Published on 30 October 2023
SECOND SECTION
Application no. 48029/21
Yekaterina Valeryevna YERMOLAYEVA against Russia
and 18 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 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
48029/21*
09/09/2021
Yekaterina Valeryevna YERMOLAYEVA
2002
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Stavropol
29/01/2021
article 20.2 § 2 of CAO
fine of RUB 20,000
Stavropol Regional Court
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,
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.
56658/21
20/10/2021
Nikolay Aleksandrovich MATVEYEV
1996
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Tambov
21/04/2021
article 20.2 § 6.1 of CAO
and
article 20.2 § 6.1 of CAO
detention for 10 days
and
administrative warning
Tambov Regional Court
22/04/2021
and
Tambov Regional Court
30/08/2021
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 proceedings,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - In respect of the first set of the proceedings the applicant complains of 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 in the first set of the proceedings was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO,
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 the proceedings with substantially the same facts underlying his conviction in the first set of the proceedings.
56852/21
10/11/2021
Aleksey Leonidovich DAVYDOV
1972
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Ekaterinburg
21/04/2021
article 20.2 § 5 of CAO
20 hours of community work
Sverdlovsk Regional Court
04/08/2021
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.
56853/21*
15/11/2021
Pavel Sergeyevich SADOVSKIY
1974
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
19/05/2021
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,
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 10.40 a.m. until 7.30 p.m. on 02/02/2021
56856/21
15/11/2021
Maksim Dmitriyevich PANTELEYEV
1998
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
detention for 10 days
Moscow City Court
19/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 10.30 p.m. on 02/02/2021 until 11 a.m. on 03/02/2021,
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.
56864/21*
10/11/2021
Tatyana Aleksandrovna SHINKARENKO
1993
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Krasnoyarsk
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Krasnoyarsk Regional Court
13/05/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 1.20 p.m. until 8.30 p.m. on 31/01/2021,
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.
56879/21
10/11/2021
Andrey Vladimirovich PONOMAREV
1963
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Omsk
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Omsk Regional Court
18/05/2021
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,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings ,
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 3 p.m. until 7.40 p.m. on 23/01/2021
56900/21
10/11/2021
Nikolay Pavlovich RYABOV
Memorial Human Rights Centre
Moscow
Rally "Free Navalny"
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
13/05/2021
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,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
57026/21
10/11/2021
Andrey Vladimirovich KONONOV
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
St Petersburg
31/01/2021
article 20.2 § 2 of CAO
detention for 3 days
St Petersburg City Court
20/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 1 p.m. on 31/10/2021 until 12 p.m. on 01/02/2021,
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,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
57040/21
10/11/2021
Aleksey Igorevich KOPTELOV
1999
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
13/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 11.30 a.m. until 6.30 p.m. on 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.
57043/21*
10/11/2021
Sergey Vadimovich ANISIMOV
1994
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Voronezh
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Voronezh Regional Court
28/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 5.55 p.m. until 10 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.
24854/22*
06/08/2021
Dmitriy Yuryevich PAVLOV
1998
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
St Petersburg
02/02/2021
article 20.2 § 2 of CAO
detention for 3 days
St Petersburg City Court
25/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 00.30 a.m. until 5.55 p.m. on 03/02/2021,
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.
24857/22*
06/08/2021
Maryam Mansurovna SALARZAY
1997
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
detention for 5 days
Moscow City Court
06/04/2021
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.
24899/22*
06/08/2021
Kseniya Yuryevna SERGEYEVA
1994
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
detention for 5 days
Moscow City Court
04/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 11 p.m. on 02/02/2021 until 5 p.m. on 03/02/2021,
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,
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.
24916/22*
06/08/2021
Aleksey Alekseyevich STERLIKOV
1991
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
detention for 7 days
Moscow City Court
09/02/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 11.45 p.m. on 02/02/2021 until 10 a.m. on 03/02/2021,
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,
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 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
24999/22*
06/08/2021
Vladislav Maksimovich CHISTOBAYEV
1997
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Nizhniy Novgorod
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
27/05/2021
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,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 5.30 p.m. to 9.10 p.m. on 23/01/2021
25015/22*
06/08/2021
Yekaterina Sergeyevna CHISTOBAYEVA
1998
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Nizhniy Novgorod
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
16/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 5.59 p.m. until 9.10 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 - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.
25023/22*
06/08/2021
Nikita Yevgenyevich SHCHERBINA
1998
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
detention for 13 days
Moscow City Court
08/02/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 11 p.m. on 02/02/2021 until 6 p.m. on 03/02/2021,
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,
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.
25179/22*
15/02/2022
Aleksandr Nikolayevich DEMIDENKO
1962
Memorial Human Rights Centre
Moscow
In support of political prisoners
Belgorod
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Belgorod Regional Court
13/09/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 21/04/2021 for 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.
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