Published on 5 February 2024
FOURTH SECTION
Application no. 39000/18
Anton Viktorovich STRUNIN against Russia
and 13 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 6 § 1 of the Convention relating to lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings which are the subject of well-established case law of the Court (see Karelin v. Russia, no. 926/08, 20 September 2016).
APPENDIX – STATEMENT OF FACTS
List of applications raising complaints under Article 6 § 1 of the Convention
(lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Penalty
Date of final domestic decision
Name of court
Other complaints under well-established case-law
39000/18*
01/08/2018
Anton Viktorovich STRUNIN
1982
fine of RUB 1,000
12/03/2018 Oktyabrskiy District Court of Penza
Art. 10 (1) - conviction for the display of slogans/banners/other symbols by participants in public events - In three separate sets of administrative offence proceedings the applicant was convicted for distributing leaflets about forthcoming anti-government manifestations, fine RUB 1,000 in each set of the proceedings, Article 5.12 § 1 of CAO, final decisions: Zheleznodorozhniy District Court of Penza 02/02/2018, Oktyabrskiy District Court of Penza 12/03/2018, Leninskiy District Court of Penza 15/03/2019.
13606/21
12/02/2021
Kristina Salakhovna ALTSHULER
1989
Aleksey Vladimirovich Bushmakov
Yekaterinburg
fine of RUB 20,000
03/11/2020 Sverdlovsk Regional Court
Art. 10 (1) - conviction for making calls to participate in public events – calls to participate in a manifestation on 01/08/2020 in Yekaterinburg, Article 20.2 § 2 of CAO, fine of RUB 20,000, final decision 03/11/2020, Sverdlovsk Regional Court
20524/21
29/03/2021
Sergey Vladimirovich TOLMACHEV
1979
Andrey Gennadyevich Lepekhin
Chelyabinsk
fine of RUB 25,000
30/09/2020 Chelyabinsk Regional Court
Art. 10 (1) - conviction for making calls to participate in public events – calls to participate in a manifestation in Chelyabinsk on 25/07/2020, Article 20.2 § 2 of CAO, fine of RUB 25,000, final decision 30/09/2020, Chelyabinsk Regional Court
24232/21*
19/04/2021
Andrey Sergeyevich PROKUDIN
1990
Aleksandr Yevgenyevich Pomazuyev
Vilnius
detention for 10 days,
detention for 4 days,
fine of RUB 160,000
28/01/2021,
Tver Regional Court
23/04/2021,
Tver Regional Court
30/06/2021
Tver Regional Court
Art. 10 (1) - conviction for making calls to participate in public events – calls to participate in a rally to support A. Navalnyy on 23/01/2021 in Tver, Article 20.2 § 2 CAO, detention for 10 days, final decision Tver Regional Court, 28/01/2021,
Art. 5 (1) - unlawful detention –
(1) escorting to the police station on 23/01/2021 for compiling an offence report, detention beyond the three-hour statutory period (complaint lodged on 19/04/2021);
(2) escorting to the police station on 19/04/2021 for compiling an offence report, detention beyond the three-hour statutory period (complaint lodged on 15/10/2021).
29002/21
11/05/2021
Pavel Valeryevich CHERNUKHIN
1978
Vyacheslav Sergeyevich Ivanets
Tbilisi, Georgia
detention for 10 days
28/04/2021
Irkutsk Regional Court
Art. 10 (1) - conviction for making calls to participate in public events – calls to participate in a rally in support of A. Navalnyy on 21/04/2021 in Irkutsk, Article 20.2. § 2 of CAO, detention of 10 days, 28/04/2021 Irkutsk Regional Court:
41318/21*
05/08/2021
Anton Maksimovich TALYKOV
1998
Aleksandr Yevgenyevich Pomazuyev
Vilnius
detention for 10 days,
detention for 10 days
09/02/2021
Kurgan Regional Court
09/02/2021
Kurgan Regional Court
Art. 10 (1) - conviction for making calls to participate in public events - two convictions for calls to take part in rallies to support A. Navalnyy on 23/01/2021 and 31/01/2021 in Kurgan, Article 20.2 § 2 of CAO, each time the applicant was sentenced to detention for 10 days, final decisions on 09/02/2021 by the Kurgan Regional Court (in both sets of proceedings).
