YATSENKO v. RUSSIA and 27 other applications

Published on 30 October 2023

SECOND SECTION

Application no. 63358/16
Irina Aleksandrovna YATSENKO against Russia
and 27 other applications

(see list appended)

PROCEDURAL INFORMATION

Following a preliminary examination of the admissibility of the applications on 5 October 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 10 § 1 of the Convention relating to disproportionate measures against solo demonstrators which are the subject of well-established case law of the Court (see Novikova and Others v. Russia, nos. 25501/07 and 4 others, 26 April 2016, and Lashmankin and Others v. Russia, nos. 57818/09 and 14 others, 7 February 2017).

APPENDIX – STATEMENT OF FACTS

List of applications raising complaints under Article 10 § 1 of the Convention
(disproportionate measures against solo demonstrators)

No.

Application no.

Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Location

Date

Purpose of the demonstration

Administrative charges

Penalty

Final domestic decision

Date

Name of the court

Other relevant information

Other complaints under well-established case-law   

63358/16*

21/10/2016

Irina Aleksandrovna YATSENKO

1981

Nikolay Sergeyevich Zboroshenko

Mytishchi

(i) Moscow, 09/01/2016, Solo demonstration with a poster "Get rid of fear and find freedom"

(ii) Moscow, 14/03/2020, Support of the accused in the "Network" (Set’) case

(i) article 20.2 § 5 of CAO, administrative fine of RUB 10,000,

(ii) article 20.2 § 5 of the CAO, administrative fine of RUB 20,000

(i) 22/04/2016, Moscow City Court;

(ii) 04/09/2020, Moscow City Court

(i) distance requirement - event classified as assembly post facto

(ii) rotation - event classified as assembly post facto

Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention

(i) on 09/01/2016 for the sole purpose of drawing up a record of administrative offence;

(ii) between 08/03/2016 and 09/03/2016 as administrative suspect, after the offence record had been compiled; and

(iii) between 14/03/2020 and at least 15/03/2020 as administrative suspect, in excess of three hours, after the offence record had been compiled (reasons for the arrest not cited in the arrest record),

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 conviction was based (all sets of proceedings), inability to submit evidence in support of her account (video footage, proceedings under Article 19.3 of the CAO concerning the event of 09/03/2016),

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 (final judgments of 22/04/2016, 26/06/2016, 20/07/2016, 04/09/2020 by the Moscow City Court),

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies – (1) Gathering in support of Ukraine, political prisoners and Nadezhda Savchenko, Moscow, 08/03/2016; convictions in two separate sets of the proceedings:

(a) under article 19.3 § 1 of CAO, fine of RUB 500, final judgment of 26/06/2016 by the Moscow City Court; and

(b) under article 20.2 § 5 of CAO, fine of RUB 10,000, final judgment of 20/07/2016 by the Moscow City Court; and

(2) alternatively, to Article 10 issue (see, mutatis mutandis, Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-50, 17 April 2018) - arrest, conviction for participation in a series of solo demonstrations held by no less than 60 participants on a rotation basis of 14/03/2020 (final judgment issued on 04/09/2020),

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was convicted twice for participating in the same event of 08/03/2016: under article 20.2 § 5 of CAO and article 19.3 § 1 of CAO, fine of RUB 10,000 and RUB 500, respectively, final judgments: Moscow City Court, 20/07/2016 and 26/06/2016, respectively   

13024/18*

28/02/2018

Anna Vadimovna GRABETSKAYA

1986

Kseniya Andreyevna Mikhaylova

St Petersburg

 St Petersburg, 12/08/2017, Support of LGBT community

article 20.2 § 5 of CAO,

administrative fine of RUB 10,000

and

article 19.3 § 1 of CAO, administrative fine of RUB 500

21/09/2017,

St Petersburg City Court,

and

21/09/2017,

St Petersburg City Court

Art. 5 (1) - unlawful detention - arrest and detention

(i) between some point before 4 p.m. and 5.30 p.m. on 12/08/2017 for the sole purpose of drawing up a record of an administrative offence (proceedings under Art.20.2 § 5 of the CAO); and,

shortly after her formal release and transfer to a local hospital for a medical examination in connection with acute abdominal pain,

(ii) arrest in that hospital on the same date (12/08/2017), escorting to a police station, detention until 14/08/2017 as administrative suspect (proceedings under Art.19.3 § 1 of the CAO, a failure to abide by police officers’ lawful orders),

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of the administrative-offence proceedings.    

