Published on 24 July 2023
FIFTH SECTION
Application no. 51391/21
Ivan Nikolayevich TARASENKO against Russia
and 34 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 29 June 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
Penalty
Final domestic decision
Court Name
Date
Other complaints under well-established case-law
51391/21*
22/09/2021
Ivan Nikolayevich TARASENKO
1998
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2
§ 6.1 of CAO
detention for 7 days
Moscow City Court
02/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 11.40 p.m. on 02/02/2021 until 2.00 p.m. on 03/02/2021[1];
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings[2];
Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based[3];
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[4].
51886/21
23/09/2021
Alla Pavlovna MENSHIKOVA
1997
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
St Petersburg
31/01/2021
article 20.2.2 § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
25/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 4.00 p.m. on 31/01/2021 until 1.25 a.m. on 01/02/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.
51907/21
30/09/2021
Zakhar Dmitriyevich ALEKSEYEV
2001
Vladislav Vladimirovich Kosnyrev
Syktyvkar
Rally "Free Navalnyy"
Syktyvkar
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Komi Republic
31/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1.30 p.m. until 6.30 p.m. on 31/01/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
51910/21*
23/09/2021
Ivan Albertovich OVECHKIN
1985
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2
§ 6.1 of CAO
detention for 8 days
Moscow City Court
24/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 3.45 p.m. on 31/01/2021 until 6.00 p.m. on 01/02/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.
51911/21
30/09/2021
Vitaliy Yevgenyevich PASTERYUK
1994
Vladislav Vladimirovich Kosnyrev
Syktyvkar
Rally "Free Navalnyy"
Syktyvkar
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 5,000
Supreme Court of the Komi Republic
31/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
51953/21*
28/09/2021
Maksim Olegovich SPICHAK
1987
Aleksandr Vasilyevich Popkov
Sochi
Rally "Free Navalnyy"
Sochi
23/01/2021
article 20.2
§ 6.1 of CAO
fine of RUB 10,000
Krasnodar Regional Court
31/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 for compiling an offence report;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
51972/21
28/09/2021
Aleksey Gennadiyevich CHELMAKIN
1977
Aleksandr Vasilyevich Popkov
Sochi
Rally "Free Navalnyy"
Sochi
23/01/2021
article 20.2
§ 6.1 of CAO
detention for 5 days
Krasnodar Regional Court
31/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 3.00 p.m. on 23/01/2021 until 4.00 a.m. on 24/01/2021;
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 - 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.
51976/21
28/09/2021
Anna Yuryevna PRIDACHINA
1992
Aleksandr Vasilyevich Popkov
Sochi
Rally "Free Navalnyy"
Sochi
23/01/2021
article 20.2
§ 6.1 of CAO
fine of RUB 10,000
Krasnodar Regional Court
31/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 for compiling an offence report;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
51981/21*
28/09/2021
Karen Sergeyevich LOBYAN
1998
Aleksandr Vasilyevich Popkov
Sochi
Rally "Free Navalnyy"
Sochi
23/01/2021
article 20.2
§ 6.1 of CAO
fine of RUB 15,000
Krasnodar Regional Court
31/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 for compiling an offence report;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
51996/21*
13/10/2021
Petr Alekseyevich GOLIKOV
1994
Yelena Yuryevna Pershakova
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2
§ 6.1 of CAO
fine of RUB 15,000
Moscow City Court
14/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 2.22 p.m. on 31/01/2021 until 1.11 a.m. on 01/02/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.
52234/21*
30/09/2021
Aleksey Aleksandrovich MICHURIN
1987
Aleksandr Vasilyevich Popkov
Sochi
Rally "Free Navalnyy"
Sochi
23/01/2021
article 20.2
§ 6.1 of CAO
fine of RUB 10,000
Krasnodar Regional Court
31/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 4.00 p.m. on 23/01/2021 until 6.30 a.m. on 24/01/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
52266/21
11/10/2021
Valentina Nikolayevna PETROVA
1971
Tatyana Georgiyevna Martynova
Pskov
Rally "Free Navalnyy"
Pskov
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Pskov Regional Court
12/04/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.
