Published on 24 July 2023
THIRD SECTION
Application no. 43656/21
Andrey Valeryevich VASILYEV against Russia
and 22 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 29 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 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
43656/21
12/08/2021
Andrey Valeryevich VASILYEV
1999
Aleksey Vladimirovich Glukhov
Novocheboksarsk
Rally “Free Navalnyy”
Cheboksary
23/01/2021
article 20.2 § 5 of CAO
Fine of
RUB 10,000
Supreme Court of the Chuvash Republic
23/04/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings[1];
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 police officers on whose written statements the conviction was based[2].
43658/21
12/08/2021
Nikolay Vladimirovich VUSHNYAKOV
1995
Aleksey Vladimirovich Glukhov
Novocheboksarsk
Rally “Free Navalnyy”
Cheboksary
23/01/2021
article 20.2 § 5 of CAO
Fine of
RUB 10,000
Supreme Court of the Chuvash Republic
29/04/2021
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 police officers on whose written statements the conviction was based.
43660/21
12/08/2021
Pavel Nikolayevich GARAMOV
1997
Aleksey Vladimirovich Glukhov
Novocheboksarsk
Rally “Free Navalnyy”
Cheboksary
23/01/2021
article 20.2 § 5 of CAO
Fine of
RUB 10,000
Supreme Court of the Chuvash Republic
30/04/2021;
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 police officers on whose written statements the conviction was based.
43663/21
12/08/2021
Yevgeniy Valeryanovich GRIGORYEV
1994
Aleksey Vladimirovich Glukhov
Novocheboksarsk
Rally “Free Navalnyy”
Cheboksary
23/01/2021
article 20.2 § 5 of CAO
Fine of
RUB 10,000
Supreme Court of the Chuvash Republic
18/05/2021
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 police officers on whose written statements the conviction was based.
43667/21
12/08/2021
Aleksey Gennadyevich YEGOROV
1987
Aleksey Vladimirovich Glukhov
Novocheboksarsk
Rally “Free Navalnyy”
Cheboksary
23/01/2021
article 20.2 § 5 of CAO
Fine of
RUB 10,000
Supreme Court of the Chuvash Republic
06/05/2021
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 police officers on whose written statements the conviction was based.
43669/21
12/08/2021
Dmitriy Gennadyevich YEFIMOV
1987
Aleksey Vladimirovich Glukhov
Novocheboksarsk
Rally “Free Navalnyy”
Cheboksary
23/01/2021
article 20.2 § 5 of CAO
Fine of
RUB 11,000
Supreme Court of the Chuvash Republic
30/04/2021
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 police officers on whose written statements the conviction was based.
46558/21
03/09/2021
Aleksandr Vladimirovich KARPOVETS
1994
Konstantin Vladimirovich Bubon
Khabarovsk
Rally to support Sergey Furgal
Khabarovsk
23/01/2021
article 20.2 § 6.1 of CAO
Fine of
RUB 15,000
Khabarovsk Regional Court
09/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.30 p.m. on 23/01/2021 until 25/01/2021[3].
46580/21
07/09/2021
Ivan Sergeyevich TROFIMENKO
1995
Vitaliy Viktorovich Cherkasov
St Petersburg
Rally “Free Navalnyy”
St Petersburg
02/02/2021
article 20.2.2 § 1 of CAO
Fine of
RUB 20,000
St Petersburg City Court
25/03/2021
Art. 5 (1) (c) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.35 p.m. on 02/02/2021 until 4.00 p.m. on 03/02/2021;
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 police officers on whose written statements the conviction was based.
46615/21
03/09/2021
Sergey Yevgenyevich KLEPIKOV
1995
Vladimir Sergeyevich Kapishnikov
Orel
Rally “Free Navalnyy”
Orel
31/01/2021
article 20.2 § 5 of CAO
Fine of
RUB 10,000
Orel Regional Court
26/04/2021
47145/21
15/09/2021
Danila Sergeyevich VOLKOV
1986
Maksim Ivanovich Kamakin
St Petersburg
Rally “Free Navalnyy”
St Petersburg
31/01/2021
article 20.2.2 § 1 of CAO
Fine of
RUB 10,000
St Petersburg City Court
16/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 5.00 p.m. until 8.48 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 police officers on whose written statements the conviction was based.
49769/21
22/09/2021
Yevgeniy Igorevich BULAVIN
1993
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
St Petersburg
31/01/2021
article 20.2.2 § 1 of CAO
detention for 7 days
St Petersburg City Court
25/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.20 p.m. on 31/01/2021 until 10.00 a.m. on 01/02/2021;
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 police officers on whose written statements the 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[4].
45564/22
13/09/2022
Yekaterina Dmitriyevna RAZUMOVA
1988
Protest against war in Ukraine
Tambov
02/03/2022
article 20.6.1 § 1 of CAO
Fine of
RUB 10,000
Tambov Regional Court
16/05/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.00 p.m. until 6.30 p.m. on 02/03/2022;
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 police officers on whose written statements the conviction was based;
Art. 6 (1) - unfair criminal proceedings - various deficiencies of the administrative offence proceedings (no possibility to adduce evidence)[5].
46205/22
10/09/2022
Mikhail Sergeyevich NIKOLAICHEV
1997
Sergey Aleksandrovich Loktev
St Petersburg
Protest against war in Ukraine
St Petersburg
13/03/2022
article 20.2.2 § 1 of CAO
Fine of
RUB 10,000
St Petersburg City Court
21/06/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.30 p.m. on 13/03/2022 until 14/03/2022;
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 police officers on whose written statements the conviction was based.
46212/22
10/09/2022
Azamat Ilshatovich MUKHAMEDYAROV
1999
Natalya Pavlovna Yermilova
Yekaterinburg
Protest against war in Ukraine
Yekaterinburg
06/03/2022
article 20.2 § 5 of CAO
32 hours of community work
Sverdlovsk Regional Court
27/07/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.35 p.m. until 8.10 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;
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 police officers on whose written statements the conviction was based;
Art. 6 (1) - unfair criminal proceedings - various deficiencies of the administrative offence proceedings (no access to a lawyer during detention at the police station)[6].
46503/22
15/09/2022
Aleksandr Nikolayevich POPKOV
1994
Protest against war in Ukraine
St Petersburg
06/03/2022
article 20.2.2 § 1 of CAO
Fine of
RUB 19,000
St Petersburg City Court
14/06/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 5.30 p.m. on 06/03/2022 until 12.30 a.m. on 07/03/2022;
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 police officers on whose written statements the conviction was based.
46934/22
14/09/2022
Sofya Andreyevna OSADCHAYA
2002
Protest against war in Ukraine
Yekaterinburg
06/03/2022
article 20.2 § 5 of CAO
Fine of
RUB 20,000
Sverdlovsk Regional Court
15/06/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.02 p.m. until 11.50 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;
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 police officers on whose written statements the conviction was based.
47526/22
15/09/2022
Yevgeniy Ivanovich GOROKHOV
1983
Kirill Aleksandrovich Maksheyev
Nizhniy Novgorod
Protest against war in Ukraine
Nizhniy Novgorod
12/06/2022
article 20.3.3 § 1 of CAO
Fine of
RUB 30,000
Nizhniy Novgorod Regional Court
17/08/2022
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 3.25 p.m. until 6.00 p.m. on 12/06/2022;
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 police officers on whose written statements the conviction was based.
47531/22
15/09/2022
Lika Alekseyevna MEDNIK
2003
Andrey Anatolyevich Slavkin
Murmansk
Protest against war in Ukraine
Murmansk
24/02/2022
article 20.2 § 2 of CAO
Fine of
RUB 20,000
Murmansk Regional Court
19/05/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
47816/22
24/09/2022
Nikolay Andreyevich ILNITSKIY
1991
Protest against war in Ukraine
Moscow
26/02/2022
article 20.2 § 5 of CAO
Fine of
RUB 10,000
Moscow City Court
09/06/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 9.00 p.m. on 26/02/2022 until 12.30 a.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;
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 police officers on whose written statements the conviction was based.
9551/23
06/02/2023
Denis Aleksandrovich STRELKOV
1983
Rally in defence of Troitski woods
Moscow
12/02/2022
article 19.3 § 1 of CAO
Detention for 7 days
Moscow City Court
11/10/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 2.30 p.m. on 12/02/2022 until 9.00 a.m. on 14/02/2022;
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 two police officers on whose written statements the conviction was based.
10131/23
11/02/2023
Dmitriy Bulatovich AYVAZYAN
1996
Protest against war in Ukraine
Moscow
06/03/2022
article 20.2 § 5 of CAO
Fine of
RUB 15,000
Moscow City Court
11/10/2022
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 police officers on whose written statements the conviction was based;
Art. 6 (1) - lack of fair hearing - various deficiencies of the administrative offence proceedings (no possibility to adduce evidence).
11863/23
03/02/2023
Nadezhda Vladimirovna KRAYUSHKINA
1960
Protest against was in Ukraine
Moscow
24/02/2022
article 20.2 § 5 of CAO
Fine of
RUB 10,000
Moscow City Court
17/10/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 9.15 p.m. on 24/02/2022 until 4.30 a.m. on 25/02/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
13772/23
16/02/2023
Marat Khabalovich DOKHOV
1983
Protest against war in Ukraine
Moscow
24/02/2022
article 20.2 § 5 of CAO
Fine of
RUB 15,000
Moscow City Court
19/10/2022
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 and detention at the police station for compiling an offence report from 11.00 p.m. on 24/02/2022 until 2.30 a.m. on 25/02/2022;
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 police officers on whose written statements the conviction was based.
[1] Karelin v. Russia, no. 926/08, §§ 58-85, 20 September 2016.
[2] Schatschaschwili v. Germany [GC], no. 9154/10, §§ 100-31, ECHR 2015, and Murtazaliyeva v. Russia [GC], no. 36658/05, §§ 150-59, 18 December 2018.
[3] Butkevich v. Russia, no. 5865/07, §§ 63-65, 13 February 2018, Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 115-31, 10 April 2018, and Korneyeva v. Russia, no. 72051/17, §§ 34-36, 8 October 2019.
[4] Martynyuk v. Russia, no. 13764/15, §§ 38-42, 8 October 2019.
[5] Kasparov and Others v. Russia (no. 2), no. 51988/07, §§ 48-51, 13 December 2016.
[6] Mikhaylova v. Russia, no. 46998/08, § 76-84, 19 November 2015.