14324/18*

12/03/2018

Tatyana Sergeyevna IVANOVA

1980

Ernest Aleksandrovich Mezak

Saint-Barthélemy-d’Anjou

(i) Syktyvkar, 12/06/2017, Event with a poster "I would like to live, and not to survive, in my Republic" (the applicant submits that she was merely taking pictures of herself).

(ii) Syktyvkar, 12/12/2021, Protest against restrictions on picketing in Stefanovskaya Square of Syktyvkar

(iii) Syktyvkar, 24/02/2018 Collecting information about life conditions in a local residence for persons awaiting social housing (assessed by the courts as organisation of a grouped picket)

(i) article 20.2 § 5 of CAO, administrative fine of RUB 5,000

(ii) article 20.2 § 8 of CAO, community service of 40 hours

and

article 19.3 § 1 of the CAO, administrative fine of RUB 500

(iii) article 20.2 § 8 of CAO, community works of 50 hours

(i) 13/09/2017, Supreme Court of the Komi Republic

(ii) 23/05/2018, Supreme Court of the Komi Republic

and

23/05/2018, Supreme Court of the Komi Republic

(iii) 09/01/2019, Supreme Court of the Komi Republic

ban on public events at certain locations - in the vicinity of the Constitutional Court of the Komi Republic (Stefanovskaya square, Syktyvkar)- events of 12/06/2017 and 12/12/2017

Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention

(i) on 12/12/2017, for the sole purpose of drawing up a record of administrative offence; failure to draw up an escort record; and

(ii) on 31/01/2021, as administrative suspect, beyond the three-hour statutory period, after the offence record had been compiled,

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 administrative 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 open court police officers on whose written statements the conviction was based (proceedings under Article 20.2 § 8 of the CAO in respect of the event of 12/12/2017),

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - arrest, conviction in two sets of administrative proceedings in respect of participation on 31/01/2021 in Syktyvkar in a rally in support of A. Navalnyy:

(i) under Article 20.2 § 5 of CAO, fine of RUB 10,000, final judgment by the Supreme Court of the Komi Republic, 31/03/2021; and

(ii) under Article 19.3 § 1 of CAO, fine of RUB 700, final judgment by the Supreme Court of the Komi Republic, 26/05/2021,

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings –

(i) conviction under article 19.3 § 1 of the CAO, fine of RUB 500 (final: 23/05/2018) and under article 20.2 § 8 of the CAO, community work of 40 hours (final: 23/05/2018, separate judgment) in respect of a solo demonstration of 12/12/2017; and

(ii) conviction in two sets of administrative proceedings in respect of participation on 31/01/2021 in Syktyvkar in a rally in support of A. Navalnyy:

(i) under Article 20.2 § 5 of CAO, 20 hours of community service, final judgment by the Supreme Court of the Komi Republic, 31/03/2021; and

(ii) under Article 19.3 § 1 of CAO, fine of RUB 700, final judgment by the Supreme Court of the Komi Republic, 26/05/2021.   

23194/18*

24/04/2018

Yuriy Sergeyevich BOBROV

1982

Yelena Yuryevna Pershakova

Moscow

Perm, 22/09/2017, Protest against a refusal to hold a meeting with A. Navalnyy

article 20.2 § 1 of CAO, administrative fine of RUB 15,000

24/10/2017, Perm Regional Court

Art. 5 (1) - unlawful detention- arrest, escorting to a police station, detention:

(i) on 22/09/2017, for the sole purpose of drawing up the offence record, the applicant remained in detention after such record had been compiled;

(ii) between 08/10/2017 and 10/10/2017 as administrative suspect, pending trial, after the record of administrative offence had been compiled; and

(iii) between 31/01/2021 and 01/02/2021, as administrative suspect, pending trial, after the record of administrative offence had been compiled,

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 the administrative proceedings, final judgments of 24/10/2017, 14/11/2017 and 04/02/2021 by the Perm Regional Court,

