KUSHTAYEV AND OTHERS v. RUSSIA - 24326/18 (Article 11 - Freedom of assembly and association : First Section Committee) [2023] ECHR 963 (30 November 2023)


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European Court of Human Rights


You are here: BAILII >> Databases >> European Court of Human Rights >> KUSHTAYEV AND OTHERS v. RUSSIA - 24326/18 (Article 11 - Freedom of assembly and association : First Section Committee) [2023] ECHR 963 (30 November 2023)
URL: http://www.bailii.org/eu/cases/ECHR/2023/963.html
Cite as: [2023] ECHR 963

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FIRST SECTION

CASE OF KUSHTAYEV AND OTHERS v. RUSSIA

(Applications nos. 24326/18 and 37 others -

see appended list)

 

 

 

 

 

JUDGMENT

 

 

 

 

STRASBOURG

30 November 2023

This judgment is final but it may be subject to editorial revision.


In the case of Kushtayev and Others v. Russia,

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

 Péter Paczolay, President,
 Gilberto Felici,
 Raffaele Sabato, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 9 November 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 organisers or participants of public assemblies. They also raised other complaints under the provisions of the Convention.

THE LAW

  1. 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.

  1. 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).

  1. ALLEGED VIOLATION OF ARTICLE 11 OF THE CONVENTION


7.  The applicants complained principally of disproportionate measures taken against them as organisers or participants 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.


10.  Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion as to the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the interferences with the applicants' freedom of assembly were not "necessary in a democratic society".

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

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


12.  Some applicants submitted other complaints which also raised issues under the Convention and its Protocols, 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.

13.  Having examined all the material before it, the Court concludes that these complaints also disclose violations of the Convention and its Protocols in the light of its findings in Butkevich v. Russia, no. 5865/07, §§ 63-65, 13 February 2018, Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 115-31, 10 April 2018, and Korneyeva v. Russia, no. 72051/17, §§ 34-36, 8 October 2019, as to various aspects of unlawful deprivation of liberty of organisers or participants of public assemblies; Karelin v. Russia, no. 926/08, §§ 58-85, 20 September 2016, concerning the absence of a prosecuting party in the proceedings under the Code of Administrative Offences (the CAO); Martynyuk v. Russia, no. 13764/15, §§ 38-42, 8 October 2019, relating to the lack of suspensive effect of an appeal against the sentence of administrative detention; Korneyeva, cited above, §§ 62-65 as to the right of organisers or participants of public assemblies not to be tried and punished twice for the same offence; and Elvira Dmitriyeva v. Russia, nos. 60921/17 and 7202/18, §§ 77-90, 30 April 2019, concerning administrative convictions for making calls to participate in public events.

  1. REMAINING COMPLAINTS


14.  Some applicants raised further additional complaints under Article 6 of the Convention. In view of the findings in paragraphs 11 and 13 above, the Court considers that there is no need to deal separately with these remaining complaints.

  1. APPLICATION OF ARTICLE 41 OF THE CONVENTION


15.  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 the applicants' complaints 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 the well-established case-law of the Court, as set out in the appended table, admissible, and finds that there is no need to examine separately the remaining complaints under Article 6 of the Convention;
  4. Holds that there has been a breach of Article 11 of the Convention in respect of these applicants;
  5. Holds that there has been a violation of the Convention and the Protocols thereto as regards the other complaints raised under the well-established case-law of the Court (see 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 30 November 2023, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

 

 Viktoriya Maradudina Péter Paczolay

 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)

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

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)[1]

  1.    

24326/18

08/05/2018

Taskali Kaliyevich KUSHTAYEV

1961

Yelanchik Oleg Aleksandrovich

Moscow

Protest rally

 

Moscow

05/11/2017

 

 

Article 19.3 § 1 of CAO

 

 

 

Article 20.2 § 5 of CAO

15 days of detention

 

 

 

fine of RUB 10,000

Moscow City Court

08/11/2017

 

 

Moscow City Court

16/04/2018

Art. 5 (1) - unlawful detention - on 05-07/11/2017 the applicant remained in detention after an offence report had been compiled;

 

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

 

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - overlap of the facts constituting the basis for the applicant's prosecution and punishment in the second set of the proceedings with substantially the same facts underlying his conviction in the first set of the proceedings

5,000

  1.    

