Published on 5 February 2024
FOURTH SECTION
Application no. 12800/17
Natalya Yevgenyevna IVANOVA against Russia
and 16 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 / criminal offence
Penalty
Final domestic decision
Court Name
Date
Other complaints under well-established case-law
12800/17*
06/02/2017
Natalya Yevgenyevna IVANOVA
1967
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally in support of N. Savchenko
Moscow
08/03/2016
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
24/08/2016
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention (i) on 08/03/2016 and (ii) on 12/03/2016 for the sole purpose of drawing up an offence record,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of 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 and to adduce evidence in support of the applicant’s account of the events on equal footing with the prosecution- both sets of proceedings,
Art. 10 (1) - disproportionate measures against solo demonstrators – in Moscow, on 12/03/2016, Support of N. Savchenko - arrest, conviction under article 20.2 § 5 of CAO, fine of RUB 10,000, final judgment of 08/08/2016 by the Moscow City Court
2401/18*
29/12/2017
Pavel Nikolayevich RUMYANTSEV
1995
Memorial Human Rights Centre
Moscow
Rally against corruption
Moscow
26/03/2017
article 19.3 § 1 of CAO
and
article 20.2 § 5 of CAO
fine of RUB 1,000
and
fine of RUB 15,000
Moscow City Court
10/07/2017
and
Moscow City Court
14/07/2017
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of the proceedings,
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 26/03/2017 to 28/03/2017 as administrative suspect, after the offence record had been compiled on 27/03/2017,
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 in both sets of the proceedings
50244/19*
09/09/2019
Irina Vyacheslavovna MURAKHTAYEVA
1973
Deceased in 2020
Application maintained by the late applicant’s husband,
Aleksey Viktorovich Murakhtayev
1972
Ruslan Vladimirovich Sozonov
Nizhniy Novgorod
Stroll in memory of B. Nemtsov
Nizhniy Novgorod
24/02/2019
article 20.2 § 2 of CAO
fine of RUB 20,000
Nizhniy Novgorod Regional Court
08/05/2019
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 05/03/2019 for the sole purpose of drawing up an offence record in respect of the events of 24/02/2019,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
14300/21*
18/02/2021
Ali Bayazitovich KHANTIMIROV
1962
Ilya Valeryevich Tkachenko
Gatchina
Picketing against the constitutional amendments
St Petersburg
16/07/2020
article 20.2 § 8 of CAO
administrative detention of 20 days
St Petersburg City Court
18/08/2020
Art. 5 (1) - unlawful detention- arrest and escorting to a police station, detention between 05/08/2020 and 06/08/2020 as administrative suspect, pending trial and after the offence record had been compiled,
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 and to submit evidence in defence of the applicant’s version of events on an equal footing with the prosecution
20667/21*
25/03/2021
Vladislav Ruslanovich TSUKANOV
2000
Memorial Human Rights Centre
Moscow
Rally in support of A. Navalnyy
Moscow
02/02/2021
Anti-war rally
Moscow
06/03/2022
article 20.2 § 6.1 of CAO
article 20.2 § 5 of CAO
administrative detention of 10 days
fine of RUB 10,000
Moscow City Court
10/02/2021
Moscow City Court
23/08/2022
Art. 5 (1) - unlawful detention- arrest, escorting to a police station, detention on 03/02/2021 as administrative suspect, pending trial and after the offence record had been compiled,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - two sets of the administrative 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 - two sets of the proceedings,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 03/02/2021 in the first set of proceedings was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
22706/21
09/04/2021
Lyudmila Borisovna BORISOVA
1953
Polina Aleksandrovna Sidelnikova
Vladivostok
Rally in support of S. Furgal
Vladivostok
25/07/2020
Opposition rally
Vladivostok
31/01/2021
article 20.2 § 5 of CAO
article 20.2 § 8 of CAO
fine of RUB 5000
fine of RUB 75,000
Primorye Regional Court
13/10/2020
Primorye Regional Court
01/06/2021
Art. 5 (1) - unlawful detention- arrest and detention on 25/07/2020 for the sole purpose of drawing a record of administrative offence,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - first set of proceedings, final judgment of 13/10/2020,
