Published on 30 May 2023
SECOND SECTION
Application no. 12896/20
Aleksandr Aleksandrovich SMIRNOV against Russia
and 29 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 4 May 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 10 § 1 of the Convention relating to disproportionate measures against solo demonstrators which are the subject of well-established case law of the Court (see Novikova and Others v. Russia, nos. 25501/07 and 4 others, 26 April 2016 and Lashmankin and Others v. Russia, nos. 57818/09 and 14 others, 7 February 2017).
APPENDIX – STATEMENT OF FACTS
List of applications raising complaints under Article 10 § 1 of the Convention
(disproportionate measures against solo demonstrators)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Location
Date
Purpose of the demonstration
Administrative charges
Penalty
Final domestic decision
Date
Name of the court
Other relevant information
Other complaints under well-established case-law
12896/20
27/02/2020
Aleksandr Aleksandrovich SMIRNOV
1971
Vladimir Igorevich Tsvingli
Moskou
Moscow, 10/05/2019
Solo picket in support of Darya Belyaeva
Article 20.2 § 5 of CAO,
administrative fine of RUB 10,000
04/09/2019 Moscow City Court
conviction for covering the face with a scarf during a solo demonstration
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 - impossibility to cross-examine police officers on whose written statements the applicant’s conviction was based
15642/20*
16/03/2020
Vladimir Arkadyevich KHEYFETS
1990
Alena Sergeyevna Borisova
Moscow
Moscow, 07/06/2019
Support of journalist
I. Golunov
Article 20.2
§ 6.1 of CAO,
administrative fine of RUB 10,000
Moscow City Court 24/09/2019
rotation - event classified as assembly post facto
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 applicant’s conviction was based;
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 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)- arrest, conviction for participation in a series of solo demonstrations held on 07/06/2019 by a group of no less than 80 participants (final judgment issued on 24/09/2019)
29234/20*
29/06/2020
Anna Andreyevna BULBASOVA
2000
Mansur Idrisovich Gilmanov
Podolsk
Moscow
31/12/2019 Picket in support of political prisoners
Article 20.2 § 8 of CAO,
administrative fine of RUB 150,000
12/03/2020, Moscow City Court
rotation - event classified as assembly post facto
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 reports the conviction was based;
Art. 5 (1) - unlawful deprivation of liberty - arrest and escort to the police station on 31/12/2019, in excess of three hours, for the sole purpose of drawing up a record of administrative offence (such record complied on 13/01/2020 only); failure to draw up a record of administrative offence (only an escort record was compiled);
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - - alternatively to Article 10 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) - arrest, conviction for participation in a series of solo demonstrations held on 31/12/2019 by a group of 13 participants, final judgment issued on 12/03/2020
36133/20*
03/08/2020
Yuliya Konstantinovna VOLKOVA
1980
Aleksandr Yevgenyevich Pomazuyev
Vilnius
Sochi
30/11/2019 Picket in support of medical professionals
Article 20.2 § 2 of CAO,
administrative fine of RUB 20,000
03/02/2020, Krasnodar Regional Court
rotation - event classified as assembly post facto
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 30/11/2019 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
51403/20*
03/11/2020
Nadejda Dmitriyevna SHCHETININA
1995
Mansur Idrisovich Gilmanov
Podolsk
Moscow, 02/06/2020 Protest against police brutality in the wake of the murder of
V. Taushankov
Article 20.2 § 5 of CAO
administrative fine of
RUB 10,000
21/09/2020, Moscow City Court
rotation - event classified as assembly post facto
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention there on 02/06/2020 for the sole purpose of drawing up a record of administrative offence (such record compiled on 10/06/2020);
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 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)- - arrest, conviction for participation in a series of solo demonstrations held on 02/06/2020 by a group of no less than 12 participants
51977/20*
19/11/2020
Anton Mikhaylovich CHUPRUNOV
1986
Aleksey Aleksandrovich Pryanishnikov
Tomsk
Tyumen, 20/06/2020, Protest against constitutional amendments
Article 20.2 § 2 of CAO,
administrative detention of 6 days
02/07/2020, Tyumen Regional Court
distance requirement - event classified as assembly post facto
