Published on 5 February 2024
FIFTH SECTION
Application no. 14129/20
Tatyana Kirillovna SOKOLOVSKAYA and
Yekaterina Sergeyevna TUROBOVA against Russia
and 8 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
14129/20
27/02/2020
Tatyana Kirillovna SOKOLOVSKAYA
1961
Yekaterina Sergeyevna TUROBOVA
1960
Ernest Aleksandrovich Mezak
Saint-Barthélemy-d’Anjou
Ms Sokolovskaya: protest against construction of a landfill in Shiyes
Yarensk
09/06/2019
Ms Turobova: protest against construction of a landfill in Shiyes
Yarensk
09/06/2019
article 20.2 § 1 of CAO
article 20.2 § 1 of CAO
fine of RUB 10,000 (Ms Sokolovskaya)
fine of RUB 10,000 (Ms Turobova)
Arkhangelsk Regional Court
27/08/2019
Arkhangelsk Regional Court
27/08/2019
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in the proceedings against both Ms Sokolovskaya and Ms Turobova
28235/20*
16/06/2020
Aleksandr Vitalyevich VLASOV
1978
Ernest Aleksandrovich Mezak
Saint-Barthélemy-d’Anjou
protest against construction of a landfill in Shiyes
Mezhyog
27/08/2019
article 20.2.2. § 1 of CAO
article 19.3 § 1 of CAO
20 hours of community work
fine of
RUB 500
Supreme Court of the Republic of Komi
18/12/2019
Supreme Court of the Republic of Komi
18/12/2019
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of administrative proceedings against the applicant;
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 two administrative convictions were based, in both sets of proceedings against the applicant;
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant complains of being convicted twice in relation to the same protest / Supreme Court of the Republic of Komi / 18/12/2019 (Article 19.3 of CAO and Article 20.2.2. § 1)
28238/20*
16/06/2020
Mikhail Yevgenyevich YARYGIN
1976
Ernest Aleksandrovich Mezak
Saint-Barthélemy-d’Anjou
protest against construction of a landfill in Shiyes
Mezhyog
27/08/2019
article 20.2.2. § 1 of CAO
article 19.3 § 1 of CAO
fine of
RUB 5,000
fine of
RUB 500
Supreme Court of the Republic of Komi
18/12/2019
Supreme Court of the Republic of Komi
11/12/2019
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of proceedings against the applicant
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 convictions were based (in both sets of proceedings)
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant complains of being convicted twice in relation to the same protest / Supreme Court of the Republic of Komi / 11/12/2019 and 18/12/2019 (Article 19.3 of CAO and Article 20.2.2. § 1)
33849/20*
15/06/2020
Sergey Aleksandrovich BAZLUTSKIY
1979
Ernest Aleksandrovich Mezak
Saint-Barthélemy-d’Anjou
protest against construction of a landfill in Shiyes
Mezhyog
27/08/2019
article 20.2.2. § 1 of CAO
article 19.3 § 1 of CAO
fine of
RUB 5,000
fine of
RUB 500
Arkhangelsk Regional Court
07/11/2019
Arkhangelsk Regional Court
10/12/2019
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of proceedings against the applicant,
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant complains of being convicted twice in relation to the same protest / Arkhangelsk Regional Court / 07/11/2019 and 10/12/2019 (Article 20.2.2. § 1 and Article 19.3 of CAO)
38404/20*
14/06/2020
Anna
Yuryevna SHCHEGORTSOVA
1985
Konstantin Mikhaylovich KORENKOV
1976
Ernest Aleksandrovich Mezak
Saint-Barthélemy-d’Anjou
protest against construction of a landfill in Shiyes
Mezhyog
27/08/2019
protest against construction of a landfill in Shiyes
Mezhyog
27/08/2019
protest against construction of a landfill in Shiyes
Mezhyog
27/08/2019
article 20.2.2 § 1 of CAO, (concerning Ms Shchegortsova)
article 20.2 § 6.1 of CAO, (concerning Mr Korenkov)
article 19.3 § 1 of CAO, (concerning Mr Korenkov)
fine of
RUB 5,000 (concerning Ms Shchegortsova)
fine of
RUB 5,000 (concerning Mr Korenkov)
fine of
RUB 500 (concerning Mr Korenkov)
Supreme Court of the Komi Republic
18/12/2019
Supreme Court of the Komi Republic
04/12/2019
Supreme Court of the Komi Republic
11/12/2019
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 applicants’ convictions were based
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - absence of a prosecuting party in the administrative proceedings against both applicants
38418/20*
14/06/2020
Dmitriy
Viktorovich NOVOZHILOV
1978
Nikita Vyacheslavovich ALEYNIK
1996
Ernest Aleksandrovich Mezak
Saint-Barthélemy-d’Anjou
Mr Novozhilov: protest against construction of a landfill in Shiyes
Mezhyog
27/08/2019
Mr Novozhilov: protest against construction of a landfill in Shiyes
Mezhyog
27/08/2019
Mr Aleynik: protest against construction of a landfill in Shiyes
Mezhyog
27/08/2019
Mr Aleynik: protest against construction of a landfill in Shiyes
Mezhyog
