Published on 5 February 2024
SECOND SECTION
Application no. 26521/19
Aleksandr Anatolyevich ZHOLOBOV against Russia
and 11 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 / criminal offence
Penalty
Final domestic decision
Court Name
Date
Other complaints under well-established case-law
26521/19*
25/04/2019
Aleksandr Anatolyevich ZHOLOBOV
1972
Aleksey Nikolayevich Laptev
Moscow
Rally against the pension reform
Perm
09/09/2018
Anti-war rally
Perm
24/02/2022
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
community work of 30 hours
fine of RUB 10,000
Perm Regional Court
25/10/2018
Perm Regional Court
24/05/2022
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 24/02/2022 for the sole purpose of drawing up an offence record,
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 - inability to cross-examine in open court police officers on whose written statements the conviction was based - first set of proceedings
40597/20*
26/08/2020
Aglaya Aleksandrovna SHATOVA
2001
Dmitriy Igorevich Zakhvatov
Moscow
Rally in support of LGBT people
Moscow
11/10/2019
Rally in support of A. Navalnyy
Moscow
02/02/2021
article 20.2 § 5 of CAO
article 20.2 § 8 of CAO
fine of RUB 10,000
administrative detention of 7 days
Moscow City Court
10/02/2020
Moscow City Court
09/06/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention (i) on 11/10/2019 for the sole purpose of drawing a record of administrative offence; and (ii) between 00.10 a.m. on 03/02/2021 and 8.40 a.m. on 04/02/2021 as administrative suspect, pending trial and after the offence record had been compiled,
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 - inability to cross-examine in the open court the police officers on whose written statement the applicant’s conviction was based (second set of proceedings),
Art. 10 (1) - disproportionate measures against solo demonstrators - alternatively to Article 11 issue (see, mutatis mutandis, Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-50, 17 April 2018; and Muchnik and Mordovin v. Russia [Committee], §§ 47-52, nos. 23814/15 and 2707/16, 12 February 2019) - arrest, conviction for participation in solo demonstrations held on a rotation basis on 11/10/2019, no less than 10 participants - article 20.2 § 5 of CAO, administrative fine of RUB 10,000, final judgment of 10/02/2020 by the Moscow City Court
31166/21*
17/05/2021
Yevgeniya Viktorovna FEDULOVA
1975
Memorial Human Rights Centre
Moscow
Event in support of detainees in BARS case
Kaliningrad
15/08/2020
Rally in support of A. Navalnyy
Kaliningrad
23/01/2021
article 20.2 § 5 of CAO
article 20.2 § 8 of CAO
community works of 20 hours
administrative detention of 7 days
Kaliningrad Regional Court
26/11/2020
Kaliningrad Regional Court
04/02/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 27/01/2021 for compiling an offence record in respect of the rally of 23/01/2021 and pending trial held on the same date,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - all sets of 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 open court police officers on whose written statements the conviction was based, second set of proceedings, final judgment of 14/01/2021,
Art. 10 (1) - disproportionate measures against solo demonstrators - Kaliningrad, 22/08/2020, solo demonstration in support of A. Navalnyy - conviction under article 20.2 § 5 of CAO, community works of 20 hours, final judgment of 14/01/2021 by the Kaliningrad Regional Court,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 27/01/2021 in the third set of proceedings was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
33303/21*
13/06/2021
Tatyana Viktorovna DEYNEKO
1957
Dmitriy Vladimirovich Zubarev
Vladivostok
Rally in support of Khabarovsk protesters
Vladivostok
18/07/2020
Rally in support of Khabarovsk protesters
Vladivostok
08/08/2020
Rally in support of S. Furgal and Belarus protesters
Vladivostok
15/08/2020
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
fine of RUB 10,000
fine of RUB 10,000
fine of RUB 10,000
Primorye Regional Court
17/05/2021
Primorye Regional Court
11/05/2021
Primorye Regional Court
11/05/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 15/08/2020, after the demonstration held on the same date, for the purpose of drawing up an offence records in respect of the events of 18/07/2020, 08/08/2020 and 15/08/2020,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of the administrative-offence proceedings on appeal
36238/21*
02/07/2021
Nikolay Nikolayevich GALCHUK
1995
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally in support of A. Navalnyy
Moscow
23/01/2021
article 19.3 § 1 of CAO
and
article 20.2 § 6.1 of CAO
administrative detention of 10 days
and
administrative detention of 10 days
Moscow City Court
10/02/2021
and
Moscow City Court