Art. 10 (1) - conviction for making calls to participate in public events –

(i) arrest on 08/10/2017, conviction under article 20.2 § 2 of the CAO, fine of RUB 20,000 on account of publishing posts to Vkontakte platform calling on the public to participate in an unauthorised rally scheduled for, and held on 07/10/2017 in support of A. Navalnyy, final decision: Perm Regional Court, 14/11/2017, and

(ii) arrest on 31/01/2021, conviction under article 20.2 § 2 of the CAO, sentence of administrative detention of 5 days, on account of publishing posts to the Telegram channel of Perm FBK calling on the public to participate in a rally scheduled for 31/01/2021 in support of A. Navalnyy (calls discovered by the police on 30/01/2021), final decision: Perm Regional Court, 04/02/2021,

Art. 14 - prohibition of discrimination - in conjunction with Article 5 (4th set of proceedings) - under Article 3.9(2) of the CAO administrative arrest cannot be imposed on women with children under the age of fourteen, but can be imposed on men having children under the same age; the applicant had two minor children,

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 01/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.    

53698/18*

17/10/2018

Yevgeniy Aleksandrovich PROKOPENKO

1988

St Petersburg, 12/12/2013, Solo demonstration for the Constitutional rights

article 19.3 § 1 of CAO

and

article 20.2 § 5 of CAO

(no sanction applied as both sets of proceedings were discontinued)

The administrative proceedings in respect of both charges were discontinued by the domestic courts because of the deficiencies in police reports (two sets of decisions, latest: 14/01/2014 and 24/01/2014 by the Oktyabrskiy District Court of St Petersburg). The applicant’s subsequent claim for compensation, lodged in 13/04/2017, was rejected in the final instance by the Supreme Court of the Russian Federation on 06/08/2018

administrative-offence proceedings discontinued, claim for compensation rejected on 06/08/2018

Art. 5 (1) - unlawful deprivation detention –

(1) arrest, escorting to a police station, detention between 12/12/2013 and 13/12/2013 as administrative suspect. The applicant’s attempt to seek compensation for the unlawful detention in civil proceedings was unsuccessful (final decision: 06/08/2018, Supreme Court of the Russian Federation), and

(2) arrest, escorting to a police station and detention between 28/10/2018 and 30/10/2018 as administrative suspect, after the offence record had been compiled. The domestic courts in the compensation proceedings acknowledged that his detention had been unlawful and awarded him RUB 50,000 (~EUR 549 at the time) of compensation. Final decision: 10/11/2020, Supreme Court of the Russian Federation,

Art. 5 (5) - lack of, or inadequate, compensation for unlawful arrest or detention –

(i) the domestic courts dismissed the applicant’s claim for compensation in the first set of the compensation proceedings (final: Supreme Court of the Russian Federation, 06/08/2018); and

(ii) insufficient amount of compensation in the second set of the compensation proceedings (final: Supreme Court of the Russian Federation, 10/10/2020),

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - Gathering against abusive criminal prosecution, St Petersburg, 28/10/2018 - arrest, conviction under article 20.2.2 § 1 of CAO; the first instance court convicted the applicant and sentenced him to administrative fine of RUB 20,000; the appeal instance quashed the conviction and sent the case for a fresh examination; by the final judgment of 05/02/2019 (not appealed against) the Frunzenskiy District Court of St Petersburg discontinued the administrative offence proceedings, for the lack of evidence of an administrative offence. The applicant’s subsequent claim for compensation in the part concerning an alleged violation of his Article 11 rights was dismissed by the final judgment of the Supreme Court of the Russian Federation of 10/11/2020.   

26458/19

02/05/2019

Anton Ivanovich MIKHEYEV

1997

Yelena Anatolyevna Makarova

Yekaterinburg

Yekaterinburg, 09/09/2018, Protest against the pension reform

article 20.2 § 5 of CAO, administrative fine of RUB 10,000

10/01/2019, Sverdlovsk Regional Court

Art. 5 (1) - unlawful detention - arrest, escorting to the police station on 09/09/2018 for the sole purpose of compiling an offence report,

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 open court police officers on whose written statements the conviction was based   

