ZOLOTOVA AND OTHERS v. RUSSIA - 23893/15 (Judgment : Article 11 - Freedom of assembly and association : First Section Committee) [2023] ECHR 360 (27 April 2023)

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You are here: BAILII >> Databases >> European Court of Human Rights >> ZOLOTOVA AND OTHERS v. RUSSIA - 23893/15 (Judgment : Article 11 - Freedom of assembly and association : First Section Committee) [2023] ECHR 360 (27 April 2023) URL: http://www.bailii.org/eu/cases/ECHR/2023/360.html Cite as: CE:ECHR:2023:0427JUD002389315, [2023] ECHR 360, ECLI:CE:ECHR:2023:0427JUD002389315

In the case of Zolotova and Others v. Russia,

The European Court of Human Rights (First Section), sitting as a Committee composed of:

          Lətif Hüseynov, President,
          Ivana Jelić,
          Erik Wennerström, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 6 April 2023,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in applications against Russia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table.

2. The Russian Government (“the Government”) were given notice of the applications.

THE FACTS

3. The list of applicants and the relevant details of the applications are set out in the appended table.

4. The applicants complained of the disproportionate measures taken against them as participants or organisers of public assemblies. Some applicants also raised other complaints under the provisions of the Convention.

THE LAW

I. JOINDER OF THE APPLICATIONS

5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.

II. Jurisdiction

6. The Court observes that the facts giving rise to the alleged violations of the Convention occurred prior to 16 September 2022, the date on which the Russian Federation ceased to be a party to the Convention. The Court therefore decides that it has jurisdiction to examine the present applications (see Fedotova and Others v. Russia [GC], nos. 40792/10 and 2 others, §§ 68‑73, 17 January 2023).

III. ALLEGED VIOLATION OF ARTICLE 11 OF THE CONVENTION

7. The applicants complained principally of disproportionate measures taken against them as participants or organisers of public assemblies, namely their arrest in relation to the dispersal of these assemblies and their conviction for administrative offences. They relied, expressly or in substance, on Article 11 of the Convention.

8. The Court refers to the principles established in its case-law regarding freedom of assembly (see Kudrevičius and Others v. Lithuania [GC], no. 37553/05, ECHR 2015, with further references) and proportionality of interference with it (see Oya Ataman v. Turkey, no. 74552/01, ECHR 2006‑XIV, and Hyde Park and Others v. Moldova, no. 33482/06, 31 March 2009).

9. In the leading cases of 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, the Court already found a violation in respect of issues similar to those in the present case.

11. These complaints are therefore admissible and disclose a breach of Article 11 of the Convention.

IV. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW

12. Some applicants submitted other complaints which also raised issues under the Convention and Protocols thereto, given the relevant well‑established case-law of the Court (see appended table). These complaints are not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention, nor are they inadmissible on any other ground. Accordingly, they must be declared admissible. Having examined all the material before it, the Court concludes that they also disclose violations of the Convention in the light of its findings in Butkevich v. Russia, no. 5865/07, §§ 63-64, 13 February 2018; Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 115-31, 10 April 2018; Korneyeva v. Russia, no. 72051/17, §§ 34-36, 8 October 2019; and Teslenko and Others v. Russia, nos. 49588/12 and 3 others, §§ 72-74 and 81-82, 5 April 2022, as to administrative escorting to and/or detention in a police station beyond three hours for non-custodial offences, without substantiating the impossibility to compile an offence report at the rally venue or any exceptional circumstances or another valid ground under the Code of Administrative Offences (CAO) or continued detention after the offence report was compiled; Karelin v. Russia, no. 926/08, §§ 58-85, 20 September 2016, concerning the absence of a prosecuting party in criminal proceedings under the Federal Code of Administrative Offences (the CAO); and Korneyeva, cited above, §§ 62-65, concerning the right not to be tried or punished twice in criminal proceedings.

V. REMAINING COMPLAINTS

13. In view of the findings in paragraphs 11 and 12 above, there is no need to examine the other aspects of the complaints raised by some applicants under Articles 5 and 6 of the Convention.