45365/21*
24/08/2021
Olga Yuryevna KOMLEVA
1979
Memorial Human Rights Centre
Moscow
fine of RUB 30, 000,
fine of RUB 25, 000,
fine of RUB 150, 000
24/02/2021 Supreme Court of the Bashkortostan Republic
24/02/2021 Supreme Court of the Bashkortostan Republic
17/05/2021 Supreme Court of the Bashkortostan Republic
Art. 10 (1) - various restrictions on the right to freedom of expression - disproportionate interference with her freedom of expression on account of her convictions under Art. 20.2 § 2 CAO for publishing
(1) on 26/01/2021 on her Facebook page a call to participate in a rally "Free Navalnyy" on 31/01/2021 in Ufa, final decision 24/02/2021 by the Supreme Court of the Bashkortostan Republic;
(2) on 21/01/2021 on her Facebook page a call to participate in a rally "Free Navalnyy" on 23/01/2021 in Ufa, final decision on 24/02/2021 by the Supreme Court of the Bashkortostan Republic
60774/21*
07/12/2021
Vladislav Andreyevich OSIPOV
1996
Yelena Yuryevna Pershakova
Moscow
detention for 5 days
09/06/2021 Voronezh Regional Court
Art. 10 (1) - various restrictions on the right to freedom of expression – calls to participate in a rally to support A. Navalnyy on 21/04/2021 in Voronezh, Article 20.2 § 2 of CAO, detention for 5 days, final decision by the Voronezh Regional Court on 09/06/2021,
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 the trial the police officers on whose written statements the applicant’s conviction was based,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
3655/22*
30/12/2021
Olga Vladimirovna BELOVA
1974
Ivan Yuryevich Zhdanov
Vilnius
fine of RUB 20,000
06/07/2021
Omsk Regional Court
Art. 10 (1) - conviction for making calls to participate in public events – calls to participate in a rally to support A. Navalnyy on 21/04/2021 in Omsk, Article 20.2 § 2 of CAO, fine of RUB 20,000, final decision Omsk Regional Court 06/07/2021
7996/22*
14/01/2022
Roman Aleksandrovich PISHCHALNIKOV
1990
Aleksandr Vasilyevich Popkov
Sochi
detention for 10 days
18/08/2021 Krasnodar Regional Court
Art. 10 (1) - conviction for making calls to participate in public events – calls to participate in a rally to support A. Navalnyy on 21/04/2021 in Sochi, Article 20.2 § 2 of CAO, detention for 10 days, final decision - Krasnodar Regional Court, 18/08/2021,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
11784/22*
31/01/2022
Dmitriy Aleksandrovich SPIRIN
1975
Yeva Viktorovna Levenberg
Moscow
fine of RUB 25,000
25/10/2021, Moscow City Court
Art. 10 (1) - various restrictions on the right to freedom of expression – calls to participate in a rally to support A. Navalnyy on 23/01/2021 in Moscow, Article 20.2 § 2 CAO, fine of RUB 25,000, final decision 25/10/2021, Moscow City Court
35314/22
01/07/2022
Aleksandr Yuryevich LEBEDEV
1965
Natalya Andreyevna Baranova
Moscow
fine of RUB 20,000
24/01/2022
Saratov Regional Court
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,
Art. 10 (1) - conviction for making calls to participate in public events – calls to participate in a manifestation in support of local business on 22/10/2021 in Saratov, Article 20.2 § 2 of CAO, fine of RUB 20,000, final decision Saratov Regional Court 24/01/2022.
54423/22*
08/11/2022
Ruslan Aleksandrovich BOROVSKIY
1983
Damir Ravilevich Gaynutdinov
Kazan
detention for 10 days
08/07/2022
Moscow City Court
Art. 10 (1) - conviction for the display of slogans/banners/other symbols by participants in public events - public display of symbols of Navalnyy’s organisation, Article 20.3 § 1 of CAO, detention for 10 days, final decision on 08/07/2022 by the Moscow City Court,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the applicant started serving his 10 days’ sentence right after the judgment of the first-instance court and even before his appeal was examined by the Moscow City Court.
56631/22
27/11/2022
Marat Viktorovich NIKITIN
1975
Stanislav Aleksandrovich Seleznev
Samara
fine of RUB 1,000
04/08/2022,
Supreme Court of the Chuvashia Republic
Art. 10 (1) - various restrictions on the right to freedom of expression - On 21/08/2020 the applicant posted a photo of A. Navalnyy with a FBK sign on it, conviction to a fine of RUB 1,000, Article 20.3 § 1 of the CAO, final decision by the Supreme Court of the Chuvashia Republic on 04/08/2022,
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