31259/20*

29/06/2020

Sofya Alekseyevna LIPATKINA

2001

Mansur Idrisovich Gilmanov

Podolsk

31/12/2019, Moscow, Support of political prisoners

article 20.2 § 5 of CAO, administrative fine of RUB 15,000

18/02/2020, Moscow City Court

rotation - event classified as assembly post facto

Art. 5 (1) - unlawful detention - arrest and escorting to a police station, detention on 31/12/2019 for the sole purpose of drawing up an offence record, in excess of three hours; failure to draw up an arrest record,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 issue (see, mutatis mutandis, Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-50, 17 April 2018) - arrest, conviction for participation in a series of solo demonstrations held on 31/12/2019 by a group of no less than 13 participants (final judgment of 18/02/2020, Moscow City Court),

Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine police officers on whose written statements the conviction was based.   

2534/21*

12/12/2020

Amirkhan Albertovich SOFRONOV

2000

Aleksandr Dmitriyevich Peredruk

St Petersburg

Kazan, 30/06/2020, Protest against President Putin

article 20.2 § 2 of CAO, administrative detention of 10 days

07/07/2020, Supreme Court of the Republic of Tatarstan

Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention as administrative suspect, after the offence record had been compiled:

(i) between 30/06/2020 and 01/07/2020; and

(ii) between 24/02/2022 and 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 - first set of administrative proceedings (final judgment of 07/07/2020),

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 (first set of proceedings, final judgment of 07/07/2020),

Art. 6 (1) - and Art. 6 (3) (c) – the applicant’s absence from criminal proceedings - the applicant was absent from the appeal hearing of 07/07/2020 that took place while he was still in administrative detention, despite his request to attend;

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 01/07/2020, was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO,

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - Manifestation against the war in Ukraine, Kazan on 24/02/2022, conviction under Article 20.2 § 2 of CAO, fine of RUB 10,000, final judgment: Supreme Court of Tatarstan, 13/04/2022,

Art. 8 (1) - unlawful search –a search of the applicant’s residential flat on 06/03/2022, authorised on 05/03/2022 by the Department of Interior of OP No.2 Vishnevskiy of Kazan within a criminal case against unidentified persons concerning knowingly false notification of a terrorist act (the applicant was questioned as a witness). The domestic courts reviewed the investigator’s decision to conduct the search ex post facto and upheld it as lawful (1st inst.: 09/03/2022, the applicant was not present/informed); the applicant’s appeal was dismissed in the final instance on 15/04/2022 by the Supreme Court of the Republic of Tatarstan.

Specific defects: no relevant or sufficient reasons: the applicant was not a suspect; no evidence supporting the search authorisation; no reasons given why any relevant objects or documents might be found during the search. No adequate and sufficient safeguards against abuse: broad terms/wide content and scope of the search warrant - objects and documents not specific enough to restrict police’s discretion – not specified in the search order (see Misan v.  Russia, no. 4261/04, October 2014 and Kruglov and Others v. Russia, nos.11264/04and 15 others, 4 February 2020).   

23432/21*

13/04/2021

Sergey Petrovich ZAPOLNOV

2000

Nikolay Vladimirovich Vasilyev

Moscow

Moscow, 09/07/2020, Support of arrested activists

D. Ivanov and E. Yunusov

article 20.2 § 5 of CAO, administrative fine of RUB 15,000

14/10/2020, Moscow City Court

rotation - event classified as assembly post facto

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings  

61574/21*

08/12/2021

Oleg Iskanderovich MAMEDOV

2001

Ivan Yuryevich Zhdanov

Vilnius

(i) Ufa, 17/04/2021, Support of A. Navalnyy

(ii) Ufa, 24/02/2022, Protest against the war in Ukraine

(i) article 19.3 § 1 of CAO, administrative fine of RUB 2,000,

(ii) article 20.2 § 5 of CAO, administrative fine of RUB 10,000,

and

article 19.3 of the CAO, administrative detention of 4 days

(i) 05/07/2021, Supreme Court of the Republic of Bashkortostan,

(ii) 25/04/2022, Supreme Court of the Republic of Bashkortostan

and

04/04/2022, Supreme Court of the Republic of Bashkortostan

Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention

(i) between 17/04/2021 and 19/04/2021 as administrative suspect, after the offence record had been compiled, and

(ii) between 24/02/2022 and 25/02/2022, as administrative suspect, after the offence record had been compiled,

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 administrative proceedings,

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 25/02/2022 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO. 

