Published on 5 February 2024
FIFTH SECTION
Application no. 53194/16
Yelena Georgiyevna ZAKHAROVA against Russia
and 36 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 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 offence
Penalty
Final domestic decision
Court Name
Date
Other complaints under well-established case-law
53194/16*
03/09/2016
Yelena Georgiyevna ZAKHAROVA
1949
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally to support Nadezhda Savchenko
Moscow
08/03/2016
article 20.2 § 5 of CAO,
article 19.3 § 1 of CAO
fine of RUB 20,000,
fine of RUB 1,000
Moscow City Court 06/07/2016
(both sets of proceedings)
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 08/03/2016,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of 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 conviction was based – both sets of the 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. 19.3 § 1 of CAO) with substantially the same facts underlying her conviction in the first set of proceedings (Art. 20.2 § 5 of CAO).
73386/17*
05/10/2017
Andrey Andreyevich FEDOROV
1988
Aleksey Vladimirovich Glukhov
Novocheboksarsk
Opposition rally
Cheboksary
05/05/2018
article 20.2 § 5 of CAO
20 hours of community work
Supreme Court of the Chuvashia Republic
07/06/2018
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in relation to the proceedings in which the final decisions were taken on 13/04/2017 and 07/06/2018,
Art. 10 (1) - various restrictions on the right to freedom of expression - the applicant together with three other persons was convicted under Article 20.2 § 2 of the CAO for having publicly displayed a banner "You will not kill everyone, you will not imprison everyone" accompanied by lighting flares at the bridge in Cheboksary on 25/02/2017, fined RUB 10,000; final decision 13/04/2017 Supreme Court of the Chuvashia Republic,
Art. 10 (1) - disproportionate measures against solo demonstrators - solo demonstration on 20/08/2020 in Cheboksary, conviction under article 20.2 § 1 of CAO (staging a solo demonstration in breach of the regional ban on holding public events in view of COVID-19 restrictions), fine of RUB 10,000, final decision 15/10/2020 Supreme Court of the Chuvashia Republic.
14966/18
12/03/2018
Yekaterina Andreyevna OGNEVA
1995
Konstantin Ilyich Terekhov
Moscow
Protest against corruption
Petropavlovsk-Kamchatskiy
12/06/2017
article 20.2 § 2 of CAO
fine of RUB 11,000
Kamchatka Regional Court
27/09/2017
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
44809/18*
07/09/2018
Artem Igorevich GONCHARENKO
1995
Maksim Vladimirovich Olenichev
St Petersburg
Voters’ strike
St Petersburg
28/01/2018
article 20.2 § 8 of CAO
detention for 25 days
St Petersburg City Court
07/03/2018
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 2.20 p.m. on 25/02/2018 until 26/02/2018, when the applicant was taken to the 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 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.
54185/18
06/11/2018
Sergey Vladimirovich NOVIKOV
1984
Konstantin Mikhaylovich Zinovyev
Nizhniy Novgorod
Political rally
Nizhniy Novgorod
25/02/2018
Article 20.2 § 8 of CAO
detention for 20 days
Nizhniy Novgorod Regional Court
10/05/2018
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 conviction was based.
11976/19*
07/02/2019
Viktor Arkadyevich BALDIN
1961
Rally against retirement age hike
Yekaterinburg
09/09/2018
Rally "Free Navalnyy"
Yekaterinburg
31/01/2021
article 20.2 § 8 of CAO
article 20.2 § 5 of CAO
detention for 25 days
30 hours of community work
Sverdlovsk Regional Court
14/09/2018
Yekaterinburg Regional Court
30/06/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 05/04/2021 and 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 both sets of 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 conviction was based in the administrative-offence proceedings under Article 20.2 § 5 of CAO.
28837/19
20/05/2019
Gleb Vladimirovich KALINYCHEV
1983
Rally “Free Navalnyy”
Nizhniy Novgorod
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
11/08/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.20 p.m. until 6.10 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 both sets of 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 in both sets of administrative-offence proceedings,
Art. 10 (1) - disproportionate measures against solo demonstrators - solo demonstration in support of Ukrainian political prisoners on 03/06/2018 in Nizhniy Novgorod, conviction under article 20.2 § 5 of CAO, 30 hours of community work, final decision 22/11/2018 Nizhniy Novgorod Regional Court.
65162/19*
29/11/2019
Nikolay Andreyevich KRETOV
1990
Irina Vadimovna Sergeyeva
Moscow
Political rally
Moscow
19/01/2019
article 19.3 § 1 of CAO
fine of RUB 10,000
Moscow City Court
24/07/2019
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 4 p.m. on 19/01/2019 until 11.40 a.m. on 21/01/2019,
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 conviction was based.
