Published on 8 January 2024
FOURTH SECTION
Application no. 83038/17
Sergey Borisovich UDALOV against Russia
and 18 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 / criminal offence
Penalty
Final domestic decision
Court Name
Date
Other complaints under well-established case-law
83038/17*
30/11/2017
Sergey Borisovich UDALOV
1983
Aleksandr Dmitriyevich Peredruk
St Petersburg
Anticorruption rally
St Petersburg,
12/06/2017
article 20.2 § 5 of CAO
fine of
RUB 10,000
St Petersburg
City Court
28/06/2017
Art. 5 (1) - unlawful detention - on 12‑13/06/2017 escorting to and detention in a police station for and after compiling offence reports,
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 - in particular, the right to examine police officers whose pre-trial statements or reports were used for convicting the applicant,
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - overlap of the substantially the same facts underlying prosecution in this case and another case under Art. 19.3 of CAO (final decision on 28/06/2017 by St Petersburg City Court).
3538/18*
13/12/2017
Stanislav Andreyevich KORENYUGIN
1995
Ilnur Ilgizovich Sharapov
Moscow
Anticorruption rally
Moscow,
26/03/2017
Rally to support A. Navalnyy
Moscow,
31/01/2021
Anti-war rally
Moscow
27/02/2022
article 20.2 § 5 of CAO
article 20.2 § 6.1 of CAO
article 20.2 § 5 of CAO
fine of RUB 15,000
10 days of detention
fine of RUB 20,000
Moscow City Court
10/07/2017
Moscow City Court
03/02/2021
Moscow City Court
13/03/2023
Art. 5 (1) - unlawful detention:
(i) on 31/01/2021 and until 01/02/2021 escorting to and detention in a police station for and after compiling an offence report;
(ii) on 13/03/2021 and on 27/02/2022 escorting to a police station for compiling offence reports,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings in 2017 and 2021,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - right to examine police officers whose pre-trial statements or reports were used for convicting the applicant under Art. 20.2 § 6.1 of CAO,
Art. 11 (1) - various restrictions on the right to freedom of peaceful assembly - the applicant was arrested and sentenced to a fine of RUB 5,000 (Art. 20.33 of CAO, final decision on 14/09/2021 by Lyubertsy Town Court of Moscow Region) for participation in an indoors political meeting on 13/03/2021 organised, according to the courts, by a banned organisation (Open Russia Civic Movement),
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal – immediate execution of the sentence of 10-days’ detention in 2021; an appeal against conviction had no suspensive effect.
7940/18*
19/01/2018
Oksana Rafikovna KHARINOVA
1975
Ernest Aleksandrovich Mezak
Saint-Barthélemy-d’Anjou
Anticorruption rally
Uhta,
26/03/2017
Rally to support A. Navalnyy
Uhta,
23/01/2021
article 20.2 § 1 of CAO
article 20.2 § 5 of CAO
fine of RUB 15,000
fine of RUB 10,000
Supreme Court of the Komi Republic
19/07/2017
Supreme Court of the Komi Republic
17/03/2021
21583/18*
23/04/2018
Natalya Aleksandrovna SUBBOTINA
1997
Yelena Yuryevna Pershakova
Moscow
Rally to support A. Navalnyy
Perm,
22/09/2017
Rally to support A. Navalnyy
Perm,
07/10/2017
Gathering to support arrested protesters (following the above rally)
Perm,
07/10/2017
article 20.2 § 5 of CAO
article 20.2 § 2 of CAO
article 20.2 § 5 of CAO
fine of RUB 10,000
20 hours of community work
20 hours of community work
Perm Regional Court
23/10/2017
Perm Regional Court
20/11/2017
Perm Regional Court
18/12/2017
Art. 5 (1) - unlawful detention - on 22/09/2017 escorting to a police station 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 under Art. 20.2 § 5 of CAO (final decision of 23/10/2017),
In alternative to Article 11,
Art. 10 (1) - disproportionate measures against solo demonstrators - the applicant was sentenced to a fine of RUB 10,000 for participation in a group event (rally) on 22/09/2017; according to her, she held a solo demonstration at some 30 meters from other solo demonstrators; the courts classified the above as an assembly.
29958/18*
08/06/2018
Irina Aleksandrovna NEVEROVA
1989
Yelena Yuryevna Pershakova
Moscow
Rally to support A. Navalnyy
Perm,
03/09/2017
Protest rally
Perm,
22/09/2017
Rally to support A. Navalnyy
Perm,
07/10/2017
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
fine of RUB 10,000
20 hours of community work
20 hours of community work
Perm Regional Court
26/12/2017
Perm Regional Court
22/12/2017
Perm Regional Court
11/12/2017
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision on 22/12/2017 by the Perm Regional Court,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - the right to examine police officers whose pre-trial statements or reports were used for convicting the applicant in the above case,
In alternative to Article 11 complaint,
Art. 10 (1) - disproportionate measures against solo demonstrators - on 22/09/2017 the applicant held a solo demonstration; she was arrested and sentenced to community work for participation in an assembly (Art. 20.2 of CAO; final decision on 22/12/2017 by Perm Regional Court).
