Published on 2 October 2023
FOURTH SECTION
Application no. 54470/21
Artem Nikolayevich IVANOV against Russia
and 15 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 7 September 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 charges
Penalty
Final domestic decision
Court Name
Date
Other complaints under well-established case-law
54470/21*
14/10/2021
Artem Nikolayevich IVANOV
1990
Tatyana Andreyevna Ivanova
Irkutsk
Rally "Free Navalnyy"
Irkutsk
31/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Irkutsk Regional Court
25/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 2 p.m. until 8 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.
55737/21*
29/10/2021
Vladimir Vladimirovich NECHAYEV
2002
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
St Petersburg
21/04/2021
article 20.2 § 2 of CAO
detention for 10 days
St Petersburg City Court
29/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 8.30 p.m. on 21/04/2021 until 3.30 p.m. on 22/04/2021;
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 administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
56564/21*
29/10/2021
Polina Andreyevna GREBENNIKOVA
2002
Daniil Alekseyevich Polyakov
Voronezh
Rally "Free Navalnyy"
Voronezh
31/01/2021
article 20.2 § 2 of CAO
fine of
RUB 10,000
Voronezh Regional Court
30/04/2021
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;
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 offence report.
59469/21*
21/11/2021
Ivan Andreyevich MARTYANOV
2001
Roman Yevgenyevich Kachanov
Yekaterinburg
Rally "Free Navalnyy"
Yekaterinburg
31/01/2021
article 20.2 § 5 of CAO
20 hours of community service
Sverdlovsk Regional Court
25/05/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 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.
59525/21*
18/11/2021
Mark Yevgenyevich NEPSHA
1994
Yevgeniy Vyacheslavovich Antokhin
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
fine of
RUB 15,000
Moscow City Court
25/05/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 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;
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.
59535/21*
18/11/2021
Yuriy Yuryevich NEZAMEDINOV
1989
Yevgeniy Vyacheslavovich Antokhin
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
fine of
RUB 20,000
Moscow City Court
25/05/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report;
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. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
59538/21*
18/11/2021
Viktor Ivanovich KOGAN
1956
Yevgeniy Vyacheslavovich Antokhin
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of
RUB 15,000
Moscow City Court
21/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 12.30 p.m. until 9 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 in the trial the police officers on whose written statements the applicant’s conviction was based.
977/22*
03/12/2021
Sergey Aleksandrovich SIMIN
1984
Aleksey Valeryevich Vlasov
Tula
Rally "Free Navalnyy"
Tula
31/01/2021
article 20.2 § 5 of CAO
fine of
RUB 15,000
Tula Regional Court
17/05/2021
(the applicant received the full text of the final decision only on 03/06/2021 - substantiated by the postal tracking receipt)
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 the police station on 31/01/2021 for compiling an offence report.
3020/22*
22/12/2021
Yekaterina Aleksandrovna CHERNENKO
1993
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
24/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 1.05 p.m. until 6.55 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;
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.
8022/22*
22/01/2022
Mikhail Alekseyevich PERSHIN
2001
Kseniya Dmitriyevna Prosvirkina
Moscow
Manifestation in support of Navalnyy
Krasnoyarsk
31/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Krasnoyarsk Regional Court
22/07/2021
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.
12279/22*
24/02/2022
Sobirdzhon Berdiyevich VOKHIDOV
1987
Kseniya Dmitriyevna Prosvirkina
Moscow
Rally to support Izat Amon
Moscow
02/04/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
27/08/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 02/04/2021 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;
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.
13705/22*
28/02/2022
Denis Valeryevich MATVEYEV
1992
Konstantin Aleksandrovich Markin
Velikiy Novgorod
Rally "Free Navalnyy"
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of
RUB 15,000
Moscow City Court
29/09/2021
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.
34656/22*
24/06/2022
Polina Dmitriyevna SHUBENTSEVA
2000
Irina Yuryevna Ruchko
Yekaterinburg
Anti-war protest (against war in Ukraine)
Yekaterinburg
24/02/2022
article 20.2 § 2 of CAO
detention for 10 days
Sverdlovsk Regional Court
02/03/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 11 a.m. until 9 p.m. on 24/02/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
36475/22*
12/07/2022
Igor Igorevich GURCHENOK
2001
Kristina Olegovna Tyurina
Nizhniy Novgorod
Manifestation against war in Ukraine
Nizhniy Novgorod
06/03/2022
article 20.2 § 8 of CAO
detention for 14 days
Nizhniy Novgorod Regional Court
17/03/2022
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;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
36545/22*
10/02/2022
Sergey Leonidovich SERGEYEV
1967
Aleksey Valeryevich Vlasov
Tula
Rally against COVID vaccination
Tula
18/11/2021
article 20.2 § 2 of CAO
fine of
RUB 21,000
Tula Regional Court
23/12/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 18/11/2021 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.
51268/22*
19/10/2022
Valentin Igorevich GUDKOV
2001
Sergey Yuryevich Tiunov
Yekaterinburg
Anti-war protest (against war in Ukraine)
Yekaterinburg
06/03/2022
article 20.2 § 5 of CAO
20 hours of community work
Sverdlovsk Regional Court
07/09/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.