1578/22

11/12/2021

Yelena Viktorovna MORGUNOVA

1992

Nikolay Sergeyevich Zboroshenko

Mytishchi

Moscow, 01/11/2020,

Support of civil activists

article 20.2 § 8 of CAO, administrative fine of RUB 150,000

07/07/2021, Moscow City Court

rotation - event classified as assembly post facto

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report on 01/11/2020,

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 

18580/22*

14/03/2022

Yevgeniya Andreyevna OSTAPENKO

1994

 Memorial Human Rights Centre

Moscow

Moscow, 21/04/2021, Support of political prisoners

article 20.2 § 5 of CAO, administrative fine of RUB 10,000

11/10/2021, Moscow City Court

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,

Art. 8 (2) - restrictions on the right to private life of participants in public assemblies - use of facial recognition technology for the identification of the applicant as a participant of a solo picketing and her subsequent conviction (raised on appeal),

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 issue (see, mutatis mutandis, Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-50, 17 April 2018) - conviction under article 20.2 § 5 of the CAO, fine of RUB 10,000 on account of the applicant’s participation in a rally on 21/04/2021 in Moscow, final judgment: 11/10/2021, Moscow City Court 

28717/22

20/05/2022

Aleksey Vladimirovich CHERNYSHEV

1965

Kristina Olegovna Tyurina

Nizhniy Novgorod

Nizhniy Novgorod 03/03/2022 Anti-war protest

article 20.1 § 1 of CAO, administrative detention of 7 days

13/04/2022,

Nizhniy Novgorod Regional Court

conviction for a minor breach of public order on account of interaction with a passer-by using obscene language

Art. 5 (1) - unlawful detention - arrest and escorting to the police station on 03/03/2022, detention there pending trial until 04/03/2023 after the offence record had been compiled,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings  

35623/22

05/07/2022

Mariya Aleksandrovna RYABIKOVA

1974

Irina Aleksandrovna Yatsenko

Moscow

Moscow 26/02/2022 Picket against the war in Ukraine

article 20.2 § 8 of CAO, administrative detention of 30 days

05/03/2022,

Moscow City Court

Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 26/02/2022 and 28/02/2022 as administrative suspect, pending trial, after the offence record had been compiled;

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) - unfair criminal proceedings - various shortcomings in the administrative offence proceedings (despite the applicant’s request for adjournment of the first-instance hearing, she and her lawyer were granted 20 minutes to study the case file; raised on appeal),

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. 

36268/22*

30/06/2022

Anastasiya Andreyevna NIKOLAYEVA

1997

Natalya Andreyevna Baranova

Moscow

Rostov-on-Don, 25/02/2022, Anti-war protest (the applicant was holding a blank sheet of paper)

article 19.3 § 1 of CAO,

administrative detention of 8 days

01/03/2022,

Rostov Regional Court

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) - unfair trial in administrative offence proceedings - inability to contest prosecution evidence, to put forward a defence - refusal to hear a defence witness and to admit a video footage of the applicant’s arrest,

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 25/02/2022 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO,

37026/22*

15/07/2022

Galiya Kasimovna SHAMSHETDINOVA

2000

Natalya Andreyevna Baranova

Moscow

Saransk, 01/03/2022, Anti-war protest

article 20.2 § 2 of CAO, administrative detention of 8 days

18/03/2022, Supreme Court of the Mordovia Republic

distance requirement - event classified as assembly post facto

Art. 5 (1) - unlawful detention – arrest, escorting to a police station, detention on 16/03/2022 after an offence report had been compiled, pending the trial hearing held on the same day,

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 open court police officers on whose written statements the applicant’s conviction was based,

Prot. 7 Art. 2 - Right of appeal against criminal conviction/sentence - the sentence of administrative detention imposed on the applicant on 16/03/2022 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO. 

37069/22

19/07/2022

Sergey Viktorovich KUZNETSOV

1989

Aleksey Mikhaylovich Kychin

Arkhangelsk

Arkhangelsk, 25/02/2022, Anti-war protest

article 20.6.1 § 1 of CAO, administrative fine of RUB 3,000

12/05/2022, Arkhangelsk Regional Court

COVID-related ban on public events

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. 

