Published on 5 February 2024
FIRST SECTION
Application no. 45915/21
Aleksey Sergeyevich ZINKEVICH against Russia
and 16 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 11 January 2024, the Court decided, under Rule 54 § 2 (b) of the Rules of Court, that notice of the applications should be given to the Government of Russia.
In the applications marked by an asterisk, other complaints were raised. This part of the applications has been struck out of the Court’s list of cases or declared inadmissible by the Court, sitting in a single-judge formation, assisted by a rapporteur as provided for in Article 24 § 2 of the Convention.
In the enclosed list of applications, whenever an applicant is referred to using initials, this indicates that the Court has authorised anonymity for that person, whose identity will not be disclosed to the public (Rule 47 § 4).
For further information on the procedure following communication of an application brought against Russia, subject of well-established case law of the Court, please refer to the Court’s website.
SUBJECT MATTER
The applications concern complaints raised under Article 11 of the Convention relating to disproportionate measures against organisers and participants of public assemblies which are the subject of well-established case law of the Court (see Frumkin v. Russia, no. 74568/12, ECHR 2016 (extracts), Navalnyy and Yashin v. Russia, no. 76204/11, 4 December 2014 and Kasparov and Others v. Russia, no. 21613/07, 3 October 2013).
APPENDIX – STATEMENT OF FACTS
List of applications raising complaints under Article 11 of the Convention
(disproportionate measures against organisers and participants of public assemblies)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Name of the public event
Location
Date
Administrative offence (code of administrative offences, CAO)
Penalty
Final domestic decision
Court Name
Date
Other complaints under
well-established case-law
45915/21
08/09/2021
Aleksey Sergeyevich ZINKEVICH
1994
Daniil Aleksandrovich Semenov
St Petersburg
Rally “Free Navalnyy”
St Petersburg
31/01/2021
article 20.2.2. § 1 of CAO
administrative detention of 11 days
St Petersburg City Court
09/03/2021
Art. 5 (1) - unlawful deprivation of liberty: 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 4.30 p.m. on 31/01/2021 to 7.00 p.m. on 01/02/2021, 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: St Petersburg City Court, 09/03/2021,
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 the trial the police officers on whose written statements the applicant’s conviction was based,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
58745/21*
11/11/2021
Viktoriya Igorevna MATSNEVA
1987
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
13/05/2021
59686/21
13/11/2021
Nadezhda Sergeyevna BELOVA
1983
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
13/05/2021
Art. 5 (1) - unlawful deprivation of liberty: 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 3.10 p.m. to 10.00 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: Moscow City Court, 13/05/2021,
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 the trial the police officers on whose written statements the applicant’s conviction was based.
572/22
23/11/2021
Aleksandr Olegovich PERSHIN
2001
Dmitriy Dmitriyevich Miropoltsev
Kaltan
Rally “Free Navalnyy”
Novokuznetsk
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Kemerovo 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 - final decision: Kemerovo Regional Court, 16/06/2021,
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 the trial the police officers on whose written statements the applicant’s conviction was based.
839/22
23/11/2021
Olesya Andreyevna VOYCHENKO
2001
Dmitriy Dmitriyevich Miropoltsev
Kaltan
Rally “Free Navalnyy”
Novokuznetsk
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Kemerovo 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 - final decision: Kemerovo Regional Court, 16/06/2021,
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 the trial the police officers on whose written statements the applicant’s conviction was based
1902/22
10/11/2021
Anastasiya Yuryevna KRASILNIKOVA
1995
Sergey Aleksandrovich Loktev
St Petersburg
Rally “Free Navalnyy”
St Petersburg
23/01/2021
article 8.6.1 of Law of
St Petersburg 273-70 of 31/05/2010
fine of RUB 4,000
Oktyabrskiy District Court of St Petersburg
08/07/2021
Art. 5 (1) - unlawful deprivation of liberty: 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 1.45 p.m. to 06.40 p.m. 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 - final decision: Oktyabrskiy District Court, 08/07/2021
3126/22
23/12/2021
Milita Aleksandrovna GERBERSAGEN
1993
Ilya Vladimirovich Sivoldayev
Voronezh
Rally “Free Navalnyy”
Voronezh
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 5,000
Voronezh Regional Court
23/06/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Voronezh Regional Court, 23/06/2021.
4962/22*
10/01/2022
Andrey Mikhaylovich AKHMEDULOV
1994
Ivan Yuryevich Zhdanov
Vilnius
Rally “Free Navalnyy”
Voronezh
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Voronezh Regional Court
06/10/2021
Art. 5 (1) - unlawful deprivation of liberty: 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 6.06 p.m. to 10.15 p.m. 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 - final decision: Voronezh Regional Court, 06/10/2021,
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 the trial the police officers on whose written statements the applicant’s conviction was based.
8819/22
11/01/2022
Vasiliy Andreyevich SAVIN
1996
Viktor Alekseyevich Andreyev
St Petersburg
Rally “Free Navalnyy”
St Petersburg
31/01/2021
article 20.2.2. § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
22/07/2021
14014/22
26/02/2022
Yelizaveta Mikhaylovna NOVIKOVA
2000
Aleksey Mikhaylovich Kuroptev
Balashikha
Rally “Free Navalnyy”
Arkhangelsk
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Arkhangelsk Regional Court
31/08/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Arkhangelsk Regional Court, 31/08/2021,
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 the police officers on whose written statements her 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 a rally and his/her subsequent conviction (raised on appeal).
39888/22
29/07/2022
Olga Vyacheslavovna KRASAVINA
1988
Luiza Magomedovna Magomedova
St Petersburg
Anti-war rally
St Petersburg
24/02/2022
article 20.2.2. § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
12/04/2022
Art. 5 (1) - unlawful deprivation of liberty: 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 8.00 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 decision: St Petersburg City Court, 12/04/2022,
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.
39893/22
29/07/2022
Maksim Maksimovich FILENKO
1996
Luiza Magomedovna Magomedova
St Petersburg
Anti-war rally
St Petersburg
24/02/2022
article 20.2.2. § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
12/04/2022
Art. 5 (1) - unlawful deprivation of liberty: 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 8.00 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,
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
40283/22
04/08/2022
Ivan Mikhaylovich PRUTSKOV
1995
Nikifor Yuryevich Ivanov
St Petersburg
Anti-war rally
St Petersburg
24/02/2022
article 20.2.2. § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
05/04/2022
Art. 5 (1) - unlawful 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 24/02/2022 in the evening 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 decision: St Petersburg City Court, 05/04/2022,
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.
40292/22
04/08/2022
Yekaterina Alekseyevna DMITRIYEVA
1998
Nikifor Yuryevich Ivanov
St Petersburg
Anti-war rally
St Petersburg
24/02/2022
article 20.2.2. § 1 of CAO
fine of RUB 10,000
St Peterburg
05/04/2022
Art. 5 (1) - unlawful deprivation of liberty: 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 24/02/2022 in the evening 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 decision: St Petersburg City Court, 05/04/2022,
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
44600/22
18/08/2022
Yelizaveta Aleksandrovna PAVLOVSKAYA
1994
Nikifor Yuryevich Ivanov
St Petersburg
Anti-war rally
St Petersburg
26/02/2022
article 20.2.2. § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
19/04/2022
Art. 5 (1) - unlawful deprivation of liberty: 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 8.20 p.m. on 26/02/2022 to 27/02/2022 in the evening, 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: St Petersburg City Court, 19/04/2022,
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.
47958/22
12/09/2022
Anastasiya Igorevna PARADEYEVA
1989
Dmitriy Georgiyevich Gerasimov
St Petersburg
Anti-war rally
St Petersburg
06/03/2022
article 20.2.2. § 1 of CAO
fine of RUB 19,000
St Petersburg City Court
24/05/2022
Art. 5 (1) - unlawful deprivation of liberty: 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 3.30 p.m. to 11.00 p.m. on 06/03/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: St Petersburg City Court, 24/05/2022,
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.
48852/22
23/09/2022
Aleksandra Sergeyevna CHIBISOVA
1992
Leonid Leonidovich Krikun
St Petersburg
Anti-war rally
St Petersburg
06/03/2022
article 20.2.2. § 1 of CAO
fine of RUB 5,000
St Petersburg City Court
31/05/2022
Art. 5 (1) - unlawful deprivation of liberty: 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 3.40 p.m. on 06/03/2022 until 07/03/2022, 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 decision: St Petersburg City Court, 31/05/2022,
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.