Published on 30 October 2023
FOURTH SECTION
Application no. 21782/21
Anton Alekseyevich ZHUKOVETS against Russia
and 19 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
21782/21*
02/04/2021
Anton Alekseyevich ZHUKOVETS
1996
Vyacheslav Sergeyevich Ivanets
Tbilisi, Georgia
Rally "Free Navalnyy"
Irkutsk
23/01/2021
article 20.2 § 2 of CAO
detention for 10 days
Irkutsk Regional Court
28/01/2021
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
31152/21*
23/05/2021
Arkadiy Vasilyevich TRIFONOV
1966
Anna Yevgenyevna Bochilo
Barnaul
Rally "Free Navalnyy"
Barnaul
23/01/2021
Rally "Free Navalnyy"
Barnaul
21/04/2021
article 20.2 § 6.1 of CAO
article 20.2 § 6.1 of CAO
fine of RUB 10,000
40 hours of community work
Altay Regional Court
17/03/2021
Altay Regional Court
10/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 3:00 p.m. on 23/01/2021 and the afternoon of 24/01/2021; escorting to the police station for compiling an offence record 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 - in both sets of the administrative proceedings (concerning the events of 23/01/2021 and 21/04/2021)
34911/21
20/06/2021
Maksimilian Vitalyevich FEDYUNIN
1979
Anna Yevgenyevna Bochilo
Barnaul
Rally "Free Navalnyy"
Lipetsk
23/01/2021
Rally "Free Navalnyy"
Lipetsk
21/04/2021
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
fine of RUB 10,000
fine of RUB 75,000
Lipetsk Regional Court
11/03/2021
Lipetsk Regional Court
27/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 11.00 a.m. and the evening on 31/01/2021, escorting to and detention at the police station for compiling an offence record between 8:05 p.m. on 21/04/2021 and 1:45 p.m. on 22/04/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of the administrative 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 officer on whose written statements the applicant’s conviction was based in both sets of the administrative proceedings
43664/21
12/08/2021
Valeriya Dmitriyevna DELINA
2000
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 Republic of Chuvashia
25/03/2021
Supreme Court of the Republic of Chuvashia
24/06/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record on 04/06/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of the administrative 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 the administrative proceedings
48085/21*
07/09/2021
Irina Kimovna OGANESYAN
1959
Darya Dmitriyevna Aksenova
Kolomna
Rally "Free Navalnyy"
Moscow
23/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 15,000
Moscow City Court
10/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record 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,
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
49873/21
22/09/2021
Anton Sergeyevich FILIPPOV
1988
Anna Yevgenyevna Bochilo
Barnaul
Rally "Free Navalnyy"
Moscow
31/01/2021
Anti-war protest
Moscow
24/02/2022
article 20.2 § 6.1 of CAO
article 20.2 § 8 of CAO
fine of RUB 10,000
detention for 30 days
Moscow City Court
26/03/2021
Moscow City Court
14/03/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 3:30 p.m. on 31/01/2021 and 4:00 p.m. on 01/02/2021; escorting to and detention at the police station for compiling an offence record between 8:30 p.m. on 24/02/2022 and 7:10 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 - in both sets of the administrative proceedings (concerning the events of 31/01/2021 and 24/02/2022),
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, in both sets of the administrative proceedings (concerning the events of 31/01/2021 and 24/02/2022),
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 / Tushinskiy District Court of Moscow on 25/02/2022
50845/21
24/09/2021
Andrey Anatolyevich ISAKOV
1959
Vladislav Vladimirovich Kosnyrev
Syktyvkar
Rally "Free Navalnyy"
Syktykvkar
