LUTSEVICH AND OTHERS v. RUSSIA - 25187/15 (Article 11 - Freedom of assembly and association : Second Section Committee) [2024] ECHR 218 (14 March 2024)

BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

European Court of Human Rights


You are here: BAILII >> Databases >> European Court of Human Rights >> LUTSEVICH AND OTHERS v. RUSSIA - 25187/15 (Article 11 - Freedom of assembly and association : Second Section Committee) [2024] ECHR 218 (14 March 2024)
URL: http://www.bailii.org/eu/cases/ECHR/2024/218.html
Cite as: [2024] ECHR 218

[New search] [Contents list] [Help]


 

 

SECOND SECTION

CASE OF LUTSEVICH AND OTHERS v. RUSSIA

(Applications nos. 25187/15 and 35 others -

see appended list)

 

 

 

 

 

 

JUDGMENT

 

STRASBOURG

14 March 2024

 

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


In the case of Lutsevich and Others v. Russia,

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

 Lorraine Schembri Orland, President,
 Frédéric Krenc,
 Davor Derenčinović, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 15 February 2024,

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. Some applicants 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 well-established case-law (see 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 the organisers or participants of public assemblies not to be tried and punished twice for the same offence; and Novikova and Others v. Russia, nos. 25501/07 and 4 others, §§ 106-225, 26 April 2016, related to disproportionate measures taken by the authorities against participants of solo manifestations).

  1. remaining complaints


14.  Some applicants also raised additional complaints under Articles 5 and 6 of the Convention.


15.  In view of the findings in paragraphs 10-13 above, the Court considers that there is no need to deal separately with the remainder of the applicants' complaints under Article 6 of the Convention concerning alleged restrictions on the right to examine witnesses.


16.  The Court has further examined the applicants' additional complaints (applications nos. 57562/21, 57565/21, 58164/21 and 13540/22) under Article 5 of the Convention 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 this part of the applications must be rejected in accordance with Article 35 § 4 of the Convention.

  1. APPLICATION OF ARTICLE 41 OF THE CONVENTION


17.  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 the 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 the remaining complaints under Article 5 of the Convention (applications nos. 57562/21, 57565/21, 58164/21 and 13540/22) inadmissible, and finds that there is no need to examine separately the applicants' complaints under Article 6 of the Convention concerning alleged restrictions on the right to examine witnesses;
  4. Holds that these applications disclose a breach of Article 11 of the Convention;
  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 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 14 March 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

 Viktoriya Maradudina Lorraine Schembri Orland
 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 / criminal offence

Penalty

Final domestic decision

Court Name

Date

Other complaints under well-established case-law

Amount awarded for pecuniary and non-pecuniary damage per applicant

(in euros)[1]

  1.    

25187/15

12/05/2015

Sergey Vladimirovich LUTSEVICH

1976

 

 

Demonstration in support of the media channel "Dozhd"

 

Moscow

 

08/02/2014

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

12/11/2014

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.    

19779/20

23/03/2020

Zinaida Aleksandrovna GILYAZOVA

1989

Antokhin Yevgeniy Vyacheslavovich

Moscow

Anti-war manifestation

 

Moscow

 

06/03/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

07/09/2022

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

 

Art. 5 (1) - unlawful detention - arrest and detention on 10/08/2019 from 5.40 p.m. to 1 a.m. on 11/08/2019- Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO); arrest and detention on 06/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity

(both complaints raised on appeal)

 

4,000

  1.    

