Published on 27 November 2023
THIRD SECTION
Application no. 20140/21
Yaroslav Aleksandrovich SMOLEV against Russia
and 13 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
20140/21*
23/03/2021
Yaroslav Aleksandrovich SMOLEV
1999
Memorial Human Rights Centre
Moscow
Rally in support of S. Furgal
Khabarovsk
28/11/2020
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Khabarovsk Regional Court
12/01/2021
Art. 5 (1) - unlawful detention –
(i) arrest and detention between 28/11/2020 and 30/11/2020 as administrative suspect, after the offence record had been complied,
and
(ii) on 06/03/2022 and on 07/04/2022, each time the applicant was escorted to a police station and detained there for the sole purpose of compiling an offence record (under articles 20.6.1 § 1 of the CAO and 20.3.3 of the CAO, respectively); no written record of the administrative escorting,
Art. 6 (1) - unfair trial in administrative offence proceedings - the courts’ refusal to order a linguistics expert examination of the applicant’s poster and slogans (the second set of proceedings, the final judgment of 01/06/2022 by the Khabarovsk Regional Court),
Art. 10 (1) - various restrictions on the right to freedom of expression - Khabarovsk, 06/03/2022, Solo demonstration against the war in Ukraine - arrest and conviction under article 20.3.3 § 1of CAO, fine of RUB 30,000, final judgment of 01/06/2022 by the Khabarovsk Regional Court
37509/21*
10/07/2021
Oleg Nikolayevich KOVALEV
1975
Milita Petrovna Borodina
Magnitogorsk
Rally in support of A. Navalnyy
Magnitogorsk
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Chelyabinsk Regional Court
24/03/2021
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 administrative offence proceedings (final judgments of 24/03/2021 and 24/11/2021),
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 (both sets of administrative offence proceedings, final judgments of 24/03/2021 and 24/11/2021) and prosecution witness R. (the first set of proceedings, final judgment of 24/03/2021),
Art. 10 (1) - conviction for making calls to participate in public events - arrest, conviction under article 20.2-2 of the CAO, fine of RUB 10,000 for publishing on 06/09/2021 a call for participation in a Left Front rally (scheduled for 12/09/2021) to a vKontakte page, final judgment of 24/11/2021 by the Chelyabinsk Regional Court (see Elvira Dmitriyeva v. Russia, nos. 60921/17 and 7202/18, §§ 77-90, 30 April 2019).
40129/21*
28/07/2021
Sergey Nikolayevich KOZLOV
1994
Memorial Human Rights Centre
Moscow
Rally in support of A. Navalnyy
Ulyanovsk
31/01/2021
article 20.2 § 2 of CAO
administrative detention of 8 days
Ulyanovsk Regional Court
03/02/2021
Art. 5 (1) - unlawful detention - 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 in open court 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 the appeal under the CAO
43252/21*
17/08/2021
Marina Lvovna SAVVATEYEVA
1961
Rally in support of A. Navalnyy
Chita
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Zabaykalskiy Regional Court
15/03/2021
Art. 10 (1) - disproportionate measures against solo demonstrators - Chita, 31/01/2021, solo demonstration in support of A. Navalnyy - conviction under article 20.2 § 2 of CAO, community service of 20 hours - final judgment of 09/03/2021 by the Zabaikalskiy Regional Court
45565/21*
25/08/2021
Kirill Vladislavovich ALEKHIN
1982
Ivan Yuryevich Zhdanov
Vilnius
Rally in support of A. Navalnyy
Kazan
31/01/2021
Protest against the war in Ukraine
Kazan
24/02/2022
article 20.2 § 5 of CAO
article 20.2 § 8 of CAO
fine of RUB 15,000
administrative detention of 10 days
Supreme Court of the Tatarstan Republic
14/04/2021
Supreme Court of the Tatarstan Republic
03/03/2022
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention (i) from 31/01/2021 to 01/02/2021 as administrative suspect, pending trial and after the offence record had been compiled;
and
(ii) from 24/02/2022 to 25/02/2022 as administrative suspect, pending trial and after the offence record had been compiled,
Art. 6 (1) - and Art. 6 (3) (c) - applicant’s absence from criminal proceedings - the applicant was absent from the appeal hearing of 03/03/2022 that took place while he was still in administrative detention, despite his request to attend; the prosecutor was present and the applicant was not represented (a lawyer had lodged the statement of appeal; the appellate court found that the he had failed to demonstrate that he had been authorised to represent the applicant during the appeal hearing),
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 in the second set of proceedings (final judgment of 03/03/2022)
