Published on 27 March 2023
SECOND SECTION
Application no. 795/20
Artem Dmitriyevich TYURIN against Russia
and 21 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 2 March 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 the complaints raised under Article 10 § 1 of the Convention relating to the disproportionate measures against solo demonstrators which are the subject of well-established case law of the Court (see Novikova and Others v. Russia, nos. 25501/07 and 4 others, 26 April 2016 and Lashmankin and Others v. Russia, nos. 57818/09 and 14 others, 7 February 2017).
APPENDIX – STATEMENT OF FACTS
List of applications raising complaints under Article 10 § 1 of the Convention
(disproportionate measures against solo demonstrators)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Location
Date
Purpose of the demonstration
Administrative charges
Penalty
Final domestic decision
Date
Name of the court
Other relevant information
Other complaints under well-established case-law
795/20*
18/12/2019
Artem Dmitriyevich TYURIN
2000
Valeriya Aleksandrovna Arshinova
Moscow
Picket in support of
Ye. Zhukov
02/08/2019
Moscow
article 20.2 § 2
of CAO, administrative detention of
8 days
26/08/2019
Moscow City Court
rotation - event classified as assembly post facto
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 on 22/08/2019 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 179-91, 10 April 2018).
10130/20
13/02/2020
Yulian Sergeyevich LASHKIN
1996
Memorial Human Rights Centre
Moscow
Pickets in support of the LGBT community after a murder of an LGBT activist
24/07/2019
Moscow
article 20.2 § 5
of CAO, administrative fine of RUB 10,000
20/09/2019 Moscow City Court
rotation - event classified as assembly post facto
Art. 5 (1) - unlawful deprivation of liberty – arrest, escorting to the police station from 6.45 p.m. to 8.35 p.m. on 24/07/2019 for the sole purpose of drawing up a record of administrative offence: no evidence / assessment that it was impossible to draw up an offence record on the spot and to achieve the goals set out in the CAO;
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 - impossibility to examine the police officers on whose written reports the applicant’s conviction was based, as well as a defence witness F. (an eyewitness of the demonstration and the arrest).
55368/20*
21/11/2020
Yekaterina Vladimirovna KORCHINSKAYA
1999
Aleksandr Dmitriyevich Peredruk
St Petersburg
Picket in support of eco-activists, 16/06/2020,
Vladivostok
article 20.2 § 1 of CAO, administrative fine of RUB 10,000
08/09/2020 Primorye Regional Court
ban on public events at certain locations - in the vicinity of a court building
Art. 5 (1) - unlawful deprivation of liberty - arrest and detention between 2.20 p.m. and 7 p.m. (according to the applicant) on 16/06/2020 for the sole purpose of drawing up a record of administrative offence: no evidence / assessment that it was impossible to draw up an offence record on the spot and to achieve the goals set out in the CAO;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
2962/21*
22/12/2020
Gleb Vladimirovich SOKOLOV
1997
Nikolay Vladimirovich Vasilyev
Moscow
Picket in support of arrested activists D. Ivanov and Ye. Yunusov, 09/06/2020, Moscow
article 20.2 § 8 of CAO, administrative detention of
15 days
22/06/2020
Moscow City Court
rotation - event classified as assembly post facto
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 on 17/06/2020 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO CAO (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 179-91, 10 April 2018).
7275/21*
13/01/2021
Aleksandr Igorevich BAGDYUNOV
1998
Nikolay Sergeyevich Zboroshenko
Mytishchi
Protest against unlawful checks of documents
14/03/2020
Moscow
article 20.2 § 5 of CAO, administrative fine of RUB 10,000
22/07/2020
Moscow City Court
rotation - event classified as assembly post facto
Art. 5 (1) - unlawful deprivation of liberty – At 3 p.m. on 14/03/2020 the applicant was arrested, taken to a police station as an administrative suspect: there is no evidence / assessment that it was impossible to draw up an offence record on the spot and to achieve the goals set out in the CAO;
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 - failure to question in court the police officers who had compiled the records on the basis of which the applicant was convicted;
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Art.10 issue (see, mutatis mutandis, Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-51, 17 April 2018) - arrest, conviction for participation in a series of solo demonstrations held on a rotation basis of 14/03/2020.
10718/21
08/02/2021
Kristina Igorevna DUBININA
1995
Leonid Alekseyevich Solovyev
Moscow
Art photo session with a box "[A] word? Why? Hate [that]",
14/07/2020,
Moscow
article 20.2 § 5 of CAO, administrative fine of RUB 10,000
20/10/2020
Moscow City Court
ban on public events at certain locations - Manezhnaya Square, Moscow
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 deprivation of liberty – Arrest, escorting to a police station, detention as an administrative suspect from 10.30 a.m. to 1 p.m. on 14/07/2020 for the sole purpose of compiling an administrative offence record: no evidence/assessment that it was impossible to draw up the offence record on the spot and to achieve the goals set out in the CAO;
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 on whose written statements the conviction was based.