10/02/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention between 23/01/2021 and 25/01/2021 as administrative suspect,
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 - inability to cross-examine in open court police officers on whose written statements the applicant’s conviction was based (both sets of proceedings),
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - conviction under Article 19.3 § 1 of CAO and Article 20.2 § 6.1 of CAO in connection with participation in the same public event; overlap of the facts constituting the basis for the applicant’s prosecution in the second set of proceedings with substantially the same facts underlying his conviction in the first set of proceedings
40466/21*
27/07/2021
Lyudmila Petrovna SHTEYN
1996
Mansur Idrisovich Gilmanov
Podolsk
Event for LGBT rights
Moscow
07/10/2020
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
18/03/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention:
(i) between 6 p.m. and 8.40 p.m. on 13/10/2020, for the sole purpose of drawing up an offence record in respect of the event of 07/10/2020;
(ii) between 23/01/2021 and 24/01/2021 as administrative suspect, pending trial, after the offence record in respect of the calls to participate in a rally had been compiled;
(iii) between 22/06/2021 and 23/06/2021 as administrative suspect, pending trial, after the offence record under article 19.3 of CAO had been compiled;
(iv) between 16/12/2021 and 17/12/2021 as administrative suspect, pending trial, after the offence record under article 20.3 § 1 had been complied,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - four sets of administrative proceedings, final judgments of:
(i) 18/03/2021 Moscow City Court, fine of RUB 20,000;
(ii) 27/01/2021, Moscow City Court, administrative detention of 10 days;
(iii) 28/06/2021, Moscow City Court, administrative detention of 15 days;
(iv) 21/12/2021, Moscow City Court, administrative detention of 14 days,
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 officers on whose written statements the conviction was made - three sets of administrative proceedings (final judgments by the Moscow City Court: 18/03/2021; 27/01/2021; 28/06/2021),
Art. 10 (1) - conviction for making calls to participate in public events - arrest, conviction under Article 20.2 § 2 of the CAO, administrative detention of 10 days for publishing in Instagram calls to participate in a rally in support of A. Navalnyy on 23/03/2021, final judgment of 27/01/2021 by the Moscow City Court,
Art. 10 (1) - various restrictions on the right to freedom of expression - arrest, conviction under article 20.3 § 1 of CAO, administrative detention of 14 days for displaying Nazi symbols on account of her having published in 2018 to her Facebook page a photoshopped image (apparently, a screenshot from a third person’s YouTube page) depicting the applicant wearing a Nazi officer’s cap; final judgment: 21/12/2021, Moscow City Court.,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentences of administrative detention imposed on the applicant (i) on 24/01/2021 (second set of proceedings concerning calls to participate in a rally), (ii) on 23/06/2021 (third set of proceedings, article 19.3 of CAO), and (iii) on 17/12/2021 (fourth set of proceedings, article 20.3 § 1 of CAO) were executed immediately, on account of the lack of a suspensive effect under the CAO
55304/21
24/10/2021
Kirill Artemovich GOLUBCHIK
2002
Aleksey Mikhaylovich Kychin
Arkhangelsk
Rally in support of A. Navalnyy
St Petersburg
31/01/2021
article 20.2.2. § 1 of CAO
The first instance court convicted the applicant as charged and sentenced him to
administrative detention of 10 days which he served in full;
after one round of quashing and a fresh examination of the case, the proceedings were discontinued by the appeal court for the expiry of the prosecution period
St Petersburg City Court
21/09/2021
proceedings discontinued for the expiry of the prosecution period
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention:
(i) between 21/04/2021 and 22/04/2021 as administrative suspect, pending trial and after the offence report under article 20.2 § 2 of CAO had been compiled; and
(ii) on 31/01/2021 as administrative suspect, pending trial and after the offence report under article 20.2.2 § 1 of CAO had been compiled,
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 - inability to cross-examine in open court police officers on whose written statements the conviction was based - first set of proceedings (final judgment of 23/06/2021),