Art. 10 (1) - disproportionate measures against solo demonstrators - alternatively to Article 11 issue (see, mutatis mutandis, Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-50, 17 April 2018; and Muchnik and Mordovin v. Russia [Committee], nos. 23814/15 and 2707/16, §§ 47-52, 12 February 2019)- - solo demonstration of 24/02/2022, Kazan, Protest against the war in Ukraine - arrest, conviction under Article 20.2-8, administrative detention of 10 days, final judgment of 03/03/2022 by the Supreme Court of the Republic of Tatarstan,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 25/02/2022 (the second set of proceedings) was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
54269/21*
13/10/2021
Mikhail Yuryevich GEORGI
1972
Memorial Human Rights Centre
Moscow
Picket in support of A. Navalnyy
Taganrog
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Rostov Regional Court
13/04/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
1438/22*
21/12/2021
Alan Aleksandrovich LEONGARD
1995
Mansur Idrisovich Gilmanov
Podolsk
Event in support of the LGBT community (hanging LGBTQ flags on the administrative buildings)
Moscow
07/10/2020
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
16/08/2021
Art. 5 (1) - unlawful detention - arrest and detention on 13/10/2020 for the sole purpose of drawing up a record of administrative offence in respect of the event of 07/10/2020
16587/22*
08/03/2022
Andrey Mikhaylovich GOLOSOV
1987
Dmitriy Vladimirovich Zubarev
Vladivostok
Rally against the pension reform
Vladivostok
15/09/2018
article 20.2 § 5 of CAO
fine of RUB 10,000
Primorye Regional Court (proceedings discontinued for the lack of corpus delicti)
16/01/2019
The applicant brought compensation proceedings; the courts awarded him RUB 10,000 (EUR 115) for unlawful administrative prosecution and rejected the remainder of his claim for compensation, final judgment: 08/09/2021, Supreme Court of Russia
Art. 5(1) – unlawful detention – arrest, escorting to a police station, detention on 15/09/2018 for the sole purpose of drawing up a record of administrative offence,
Art. 5 (5) - lack of, or inadequate, compensation for unlawful arrest or detention - by the final judgment of 08/09/2021 the Supreme Court of Russia rejected the applicant’s claim for compensation for unlawful arrest and escorting to a police station on 15/09/2018 for the sole purpose of drawing up a record of administrative offence
38018/22*
06/07/2022
Mikhail Aleksandrovich SALOSIN
1990
Rushan Rafisovich Kabirov
Kazan
Rally against the war in Ukraine
Kazan
27/02/2022
article 20.2 § 5 of CAO
fine of RUB 5,000
Supreme Court of the Republic of Tatarstan
11/05/2022
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 27/02/2022 for the sole purpose of drawing up a record of administrative offence
38113/22
02/06/2022
Yaroslav Vladimirovich YARTSEV
2001
Natalya Andreyevna Baranova
Moscow
Rally in support of A. Navalnyy
Moscow
23/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Moscow City Court
15/12/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 23/01/2021 and 24/01/2021 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 in open court police officers on whose written statements the conviction was based
42451/22
18/08/2022
Dmitriy Vladimirovich BLIZNETSOV
1966
Sergey Sergeyevich Kulikov
Nizhniy Novgorod
Rally against the war in Ukraine
Nizhniy Novgorod
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
27/04/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station between 06/03/2022 and 07/03/2022 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) - unfair criminal proceedings - various deficiencies of the administrative offence proceedings (no possibility to adduce evidence),
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.
51318/22*
21/10/2022
Taryana Nikolayevna BRYATKOVA
1958
Natalya Andreyevna Baranova
Moscow
Boris Nemtsov memorial rally
Moscow
27/02/2022
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
21/06/2022
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 27/02/2022 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 in open court police officers on whose written statements the conviction was based
51324/22
20/10/2022
Mariya Alekseyevna KORCHAGINA
1963
Boris Nemtsov memorial rally
Moscow
27/02/2022
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
21/06/2022
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 27/02/2022 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 in open court police officers on whose written statements the conviction was based
51338/22
21/10/2022
Maina Anatolyevna POTOLOVA
1973
Nataliya Andreyevna Baranova
Moscow
Rally against the war in Ukraine
Moscow
01/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
29/06/2022
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 01/03/2022 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 in open court police officers on whose written statements the conviction was based
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