37646/18

26/07/2018

Maksim Aleksandrovich ZHILIN

1978

Pershakova Yelena Yuryevna

Moscow

Rally to support A. Navalnyy

 

Perm

07/10/2017

Article 20.2 § 2 of CAO

fine of RUB 20,000

Perm Regional Court

26/01/2018

Art. 5 (1) - unlawful detention - on 07-09/10/2017 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;

 

Art. 10 (1) - conviction for making calls to participate in public events (final decision on 26/01/2018 by Perm Regional Court)

 

 

4,000

  1.    

38962/18

07/08/2018

Vladimir Sergeyevich ASTAFYEV

1994

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. 5 (1) - unlawful detention - on 28/01/2018 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

  1.    

39066/18

07/08/2018

Vladislav Dmitriyevich ZHUKOV

1998

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. 5 (1) - unlawful detention - on 28/01/2018 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

  1.    

39070/18

07/08/2018

Artemiy Sergeyevich KOROLEV

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. 5 (1) - unlawful detention - on 28/01/2018 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

  1.    

40393/18

14/08/2018

Anastasiya Andreyevna ANDREYEVA

1995

Zhdanov Ivan Yuryevich

Vilnius

"Voters' Strike" rally

 

Volgograd

28/01/2018

Article 20.2 § 1 of CAO

fine of RUB 20,000

Volgograd Regional Court

21/02/2018

Art. 5 (1) - unlawful detention - on 28/01/2018 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

  1.    

40573/18

18/07/2018

Yegor Olegovich RYABCHENKO

1998

Peredruk Aleksandr Dmitriyevich

St Petersburg

"Voters' Strike" rally

 

St Petersburg

28/01/2018

Article 20.2 § 5 of CAO

fine of RUB 10,000

St Petersburg City Court

19/04/2018

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

3,500

  1.    

41191/18

20/08/2018

Vladimir Mikhaylovich KRUGLYAKOV

1988

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

27/02/2018

Art. 5 (1) - unlawful detention - on 28/01/2018 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

  1.    

41307/18

14/08/2018

Salavat Shamgunovich SABIROV

1974

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

21/02/2018

Art. 5 (1) - unlawful detention - on 28/01/2018 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

  1.  

41309/18

14/08/2018

Roman Olegovich ZAYTSEV

1989

Zhdanov Ivan Yuryevich

Vilnius

"Voters' Strike" rally

 

Volgograd

28/01/2018

Article 20.2 § 1 of CAO

fine of RUB 20,000

Volgograd Regional Court

21/02/2018

Art. 5 (1) - unlawful detention - on 28/01/2018 escorting to a police station from 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

  1.  

42033/18

20/08/2018

Vladimir Stepanovich TELPUK

1966

Zhdanov Ivan Yuryevich

Vilnius

"Voters' Strike" rally

 

Volgograd

28/01/2018

 

Rally to support A. Navalnyy

 

Volgograd

31/01/2021

Article 20.2 § 5 of CAO

 

 

 

 

Article 20.2 § 5 of CAO

fine of RUB 10,000

 

 

 

fine of RUB 10,000

Volgograd Regional Court

27/02/2018

 

 

 

Volgograd Regional Court

10/03/2021

Art. 5 (1) - unlawful detention - on 28/01/2018 and 31/01/2021 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 two sets of the administrative-offence proceedings

5,000

  1.  

42034/18

20/08/2018

Yelena Viktorovna SHEINA

1963

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

27/02/2018

Art. 5 (1) - unlawful detention - on 28/01/2018 escorting to a police station for compiling an offence report

4,000

  1.  

42073/18

24/05/2018

Aleksandr Valeryevich KOLODKA

1998

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. 5 (1) - unlawful detention - on 28/01/2018 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

  1.  

42829/18

24/08/2018

Tatyana Alekseyevna KHOKHLOVA

1957

Zhdanov Ivan Yuryevich

Vilnius

"Voters' Strike" rally

 

Volgograd

28/01/2018

Article 20.2 § 5 of CAO

fine of RUB 5,000

Volgograd Regional Court

01/03/2018

Art. 5 (1) - unlawful detention - on 28/01/2018 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

  1.  