11129/21
01/02/2021
Leonid Dmitriyevich DRABKIN
1992
Memorial Human Rights Centre
Moscow
Demonstration in support of Ilya Azar
30/05/2020,
Moscow
article 20.2 § 5 of CAO, administrative fine of RUB 10,000
22/09/2020 Moscow City Court
rotation - event classified as assembly post facto
Art. 5 (1) - unlawful deprivation of liberty - arrest, detention between 3.05 p.m. and 5.40 p.m. on 30/05/2020 as administrative suspect: no evidence/assessment that it was impossible to draw up an offence record on the spot and to achieve the goals set out in the CAO; administrative offence record compiled on 10/06/2020;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 6 (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 on whose written statements the conviction was based, as well as witness Ms F (referred to in the domestic documents as the organiser of the “picket line”) on the applicant’s request;
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Art. 10 issue (see Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13,
§§ 48-51, 17 April 2018) - arrest, conviction for participation in a series of solo pickets on 30/05/2020 in a group of no less than 10 participants;
Art. 6 (1) - unfair criminal proceedings - inability to submit evidence - e.g., video-recordings - in defence of the applicant’s version of events on an equal footing with the prosecution (Navalnyy v. Russia [GC],
nos. 29580/12 and 4 others, §§ 83‑84, 15 November 2018).
12145/21
25/02/2021
Ilya Georgiyevich SHABLINSKIY
1962
Aleksandr Anatolyevich Maltsev
Moscow
Picket in support of V. Vorontsov
30/05/2020
Moscow
article 20.2 § 5 of CAO, administrative fine of RUB 15,000
24/09/2020 Moscow City Court
rotation - event classified as assembly post facto
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Art. 10 issue (see, mutatis mutandis, Tsukanov and Torchinskiy v. Russia [Committee], nos. 35000/13 and 35010/13, §§ 48-50, 17 April 2018) - arrest, conviction for participation in a series of solo pickets on 30/05/2020 in a group of no less than 10 participants.
20148/21
23/03/2021
Sergey Vladimirovich BONDARKOV
1989
Memorial Human Rights Centre
Moscow
Pickets in support of journalist S. Prokopyeva, 03/07/2020, Moscow
article 20.2 § 5 of CAO, administrative fine of RUB 10,000
24/09/2020
Moscow City Court
rotation - event classified as assembly post facto
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 open court police officer on whose written statements the applicant’s conviction was based;
Art. 5 (1) - unlawful deprivation of liberty - arrest at
8.30 p.m. on 03/07/2020, escorting to the police station as an administrative suspect, apparently for compiling an administrative offence record, released at 2.30 a.m. on 04/07/2020: no evidence / assessment of “exceptional circumstances” under the CAO, and beyond the three-hour statutory period. Unjustified length of transfer in a police van (from 8.30 p.m. to 11 p.m. on 03/07/2020), overall period of detention exceeding 3h, administrative offence record complied only on 14/07/2020.
20673/21*
25/03/2021
Sergey Andreyevich DESNITSKIY
1999
Memorial Human Rights Centre
Moscow
Protest against use of force against lawyers in Kabardino-Balkaria and other regions, 31/05/2020, Moscow
article 20.2 § 5 of CAO, administrative fine of RUB 10,000
14/10/2020 Moscow City Court
rotation - event classified as assembly post facto
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting and detention at the police station for 1 h 30 min on 31/05/2020 - apparently, as an administrative suspect (the administrative offence record only compiled on 04/06/2020);
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
21974/21*
07/04/2021
Natalya Andreyevna BARANOVA
1999
Memorial Human Rights Centre
Moscow
Protest against politics of President Putin,
22/03/2020, Moscow
article 20.2 § 5 of CAO, administrative fine of RUB 10,000
28/10/2020 Moscow City Court
rotation - event classified as assembly post facto
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
23174/21*
28/04/2021
Dmitriy Olegovich SIDOROV
1991
Natalya Yuryevna Morozova
Moscow
Picket in support of journalist
S. Prokopyeva, 03/07/2020, Moscow
(the applicant intended to participate in a solo demonstration, arrived at the venue but was arrested before starting his demonstration)
article 20.2 § 5 of CAO, administrative fine of RUB 10,000
28/10/2020
Moscow City Court
Art. 5 (1) - unlawful deprivation of liberty - arrest, detention as an administrative suspect between 8.30 p.m. on 03/07/2020 and 00.40 a.m. 04/04/2020: no evidence / assessment of “exceptional circumstances” under Art. 27.3 § 1 CAO, and beyond the three-hour statutory period - the applicant was detained in a police van for 2 hours 30 min, without any reason, before being brought to the police station; the administrative offence record was compiled on 13/07/2020;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
23442/21*
10/04/2021
Daniil Alekseyevich GALITSKIY
2001
Aleksandra Andreyevna Rossius
Moscow
Holding a poster with a smiley
21/12/2019, Red Square, Moscow
(as a “social experiment”)
article 20.2 § 8 of CAO, administrative fine of RUB 75,000
14/10/2020
Moscow City Court
ban on public events at certain locations - Red Square, Moscow
Art. 5 (1) - unlawful deprivation of liberty - arrest and detention between 7.30 p.m. and 10 p.m. on 21/12/2019 for the sole purpose of drawing up a record of administrative offence: no evidence/assessment that it was impossible to draw up an offence record on the spot and to achieve the goals set out in the CAO;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
23460/21*
13/04/2021
Nikita Aleksandrovich ALEKSEYEV
2000
Nikolay Vladimirovich Vasilyev
Moscow
Picket in support of arrested protest activists
D. Ivanov and
Ye. Yunusov, 09/06/2020, Moscow
article 20.2 § 5 of CAO, administrative fine of RUB 10,000
14/10/2020 Moscow City Court
rotation - event classified as assembly post facto
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
24181/21*
16/04/2021
Mariya Sergeyevna CHERNYKH
1987
Memorial Human Rights Centre
Moscow
Picket in support of journalist I. Safronov, 07/07/2020
Moscow
article 20.2 § 5 of CAO, administrative fine of RUB, 10,000
22/10/2020 Moscow City Court
rotation - event classified as assembly post facto
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 open court the police officers on whose written reports and explanations the applicant’s conviction was based.