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
53786/20*
19/11/2020
Tatyana Yevstegneyeva BESCHETNOVA
1959
Andrey Yevgenyevcich Shchukin
Nizhniy Tagil
Yekaterinburg 01/08/2020 in support of
S. Furgal
Article 20.2 § 5 of CAO,
administrative fine of RUB 10,000
28/10/2020 Sverdlovsk Regional Court
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention there on 07/08/2020, in excess of three hours, for the sole purpose of drawing up an administrative offence record
2017/21
02/12/2020
Oleg Igorevich KALININ
1992
Moscow, 14/03/2020, Protest against police brutality
Article 20.2 § 8 of CAO, administrative detention of 15 days
04/06/2020, Moscow City Court
rotation - event classified as assembly post facto
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 14/03/2020 in excess of three hours, for the sole purpose of drawing up a record of administrative offence (such record only compiled on 20/03/2020);
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 officer on whose written statements the applicant’s conviction was based;
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 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) - arrest, conviction for participation in a series of solo demonstrations held by no less than
60 participants on a rotation basis of 14/03/2020 (final judgment issued on 04/06/2020)
10439/21*
18/01/2021
Vladilen Petrovich YURYEV
1937
Dmitriy Vladimirovich Zubarev
Vladivostok
Vladivostok, 15/08/2020, Support of
S. Furgal
Article 20.2 § 5 of CAO, administrative fine of RUB 10,000
16/11/2020, Primorye 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 proceedings;
Art. 11 (1) - disproportionate measures against organisers and participants of public assemblies –
(i) alternatively to Article 10 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) - conviction under Article 20.2-5 of the CAO in a picket in support of S. Furgal, which the courts assessed post facto as a group picket held by no less than 30 participants, fine of RUB 10,000 (final judgment of 16/11/2020, Primorskiy Regional Court); and
(ii) conviction for participation in a rally in support of S. Furgal held on 01/08/2020, article 20.2 § 5 of the CAO, administrative fine of RUB 10,000 (final judgment of 24/11/2020, Primorye Regional Court).
11132/21*
01/02/2021
Yekaterina Sergeyevna SELEZNEVA
1981
Moscow, 31/05/2020, Protest against use of force against lawyers in Kabardino-Balkaria and other regions
Article 20.2 § 5 of CAO, administrative fine of
RUB 10,000
14/10/2020, Moscow City Court
rotation - event classified as assembly post facto
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 31/05/2020, in excess of three 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;
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - convicted twice for participation in one public event and on account of the same facts - second conviction: Art. 3.18.4 § 2 of the Code of Administrative Offences of Moscow - breach of the COVID-19 related restrictions, administrative fine of RUB 4,000, final judgment issued on12/03/2021 by the Moscow City Court.
13359/21*
10/02/2021
Elvira Mikhaylovna BUTAKOVA
1961
Danil Ilnurovich Nurgaleyev
Kazan
Kazan, 21/08/2020, Support of
A. Navalnyy
Article 20.2 § 2 of CAO, administrative fine of RUB 10,000
23/09/2020, Supreme Court of the Tatarstan Republic
rotation - event classified as assembly post facto
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention on 21/08/2020 in excess of three hours for the sole purpose of drawing a record of administrative offence
13363/21*
10/02/2021
Dmitriy Glebovich BLYUM
1992
Danil Ilnurovich Nurgaleyev
Kazan
Kazan
21/08/2020 Support of
A. Navalnyy
Article 20.2 § 5 of CAO, community service of 30 hours
30/09/2020, Supreme Court of the Republic of Tatarstan
rotation - event classified as assembly post facto
Art. 5 (1) - unlawful deprivation of liberty - arrest at 3 p.m., transfer to a police station and detention between 3.15 p.m. and 8.45 p.m. on 21/08/2020, in excess of three hours, for the sole purpose of drawing up a record of administrative offence.
16046/21*
05/03/2021
Ibragim Abukarovich BARAKHOYEV
1963
Memorial Human Rights Centre
Moscow
Moscow 11/05/2020 Drawing attention to the applicant’s poor social and economic situation
Article 20.2 § 5 of CAO, administrative fine of RUB 10,000
Moscow City Court, 18/01/2021
ban on public events at certain locations - Red Square, Moscow
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 11/05/2020 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.
