Published on 21 November 2022
FIRST SECTION
Application no. 20518/17
Rustem Mamutovych VAITOV and Others against Russia
and 40 other applications
(see list appended)
communicated on 28 October 2022
SUBJECT MATTER OF THE CASE
The applications originate from the conflict between Ukraine and the Russian Federation when the Russian Federation asserted jurisdiction over Crimea in 2014.
The applications concern criminal proceedings instituted against the applicants in connection with their alleged participation in the activities of Hizb ut-Tahrir al-Islami (the Party of Islamic Liberation – hereinafter “Hizb ut-Tahrir”). On 14 February 2003 the Supreme Court of the Russian Federation found fifteen organisations, including Hizb ut-Tahrir, to be terrorist organisations and prohibited their activity in the territory of Russia. After the assertion of the Russian jurisdiction over Crimea, these legal provisions began to be applied on the territory of the peninsula as well.
On various dates Russian courts in Crimea ordered the applicants’ pre‑trial detentions, which were prolonged on a number of occasions. In some applications the applicants were found guilty of the charges and sentenced to various periods of imprisonment. In application no. 19835/21 the applicant was acquitted after almost three years of detention.
Referring, inter alia, to Article 3 of Protocol no. 4 the applicants in all applications, except for applications nos. 20518/17, 46414/17, 4705/20, 51619/20 and 2122/21, complain that during the criminal proceedings they were transferred from detention facilities located on the territory of Crimea to detention facilities in the Russian Federation. Thus, the applicants state that they, being Ukrainian nationals, were expelled from the territory of their State. Moreover, referring to Article 14 of the Convention in conjunction with Articles 5 and 6 of the Convention and Article 3 of Protocol no. 4 thereto Most applicants allege that they were treated as Russian nationals notwithstanding the fact that they were in fact Ukrainian nationals residing on “the occupied” territory and they allege that this represented a discriminatory treatment. The applicant in the application no. 4705/20 alleges that he was subjected to discrimination on the ground of his Tatar ethnicity.
The applicants in applications nos. 20518/17, 46414/17, 7932/18, 4705/20, 27630/20, 51619/20 and 2122/21 allege violations of Article 6 of the Convention. In applications nos. 20518/17, 7932/18, 4705/20, 27630/20 and 2122/21 the applicants complain, inter alia, that the courts examining their cases were not independent and impartial tribunals established by law within the meaning of Article 6 § 1 of the Convention. Moreover, the applicants in applications nos. 46414/17, 4705/20, 27630/20 and 2122/21 rely on Article 6 §§ 1 and 3 (d) of the Convention and allege that that their convictions have been based on statements by anonymous witnesses.
In applications nos. 20518/17, 7932/18, 4705/20, 27630/20 and 51619/20 the applicants complain that Russian legislation, namely the legal provisions concerning Hizb ut-Tahrir, could not be applied on the territory of Crimea and that this organisation is not prohibited in Ukraine. They rely on Article 7 of the Convention in this regard.
Furthermore, the applicants in applications 20518/17, 46414/17, 7932/18, 4705/20, 27630/20, 51619/20, 19835/21, 37298/21, 38875/21 and 42153/21 allege numerous violations of Article 5 of the Convention on the grounds of, inter alia, the alleged lack of relevant and sufficient reasons for their detention, excessive length of detention and failure of the courts to carry out a speedy review of the lawfulness of their detention. Moreover, referring to Article 13 of the Convention in conjunction with Articles 5 and 6 of the Convention, the applicant in application no. 51619/20 also alleges that being under Russian jurisdiction, he had no effective remedies in respect of the alleged violations.
In two applications, namely nos. 7932/18 and 27630/20, the applicants allege that their detention and imprisonment on the territory of Russia, far away from their homes in Crimea, violate their right to respect for their family life under Article 8 of the Convention.
Lastly, the applicants in applications nos. 7932/18 and 51619/20 complain that their detentions and subsequent convictions were aimed at suppressing opposition to “the occupying power”, in breach of Article 18 of the Convention.
QUESTIONS TO THE APPLICANTS AND THE RUSSIAN GOVERNMENT
1. Have the applicants complied with the admissibility requirements set forth in Article 35 § 1 of the Convention?
2. In applications nos. 20518/17, 46414/17, 51619/20, 37298/21, 38875/21 and 42153/21, were the applicants deprived of their liberty in breach of Article 5 § 1 of the Convention?
In application nos. 7932/18 and 4705/20, can the applicants’ prison sentences be considered a deprivation of liberty in breach of Article 5 § 1 (a) of the Convention?