Art. 10 (1) - conviction for making calls to participate in public events - publication on 22/01/2021 to a Telegram channel of calls to participate in a rally in support of A. Navalnyy scheduled for 23/01/2021 - arrest, conviction under article 20.2-2 of CAO, fine of RUB 10,000, final judgment of 23/06/2021 by the Arkhangelsk Regional Court, complaint lodged on 24/10/2021,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 31/01/2021 was executed immediately, for the lack of a suspensive effect under the CAO
56935/21*
18/10/2021
Nina Igorevna POPUGAYEVA
1996
Svetlana Vladimirovna UVARKINA
1975
Ernest Aleksandrovich Mezak
Saint-Barthélemy-d’Anjou
Rally in support of A. Navalnyy
Syktyvkar
23/01/2021
Rally in support of A. Navalnyy
Syktyvkar
23/01/2021
Rally in support of A. Navalnyy
Syktyvkar
31/01/2021
Rally in support of A. Navalnyy
Syktyvkar
31/01/2021
article 20.2 § 5 of CAO (Ms Popugayeva)
article 20.2 § 5 of CAO (Ms Uvarkina)
article 20.2 § 5 of CAO (Ms Popugayeva)
article 20.2 § 5 of CAO (Ms Uvarkina)
fine of RUB 10,000 (Ms Popugayeva)
fine of RUB 5,000 (Ms Uvarkina)
fine of RUB 10,000 (Ms Popugayeva)
fine of RUB 5,000 (Ms Uvarkina)
Supreme Court of the Komi Republic
28/04/2021
Supreme Court of the Komi Republic
26/05/2021
Supreme Court of the Komi Republic
12/05/2021 (Ms Popugayeva)
Supreme Court of the Komi Republic
23/06/2021 (Ms Uvarkina)
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention:
(i) in respect of the first applicant Ms Popugayeva, arrest, escorting to a police station and detention on 28/01/2021 for the sole purpose of drawing up a record of administrative offence in respect of her participation in a rally of 23/01/2021;
and
(ii) in respect of the first applicant Ms Popugayeva, arrest, escorting to a police station and detention on 31/01/2021 for the sole purpose of drawing up an offence record and pending trial (held on the same date) after such record had been compiled,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings – all sets of proceedings in respect of both applicants
35449/22*
02/07/2022
Nikita Igorevich PETROV
1990
Natalya Andreyevna Baranova
Moscow
Anti-war rally
Kaliningrad
24/02/2022
article 20.2 § 5 of CAO
fine of RUB 15,000
Kaliningrad Regional Court
26/04/2022
Art. 5 (1) - unlawful detention - arrest, escorting to a police station on 24/02/2022 for the sole purpose of drawing up an offence record
45943/22*
08/09/2022
Artemiy Sergeyevich BOBROV
1992
Anti-war event
Moscow
09/05/2022
article 19.3 § 1 of CAO
and
article 20.2 § 5 of CAO
administrative detention of 10 days
and
fine of RUB 15,000
Moscow City Court
19/05/2022
and
Moscow City Court
19/12/2022
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 09/05/2022 and 11/05/2022 as administrative suspect, pending trial under article 19.3 § 1 of CAO and after the relevant offence record had been compiled,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - first set of proceedings (final judgment of 19/05/2022),
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 open court police officers on whose written statements the conviction was based - first set of proceedings (final judgment of 19/05/2022),
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative arrest imposed on the applicant in the 1st set of proceedings on 11/05/2022 was executed immediately, for the lack of a suspensive effect of an appeal under the CAO,
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - duplication of punishment - prosecution in two sets of administrative proceedings (under article 19.3 § 1 of the CAO and under article 20.2 § 5 of the CAO) arose from substantially the same facts
47040/22*
14/09/2022
Vitaliy Igorevich SOROKIN
1987
Anti-war rally
St Petersburg
26/02/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
St Petersburg City Court
17/05/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station between 26/02/2022 and 27/02/2022 as administrative suspect, pending trial and after the offence record was compiled,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: St Petersburg City Court, 17/05/2022,
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 the police officers on whose written statements the applicant’s conviction was based
47704/22*
18/09/2022
Larisa Vladislavovna KHUSANOVA
1973
Rim Faridovich Sabirov
Kazan
Anti-war rally
Kazan
13/03/2022
article 20.2 § 5 of CAO
fine of RUB 5,000
Supreme Court of the Republic of Tatarstan
18/05/2022
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 13/03/2022 and 14/03/2022 as administrative suspect, pending trial and after the offence record was compiled,
Art. 10 (1) - various restrictions on the right to freedom of expression - arrest, conviction for discrediting of the Russian armed forces on account of the contents of an anti-war slogan shouted by the applicant during the rally of 13/03/2022 (she said, "Your comrades killed my niece the day before yesterday!"), article 20.3.3 § 1 of the CAO, fine of RUB 30,000, final judgment by the Supreme Court of Tatarstan of 18/05/2022