Published on 5 February 2024
FIRST SECTION
Application no. 58703/21
Anton Vyacheslavovich USKOV against Russia
and 19 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 offence (code of administrative offences, CAO)
Penalty
Final domestic decision
Court Name
Date
Other complaints under well-established case-law
58703/21*
19/11/2021
Anton Vyacheslavovich USKOV
1977
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Tambov
23/01/2021
article 20.2 § 6.1 of CAO
administrative detention for 10 days
Tambov Regional Court
19/05/2021
Art. 8 (2) - restrictions on the right to private life of participants in public assemblies - use of facial recognition technology for the identification of the applicant as a participant of a rally and his subsequent conviction (raised on appeal)
58747/21*
11/11/2021
Daniil Dmitriyevich MELNIK
1991
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 19,000
Moscow City Court
11/05/2021
58762/21*
10/11/2021
Yevgeniy Alekseyevich BORISOV
2004
Oleg Vyacheslavovich Borisov
Ulyanovsk
Rally “Free Navalnyy”
Ulyanovsk
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 5,000
Ulyanovsk Regional Court
03/06/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 1.40 p.m. to 6.10 p.m. on 31/01/2021
59029/21*
11/11/2021
Sergey Anatolyevich STARODUBTSEV
1984
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
13/05/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.30 p.m. to 7.05 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 - final decision: Moscow City Court, 13/05/2021,
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.
59554/21
19/11/2021
Fedor Mikhaylovich YELISEYEV
2001
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
19/05/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 11 a.m. to 9.00 p. m. on 02/02/2021; the applicant spent 2h30 in the police van,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 19/05/2021,
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.
61203/21*
25/11/2021
Ivan Viktorovich MEKHANOSHIN
1997
Matvey Sergeyevich Trutnev
Perm
Rally “Free Navalnyy”
Perm
31/01/2021
article 20.2 § 5 of CAO
20 hours of community works
Perm Regional Court
11/06/2021
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, 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 - final decision: Perm Regional Court, 11/06/2021.
450/22*
02/12/2021
Gennadiy Dmitriyevich SITENKO
1953
Yelena Nikitichna Sannikova
Moscow
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 15,000
Moscow City Court
03/06/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 12.10 p.m. on 31/01/2021 to 00.45 a.m. on 01/02/2021; the applicant spent 3h30 in the police van,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision; Moscow City Court, 03/06/2021,
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.
866/22
15/12/2021
Ilya Konstantinovich YERMAKOV
2002
Oleg Vladimirovich Filatchev
Moscow
Rally “Free Navalnyy”
Kaluga
21/04/2021
article 20.2.2. § 1 of CAO
fine of RUB 12,000
Kaluga Regional Court
16/06/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, on 21/04/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Kaluga Regional Court, 16/06/2021.
1805/22
09/12/2021
Mikhail Andreyevich LITOMIN
1990
Natalya Andreyevna Balog
Krasnoyarsk
Rally “Free Navalnyy”
Krasnoyarsk
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Krasnoyarsk Regional Court
10/06/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 4.15 p.m. to 8.35 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 - final decision: Krasnoyarsk Regional Court, 10/06/2021,
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.
44513/22
22/08/2022
Margarita Igorevna LEVASHOVA
1996
Sergey Sergeyevich Kulikov
Nizhniy Novgorod
Anti-war rally
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 deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 2.50 p.m. on 06/03/2022 to 5.00 p.m. on 07/03/2022, hearing in the applicant’s administrative-offence case,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Nizhniy Novgorod Regional Court, 18/05/2022,
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.
46152/22
08/09/2022
Natalya Igorevna NEVAR
1991
Sergey Sergeyevich Kulikov
Nizhniy Novgorod
Anti-war rally
Nizhniy Novgorod
06/03/2022
article 20.2 § 6.1 of CAO
administrative detention of 3 days
Nizhniy Novgorod Regional Court
18/05/2022
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.00 p.m. on 06/03/2022 to 5.00 p.m. on 07/03/2022, hearing in the applicant’s administrative-offence case; the applicant spend 3 hours in the police van,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Nizhniy Novgorod Regional Court, 18/05/2022,
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.
46155/22*
15/09/2022
Aygul Ayratovna GADELSHINA
2003
Varvara Dmitriyevna Mikhaylova
St Petersburg
Anti-war rally
Ufa
27/02/2022
article 20.2 § 5 of CAO
fine of RUB 18,000
Supreme Court of the Bashkortostan Republic
16/05/2022
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, on 27/02/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Supreme Court of the Bashkortostan Republic, 16/05/2022.
46199/22
13/09/2022
Sergey Aleksandrovich AREFYEV
1989
Sergey Sergeyevich Kulikov
Nizhniy Novgorod
Anti-war rally
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 deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.00 p.m. on 06/03/2022 to 6.30 p.m. on 07/03/2022, hearing in the applicant’s administrative-offence case; the applicant spent 3 hours in the police van,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Nizhniy Novgorod Regional Court, 18/05/2022,
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.
46752/22
14/09/2022
Yekaterina Pavlovna BEZHENAR
1996
Yekaterina Viktorovna Gerasimova
St Petersburg
Anti-war rally
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 deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 6.30 p.m. on 27/02/2022 to 9.00 a.m. on 28/02/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: St Petersburg City Court, 31/05/2022,
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.
46754/22
14/09/2022
Yelizaveta Vasilyevna SPIRIDONOVA
2000
Yekaterina Viktorovna Gerasimova
St Petersburg
Anti-war rally
St Petersburg
27/02/2022
article 20.2 § 6.1 of CAO
fine of RUB 10,000
St Petersburg
31/05/2022
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 7.15 p.m. on 27/02/2022 to 8.00 a.m. on 28/02/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: St Petersburg City Court, 31/05/2022,
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.
48290/22*
17/09/2022
Mikhail Gennadyevich STUPKO
1987
Aleksey Sergeyevich Lapuzin
Samara
Anti-war rally
Samara
27/02/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Samara Regional Court
19/05/2022
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, on 27/02/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Samara Regional Court, 19/05/2022.
48306/22*
15/09/2022
Yekaterina Andreyevna TKACHENKO
1995
Sergey Viktorovich Podolskiy
St Petersburg
Anti-war rally
St Petersburg
02/04/2022
article 20.2 § 6.1 of CAO
fine of RUB 12,000
St Petersburg
31/05/2022
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 2.15 p.m. on 02/04/2022 to 03/04/2022, hearing in the applicant’s administrative-offence case,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: St Petersburg City Court, 31/05/2022,
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.
48502/22
30/09/2022
Anastasiya Konstantinovna GORODNITSINA
2002
Aleksey Sergeyevich Lapuzin
Samara
Anti-war rally
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 deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.00 p.m. to 08.00 p.m. on 27/02/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Samara Regional Court, 02/06/2022,
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 witnesses on whose written statements the applicant’s conviction was based.
48535/22
01/10/2022
Sergey Sergeyevich TYURIN
1987
Aleksey Sergeyevich Lapuzin
Samara
Anti-war rally
Samara
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Samara Regional Court
02/06/2022
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, from 2.25 p.m. to an unspecified time, at least 3.25 p.m. on 06/03/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: 02/06/2022, Samara Regional Court,
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 witnesses on whose written statements the applicant’s conviction was based.
50599/22
27/09/2022
Marina Sergeyevna VOLNUSHKINA
1963
Ruslan Vladimirovich Sozonov
Nizhniy Novgorod
Anti-war rally
Nizhniy Novgorod
24/02/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
01/06/2022