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Komi Republic
24/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 1:30 p.m. and 9:30 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 administrative-offence proceedings
51556/21*
29/09/2021
Olga Alekseyevna ZENINA
1952
Irina Vladimirovna Gak
Rostov-on-Don
Rally "Free Navalnyy"
Rostov-on-Don
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Rostov Regional Court
30/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 1:00 p.m. and 6 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 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
54357/21*
20/10/2021
Yevgeniy Vladimirovich NEVECHERYA
1978
Dmitriy Sergeyevich Dimitriyev
Orenburg
Rally "Free Navalnyy"
Orenburg
31/01/2021
article 20.2 § 5 of CAO
fine for RUB 10,000
Orenburg Regional Court
20/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 1.45 p.m. and 5.30 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 administrative-offence proceedings
27/22
26/11/2021
Konstantin Viktorovich KISELEV
1963
Aleksey Vladimirovich Bushmakov
Yekaterinburg
Rally "Free Navalnyy"
Yekaterinburg
23/01/2021
Rally "Free Navalnyy"
Yekaterinburg
31/01/2021
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
fine of RUB 15,000
fine of RUB 15,000
Sverdlovsk Regional Court
24/06/2021
Sverdlovsk Regional Court
16/06/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of administrative proceedings (concerning the events of 23/01/2021 and 31/01/2021)
6368/22*
15/01/2022
Darya Aleksandrovna BELYAYEVA
1991
Roman Yevgenyevich Kachanov
Yekaterinburg
Rally against police abuse
Yekaterinburg
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Sverdlovsk Regional Court
18/08/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
14423/22
16/02/2022
Konstantin Leonidovich MIKHAYLOV
1996
Viktor Valeryevich Kochenkov
Izhevsk
Rally "Free Navalnyy"
Izhevsk
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Republic of Udmurtia
16/08/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 08.00 p.m. and 11.40 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 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
16210/22
18/01/2022
Aleksey Sergeyevich STERKHOV
1980
Viktor Valeryevich Kochenkov
Izhevsk
Rally "Free Navalnyy"
Izhevsk
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Republic of Udmurtia
19/07/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 12:30 p.m. and 5:10 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 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
25328/22*
21/04/2022
Vladislav Vitalyevich ARINICHEV
1993
Aleksandr Denisovich BEZRUCHKIN
2000
Timofey Aleksandrovich DANILOV
1998
Pavel Alekseyevich GLAZKOV
1975
Stanislav Yuryevich KARMAKSKIKH
1986
Petr Andreyevich SAMSONOV
1990
Aleksandr Nikolayevich SHRAMKOV
1965
Denis Sergeyevich SKUDAYEV
1981
Natalya Andreyevna Baranova
Moscow
Mr Arinichev: anti-war protest
Moscow
08/03/2022
Mr Bezruchkin: anti-war protest
Moscow
11/03/2021
Mr Danilov: anti-war protest
Yaroslavl
06/03/2022
Mr Glazkov:
anti-war protest
Moscow
13/03/2022
Mr Karmakskikh: anti-war protest
Tomsk
06/03/2022
Mr Samsonov: anti-war protest
Tomsk
06/03/2022
Mr Shramkov: anti-war protest
Volokonovka
14/03/2022
Mr Skudayev: anti-war protest
Perm
06/03/2022
article 20.3.3 § 1 of CAO
article 20.3.3 § 1 of CAO
article 20.3.3 § 1 of CAO
article 20.3.3 § 1 of CAO
article 20.3.3 § 1 of CAO
article 20.3.3 § 1 of CAO
article 20.3.3 § 1 of CAO
article 20.3.3 § 1 of CAO
fine of RUB 50,000
fine of RUB 50,000
fine of RUB 30,000
fine of RUB 50,000
fine of RUB 45,000
fine of RUB 30,000
fine of RUB 40,000
fine of RUB 30,000
Moscow City Court
11/05/2022
Moscow City Court
17/05/2022
Yaroslavl Regional Court
19/05/2022
Moscow City Court
26/04/2022
Tomsk Regional Court
08/04/2022
Tomsk Regional Court
08/04/2022
Belgorod Regional Court