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 - first set of proceedings, final judgment of 13/10/2020
51113/21*
13/10/2021
Ivan Aleksandrovich PROKHOROV
1995
Memorial Human Rights Centre
Moscow
Rally in support of A. Navalnyy
Moscow
23/01/2021
Rally in support of A. Navalnyy
Moscow
02/02/2021
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
fine of RUB 15,000
fine of RUB 15,000
Moscow City Court
14/04/2021
Moscow City Court
01/07/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention (i) on 23/01/2021 for the sole purpose of drawing up a record of administrative offence (such record only compiled on 26/01/2021), and (ii) on 02/02/2021 for the same purpose,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of 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 - both sets of proceedings
53235/21*
04/10/2021
Denis Shamshirovich MIRZOYEV
1996
Irina Vladimirovna Gak
Rostov-on-Don
Rally in support of A. Navalnyy
Rostov-on-Don
31/01/2021
article 20.1 § 1 of CAO
fine of RUB 1,000
Rostov Regional Court
05/04/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial and after the offence record had been compiled,
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 police officers on whose written statements the conviction was based, as well as defence witnesses
57328/21*
10/11/2021
Yevgeniy Nikolayevich YEFREMOV
1981
Memorial Human Rights Centre
Moscow
Protest against unlawful checking of ID documents
Moscow
14/03/2020
Event with a banner "Capitalism kills Russia"
Moscow
06/11/2020
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
fine of RUB 10,000
fine of RUB 10,000
Moscow City Court
17/05/2021
Moscow City Court
07/12/2021
Art. 5 (1) - unlawful detention - (i) arrest, detention and further escorting to the police station on 14/03/2020 for the sole purpose of drawing up an offence record; (ii) arrest and unlawful detention in the police van and further escorting to the police station on 06/11/2020 (administrative offence record only drawn up on 17/11/2020),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of 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 applicant’s convictions were based (both sets of proceedings)
1164/22
07/12/2021
Aleksey Viktorovich YELAGIN
1978
Vitaliy Viktorovich Cherkasov
St Petersburg
Spontaneous gathering against abusive criminal prosecution in the "Network" case
St Petersburg
22/06/2020
article 20.2 § 5 of CAO
fine of RUB 10,000
St Petersburg City Court
06/07/2021
Art. 5 (1) - unlawful detention - arrest, delayed escorting to a police station (from 1 p.m. to 6.30 p.m.), detention there on 22/06/2020 for the sole purpose of drawing up a record of administrative offence,
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
1171/22
07/12/2021
Aleksandra Alekseyevna POPOVA
1994
Vitaliy Viktorovich Cherkasov
St Petersburg
Spontaneous gathering against abusive criminal prosecution in the "Network" case
St Petersburg
22/06/2020
article 20.2 § 5 of CAO
fine of RUB 10,000
St Petersburg City Court
27/07/2021
Art. 5 (1) - unlawful deprivation detention - arrest, escorting to a police station, detention on 22/06/2020 the sole purpose of drawing up a record of administrative offence,
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
2154/22
09/12/2021
Filipp Andreyevich KUZNETSOV
1992
Memorial Human Rights Centre
Moscow
Rally in support of A. Navalnyy
Moscow, Pushkinskaya Square
23/01/2021
Rally in support of A. Navalnyy
Moscow, in the vicinity of the Matrosskaya Tishina remand centre
23/01/2021
article 20.2 § 5 of CAO
article 20.2 § 6.1 of CAO
fine of RUB 20,000
administrative detention of 10 days
Moscow City Court
11/06/2021
Moscow City Court
29/06/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention (i) between 2 p.m. and 6 p.m. on 23/01/2021 for the sole purpose of drawing up an offence record under article 20.2-5 of the CAO, and (ii) between 23/01/2021 in the evening and 25/01/2021 as administrative suspect, pending trial and after the offence record under article 20.2-6.1 of the CAO had been compiled,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of 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 - both sets of proceedings,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 25/01/2021 in the first set of proceedings was executed immediately, on account of the lack of a suspensive effect of the appeal under the CAO
4362/22*
07/01/2022
Sergey Sergeyevich MITROKHIN
1963
Aleksandr Sergeyevich Lokhmutov
Moscow
Rally in support of A. Navalnyy
Moscow
23/01/2021
Event to protest against housing policy
Moscow
17/03/2021
article 20.2 § 8 of CAO
article 20.2 § 8 of CAO
fine of RUB 300,000
fine of RUB 150,000
Moscow City Court
07/07/2021
Moscow City Court
19/08/2021
Art. 5 (1) - unlawful detention - (i) arrest, escorting to a police station, detention on 12/03/2021 for the sole purpose of drawing up an offence record in respect of the rally of 23/01/2021;
and
(ii) arrest, escorting to a police station on 17/03/2021 for compilation of the administrative material (the applicant was released against an undertaking to appear for drawing up an offence record); and , subsequently, arrest and detention on 29/03/2021 (when the applicant went to a police station for drawing up an offence record) as administrative suspect, pending trial, and after the offence record had been compiled,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of proceedings,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - both sets of proceedings - inability to cross-examine in open court police officers on whose written statements the conviction was based – both sets of proceedings
6379/22*
29/12/2021
Aleksandr Vyacheslavovich BORISENKO
2002
Natalya Andreyevna Baranova
Moscow
Rally in support of A. Navalnyy
Yekaterinburg
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Sverdlovsk Regional Court
30/06/2021
Art. 5 (1) - unlawful detention – arrest, escorting to and detention at the police station between 24/02/2022 and 25/02/2022 as administrative suspect, pending trial and after the offence record had been compiled,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of 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 - first set of proceedings, final judgment of 30/06/2021 by the Sverdlovsk Regional Court,
Art. 10 (1) - conviction for making calls to participate in public events - arrest, conviction under article 20.2 § 8 of the CAO, administrative detention of 25 days for publishing on 24/02/2022 a call for participation in an anti-war rally (scheduled for the same date) to the applicant’s Twitter account, final judgment of 01/03/2022 by the Sverdlovsk Regional Court (see Elvira Dmitriyeva v. Russia, nos. 60921/17 and 7202/18, §§ 77-90, 30 April 2019),
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 25/02/2022 (second set of proceedings) was executed immediately, on account of the lack of suspensive effect of the appeal under the CAO
6748/22*
30/12/2021
Vera Nikolayevna PRYAZHKINA
1972
Kseniya Dmitriyevna Prosvirkina
Moscow
Rally in support of A. Navalnyy
Smolensk
23/01/2021
Rally in support of A. Navalnyy
Smolensk
21/04/2021
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
fine of RUB 15,000
fine of RUB 15,000
Smolensk Regional Court
28/07/2021
Smolensk Regional Court
07/07/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of proceedings
7333/22*
20/01/2022
Vladimir Valeryevich BELIKOV
1993
Memorial Human Rights Centre
Moscow
Meeting A. Navalnyy at the Vnukovo Airport of Moscow
Moscow
17/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 15,000
Moscow City Court
19/10/2021
Art. 5 (1) - unlawful detention - arrest, delayed escorting to a police station on 17/01/2021 for the sole purpose of drawing up an offence record (such record only compiled on 27/01/2021),
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 open court police officers on whose written statements the conviction was based, as well as a defence witness,
Art. 6 (1) - lack of fair hearing - the courts’ refusal to request and adduce footage from the CCTV cameras of the airport to establish the exact circumstances of the case (the applicant’s conduct before and during his arrest)
45483/22*
26/08/2022
Yevgeniya Nikolayevna KHOKHLOVA
1987
Rim Faridovich Sabirov
Kazan
Anti-war rally
Kazan
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Republic of Tatarstan
27/04/2022
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 06/03/2022 and 07/03/2022 as administrative suspect, pending trial, after the offence record had been drawn up,
Art. 10 (1) - various restrictions on the right to freedom of expression - conviction under article 20.3.3 § 1 of CAO, fine of RUB 30,000, on account of shouting slogans "No to War!", "Ukraine will be free!", "Russia will be free!" on 06/03/2022, final judgment of 11/05/2022 by the Supreme Court of the Republic of Tatarstan