Published on 5 February 2024
FOURTH SECTION
Application no. 719/19
Aleksandr Maksimovich YERSHOV against Russia
and 7 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 11 January 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
719/19*
06/12/2018
Aleksandr Maksimovich YERSHOV
1997
Aleksey Borisovich Vologin
Volsk
fine of
RUB 30,000, suspension of driving licence for
1 year and 7 months
29/11/2018
Pugachevskiy District Court of the Saratov Region
60673/19*
01/11/2019
Aleksandr Vasilyevich ABLAKATOV
1992
Detention
for 8 days,
detention
for 8 days
22/09/2019
Cherepovets Town Court of Vologda Region,
22/09/2019
Cherepovets Town Court of Vologda 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,
Art. 6 (3) (c) - own choice of legal assistance - The applicant claims that his representative was not duly informed of the hearings of the appellate courts and thus could not represent his interests at the hearing. The applicant was absent from the proceedings as he was serving an administrative detention. No other representative was appointed for the applicant, despite his requests.
61311/19*
15/11/2019
Sergey Aleksandrovich ROZHKOV
1979
Dmitriy Aleksandrovich Klepikov
Chelyabinsk
fine of
RUB 500,000
21/08/2019
Chelyabinsk Regional Court
6918/21*
10/01/2021
Rada Ravilyevna KARAMOVA
1970
Aleksandr Vasilyevich Popkov
Sochi
detention
for 3 days,
fine of
RUB 700
16/07/2020
Krasnodar Regional Court
15/07/2020
Krasnodar Regional Court
Art. 5 (1) - unlawful detention – (1) escorting to the police station on 21/04/2020 for compiling an offence report, detention between 21 and 23/04/2020,
(2) escorting to the police station on 11/05/2020 for compiling an offence report and detention between 11and 12/05/2020;
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the administrative detention ordered by the court decision of 12/05/2020 was enforced immediately after the decision of the first-instance court.
7286/21*
29/12/2020
Rafael Nurgaliyevich MUSTAKIMOV
1971
Vyacheslav Ilyich GIMADI
1985
Ivan Dmitriyevich KONOVALOV
1995
Anastasiya Sergeyevna VASILYEVA
1984
Aleksandr Yevgenyevich Pomazuyev
Vilnius
fine of
RUB 5,000 in respect of each applicant
10/07/2020
(in respect of Mustakimov, Gimadi and Konovalov) and 05/08/2020 (in respect of applicant Vasilyeva), Novgorod Regional Court
30338/21*
11/05/2021
Yelena Gennadyevna GRECHISHNIKOVA
1994
Nikolay Sergeyevich Zboroshenko
Mytishchi
detention
for 5 days
09/02/2021
Moscow City Court
Art. 5 (1) - unlawful detention - escorting to the police station on 2/02/2021 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 the applicant’s conviction was based.
54817/21*
29/10/2021
Darya Dmitriyevna LEVKINA
1998
Ivan Yuryevich Zhdanov
Vilnius
detention
for 7 days
06/05/2021
Kurgan Regional Court
46461/22*
15/09/2022
Yuliya Anatolyevna LAZAREVA
1995
Vyacheslav Vasilyevich Savin
Stavropol
detention
for 6 days
22/06/2022
Stavropol Regional Court
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.45 p.m. on 07/05/2022 until the morning of 08/05/2022,
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.,
Art. 6 (1) - and Art. 6 (3) (c) - unfair criminal proceedings due to lack of legal representation - no access to a lawyer during the proceedings before the first-instance court.