20103/21*
23/03/2021
Oksana Viktorovna KLOCHKOVA
1992
Memorial Human Rights Centre
Moscow
Moscow, 21/08/2020, Support of
A. Navalnyy
Article 20.2 § 5 of CAO,
administrative fine of RUB 15,000
16/02/2021, Moscow City Court
rotation - event classified as assembly post facto
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 21/08/2020 for the sole purpose of drawing up a record of administrative offence (such record compiled on 28/08/2020);
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 the police officers on whose written statements the conviction was based;
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - - alternatively to Article 10 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) - arrest, conviction for participation in a series of solo demonstrations held on 21/08/2020 by a group of no less than 20 participants
20125/21*
23/03/2021
Gavit Gavitovich MUKANALIYEV
1988
Memorial Human Rights Centre
Moscow
Tver,
15/08/2020, Support of activist
A. Vazhenkov
Article 19.3 § 1 of CAO, administrative fine of
RUB 800
14/10/2020, Tver Regional Court
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 15/08/2020 for the sole purpose of drawing up a record of administrative offence (as confirmed by evidence and raised on appeal);
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
22643/21*
09/04/2021
Anna Andreyevna SHCHETNIKOVA
1999
Mansur Idrisovich Gilmanov
Podolsk
Moscow
27/06/2020 Support of activist
Yu. Tsvetkova
Article 20.2 § 5 of CAO, administrative fine of RUB 15,000
10/11/2020, Moscow City Court
rotation - event classified as assembly post facto
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 27/06/2020 in excess of three hours for the sole purpose of drawing a record of administrative offence (such record compiled on 14/07/2020 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 officer on whose written statements the applicant’s conviction was based;
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 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) - arrest, conviction for participation in a series of solo demonstrations held on a rotation basis of 27/06/2020.
25041/21
25/04/2021
Ivan Aleksandrovich BABKIN
2020
Mariya Olegovna Eysmont
Moscow
Moscow, 02/06/2020, Protest against police brutality
Article 20.2 § 5 of CAO, administrative fine of RUB 20,000
26/10/2020, Moscow City Court
rotation - event classified as assembly post facto
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 02/06/2020 for the sole purpose of drawing up a record of an 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 the open court the police officers on whose written statements the applicant’s conviction was based (the police officer did not appear, although the trial court summoned him);
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 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) - arrest, conviction for participation in a series of solo demonstrations held on 02/06/2020 by a group of no less than 30 participants
25263/21
25/04/2021
Kseniya Valeryevna LOGINOVA
1984
Mariya Olegovna Eysmont
Moscow
Moscow, 02/06/2020, Protest against police brutality
Article 20.2 § 5 of CAO, administrative fine of RUB 20,000
26/10/2020, Moscow City Court
rotation - event classified as assembly post facto
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 02/06/2020 for the sole purpose of drawing up a record of administrative offence (such record only compiled on 16/06/2020);
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 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) - arrest, conviction for participation in a series of solo demonstrations held on 02/06/2020 by a group of no less than 30 participants;
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 reports the conviction was based
25266/21
25/04/2021
Roza Kirillovna POZDNYAKOVA
Mariya Olegovna Eysmont
Moscow
Moscow, 02/06/2020, Protest against police brutality
Article 20.2 § 5 of CAO, administrative fine of RUB 20,000
26/10/2021 Moscow City Court
rotation - event classified as assembly post facto
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 02/06/2020 for the sole purpose of drawing up a record of administrative offence (such record only compiled on 16/06/2020);
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 police officers on whose written reports the conviction was based.
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 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)- arrest, conviction for participation in a series of solo demonstrations held on 02/06/2020 by a group of no less than 30 participants
26276/21*
30/04/2021
Sergey Petrovich PRONYUSHKIN
1969
Aleksandr Dmitriyevich Peredruk
St Petersburg
Samara, 15/08/2020, Picket in support of Khabarovsk protesters and against the politics of
V. Putin
Article 20.2 § 8 of CAO, community service of 150 hours
03/11/2020 Samara Regional Court
Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 22/08/2020 for the sole purpose of drawing a record of administrative offence
26343/21
04/05/2021
Nikolay Vladimirovich ULITIN
1972
Roman Yevgenyevich Kachanov
Yekaterinburg
Yekaterinburg, 01/08/2020, Support of
S. Furgal
Article 20.2 § 5 of CAO,
administrative fine of RUB 10,000
05/11/2020 Sverdlovsk Regional Court
the applicant’s use of his car as a support for two posters considered as a solo demonstration using a "quickly (de)assembled object"
26569/21*
09/05/2021
Yefrosinya Aleksandrovna ROMANOVA
2021
Mansur Idrisovich Gilmanov
Podolsk
Moscow, 27/06/2020, Support of activist Yu.Tsvetkova
Article 20.2 § 5 of CAO, administrative fine of RUB 15,000
10/11/2020, Moscow City Court
rotation - event classified as assembly post facto