13723/21

10/02/2021

Ruslan Mansurovich ZINATULLIN

1978

 

 

Participation in the Municipal Russian Forum organised by Open Russia public association

 

Moscow

 

13/03/2021

article 20.33 of CAO

fine of RUB 5,000

Vakhitovskiy District Court of Kazan

01/07/2021

Art. 5 (1) - unlawful detention - The applicant was arrest on 03/06/2020 in connection with the solo picket carried out on 15/05/2020 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity (the complaint raised on appeal in the administrative proceedings),

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in relation to administrative proceedings under Article 20.2 of CAO which ended on 16/09/2020,

 

Art. 11 (1) - restrictions on location, time or manner of conduct of public events - the authorities' refusal to approve a manifestation in support of victims of political repressions on 02/11/2019 in Kazan. On 18/10/2019 the applicant notified the authorities of his wish to hold that event, however the authorities proposed to change the location because another event had already been planned there. The final decision was taken by the Supreme Court of the Russian Federation on 07/04/2021, complaint lodged on 06/10/2021.

 

Art. 10 (1) - disproportionate measures against solo demonstrators - Kazan, Military Commissariat, 15/05/2020, Solo Picket against mandatory military service (conscription); article 20.2 § 1 of CAO; penalty: 30 hours' community service; final decision taken by the Supreme Court of the Tatarstan Republic on 16/09/2020.

4,000

  1.    

16050/21

05/03/2021

Yevgeniy Vadimovich DILMAN

2001

Memorial Human Rights Centre

Moscow

Manifestation in support of S. Furgal

 

Komsomolsk-on-Amur

 

29/07/2020

article 20.2 § 5 of CAO

fine of RUB 10,000

Khabarovsk Regional Court

07/12/2020

 

3,500

  1.    

21993/21

07/04/2021

Yevgeniy Konstantinovich KOSTOMAROV

1989

Memorial Human Rights Centre

Moscow

Manifestation in support of A. Navalnyy ("Otpuskai")

 

Moscow

 

02/02/2021

article 20.2 § 6.1 of CAO

detention of 12 days

Moscow City Court

09/02/2021

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

 

Art. 5 (1) - unlawful detention - arrest and detention on 02-03/02/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity,

 

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant on 03/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO

5,000

  1.    

29794/21

08/05/2021

Viola Nikolayevna TITOVA

1983

 

 

Manifestation in support of S. Furgal

 

Krasnoyarsk

 

15/08/2020

article 20.2 § 5 of CAO

fine of RUB 10,000

Krasnoyarsk Regional Court

12/11/2020

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.    

30013/21

08/05/2021

Vladimir Andreyevich DUBOVSKIY

1991

Vasin Vladimir Valeryevich

Krasnoyarsk

Manifestation in support of S. Furgal

 

Krasnoyarsk

 

01/08/2020

article 20.2 § 5 of CAO

fine of RUB 10,000

Krasnoyarsk Regional Court

12/11/2020

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.    

30082/21

11/05/2021

Mikhail Mikhaylovich MOROZOV

1984

Aksenova Darya Dmitriyevna

Kolomna

Manifestation in support of A. Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

administrative detention of 14 days

Moscow City Court

12/02/2021

Art. 5 (1) - unlawful detention - arrest and overnight detention from 3 p.m. on 31/01/2021 to 01/02/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; Detention as an administrative suspect: beyond the three-hour statutory period;

 

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.    

31703/21

07/06/2021

Aleksandr Aleksandrovich SIBIKIN

1991

Memorial Human Rights Centre

Moscow

Manifestation in support of A. Navalnyy

 

Moscow, Matrosskaya Tishina

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

26/03/2021

Art. 5 (1) - unlawful detention - arrest and detention on 31/01/2021 from 4.40 p.m. to 11.40 p.m. - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable on the spot to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity;

Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO (raised on appeal),

 

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.  

31824/21

16/06/2021

Andrey Dmitriyevich GARIFULLIN

1987

Bayeva Aleksandra Nikolayevna

Moscow

Manifestation in support of A. Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 12,000

Moscow City Court

12/04/2021

Art. 5 (1) - unlawful detention - Arrest and detention from 11.45 a.m. to 10.45 p.m. on 31/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; the applicant remained in detention after the offence record had been compiled,

 

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

4,000

  1.  