14. Lastly, the Court has examined other complaints raised in application no. 73802/17 and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto. It follows that they must be rejected in accordance with Article 35 § 4 of the Convention.

VI. APPLICATION OF ARTICLE 41 OF THE CONVENTION

15. Article 41 of the Convention provides:

“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”

16. Regard being had to the documents in its possession and to its case‑law (see, in particular, Navalnyy and Others v. Russia [Committee], nos. 25809/17 and 14 others, § 22, 4 October 2022), the Court finds it reasonable to award the sums indicated in the appended table.

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

1. Decides to join the applications;

2. Holds that it has jurisdiction to deal with these applications as they relate to facts that took place before 16 September 2022;

3. Declares the complaints under Article 11 of the Convention and the other complaints under well-established case-law of the Court, as set out in the appended table, admissible, decides that it is not necessary to examine the other aspects of the complaints raised by some applicants under Articles 5 and 6 of the Convention and declares the remainder of application no. 73802/17 inadmissible;

4. Holds that there has been a violation of Article 11 of the Convention;

5. Holds that there has been a violation of the Convention and Protocols thereto as regards the other complaints raised under well-established case‑law of the Court (see the appended table);

6. Holds

(a) that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;

(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

Done in English, and notified in writing on 27 April 2023, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Viktoriya Maradudina Lətif Hüseynov
Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 11 of the Convention

(disproportionate measures against organisers and participants of public assemblies)

