Published on 8 January 2024
THIRD SECTION
Application no. 84346/17
Aleksandr Vyacheslavovich YAKOVLEV against Russia
and 9 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 6 § 1 of the Convention relating to lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings which are the subject of well-established case law of the Court (see Karelin v. Russia, no. 926/08, 20 September 2016).
APPENDIX – STATEMENT OF FACTS
List of applications raising complaints under Article 6 § 1 of the Convention
(lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Penalty
Date of final domestic decision
Name of court
Other complaints under well-established case-law
84346/17*
06/12/2017
Aleksandr Vyacheslavovich YAKOVLEV
1982
Aleksey Borisovich Vologin
Volsk
fine of RUB 30,000, suspension of the driving licence for 1 year and 7 months
26/07/2017
Volskiy District Court of the Saratov Region
1521/18*
24/11/2017
Valeriy Leonidovich BELOZERTSEV
1981
fine of RUB 30,000, suspension of the driving licence for 1 year and 8 months
14/11/2017
Solombalskiy District Court of the Arkhangelsk Region
11944/19*
11/02/2019
Yuliya Vladimirovna BELOUSOVA
1974
Yevgeniy Valeryevich Kulakov
Arkhangelsk
fine of RUB 30,000, suspension of the driving licence for 1 year and 7 months
28/11/2018
Primorskiy District Court of the Arkhangelsk Region
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.
26174/19*
06/05/2019
Aleksandr Ivanovich ARTYUKHOV
1957
Andrey Pavlovich Mitrofanov
Gornyak
fine of RUB 30,000, suspension of the driving licence for 1 year and 6 months
21/01/2019
Loktevskiy District Court of the Altay Region
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.
10155/20*
13/02/2020
Anastasiya Romanovna VASILYEVA
1998
Anton Alekseyevich Savelyev
Domodedovo
fine of
RUB 15,000
08/10/2019
Moscow City Court
Art. 5 (1) - unlawful detention - escorting to the police station on 03/08/2019 for compiling an offence report, detention beyond the three-hour statutory period,
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.
10188/20*
03/02/2020
Vladimir Sergeyevich SHEVNIN
1979
Nikolay Sergeyevich Zboroshenko
Mytishchi
fine of
RUB 10,000
10/10/2019
Moscow City Court
Art. 5 (1) - unlawful detention - escorting to the police station on 27/07/2019 for compiling an offence report, detention beyond the three-hour statutory period,
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 conviction was based.
12984/20*
27/02/2020
Oleg Olegovich SUCHKOV
1974
Yevgeniy Vyacheslavovich Antokhin
Moscow
fine of
RUB 10,000
06/09/2019
Moscow Coty Court
Art. 5 (1) - unlawful detention - escorting to the police station on 27/07/2019 for compiling an offence report, detention beyond the three-hour statutory period,
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.
21376/20*
12/04/2020
Artem Alekseyevich GLUKHOV
2000
fine of
RUB 10,000
22/10/2019
Moscow City Court
Art. 5 (1) - unlawful detention - escorting to the police station on 03/08/2019 for compiling an offence report, detention beyond the three-hour statutory period.
43065/21*
09/08/2021
Andrey Anatolyevich MYAZDRIKOV
2002
Viktoriya Maratovna Ilyasova
Moscow
detention
for 7 days
10/02/2021
Moscow City Court
Art. 5 (1) - unlawful detention - escorting to the police station on 02/02/2021 for compiling an offence report,
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.
21790/23*
07/09/2021
Kirill Aleksandrovich ZHULIKOV
1997
Nikolay Sergeyevich Zboroshenko
Mytishchi
fine of
RUB 15,000
09/07/2021
Moscow City Court
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report, detention beyond the three-hour statutory period,
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 his conviction was based.
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