3. Was the length of the applicants’ pre-trial detention in applications nos. 20518/17, 46414/17, 51619/20, 27630/20, 37298/21, 19835/21, 38875/21 and 42153/21 in breach of the “reasonable time” requirement of Article 5 § 3 of the Convention?
4. Did the length of the proceedings in applications nos. 27630/20 and 19835/21, by which the applicants sought to challenge the lawfulness of their detention, comply with the “speed” requirement of Article 5 § 4 of the Convention?
5. Did the applicant in application no. 7932/18 have an effective and enforceable right to compensation, as required by Article 5 § 5 of the Convention, in respect of his detention allegedly in breach of Article 5 § 1?
6. Having regard to the allegations made by the applicants in applications nos. 20518/17, 46414/17, 7932/18, 4705/20, 27630/20, 51619/20 and 2122/21, did the applicants have a fair hearing in the determination of the criminal charges against them by an independent and impartial tribunal established by law, in accordance with Article 6 § 1 of the Convention?
In this connection, in applications nos. 46414/17, 4705/20, 27630/20 and 2122/21, were the applicants’ rights guaranteed by Article 6 §§ 1 and 3 (d) of the Convention respected in so far as the identity of some witnesses who testified against them remained undisclosed during the trial?
7. Did the relevant provisions on the basis of which the applicants in application nos. 20518/17, 7932/18, 4705/20, 27630/20 and 51619/20 were convicted fulfil the qualitative requirements as have been set out in the Court’s case-law under Article 7 of the Convention (see Scoppola v. Italy (no. 2) [GC], no. 10249/03, § 99, 17 September 2009)?
8. As regards applications nos. 7932/18 and 27630/20, were the applicants’ transfers to Russian detention facilities compatible with the guarantees of Article 8 of the Convention?
9. Are there any effective remedies within the meaning of Article 13 of the Convention in respect of the applicant’s complaints under Articles 5 and 6 of the Convention in application no. 51619/20?
10. In respect of applications nos. 7932/18, 14363/20, 14597/20, 14670/20, 14736/20, 27630/20, 33964/20, 45090/20, 46998/20, 47142/20, 19835/21, 20233/21, 20238/21, 20241/21, 27648/21, 37298/21, 37597/21, 37604/21, 38077/21, 38079/21, 38084/21, 38088/21, 38756/21, 38820/21, 38875/21, 38887/21, 38890/21, 38891/21, 39173/21, 39177/21, 42153/21, 42302/21, 42308/21, 42314/21, 42318/21 and 46227/21, were the applicants, Ukrainian nationals, expelled from the territory of their State, in breach of Article 3 § 1 of Protocol No. 4 and/or Article 8 of the Convention?
11. Have the applicants in applications nos. 20518/17, 7932/18, 4705/20, 45090/20, 46998/20, 47142/20, 20233/21, 20238/21, 20241/21, 27648/21, 37597/21, 37604/21, 38077/21, 38079/21, 38084/21, 38088/21, 38756/21, 38820/21, 38875/21, 38887/21, 38890/21, 38891/21, 39173/21, 39177/21, 42153/21, 42302/21, 42308/21, 42314/21, 42318/21 and 46227/21 suffered discrimination in the enjoyment of their rights under Article 6 of the Convention (as regards applications nos. 20518/17, 7932/18 and 4705/20) and Article 3 § 1 of Protocol No. 4 (as regards the remaining applications mentioned above) contrary to Article 14 of the Convention?
12. In cases nos. 7932/18 and 51619/20 were the restrictions imposed by the respondent State, purportedly pursuant to Articles 5 and 6 of the Convention, applied for a purpose other than those envisaged by those provisions, contrary to Article 18 of the Convention?
QUESTIONS TO THE APPLICANT AND THE UKRAINIAN GOVERNMENT IN APPLICATION No. 46414/17
1. Has the applicant in this application complied with the admissibility requirements set forth in Article 35 § 1 of the Convention?
2. Was the applicant deprived of his liberty in breach of Article 5 § 1 of the Convention?
3. Did the applicant have a fair hearing in the determination of the criminal charges against him by an independent and impartial tribunal established by law, in accordance with Article 6 § 1 of the Convention? In this connection, were the applicant’s rights secured by Article 6 §§ 1 and 3 (d) of the Convention respected in so far as the identity of some witnesses remained undisclosed during the trial?
APPENDIX
No.
Application no.
Case name
Lodged on
Applicant
Year of Birth
Place of Residence
Nationality
Represented by
1.
20518/17
Vaitov and Оthers v. Russia
07/03/2017
Rustem Mamutovych VAITOV
1986
Kurgan
Ukrainian
Yuriy Volodymyrovych PRYMOV
1976
Yasnyy
Ukrainian
Ferat Refatovych SAYFULLAYEV
1983
Omutnynsk
Ukrainian
Mykhaylo Oleksandrovych TARAKHKALO
2.
46414/17
Kuku v. Russia and Ukraine
26/12/2016
Emir-Usein Kemalovich KUKU
1976
CRIMEE
Ukrainian
Aleksandr Vasilyevich POPKOV
3.
7932/18
Zeytullayev v. Russia
20/01/2018
Ruslan Borisovich ZEYTULLAYEV
1985
CRIMEE
Ukrainian
Anastasiya Romanivna MARTYNOVSKA
4.
4705/20
Mamutov and Others v. Russia
10/01/2020
Enver Shevketovich MAMUTOV
1975
Kochubeyevskoye
Ukrainian
Rustem Seyranovich ABILTAROV
1979
Kochubeyevskoye
Ukrainian
Zevri Serdarovich ABSEITOV
1975
Kochubeyevskoye
Ukrainian
Remzi Shevketovich MEMETOV
1966
Kochubeyevskoye
Ukrainian
Olga Mykolayivna KURYSHKO
5.
14363/20
Saliyev v. Russia
11/03/2020
Seyran Alimovich SALIYEV
1985
Rostov-na-Donu
Russian
Roman Yuriyovych MARTYNOVSKYY
6.
14597/20
Zekiryayev v. Russia
11/03/2020
Server Zekiyevich ZEKIRYAYEV
1973
Rostov-na-Donu
Ukrainian
Roman Yuriyovych MARTYNOVSKYY
7.
14670/20
Belyalov v. Russia
10/03/2020
Memet Reshatovich BELYALOV
1989
Rostov-na-Donu
Ukrainian
Roman Yuriyovych MARTYNOVSKYY
8.
14736/20
Ibragimov v. Russia
11/03/2020
Timur Izetovich IBRAGIMOV
1985
Rostov-na-Donu
Ukrainian
Roman Yuriyovych MARTYNOVSKYY
9.
27630/20
Dzhepparov v. Russia
07/05/2020
Arsen Bormambetovich DZHEPPAROV
1991
Shakhty
Russian, Ukrainian
Simon
PAPUASHVILI
10.
33964/20
Asanov v. Russia
10/03/2020
Marlen Rifatovich ASANOV
1977
Rostov-na-Donu
Russian
Roman Yuriyovych MARTYNOVSKYY
11.
45090/20
Omerov v. Russia
01/10/2020
Enver Viktorovich OMEROV
1961
Rostov-na-Dony
Ukrainian
Roman Yuriyovych MARTYNOVSKYY
12.
46998/20
Omerov v. Russia
08/10/2020
Riza Enverovich OMEROV
1988
Rostov-na-Donu
Ukrainian
Roman Yuriyovych MARTYNOVSKYY
13.
47142/20
Dzhapparov v. Russia
13/10/2020
Ayder Enverovich DZHAPPAROV
1980
Rostov-na-Donu
Ukrainian
Roman Yuriyovych MARTYNOVSKYY
14.
51619/20
Mamedeminov v. Russia
13/11/2020
Nariman Ibragimovych MAMEDEMINOV
1993
Kholmovka
Ukrainian
Anastasiya Romanivna MARTYNOVSKA
15.
2122/21
Bekirov v. Russia
25/12/2020
Inver Nebiyevich BEKIROV
1963
Salavat
Russian, Ukrainian
Natalya Yuryevna MOROZOVA
16.
19835/21
Ametov v. Russia
13/03/2021
Ernest Seyarovich AMETOV
1985
Bakhchisaray
Russian, Ukrainian
Olga Pavlovna TSEYTLINA
17.
20233/21
Seytumerov v. Russia
09/04/2021
Seytumer Shukriyevich SEYTUMEROV
1988
Rostov-na-Donu
Ukrainian
Roman Yuriyovych MARTYNOVSKYY
18.
20238/21
Seitmemetov v. Russia
09/04/2021
Rustem Abduramanovich SEITMEMETOV
1973
Rostov-na-Donu
Ukrainian
Roman Yuriyovych MARTYNOVSKYY
19.
20241/21
Seytumerov v. Russia
09/04/2021
Osman Shukriyevich SEYTUMEROV
1992
Rostov-na-Donu
Ukrainian
Roman Yuriyovych MARTYNOVSKYY
20.
27648/21
Osmanov v. Russia
12/05/2021
Erfan Serverovich OSMANOV
1982
Rostov-na-Donu
Ukrainian
Roman Yuriyovych MARTYNOVSKYY
21.
37298/21
Bekirov v. Russia
13/07/2021
Akim Ekremovych BEKIROV
1988
Sverdlovskoye
Ukrainian
Anastasiya Romanivna MARTYNOVSKA
22.
37597/21
Bazarov v. Russia
20/07/2021
Farkhod Egamberdiyovych BAZAROV
1986
Simferopol
Ukrainian
Anastasiya Romanivna MARTYNOVSKA
23.
37604/21
Bekirov v. Russia
20/07/2021
Remzi Rustemovych BEKIROV
1985
Pervomayske
Ukrainian
Anastasiya Romanivna MARTYNOVSKA
24.
38077/21
Seytkhalilov v. Russia
12/07/2021
Rustem Narimanovich SEYTKHALILOV
1984
Rostov-na-Donu
Ukrainian
Roman Yuriyovych MARTYNOVSKYY
25.
38079/21
Suleymanov v. Russia
12/07/2021
Eskender Serverovich SULEYMANOV
1973
Rostov-na-Donu
Ukrainian
Roman Yuriyovych MARTYNOVSKYY
26.
38084/21
Seytabdiyev v. Russia
13/07/2021
Seytveli Eskenderovich SEYTABDIYEV
1994
Rostov-na-Donu
Ukrainian
Roman Yuriyovych MARTYNOVSKYY
27.
38088/21
Yanikov v. Russia
13/07/2021
Asan Aliyevich YANIKOV
1986
Rostov-na-Donu
Ukrainian
Roman Yuriyovych MARTYNOVSKYY
28.
38756/21
Abdullayev v. Russia
20/07/2021
Izzet Mustafayevich ABDULLAYEV
1986
Rostov-na-Donu
Ukrainian
Roman Yuriyovych MARTYNOVSKYY
29.
38820/21
Abdulgaziyev v. Russia
20/07/2021
Tofik Sultanovich ABDULGAZIYEV
1981
Rostov-na-Donu
Ukrainian
Roman Yuriyovych MARTYNOVSKYY
30.
38875/21
Gaziyev v. Russia
26/07/2021
Servet Abduraimovych GAZIYEV
1960
Trekhprudne
Ukrainian
Anastasiya Romanivna MARTYNOVSKA
31.
38887/21
Muyedinov v. Russia
18/07/2021
Yashar Seyfetdinovich MUYEDINOV
1968
Rostov-na-Donu
Ukrainian
Roman Yuriyovych MARTYNOVSKYY
32.
38890/21
Umerov v. Russia
18/07/2021
Shaban Izzetovich UMEROV
1969
Rostov-na-Donu
Ukrainian
Roman Yuriyovych MARTYNOVSKYY
33.
38891/21
Gafarov v. Russia
18/07/2021
Dzhemil Abdullayevich GAFAROV
1962
Rostov-na-Donu
Ukrainian
Roman Yuriyovych MARTYNOVSKYY
34.
39173/21
Abdulkadyrov v. Russia
22/07/2021
Vladlen Vasilyevich ABDULKADYROV
1979
Rostov na Donu
Ukrainian
Roman Yuriyovych MARTYNOVSKYY
35.
39177/21
Sheykhaliyev v. Russia
22/07/2021
Rustem Dinarovich SHEYKHALIYEV
1979
Rostov na Donu
Ukrainian
Roman Yuriyovych MARTYNOVSKYY
36.
42153/21
Karimov v. Russia
02/08/2021
Alim Egamberdiyovych KARIMOV
1994
CRIMEE
Ukrainian
Anastasiya Romanivna MARTYNOVSKA
37.
42302/21
Murtaza v. Russia
20/07/2021
Seyran Kemadinovich MURTAZA
1983
Rostov-na-Donu
Ukrainian
Roman Yuriyovych MARTYNOVSKYY
38.
42308/21
Abdurakhmanov v. Russia
22/07/2021
Medzhit Anafiyevich ABDURAKHMANOV
1975
Rostov-na-Donu
Ukrainian
Roman Yuriyovych MARTYNOVSKYY
39.
42314/21
Izetov v. Russia
18/07/2021
Riza Mustafayevich IZETOV
1979
Rostov-na-Donu
Ukrainian
Roman Yuriyovych MARTYNOVSKYY
40.
42318/21
Arifmemetov v. Russia
17/07/2021
Osman Feratovich ARIFMEMETOV
1985
Rostov-na-Donu
Ukrainian
Roman Yuriyovych MARTYNOVSKYY
41.
46227/21
Ziyadinov v. Russia
08/09/2021
Emil Ismailovich ZIYADINOV
1984
Rostov-on-Don
Ukrainian
Roman Yuryovych MARTYNOVSKYY