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	Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant (in euros)^{^[i]}
23893/15 03/05/2015	Yelena Vladimirovna ZOLOTOVA 1968		Anticorruption rally Moscow, 14/09/2014	Article 20.2 § 5 of CAO	fine of RUB 18,000	Moscow City Court 04/12/2014		3,500
64088/16 28/10/2016 (5 applicants)	Mikhail Vladimirovich AKSARIN 1980 Ivan Anatolyevich KARAMNOV 1988 Aleksandra Mikhaylovna LAVROVA 1985 Kseniya Anatolyevna TRETYUKHINA 1991 Marina Samuelovna SHEBELYAN 1989	Zboroshenko Nikolay Sergeyevich Mytishchi	"Moving exhibition Ne mir” Moscow, 13/03/2016 Karamnov, Lavrova and Tretyukhina Shebelyan Aksarin	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	Moscow City Court: 20/05/2016 22/06/2016 06/07/2016	For each applicant: Art. 5 (1) - unlawful detention - on 13/03/2016 escorting to and detention in a police station for compiling offence reports, Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings	4,000, to each applicant
2665/17 27/12/2016	Andrey Mikhaylovich BAZHUTIN 1971 Arkadiy Anatolyevich MOSHNIKOV 1962	Glukhov Aleksey Vladimirovich Novocheboksarsk	Rally against a road‑tax system "Platon" Rostov-on-Don, 24/08/2016	Article 20.2 § 5 of CAO	fine of RUB 10,000 to each applicant	Voronezh Regional Court 10/10/2016		3,500, to each applicant
69342/17 22/08/2017	Mikhail Andreyevich PCHELIN 1990	Benyash Mikhail Mikhaylovich Sochi	Anticorruption rally Sochi, 26/03/2017	Article 20.2 § 2 of CAO	fine of RUB 20,000	Krasnodar Regional Court 05/05/2017	Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings	3,500
73802/17 07/09/2017	Oleg Borisovich KABATOV 1974	Terekhov Konstantin Ilyich Moscow	Anticorruption rally St Petersburg, 12/06/2017	Article 19.3 § 1 of CAO Article 20.2 § 5 of CAO	fine of RUB 500 fine of RUB 10,000	St Petersburg City Court 18/07/2017	Art. 5 (1) - unlawful detention - on 12‑13/06/2017 escorting to and detention in a police station for and after compiling an offence report, Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings	4,000
79030/17 09/11/2017 28723/18 07/06/2018	Aleksandr Iosifovich DEGTYAREV 1951	Terekhov Konstantin Ilyich Moscow	Anticorruption rally Rostov-on-Don, 26/03/2017	Article 20.2 § 5 of CAO	fine of RUB 10,000	Rostov Regional Court 19/05/2017	Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both cases	5,600
Zhdanov Ivan Yuryevich Vilnius	Rally to support A. Navalnyy Rostov-on-Don, 07/10/2017	Article 20.2 § 8 of CAO	fine of RUB 150,000	Rostov Regional Court 07/12/2017
79232/17 09/11/2017 6089/18 27/12/2017	Vladimir Aleksandrovich TERENTYEV 1977	Terekhov Konstantin Ilyich Moscow	Anticorruption rally Gatchina, 26/03/2017	Article 20.2 § 5 of CAO	fine of RUB 10,000	Leningrad Regional Court 31/05/2017	Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both cases	3,500
-	Event for collecting petitions to the Russian President St Petersburg, 29/04/2017	Article 20.2 § 5 of CAO	fine of RUB 10,000	St Petersburg City Court 27/06/2017
82860/17 30/11/2017 25320/20 23/06/2020	Illarion Gennadyevich BORTS 1985	Memorial Human Rights Centre Moscow	Anticorruption rally Moscow, 26/03/2017	Article 20.2 § 5 of CAO	fine of RUB 15,000	Moscow City Court 02/06/2017	Art. 5 (1) - unlawful detention - on 26/03/2017 and 27/07/2019 escorting to a police station for compiling offence reports (in application no. 25320/20 - the report was then compiled on 30/07/2019 only), Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both cases	4,000
Rally for fair elections to Mosgorduma Moscow, 27/07/2019	Article 20.2 § 5 of CAO	fine of RUB 10,000	Moscow City Court 26/09/2019
3646/18 22/12/2017	Mariya Davidovna MOLDAVSKAYA 1970	Chertkov Andrey Veniaminovich St Petersburg	Opposition rally St Petersburg, 29/04/2017	Article 19.3 § 1 of CAO Article 20.2 § 5 of CAO	fine of RUB 500 fine of RUB 10,000	St Petersburg City Court 27/06/2017	Art. 5 (1) - unlawful detention - on 29‑30/04/2017 escorting to and detention in a police station for and after compiling offence reports, Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - Final decision in both sets of the proceedings - 27/06/2017, St Petersburg City Court; Art. 19.3 § 1 CAO and Art. 20.2 § 5 CAO; overlap of the facts constituting the basis for the applicant’s prosecution and punishment in the second set of proceedings with substantially the same facts underlying her conviction in the first set of proceedings	4,000
3649/18 12/12/2017	Dmitriy Sergeyevich MIKHEYEV 1972	Golubok Sergey Aleksandrovich The Hague	Anticorruption rally St Petersburg, 12/06/2017	Article 19.3 § 1 of CAO Article 20.2 § 5 of CAO	1 day of detention fine of RUB 10,000	St Petersburg City Court 27/06/2017	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) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of proceedings, Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - Final decision in both set of proceedings - 27/06/2017, St Petersburg City Court; Art. 19.3 § 1 CAO and Art. 20.2 § 5 CAO; overlap of the facts constituting the basis for the applicant’s prosecution and punishment in the second set of proceedings with substantially the same facts underlying his conviction in the first set of proceedings	5,000 in respect of non‑pecuniary damage; 850, in respect of legal costs, to be paid directly to the representative, S. Golubok
3673/18 08/01/2018	Emil Vasifovich ABDULOV 1996	Terekhov Konstantin Ilyich Moscow	Anticorruption rally St Petersburg, 12/06/2017	Article 19.3 § 1 of CAO Article 20.2 § 5 of CAO	fine of RUB 500 fine of RUB 10,000	St Petersburg City Court 27/07/2017	Art. 5 (1) - unlawful detention - on 12‑13/06/2017 escorting to and detention in a police station for and after compiling an offence report, Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings	4,000
