Published on 15 April 2024
THIRD SECTION
Application no. 27023/18
Sergey Valeryevich YELMAKOV against Russia
and 7 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 21 March 2024, 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
27023/18*
30/05/2018
Sergey Valeryevich YELMAKOV
1967
Irina Aleksandrovna Yatsenko
Moscow
fine of
RUB 10,000
30/11/2017 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 in the trial the police officers on whose written statements the applicant’s conviction was based,
Art. 10 (1) - various restrictions on the right to freedom of expression - conviction under Art. 20.2 § 5 CAO for hiding his face with a mask at an authorised rally in support of free Internet on 26/08/2017 (see Ibragimova v. Russia, no. 68537/13,
§§ 36-37, 30 August 2022).
55810/19*
12/10/2019
Igor Anatolyevich SAYMAKOV
1982
Aleksey Borisovich Vologin
Volsk
fine of
RUB 30,000, suspension of the driving licence for one year and six months
07/10/2019 Volskiy District Court of the Saratov Region
27134/20*
13/06/2020
Fizuli Konstantinovich RZAYEV
1970
Tural Akhmed ogly Ibragimov
Moscow
detention for 15 days
28/10/2019 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 in open court police officer on whose written statements the applicant’s conviction was based.
16398/21*
06/03/2021
Olga Vitalyevna KUZMINA
1978
Memorial Human Rights Centre
Moscow
detention for
5 days,
detention for
6 days
08/09/2020 Moscow City Court
12/08/2021 Moscow City Court
Art. 5 (1) - unlawful detention - escorting to the police station on 09/08/2021 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 in the proceedings - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based (in the proceedings which ended on 12/08/2021),
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal – the sentence of administrative detention imposed on the applicant in the proceedings which ended on 12/08/2021, was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
38901/21*
15/07/2021
Parviz Abduazizovich ABDUZHALILOV
2000
Rushan Rafisovich Kabirov
Kazan
detention for 12 days
03/04/2021 Supreme Court of the Republic of Tatarstan
Art. 6 (1) - and Art. 6 (3) (c) - applicant’s absence from criminal proceedings - The applicant was absent at the appeal hearing of the Supreme Court of the Republic of Tatarstan on 03/04/2021. The appeal court dismissed the motion to bring the applicant to the hearing since defendant’s presence in administrative cases is not obligatory. The hearing was conducted in his absence, his counsel was removed from the courtroom, whereas prosecutor was present.
Art. 5 (1) - unlawful detention - escorting to the police station on 27/03/2021 for compiling an offence report; detention beyond the three-hour statutory period,
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 CAO.
43714/21*
12/08/2021
Marina Borisovna PRALKOVA
1996
Pavel Valeryevich Romanov
Cheboksary
fine of RUB 10,000
24/06/2021 Supreme Court of the Republic of Chuvashia
48658/21*
24/09/2021
Mariya Gennadyevna PETUKHOVA
1984
Ivan Yuryevich Zhdanov
Vilnius
detention for
5 days,
fine of RUB 150,000
30/03/2021 Kaliningrad Regional Court
08/06/2021 Kaliningrad Regional Court
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of administrative-offence proceedings,
Art. 5 (1) - unlawful detention - escorting to the police station on 30/04/2021 for compiling an offence report; detention beyond the three-hour statutory period,
Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 21/04/2021 in Kaliningrad, Article 20.2 § 8 of CAO, fine of RUB 150,000, final decision 08/06/2021, Kaliningrad Regional Court.
57812/21*
18/11/2021
Leonid Mikhaylovich RAZVOZZHAYEV
1973
Memorial Human Rights Centre
Moscow
fine of
RUB 20,000
03/08/2021 Moscow City Court
Art. 5 (1) - unlawful detention - escorting to the police station on 14/03/2020 for compiling an offence report, detention beyond the three-hour statutory period,
Art. 10 (1) - disproportionate measures against solo demonstrators - the applicant was arrested on 14/03/2020.