Published on 5 February 2024
FIFTH SECTION
Application no. 3551/18
Anastasiya Pavlovna TITOVA against Russia
and 20 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
3551/18*
23/12/2017
Anastasiya Pavlovna TITOVA
1983
Aleksandr Vasilyevich Popkov
Sochi
Rally against corruption
Sochi
12/06/2017
article 20.2 § 2 of CAO
fine of RUB 20,000
Krasnodar Regional Court
26/07/2017
22909/19*
10/04/2019
Yekaterina Aleksandrovna VASILYEVA
2000
Dmitriy Vladimirovich Zubarev
Vladivostok
Manifestation against the increase of the retirement age
Vladivostok
01/07/2018
article 20.2 § 8 of CAO
40 hours’ community work
Primorye Regional Court
16/10/2018
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 - Arrest and detention on 28/07/2018 and 09/09/20218 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019) (the complaints were raised on appeal in the administrative proceedings)
49384/21*
13/09/2021
Mikhail Vladimirovich BYKOV
1987
Protest rally
Dzerzhinsk
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Nizhniy Novgorod Regional Court
21/06/2021
Art. 5 (1) - unlawful detention - Arrest and detention on 26/04/2021 (4 days after his participation in the protest rally) - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); the complaint was raised in the administrative proceedings,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - the applicant was unable to confront the police officers on whose statements his 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
49660/21*
16/09/2021
Olga Zhanovna MALISHEVSKAYA
1972
Marina Alekseyevna Dubrovina
Novorossiysk
Rally “Free Navalnyy”
Anapa
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Krasnodar Regional Court
17/03/2021
Art. 5 (1) - unlawful detention - Arrest and detention from 1.20 p.m. to 5.30 p.m. on 31/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018); the complaints were raised in the administrative proceedings,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
52250/21*
01/10/2021
Mikhail Aleksandrovich SUKHOTIN
1957
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
06/04/2021
Art. 5 (1) - unlawful detention - Arrest and detention at the police station after compiling an offence report from 3 p.m. till 10.30 p.m. on 31/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); Detention (criminal) for more than three hours without any written record (see Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, §§ 76-79, 26 June 2018); the complaints were raised on appeal in the administrative proceedings,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
53236/21*
04/10/2021
Aleksandr Ivanovich PAKHARUKOV
2002
Vladimir Yakovlevich Kapustin
Yekaterinburg
Rally “Free Navalnyy”
Yekaterinburg
31/01/2021
article 20.2 § 5 of CAO
20 hours’ community work
Sverdlovsk Regional Court
01/06/2021
57826/21*
18/11/2021
Yegor Konstantinovich PAVLOV
1996
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Moscow
23/01/2021
article 20.2 § 6.1 of CAO
Fine of RUB 15,000
Moscow City Court
27/05/2021
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 - Arrest and detention from 4.40 p.m. on 23/01/2021 till 10 p.m. on 25/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); Detention as an administrative suspect: beyond the 48-hour statutory period (Art. 27.5(3)-(4) and Art. 29.6(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018); Detention as an administrative suspect: the applicant remained in detention after the offence record had been compiled (see Korneyeva v. Russia, no. 72051/17, § 35, 8 October 2019); the complaints were raised on appeal in the administrative proceedings,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - The applicant was unable to confront the police officers on whose statements his conviction was based
58198/21*
27/11/2021
Vladislav Yevgenyevich DUBOV
1998
Ivan Yuryevich Zhdanov
Vilnius
Rally “Free Navalnyy”
Voronezh
31/01/2021
article 20.2 § 5 of CAO
Fine of RUB 10,000
Voronezh Regional Court
01/06/2021
Art. 5 (1) - unlawful detention - Arrest and detention on 31/01/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); the complaint was raised on appeal in the administrative proceedings,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
3541/22*
15/12/2021
Maksim Alekseyevich RUBAYLOV
1999
Andrey Olegovich Valenkov
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
16/06/2021
36871/22*
13/07/2022
Yuliya Aleksandrovna AKSENOVA
Natalya Andreyevna Baranova
Moscow
Anti-war protest
St Petersburg
03/03/2022
article 20.2.2 § 1 of CAO
15 days’ administrative arrest
St Petersburg City Court
14/03/2022
Art. 5 (1) - unlawful detention - Arrest and detention from 03/03/2022 to 04/03/2022 -
Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019),
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 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
37095/22*
13/07/2022
Vladimir Sergeyevich ZALUZHSKIY
1993
Natalya Andreyevna Baranova
Moscow
Anti-war protest
St Petersburg
06/03/2022
article 20.2 § 6.1 of CAO
9 days’ administrative arrest
St Petersburg City Court
14/03/2022
