Published on 26 June 2023
SECOND SECTION
Application no. 23169/18
Vasiliy Andreyevich VARACHENKOV and Others against Russia
and 23 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 1 June 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
23169/18*
30/04/2018
Vasiliy Andreyevich VARACHENKOV
1995
Aleksandr Maksimovich RYABUSHKIN
1992
Dmitriy Romanovich GRUZDEV
1992
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally against corruption
Moscow
05/11/2017
article 19.3 § 1 of CAO, article 20.2
§ 6.1 of CAO
Mr Varachenkov: administrative detention 15 days (art. 19.3 § 1) and fine of RUB 15,000 (art. 20.2. 6 § 1)
Mr Ryabushkin: administrative detention 15 days (art. 19.3 § 1) and fine of RUB 10,000 (art. 20.2. 6 § 1)
Mr Gruzdev: fine of RUB 10,000
(art. 20.2. 6 § 1)
Moscow City Court:
08/11/2017 and 28/03/2018 (Mr Varachenkov),
14/11/2017 and 14/03/2018 (Mr Ryabushkin),
28/03/2018
(Mr Gruzdev)
Art. 5 (1) – unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”: from 1.30 p.m. on 05/11/2017 to 06/11/2017 (Mr Gruzdev), and to 07/11/2017, the trials on the applicants’ administrative offence cases (Mr Varachenkov and Mr Ryabushkin) (see Butkevich v. Russia, no. 5865/07, §§ 63-65, 13 February 2018, Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others,
§§ 121-23, 10 April 2018, and Korneyeva v. Russia, no. 72051/17,
§§ 34-36, 8 October 2019)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in respect of all sets of the administrative-offence proceedings (see Karelin v. Russia, no. 926/08, §§ 51-84, 20 September 2016)
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicants Mr Varachenkov and Mr Ryabushkin were convicted twice for participation in the same public event on 05/11/2017: under art.19.3 § 1 of CAO (administrative detention) and under art.20.2. 6 § 1 of CAO (administrative fines) (see Korneyeva, cited above, §§ 47-65)
Art. 6 (1) - and Art. 6 (3) (d) - in respect of all sets of the administrative-offence proceedings: inability to cross-examine in the open court the police officers on whose written statements the applicants’ conviction was based (see Frumkin v. Russia, no. 74568/12, §§ 154-158, ECHR 2016 (extracts))
Art. 6 (3) (c) - free legal assistance - in respect of Mr Varachenkov who was deprived of access to legal aid (detained on 05/11/2017, 1st-instance hearing on 07/11/2017, the court dismissed the request to adjourn the hearing in order to find a counsel, appeal hearing on 08/11/2017, between hearings the applicant was in detention). On appeal hearings, the applicant was not represented either by a lawyer (see Mikhaylova v. Russia, no. 46998/08, §§ 76-102, 19 November 2015)
23799/18*
10/05/2018
Yuriy Viktorovich KAZAKOV
1965
Oleg Aleksandrovich Yelanchik
Moscow
Opposition rally
Moscow
05/11/2017
article 19.3 § 1 of CAO, article 20.2
§ 5 of CAO
administrative detention for 15 days
(art. 19.3 § 1),
fine of RUB 20,000
(art. 20.2 § 5)
Moscow City Court, 10/11/2017 and 30/03/2018
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances” from 4.20 p.m. on 05/11/2017 till the hearing on 07/11/2017 on the administrative offence case (see Butkevich, §§ 63-65, Tsvetkova and Others, §§ 121-23, and Korneyeva, §§ 34-36, all cited above)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in respect of both sets of the administrative offence proceedings
(see Karelin, cited above, §§ 51-84)
Art. 6 (1) - and Art. 6 (3) (d) - inability to cross-examine in open court police officers on whose written statements the applicant’s conviction was based and to submit evidence, including video recordings, in defence of the applicant’s version of events on an equal footing with the prosecution (see Frumkin, cited above, §§ 154-58)
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was convicted twice for participation in the same public event: under art. 19.3 § 1 of CAO (administrative detention), and under art. 20.2 § 5 of CAO (fine) (see Korneyeva, cited above,
§§ 47-65)
24367/18*
12/05/2018
Daniil Valentinovich VORONTSOV
1982
Nadezhda Viktorovna Yermolayeva
Moscow
Opposition rally
Moscow
05/11/2017
article 19.3 § 1 of CAO, article 20.2
§ 5 of CAO
administrative detention of 15 days
(art. 19.3 § 1),
fine of RUB 15,000
(art. 20.2 § 5)
Moscow City Court, 17/11/2017 and 26/03/2018
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings (see Karelin, cited above, §§ 51-84)
Art. 6 (1) - and Art. 6 (3) (d) - in respect of both sets of the administrative offence proceedings: inability to cross-examine in open court police officers on whose written statements the applicant’s conviction was based and to submit evidence, in defence of the applicant’s version of events on an equal footing with the prosecution (see Frumkin, cited above, §§ 154-58)
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was convicted twice for participation in the same public event: under art. 19.3 § 1 of CAO (administrative detention), and under art. 20.2 § 5 of CAO (fine) (see Korneyeva, cited above,
§§ 47-65)
24743/18*
08/05/2018
Maksim Mikhaylovich KOLYBELNIKOV
1985
Irina Aleksandrovna Yatsenko
Moscow
Opposition rally
Moscow
05/11/2017
article 19.3 § 1 of CAO, article 20.2
§ 5 of CAO
administrative detention for 15 days
(art. 19.3 § 1),
fine of RUB 15,000
(art. 20.2 § 5)
Moscow City Court, 08/11/2017 and 26/03/2018
Art. 5 (1) - unlawful deprivation of liberty: escorting to the 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 p.m. on 05/11/2017 till the hearing on 07/11/2017 on the administrative-offence case (see Butkevich, §§ 63-65, Tsvetkova and Others, §§ 121-23, and Korneyeva, §§ 34-36, all cited above)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in respect of both sets of the administrative-offence proceedings (see Karelin, cited above,
§§ 51-84)
Art. 6 (1) - and Art. 6 (3) (d) - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based and to submit evidence, including video recordings, in defence of the applicant’s version of events on an equal footing with the prosecution (see Frumkin, cited above, §§ 154-58)
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was convicted twice for participation in the same public event of 05/11/2017: under art. 19.3 § 1 of CAO (administrative detention), and under art. 20.2 § 5 of CAO (fine)
(see Korneyeva, cited above, §§ 47-65)
24799/18*
13/05/2018
Andrey Vladimirovich IOSS
1972
Oleg Aleksandrovich Yelanchik
Moscow
Opposition rally
Moscow
05/11/2017
article 19.3 § 1 of CAO, article 20.2
§ 5 of CAO
administrative detention for 15 days
(art. 19.3 § 1),
fine of RUB 20,000
(art. 20.2 § 5)
Moscow City Court, 13/11/2017 and 12/04/2018
Art. 5 (1) - unlawful deprivation of liberty: escorting to the 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 p.m. on 05/11/2017 till the hearing on 07/11/2017 in the administrative-offence case; no record of administrative detention (see Butkevich, §§ 63-65, Tsvetkova and Others, §§ 121-23, and Korneyeva, §§ 34-36,
all cited above)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in respect of both sets of the administrative-offence proceedings
(see Karelin, cited above, §§ 51-84)
Art. 6 (1) - and Art. 6 (3) (d) - in respect of both sets of the administrative-offence proceedings: inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based and to submit evidence, including video recordings, in defence of the applicant’s version of events on an equal footing with the prosecution
(see Frumkin, cited above, §§ 154-58)
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was convicted twice for participation in the same public event: under art. 19.3 § 1 of CAO (administrative detention), and under art. 20.2 § 5 of CAO (fine) (see Korneyeva, cited above,
§§ 47-65)
30608/18*
18/06/2018
Alexey Sergeyevich ZELENOV
1993
Memorial Human Rights Centre
Moscow
Opposition rally
Moscow
12/06/2017
article 19.3 § 1 of CAO, article 20.2
§ 5 of CAO
fines of RUB 1,000 (art. 19.3 § 1) and RUB 15,000
(art. 20.2 § 5)
Moscow City Court, 06/03/2018 and 28/03/2018
Art. 5 (1) - unlawful deprivation of liberty: escorting to the 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. on 12/06/2017 to 0.40 a.m. on 13/06/2017; the time indicated in the record of the administrative arrest was at variance with the time argued by the applicant (see Butkevich, §§ 63-65, Tsvetkova and Others, §§ 121-23, and Korneyeva, §§ 34-36, all cited above)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
(see Karelin, cited above, §§ 51-84)
Art. 6 (1) - and Art. 6 (3) (d) - inability to cross-examine in open court a police officer on whose written statements the applicant’s conviction was based and to submit evidence, including video recordings, in defence of the applicant’s version of events on an equal footing with the prosecution
(see Frumkin, cited above, §§ 154-58)
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was convicted twice for participation in the same public event: under art. 19.3 § 1 of CAO (fine of RUB 1,000), and under art. 20.2 § 5 of CAO (fine of RUB 15,000) (see Korneyeva, cited above, §§ 47-65)
31415/18*
14/06/2018
Yevgeniy Valikhanovich MUSIN
1980
Rally against Mr Putin’s re‑election as President
St Petersburg
28/01/2018
Rally against constitutional amendments
St Petersburg
16/07/2020
article 19.3 § 1 of CAO, article 20.2
§ 5 of CAO
article 20.2 § 8
of CAO
fine of RUB 500 (art. 19.3 § 1),
fine of RUB 10,000 (art. 20.2 § 5)
administrative detention of 20 days
St Petersburg City Court, both decisions of the same date
29/03/2018
St Petersburg City Court
21/07/2020
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances” from 02.00 a.m. on 18/07/2020 to 03.20 p.m. on 19/07/2020 (see Butkevich,
§§ 63-65, Tsvetkova and Others, §§ 121-23, and Korneyeva, §§ 34-36,
all cited above)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in respect of all sets of the administrative-offence proceedings (see Karelin, cited above,
§§ 51-84)
Art. 6 (1) - and Art. 6 (3) (d) - in respect of the proceedings in 2020: inability to cross-examine in open court the police officers on whose statements the applicant’s conviction was based and to submit evidence in defence of the applicant’s version of events on an equal footing with the prosecution (see Frumkin, cited above, §§ 154-18)
Art. 11 (1) - restrictions on location, time or manner of conduct of public events - the local administration refused to authorise the pickets (“cubes”) the applicant planned to organise “within a radius of 15 meters from the cube” on 12-20/08/2017 (daily pickets to inform of initiatives of Mr Navalnyy). The courts rejected the applicant’s complaint (appeal on 18/12/2017, St Petersburg City Court, last final decision: 07/09/2018, Single Judge of the Supreme Court). The cubes were not authorised as the administration considered that their aim “might be interpreted too broadly”, without specification of what types of issues will be raised (political/economic/social/cultural). The form of the event was also questioned by the administration. There was no proposal for an alternative location. The applicant had not held the pickets as a result (see Lashmankin and Others v. Russia, nos. 57818/09 and 14 others, § 359, 7 February 2017)
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - In respect of the proceedings related to the public event of 28/01/2018: the applicant was convicted twice for participation in the same public event: under art. 19.3 § 1 of CAO (fine of RUB 500), and under art. 20.2 § 5 of CAO (fine of RUB 10,000) (see Korneyeva,
cited above, §§ 47-65)
38498/18*
06/08/2018
Anton Olegovich ROZHANSKIY
1986
Memorial Human Rights Centre
Moscow
Opposition rally
Moscow
12/06/2017
article 19.3 § 1 of CAO, article 20.2
§ 5 of CAO
fine of RUB 1,000 (art. 19.3 § 1),
fine of RUB 10,000 (art. 20.2 § 5)
Moscow City Court, 08/02/2018 and 30/03/2018
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances” from 4.50 p.m. on 12/06/2017 to 2.15 a.m. on 13/06/2017; the time indicated in the record of the administrative arrest was at variance with the time argued by the applicant (see Butkevich, §§ 63-65, Tsvetkova and Others, §§ 121-23, and Korneyeva, §§ 34-36, all cited above);
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in respect of both sets of the administrative-offence proceedings (see Karelin, cited above,
§§ 51-84)
Art. 6 (1) - and Art. 6 (3) (d) - in respect of both sets of the administrative-offence proceedings: inability to cross-examine in open court police officers on whose written statements the applicant’s conviction was based and to submit evidence, including video recordings, in defence of the applicant’s version of events on an equal footing with the prosecution (see Frumkin, cited above, §§ 154-58)
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was convicted twice for participation in the same public event: under art. 19.3 § 1 of CAO (fine of RUB 1,000), and under art. 20.2 § 5 of CAO (fine of RUB 10,000) (see Korneyeva,
cited above, §§ 47-65)
47202/18*
19/09/2018
Ilya Mikhaylovich GANTVARG
1999
Maksim Vladimirovich Olenichev
St Petersburg
Rally against Mr Putin’s re‑election as President
St Petersburg
28/01/2018
article 19.3 § 1 of CAO, article 20.2
§ 5 of CAO
administrative detention for 10 days
(art.19.3 § 1),
fine of RUB 15,000 (art.20.2 § 5)
St Petersburg City Court, 19/03/2018 and 26/04/2018
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances” from 5.30 p.m. on 12/03/2018 till the hearing on 13/03/2018 in the administrative-offence case (see Butkevich, §§ 63-65, Tsvetkova and Others, §§ 121-23, and Korneyeva, §§ 34-36, all cited above)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in respect of both sets of the administrative-offence proceedings (see Karelin, cited above,
§§ 51-84)
Art. 6 (1) and Art. 6 (3) (d) - in respect of both sets of the administrative-offence proceedings: inability to cross-examine in open court police officers on whose written statements the applicant’s conviction was based and to submit evidence, including video recordings, in defence of the applicant’s version of events on an equal footing with the prosecution (see Frumkin, cited above, §§ 154-58)
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was convicted twice for participation in the same public event: under art. 19.3 § 1 of CAO (administrative detention), and under art. 20.2 § 5 of CAO (fine) (see Korneyeva, cited above,
§§ 47-65)
47908/18*
09/09/2018
Sergey Andreyevich BOYKO
1983
Andzhelika Viktorovna Chernyavskaya
Oktyabrskiy
Anticorruption rally
Novosibirsk
30/09/2017
article 20.2 § 5
of CAO
fine of RUB 10,000
Novosibirsk Regional Court
27/03/2018
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”:
- from 4.00 p. m. on 21/05/2018 to an unspecified time on 22/05/2018 (the hearings in the applicant’s administrative offence case related to calls to participate in an unauthorised public event on 05/05/2018),
- from 2.40 p.m. on 09/09/2018 to the beginning of the hearings in the applicant’s administrative offence case related to calls to participate in an unauthorised public event of the same day (see Butkevich, §§ 63-65, Tsvetkova and Others, §§ 121-23, and Korneyeva, §§ 34-36,
all cited above)
Art. 10 (1) - conviction for making calls to participate in public events: 1) Conviction under article 20.2 § 8 of the CAO for calls to participate in unauthorised manifestation on 05/05/2018 published in Twitter / 30 days of administrative detention/ final decision: Moscow City Court, 25/05/2018
2) Conviction under article 20.2 § 8 of the CAO for calls to participate in unauthorised manifestation on 09/09/2018 published in social network Vkontakte / 30 days of administrative detention/ final decision: Novosibirsk Regional Court, 12/09/2018, (see Elvira Dmitriyeva v. Russia, nos. 60921/17 and 7202/18, §§ 74-90, 30 April 2019)
49960/18*
10/10/2018
Anton Yevgenyevich ALYABYEV
1999
Ivan Yuryevich Zhdanov
Vilnius
Rally against re-election of Mr Putin as President
Voronezh
05/05/2018
article 19.3 § 1 of CAO, article 20.2
§ 5 of CAO
administrative detention of 5 days (art. 19.3 § 1),
fine of RUB 10,000 (art. 20.2 § 5)
Voronezh Regional Court, 21/06/2018 and
05/07/2018
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances” from 06.10 p.m. on 05/05/2018 till the hearings on the administrative-offence case on 06/05/2018 (see Butkevich, §§ 63-65, Tsvetkova and Others, §§ 121-23, and Korneyeva, §§ 34-36, all cited above)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in respect of both sets of the administrative-offence proceedings (see Karelin,
cited above, §§ 51-84)
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was convicted twice for participation in the same public event: under art. 19.3 § 1 of CAO (administrative detention), and under art. 20.2 § 5 of CAO (fine) (see Korneyeva,
cited above, §§ 47-65)
49965/18*
10/10/2018
Denis Sergeyevich PYLEV
1987
Ivan Yuryevich Zhdanov
Vilnius
Rally against Mr Putin’s re-election as President
Voronezh
05/05/2018
article 19.3 § 1 of CAO, article 20.2
§ 5 of CAO
administrative detention of 5 days (art. 19.3 § 1),
fine of RUB 10,000 (art. 20.2 § 5)
Voronezh Regional Court, 25/06/2018 and
04/06/2018
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances” from 7.10 p.m. on 05/05/2018 till the hearings on 06/05/2018 in the administrative-offence case (see Butkevich, §§ 63-65, Tsvetkova and Others, §§ 121-23, and Korneyeva, §§ 34-36, all cited above)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in respect of both sets of the administrative-offence proceedings (see Karelin,
cited above, §§ 51-84)
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was convicted twice for participation in the same public event: under art. 19.3 § 1 of CAO (administrative detention), and under art. 20.2 § 5 of CAO (fine) (see Korneyeva,
cited above, §§ 47-65)
50046/18*
10/10/2018
Sergey Gennadyevich KARPENKO
1981
Ivan Yuryevich Zhdanov
Vilnius
Rally against Mr Putin’s re‑election as President
Voronezh
05/05/2018
article 19.3 § 1 of CAO, article 20.2
§ 5 of CAO
administrative detention of 2 days (art. 19.3 § 1),
fine of RUB 5,000 (art. 20.2 § 5)
Voronezh Regional Court, 21/06/2018 and
04/07/2018
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances” from 7.00 p.m. on 05/05/2018 till the hearings on 06/05/2018 on the applicant’s administrative-offence case (see Butkevich, §§ 63-65, Tsvetkova and Others, §§ 121-23, and Korneyeva, §§ 34-36, all cited above)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in respect of both sets of the administrative-offence proceedings (see Karelin,
cited above, §§ 51-84)
Art. 6 (1) and Art. 6 (3) (d) - in respect of both sets of the administrative-offence proceedings: inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based (see Frumkin, cited above, §§ 154-158)
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was convicted twice for participation in the same public event: under art. 19.3 § 1 of CAO (administrative detention), and under art. 20.2 § 5 of CAO (fine) (see Korneyeva,
cited above, §§ 47-65)
50537/18*
10/10/2018
Vladislav Dmitriyevich TOLSTOV
1995
Ivan Yuryevich Zhdanov
Vilnius
Rally against Mr Putin’s re‑election as President
Voronezh
05/05/2018
article 19.3 § 1 of CAO, article 20.2
§ 5 of CAO
administrative detention of 5 days (art. 19.3 § 1),
fine RUB 10,000 (art. 20.2 § 5)
Voronezh Regional Court (both decisions on the same date)
21/06/2018
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances” from 07.15 p.m. on 05/05/2018 till the hearings on 06/05/2018 on the applicant’s administrative-offence case (see Butkevich, §§ 63-65, Tsvetkova and Others, §§ 121-23, and Korneyeva, §§ 34-36, all cited above)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in respect of both sets of the administrative-offence proceedings (see Karelin,
cited above, §§ 51-84)
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was convicted twice for participation in the same public event: under art. 19.3 § 1 of CAO (administrative detention), and under art. 20.2 § 5 of CAO (fine) (see Korneyeva,
cited above, §§ 47-65)
50820/18*
10/10/2018
Vasiliy Aleksandrovich KOREPANOV
1997
Ivan Yuryevich Zhdanov
Vilnius
Rally against Mr Putin’s re‑election as President
St Petersburg
05/05/2018
article 19.3 § 1 of CAO, article 20.2
§ 5 of CAO
fine of RUB 500 (art. 19.3 § 1),
fine of RUB 10,000 (art. 20.2 § 5)
St Petersburg City Court (both decisions of the same date)
19/06/2018
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence, from 5.30 p.m. on 05/05/2018 to an unspecified time (see Butkevich, §§ 63-65, Tsvetkova and Others, §§ 121-23, and Korneyeva,
§§ 34-36, all cited above)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in respect of both sets of the administrative-offence proceedings (see Karelin,
cited above, §§ 51-84)
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was convicted twice for participation in the same public event: under Art. 19.3 § 1 of CAO (fine of RUB 500), and under Art. 20.2 § 5 of CAO (fine of RUB 10,000) (see Korneyeva,
cited above, §§ 47-65)
50823/18*
10/10/2018
Dmitriy Sergeyevich KANONYKHIN
1997
Ivan Yuryevich Zhdanov
Vilnius
Rally against Mr Putin’s re‑election as President
Voronezh
05/05/2018
article 19.3 § 1 of CAO, article 20.2
§ 5 of CAO
administrative detention of 5 days (art. 19.3 § 1),
fine of RUB 10,000 (art. 20.2 § 5)
Voronezh Regional Court, both decisions of the same date
20/06/2018
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances” from 6.00 p.m. on 05/05/2018 till the hearings on the applicant’s administrative-offence case on 06/05/2018 (see Butkevich, §§ 63-65, Tsvetkova and Others, §§ 121-23, and Korneyeva, §§ 34-36, all cited above)
Art. 6 (1) - lack of impartiality of tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in respect of both sets of the administrative-offence proceedings (see Karelin,
cited above, §§ 51-84)
Art. 6 (1) - and Art. 6 (3) (d) - in respect of both sets of the administrative-offence proceedings: impossibility to cross-examine police officers on whose statements the applicant’s conviction was based (see Frumkin,
cited above, §§ 154-58)
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was convicted twice for participation in the same public event: under art. 19.3 § 1 of CAO (administrative detention) and under art. 20.2 § 5 of CAO (fine) (see Korneyeva,
cited above, §§ 47-65)
50828/18*
10/10/2018
Yaroslav Yevgenyevich ZUBOTAREV
1998
Ivan Yuryevich Zhdanov
Vilnius
Rally against Mr Putin’s re‑election as President
Voronezh
05/05/2018
article 19.3 § 1 of CAO, article 20.2
§ 5 of CAO
administrative detention of 5 days (art. 19.3 § 1),
fine of RUB 10,000 (art. 20.2 § 5)
Voronezh Regional Court, both decisions on the same date
15/06/2018
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances” from 6.40 p.m. on 05/05/2018 till the hearings on 06/05/2018 on the applicant’s administrative-offence case (see Butkevich, §§ 63-65, Tsvetkova and Others, §§ 121-23, and Korneyeva, §§ 34-36, all cited above)
Art. 6 (1) - lack of impartiality of tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in respect of both sets of the administrative-offence proceedings (see Karelin,
cited above, §§ 51-84)
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was convicted twice for participation in the same public event: under art. 19.3 § 1 of CAO (administrative detention), and under art. 20.2 § 5 of CAO (fine) see Korneyeva,
cited above, §§ 47-65)
51361/18*
18/10/2018
Mariya Vladimirovna ALEKHINA
1988
Rally in support of Telegram
Moscow
16/04/2018
Rally of four people against police abuse
Moscow
28/11/2020
Rally in commemoration of the First World War (the applicant could not participate because she was apprehended by the police before)
Moscow
22/06/2021
article 20.2.2 § 1 of CAO
article 20.2 § 5 of CAO
article 19.3 § 1 of CAO
community works of 100 hours
fine of RUB 15,000
administrative detention of 15 days
Moscow City Court
20/04/2018
Moscow City Court
12/03/2021
Moscow City Court
30/06/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence on 02/12/2020 from 6.30 p.m. to 9.00 p.m. (see Butkevich, §§ 63-65, Tsvetkova and Others, §§ 121-23, and Korneyeva, §§ 34-36, all cited above)
Art. 5 (3) - excessive length of pre-trial detention - the applicant was under house arrest from 29/01/2021 to 20/09/2021. She claims, notably, that the domestic courts extended her house arrest by using formulaic reasoning and listing the grounds provided for by the Code of Criminal Procedure (such as the gravity of the offence, the possibility of the applicant absconding, putting pressure on witnesses, and interfering with the investigation), without linking them to the circumstances of the applicant’s case or verifying whether these grounds remained valid at the advanced stages of the proceedings. The appellate courts reproduced the wording of the first‑instance courts’ decisions and dismissed the applicant’s appeals against the house arrest orders (see Dirdizov v. Russia, no. 41461/10,
§§ 108-11,27 November 2012)
Art. 5 (4) - excessive length of judicial review of detention - appeal against the decision of the Preobrazhenskiy District Court of Moscow of 23/07/2021 extending the applicant’s house arrest considered by the Moscow City Court on 19/08/2021 (see Idalov v. Russia ([GC], no. 5826/03, 22 May 2012)
Art. 6 (1) - lack of impartiality of tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in respect of all sets of the administrative-offence proceedings (see Karelin,
cited above, §§ 51-84)
Art. 6 (1) - and Art. 6 (3) (d) - in respect of the proceedings in 2018 (final judgment - Moscow City Court, 20/04/2018) and 2021 (final judgments - Moscow City Court, 12/03/2021, 30/06/2021) inability to cross-examine police officers who draw up the administrative-offence records and on whose written statements the applicant’s convictions were based (see Frumkin, cited above, §§ 154-58)
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentences of administrative detention imposed on the applicant on 23/06/2021 and 08/07/2021 were executed immediately, on account of the lack of suspensive effect of an appeal under the CAO (see Tsvetkova and Others, cited above, §§ 179-191; Martynyuk v. Russia, no. 13764/15,
§§ 38-42, 8 October 2019)
58337/18*
18/11/2018
Ivan Sergeyevich MONIKOV
1984
Ivan Yuryevich Zhdanov
Vilnius
Rally against Mr Putin’s re‑election as President
St Petersburg
05/05/2018
article 19.3 § 1 of CAO, article 20.2
§ 5 of CAO
administrative detention of 5 days (art. 19.3 § 1),
fine of RUB 15,000 (art. 20.2 § 5)
St Petersburg City Court (both decisions of the same date)
29/05/2018
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances” from 5.50 p.m. on 05/05/2018 till the hearings on 06/05/2018 on the applicant’s administrative-offence case (see Butkevich, §§ 63-65, Tsvetkova and Others, §§ 121-23, and Korneyeva, §§ 34-36, all cited above)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in respect of both sets of the administrative-offence proceedings (see Karelin,
cited above, §§ 51-84)
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was convicted twice for participation in the same public event: under art. 19.3 § 1 of CAO (administrative detention), and under art. 20.2 § 5 of CAO (fine) see Korneyeva,
cited above, §§ 47-65)
58871/18*
30/11/2018
Vladimir Yuryevich SHIPITSYN
1969
Rally for peace and cooperation with western countries
St Petersburg
01/05/2018
Rally in support of Crimean Tatars
St Petersburg
18/05/2020
article 19.3 § 1 of CAO, article 20.2
§ 5 of CAO
article 20.2 § 2 of CAO
fine of RUB 900 (art. 19.3 § 1),
fine of RUB 10,000 (art. 20.2 § 5)
community works of 40 hours
St Petersburg City Court, 30/05/2018 and 26/06/2018
St Petersburg City Court
22/12/2020
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”:
- from 12.30 a.m. to 11.45 p.m. on 01/05/2018,
- from 12.50 a.m. to 5.30 p.m. on 08/05/2018, the hearings on the applicant’s administrative-offence case,
- from 03.00 p.m. on 01/07/2020 to 02/07/2020, the hearings on the applicant’s administrative-offence case (see Butkevich, §§ 63-65, Tsvetkova and Others, §§ 121-23, and Korneyeva, §§ 34-36, all cited above)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - - in respect of all (three) sets of the administrative-offence proceedings (see Karelin, cited above, §§ 51-84)
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses – in respect of the rally of 18/05/2020 - inability to cross-examine in open court police officer on whose written statement the conviction was based (see Frumkin, cited above, §§ 154-58)
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was convicted twice for participation in the same public event of 01/05/2018: under art. 19.3 § 1 of CAO (fine of RUB 900), and under art. 20.2 § 5 of CAO (fine of RUB 10,000) see Korneyeva, cited above, §§ 47-65)
59755/18
04/12/2018
Aleksandra Aleksandrovna TIMOFEYEVA
1998
Aleksey Vladimirovich Glukhov
Novocheboksarsk
"Hybrid rally" (march and meeting) in support of A. Navalnyy
Cheboksary
05/05/2018
article 20.2 § 5 of CAO, article 19.3
§ 1 of CAO
fine of RUB 10,000, community works of 20 hours (two separate proceedings under art. 20.2 § 5), and fine of RUB 500 (under art. 19.3 § 1)
Supreme Court of the Chuvashia Republic, respectively on 07/06/2018, 05/06/2018 and
14/06/2018
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in respect of all sets of the administrative-offence proceedings (see Karelin,
cited above, §§ 51-84)
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was convicted three times for participating in the same public event: under art. 20.2 § 5 of the CAO (fine of RUB 10,000 and 20 hours of community service), and under art. 19 § 3.1 of the CAO (fine of RUB 500) (see Korneyeva, cited above, §§ 47-65)
59761/18
04/12/2018
Sergey Vladimirovich YEGOROV
1993
Aleksey Vladimirovich Glukhov
Novocheboksarsk
"Hybrid rally" (march and meeting) in support of A. Navalnyy
Cheboksary
05/05/2018
article 20.2 § 5 of CAO, article 19.3
§ 1 of CAO
community works of 20 hours
(art. 20.2 § 5),
fine of RUB 500 (art. 19.3 § 1)
Supreme Court of the Chuvashia Republic, 05/06/2018 and
15/06/2018
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in respect of both sets of the administrative-offence proceedings (see Karelin,
cited above, §§ 51-84)
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was convicted twice for participation in the same public event: under art. 19.3 § 1 of CAO (fine), and under art. 20.2 § 5 of CAO (community works) (see Korneyeva, cited above, §§ 47-65)
8435/20*
24/01/2020
Yuliya Yevgenyevna CHAPURINA
1991
Igor Nikolayevich Sholokhov
Kazan
“Hybrid” rally against construction of waste incineration plant
Arkhangelsk
07/04/2019
article 20.2 § 5 of CAO, article 20.2 § 6.1 of CAO
two fines of RUB 10,000 each
Arkhangelsk Regional Court
05/12/2019 and 17/10/2019
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings – three sets of proceedings (final decisions - Arkhangelsk Regional Court, 17/10/2019, 05/12/2019 and 02/06/2022) (see Karelin, cited above, §§ 51-84)
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was convicted twice for participation in the same public event: under art. 20.2 § 5 CAO and under art. 20.2 § 6.1 of CAO (both times he was punished by a fine) for one public “hybrid” event (see Korneyeva, cited above, §§ 47-65)
Art. 10 (1) - disproportionate measures against solo demonstrators - solo-picket against the war in Ukraine in Arkhangelsk on 03/04/2022; conviction under Art. 20.3.3 § 1 of CAO, fine of RUB 40,000; final: 02/06/2022, Arkhangelsk Regional Court (see Novikova and Others v. Russia, nos. 25501/07 and 4 others, §§ 106-215,
26 April 2016)
11142/21*
01/02/2021
Vitaliy Andreyevich SOKOLOV
1983
Memorial Human Rights Centre
Moscow
Anti-corruption rally
Moscow
15/07/2020
article 20.2 § 6.1 of CAO
fine of RUB 20,000
Moscow City Court
08/09/2020
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police office for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 10.30 p.m. on 15/07/2020 to 5.20 a.m. on 16/07/2020 (see Butkevich, §§ 63-65, Tsvetkova and Others, §§ 121-23, and Korneyeva, §§ 34-36,
all cited above)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings (see Karelin,
cited above, §§ 51-84)