30161/18*
09/06/2018
Georgiy Borisovich SHABANOV
1962
Yelena Yuryevna Pershakova
Moscow
Rally to support A. Navalnyy
Perm,
07/10/2017
Opposition rally
Perm,
05/05/2018
Rally to support A. Navalnyy
Perm,
23/01/2021
Protest rally
Perm,
21/04/2021
article 20.2 § 5 of CAO
article 20.2 § 8 of CAO
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
fine of RUB 10,000
100 hours of community work
fine of RUB 10,000
fine of RUB 15,000
Perm Regional Court
11/12/2017
Perm Regional Court
09/08/2018
Perm Regional Court
02/06/2021
Perm Regional Court
11/08/2021
Art. 5 (1) - unlawful detention - on 14/05/2018 escorting to a police station for compiling an offence report in relation to the rally on 05/05/2018,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision on 02/06/2021 by the Perm Regional Court,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - in particular, the right to examine police officers whose pre-trial statements or reports were used for convicting the applicant (final decisions on 02/06/2021 and 11/08/2021 by the Perm Regional Court)
33646/18
21/06/2018
Anatoliy Vyacheslavovich SHIRINKIN
1967
Georgiy Borisovich Shabanov
Troitsa
Rally to support A. Navalnyy
Perm,
07/10/2017
article 20.2 § 5 of CAO
fine of RUB 10,000
Perm Regional Court
21/12/2017
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
54920/18
31/10/2018
Filipp Aleksandrovich SHCHELKANOV
1988
Vitaliy Viktorovich Cherkasov
St Petersburg
Opposition rally
St Petersburg,
05/05/2018
article 19.3 § 1 of CAO
article 20.2 § 5 of CAO
15 days of detention
fine of RUB 10,000
St Petersburg City Court
30/05/2018
St Petersburg City Court
26/06/2018
Art. 5 (1) - unlawful detention - on 05-06/05/2018 escorting to and detention in a police station for and after compiling offence reports,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - in particular, the right to examine police officers whose pre-trial statements or reports were used for convicting the applicant in both cases,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - immediate execution of the sentence of detention; an appeal against conviction had no suspensive effect,
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - overlap of the facts constituting the basis for the applicant’s prosecution and punishment in the second set of proceedings with substantially the same facts underlying his conviction in the first set of the proceedings.
504/19*
11/12/2018
Firgat Fidaliyevich FAYZRAKHMANOV
1994
Igor Nikolayevich Sholokhov
Kazan
Rally against the pension reform
Kazan,
09/09/2018
article 20.2 § 2 of CAO
4 days of detention
Supreme Court of the Tatarstan Republic
12/09/2018
Art. 5 (1) - unlawful detention - on 09‑10/09/2018 escorting to and detention in a police station for and after 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,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - immediate execution of the sentence of detention; an appeal against conviction had no suspensive effect.
3288/19*
19/12/2018
Aleksey Igorevich CHERNOV
1984
Igor Nikolayevich Sholokhov
Kazan
Rally against the pension reform
Kazan,
09/09/2018
article 20.2 § 2 of CAO
4 days of detention
Supreme Court of the Tatarstan Republic
21/09/2018
Art. 5 (1) - unlawful detention - on 09‑10/09/2018 escorting to and detention in a police station for and after 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,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - immediate execution of the sentence of detention; an appeal against conviction had no suspensive effect.
9560/19*
05/02/2019
Ilya Sergeyevich VAGIN
1985
Aleksey Vladimirovich Glukhov
Novocheboksarsk
Opposition rally
Nizhniy Novgorod,
05/05/2018
article 20.2 § 2 of CAO
fine of RUB 20,000
Nizhniy Novgorod Reginal Court
08/08/2018
14140/19*
05/03/2019
Aleksandr Yevgenyevich KARAVAYEV
1985
Rally to commemorate B. Nemtsov
Nizhniy Novgorod,
25/02/2018
article 20.2 § 5 of CAO
30 hours of community work
Nizhniy Novgorod Regional Court
06/09/2018
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceeding,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - in particular, the right to examine police officers whose pre-trial statements or reports were used for convicting the applicant.
20630/19
04/04/2019
Stanislav Valeryevich ZAKHAROV
1988
Roman Vasilyevich Sukachev
Chita
Protest rally
Chita,
03/11/2018
article 20.2 § 2 of CAO
article 20.2 § 1 of CAO
article 20.2 § 1 of CAO
fine of RUB 20,000
fine of RUB 10,000
fine of RUB 10,000
Zabaykalye Regional Court
24/12/2018
Zabaykalye Regional Court
24/12/2018
Zabaykalye Regional Court
24/12/2018
In alternative to Article 11 complaints being communicated,
Art. 10 (1) - conviction for making calls to participate in public events - the applicant was sentenced to two fines for reposting - on two social networks - one message relating to the forthcoming rally on 03/11/2018 and to another fine for posting another message about that rally (in the meantime, the rally had been eventually approved and had been held as planned),
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - overlap of the facts constituting the basis for the applicant’s prosecution and punishment in two sets of proceedings under Art. 20.2 § 1 of CAO.