37484/22

19/07/2022

Andrey Andreyevich KICHEV

2002

Aleksey Mikhaylovich Kychin

Arkhangelsk

Arkhangelsk, 13/02/2022, Solo demonstration with a poster "Fighters against Corruption Are Not Terrorists"

article 20.6.1 § 2 of CAO, administrative fine of RUB 30,000

26/05/2022, Arkhangelsk Regional Court

COVID-related ban on public events

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. 

39456/22*

26/08/2021

Nikolay Yuryevich DYACHKOV

1991

Natalya Andreyevna Baranova

Moscow

Ivanovo, Moscow Region, 01/03/2022, Protest against the war in Ukraine

article 20.2 § 8 of CAO, administrative fine of RUB 75,000

13/05/2022, Ivanovo Regional Court

(relevant complaint lodged on 16/08/2022)

Art. 5 (1) - unlawful detention- arrest, escorting to a police station, detention:

(i) on 29/01/2021, for the sole purpose of drawing up a record of administrative offence (article 20.2 § 1 of the CAO, in respect of a tweet of 27/01/2021);

(ii) between 01/03/2022 and 02/03/2022 as administrative suspect, after the offence record had been compiled (article 20.2 § 8 of the CAO, in respect of the solo demonstration on 01/03/2022); and

(iii) on 11/03/2022, in excess of three hours, for the sole purpose of drawing up a record of an administrative offence (article 20.3.3. § 1 of the CAO),

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 judgments:

(i) 17/03/2021, Ivanovo Regional Court. (ii) 23/06/2021, Ivanovo Regional Court. (iii) 07/06/2022, Ivanovo Regional Court,

Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine police officers on whose written statements applicant’s conviction was based (1st set of proceedings, final judgment: 17/03/2021),

Art. 10 (1) - conviction for making calls to participate in public events –

(i) on 27/01/2021 the applicant published a call for participation in a demonstration in support of A. Navalnyy scheduled for 31/01/2021 to his Twitter account; he was arrested and escorted to a police station on 29/01/2021, convicted under article 20.2 § 1 CAO and fined with RUB 10,000 (final judgment: 17/03/2021, Ivanovo Regional Court);

and

(ii) on 20/04/2021 the applicant published a call for participation in a demonstration in support of A. Navalnyy scheduled for 21/04/2021 to his Facebook page; he was convicted under article 20.2 § 2 CAO and sentenced to 40 hours of community service (final judgment: 23/06/2021, Ivanovo Regional Court),

Art. 10 (1) - various restrictions on the right to freedom of expression - arrest and detention on 11/03/2022, conviction under article 20.3.3. § 1 CAO (discreditation of armed forces) and fine of RUB 35,000 for publishing on 05/03/2022 a tweet against the war in Ukraine (final judgment: 07/06/2022, Ivanovo Regional Court). 

39474/22

26/07/2022

Yuliya Sergeyevna LYASHOVA

1990

Mikhail Mikhaylovich Benyash

Krasnodar

Krasnodar, 27/02/2022, Anti-war protest

article 20.2 § 5 of CAO, administrative fine of RUB 12,000

20/04/2022,

Krasnodar Regional Court

39552/22

30/07/2022

Mariya Aleksandrovna SIDORENKO

1989

Leonid Leonidovich Krikun

St Petersburg

St Petersburg, 08/03/2022 Anti-war protest

article 20.2 § 2 of CAO, administrative detention of 5 days

31/03/2022, St Petersburg City Court

distance requirement - event classified as assembly post facto

Art. 5 (1) - unlawful detention - escorting to and detention at the police station between 08/03/2022 and 09/03/2022 as administrative suspect, after the offence record was compiled,

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 his conviction was based. 

