Published on 30 October 2023
THIRD SECTION
Application no. 47784/18
Mariya Igorevna ZINCHENKO against Russia
and 21 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
47784/18*
27/09/2018
Mariya Igorevna ZINCHENKO
1990
Anticorruption rally
Vladivostok
28/01/2018
Rally against pension reform
Vladivostok
15/09/2018
article 20.2 § 5 of CAO
article 20.2 § 8 of CAO
fine of RUB 10,000
administrative detention of 15 days
Primorye Regional Court
27/03/2018
Primorye Regional Court
16/01/2019
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”:
- from 10.50 a.m. to 03.50 p.m. on 02/02/2018,
- from 02.12 p.m. on 15/09/2018 to 02.10 p.m. on 17/09/2018;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions: Primorye Regional Court, 27/03/2018 and 16/01/2019;
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 officer on whose written statements the applicant’s convictions were 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
10432/21*
28/01/2021
Anton Pavlovich APTEKAR
1997
Darya Dmitriyevna Aksenova
Kolomna
Rally in support of Mr Konstantin Kotov
Moscow
22/02/2020
Rally in support of Mr A. Navalnyy
Moscow
23/01/2021
article 20.2 § 5 of CAO
article 20.2 § 8 of CAO
fine of RUB 10,000
community service of 40 hours
Moscow City Court
28/07/2020
Moscow City Court
19/05/2022
Art. 5 (1) - unlawful deprivation of liberty:
1) escorting to a police station for the purpose of drawing up a record of administrative offence from 05.00 p.m. to an unspecified time on 22/02/2020,
2) escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 11.30 a.m. to 03.15 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 - final decisions: Moscow City Court, 28/07/2020 and 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 officer on whose written statements the applicant’s convictions were based
13424/21*
07/02/2021
Dmitriy Aleksandrovich IVANOV
1999
Mariya Olegovna Eysmont
Moscow
Rally in support of political prisoners
Moscow
14/03/2020
Collective walkabout in support of Ilya Azarov and against Mr V. Putin
Moscow
05/06/2020
Rally in support of Mr A. Navalnyy
Moscow
23/01/2021
Rally in support of Mr A. Navalnyy
Moscow
02/02/2021
article 19.3 § 1 of CAO, article 20.2 § 8 of CAO
article 20.2 § 5 of CAO
article 20.2 § 6.1 of CAO
article 20.2 § 8 of CAO
fine of RUB 1,000 and administrative detention of 13 days
fine of RUB 20,000
fine of RUB 19,000
administrative detention of 30 days
Moscow City Court, 10/08/2020 and
07/08/2020
Moscow City Court
10/09/2020
Moscow City Court
23/09/2021
Moscow City Court
10/02/2021
Art. 5 (1):
1) unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”:
- from 03.15 to 10.10 p.m. on 14/03/2020,
- from 04.30 p.m. on 08/06/2020 to 03.00 p.m. 09/06/2020,
- from 11.00 p.m. on 01/08/2020 to 03/08/2020,
- from 03.15 p.m. on 01/11/2020 to 02/11/2020,
- from 11.30 p.m. on 02/02/2021 to 03/02/2021, hearing in the applicant’s administrative-offence case,
- from 11.50 p.m. on 04/03/2021 to 05/03/2021, hearing in the applicant’s administrative-offence case,
2) unlawful escorting to the police station for the purpose of drawing up a record of administrative offence, from 06.30 to 08.50 p.m. on 05/06/2020,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions: Moscow City Court, 07/08/2020, 10/08/2020, 10/09/2020, 06/11/2020, 10/02/2021, 11/03/2021 (administrative conviction under article 19.3 § 1 to administrative detention of 10 days), and 23/09/2021;
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 officer on whose written statements the applicant’s conviction was based;
Art. 8 (2) - restrictions on the right to private life of participants in public assemblies - use of facial recognition technology for the identification of the applicant as a participant of the rally on 23/01/2021 and his subsequent conviction (raised on appeal, final decision: Moscow City Court, 23/09/2021; complaint lodged on 23/03/2022);
Art. 10 (1) - disproportionate measures against solo demonstrators - Solo picket in support of Ilya Azar in Moscow, on 05/06/2020, administrative conviction under article 20.2 § 5 of the CAO, fine of RUB 20,000, final decision: Moscow City Court, 08/09/2020;
Art. 10 (1) - measures in relation to media coverage of public assemblies - the applicant intended to cover, as a journalist, a picketing in support of "Novoye Velichiye" - entity declared an extremist organisation in Russia - on 01/11/2020. He was taken to the police station and then brought to administrative liability under article 19.3 § 1 of the CAO (disobedience) to administrative detention of 8 days. Final decision: Moscow City Court, 06/11/2020;
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - The applicant was convicted twice for participating in the same unauthorised rally on 14/03/2020: under art. 19.3 § 1 (fine) and under art. 20.2 § 5 (administrative detention) of the CAO;
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention of 10 days imposed on the applicant by the courts of first instance on 05/03/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
21468/21*
06/04/2021
Denis Alevtinovich MAKGOLAKH
1991
Olga Vladimirovna Timireva
Moscow
Rally in support of Mr A. Navalnyy
Moscow
31/01/2021
Forum of independent deputies “Municipal Russia”
Moscow
13/03/2021
article 20.2 § 6.1 of CAO
article 20.33 of CAO
administrative detention of 14 days
fine of RUB 10,000
Moscow City Court
08/02/2021
Shatura Town Court of the Moscow Region
08/06/2021
Art. 5 (1) - unlawful deprivation of liberty:
- escorting to the police station for the purpose of drawing up a record of administrative offence, on an unspecified time on 31/01/2021;
- detention in excess of 3 hours and without “exceptional circumstances”, on 13/03/2021 for 4 hours;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions: Moscow City Court, 08/02/2021, Shatura Town Court, 08/06/2021 ;
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 officer on whose written statements the applicant’s convictions were 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
23408/21
11/04/2021
Grigoriy Aleksandrovich TIFANYUK
1993
Rally in support to Mr A. Navalnyy
Nizhniy Novgorod
23/01/2021
article 20.2 § 8 of CAO
administrative detention of 10 days
Nizhniy Novgorod Regional Court
31/03/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”:
- from 05.00 to 08.30 p.m. on 21/08/2020,
- from 23/01/2021 to 25/01/2021, hearing in the applicant’s administrative-offence case;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions: Nizhniy Novgorod Regional Court, 21/10/2020 and 31/03/2021;
Art. 6 (1) - and Art. 6 (3) (b) - unfair trial due to lack of adequate time and facilities for preparation of the defence - inability to cross-examine in open court police officer on whose written statements the applicant’s convictions were based;
Art. 10 (1) - conviction for making calls to participate in public events - Administrative conviction for having posted on the applicant’s personal account page in the social network "VKontakte" a video calling up to take part in manifestations on 21/08/2020 in support of Mr A. Navalnyy / Article 20.2 § 2 of the CAO / 20 hours of community works / Final decision: Nizhniy Novgorod Regional Court, 21/10/2020;
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the administrative detention was enforced immediately after the decision of the first-instance court on account of the lack of suspensive effect of an appeal under the CAO
26290/21*
28/04/2021
Fedor Fedorovich KOBZEV
1964
Ernest Aleksandrovich Mezak
Saint-Barthélemy-d’Anjou
Rally in support of Mr A. Navalnyy
Syktyvkar
23/01/2021
Rally in support of Mr A. Navalnyy
Syktyvkar
31/01/2021
article 20.2 § 8 of CAO
article 20.2 § 8 of CAO
fine of RUB 150,000
fine of RUB 150,000
Supreme Court of the Komi Republic
07/07/2021
Supreme Court of the Komi Republic
28/07/2021
Art. 5 (1) - unlawful deprivation of liberty:
1) escorting to the police station for the purpose of drawing up a record of administrative offence, from 03.05 p.m. on 09/08/2020 to an unspecified time, with no record of the applicant’s escorting,
2) escorting to the police station for the purpose of drawing up a record of administrative offence detention in excess of 3 hours and without “exceptional circumstances”, from 12.30 a.m. to 10.15 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 - final decisions: Supreme Court of the Komi Republic, 28/10/2020, 25/11/2020, 07/07/2021 and 28/07/2021,
Art. 10 (1) - disproportionate measures against solo demonstrators - On 09/08/2020 the applicant held a solo demonstration against a candidate for governor of the Komi Republic in Syktyvkar, in the centre place of the town. He was convicted twice: under art. 20.2 § 5 of the CAO (participation in an unauthorised rally - fine of RUB 5,000), and under art. 19.3 § 1 of the CAO (disobedience - fine of RUB 500). Final decisions: Supreme Court of the Komi Republic, 28/10/2020 and 25/11/2020.