33046/19*
11/06/2019
Adel Damirovich BADRETDINOV
1999
Igor Nikolayevich Sholokhov
Kazan
Rally against the pension reform
Kazan,
09/09/2018
article 20.2 § 5 of CAO
fine of RUB 15,000
Supreme Court of the Tatarstan Republic
17/04/2019
Art. 5 (1) - unlawful detention - on 22‑23/03/2019 escorting to and detention in a police station for and after 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.
43878/19*
06/08/2019
Vyacheslav Aleksandrovich KHLYNOV
1999
Spontaneous meeting against arbitrary detention of protesters
Moscow,
06/10/2018
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Moscow City Court
06/05/2019
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 - in particular, the right to examine police officers whose pre-trial statements ore reports were used for convicting the applicant.
63934/19*
30/11/2019
Artem Igorevich KULIKOVSKIY
2000
Dmitriy Igorevich Zakhvatov
Moscow
Protest action
Moscow,
10/03/2019
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
02/07/2019
45813/21*
25/08/2021
Maksim Valeryevich KUKUSHKIN
1976
Konstantin Vladimirovich Bubon
Khabarovsk
Rally to support A. Navalnyy
Khabarovsk,
23/01/2021
article 20.2 § 8 of CAO
fine of RUB 150,000
Khabarovsk Regional Court
05/05/2021
Art. 5 (1) - unlawful detention - on 23‑24/01/2021 escorting to and detention in a police station for compiling an offence report,
Art. 10 (1) - measures in relation to media coverage of public assemblies – the applicant was arrested and sentenced to a fine for participation in the rally on 23/01/2021; according to him, he (member of the regional legislature, director of a private company and freelance reporter for an online newspaper) had been present at the rally, upon assignment from the above newspaper, had filmed during the rally and had posted on his personal Instagram account,
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the conviction under Art. 20.2 § 8 of CAO punishing "repeated violation of the rules on rallies" relied on a previous final conviction in 2020.
48307/21*
06/09/2021
Dmitriy Sergeyevich TIMOSHENKO
1987
Tumas Arsenovich Misakyan
Moscow
Rallies to support S. Furgal in Khabarovsk on:
24/10/2020
26/10/2020
31/10/2020
07/11/2020
26/12/2020
article 20.2 § 6.1 of CAO
article 20.2 § 5 of CAO
article 20.2 § 8 of CAO
article 20.2 § 8 of CAO
article 20.2 § 8 of CAO
fines of:
RUB 10,000
RUB 10,000
RUB 75,000
RUB 150,000
RUB 150,000
Khabarovsk Regional Court:
11/03/2021
18/03/2021
09/03/2021
15/03/2021
16/03/2021
Art. 5 (1) - unlawful detention - on 16/01/2021 escorting to a police station for compiling an offence report in relation to the rally on 24/10/2020,
Art. 10 (1) - measures in relation to media coverage of public assemblies - the applicant was present at the rallies upon assignment from a local newspaper.
49611/21*
17/09/2021
Anatoliy Mariyevich SVECHNIKOV
1972
Irina Yuryevna Ruchko
Yekaterinburg
Rally to support A. Navalnyy
Yekaterinburg,
23/01/2021
Rally to support A. Navalnyy
Yekaterinburg,
31/01/2021
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
20 hours of community work
20 hours of community work
Sverdlovsk Regional Court
28/07/2021
Sverdlovsk Regional Court
14/07/2021
Art. 5 (1) - unlawful detention - on 07/04/2021 escorting to a police station for compiling an offence report in relation to the rally 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 - final decisions on 28/07/2021 and 14/07/2021 by the Sverdlovsk Regional Court (respectively, as to the rally on 23/01/2021 and the event on 06/03/2021 mentioned below),
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - in particular, the right to examine police officers whose pre-trial statements or reports were used for convicting the applicant, and/or the refusal to examine witnesses on behalf of the defence (final decisions on 14/07/2021, 28/07/2021 and 04/03/2022),
Art. 10 (1) - disproportionate measures against solo demonstrators:
(i) on 06/03/2021 the applicant participated in a series of solo demonstrations against political persecution; the courts classified it as a single group event and sentenced the applicant to 30 hours of community work (Art. 20.2 § 5 of CAO, final decision on 14/07/2021 by the Sverdlovsk Regional Court);
(ii) on 27/02/2022 the applicant placed B. Nemtsov’s photograph and a candle at a public venue, to commemorate his murder; the courts classified it as participation in an assembly (rally) and sentenced him to 30-day detention, referring to the breach of the regional COVID regulations banning all public events such as rallies (Art. 20.2 § 8 of CAO, final decision on 04/03/2022 by the Sverdlovsk Regional Court).
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