52272/21*
07/10/2021
Klim Sergeyevich MURATOV
1986
Olimpiada Valentinovna Usanova
Nizhniy Novgorod
Rally "Free Navalnyy"
Nizhniy Novgorod
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
20/05/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
52278/21*
01/10/2021
Gelnara Rafikovna SAKHABIYEVA
1971
Danil Ilnurovich Nurgaleyev
Kazan
Rally "Free Navalnyy"
Kazan
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of Tatarstan
14/04/2021
52284/21
11/10/2021
Ivan Dmitriyevich DOROZHKIN
1987
Tatyana Georgiyevna Martynova
Pskov
Rally "Free Navalnyy"
Pskov
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Pskov Regional Court
12/04/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.
52319/21*
10/10/2021
Anna Vladimirovna NIKOLAYEVA
1975
Memorial Human Rights Centre
Moscow
Rally against tree felling
Moscow
27/12/2020
article 20.2
§ 6.1 of CAO
fine of RUB 10,000
Moscow City Court
12/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 2.30 p.m. on 27/12/2020 until 2.30 a.m. on 29/12/2020;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.
52353/21
05/08/2021
Khristina Dzhonson RAMIRES
1990
Aleksey Viktorovich Tsvetkov
Vladimir
Rally to ensure access of doctors to detained Navalnyy
Pokrov
06/04/2021
article 20.2.2
§ 3 of CAO
detention for 10 days
Vladimir Regional Court
14/04/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 07/04/2021 for compiling an offence report;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 6 (3) (d) - examination/attendance of 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.
52388/21
05/08/2021
Olga Ivanovna SHASHKOVA
1959
Aleksey Viktorovich Tsvetkov
Vladimir
Rally to ensure access of doctors to detained Navalnyy
Pokrov
06/04/2021
article 20.2.2
§ 3 of CAO
20 hours of community work
Vladimir Regional Court
15/06/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.
52474/21*
30/09/2021
Andrey Markovich SOROCHKIN
1962
Olimpiada Valentinovna Usanova
Nizhniy Novgorod
Rally "Free Navalnyy"
Nizhniy Novgorod
31/01/2021
article 20.2 § 2 of CAO
fine of RUB 30,000
Nizhniy Novgorod Regional Court
07/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 12.15 p.m. on 31/01/2021 until 7 p.m. on 01/02/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
52517/21
09/10/2021
Dmitriy Erikovich IONOV
1987
Anna Yevgenyevna Bochilo
Barnaul
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
25/05/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 02/02/2021 for compiling an offence report;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.
52557/21
01/10/2021
Ilnur Rafisovich FATKHULLIN
2002
Danil Ilnurovich Nurgaleyev
Kazan
Rally "Free Navalnyy"
Kazan
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of Tatarstan
28/04/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.
52561/21*
01/10/2021
Ayrat Rustemovich KHALILULLIN
1996
Danil Ilnurovich Nurgaleyev
Kazan
Rally "Free Navalnyy"
Kazan
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 11,000
Supreme Court of Tatarstan
05/05/2021
52563/21*
01/10/2021
Ramil Rustamovich KHAYRUTDINOV
1975
Danil Ilnurovich Nurgaleyev
Kazan
Rally "Free Navalnyy"
Kazan
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of Tatarstan
05/05/2021
52568/21*
01/10/2021
Dinar Miyassarovich YUNUSOV
1993
Danil Ilnurovich Nurgaleyev
Kazan
Rally "Free Navalnyy"
Kazan
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of Tatarstan
05/05/2021
52573/21*
01/10/2021
Pavel Vitalyevich YELKOV
2001
Danil Ilnurovich Nurgaleyev
Kazan
Rally "Free Navalnyy"
Kazan
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of Tatarstan
07/04/2021
52576/21
13/10/2021
Oleg Lvovich KOKH
1980
Yana Andreyevna Nepovinnova
St Petersburg
Rally "Free Navalnyy"
St Petersburg
02/02/2021
article 20.2.2
§ 1 of CAO
detention for 5 days
St Petersburg City Court
22/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 11.30 p.m. on 02/02/2021 until 1.30 p.m. on 03/02/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.