27/08/2019
article 20.2.2. § 1 of CAO
(concerning Mr Novozhilov)
article 19.3 § 1 of CAO (concerning Mr Novozhilov)
article 20.2.2. § 1 of CAO
(concerning Mr Aleynik)
article 19.3 § 1 of CAO
(concerning Mr Aleynik)
fine of RUB 10,000
(concerning Mr Novozhilov)
fine of
RUB 500
(concerning Mr Novozhilov)
fine of
RUB 5,000
(concerning Mr Aleynik)
fine of
RUB 500
(concerning Mr Aleynik)
Supreme Court of the Komi Republic
13/11/2019
Supreme Court of the Komi Republic
13/11/2019
Supreme Court of the Komi Republic
06/11/2019
Supreme Court of the Komi Republic 20/11/2019
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in all sets of the proceedings against both applicants,
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicants complain of being convicted twice in relation to the same protest / Supreme Court of the Republic of Komi / (Mr Novozhilov: 13/11/2019 and 13/11/2019 and Mr Aleynik: 06/11/2019 and 20/11/2019 (Article 19.3 of CAO and Article 20.2.2. § 1)
38439/20*
14/06/2020
Olga Aleksandrovna FEDULOVA
1976
Oleg Andreyevich SUKHAREV
1975
Ernest Aleksandrovich Mezak
Saint-Barthélemy-d’Anjou
Ms Fedulova: protest against construction of a landfill in Shiyes
Mezhyog
27/08/2019
Mr Sukharev: protest against construction of a landfill in Shiyes
Mezhyog
27/08/2019
Mr Sukharev: protest against construction of a landfill in Shiyes
Mezhyog
27/08/2019
article 20.2.2. § 1 of CAO
(concerning Ms Fedulova)
article 20.2.2. § 1 of CAO
(concerning
Mr Sukharev)
article 19.3 § 1 of CAO
(concerning
Mr Sukharev)
fine of
RUB 5,000
(concerning Ms Fedulova)
fine of
RUB 5,000
(concerning Mr Sukharev)
fine of
RUB 500
(concerning
Mr Sukharev)
Supreme Court of the Komi Republic
11/12/2019
Supreme Court of the Komi Republic
04/12/2019
Supreme Court of the Komi Republic
11/12/2019
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in respect of both applicants in all sets of the proceedings;
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - Mr Sukharev complains of being convicted twice in relation to the same protest / Supreme Court of the Republic of Komi / 04/12/2019 and 11/12/2019 (Article 20.2.2. § 1 and Article 19.3 § 1 of CAO),
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 applicants’ convictions were based – in all sets of the administrative-offence proceedings
41313/20*
27/08/2020
Oleg Vasilyevich LYZHIN
1990
Ernest Aleksandrovich Mezak
Saint-Barthélemy-d’Anjou
protest against construction of a landfill in Shiyes
Mezhyog
27/08/2018
protest against construction of a landfill in Shiyes
Mezhyog
27/08/2019
article 20.2.2. § 1 of CAO
article 19.3 § 1 of CAO
20 hours of community work
fine of
RUB 1,000
Supreme Court of the Komi Republic
27/11/2019
Supreme Court of the Komi Republic
11/12/2019
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of proceedings against the applicant,
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 convictions were based,
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant complains of being convicted twice in relation to the same protest / Supreme Court of the Republic of Komi / 27/11/2019 and 11/12/2019 (Article 20.2.2. § 1 and Article 19.3 of CAO)
49712/20*
22/10/2020
Artem Vasilyevich SHEVELEV
1981
Ernest Aleksandrovich Mezak
Saint-Barthélemy-d’Anjou
protest against construction of a landfill in Shiyes
Mezhyog
27/08/2019
article 20.2.2. § 1 of CAO
article 19.3 § 1 of CAO
20 hours of community work
fine of
RUB 500
Ust Vymskiy District Court of the Republic of Komi
15/11/2019
(final decision by the Supreme Court Komi Republic 22/01/2020) and 29/01/2020).
Ust Vymskiy District Court of the Republic of Komi
26/11/2019
(final decision by the Supreme Court Komi Republic 29/01/2020).
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of proceedings against the applicant;
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant complains of being convicted twice in relation to the same protest / Ust Vymskiy District Court the Republic of Komi / 15/11/2019 and 26/11/2019 (Article 20.2.2. § 1 and Article 19.3 of CAO);
Prot. 7 Art. 2 – lack of review by an appeal court - the applicant complains that in contravention of direct rulings of the Russian Supreme Court on legal aid and the position of appeal court in an identical case of another applicant (no. 33849/20 (see above no. 4)) concerning the Shiyes protest, the Supreme Court of the Republic of Komi, in its rulings of, respectively, of 22/01/2020 and 29/01/2020, refused to examine the appeal complaint of the applicant’s lawyer L. on the merits, stating that L. had no right to bring an appeal on the applicant’s behalf because he had not participated in the first-instance court proceedings