Published on 8 January 2024
FOURTH SECTION
Application no. 43224/17
Sergey Viktorovich ZAVOROTNYKH against Russia
and 24 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 30 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 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
43224/17*
03/06/2017
Sergey Viktorovich ZAVOROTNYKH
1985
Nikolay Sergeyevich Zboroshenko
Mytishchi
5 days of detention
06/12/2016 Moscow City Court
Art. 6 (1) - and Art. 6 - unfair trial in view of restrictions on the right to examine witnesses - right to examine police officers whose pre-trial statements were used for convicting the applicant.
70396/17*
07/09/2017
Denis Vladimirovich LARTSEV
1989
Konstantin Ilyich Terekhov
Moscow
1 day of detention
13/04/2017 Rostov Regional Court
Art. 5 (1) - unlawful detention - on 26‑27/03/2017 detention in a police station after compiling an offence report,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - in particular, the right to examine police officers whose pre-trial statements or reports were used for convicting the applicant.
75215/17*
19/10/2017
Sergey Igorevich GORKAYEV
1990
Konstantin Ilyich Terekhov
Moscow
7 days of detention
26/04/2017 Moscow City Court
Prot. 7 Art. 2 – delayed examination of the conviction by a higher court - immediate execution of the sentence of detention; an appeal against conviction had no suspensive effect.
79982/17*
14/11/2017
Aleksey Valeryevich VLASOV
1977
Dmitriy Valeryevich Sotnikov
Balashikha
40 hours of community work
15/05/2017
Tula Regional Court
Art. 5 (1) - unlawful detention - on 26/03/2017 escorting to a police station for compiling an offence report,
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - the applicant was arrested and sentenced to community work under Art. 20.2 § 6.1 of CAO for participation in an anticorruption rally on 26/03/2017 in Tula.
5267/18*
16/12/2017
Kirill Georgiyevich VOLSKIY
1991
Valentin Valentinovich Pyshkin
St Petersburg
10 days of detention
fine of
RUB 10,000
20/06/2017 St Petersburg City Court
04/07/2017 St Petersburg City Court
Art. 5 (1) - unlawful detention - on 12‑13/06/2017 escorting to and detention in a police station for and after compiling offence reports,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - in particular, the right to examine police officers whose pre-trial statements or reports were used for convicting the applicant in both cases,
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - overlap of the substantially the same facts underlying prosecution in the above cases.
7362/18*
09/01/2018
Denis Gennadyevich GONCHAROV
1975
Aleksandr Dmitriyevich Peredruk
St Petersburg
5 days of detention
fine of
RUB 15,000
11/07/2017 St Petersburg City Court
11/07/2017 St Petersburg City Court
Art. 5 (1) - unlawful detention - on 12‑14/06/2017 escorting to and detention in a police station for and after compiling offence reports,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - in particular, the right to examine police officers whose pre-trial statements ore reports were used for convicting the applicant in both cases,
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - overlap of the substantially the same facts underlying prosecution in the above cases.
7963/18*
18/01/2018
Sergey Valeryevich OSMOLOVSKIY
1988
Valentin Valentinovich Pyshkin
St Petersburg
fine of RUB 5,000
fine of
RUB 15,000
20/07/2017
St Petersburg City Court
08/07/2021
St Petersburg City Court
Art. 5 (1) - unlawful detention - on 12‑14/06/2017 and 31/01/2021-01/02/2021 escorting to and detention in a police station and after compiling offence reports,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - in particular, the right to examine police officers whose pre-trial statements were used for convicting the applicant in both cases,
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - the applicant was arrested and sentenced to a fine of RUB 15,000 for participation in a rally to support A. Navalnyy on 31/01/2021 (Art. 20.2.2 § 1 of CAO, final decision on 08/07/2021, St Petersburg City Court).
8455/18*
18/01/2018
Yana Aleksandrovna BABENKO
1993
Valentin Valentinovich Pyshkin
St Petersburg
fine of
RUB 10,000
20/07/2017
St Petersburg City Court
Art. 5 (1) - unlawful detention - on 12‑13/06/2017 escorting to and detention in a police station for and after compiling offence reports,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - in particular, the right to examine police officers whose pre-trial statements or reports were used for convicting the applicant,
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - overlap of the substantially the same facts underlying prosecution in the above case and another case with a fine of RUB 1,000 (final decision on 20/07/2017 by St Petersburg City Court).