Art. 5 (1) - unlawful detention - Arrest and detention from 3.30 p.m. on 06/03/2022 to 12.30 a.m. on 08/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); the complaint was raised on appeal in the administrative proceedings,
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 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
46210/22*
13/09/2022
Anastasiya Aleksandrovna BLAGOVESHCHENSKAYA
1999
Sergey Sergeyevich Kulikov
Nizhniy Novgorod
Anti-war protest
Nizhniy Novgorod
06/03/2022
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
18/05/2022
Art. 5 (1) - unlawful detention - Arrest and detention from 3.10 p.m. on 06/03/2022 to 1.20 p.m. on 07/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018); the complaints were raised in the administrative proceeding,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
46213/22*
07/09/2022
Viktoriya Vadimovna BANCHAK
1993
Ilya Valeryevich Tkachenko
Kogalym
Anti-war protest
St Petersburg
24/02/2022
article 20.2.2. § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
17/05/2022
Art. 5 (1) - unlawful detention - Arrest and detention from 24/02/2022 to 25/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); Detention as an administrative suspect: the applicant remained in detention after the offence record had been compiled (see Korneyeva v. Russia, no. 72051/17, § 35, 8 October 2019); the complaints were raised in the administrative proceedings
46220/22*
13/09/2022
Yuliya Marsimovna KISELEVA
1996
Sergey Sergeyevich Kulikov
Nizhniy Novgorod
Anti-war protest
Nizhniy Novgorod
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 12,000
Nizhniy Novgorod Regional Court
18/05/2022
Art. 5 (1) - unlawful detention - Arrest and detention on 06/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); the complaint was raised in the administrative proceedings,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
46244/22*
11/09/2022
Anna Andreyevna KLYUKOVSKAYA
2000
Rim Faridovich Sabirov
Kazan
Anti-war protest
Kazan
24/02/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
11/05/2022
Art. 5 (1) - unlawful detention - Arrest and detention on 24/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); the complaint was raised in the administrative proceedings
46750/22*
14/09/2022
Valentin Igorevich SOVKOV
1995
Yekaterina Viktorovna Gerasimova
St Petersburg
Anti-war protest
St Petersburg
27/02/2022
article 20.2 § 6.1 of CAO
fine of RUB 10,000
St Petersburg City Court
31/05/2022
Art. 5 (1) - unlawful detention - Arrest and detention on 27/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); the complaint was raised in the administrative 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 trial the police officers on whose written statements the applicant’s conviction was based
47601/22*
14/09/2022
Pavel Sergeyevich KARPUS
1976
Sergey Viktorovich Podolskiy
St Petersburg
Anti-war protest
St Petersburg
17/05/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
St Petersburg City Court
17/05/2022
Art. 5 (1) - unlawful detention - Arrest and detention from 7.55 p.m. on 26/02/2022 to 5.10 p.m. on 27/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018); the complaints were raised in the administrative proceedings,
Art. 6 (1) - ack 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 trial the police officers on whose written statements the applicant’s conviction was based
47963/22*
14/09/2022
Alena Aleksandrovna KROTOVA
1990
Sergey Sergeyevich Kulikov
Nizhniy Novgorod
Anti-war protest
Nizhniy Novgorod
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
18/05/2022
Art. 5 (1) - unlawful detention - Arrest and detention from 3 p.m. on 06/03/2022 to 11 a.m. on 08/03/2022 -
Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018); the complaints were raised in the administrative proceedings
48647/22*
01/10/2022
Zakhar Alekseyevich YERYUSHOV
2003
Rim Faridovich Sabirov
Kazan
Anti-war protest
Samara
27/02/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Samara Regional Court
02/06/2022
Art. 5 (1) - unlawful detention - Arrest and detention from 4.05 p.m. to 8.05 p.m. on 27/02/2022 - Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018); the complaint was raised on appeal in the administrative proceedings
48731/22
05/10/2022
Aleksandr Vladimirovich TREGUBOV
1992
Varvara Dmitriyevna Mikhaylova
St Petersburg
Anti-war protest
St Petersburg
25/02/2022
article 20.2.2. § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
07/06/2022
Art. 5 (1) - unlawful detention - Arrest and detention on 25/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); the complaint was raised on appeal in the administrative proceedings,
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 trial the police officers on whose written statements the applicant’s conviction was based
48751/22*
20/09/2022
Andrey Olegovich IVANOV
1991
Anastasiya Vladimirovna Pilipenko
St Petersburg
Anti-war protest
St Petersburg
06/03/2022
article 20.2.2. § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
26/05/2022
Art. 5 (1) - unlawful detention - Arrest and detention on 06/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); the complaint was raised on appeal in the administrative proceedings,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings