Published on 8 January 2024
THIRD SECTION
Application no. 47310/20
Sergey Aleksandrovich SYCHEV against Russia
and 13 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 30 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 charges (Code of administrative offences, CAO)
Penalty
Final domestic decision
Court Name
Date
Other complaints under well-established case‑law
47310/20*
05/10/2020
Sergey Aleksandrovich SYCHEV
1987
Aleksandr Vasilyevich Popkov
Sochi
Spontaneous manifestation against construction of a combustion plant in Tatarstan
Zelenodolsky Town Court of the Tatarstan Republic
16/12/2019
article 20.2.2 § 1 of CAO,
article 19.3 § 1 of CAO
fines of RUB 10,000 and RUB 500
Supreme Court of the Tatarstan Republic (both decisions on the same date)
22/01/2020
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant has been held administratively liable twice regarding his participation in one and the same manifestation (complaint raised on appeal)
47320/20*
02/10/2020
Marat Minakhmatovich MUNASIPOV
1992
Aleksandr Vasilyevich Popkov
Sochi
Spontaneous manifestation against construction of a combustion plant in Tatarstan
Zelenodolsky Town Court of the Tatarstan Republic
16/12/2019
article 19.3 § 1 of CAO,
article 20.2.2 § 1 of CAO
fines of RUB 10,000 and RUB 500
Supreme Court of the Tatarstan Republic (both decisions on the same date)
22/01/2020
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 (22/01/2020, Supreme Court of the Tatarstan Republic),
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 and other witnesses on whose written statements the applicant’s conviction was based,
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant has been held administratively liable twice regarding his participation in one and the same manifestation (complaint raised on appeal).
47326/20*
01/10/2020
Valentina Veniaminovna KUZNETSOVA
1965
Aleksandr Vasilyevich Popkov
Sochi
Spontaneous manifestation against construction of a combustion plant in Tatarstan
Zelenodolsky Town Court of the Tatarstan Republic
16/12/2019
article 19.3 § 1 of CAO, article 20.2.2 § 1 of CAO
fines of RUB 10,000 and RUB 500
Supreme Court of the Tatarstan Republic (both decisions on the same date)
22/01/2020
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 (22/01/2020, Supreme Court of the Tatarstan Republic),
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 and other witnesses on whose written statements the applicant’s conviction was based,
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant has been held administratively liable twice regarding her participation in one and the same manifestation (complaint raised on appeal).
47329/20*
02/10/2020
Tatyana Grigoryevna VOROBYEVA
1957
Aleksandr Vasilyevich Popkov
Sochi
Spontaneous manifestation against construction of a combustion plant in Tatarstan
Zelenodolsky Town Court of the Tatarstan Republic
16/12/2019
article 20.2.2 § 1 of CAO
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
22/01/2020
47330/20*
07/10/2020
Vera Iosifovna KERPEL
1985
Spontaneous manifestation against construction of a combustion plant in Tatarstan
Zelenodolsky Town Supreme Court of the Tatarstan Republic
16/12/2019
article 19.3 § 1 of CAO, article 20.2.2 § 1 of CAO
fines of RUB 10,000 and RUB 500
Supreme Court of the Tatarstan Republic (both decisions on the same date)
22/01/2020
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”:
- on 16/12/2019 from 10.00 a.m. to 11:57 p.m.;
- on 14/01/2020 from 06.20 p.m. to 15/01/2020 at 5 a.m.,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in 2 sets of proceedings (22//01/2020 Supreme Court of the Tatarstan Republic),
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant has been held administratively liable twice regarding her participation in one and the same manifestation (complaint raised on appeal),
Art. 10 (1) - disproportionate measures against solo demonstrators - On 14/01/2020 in Kazan, the applicant held a solo picketing, she was sentenced to 30 hours of community service under Art. 20.2 § 2 of the CAO. Final decision: Supreme Court of the Tatarstan Republic, 18/03/2020.
47336/20*
02/10/2020
Aleksey Vyacheslavovich ALEKSEYEV
1978
Aleksandr Vasilyevich Popkov
Sochi
Spontaneous manifestation against construction of a combustion plant in Tatarstan
Zelenodolsky Town Court of the Tatarstan Republic
16/12/2019
article 19.3 § 1 of CAO, article 20.2.2. § 1 of CAO
fines of RUB 700 and RUB 10,000
Supreme Court of the Tatarstan Republic, 22/01/2020 and
05/02/2020
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 (22/01/2020 and 05/02/2020, Supreme Court of the Tatarstan Republic),
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant has been held administratively liable twice regarding his participation in one and the same manifestation (complaint raised on appeal),
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 and other witnesses on whose written statements the applicant’s conviction was based
47344/20*
02/10/2020
Valentina Vladimirovna ANDRONOVA
1977
Aleksandr Vasilyevich Popkov
Sochi
Spontaneous manifestation against construction of a combustion plant in Tatarstan
Zelenodolsky Town Court of the Tatarstan Republic
16/12/2019
article 19.3 § 1 of CAO, article 20.2.2 § 1 of CAO
fines of RUB 500 and RUB 10,000
Supreme Court of the Tatarstan Republic (both decisions on the same date)
22/01/2020
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 (22/02/2020, Supreme Court of the Tatarstan Republic),
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant has been held administratively liable twice regarding her participation in one and the same manifestation (complaint raised on appeal)
47347/20*
02/10/2020
Zoya Nikolayevna MARTYASHINA
1960
Aleksandr Vasilyevich Popkov
Sochi
Spontaneous manifestation against construction of a combustion plant in Tatarstan
Zelenodolsky Town Court of the Tatarstan Republic
16/12/2019
article 19.3 § 1 of CAO, article 20.2.2 § 1 of CAO
fines of RUB 500 and RUB 10,000
Supreme Court of the Tatarstan Republic (both decisions on the same date)
22/01/2020
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 (22/01/2020, Supreme Court of the Tatarstan Republic),
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 and other witnesses on whose written statements the applicant’s conviction was based,
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant has been held administratively liable twice regarding her participation in one and the same manifestation (complaint raised on appeal).