13493/18*
20/02/2018
Aleksey Valeryevich CHERNIKOV
1988
Aleksandr Dmitriyevich Peredruk
St Petersburg
fine of
RUB 10,000
22/08/2017
St Petersburg City Court
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - in particular, the right to examine police officers whose pre-trial statements were used for sentencing the applicant to a fine of RUB 10,000 under Art. 20.2 of CAO,
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - overlap of the substantially the same facts underlying prosecution in the above case and another case under Art. 19.3 of CAO (fine of RUB 500, final decision on 03/08/2017 by St Petersburg City Court).
18418/18
02/04/2018
Konstantin Borisovich ZYKOV
1990
Tatyana Yevgenyevna ZYKOVA
1995
Aleksandr Vasilyevich Popkov
Sochi
10 days of detention (first applicant)
3 days of detention (first applicant)
fine of
RUB 1,000 (second applicant)
12/10/2017 Krasnodar Regional Court
13/04/2018 Krasnodar Regional Court
07/05/2018 Krasnodar Regional Court
Art. 5 (1) - unlawful detention - on 17/03/2018 both applicants’ escorting to a police station for compiling offence reports,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - in particular, the right to examine police officers whose pre-trial statements ore reports were used for convicting the applicants - in three sets of the proceedings,
Art. 8 (1) - unlawful search - the applicants complain about a search on 17/03/2018, without a court decision, in the flat where they resided; the search was post factum validated by the courts (final decision on 03/05/2018 by the Krasnodar Regional Court),
Art. 10 (1) - conviction for making calls to participate in public events - the first applicant was sentenced to 10-day detention for organising a rally to support A. Navalnyy on 07/10/2017 (Art. 20.2 § 2 of CAO; final decision on 12/10/2017 by the Krasnodar Regional Court),
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies – as above,
Prot. 7 Art. 2 – delayed review of the conviction by a higher court - immediate execution of the first applicant’s sentences of detention in 2017 and 2018, an appeal against conviction had no suspensive effect.
21764/18*
25/04/2018
Aleksey Valeryevich BOCHENKOV
1998
Irina Vadimovna Sergeyeva
Moscow
15 days of detention
10/11/2017 Moscow City Court
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - in particular, the right to examine police officer whose pre-trial statements or reports were used for convicting the applicant.
25889/18*
25/05/2018
Aleksandra Vladimirovna SEMENOVA
1979
Yelena Yuryevna Pershakova
Moscow
fine of
RUB 20,000
12/03/2018
Perm Regional Court
Art. 10 (1) - conviction for making calls to participate in public events:
(i) a meeting with A. Navalnyy on 24/11/2017 (Art. 20.2 § 2, fine of RUB 20,000, final decision on 12/03/2018 by the Perm Regional Court),
(ii) the applicant was sentenced to a fine of RUB 20,000 for calls to take part in a rally on 07/10/2017 to support A. Navalnyy’s presidential campaign (Art. 20.2 § 2 of CAO, final decision on 30/11/2017 by the Perm Regional Court);
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - as above.
26576/18*
17/05/2018
Nikolay Nikolayevich VITKEVICH
1965
3 days of detention
08/12/2017 Bryansk Regional Court
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - in particular, the right to examine a defence witness,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - immediate execution of the sentence of detention; an appeal against conviction had no suspensive effect.
26751/18*
08/05/2018
Yan Igorevich PAVLOVSKIY
1998
Valentin Valentinovich Pyshkin
St Petersburg
fine of
RUB 15,000
7 days of detention
09/11/2017
St Petersburg City Court
09/11/2017
St Petersburg City Court
Art. 5 (1) - unlawful detention - on 08‑09/10/2017 escorting to and detention in a police station for and after compiling offence reports,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - in particular, the right to examine police officers whose pre-trial statements or reports were used for convicting the applicant in both cases,
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - overlap of the substantially the same facts underlying prosecution in the above cases under Art. 20.2 and Art. 19.3 of CAO.
40130/18*
08/08/2018
Anna Nikolayevna PETKOGLO
1985
Ivan Yuryevich Zhdanov
Vilnius
fine of
RUB 20,000
08/02/2018 Nizhniy Novgorod Regional Court
Art. 10 (1) - conviction for making calls to participate in public events - the applicant was sentenced to a fine of RUB 20,000 for making comments during an online interview to Navalnyy. Live on a protest rally on 29/09/2017 (Art. 20.2 § 1 of CAO, final decision on 08/02/2018 by Nizhniy Novgorod Regional Court),
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - as above.