39209/21*
28/07/2021
Dmitriy Sergeyevich SHELOMENTSEV
1993
Memorial Human Rights Centre
Moscow
Rally in support of Mr A. Navalnyy
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
administrative detention of 15 days
Moscow City Court
09/02/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 11.17 p.m. on 02/02/2021 to 08.26 p.m. on 03/02/2021, hearing in the applicant’s administrative-offence case,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 09/02/2021;
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 officer 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 by the court of first instance was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
43268/21*
09/08/2021
Dzhamilya Iskandarovna YUSUPOVA
1997
Aleksandr Yevgenyevich Pomazuyev
Vilnius
Rally in support of Mr A. Navalnyy
Tyumen
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Tyumen Regional Court
03/03/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence, from 01.00 p.m. to 03.40 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 - final decision: Tyumen Regional Court, 03/03/2021;
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 officer on whose written statements the applicant’s conviction was based
45077/21*
02/09/2021
Vladimir Yuryevich DOROKHOV
1985
Aleksandr Yevgenyevich Pomazuyev
Vilnius
Rally in support of Mr A. Navalnyy
Tula
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Tula Regional Court
18/03/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence, from 12.20 p.m. to an unspecified time 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 - final decision: Tula Regional Court, 18/03/2021
45349/21*
11/08/2021
Iskender Gabdrakhmanovich YASAVEYEV
1971
Danil Ilnurovich Nurgaleyev
Kazan
Rally in support of Mr A. Navalnyy
Kazan
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 deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”:
- from 01.00 p.m. on 31/01/2021 to 02.00 p.m. on 01/02/2021,
- from 4.12 p.m. on 27/02/2022 to 28/02/2022 in the afternoon;
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 proceedings under Article 20.2 § 5 of CAO police officers on whose written statements the applicant’s conviction was based.,
Art. 10 (1) - disproportionate measures against solo demonstrators - Picketing against the war in Ukraine, 27/02/2022, Kazan, administrative conviction under art. 20.2 § 8 of the CAO to an administrative detention of 5 days, final decision: Supreme Court of the Tatarstan Republic, 13/07/2022;
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 the CAO was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
46352/21*
02/09/2021
Irina Sergeyevna FATYANOVA
1989
Rally in support to Mr A. Navalnyy
St Petersburg
23/01/2021
article 20.2 § 2 of CAO
administrative detention of 10 days
St Petersburg City Court
04/03/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”:
- from 05.30 p.m. on 23/01/2021 to 24/01/2021,
- from 02.10 p.m. on 13/04/2021 to 14/04/2021,
in both cases the applicant was detained until the hearings in her administrative-offence cases;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions: St Petersburg City Court: 04/03/2021, 16/03/2021 and 18/05/2021;
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 officer on whose written statements the applicant’s convictions were based;
Art. 10 (1) - conviction for making calls to participate in public events - Administrative conviction under article 20.2. § 2 of the CAO for posting a call on a social network to participate in the protest in support of Mr A. Navalnyy scheduled in St Petersburg:
1) on 23/01/2021 / administrative detention of 6 days / final decision: St Petersburg City Court, 16/03/2021;
2) on 31/01/2021 / administrative detention of 10 days / final decision: St Petersburg City Court, 18/05/2021;
Prot. 7 Art. 2 - Right of appeal against criminal conviction/sentence - the sentences of administrative detention (7 and 10 days) imposed on the applicant were executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
46493/21*
04/09/2021
Mikhail Olegovich ALEKSEYEV
1990
Konstantin Vladimirovich Bubon
Khabarovsk
Rally in support of Mr A. Navalnyy
Khabarovsk
23/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Khabarovsk Regional Court
10/03/2021
47071/21*
03/09/2021
Nadezhda Nikolayevna SHESTAKOVA
1956
Sergey Yuryevich Tiunov
Yekaterinburg
Rally in support of Mr A. Navalnyy
Yekaterinburg
31/01/2021
Rally against the was in Ukraine
Yekaterinburg
24/02/2022
article 20.2 § 5 of CAO
article 20.2 § 8 of CAO
community works of 20 hours
administrative detention of 25 days
Sverdlovsk Regional Court
25/05/2021
Sverdlovsk Regional Court, 02/03/2022, received by the applicant on
10/03/2022
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 07.15 p.m. on 24/02/2022 to 25/02/2022, hearing in the applicant’s administrative offence case;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions: Sverdlovsk Regional Court, 25/05/2021 and 02/03/2022;
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 officer on whose written statements the applicant’s convictions were based
47148/21
07/09/2021
Aleksandr Andreyevich MARKIN
1999
Memorial Human Rights Centre
Moscow
Rally in support of Mr A. Navalnyy
Bryansk
23/01/2021
article 20.2 § 6.1 of CAO, article 20.2 § 5 of CAO
fines of RUB 1,500 and 10,000
Bryansk Regional Court 18/03/2021 and
30/03/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 02.12 p.m. on 23/01/2021 to 00.47 a.m. on 24/01/2021
49242/21*
30/09/2021
Yegor Denisovich TOKHTOBIN
2002
Rally in support of Mr A. Navalnyy
Moscow
31/01/2021
Rally against the war in Ukraine
Moscow
13/03/2022
article 20.2 § 6.1 of CAO
article 20.2 § 8 of CAO
administrative detention of 7 days
administrative detention of 15 days (the applicant was detained for 11 days, from 14/03/2022 till 24/03/2022 when the appeal court exempted him from the penalty)
Moscow City Court
20/04/2021
Moscow City Court
24/03/2022
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”:
- from 03.40 p.m. on 31/01/2021 to 04.40 p.m. on 01/02/2021,
- from 03.00 p.m. on 13/03/2022 to 01.30 p.m. on 14/03/2022;
both times the applicant was detained until the hearings in his administrative-offence cases;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions: Moscow City Court, 20/04/2021 and 24/03/2022;
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 officer on whose written statements the applicant’s conviction was based;
Art. 6 (1) - and Art. 6 (3) (c) - applicant’s absence from criminal proceedings - the applicant was not duly summoned to the appeal hearing of 20/04/2021 and was thus absent and not represented;
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the administrative detention imposed on the applicant on 14/03/2022 was enforced immediately after the decision of the first-instance court on account of the lack of suspensive effect of an appeal under the CAO
49500/21*
22/09/2021
Dmitriy Yuryevich MALININ
1983
Rally in support of Mr A. Navalnyy
Kaliningrad
23/01/2021
Rally in support of Mr A. Navalnyy
Kaliningrad
31/01/2021
Rally in support of Mr A. Navalnyy
Kaliningrad
21/04/2021
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
article 20.2 § 8 of CAO
community works of 20 hours
fine of RUB 10,000
fine of RUB 200,000
Kaliningrad Regional Court
23/03/2021
Kaliningrad Regional Court
01/06/2021
Kaliningrad Regional Court
29/06/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”:
- from 04.20 p.m. to 09.20 p.m. on 23/01/2021,
- from 03.10 p.m. on 18/05/2021 to an unspecified time on the same day, when the applicant was brought to the trial court for hearing;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions: Kaliningrad Regional Court, 23/03/2021 and 01/06/2021;
Art. 6 (1) - and Art. 6 (3) (b) - unfair trial due to lack of adequate time and facilities for preparation of the defence - inability to cross-examine in open court police officer on whose written statements the applicant’s convictions were based
49632/21
14/09/2021
Vadim Leonidovich KOBZEV
1997
Anna Yevgenyevna Bochilo
Barnaul
Rally in support of Mr A. Navalnyy
Rostov-on-Don
21/04/2021
article 20.1 § 2 of CAO
administrative detention of 13 days
Rostov Regional Court
28/04/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 11.00 p.m. on 20/04/2021 (the day before the scheduled rally) to 21/04/2021, hearing in the applicant’s administrative-offence case of petty hooliganism;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Rostov Regional Court, 28/04/2021;
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 officer on whose written statements the applicant’s conviction was based;
Prot. 7 Art. 2 - Right of appeal against criminal conviction/sentence - 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
56424/21*
28/10/2021
Ilya Gennadyevich POGNERYBKO
1994
Rally in support of Mr A. Navalnyy
Rostov-on-Don
21/04/2021
article 20.2 § 6.1 of CAO
administrative detention of 9 days
Rostov Regional Court
28/04/2022
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 11.30 a.m. on 08/05/2022 to 10.30 a.m. on 10/05/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions: Rostov Regional Court, 28/04/2022 and 11/07/2022;
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 officer on whose written statements the applicant’s convictions were based;
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentences of administrative detention imposed on the applicant on 22/04/2021 and 10/05/2022 were executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
56623/21*
21/10/2021
Ernest Aleksandrovich MEZAK
1976
Aleksey Nikolayevich Laptev
Moscow
Rally in support of Mr A. Navalnyy
Syktyvkar
23/01/2021
Rally in support of Mr A. Navalnyy
Syktyvkar
31/01/2021
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO,
article 19.3 § 1 of CAO
fine of RUB 10,000
fine of RUB 17,000, administrative detention of 12 days
Supreme Court of the Komi Republic
16/06/2021
Supreme Court of the Komi Republic, 21/04/2021 and
02/06/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”:
- from 12.25 p.m. to 11:30 p.m. on 31/01/2021,
- from 4.50 a.m. to 3.30 p.m. on 10/03/2021 (in an administrative-offence case related to the applicant’s alleged disobedience 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 - final decisions: Supreme Court of the Komi Republic, 21/04/2021, 02/06/2021, 16/06/2021 and 15/12/2021;
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentences of administrative detention imposed on the applicant by the court of first instance on 10/03/2021 (upheld on 02/06/2021) and 19/03/2021 (upheld on 15/12/2021) were executed immediately, on account of the lack of suspensive effect of an appeal under the CAO;
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - The applicant was convicted twice for participating in the same public rally on 31/01/2021: under art. 19.3 § 1 (administrative detention) and under art. 20.2 § 5 (fine) of the CAO
57204/21*
29/10/2021
Alina Sergeyevna IVANOVA
1996
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally in support of Mr A. Navalnyy
Moscow
31/07/2018
Rally in support of Mr A. Navalnyy
Moscow
23/01/2021
Rally in support of Mr A. Navalnyy
Moscow
31/01/2021
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
after having been taken to the police station, the applicant was not brought to liability as the District Court returned the case to the police, then the case became time barred. The applicant lodged a civil compensation suit, which was dismissed
fine of RUB 10,000
fine of RUB 10,000
Single judge of the Supreme Court of Russia
04/06/2021
Moscow City Court
29/06/2021
Moscow City Court
21/07/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence:
- from 7.00 p.m. to 11.00 p.m. on 31/07/2018, (detention in excess of 3 hours and without “exceptional circumstances”),
- from 05.15 p.m. on 23/01/2021 to an unspecified time,
- from 06.20 p.m. on 31/01/2021 to an unspecified time,
- on an unspecified time on 09/08/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions: Moscow City Court, 29/06/2021, 21/07/2021 and 07/09/2021;
