Published on 30 October 2023
FIFTH SECTION
Application no. 24722/18
Igor Yevgenyevich SLIVIN against Russia
and 11 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 5 October 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 charges
Penalty
Final domestic decision
Court Name
Date
Other complaints under well-established case-law
24722/18*
14/05/2018
Igor Yevgenyevich SLIVIN
1990
Distribution of leaflets in support of A.Navalnyyy
Tambov
02/08/2017
Distribution of leaflets in support of A.Navalnyyy
Tambov
16/09/2017
article 20.2 § 8 of CAO
article 20.2 § 8 of CAO
detention for 20 days
fine of RUB 300,000
Tambov Regional Court
14/11/2017
Tambov Regional Court
22/11/2017
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - three sets of administrative proceedings,
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report (i) on 05/10/2017; (ii) on 02/11/2017, and (iii) on 07/09/2018,
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 conviction was based (three sets of administrative proceedings),
Art. 10 (1) - conviction for making calls to participate in public events – the applicant made calls for participation in the rally in support of A. Navalnyyy on 29/10/2017 in Tambov, Article 20.2 § 8 of CAO, detention for 25 days, final decision Tambov Regional Court 10/09/2018
40138/18*
14/08/2018
Leonid Vladimirovich SANKIN
1963
Ivan Yuryevich Zhdanov
Vilnius
Manifestation in support of presidential candidacy of A.Navalnyy
Teatralnaya square, Rostov-on-Don
24/12/2017
Article 20.2 § 8 of the CAO
fine of RUB 75,000
Rostov Regional Court
20/02/2018
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 police officers on whose written statements the conviction was based
46388/18*
21/09/2018
Valeriya Ibragimovna DZBOYEVA
1998
Ivan Yuryevich Zhdanov
Vilnius
Manifestation in support of presidential candidacy of A.Navalnyy
Rostov-on-Don
24/12/2017
article 20.2 § 6-1 of CAO
fine of RUB 7,500
Rostov Regional Court
22/03/2018
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 police officers on whose written statements the conviction was based
50049/18*
10/10/2018
Pavel Yuryevich SMIRNOV
1991
Ivan Yuryevich Zhdanov
Vilnius
Manifestation against Putin’s re-election as president
Voronezh
05/05/2018
article 20.2 § 5 of CAO
fine of RUB 10,000
Voronezh Regional Court
14/06/2018
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 police officers on whose written statements the conviction was based
8678/19*
21/01/2019
Ivan Andreyevich TUMANOV
1999
Ivan Yuryevich Zhdanov
Vilnius
Rally “Free Navalnyyy”
Pokrov
05/04/2021
Opposition rally against Putin’s
re-election
Vladimir
05/05/2018
article 20.2.2 § 3 of CAO
article 20.2 § 5 of CAO
detention for 11 days
fine of RUB 5,000
Vladimir Regional Court
29/04/2021
Vladimir Regional Court
11/09/2018
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report on 19/04/2021,
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 the administrative 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 conviction was based (both sets of administrative proceedings)
40190/21
21/07/2021
Ivan Aleksandrovich KHUDYAKOV
1989
Andrey Gennadyevich Lepekhin
Chelyabinsk
Rally “Free Navalnyyy”
Chelyabinsk
23/01/2021
article 19.3 § 1 of CAO
detention for 30 days
Chelyabinsk Regional Court
26/01/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.05 p.m. on 23/01/2021 until 1.00 p.m. on 24/01/2021
41534/21*
03/08/2021
Andrey Leonidovich FATEYEV
1988
Ivan Yuryevich Zhdanov
Vilnius
Rally “Free Navalnyyy”
Tomsk
23/01/2021
Manifestation in support of A. Navalnyyy
Tomsk
31/01/2021
article 20.2 § 2 of CAO
article 20.2 § 1 of CAO
fine of RUB 25,000
fine of RUB 20,000
Tomsk Regional Court
12/02/2021
Tomsk Regional Court
12/03/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - three sets administrative proceedings,
Art. 6 (1) - unfair criminal proceedings - various shortcomings in the administrative offence proceedings which ended on 12/02/2021 and on 12/03/2021 (no access to a lawyer during detention at the police station),
Art. 10 (1) - conviction for making calls to participate in public events – the applicant made public calls for the participation in the rally in support of A. Navalnyyy on 21/04/2021 in Tomsk, Article 20.2 § 8 of CAO, detention for 30 days, final decision Tomsk Regional Court on 04/05/2021
43776/21*
26/08/2021
Denis Freddiyevich KADENA
1998
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyy”
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
26/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.22 p.m. on 02/02/2021 until 7.04 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 his conviction was based
51184/21*
08/10/2021
Konstantin Mikhaylovich YUDIN
1995
Ivan Yuryevich Zhdanov
Vilnius
Rally "Free Navalnyyy"
Moscow
23/01/2021
Rally “Free Navalnyyy”
Moscow
31/01/2021
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
fine of RUB 15,000
fine of RUB 10,000
Moscow City Court
17/11/2021
Moscow City Court
14/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record (i) between 1.45 p.m. and 11.50 p.m. on 23/01/2021; (ii) between 7.46 p.m. and 11.44 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 - both sets of the administrative 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 (both sets of the administrative proceedings)
58077/21*
09/11/2021
Yuliya Borisovna SMIRNOVA
1990
Sergey Sergeyevich Kulikov
Nizhniy Novgorod
Rally “Free Navalnyyy”
Nizhniy Novgorod
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
27/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record: (i) between 12.25 p.m. and 7.28 p.m. on 31/01/2021; (ii) between 5.42 p.m. on 24/02/2022 and 2.30 p.m. on 25/02/2022,
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 administrative 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 (both sets of administrative proceedings),
Art. 10 (1) - disproportionate measures against solo demonstrators - Nizhniy Novgorod, 24/02/2022, anti-war solo demonstration, fine of RUB 80,000, final decision: Nizhniy Novgorod Regional Court on 13/04/2022
34101/22*
01/07/2022
Kirill Aleksandrovich SUKHORUKOV
1999
Ivan Yuryevich Zhdanov
Vilnius
Protest against war in Ukraine
Kaliningrad
24/02/2022
article 20.2 § 8 of CAO
detention for 10 days
Kaliningrad Regional Court
05/03/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report: (i) from 7.00 p.m. on 24/02/2022 until 4.15 p.m. on 25/02/2022; (ii) from 3.40 p.m. on 08/03/2022 until 3.40 p.m. on 09/03/2022,
Art. 10 (1) - disproportionate measures against solo demonstrators - picket against war in Ukraine held on 08/03/2022, conviction under article 20.3.3 § 1 of CAO, fine of RUB 30,000, final decision on 31/05/2022, Kaliningrad Regional Court,
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 administrative 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 conviction was based (both sets of administrative proceedings),
Art. 6 (1) - unfair criminal proceedings - various shortcomings in both sets of the administrative offence proceedings (no access to a lawyer during detention at the police station)
47813/22*
17/09/2022
Yevgeniy Aleksandrovich SHEVTSOV
1986
Protest against war in Ukraine
St Petersburg
27/02/2022
article 20.2.2. § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
19/05/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 6.00 p.m. on 27/02/2022 until 1.00 p.m. on 28/02/2022;
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 conviction was based
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