
31/03/2021
Nikita Pavlovich GOLOVIZIN
2001
Aleksandr Yevgenyevich Pomazuyev
Vilnius
Rally in support of A. Navalnyy
Voronezh
23/01/2021
article 20.2 § 2 of CAO;
article 20.2 § 5 of CAO
administrative detention of 5 days and fine of RUB 10,000
Voronezh Regional Court (two decisions) on
12/02/2021 and
26/02/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station on 26/01/2021 for the sole purpose of drawing up a record of administrative offence
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of the 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 police officer on whose written statements the applicant’s convictions were based
Art. 10 (1) - conviction for making calls to participate in public events - conviction under Art. 20.2 § 2 of the CAO for making calls to participate in an unauthorised rally of 23/01/2021 using his Vkontakte account (Elvira Dmitriyeva v.Russia, nos. 60921/17 and 7202/18, §§ 77-90, 30 April 2019)
22175/21
07/04/2021
Nadezhda Ivanovna KUZNETSOVA
1958
Rally in support of A. Navalnyy
Volgograd
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Volgograd Regional Court
10/03/2021
22224/21
02/04/2021
Sergey Andreyevich POKATILOV
2021
Vyacheslav Sergeyevich Ivanets
Tbilisi, Georgia
Rally in support of A. Navalnyy
Irkutsk
23/01/2021
article 20.2 § 2 of CAO
administrative detention of 10 days
Irkutsk Regional Court
28/01/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
22251/21*
08/04/2021
Talgat Albertovich AKHMADIYEV
1992
Rally in support of A. Navalnyy
Kazan
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
24/02/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to a police station, detention between 23/01/2021 and 25/01/2021 as administrative suspect
22597/21*
02/04/2021
Timur Robertovich SLAYEV
2000
Aleksandr Yevgenyevich Pomazuyev
Vilnius
Rally in support of A. Navalnyy
Saransk
23/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Supreme Court of Mordovia
03/03/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention between 23/01/2021 and 24/01/2021 as administrative suspect, after the offence record had been compiled on 23/01/2021; arrest recorded about 10 hours after the actual apprehension;
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 applicant’s conviction was based
23082/21*
27/04/2021
Andrey Aleksandrovich ALEKSANDROV
1989
Aleksandr Vladimirovich Molokhov
Moscow
Rally in support of A. Navalnyy
Moscow
23/01/2021
article 20.2 § 6.1 of CAO
administrative detention for 5 days
Moscow City Court
02/03/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 23/01/2023 for the sole purpose of drawing up a record of administrative offence (such record drawn up on 28/01/2021),
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 open court police officer on whose written statements the conviction was based and to submit video recordings in defence of the applicant’s version of events on an equal footing with the prosecution
31688/21
12/05/2021
Aleksandr Aleksandrovich KRYLOV
1961
Aleksandr Dmitriyevich Peredruk
St Petersburg
Rally is support of A. Navalnyy
St Petersburg
31/01/2021
article 20.2.2 § 1 of CAO
administrative detention of 13 days
St Petersburg City Court
10/02/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect;
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 on whose written statements the conviction was based
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 01/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 179-191, 10 April 2018)
32555/21*
15/06/2021
Daniil Sergeyevich MASALKIN
2002
Yelena Yuryevna Pershakova
Moscow
Commemorating the anniversary of the revolution
Perm
07/11/2020
article 20.2 § 5 of CAO
community works of 20 hours
Perm Regional Court
29/01/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention on 07/11/2020 for the sole purpose of drawing up a record of administrative offence; failure to draw up an arrest record
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 court the police officers who had arrested the applicant