39704/22

05/08/2022

Vitaliy Andreyevich TSITSUROV

1989

Varvara Dmitriyevna Mikhaylova

St Petersburg

Smolensk, 17/03/2022, Protest against the war in Ukraine

article 20.2 § 2 of CAO, community service, of 40 hours

27/04/2022, Smolensk Regional Court

distance requirement - event classified as assembly post facto

Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 17/03/2022 and 19/03/2022 as administrative suspect, after the offence record had been compiled,

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 open court police officers on whose written statements the conviction was based 

40296/22*

28/07/2022

Ruslan Raufovich KUNAKBAYEV

1981

Natalya Andreyevna Baranova

Moscow

Moscow, 13/11/2021, Protest against fraudulent elections

article 20.2 § 5 of CAO, administrative fine of RUB 15,000

29/03/2022, Moscow City Court

Art. 5 (1) - unlawful detention - escorting to and detention in the police station on 13/11/2021 for the sole purpose of drawing up a record of administrative offence,

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,

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 issue (see, mutatis mutandis, Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-50, 17 April 2018) - arrest, conviction under article 20.2 § 5 of CAO for participation in a public event in a group of 20 persons, fine of RUB 15,000, final judgment of 29/03/2022 by the Moscow City Court 

41014/22*

30/07/2022

Aleksandr Anatolyevich KATKOV

1983

Moscow, 16/10/2021, Support of political prisoners

article 20.2 § 5 of CAO,

administrative fine of RUB 10,000

31/03/2022, Moscow City Court

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record on 16/10/2021,

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 the police officers on whose written statements the applicant’s conviction was based 

41314/22*

08/08/2022

Darya Viktorovna KOSYREVA-SHLYAKHINA

1996

Natalya Andreyevna Baranova

Moscow

Ryazan, 24/02/2022, Anti-war protest

article 20.2 § 2 of CAO, administrative detention of 2 days

13/04/2022,

Ryazan Regional Court

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 25/02/2022 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO 

42752/22*

19/08/2022

Anton Yuryevich GORBAN

1984

Konstantin Aleksandrovich Markin

Velikiy Novgorod

Novgorod, 11/04/2022, Anti-war protest

article 19.3 § 1 of CAO, administrative detention of 7 days,

and

article 20.3.3 § 1 of CAO, administrative fine of RUB 45,000

20/04/2022, Novgorod Regional Court (art.19.3 § 1 of CAO)

and

27/06/2022, Novgorod Regional Court (art. 20.3.3 § 1 of CAO)

Art. 5 (1) - unlawful detention - escorting to and detention at the police station (i) for compiling an offence report (art. 20.3.3 § 1 of the CAO) from 6.40 p.m. until 8.45 p.m. on 11/04/2022, and (ii) for compiling a second offence report (Art. 19.3 § 1 of the CAO) from 11.15 a.m. on 14/04/2022 until the hearing in the first instance court on the same date,

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 еру proceedings),

Art. 6 (1) - lack of impartiality of tribunal - examination of the challenge for bias against the judge of the appeal instance (second set of proceedings, article 20.3.3 § 1 of CAO, reason: the judge’s previous findings in the case under article 19.3 § 1 concerning the same event) by the judge himself in breach of the principle nemo judex in causa sua (Kolesnikova v. Russia, no. 45202/14, §§ 49-59, 2 March 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 police officers on whose written statements the conviction was based (both sets of еру proceedings),

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - overlap of the facts constituting the basis for the applicant’s prosecution in the second set of proceedings (Art. 20.3.3 § 1 of the CAO) with substantially the same facts underlying his conviction in the first set of proceedings (Art. 19.3 § 1 of the CAO). 

43393/22*

03/08/2022

Oksana Yevgenyevna KOVENKOVA

1978

Natalya Andreyevna Baranova

Moscow

Rostov-on-Don, 24/02/2022, Anti-war protest

article 19.3 § 1 of CAO,

100 hours of community service

05/04/2022, Rostov Regional Court

Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 24/02/2022 as administrative suspect, after compiling an offence report,

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 open court the police officers on whose written statements her conviction was based. 

5084/23

13/01/2023

Marta Romanovna DAVYDOVA

1998

Moscow, 08/03/2022, Protest against the war in Ukraine

article 20.2 § 5 of CAO, administrative fine of RUB 20,000

15/09/2022,

Moscow City Court

Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 11/03/2022 for the sole purpose of drawing up an administrative offence record,

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 police officers on whose written statements the conviction was based,

Art. 8 (2) - restrictions on the right to private life of participants in public assemblies - use of facial recognition technology for the identification of the applicant as a participant of a public event and her subsequent conviction (raised on appeal)

 

Full & Egal Universal Law Academy