7805/20*
01/02/2020
Yelena Leonidovna RUSAKOVA
1962
Aleksey Vladimirovich Rybin
Moscow
Rally to support I. Azar
Moscow
29/05/2020
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
04/09/2020
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 29/05/2020,
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 the police officers on whose written statements the conviction was based,
Art. 11 (1) - restrictions on location, time or manner of conduct of public events - Moscow City Administration’s refusals to approve the locations and dates of several public events:
(1) rally for fair elections on 31/08/2019 in the centre of Moscow, final decision was taken by the Second Cassation Court of General Jurisdiction on 04/12/2019;
(2) rally to call for respect of citizen’s rights on 24/11/2019 in Sakharova prospect in Moscow, final decision was taken on 07/12/2020 by the Supreme Court of the Russian Federation;
(3) rally to call for respect of citizen’s rights on 01/12/2019 in Bolotnaya Square, final decision was taken on 30/09/2020 by the Supreme Court of the Russian Federation;
(4) protest against housing renovation program on 15/12/2019 near the Moscow City Administration, final decision was taken on 24/11/2020 by the Supreme Court of the Russian Federation;
(5) rally for the preservation of the environment on 15/03/2020 in Komsomolskiy Prospekt in Moscow, final decision was taken on 15/03/2021 by the Supreme Court of the Russian Federation.
11552/20*
18/02/2020
Valeriya Ibragimovna DZBOYEVA
1998
Aleksandr Yevgenyevich Pomazuyev
Vilnius
Rally in support of independent candidates running for election to Mosgorduma
Rostov-on-Don
10/08/2019
article 20.1 § 2 of CAO
detention for 2 days
Rostov Regional Court
19/09/2019
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 10/08/2019,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
34359/21
03/06/2021
Sergey Nikolayevich KOVYAZIN
1972
Aleksey Vladimirovich Glukhov
Novocheboksarsk
Rally "Free Navalnyy"
Cheboksary
23/01/2021
Rally "Free Navalnyy"
Cheboksary
21/04/2021
article 20.2 § 5 of CAO
article 20.2 § 8 of CAO
fine of RUB 10,000
40 hours of community work
Supreme Court of the Chuvashia Republic
20/04/2021
Supreme Court of the Chuvashia Republic
26/08/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record on 23/01/2021 and on 21/04/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of 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, in both sets of administrative-offence proceedings.
35749/21*
22/06/2021
Magomed Sultanovich ALAMOV
1977
Aleksandr Vasilyevich Savin
Stavropol
Rally "Free Navalnyy"
Pyatigorsk
31/01/2021
article 20.2.2 § 1 of CAO
detention for 10 days
Stavropol Regional Court
11/02/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 1.30 p.m. on 31/01/2021 until 01/02/2021, when the applicant was taken to the 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,
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.
38644/21
15/07/2021
Vyacheslav Mikhaylovich RUDENKO
1972
Memorial Human Rights Centre
Moscow
Rally to support A. Navalnyy
Moscow
25/07/2020
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
18/01/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.30 p.m. until 6.40 p.m. on 25/07/2020,
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) - unfair trial in administrative offence proceedings - various deficiencies of the administrative-offence proceedings: inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based and defence witnesses, inability to adduce exonerating evidence (photos and video recordings).
41090/21*
30/07/2021
Viktor Nikolayevich IOVENKO
1990
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
detention for 12 days
Moscow City Court
05/02/2021
Art. 3 - inadequate conditions of detention during transport - poor conditions of transfer in a police van on 02/02/2021 for 8 hours: 7 persons for 4 cells, less than 0.5 sq. m per person, the applicant had to sleep on the van floor,
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 3 p.m. on 31/01/2021 until 8.40 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,
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.
42517/21*
05/08/2021
Maksim Aleksandrovich ZAKHAROV
1986
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
detention for 10 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 5.15 p.m. on 31/01/2021 until 12.45 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,
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.
42571/21*
12/08/2021
Mikhail Vyacheslavovich DOLIYEV
1976
Ivan Yuryevich Zhdanov
Vilnius
Rally "Free Navalnyy"
Astrakhan
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Astrakhan Regional Court
26/02/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report 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.
42994/21*
12/08/2021
Gleb Yevgenyevich MARYASOV
2000
Dmitriy Igorevich Zakhvatov
Moscow
Rally "free Navalnyy"
Moscow
23/01/2021
article 19.3 § 1 of CAO
article 20.2 § 8 of CAO
detention for 15 days
detention for 30 days
Moscow City Court
12/02/2021
(both sets of proceedings)
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 7.30 p.m. on 23/01/2021 until 25/01/2021, when the applicant was taken to 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.