5155/18 08/01/2018	Rasul Rafikovich ABDULIN 1992	Terekhov Konstantin Ilyich Moscow	Anticorruption rally Moscow, 26/03/2017	Article 20.2 § 5 of CAO	fine of RUB 15,000	Moscow City Court 12/07/2017	Art. 5 (1) - unlawful detention - on 26/03/2017 escorting to a police station for compiling an offence report, Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings	4,000
8780/18 02/02/2018	Kirill Aleksandrovich MUKAYEV 1991	Terekhov Konstantin Ilyich Moscow	Anticorruption rally Moscow, 26/03/2017	Article 20.2 § 5 of CAO	fine of RUB 15,000	Moscow City Court 14/08/2017	Art. 5 (1) - unlawful detention - on 26‑27/03/2017 escorting to and detention in a police station for and after compiling an offence report, Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings	4,000
9368/18 16/02/2018	Georgiush Ryza KASHAKHI 1989	Memorial Human Rights Centre Moscow	Anticorruption rally Moscow, 26/03/2017	Article 20.2 § 5 of CAO	fine of RUB 15,000	Moscow City Court 16/08/2017	Art. 5 (1) - unlawful detention - on 26/03/2017 escorting to and detention in a police station for compiling an offence report, Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings	4,000
21407/18 23/04/2018 39979/18 09/08/2018	Irina Petrovna YEPIFANOVSKAYA 1955	Prikhodina Yelizaveta Aleksandrovna Moscow	Rally against political persecution Moscow, 30/06/2017	Article 20.2 § 5 of CAO	fine of 10,000 RUB	Moscow City Court 24/10/2017	Art. 5 (1) - unlawful detention - on 30/06/2017 and 02/07/2017 escorting to and detention a police station for compiling offence reports, Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both cases	4,000
Assembly to support Y. Dmitriyev Moscow, 02/07/2017	Article 20.2 § 5 of CAO	fine of RUB 5,000	Moscow City Court 16/02/2018
22814/18 30/04/2018 14296/20 22/01/2020	Nikita Dmitriyevich ROMANOV 1988	Zboroshenko Nikolay Sergeyevich Mytishchi	Anticorruption rally Moscow, 12/06/2017	Article 20.2 § 5 of CAO	fine of RUB 15,000	Moscow City Court 08/02/2018	Art. 5 (1) - unlawful detention - on 12/06/2017 and 27/07/2019 escorting to a police station for compiling offence reports, Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both cases	4,000
Rally for fair elections to Mosgorduma Moscow, 27/07/2019	Article 20.2 § 5 of CAO	fine of RUB 10,000	Moscow City Court 06/11/2019
28164/18 04/06/2018	Andrey Borisovich AZHIMOV 1988	Zhdanov Ivan Yuryevich Vilnius	Anticorruption rally Moscow, 12/06/2017	Article 20.2 § 5 of CAO	fine of RUB 20,000	Moscow City Court 04/12/2017	Art. 5 (1) - unlawful detention - on 12/06/2017 escorting to and detention a police station for compiling an offence report, Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings	4,000
29959/18 15/06/2018	Artem Vasilyevich VOYTENKO 1983	Zhdanov Ivan Yuryevich Vilnius	Anticorruption rally Bryansk, 07/10/2017	Article 20.2 § 5 of CAO	fine of RUB 15,000	Bryansk Regional Court 15/12/2017		3,500
33002/18 09/07/2018	Arsen Aleksandrovich ULLUBIEV 1985	Memorial Human Rights Centre Moscow	Anticorruption rally Moscow, 12/06/2017	Article 20.2 § 5 of CAO	fine of RUB 10,000	Moscow City Court 24/01/2018	Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings	3,500
33140/18 03/07/2018	Mikhail Vladimirovich STEPANETS 1978	Zhdanov Ivan Yuryevich Vilnius	Anticorruption rally Moscow, 12/06/2017		fine of RUB 10,000	Moscow City Court 12/01/2018	Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings	3,500
39277/18 07/08/2018	Arina Andreyevna MESHCHERYAKOVA 1999	Zhdanov Ivan Yuryevich Vilnius	“Voters’ Strike” rally Volgograd, 28/01/2018	Article 20.2 § 5 of CAO	fine of RUB 10,000	Volgograd Regional Court 07/02/2018	Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings	3,500
42072/18 24/08/2018	Dmitriy Aleksandrovich FOKANOV 1991	Zhdanov Ivan Yuryevich Vilnius	“Voters’ Strike” rally Volgograd, 28/01/2018	Article 20.2 § 5 of CAO	fine of RUB 10,000	Volgograd Regional Court 01/03/2018	Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings	3,500
42080/18 24/08/2018	Yelena Aleksandrovna KOTENOCHKINA 1977	Prikhodina Yelizaveta Aleksandrovna Moscow	Assembly to support Y. Dmitriyev Moscow, 02/07/2017	Article 20.2 § 5 of CAO	fine of RUB 10,000	Moscow City Court 16/03/2018	Art. 5 (1) - unlawful detention - on 02/07/2017 escorting to a police station for compiling an offence report, Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings	4,000
43667/18 03/09/2018	Alexandr Gershovich CHERNYY 1950	Memorial Human Rights Centre Moscow	Anticorruption rally Moscow, 12/06/2017	Article 20.2 § 5 of CAO	fine of RUB 10,000	Moscow City Court 06/03/2018	Art. 5 (1) - unlawful detention - on 12/06/2017 escorting to a police station for compiling an offence report, Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings	4,000
45692/18 06/09/2018	Aleksandr Vladislavovich ZHUKOV 1993	Zhdanov Ivan Yuryevich Vilnius	Opposition rally Perm, 07/10/2017	Article 20.2 § 5 of CAO	20 hours of community work	Perm Regional Court 14/03/2018	Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings	3,500
45710/18 22/09/2018	Vladimir Igorevich VINICHENKO 1990	Memorial Human Rights Centre Moscow	Anticorruption rally Moscow, 12/06/2017		fine of RUB 15,000	Moscow City Court 22/03/2018	Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings	3,500
49552/18 11/10/2018	Oleg Viktorovich POLYAKOV 1983	Zhdanov Ivan Yuryevich Vilnius	“Voters’ Strike” rally Volgograd, 28/01/2018	Article 20.2 § 5 of CAO	fine of RUB 10,000	Volgograd Regional Court 11/04/2018	Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings	3,500
7369/19 28/01/2019	Aleksey Vladimirovich NEBESNYY 1987	Memorial Human Rights Centre Moscow	Anticorruption rally Moscow, 12/06/2017	Article 20.2 § 5 of CAO	fine of RUB 10,000	Moscow City Court 30/08/2018	Art. 5 (1) - unlawful detention - on 12/06/2017 escorting to a police station for compiling an offence report, Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings	4,000

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

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant

(in euros)^{^[i]}

23893/15

03/05/2015

Yelena Vladimirovna ZOLOTOVA

1968

Anticorruption rally

Moscow,

14/09/2014

Article 20.2 § 5 of CAO

fine of

RUB 18,000

Moscow City Court

04/12/2014

3,500

64088/16

28/10/2016

(5 applicants)

Mikhail Vladimirovich AKSARIN

1980

Ivan Anatolyevich KARAMNOV

1988

Aleksandra Mikhaylovna LAVROVA

1985

Kseniya Anatolyevna TRETYUKHINA

1991

Marina Samuelovna SHEBELYAN

1989

Zboroshenko Nikolay Sergeyevich

Mytishchi

"Moving exhibition Ne mir”

Moscow, 13/03/2016

Karamnov, Lavrova and Tretyukhina

Shebelyan

Aksarin

Article 20.2 § 5 of CAO

fine of

RUB 10,000

fine of

RUB 10,000

fine of

RUB 10,000

Moscow City Court:

20/05/2016

22/06/2016

06/07/2016

For each applicant:

Art. 5 (1) - unlawful detention - on 13/03/2016 escorting to and detention in a police station for compiling offence reports,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

4,000,

to each applicant

2665/17

27/12/2016

Andrey Mikhaylovich BAZHUTIN

1971

Arkadiy Anatolyevich MOSHNIKOV

1962

Glukhov

Aleksey Vladimirovich

Novocheboksarsk

Rally against a road‑tax system "Platon"