47353/20*
02/10/2020
Irina Gamilovna AZABINA
1968
Aleksandr Vasilyevich Popkov
Sochi
Spontaneous manifestation against construction of a combustion plant in Tatarstan
Zelenodolsky Town Court of the Tatarstan Republic
16/12/2019
article 20.2.2 § 1 of CAO, article 19.3 § 1 of CAO
fines of RUB 10,000 and RUB 500
Supreme Court of the Tatarstan Republic (both decisions on the same date)
22/01/2020
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 and other witnesses on whose written statements the applicant’s conviction was based,
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 (22/01/2020, Supreme Court of the Tatarstan Republic),
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant has been held administratively liable twice regarding his participation in one and the same manifestation (complaint raised on appeal).
48341/20*
16/10/2020
Oleg Aleksandrovich KHORKOV
2000
Dmitriy Igorevich Zakhvatov
Moscow
Manifestation for Internet freedom
Moscow
10/03/2019
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
22/01/2020
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 12.30 p.m. to 6.00 p.m. on 10/03/2019,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - 22/01/2020, Moscow City Court.
48538/20*
20/10/2020
Nikolay Borisovich VOROBYEV
1957
Aleksandr Vasilyevich Popkov
Sochi
Spontaneous manifestation against construction of a combustion plant in Tatarstan
Zelenodolsky Town Court of the Tatarstan Republic
16/12/2019
article 20.2.2 § 1 of CAO, article 19.3 § 1 of CAO
fines of RUB 5,000 and RUB 500
Supreme Court of the Tatarstan Republic (both decisions on the same date)
05/02/2020
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 (05/02/2020, Supreme Court of the Tatarstan Republic),
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant has been held administratively liable twice regarding his participation in one and the same manifestation (complaint raised on appeal).
48555/20*
20/10/2020
Ruzaliya Tasimovna GAYNULLINA
1957
Aleksandr Vasilyevich Popkov
Sochi
Spontaneous manifestation against construction of a combustion plant in Tatarstan
Zelenodolsky Town Court of the Tatarstan Republic
16/12/2019
article 20.2.2 § 1 of CAO, article 19.3 § 1 of CAO
fines of RUB 5,000 and RUB 500
Supreme Court of the Tatarstan Republic
12/02/2020
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 (12/02/2020, Supreme Court of the Tatarstan Republic)
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant has been held administratively liable twice regarding his participation in one and the same manifestation (complaint raised on appeal).
48572/20*
20/10/2020
Lyubov Kuzminichna SHESHINA
1956
Aleksandr Vasilyevich Popkov
Sochi
Spontaneous manifestation against construction of a combustion plant in Tatarstan
Zelenodolsky Town Court of the Tatarstan Republic
16/12/2019
article 20.2.2 § 1 of CAO, article 19.3 § 1 of CAO
fines of RUB 5,000 and RUB 500
Supreme Court of the Tatarstan Republic (both decisions on the same date)
12/02/2020
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 (12/02/2020, Supreme Court of the Tatarstan Republic),
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant has been held administratively liable twice regarding her participation in one and the same manifestation (complaint raised on appeal).
49643/20
27/10/2020
Georgiy Nikolayevich TURKIN
1995
Memorial Human Rights Centre
Moscow
Manifestation for fair elections to Mosgorduma
Moscow
10/08/2019
Manifestation in support to A. Navalnyy
Moscow
23/01/2021
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
fine of RUB 15,000
fine of RUB 15,000
Moscow City Court
06/02/2020
Moscow City Court
13/07/2021
Art. 5 (1) - unlawful deprivation of liberty in excess of 3 hours for the sole purpose of drawing a record of administrative offence: from 7.37 p.m. to 11 p.m. on 10/08/2019,
unlawful escorting to a police station from 06.00 to at least 07.25 p.m. on 23/01/2021,
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 (06/02/2020, 13/07/2021, Moscow City 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 open court police officer on whose written statements the applicant’s conviction was based, in both sets of proceedings
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