44234/21
23/08/2021
Gerasim Dmitriyevich ARTEMYEV
1987
Tatyana Olegovna Galeyeva
Krasnoyarsk
Rally "Free Navalnyy"
Krasnoyarsk
31/01/2021
article 20.2 § 8 of CAO
fine of RUB 150,000
Krasnoyarsk Regional Court
25/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 02/02/2021.
45300/21*
03/09/2016
Olga Mikhaylovna MAZUROVA
1960
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally to support Nadezhda Savchenko
Moscow
08/03/2016
article 20.2 § 5 of CAO,
article 19.3 § 1 of CAO
fine of RUB 15,000,
fine of RUB 1,000
Moscow City Court 08/07/2016
(both sets of proceedings)
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 08/03/2016,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of 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 in both sets of administrative-offence 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. 19.3 § 1 of CAO) with substantially the same facts underlying her conviction in the first set of proceedings (Art. 20.2 § 5 of CAO).
45302/21*
03/09/2016
Gersh Vadimovich CHERVINSKIY
1991
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally to support Nadezhda Savchenko
Moscow
08/03/2016
article 20.2 § 5 of CAO,
article 19.3 § 1 of CAO
fine of RUB 10,000,
fine of RUB 500
Moscow City Court
08/07/2016
(both sets of proceedings)
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 08/03/2016,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of 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. 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. 19.3 § 1 of CAO) with substantially the same facts underlying his conviction in the first set of proceedings (Art. 20.2 § 5 of CAO).
45493/21*
12/08/2021
Irina Aleksandrovna PETROVA
1997
Regina Ilgizovna Shagiyeva
Leninigorsk
Rally "Free Navalnyy"
Naberezhnye Chelny
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
24/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 and 31/01/2021 for compiling an offence report,
Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 23/01/2021 in Naberezhnye Chelny, Article 20.2 § 2 of CAO, fine of RUB 25,000, final decision Supreme Court of the Tatarstan Republic 24/03/2021.
49360/21*
28/09/2021
Mikhail Aleksandrovich TOLSTOY
1999
Konstantin Aleksandrovich Markin
Velikiy Novgorod
Rally "Free Navalnyy"
Moscow
02/02/2021
Anti-war rally
Moscow
24/02/2022
article 20.2 § 6.1 of CAO
article 20.2 § 5 of CAO
detention for 7 days
fine of RUB 10,000
Moscow City Court
30/03/2021
Moscow City Court
19/12/2022
Art. 5 (1) - unlawful detention –
1) escorting to and detention at the police station after compiling an offence report from 11.30 p.m. on 02/02/2021 until 5.20 p.m. on 03/02/2021;
2) escorting to the police station for compiling an offence report on 24/02/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 6.1 of CAO,
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, in the proceedings under Article 20.2 § 6.1 of CAO,
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.
51751/21*
15/10/2021
Andrey Dmitriyevich GERASYUK
1987
Ivan Yuryevich Zhdanov
Vilnius
Rally "Free Navalnyy"
Stavropol
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Stavropol Regional Court
21/04/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
52305/21*
07/10/2021
Polina Sergeyevna KORZHANOVSKAYA
2002
Dmitriy Sergeyevich Dimitriyev
Orenburg
Rally “Free Navalnyy”
Orenburg
31/01/2021
article 19.3 § 1 of CAO,
article 20.2 § 5 of CAO
fine of RUB 1,000,
fine of RUB 10,000
Orenburg Regional Court 12/04/2021
Orenburg Regional Court
07/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 12.55 p.m. on 31/01/2021 until 01/02/2021, when the applicant was taken to court,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 19.3 § 1 of CAO,
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 in the administrative-offence proceedings under Article 20.2 § 5 of CAO.
55414/21*
26/10/2021
Aleksandr Sergeyevich NIKOLAICHEV
1996
Darya Dmitriyevna Aksenova
Kolomna
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
detention for 8 days
Moscow City Court
11/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.40 p.m. on 31/01/2021 until 9 a.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,
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.