23/05/2022
Perm Regional Court
26/05/2022
28106/22*
17/05/2022
Marina Pal SINGKH
1997
Oleg Borisovich Fazulyanov
St Petersburg
Photo session to protest violence against women
St Petersburg
25/11/2021
Anti-war protest
St Petersburg
24/02/2022
article 20.2 § 2 of CAO
article 20.2.2 § 1 of CAO
fine of RUB 20,000
detention for 15 days
St Petersburg City Court
18/01/2022
St Petersburg City Court
05/04/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 8.50 p.m. on 25/11/2021 and 5.00 p.m. on 27/11/2021; between 9.50 p.m. on 24/02/2022 and 5.15 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 - in both sets of the administrative proceedings (concerning the events of 25/11/2021 and 24/02/2022),
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 in both sets of the administrative proceedings
38898/22*
22/07/2022
Konstantin Vitalyevich MIKHAYLOV
1987
Inna Viktorovna Kosheleva
Kirov
Opposition rally
Kirov
03/02/2022
article 20.2 § 2 of CAO
fine of RUB 20,000
Kirov Regional Court
06/04/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
38906/22*
29/07/2022
Artem Aleksandrovich SHCHELOKOV
1988
Ruslan Yuryevich Bannikov
Voronezh
Anti-war protest
Voronezh
24/02/2022
article 20.2 § 8 of CAO
detention for 1 day
Voronezh Regional Court
07/04/2022
Art. 10 (1) – disproportionate measures against solo demonstrators – on 06/03/2022 in Voronezh / solo protest against war in Ukraine / conviction under article 20.3.3 § 1 of CAO / fine of RUB 30,000 / final decision on 06/07/2022 by the Voronezh Regional Court;
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 8.00 p.m. on 24/02/2022 and his transfer to a court on the next day, on 25/02/2022;
escorting the police station for compiling an offence record 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 – on 25/02/2022 in the Central District Court of Voronezh (in relation to the applicant’s participation in an anti-war public protest) and on 18/04/2022 in the Leninskiy District Court of Voronezh (in relation to the applicant’s participation in a solo anti-war protest on 06/03/2022); and also in
The Voronezh Regional Court (respectively, on 07/04/2022 and 06/07/2022);
Art. 6 (1) - lack of fair hearing - refusal to allow evidence in support of the applicant’s account of events (video records of his solo anti-war protest on 06/03/2022 and linguistic expertise of his banner "No War");
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
(proceedings before the Central and Leninskiy District Courts of Voronezh (25/02/2022 and 18/04/2022) and before the Voronezh Regional Court (07/04/2022 and 06/07/2022)
40591/22
10/08/2022
Vladislav Valeryevich BATALOV
1998
Yekaterina Viktorovna Dadayeva
St Petersburg
Anti-war protest
St Petersburg
02/04/2022
article 20.2 § 6.1 of CAO
detention for 10 days
St Petersburg City Court
11/04/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 2.30 p.m. and 11.02 p.m. on 02/04/2022,
Art. 6 (1) - lack of impartiality of 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
40595/22
10/08/2022
Aleksandr Sergeyevich OREKHOV
1997
Yekaterina Viktorovna Dadayeva
St Petersburg
Anti-war protest
St Petersburg
02/04/2022
article 20.2 § 6.1 of CAO
detention for 10 days
St Petersburg
City Court
11/04/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 2.40 p.m. and 11.43 p.m. 02/04/2022,
Art. 6 (1) - lack of impartiality of 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
41348/22*
04/08/2022
Yegor Yuryevich CHESNOKOV
2001
Natalya Andreyevna Baranova
Moscow
Anti-war protest
St Petersburg
28/02/2022
article 20.2.2 § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
05/04/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 7.56 p.m. on 28/02/2022 and 2.50 p.m. on 01/03/2022;
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
Full & Egal Universal Law Academy