31827/21

16/06/2021

Anton Dmitriyevich GONCHARUK

1996

Bayeva Aleksandra Nikolayevna

Moscow

Manifestation in support of A. Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

administrative arrest of 8 days

St Petersburg City Court

09/03/2021

Art. 5 (1) - unlawful detention - Arrest and detention from 1.30 p.m. on 31/01/2021 to 6 p.m. on 01/02/2021 - applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity;

Detention as an administrative suspect: the applicant remained in detention after the offence record had been compiled,

 

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

 

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 01/02/2021 was executed immediately, on the account of lack of suspensive effect of an appeal under the CAO

 

 

 

 

5,000

  1.  

31854/21

16/06/2021

Yegor Timofeyevich NECHAYEV

2001

Bayeva Aleksandra Nikolayevna

Moscow

Manifestation in support of A. Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

administrative arrest of 15 days

Moscow City Court

08/02/2021

Art. 5 (1) - unlawful detention - Arrest and detention on 31/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; the applicant remained in detention after the offence record had been compiled;

 

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

 

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant on 01//02/2021 was executed immediately, on the account of lack of suspensive effect of an appeal under the CAO

5,000

  1.  

36365/21

30/06/2021

Arseniy Mikhaylovich CHEKANOV

2002

Memorial Human Rights Centre

Moscow

Manifestation in support of A. Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

14/04/2021

Art. 5 (1) - unlawful detention - Arrest and detention from 4.30 p.m. on 31/01/2021 to 4.30 a.m. on 01/02/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable on the spot to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO),

 

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.  

40552/21

30/07/2021

Olga Valentinovna LEVINA

1956

Zhdanov Ivan Yuryevich

Vilnius

Manifestation in support of A. Navalnyy

 

Tambov

 

31/01/2021

article 20.2 § 3 of CAO

administrative detention of 15 days

Tambov Regional Court

05/02/2021

Art. 5 (1) - unlawful detention - arrest and detention on 31/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable on the spot , to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity,

 

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.  

45532/21

12/08/2021

Andrey Sergeyevich CHVANOV

1976

Shagiyeva Regina Ilgizovna

Leninigorsk

Manifestation in support of A. Navalnyy

 

Naberezhnye Chelny

 

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Supreme Court of the Tatarstan Republic

10/03/2021

Art. 5 (1) - unlawful detention - Arrest and detention on 23/01/2021 and 30/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity, raised on appeal

 

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant in administrative proceedings under Article 20.2 § 2 of CAO was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO,

 

Art. 10 (1) - conviction for making calls to participate in public events - the applicant posted information on Internet concerning the rally to support A. Navalnyy on 31/01/2021, Article 20.2 § 2 of CAO, detention for 9 days, final decision 10/03/2021 Supreme Court of the Tatarstan Republic

 

 

 

 

5,000

  1.  

51383/21

30/09/2021

Olga Anatolyevna SHKOLINA

1977

Memorial Human Rights Centre

Moscow

Manifestation in support of A. Navalnyy

 

Arkhangelsk

 

16/01/2021

article 20.2.2 § 1 of CAO

fine of RUB 11,000

Arkhangelsk Regional Court

02/04/2021

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.  

53264/21

01/10/2021

Olga Sergeyevna YELSAKOVA

1978

Vladyka Oksana Anatolyevna

Arkhangelsk

Manifestation in support of A. Navalny

 

Arkhangelsk

 

16/01/2021

article 20.2 § 2 of CAO

45 hours of community service

Arkhangelsk Regional Court

01/04/2021

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.  

57562/21

07/11/2021

Sharafdzhon Mukimdzhonovich SOBIROV

1984

Zboroshenko Nikolay Sergeyevich

Mytishchi

Manifestation in support of I. Amon

 

Moscow

 

02/04/2021

article 20.2 § 5 of CAO

fine of RUB 5,000

Moscow City Court

13/07/2021

Art. 5 (1) - unlawful detention - Arrest and detention on 02/04/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity (raised in the administrative proceedings);

 

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.  