43204/18

28/08/2018

Sergey Viktorovich LYAKHOV

2000

Benyash Mikhail Mikhaylovich

Sochi

Rally to support A. Navalnyy

 

Krasnodar

07/10/2017

 

Article 20.2 § 5 of CAO

fine of RUB 10,000

Krasnodar Regional Court

28/03/2018

 

3,500

  1.  

43426/18

27/08/2018

Alena Nikolayevna KORNILKOVA

2000

Pershakova Yelena Yuryevna

Moscow

Rally to support A. Navalnyy

 

Perm

07/10/2017

Article 20.2 § 5 of CAO

fine of RUB 5,000

Perm Regional Court

27/02/2018

 

3,500

  1.  

43942/18

05/09/2018

Mariya Mikhaylovna YEVTYUNINA

1998

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

14/03/2018

Art. 5 (1) - unlawful detention - on 28/01/2018 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

  1.  

44286/18

03/09/2018

Vladimir Albertovich IVAKHNENKO

1973

Zhdanov Ivan Yuryevich

Vilnius

Rally to support A. Navalnyy

 

Rostov-on-Don

24/12/2017

Article 20.2

 § 6.1 of CAO

fine of RUB 15,000

Rostov Regional Court

13/03/2018

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

3,500

  1.  

44294/18

04/09/2018

Galina Alekseyevna ZABOLOTNEVA

1970

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

14/03/2018

Art. 5 (1) - unlawful detention - on 28/01/2018 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

  1.  

44689/18

13/09/2018

Konstantin Sergeyevich DNEPROV

1978

Kholodtsova Inna Vadimovna

Moscow

Protest rally

 

Moscow

04/11/2017

Article 20.2 § 5 of CAO

fine of RUB 15,000

Moscow City 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

  1.  

45221/18

14/09/2018

Nikita Aleksandrovich VYSHKVARKA

1996

Yatsenko Irina Aleksandrovna

Moscow

Anticorruption rally

 

Moscow

12/06/2017

Article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City 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

  1.  

45675/18

19/09/2018

Ivan Gennadyevich SMIRNOV

1990

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

21/03/2018

Art. 5 (1) - unlawful detention - on 28/01/2018 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

  1.  

45858/18

16/09/2018

Irina Ivanovna STRUBINA

1963

Yatsenko Irina Aleksandrovna

Moscow

Protest rally

 

Moscow

05/11/2017

Article 20.2 § 5 of CAO

fine of RUB 15,000

Moscow City Court

16/03/2018

Art. 5 (1) - unlawful detention - on 05/11/2017 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

  1.  

45906/18

12/09/2018

Marina Frankovna NATAPOVA

1955

Prikhodina Yelizaveta Aleksandrovna

Moscow

Rally for freedom to political prisoners

 

Moscow

30/06/2017

Article 20.2 § 5 of CAO

fine of RUB 5,000

Moscow City Court

30/03/2018

Art. 5 (1) - unlawful detention - on 30/06/2017 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

  1.  

46176/18

21/09/2018

Sergey Vladimirovich GALENKO

1977

Zhdanov Ivan Yuryevich

Vilnius

"Voters' Strike" rally

 

Moscow

28/01/2018

Article 19.3 § 1 of CAO

7 days of detention

Moscow City Court

22/03/2018

Art. 5 (1) - unlawful detention - on 28-29/01/2018 detention in a police station 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;

 

Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - the right to examine police officers whose pre-trial statements or reports were used for convicting the applicant

5,000

  1.  

46401/18

21/09/2018

Polina Aleksandrovna SIDELNIKOVA

1981

Valiulin Sergey Aleksandrovich

Vladivostok

"Voters' Strike" rally

 

Vladivostok

28/01/2018

 

 

Article 20.2 § 5 of CAO

fine of RUB 10,000

Primorye Regional Court

18/04/2018

 

3,500

  1.  

46911/18

12/09/2018

Alisa Georgiyevna BORTNIK

1996

Pershakova Yelena Yuryevna

Moscow

Anticorruption rally

 

Perm

07/10/2017

Article 20.2 § 5 of CAO

20 hours of community work

Perm Regional Court

12/03/2018

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

3,500

  1.  

