Published on 26 February 2024
THIRD SECTION
Application no. 10228/22
Zakhar Anatolyevich TURUBANOV against Russia
and 10 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 1 February 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
10228/22
04/02/2022
Zakhar Anatolyevich TURUBANOV
2002
Denis Igorevich Shragin
Quebec
Rally Free Navalnyy
Syktyvkar
31/01/2021
article 20.2 § 5 of CAO
fine of
RUB 5,000
Supreme Court of the Komi Republic
04/08/2021
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 31/01/2021 for compiling an administrative offence report; no administrative detention report drawn up.
11138/22
08/02/2022
Dmitriy Aleksandrovich MARKOV
1982
Daniil Borisovich Berman
Moscow
Rally Free Navalnyy
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of
RUB 20,000
Moscow City Court
09/08/2021
Art. 5 (1) - unlawful detention - escorting to the police station at 12 noon on 02/02/2021 for compiling an offence report; detention beyond the three-hour statutory period (released at 7.30 p.m. on 02/02/2021);
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine during the trial the police officers whose written statements the applicant’s conviction served as grounds for conviction.
11306/22*
10/01/2022
Denis Aleksandrovich SHCHEDRIN
1981
Dmitriy Dmitriyevich Miropoltsev
Kaltan
COVID-19 protest
Novokuznetsk
23/11/2021
article 20.2 § 2 of CAO
administrative arrest for
48 hours
Kemerovo Regional Court
20/12/2021
Art. 5 (1) - unlawful detention - escorting by police to a district court sitting on an administrative offence trial and six hours of undocumented detention at the courthouse on 26/11/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 6 (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 48 hours administrative arrest imposed on the applicant was executed immediately on account of the lack of suspensive effect of an appeal under the CAO.
20001/22
29/03/2022
Lev Vladimirovich SHEPELEV
1990
Rally Free Navalnyy
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
fine of
RUB 10,000
Moscow City Court
29/09/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report between 11.17 p.m. on 02/02/2021 and 9.20 a.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 (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.
20908/22*
29/03/2022
Sergey Mikhaylovich SNASTIN
1953
Irina Aleksandrovna Yatsenko
Moscow
Rally Free Navalnyy
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of
RUB 15,000
Moscow City Court
29/11/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report between 2 p.m. on 31/01/2021 and midnight 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 (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.
22125/22*
23/03/2022
Artem Vladimirovich NAZAROV
1976
Arkadiy Vitalyevich Shindyapin
Moscow
Rally Free Navalnyy
Moscow
23/01/2021
article 20.2 § 6.1 of CAO
fine of
RUB 10,000
Moscow City Court
23/11/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report for twenty-four hours as of 3.50 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;
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.
25233/22
25/04/2022
Kirill Vladimirovich STRIZHENKO
1996
Oleg Vladimirovich Filatchev
Moscow
Rally Free Navalnyy
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of
RUB 18,000
Moscow City Court
07/02/2022
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 02/02/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
25259/22
24/04/2022
Tatyana Andreyevna TKACHEVA
2002
Aleksandra Nikolayevna Bayeva
Moscow
Rally Free Navalnyy
Moscow
21/04/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
25/10/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 6 (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.
25456/22
09/05/2022
Artem Vyacheslavovich FENKIN
1984
Rally Free Navalnyy
Moscow
21/04/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
09/11/2021
Art. 5 (1) - unlawful detention - The applicant was not arrested on 21/04/2021. At 2 p.m. on 25/05/2021 he came to a police station to report a stolen phone and was arrested for the purposes of drawing up an administrative offence record concerning the rally of 21/04/2021 on the basis of a video recording. He was released two hours later;
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 question the police officers whose written statements were used to convict the applicant.
33597/22*
14/06/2022
Andrey Nikolayevich STAVTSEV
1983
Natalya Andreyevna Baranova
Moscow
Anti-war rally
St Petersburg
06/03/2022
article 20.2.2. § 1 of CAO
fine of
RUB 20,000
St Petersburg City Court
05/04/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station between 3.29 p.m. on 06/03/2022 and 12 noon on 07/03/2022;
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.
45222/22*
05/08/2022
Yegor Alekseyevich BLINOV
2003
Anti-war rally
Kazan
06/03/2022
article 20.2 § 2 of CAO
fine of
RUB 10,000
Supreme Court of the Tatarstan Republic
25/05/2022
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;
Art. 5 (1) - unlawful detention - escorting to and detention at the police station between 2.05 p.m. on 06/03/2022 and 1.50 p.m. on 07/03/2022.