Published on 27 November 2023
SECOND SECTION
Application no. 32180/21
Eldar Erikovich YELYSHEV against Russia
and 20 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 2 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 charges
Penalty
Final domestic decision
Court Name
Date
Other complaints under well-established case-law
32180/21
11/06/2021
Eldar Erikovich YELYSHEV
1997
Memorial Human Rights Centre
Moscow
Rally in support of Mr A. Navalnyy
Ufa
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 14,000
Supreme Court of the Bashkortostan Republic
24/03/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 1.25 p.m. to 5.50 p.m. on 31/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Supreme Court of the Bashkortostan Republic, 24/03/2021,
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
38692/21*
15/07/2021
Pavel Robertovich PUSHNOV
1968
Memorial Human Rights Centre
Moscow
Rally in support of Mr A. Navalnyy
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 15,000
Moscow City Court
17/05/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 1.05 p.m. on 31/01/2021 to 1.00 a.m. on 01/02/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 17/05/2021,
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 the trial the police officers on whose written statements the applicant’s conviction was based and to submit evidence on the equal footing with the prosecution
38915/21*
12/07/2021
Sergey Ivanovich GAMBARYAN
2000
Darya Dmitriyevna Aksenova
Kolomna
Rally in support of Mr A. Navalnyy
Moscow
31/01/2021
article 20.2 § 8 of CAO
administrative detention of 15 days
Moscow City Court
09/02/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 5.30 p.m. on 31/01/2021 to 02/02/2021, hearing in the applicant’s administrative-offence case,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 09/02/2021,
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
39335/21
22/07/2021
Valeriy Vitalyevich PEREPELKIN
1985
Memorial Human Rights Centre
Moscow
Rally in support of Mr A. Navalnyy
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
12/04/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 1.30 to 11.30 p.m. on 31/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 12/04/2021,
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
39868/21*
29/07/2021
Revaz Davidovich GABELAYA
1993
Yelena Yuryevna Pershakova
Moscow
Rally in support of Mr A. Navalnyy
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
administrative detention of 15 days
Moscow City Court
04/02/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 12.45 a.m. on 31/01/2021 to 1.11 a.m. on 01/02/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 04/02/2021,
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,
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 code of the administrative offences (CAO)
41309/21*
30/07/2021
Adel Radikovna GORSHENINA
2000
Aleksandra Nikolayevna Bayeva
Moscow
Rally in support of Mr A. Navalnyy
Ufa
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Bashkortostan Republic
29/03/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 12.25 p.m. to 4.00 p.m. on 31/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Supreme Court of the Bashkortostan Republic, 29/03/2021
46000/21*
01/09/2021
Kirill Vladimirovich PAVLOV
1971
Konstantin Aleksandrovich Markin
Velikiy Novgorod
Rally in support of Mr A. Navalnyy
Velikiy Novgorod
23/01/2021
article 20.2 § 5 of CAO
community work of 20 hours
Novgorod Regional Court
04/03/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Novgorod Regional Court, 04/03/2021,
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
47233/21
16/09/2021
Nikita Olegovich SHIPUGIN
2000
Memorial Human Rights Centre
Moscow
Rally in support of Mr A. Navalnyy
Barnaul
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Altay Regional Court
19/03/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 2.05 p.m. to 7.45 p.m. on 31/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Altay Regional Court, 19/03/2021
47241/21
10/09/2021
Kirill Andreyevich SLOTIN
1998
Ernest Aleksandrovich Mezak
Saint-Barthélemy-d’Anjou
Rally in support of Mr A. Navalnyy
Syktyvkar
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Komi Republic
10/03/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Supreme Court of the Komi Republic, 10/03/2021
47243/21*
10/09/2021
Aleksey Vladimirovich MALOV
1978
Tatyana Georgiyevna Martynova
Pskov
Rally in support of Mr A. Navalnyy
Pskov
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Pskov Regional Court
22/03/2021
Art. 5 (1) unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence, on 23/01/2021, while the record was drawn up only on 26/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Pskov Regional Court, 22/03/2021
47245/21*
10/09/2021
Nikolay Aleksandrovich KUZMIN
1980
Tatyana Georgiyevna Martynova
Pskov
Rally in support of Mr A. Navalnyy
Pskov
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Pskov Regional Court
22/03/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, on 23/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Pskov Regional Court, 22/03/2021,
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 officer on whose written statements the applicant’s conviction was based,
Art. 10 (1) - conviction for making calls to participate in public events - on 15/03/2015 the applicant published a post on his VK social network wall containing a video of Maria Ovsyannikova’s public anti-war protest on TV and commented "Very brave woman". On 17/04/2022 the applicant was arrested and escorted to the police station where he was charged with an administrative offence. He was convicted as charged and sentenced to an administrative fine of RUB 30,000 (public actions aimed at discrediting the use of the Russian Armed Forces under Art. 20.3.3 § 1 of the CAO) (final decision: 20/06/2022, Pskov Regional Court)
48039/21*
09/09/2021
Igor Olegovich GOLOVIN
1999
Anna Yevgenyevna Bochilo
Barnaul
Rally in support of Mr A. Navalnyy
Kursk
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Kursk Regional Court
02/04/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Kursk Regional Court, 02/04/2021,
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
50102/21*
21/09/2021
Yekaterina Anatolyevna NAGORNAYA
2002
Darya Dmitriyevna Aksenova
Kolomna
Rally in support of Mr A. Navalnyy
Moscow
31/01/2021
article 20.2 § 5 of CAO
Fine of RUB 15,000
Moscow City Court
22/03/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, on 31/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 22/03/2021,
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
54914/21*
14/10/2021
Solomon Semenovich SHLOSMAN
1991
Darya Dmitriyevna Aksenova
Kolomna
Rally in support of Mr A. Navalnyy
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
20/04/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, on 31/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 20/04/2021,
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 two police officers on whose written statements his conviction was based
54926/21*
14/10/2021
Dmitriy Aleksandrovich YURYEV
1995
Darya Dmitriyevna Aksenova
Kolomna
Rally in support of Mr A. Navalnyy
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Moscow City Court
21/07/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, detention in excess of 3 hours and without “exceptional circumstances”, from 12.15 p.m. to 9.30 p.m. on 31/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 21/07/2021,
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 two police officers on whose written statements his conviction was based
57075/21*
26/10/2021
Elza Rafilevna MAYER (MIRGALIYEVA)
1995
Natalya Andreyevna Baranova
Moscow
Rally in support of Mr A. Navalnyy
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
26/04/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 4.00 p.m. to 11.00 p.m. on 23/01/2021, the applicant spent 2 hours in the police van,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 26/04/2021,
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
57677/21
26/10/2021
Aleksey Sergeyevich TABACHINSKIY
1993
Aleksey Vladimirovich Glukhov
Novocheboksarsk
Rally in support of Mr A. Navalnyy
Samara
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Samara Regional Court
29/04/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.50 p.m. to 9.55 p.m. on 23/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Samara Regional Court, 29/04/2021
58021/21
27/10/2021
Yelena Pavlovna SAMOKHVALOVA
1977
Anna Yevgenyevna Bochilo
Barnaul
Rally in support of Mr A. Navalnyy
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
11/05/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.30 p.m. to 7.30 p.m. on 23/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 11/05/2021,
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 the trial the police officer on whose written statements the applicant’s conviction was based
58023/21
27/10/2021
Natalya Yevgenyevna KOSHURNIKOVA
1969
Anna Yevgenyevna Bochilo
Barnaul
Rally in support of Mr A. Navalnyy
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
community works of 55 hours
Moscow City Court
21/06/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 2.15 p.m. on 31/01/2022 to 5.10 a.m. on 01/02/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 21/06/2021,
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
58677/21
12/11/2021
Nataliya Dmitriyevna RUSAKOVICH
1998
Aleksey Vladimirovich Glukhov
Novocheboksarsk
Rally in support of Mr A. Navalnyy
Samara
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Samara Regional Court
13/05/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 2.30 to 8.00 p.m. on 23/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Samara Regional Court, 13/05/2021
59239/21*
12/11/2021
Ilya Romanovich LITVINTSEV
1995
Darya Dmitriyevna Aksenova
Kolomna
Rally in support of Mr A. Navalnyy
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
administrative detention of 10 days
Moscow City Court
13/05/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 2.10 p.m. on 31/01/2021 to 1.15 p.m. on 01/02/2021, hearing in the applicant’s administrative-offence case,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 13/05/2021,
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 the trial two police officers on whose written statements his conviction was based
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