46939/18

19/09/2018

Timur Ramilyevich ISANBAYEV

1999

Chernyavskaya Andzhelika Viktorovna

Oktyabrskiy

Rally to support A. Navalnyy

 

Novosibirsk

30/09/2017

Article 20.2 § 5 of CAO

fine of RUB 5,000

Novosibirsk Regional Court

20/03/2018

 

3,500

  1.  

47025/18

25/09/2018

Irina Vladimirovna KHOMYAKOVA

1997

Zubarev Dmitriy Vladimirovich

Vladivostok

"Voters' Strike" rally

 

Vladivostok

28/01/2018

Article 20.2 § 5 of CAO

fine of RUB 10,000

Primorye Regional Court

12/03/2018

 

(received not earlier than 25/03/2018)

 

3,500

  1.  

47195/18

29/09/2018

Aleksandr Dmitriyevich YANTURAYEV

1971

Glukhov Aleksey Vladimirovich

Novocheboksarsk

"Voters' Strike" rally

 

Ufa

28/01/2018

Article 20.2 § 5 of CAO

fine of RUB 10,000

Supreme Court of the Bashkortostan Republic

02/04/2018

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

3,500

  1.  

48410/18

01/10/2018

Sergey Pavlovich DERKACHEV

1992

Zubarev Dmitriy Vladimirovich

Vladivostok

"Voters' Strike" rally

 

Vladivostok

28/01/2018

Article 20.2 § 5 of CAO

fine of RUB 10,000

Primorye Regional Court

02/04/2018

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

3,500

  1.  

48893/18

05/10/2018

Aleksandr Nikolayevich KHOTS

1957

Vlasov Aleksey Valeryevich

Tula

"Voters' Strike" rally

 

Tula

28/01/2018

Article 20.2 § 5 of CAO

fine of RUB 10,000

Tula Regional Court

04/04/2018

 

(received not earlier than 12/04/2018)

Art. 5 (1) - unlawful detention - on 28/01/2018 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

  1.  

49691/18

12/10/2018

Dmitriy Stanislavovich LAZAREV

1963

Memorial Human Rights Centre

Moscow

Protest rally

 

Moscow

08/10/2017

Article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

12/04/2018

Art. 5 (1) - unlawful detention - on 08/10/2017 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

  1.  

49975/18

11/10/2018

Nadezhda Anatolyevna KOKOYEVA

1994

Glukhov Aleksey Vladimirovich

Novocheboksarsk

Opposition rally

 

Moscow

22/01/2018

Article 20.2 § 8 of CAO

fine of RUB 300,000

Moscow City Court

12/04/2018

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

7,400

  1.  

49977/18

10/10/2018

Mark Yuryevich TUMANOV

1972

Zhdanov Ivan Yuryevich

Vilnius

Opposition rally

 

Voronezh

05/05/2018

Article 19.3 § 1 of CAO

5 days of detention

Voronezh Regional Court

18/06/2018

Art. 5 (1) - unlawful detention - on 05-06/05/2018 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

5,000

  1.  

50032/18

10/10/2018

Irina Georgiyevna SOTNIKOVA

1953

Zhdanov Ivan Yuryevich

Vilnius

Opposition rally

 

Voronezh

05/05/2018

 

Article 20.2 § 5 of CAO

fine of RUB 5,000

Voronezh Regional Court

19/06/2018

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

3,500

  1.  

50051/18

10/10/2018

Mstislav Igorevich PISMENKOV

1991

Zhdanov Ivan Yuryevich

Vilnius

Opposition rally

 

Tyumen

05/05/2018

Article 20.2 § 8 of CAO

fine of RUB 200,000

Tyumen Regional Court

06/06/2018

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

6,200

  1.  

50053/18

10/10/2018

Artem Alekseyevich MAKHONOV

1993

Zhdanov Ivan Yuryevich

Vilnius

Opposition rally

 

Voronezh

05/05/2018

Article 20.2 § 5 of CAO

fine of RUB 10,000

Voronezh Regional Court

04/06/2018

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

3,500

 

 


[1] Plus any tax that may be chargeable to the applicants.


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URL: http://www.bailii.org/eu/cases/ECHR/2023/963.html