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 27/06/2020 in excess of three hours for the sole purpose of drawing up a record of administrative offence (such record drawn up on 13/07/2020);
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 applicant’s conviction was based;
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 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) - arrest, conviction for participation in a series of solo demonstrations held on a rotation basis of 27/06/2020 by no less than 50 participants characterised as assembly post facto
30213/21
11/05/2021
Andrey Mikhaylovich SKULTETSKIY
1997
Anna Yevgenyevna Bochilo
Barnaul
Barnaul, 19/01/2021, Support of
A. Navalnyy
Article 20.2 § 2 of CAO, administrative detention of 10 days
02/02/2021, Altay Regional Court
rotation - event classified as assembly post facto
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention between 23/01/2021 and 25/01/2021 for the sole purpose of drawing up a record of administrative offence (such record was compiled already on 23/01/2021), no evidence / assessment of any "exceptional circumstances" under the CAO;
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 - lack of suspensive effect of an appeal against the sentence of administrative detention (final judgment: 02/02/2021)
31258/21*
01/06/2021
Aleksandr Vladimirovich SYSOYEV
1980
Tambov, 20/08/2020, Support of
A. Navalnyy
Article 20.2 § 5 of CAO
and
Article 20.6.1
§ 1 of the CAO, administrative fine of RUB 10,000
09/12/2020 Tambov Regional Court
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
31469/21*
26/05/2021
Yan Vladimirovich SIDORENKO
1992
Daniil Alekseyevich Polyakov
Voronezh
Voronezh, 25/07/2020
Article 20.2 § 5 of CAO, administrative fine of RUB 10,000
Voronezh Region Court, 26/11/2020
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 25/07/2020 for the sole purpose of drawing up a record of an administrative offence;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
31647/21*
29/05/2021
Ilya Valeryevich LYUBIMOV
1993
Varvara Dmitriyevna Mikhaylova
St Petersburg
St Petersburg, 28/05/2020, Support of arrested journalist I. Azar
Article 8.6.1 § 2 of the Law of
St Petersburg "On Administrative Offences" of
31 May 2010,
a warning
30/11/2020, Kalininskiy District Court of St Petersburg
COVID-related ban on public events
Art. 5 (1) - unlawful deprivation of liberty - arrest at 6.40 p.m. at the latest, delayed escorting to a police station (9.20 p.m.), detention there on 28/05/2020 in excess of three 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
31691/21*
12/05/2021
Nadezhda Mikhaylovna ZHUYKOVA
1965
Aleksandr Dmitriyevich Peredruk
St Petersburg
Moscow
30/05/2020, Support of arrested journalist I. Azar
Article 20.2 § 5 of CAO,
administrative fine of RUB 12,000
26/11/2020, Moscow City Court
rotation - event classified as assembly post facto
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention on 30/05/2020 for the sole purpose of drawing up s record of administrative offence (such record compiled on 10/06/2020 only);
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 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) - arrest, conviction for participation in a series of solo pickets on 30/05/2020 in a group of no less than 10 participants
32184/21*
11/06/2021
Grigoriy Nikolayevich SOKOLOV
1995
Memorial Human Rights Centre
Moscow
Blagoveshchensk, 23/01/2021, Support of S. Furgal and political prisoners in Russia
Article 20.2 § 5 of CAO,
administrative fine of
RUB 10,000;
Article 20.6.1 § 1 of CAO, administrative fine of RUB 2,000
Amur Regional Court, 02/04/2021 (conviction under
Article 20.2 § 5 of the CAO)
Amur Regional Court, 02/04/2021 (conviction under
Article 20.6.1 § 1 of the CAO)
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention on 23/01/2021 in excess of three 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;
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 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) - discontinuation of the event, the applicant’s arrest and conviction for participation in picketing on 23/01/2021, two final judgments issued on 02/04/2021,
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - conviction for the same event under Article 20.2 § 5 of CAO and Article 20.6.1 § 1 of CAO
24511/22*
22/04/2022
Damir Tabrisovich SHINGAREYEV
1957
Yekaterinburg, 24/02/2022 "before 5 p.m." (as established by the courts), protest against the war in Ukraine
Article 20.2 § 2 of CAO, administrative detention of 10 days
05/03/2022, Sverdlovsk Regional Court
rotation - event classified as assembly post facto
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention between 8 p.m. on 24/02/2022 and
1.20 a.m. 26/02/2022 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 - both sets of proceedings;
Art. 11 (1) - disproportionate measures against organisers and participants of public assemblies - conviction under
Article 20.2 § 5 of CAO for participation in a demonstration against the war in Ukraine "between 6 p.m. and 7 p.m." on 24/02/2022, administrative fine of RUB 15,000, final judgment issued by the Sverdlovsk Regional Court on 25/05/2022;
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - detention imposed on the applicant on 26/02/2022 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
2641/23
27/11/2022
Aleksandr Valeryevich KUPRIYANOV
1986
Krasnoyarsk, 01/05/2022,
Protest against the war in Ukraine
Article 20.6.1 § 1 of CAO,
a warning
Krasnoyarsk Regional Court, 27/07/2022
conviction for a breach of the COVID-related ban on public events
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention there on 01/05/2022 for the sole purpose of drawing up a record of an administrative offence;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings