Published on 8 January 2024
THIRD SECTION
Application no. 1930/20
Sergey Sergeyevich VLASOV against Russia
and 18 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 30 November 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 / criminal offence
Penalty
Final domestic decision
Court Name
Date
Other complaints under well-established case-law
1930/20*
23/12/2019
Sergey Sergeyevich VLASOV
1986
Memorial Human Rights Centre
Moscow
Manifestation in support of I. Golunov
Moscow
12/06/2019
Meeting with MPs
Moscow
20/09/2021
Article 20.2 § 6.1 of CAO
Article 20.2 § 5 of CAO
fine of RUB 10,000
fine of RUB 10,000
Moscow City Court
30/08/2019
Moscow City Court
11/02/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an arrest record on (1) 12/06/2019 between 12.20 p.m. and 09.47 p.m., (2) 13/03/2021 between 10.30 a.m. and 11.00 p.m., (3) 23/09/2021 between 04.30 p.m. and 06.35 p.m.,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings – in particular, in the proceedings where the final judgments were taken on 30/08/2019 and 21/05/2021,
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 open court police officers on whose written statements the applicant’s conviction was based and to question in court witnesses in defence of the applicant’s version of events (all sets of proceedings),
Art. 10 (1) - various restrictions on the right to freedom of expression - the applicant, a journalist for a media outlet, was sent to cover the forum of independent MPs "Municipal Russia" organised by "Open Russia", organisation declared undesirable by the Prosecutor General’s office. Disproportionate interference with freedom of expression on account of his conviction under Art. 20.33 CAO for the participation in this event, penalty of RUB 15,000, final decision of the Izmaylovskiy District Court of Moscow on 21/05/2021.
24098/21*
19/04/2021
Miroslav Aleksandrovich VOSKRESENSKIY
1999
Aleksandr Yevgenyevich Pomazuyev
Vilnius
Rally "Free Navalnyy"
Kaliningrad
23/01/2021
Rally "Free Navalnyy"
Kaliningrad
31/01/2021
Rally "Free Navalnyy"
Kaliningrad
21/04/2021
Article 20.2 § 5 of CAO
Article 20.2 § 5 of CAO
Article 20.2 § 8 of CAO
Community service, 20 hours
fine of RUB 15,000
detention for 15 days
Kaliningrad Regional Court
16/03/2021
Kaliningrad Regional Court
16/03/2021
Kaliningrad Regional Court
29/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for and after compiling an offence report on (1) 31/01/2021 between 1.30 p.m. and 6.00 p.m. and (2) between 07.00 p.m. on 21/04/2021 and 22/04/2021 (until trial hearing),
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 (all sets of proceedings).
25805/21
16/04/2021
Tatyana Dmitriyevna MIKITINA
1992
Vladimir Valeryevich Vasin
Krasnoyarsk
Rally to support Sergey Furgal
Krasnoyarsk
01/08/2020
Rally "Free Navalnyy"
Krasnoyarsk
31/01/2021
Article 20.2 § 5 of CAO
Article 20.2 § 8 of CAO
fine of RUB 10,000
fine of RUB 150,000
Krasnoyarsk Regional Court
29/10/2020
Krasnoyarsk Regional Court
18/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report between 31/01/ 2021 and 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 - first set of the 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 (both sets of the proceedings).
42089/21*
04/08/2021
Igor Valeryevich ZHOGIN
1987
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
23/01/2021
Rally "Free Navalnyy"
Moscow
21/04/2021
Article 20.2 § 6.1 of CAO
Article 20.2 § 8 of CAO
detention for 15 days
detention for 25 days
Moscow City Court
04/02/2021
Moscow City Court
30/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report on (1) 23/01/2021 at 05.30 p.m. and until 25/01/2021 and (2) from 24/04/2021 to 26/04/2021,
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 the 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 (both 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 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO (both sets of the proceedings).
43004/21*
09/08/2021
Mikhail Lvovich POPOV
1963
Ivan Yuryevich Zhdanov
Vilnius
Rally "Free Navalnyy"
Yessentuki
23/01/2021
Article 20.2 § 2 of CAO
detention for 5 days
Stavropol Regional Court
03/03/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
43195/21*
11/08/2021
Artem Vadimovich BAYDIN
1998
Danil Ilnurovich Nurgaleyev
Kazan
Rally "Free Navalnyy"
Kazan
23/01/2021
Rally "Free Navalnyy"
Kazan
21/04/2021
Article 20.2 § 2 of CAO
Article 20.2 § 5 of CAO
fine of RUB 10,000
detention for 15 days
Supreme Court of the Tatarstan Republic
31/03/2021
Supreme Court of the Tatarstan Republic
27/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention beyond the three-hour statutory period at the police station for compiling an offence report between 23/01/2021 and 24/01/2021,
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 (first set of the proceedings),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - second set of the proceedings
43848/21*
17/08/2021
Sergey Vladimirovich YEVSEYEV
1977
Aleksandr Yevgenyevich Pomazuyev
Vilnius
Rally "Free Navalnyy"
Ryazan
23/01/2021
Article 20.2 § 2 of CAO
fine of RUB 20,000
Ryazan Regional Court
11/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report (1) on 23/01/2021 between 4.30 p.m. and 6.41 p.m. and (2) between 7.00 p.m. on 27/01/2021 and until 28/01/2021 (until trial hearing),
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.
43925/21*
13/08/2021
Sergey Vasilyevich OSKOLKOV
1992
Pavel Vladimirovich Rusnakov
Tyumen
Rally "Free Navalnyy"
Tyumen
21/04/2021
Article 20.2 § 8 of CAO
detention for 25 days
Tyumen Regional Court
30/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report on (1) 23-25/01/2021 and (2) 21-22/04/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of the 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 in both sets of the proceedings,
Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 23/01/2021 in Tyumen, Article 20.2 § 2 of CAO, detention for 8 days, final decision by the Tyumen Regional Court on 17/02/2021,
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 (both sets of the proceedings).
45552/21
24/08/2021
Simeon Aleksandrovich GRISHIN
2002
Aleksey Vladimirovich Bushmakov
Yekaterinburg
Rally "Free Navalnyy"
Yekaterinburg
23/01/2021
Anti-war protest
Yekaterinburg
26/02/2022
Article 20.2 § 5 of CAO
Article 20.2 § 8 of CAO
community service, 20 hours
detention for 15 days
Sverdlovsk Regional Court
18/05/2021
Sverdlovsk Regional Court
22/03/2022
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 26/02/2022 and detention there beyond the three-hour statutory period (2nd set of proceedings),
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.
45711/21*
26/08/2021
Marina Vladimirovna ZHELEZNYAKOVA
1965
Dmitriy Vladimirovich Zubarev
Vladivostok
Rally "Free Navalnyy"
Vladivostok
23/01/2021
Article 20.2 § 5 of CAO
fine of RUB 10,000
Primorye Regional Court
12/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report on 23/01/2021 between 12.10 and 4.00 p.m.,
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.
47837/21
09/09/2021
Roman Igorevich RAYMOV
1997
Irina Vladimirovna Khrunova
Kazan
Rally "Free Navalnyy"
Cheboksary
23/01/2021
Article 20.2 § 2 of CAO
fine of RUB 20,000
Supreme Court of the Chuvashia 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 - both sets of the 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 (both sets of the proceedings),
Art. 10 (1) - various restrictions on the right to freedom of expression - disproportionate interference with his freedom of expression on account of his conviction under Art. 20.29 CAO for having hosted on his Facebook page a comment considered as an extremist material, fine of RUB 1,000, final decision Supreme Court of the Chuvashia Republic 10/06/2021 (Taganrog LRO and Others v. Russia, nos. 32401/10 and 19 others, § 206, 7 June 2022).
56283/21*
22/10/2021
Sergey Vladimirovich GORKUNOV
1989
Vyacheslav Sergeyevich Ivanets
Tbilisi, Georgia
Rally "Free Navalnyy"
Irkutsk
23/01/2021
Article 20.2 § 5 of CAO
fine of RUB 15,000
Irkutsk Regional Court
16/07/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
56330/21*
15/11/2021
Kseniya Maksimovna MARSHALL
1996
Ivan Yuryevich Zhdanov
Vilnius
Rally "Free Navalnyy"
Moscow
02/02/2021
Protest against the war in Ukraine
Moscow
24/02/2022
Article 20.2 § 6.1 of CAO
Article 20.2 § 8 of CAO
fine of RUB 20,000
detention for 25 days
Moscow City Court
25/05/2021
Moscow City Court
10/03/2022
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report, detention beyond the three-hour statutory period on (1) 02/02/2021 and (2) 24-25/02/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both 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 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO (second set of proceedings).
57446/21*
05/11/2021
Pavel Vladimirovich CHERNOV
1970
Ivan Yuryevich Zhdanov
Vilnius
Rally "Free Navalnyy"
Pskov
31/01/2021
Article 20.2 § 5 of CAO
fine of RUB 15,000
Pskov Regional Court
17/05/2021
Art. 5 (1) - unlawful detention - on 31/01/2021 the applicant was arrested and escorted to a police station where he was detained for 2 hours,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
57731/21*
18/11/2021
Igor Igorevich KAZIKOV
1976
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
23/01/2021
Rally "Free Navalnyy"
Moscow
02/02/2021
Article 20.2 § 5 of CAO
Article 20.2 § 6.1 of CAO
fine of RUB 10,000
fine of RUB 15,000
Moscow City Court
23/08/2021
Moscow City Court
19/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention beyond the three-hour statutory period at the police station for compiling an offence report on (1) 02-03/02/2021 and (2) 23-24/01/2021,
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 the 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 (both sets of the proceedings).
58158/21
05/11/2021
Aleksey Andreyevich USOLKIN
1961
Andrey Alekseyevich USOLKIN
1986
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally "Free Navalnyy"
Moscow
02/02/2021
Article 20.2 § 5 of CAO
fine of RUB 20,000, to each of the applicants
Moscow City Court
21/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report on 02/02/2021 in respect of both applicants,
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 applicants,
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 the police officers on whose written statements the conviction was based in both sets of proceedings (in respect of both applicants).
58787/21
25/11/2021
Galina Aleksandrovna FILCHENKO
1963
Memorial Human Rights Centre
Moscow
Rally in support of A. Navalnyy
Moscow
23/01/2021
Article 20.2 § 8 of CAO
fine of RUB 150,000
Moscow City Court
27/05/2021
Art. 5 (1) - unlawful detention - the applicant was arrested on 19/03/2021 and was escorted to a police station for compiling a record of administrative offence on account of her participation in a public event, where she was detained between 8.35 a.m. and 2.30 p.m.,
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 officer on whose written statements the applicant’s conviction was based.
58850/21*
27/11/2021
Timofey Viktorovich ANDRONOV
1996
Ivan Yuryevich Zhdanov
Vilnius
Rally "Free Navalnyy"
Volgograd
21/04/2021
Article 20.2 § 5 of CAO
fine of RUB 20,000
Volgograd Regional Court
10/06/2021
Art. 5 (1) - unlawful detention – escorting to and detention at the police station for compiling an administrative offence record on 21/04/2021 between 07.30 p.m. and 10.32 p.m.,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
44205/22*
19/08/2022
Alena Mikhaylovna SMYSHLYAYEVA
1977
Aleksey Vladimirovich Bushmakov
Yekaterinburg
Anti-war protest
Yekaterinburg
06/03/2022
Article 20.2 § 5 of CAO
fine of RUB 12,000
Sverdlovsk Regional Court
03/08/2022
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report 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 - all sets of the proceedings,
Art. 10 (1) - various restrictions on the right to freedom of expression - the applicant’s conviction under Article 20.3.3 § 1 CAO for publicly sharing information on her Facebook page, which the Russian authorities considered to be tarnishing the image of the Russian military or deviating from the official narrative of Russia’s war against Ukraine.
1) on 23/03/2022, fine of RUB 30,000, final decision by the Sverdlovsk Regional Court on 06/07/2022;
2) on 01/04/2022, fine of RUB 30,000, final decision by the Sverdlovsk Regional Court on 06/07/2022;
3) 03/04/2022, fine of RUB 30,000, final decision by the Sverdlovsk Regional Court on 15/06/2022;
4) on 09/03/2022, fine of RUB 30,000, final decision by the Sverdlovsk Regional Court on 06/07/2022;
5) 10/03/2022, fine of RUB 30,000, final decision by the Sverdlovsk Regional Court on 29/06/2022;
6) 27/03/2022, fine of RUB 30,000, final decision by the Sverdlovsk Regional Court on 13/07/2022;
and the applicant’s conviction under Art. 20.1 § 3 CAO for publishing a statement demonstrating disrespect and insulting President Putin, fine of RUB 50,000, final decision by the Sverdlovsk Regional Court on 06/07/2022 (Karuyev v. Russia, no. 4161/13, 18 January 2022).
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