41271/18*
30/07/2018
Natalya Anatolyevna VAVILOVA
1976
Yelena Yuryevna Pershakova
Moscow
fine of
RUB 20,000
02/02/2018
Perm Regional Court
Art. 5 (1) - unlawful detention - on 08/10/2017 escorting to a police station for compiling an offence report in relation to the rally on 07/10/2017,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - right to examine police officers whose pre-trial statements or reports were used for convicting the applicant,
Art. 10 (1) - conviction for making calls to participate in public events - the applicant was arrested and sentenced to a fine of RUB 20,000 in relation to the protest rally on 07/10/2017 (Art. 20.2 § 5 CAO, final decision on 02/02/2018 by Perm Regional Court).
44535/18*
06/09/2018
Valeriy Yuryevich NADEZHDIN
1968
7 days of detention
fine of
RUB 20,000
22/03/2018 Moscow City Court
08/08/2018 Moscow City Court
Art. 5 (1) - unlawful detention - on 12/03/2018 escorting to and detention in a police station 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 - in particular, the right to examine police officers whose pre-trial statements or reports were used for convicting the applicant in both cases,
Art. 10 (1) - various restrictions on the right to freedom of expression - the applicant was arrested and sentenced to detention for allegedly having uttered rude phrases against the President of Russia and police officers during a protest rally on 12/03/2018 (Art. 20.1 § 2 of CAO, final decision on 22/03/2018 by the Moscow City Court),
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - see above as to the rally on 12/03/2018 and also as to his conviction under Art. 20.2 § 5 of CAO in relation to his participation in that rally (final decision on 08/08/2018 by Moscow City Court).
50659/18*
10/10/2018
Ilya Viktorovich FEDIN
1996
Ivan Yuryevich Zhdanov
Vilnius
fine of
RUB 10,000
07/06/2018 St Petersburg City Court
Art. 5 (1) - unlawful detention - on 05/05/2018 escorting to a police station 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 - in particular, the right to examine police officers whose pre-trial statements or reports were used for convicting the applicant.
52116/18*
31/10/2018
Boris Mikhaylovich ZOLOTAREVSKIY
1997
Andrey Gennadyevich Lepekhin
Chelyabinsk
25 days of detention
9 days of detention
30 days of detention
09/05/2018 Chelyabinsk Regional Court
12/09/2018 Chelyabinsk Regional Court
13/08/2019 Moscow City Court
Art. 5 (1) - unlawful detention:
(i) on 05/05/2018 and 08/09/2018 escorting to a police station for compiling an offence report;
(ii) on 10‑12/08/2019 escorting to and detention in a police station for compiling an offence report,
Art. 10 (1) - conviction for making calls to participate in public events:
(i) as regards the opposition rally on 05/05/2018 in Chelyabinsk; the applicant was arrested and sentenced to 25-day detention (Art. 20.2 § 8 of CAO; final decision on 09/05/2018 by the Chelyabinsk Regional Court);
(ii) as regards the rally against the pension reform on 09/09/2018 in Chelyabinsk; the applicant was arrested and sentenced to 9-day detention (Art. 20.2 § 2 of CAO; final decision on 12/09/2018 by the Chelyabinsk Regional Court);
(iii) the applicant’s call to the participants of the approved rally on 10/08/2019 in Moscow to continue the protest with a "promenade" toward the Presidential Administration; he was arrested and sentenced to 30-day detention with reference to the lack of official approval for such promenade (Art. 20.2 § 8 of CAO, final decision on 13/08/2019 by the Moscow City Court),
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - see above,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - immediate execution of three sentences of detention; an appeal against conviction had no suspensive effect.
57314/18
13/11/2018
Aleksandr Andreyevich TROFIMOV
1999
Memorial Human Rights Centre
Moscow
fine of
RUB 1,000
14/05/2018 Presnenskiy District Court of Moscow
Art. 5 (1) - unlawful detention - on 22/02/2018 escorting to a police station for compiling an offence report,
Art. 10 (1) - various restrictions on the right to freedom of expression - on 22/02/2018 the applicant distributed political leaflets, was arrested and sentenced to a fine of RUB 1,000 (Art. 5.12 of CAO, final decision on 14/05/2018 by the Presnenskiy District Court of Moscow).
4441/19
08/01/2019
Ilgam Ilgizarovich SHAKIROV
1989
fine of
RUB 2,000
09/07/2018 Sovetskiy District Court of Kazan
Art. 5 (1) - unlawful detention - on 18/03/2018 escorting to a police station 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 - right to examine police officers whose pre-trial statements or reports were used for convicting the applicant.