52580/21*
01/10/2021
Anna Vitalyevna MINIKAYEVA
1993
Danil Ilnurovich Nurgaleyev
Kazan
Rally "Free Navalnyy"
Kazan
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of Tatarstan
07/04/2021
52586/21*
01/10/2021
Kamilya Danilovna ZIATDINOVA
1997
Danil Ilnurovich Nurgaleyev
Kazan
Rally "Free Navalnyy"
Kazan
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of Tatarstan
07/04/2021
52594/21*
01/10/2021
Timur Kakhramanovich ABDURAKHMANOV
1990
Danil Ilnurovich Nurgaleyev
Kazan
Rally "Free Navalnyy"
Kazan
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of Tatarstan
07/04/2021
54453/21*
14/10/2021
Yegor Igorevich PETROV
1996
Aleksey Sergeyevich Lapuzin
Samara
Rally "Free Navalnyy"
Samara
21/04/2021
article 20.2 § 8 of CAO
detention for 28 days
Samara Regional Court
28/04/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 5 (1) - unlawful detention - escorting to the police station on 21/04/2021 for compiling an offence report
54464/21*
15/10/2021
Sergey Olegovich BORISOV
1998
Olimpiada Valentinovna Usanova
Nizhniy Novgorod
Rally "Free Navalnyy"
Nizhniy Novgorod
31/01/2021
article 20.2
§ 6.1 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
15/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 12.20 p.m. on 31/01/2021 until 2.40 p.m. on 01/02/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
54476/21*
22/10/2021
Timur Agilyevich MAMEDOV
1999
Aleksey Alekseyevich Vasilyev
Moscow
Rally "Free Navalnyy"
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
22/04/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.
54492/21*
18/10/2021
Nikolay Konstantinovich GAVRILOV
1992
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
St Petersburg
21/04/2021
article 20.2.2
§ 1 of CAO
fine of RUB 10,000
St Petersburg City Court
16/09/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 7.45 p.m. on 21/04/2021 until 5.30 a.m. on 22/04/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 6 (3) (c) - own choice of legal assistance - restriction on the presence and assistance of a retained lawyer at the police station on 21/04/2021, the lawyer was present at the station, policemen arguably had retention order on hand, but nevertheless denied access[5];
Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.
54502/21*
18/10/2021
Konstantin Vladimirovich GRIGORYEV
1989
Memorial Human Rights Centre
Moscow
Rally "Free Navalny"
St Petersburg
21/04/2021
article 20.2.2
§ 1 of CAO
fine of RUB 15,000
St Petersburg City Court
06/07/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 8.20 p.m. on 21/04/2021 until 9.30 p.m. on 22/04/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
54532/21*
14/10/2021
Nikolay Valeryevich SEROV
1999
Olimpiada Valentinovna Usanova
Nizhniy Novgorod
Rally "Free Navalnyy"
Nizhniy Novgorod
31/01/2021
article 20.2
§ 6.1 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
15/04/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
[1] Butkevich v. Russia, no. 5865/07, §§ 63-65, 13 February 2018, Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 115-31, 10 April 2018, and Korneyeva v. Russia, no. 72051/17, §§ 34-36, 8 October 2019.
[2] Karelin v. Russia, no. 926/08, §§ 58-85, 20 September 2016.
[3] Schatschaschwili v. Germany [GC], no. 9154/10, §§ 100-31, ECHR 2015, and Murtazaliyeva v. Russia [GC], no. 36658/05, §§ 150-59, 18 December 2018.
[4] Martynyuk v. Russia, no. 13764/15, §§ 38-42, 8 October 2019.
[5] Mikhaylova v. Russia, no. 46998/08, § 76-84, 19 November 2015.