25932/21*
27/04/2021
Konstantin Yuryevich FOMIN
1986
Memorial Human Rights Centre
Moscow
Picket in support of journalist S. Prokopyeva, 03/07/2020, Moscow
article 20.2 § 5 of CAO, administrative fine of RUB 10,000
06/11/2020
Moscow City Court
rotation - event classified as assembly post facto
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
27440/21*
22/04/2021
Kseniya Igorevna BABICH
1986
Anton Dmitriyevich Voronov
Moscow
Protest against the arrest of journalist I. Azar,
02/06/2020, Moscow
article 20.2 § 5 of CAO, administrative fine of RUB 10,000
22/10/2020
Moscow City Court
rotation - event classified as assembly post facto
Art. 5 (1) - unlawful deprivation of liberty - arrest at 7.40 p.m. on 02/06/2020, taking to a police station as an administrative suspect: no evidence/assessment that it was impossible to draw up an offence record on the spot and to achieve the goals set out in the CAO; administrative offence record compiled on 10/07/2020;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 issue (see, mutatis mutandis, Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-50, 17 April 2018) - arrest, conviction for participation in a series of solo demonstrations held on 02/06/2020 by a group of no less than 12 participants.
42995/21
10/08/2021
Raisa Vladimirovna MOROZOVA
1954
Andrey Gennadyevich Lepekhin
Chelyabinsk
Solo demonstration in support of A. Navalnyy,
24/12/2020, Chelyabinsk
article 20.1 § 1 of CAO, administrative fine of RUB 500
10/02/2021 Chelyabinsk Regional Court
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
59454/21*
18/11/2021
Aleksey Pavlovich ANDREYEV
1997
Fedor Yevgenyevich Sirosh
Moscow
Series of solo demonstrations in support of journalist I. Safronov, 07/07/2020, Moscow
article 20.2 § 5 of CAO, administrative fine of RUB 10,000
19/05/2021 Moscow City Court
rotation - event classified as assembly post facto
Art. 5 (1) - unlawful deprivation of liberty - arrest, transfer to a police station on 07/07/2020 as an administrative suspect: no evidence/assessment that it was impossible to draw up an offence record on the spot and to achieve the goals set out in the CAO; the administrative offence record compiled on 28/07/2020 only;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
52477/22
31/10/2022
Andrey Vasilyevich VLASYUK
1974
Protest against the war in Ukraine, 01/03/2022, Moscow
article 20.2 § 5 of CAO, administrative fine of RUB 10,000
01/07/2022 Moscow City Court
ban on public events at certain locations - Manezhnaya Square, Moscow
Art. 5 (1) - unlawful deprivation of liberty - arrest, taking to a police station between 7 p.m. and 9 p.m. on 01/03/2022 as an administrative suspect: no evidence/assessment that it was impossible to draw up an offence record on the spot and to achieve the goals set out in the CAO;
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 open court the police officers on whose written reports and explanations the applicant’s conviction was based.
57638/22*
19/11/2022
Maria Nikolayevna PETROVSKAYA
1985
Kristina Olegovna Tyurina
Nizhniy Novgorod
Protest against the war in Ukraine, 19/03/2022, Nizhny Novgorod
article 20.2 § 5 of CAO, administrative fine of RUB 10,000
20/07/2022
Nizhniy Novgorod Regional Court
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station on 19/03/2022 for the sole purpose of drawing a record of administrative offence: no evidence/assessment that it was impossible to draw up an offence record on the spot and to achieve the goals set out in the CAO;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
272/23*
28/11/2022
Timofey Sergeyevich KOVALENOK
2003
Andrey Vasilyevich Sabinin
Stavropol
Protest against the war in Ukraine,
09/05/2022, Smolensk
article 20.3.3. § 1 of CAO, administrative fine of RUB 30,000
10/08/2022
Smolensk Regional Court
conviction of discreditation of the Russian army / solo demonstration, holding a placard "If only there was no war?"
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.