Rostov-on-Don,

24/08/2016

Article 20.2 § 5 of CAO

fine of

RUB 10,000

to each applicant

Voronezh Regional Court

10/10/2016

3,500,

to each applicant

69342/17

22/08/2017

Mikhail Andreyevich PCHELIN

1990

Benyash

Mikhail Mikhaylovich

Sochi

Anticorruption rally

Sochi,

26/03/2017

Article 20.2 § 2 of CAO

fine of

RUB 20,000

Krasnodar Regional Court

05/05/2017

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

3,500

73802/17

07/09/2017

Oleg Borisovich KABATOV

1974

Terekhov Konstantin Ilyich

Moscow

Anticorruption rally

St Petersburg,

12/06/2017

Article 19.3 § 1 of CAO

Article 20.2 § 5 of CAO

fine of

RUB 500

fine of

RUB 10,000

St Petersburg City Court

18/07/2017

Art. 5 (1) - unlawful detention - on 12‑13/06/2017 escorting to and detention in a police station for and after compiling an offence report,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

4,000

79030/17

09/11/2017

28723/18

07/06/2018

Aleksandr Iosifovich DEGTYAREV

1951

Terekhov Konstantin Ilyich

Moscow

Anticorruption rally

Rostov-on-Don,

26/03/2017

Article 20.2 § 5 of CAO

fine of

RUB 10,000

Rostov Regional Court

19/05/2017

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both cases

5,600

Zhdanov

Ivan Yuryevich

Vilnius

Rally to support A. Navalnyy

Rostov-on-Don,

07/10/2017

Article 20.2 § 8 of CAO

fine of

RUB 150,000

Rostov Regional Court

07/12/2017

79232/17

09/11/2017

6089/18

27/12/2017

Vladimir Aleksandrovich TERENTYEV

1977

Terekhov Konstantin Ilyich

Moscow

Anticorruption rally

Gatchina,

26/03/2017

Article 20.2 § 5 of CAO

fine of

RUB 10,000

Leningrad Regional Court

31/05/2017

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both cases

3,500

Event for collecting petitions to the Russian President

St Petersburg,

29/04/2017

Article 20.2 § 5 of CAO

fine of

RUB 10,000

St Petersburg City Court

27/06/2017

82860/17

30/11/2017

25320/20

23/06/2020

Illarion Gennadyevich BORTS

1985

Memorial Human Rights Centre

Moscow

Anticorruption rally

Moscow,

26/03/2017

Article 20.2 § 5 of CAO

fine of

RUB 15,000

Moscow City Court

02/06/2017

Art. 5 (1) - unlawful detention - on 26/03/2017 and 27/07/2019 escorting to a police station for compiling offence reports (in application no. 25320/20 - the report was then compiled on 30/07/2019 only),

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both cases

4,000

Rally for fair elections to Mosgorduma

Moscow,

27/07/2019

Article 20.2 § 5 of CAO

fine of

RUB 10,000

Moscow City Court

26/09/2019

3646/18

22/12/2017

Mariya Davidovna MOLDAVSKAYA

1970

Chertkov

Andrey Veniaminovich

St Petersburg

Opposition rally

St Petersburg,

29/04/2017

Article 19.3 § 1 of CAO

Article 20.2 § 5 of CAO

fine of

RUB 500

fine of

RUB 10,000

St Petersburg City Court

27/06/2017

Art. 5 (1) - unlawful detention - on 29‑30/04/2017 escorting to and detention in a police station for and after compiling offence reports,

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - Final decision in both sets of the proceedings - 27/06/2017, St Petersburg City Court; Art. 19.3 § 1 CAO and Art. 20.2 § 5 CAO; overlap of the facts constituting the basis for the applicant’s prosecution and punishment in the second set of proceedings with substantially the same facts underlying her conviction in the first set of proceedings

4,000

3649/18

12/12/2017

Dmitriy Sergeyevich MIKHEYEV

1972

Golubok

Sergey Aleksandrovich

The Hague

Anticorruption rally

St Petersburg,

12/06/2017

Article 19.3 § 1 of CAO

Article 20.2 § 5 of CAO

1 day of detention

fine of

RUB 10,000

St Petersburg City Court

27/06/2017

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) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of proceedings,

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - Final decision in both set of proceedings - 27/06/2017, St Petersburg City Court; Art. 19.3 § 1 CAO and Art. 20.2 § 5 CAO; overlap of the facts constituting the basis for the applicant’s prosecution and punishment in the second set of proceedings with substantially the same facts underlying his conviction in the first set of proceedings

5,000

in respect of non‑pecuniary damage;

850,

in respect of legal costs, to be paid directly to the representative, S. Golubok

3673/18

08/01/2018

Emil Vasifovich ABDULOV

1996

Terekhov Konstantin Ilyich

Moscow

Anticorruption rally

St Petersburg,

12/06/2017

Article 19.3 § 1 of CAO

Article 20.2 § 5 of CAO

fine of

RUB 500

fine of

RUB 10,000

St Petersburg City Court

27/07/2017

Art. 5 (1) - unlawful detention - on 12‑13/06/2017 escorting to and detention in a police station for and after compiling an offence report,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

4,000

5155/18

08/01/2018

Rasul Rafikovich ABDULIN

1992

Terekhov Konstantin Ilyich

Moscow

Anticorruption rally

Moscow,

26/03/2017

Article 20.2 § 5 of CAO

fine of

RUB 15,000

Moscow City Court

12/07/2017

Art. 5 (1) - unlawful detention - on 26/03/2017 escorting to a police station for compiling an offence report,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

4,000

8780/18

02/02/2018

Kirill Aleksandrovich MUKAYEV

1991

Terekhov Konstantin Ilyich

Moscow

Anticorruption rally

Moscow,

26/03/2017

Article 20.2 § 5 of CAO

fine of

RUB 15,000

Moscow City Court

14/08/2017

Art. 5 (1) - unlawful detention - on 26‑27/03/2017 escorting to and detention in a police station for and after compiling an offence report,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

4,000

9368/18

16/02/2018

Georgiush Ryza KASHAKHI

1989

Memorial Human Rights Centre

Moscow

Anticorruption rally

Moscow,

26/03/2017

Article 20.2 § 5 of CAO

fine of

RUB 15,000

Moscow City Court

16/08/2017

Art. 5 (1) - unlawful detention - on 26/03/2017 escorting to and detention in a police station for compiling an offence report,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

4,000

21407/18

23/04/2018

39979/18

09/08/2018

Irina Petrovna YEPIFANOVSKAYA

1955

Prikhodina Yelizaveta Aleksandrovna

Moscow

Rally against political persecution

Moscow,

30/06/2017

Article 20.2 § 5 of CAO

fine of 10,000 RUB

Moscow City Court

24/10/2017

Art. 5 (1) - unlawful detention - on 30/06/2017 and 02/07/2017 escorting to and detention a police station for compiling offence reports,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both cases

4,000

Assembly to support Y. Dmitriyev

Moscow,

02/07/2017

Article 20.2 § 5 of CAO

fine of

RUB 5,000

Moscow City Court

16/02/2018

22814/18

30/04/2018

14296/20

22/01/2020

Nikita Dmitriyevich ROMANOV

1988

Zboroshenko Nikolay Sergeyevich

Mytishchi

Anticorruption rally

Moscow,

12/06/2017

Article 20.2 § 5 of CAO

fine of

RUB 15,000

Moscow City Court

08/02/2018

Art. 5 (1) - unlawful detention - on 12/06/2017 and 27/07/2019 escorting to a police station for compiling offence reports,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both cases

4,000

Rally for fair elections to Mosgorduma

Moscow, 27/07/2019

Article 20.2 § 5 of CAO

fine of

RUB 10,000

Moscow City Court

06/11/2019

28164/18

04/06/2018

Andrey Borisovich AZHIMOV

1988

Zhdanov

Ivan Yuryevich

Vilnius

Anticorruption rally

Moscow,

12/06/2017

Article 20.2 § 5 of CAO

fine of

RUB 20,000

Moscow City Court

04/12/2017

Art. 5 (1) - unlawful detention - on 12/06/2017 escorting to and detention a police station for compiling an offence report,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