55981/21*
05/11/2021
Irina Mikhaylovna ROVENSKAYA
1983
Ivan Yuryevich Zhdanov
Vilnius
Rally “Free Navalnyy”
Kursk
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 5,000
Kursk Regional Court
14/05/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
58288/21*
27/11/2021
Danil Andreyevich GLUSHCHENKO
1998
Ivan Yuryevich Zhdanov
Vilnius
Rally “Free Navalnyy”
Krasnodar
21/04/2021
Anti-war protest
Krasnodar
06/03/2022
article 20.2 § 5 of CAO
article 20.2 § 8 of CAO
fine of RUB 15,000
detention for 15 days
Krasnodar Regional Court
28/06/2021
Krasnodar Regional Court
30/03/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 5 of CAO,
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 conviction was based in the administrative-offence proceedings under Article 20.2 § 5 of CAO,
Art. 10 (1) - various restrictions on the right to freedom of expression - on 16/03/2022 the applicant was found guilty of participating in the protest against war in Ukraine on 06/03/2022 in Krasnodar under Art. 20.3.3 § 1 of the CAO (Discredit war), fined RUB 30,000, final decision 27/04/2022 Krasnodar Regional Court,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant in the proceedings under Article 20.2 § 8 of CAO was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
59799/21
01/12/2021
Anton Aleksandrovich MAKAROV
1980
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
17/06/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 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,
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 conviction was based.
59875/21*
29/11/2021
Yelizaveta Sergeyevna SAMOYLOVA
1993
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
Anti-war protest
Moscow
24/02/2022
article 20.2 § 5 of CAO
article 20.2 § 8 of CAO
fine of RUB 10,000
fine of RUB 200,000
Moscow City Court
25/06/2021
Moscow City Court
31/10/2022
Art. 5 (1) - unlawful detention –
1) escorting to the police station for compiling an offence report on 31/01/2021;
2) escorting to and detention at the police station after compiling an offence report from 11.05 p.m. on 24/02/2022 until 11.55 a.m. on 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 under Article 20.2 § 5 of CAO (final decision of 25/06/2012),
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, in the proceedings under Article 20.2 § 5 of CAO (final decision of 25/06/2012).
2411/22
06/12/2021
Sofya Sergeyevna YEFREMOVA
2000
Aleksey Vladimirovich Glukhov
Novocheboksarsk
Rally “Free Navalnyy”
Cheboksary
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Chuvashia Republic
01/07/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 21/04/2021,
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 conviction was based.
3953/22*
30/12/2021
Roman Yevgenyevich KACHANOV
1982
Rally "Free Navalnyy"
Yekaterinburg
31/01/2021
article 20.2 § 5 of CAO
30 hours of community work
Sverdlovsk Regional Court
07/07/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
35426/22
11/07/2022
Margarita Valeryevna MIROSHNICHENKO
1995
Anna Yevgenyevna Bochilo
Barnaul
Rally against the closure of independent media outlets
Stavropol
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 15,000
Stavropol Regional Court
18/05/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.10 p.m. until 7.45 p.m. on 06/03/2022,
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.
47784/22
23/09/2022
Olga Ivanovna ALASHEYEVA
1959
Aleksey Sergeyevich Lapuzin
Samara
Anti-war protest
Samara
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Samara Regional Court
26/05/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of administrative-offence proceedings,
Art. 10 (1) - various restrictions on the right to freedom of expression - on 29/03/2022 the applicant was found guilty of participating in the protest against war in Ukraine and shouting slogans "no to war" on 06/03/2022 in Samara under Art. 20.3.3 § 1 of the CAO (Discredit war), fined RUB 30,000, final decision 26/07/2022 Samara Regional Court,
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 CAO) with substantially the same facts underlying her conviction in the first set of proceedings (Art. 20.2 § 5 of CAO).
12161/23*
07/03/2023
Yekaterina Aleksandrovna AVGUSTENYAK
1984
Anti-war protest
Moscow
27/02/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
09/11/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 5.05 p.m. on 27/02/2022 until 11.40 p.m. on 27/02/2022,
12466/23*
02/03/2023
Anna Pavlovna KHARITONOVA
1997
Anti-war protest
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
03/11/2022
Art. 5 (1) - unlawful detention - escorting to and detention at
the police station for compiling an offence report from 3.15 p.m. on 06/03/2022 until 12.30 a.m. on 07/03/2022.
21144/23*
13/05/2023
Nikolay Sergeyevich KAMYSHEV
1995
Anti-war protest
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
01/03/2023
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 6 p.m. until 10.20 p.m. on 06/03/2022
33679/23*
19/08/2023
Alina Vladimirovna KHVOROSTOVA
1995
Olesya Vasilchenko
St Petersburg
Anti-war protest
St Petersburg
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
St Petersburg City Court
19/04/2023
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 5.23 p.m. on 06/03/2022 until 4.50 p.m. on 07/03/2022.