17257/19*
21/03/2019
Vladislav Valeriyevich KHODAKOVSKIY
1992
fine of
RUB 10,000
21/09/2018 Voronezh Regional Court
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - the applicant was sentenced to a fine of RUB 10,000 for his participation in an opposition rally on 05/05/2018.
20949/19
08/04/2019
Roman Alekseyevich PAVLOV
1998
Nikolay Sergeyevich Zboroshenko
Mytishchi
fine of
RUB 1,000
fine of
RUB 10,000
24/10/2018 Moscow City Court
22/03/2019 Moscow City Court
Art. 5 (1) - unlawful detention - on 05/05/2018 escorting to a police station 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 - right to examine police officers whose pre-trial statements or reports were used for convicting the applicant in both cases,
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - an opposition rally on 05/05/2018; the applicant was arrested and sentenced to fines for participation in the rally (Arts. 19.3 and 20.2 of CAO, final decisions on 24/10/2018 and 22/03/2019 by Moscow City Court).
32059/19*
05/06/2019
Aleksandr Aleksandrovich GOLOVACH
1991
fine of
RUB 20,000
4 days of detention
06/12/2018 Moscow City Court
24/03/2021 Moscow City Court
Art. 5 (1) - unlawful detention –
(i) on 17‑18/10/2018 escorting to and detention in a police station for and after compiling an offence report in relation to a rally against the pension reform on 09/09/2018;
(ii) on 31/01/2021‑02/02/2021 detention in a police station after compiling an offence report in relation to a rally to support A. Navalnyy on 31/01/2021,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - in particular, the right to examine police officers whose pre-trial statements or reports were used for convicting the applicant (final decision on 24/03/2021 by Moscow City Court),
Art. 10 (1) - conviction for making calls to participate in public events - the applicant was arrested and sentenced to a fine of RUB 20,000 as to the rally on 09/09/2018 (Art. 20.2 § 2 of CAO, final decision on 06/12/2018 by the Moscow City Court),
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - as above as to the rally on 09/09/2018; the applicant was also arrested and sentenced to 4-day detention in relation to the rally on 31/01/2021 (Art. 20.2 § 6.1 of CAO, final decision on 24/03/2021 by Moscow City Court).
47354/20*
02/10/2020
Irina Anatolyevna NIKIFOROVA
1985
Aleksandr Vasilyevich Popkov
Sochi
fine of
RUB 10,000
fine of
RUB 1,000
30 hours of community work
22/01/2020 Supreme Court of the Tatarstan Republic
19/02/2020 Supreme Court of the Tatarstan Republic
27/05/2020 Supreme Court of the Tatarstan Republic
Art. 5 (1) - unlawful detention - on 16/12/2019 escorting to a police station 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 - in particular, the right to examine police officers whose pre-trial statements or reports were used for convicting the applicant in two cases (Art. 20.2.2 of CAO, final decision on 22/01/2020 by the Supreme Court of the Tatarstan Republic; Art. 19.3 of CAO, final decision on 19/02/2020 by the Supreme Court of the Tatarstan Republic),
Art. 10 (1) - various restrictions on the right to freedom of expression:
(i) the applicant was making a video recording during a rally against construction of waste incineration plant on 16/12/2019; she was arrested and sentenced to a fine of RUB 10,000 (Art. 20.2.2 of CAO, final decision on 22/01/2020 by the Supreme Court of the Tatarstan Republic);
(ii) on 14/01/2020 while accompanying a friend in a police station the applicant refused to stop making a video of her acquaintance holding a banner shaming the police; the applicant was sentenced to a fine of RUB 1,000 (EUR 12) because all the activity inside police buildings and at its premises were protected by the State Secrets Act and thus the police officer’s order to stop the videorecording was lawful (Art. 19.3 of CAO, final decision on 19/02/2020 by the Supreme Court of the Tatarstan Republic);
(iii) on 03-26/02/2020 the applicant organised a number of solo demonstrations against the above construction project; she provided information about them on her social-network page; the courts considered that those demonstrations by different people on different days had been conducted with the same purpose and thus were one "rally" requiring prior notification (Art. 20.2 § 2 of CAO, final decision on 27/05/2020 by the Supreme Court of the Tatarstan Republic),
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - as regards the conviction under Art. 20.2 § 2 of CAO (final decision on 27/05/2020 by Supreme Court of Tatarstan Republic).
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