4,000

29959/18

15/06/2018

Artem Vasilyevich VOYTENKO

1983

Zhdanov

Ivan Yuryevich

Vilnius

Anticorruption rally

Bryansk,

07/10/2017

Article 20.2 § 5 of CAO

fine of

RUB 15,000

Bryansk Regional Court

15/12/2017

3,500

33002/18

09/07/2018

Arsen Aleksandrovich ULLUBIEV

1985

Memorial Human Rights Centre

Moscow

Anticorruption rally

Moscow,

12/06/2017

Article 20.2 § 5 of CAO

fine of

RUB 10,000

Moscow City Court

24/01/2018

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

3,500

33140/18

03/07/2018

Mikhail Vladimirovich STEPANETS

1978

Zhdanov

Ivan Yuryevich

Vilnius

Anticorruption rally

Moscow,

12/06/2017

fine of

RUB 10,000

Moscow City Court

12/01/2018

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

3,500

39277/18

07/08/2018

Arina Andreyevna MESHCHERYAKOVA

1999

Zhdanov

Ivan Yuryevich

Vilnius

“Voters’ Strike” rally

Volgograd,

28/01/2018

Article 20.2 § 5 of CAO

fine of

RUB 10,000

Volgograd Regional Court

07/02/2018

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

3,500

42072/18

24/08/2018

Dmitriy Aleksandrovich FOKANOV

1991

Zhdanov

Ivan Yuryevich

Vilnius

“Voters’ Strike” rally

Volgograd,

28/01/2018

Article 20.2 § 5 of CAO

fine of

RUB 10,000

Volgograd Regional Court

01/03/2018

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

3,500

42080/18

24/08/2018

Yelena Aleksandrovna KOTENOCHKINA

1977

Prikhodina Yelizaveta Aleksandrovna

Moscow

Assembly to support Y. Dmitriyev

Moscow,

02/07/2017

Article 20.2 § 5 of CAO

fine of

RUB 10,000

Moscow City Court

16/03/2018

Art. 5 (1) - unlawful detention - on 02/07/2017 escorting to a police station for compiling an offence report,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

4,000

43667/18

03/09/2018

Alexandr Gershovich CHERNYY

1950

Memorial Human Rights Centre

Moscow

Anticorruption rally

Moscow,

12/06/2017

Article 20.2 § 5 of CAO

fine of

RUB 10,000

Moscow City Court

06/03/2018

Art. 5 (1) - unlawful detention - on 12/06/2017 escorting to a police station for compiling an offence report,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

4,000

45692/18

06/09/2018

Aleksandr Vladislavovich ZHUKOV

1993

Zhdanov

Ivan Yuryevich

Vilnius

Opposition rally

Perm,

07/10/2017

Article 20.2 § 5 of CAO

20 hours of community work

Perm Regional Court

14/03/2018

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

3,500

45710/18

22/09/2018

Vladimir Igorevich VINICHENKO

1990

Memorial Human Rights Centre

Moscow

Anticorruption rally

Moscow,

12/06/2017

fine of

RUB 15,000

Moscow City Court

22/03/2018

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

3,500

49552/18

11/10/2018

Oleg Viktorovich POLYAKOV

1983

Zhdanov

Ivan Yuryevich

Vilnius

“Voters’ Strike” rally

Volgograd,

28/01/2018

Article 20.2 § 5 of CAO

fine of

RUB 10,000

Volgograd Regional Court

11/04/2018

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

3,500

7369/19

28/01/2019

Aleksey Vladimirovich NEBESNYY

1987

Memorial Human Rights Centre

Moscow

Anticorruption rally

Moscow,

12/06/2017

Article 20.2 § 5 of CAO

fine of

RUB 10,000

Moscow City Court

30/08/2018

Art. 5 (1) - unlawful detention - on 12/06/2017 escorting to a police station for compiling an offence report,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

4,000