Art. 10 (1) - various restrictions on the right to freedom of expression - On 07/08/2021, the applicant took part in a spontaneous solo performance – lowered her pants in front of the police department in Arbat District in Moscow. The purpose of her actions was to express her disagreement with an earlier arrest of 2 residents of Yekaterinburg for the same actions. She was arrested on 09/08/2021. The police officers drew up an administrative offence record under art. 20.1 § 1 of the CAO – petty hooliganism. The applicant was sentenced to 3 days of administrative detention. Final decision: Moscow City Court, 07/09/2021;
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 officer on whose written statements the applicant’s convictions were based
57907/21*
26/10/2021
Sergey Arlenovich ZYKOV
1972
Roman Yevgenyevich Kachanov
Yekaterinburg
Rally in support of Mr A. Navalnyy
Yekaterinburg
23/01/2021
Rally in support of Mr A. Navalnyy
Yekaterinburg
31/01/2021
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
community works of 30 hours
community works of 35 hours
Sverdlovsk Regional Court
23/06/2021
Sverdlovsk Regional Court
23/06/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 07.10 p.m. on 21/04/2021 to 09.30 a.m. on 22/04/2021, hearing in the applicant’s administrative-offence case;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions: Sverdlovsk Regional Court, 23/06/2021 (two decisions), 27/04/2021 and 07/05/2021;
Art. 10 (1) - conviction for making calls to participate in public events - Administrative conviction:
1) for a post on Facebook calling upon public to participate in public rallies in support of Mr A. Navalnyy / article 20.2 § 2 of the CAO / administrative detention of 9 days / final decision: Sverdlovsk Regional Court on 27/04/2021;
2) for having been given flyers encouraging to participate in public rallies in support of Mr A. Navalnyy / article 19.3 § 1 of the CAO / administrative detention of 15 days / final decision: Sverdlovsk Regional Court, 07/05/2021;
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentences of administrative detention imposed on the applicant by the courts of first instance were executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
45469/22
26/08/2022
Zulfiya Mudarisovna SITDIKOVA
1976
Rim Faridovich Sabirov
Kazan
Rally against the war in Ukraine
Kazan
06/03/2022
article 20.2 § 2 of CAO
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
27/04/2022
Art. 5 (1) - unlawful deprivation of liberty:
1) escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”:
- from 2.05 p.m. on 06/03/2022 to 08/03/2022, hearing in the applicant’s administrative-offence case,
- from 07.10 p.m. on 06/07/2022 to 08/07/2022, hearing in the applicant’s administrative-offence case under art. 19.3 of the CAO (disobedience; no link with any particular rally),
2) unlawful escorting to the police station for the same purpose, from 9.30 to 11.50 p.m. on 14/06/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions: Supreme Court of the Tatarstan Republic, 27/04/2022, 27/07/2022 and 24/08/2022;
Art. 10 (1) - conviction for the display of slogans/banners/other symbols by participants in public events - The applicant was arrested on 14/06/2022, during a rock-concert in Kazan, for wearing a shirt with "No war" sign. An administrative offence record was drawn up under art. 20.3.3 of the CAO (administrative offence of “publicly discrediting the use of Russian military forces for upholding international peace and security”). On 22/07/2022, the Novo-Savinovkiy District Court of Kazan convicted the applicant thereunder and sentenced her to a fine of RUB 40,000. Final decision: Supreme Court of the Tatarstan Republic, 24/08/2022;
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant by the court of first instance on 08/07/2022, under art. 19.3 § 1 of the CAO was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
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