57565/21

07/11/2021

Murodali Makhmadnaimovich SALIMOV

1999

Zboroshenko Nikolay Sergeyevich

Mytishchi

Manifestation in support of I. Amon

 

Moscow

 

02/04/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

13/07/2021

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

 

Art. 5 (1) - unlawful detention - Arrest and detention on 02/04/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity (raised on appeal in the administrative proceedings)

4,000

  1.  

58164/21

05/11/2021

Mariya Alekseyevna SMIRNOVA

1988

Zboroshenko Nikolay Sergeyevich

Mytishchi

Picket in support of A. Navalnyy

 

Moscow

 

19/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

25/08/2021

Art. 5 (1) - unlawful detention - Arrest and detention 19/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity (raised on appeal in the administrative proceedings)

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - administrative fine of RUB 10,000, 25/08/2021, Moscow City Court

4,000

  1.  

1435/22

21/12/2021

Aleksandr Andreyevich YARKIN

2002

Gilmanov Mansur Idrisovich

Podolsk

March of Russian nationalists

 

Moscow

 

04/11/2020

article 20.2 § 6.1 of CAO

fine of RUB 20,000

Moscow City Court

27/09/2021

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

 

Art. 5 (1) - unlawful detention - Arrest and detention on 04/11/2020 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable on the spot to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity

4,000

  1.  

7143/22

31/01/2022

Svyatoslav Andreyevich LEKONTSEV

2002

Zhdanov Ivan Yuryevich

Vilnius

Manifestation in support of A. Navalnyy

 

Perm

 

21/04/2021

 

 

 

 

 

article 20.2 § 5 of CAO

fine of RUB 10,000

Perm Regional Court

25/08/2021

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.  

8108/22

18/01/2022

Anastasiya Olegovna GOMENYUK

1986

Chashchilova Mariya Valeryevna

Moscow

Manifestation in support of A. Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

27/10/2021

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

 

Art. 5 (1) - unlawful detention - Arrest and detention from 11.50 a.m. to midnight on 31/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO); both complaints were raised on appeal

4,000

  1.  

8587/22

14/01/2022

Sergey Aleksandrovich SMIRNOV

2000

Zinovyev Konstantin Mikhaylovich

Nizhniy Novgorod

Manifestation in support of A. Navalnyy

 

Nizhny Novgorod

 

31/01/2021

article 20.2 § 6.1 of CAO

fine of RUB 5,000

Nizhny Novgorod Regional Court

15/07/2021

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

 

Art. 5 (1) - unlawful detention - Arrest and detention on from 12.30 p.m. to 6.30 p.m. on 31/01/2021 Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO); both complaints were raised on appeal.

4,000

  1.  

8599/22

14/01/2022

Vyacheslav Vyacheslavovich ISAKOV

1974

Zinovyev Konstantin Mikhaylovich

Nizhniy Novgorod

Manifestation in support of A. Navalnyy

 

Nizhny Novgorod

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 5,000

Nizhny Novgorod Regional Court

15/07/2021

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

 

Art. 5 (1) - unlawful detention - Arrest and detention from 12.30 p.m. to 8 p.m. on 31/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO); both complaints were raised on appeal

4,000

  1.  

12376/22

24/02/2022

Manzar Shokhimboyevich YUSUPOV

1985

Prosvirkina Kseniya Dmitriyevna

Moscow

Demonstration in support of I. Amon

 

Moscow

 

02/04/2021

 

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

27/08/2021

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.  

12869/22

17/02/2022

Andrey Valeryevich KRAVTSOV

1984

Sivoldayev Ilya Vladimirovich

Voronezh

Manifestation in support of A. Navalnyy

 

Voronezh

 

21/04/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Voronezh Regional Court

17/08/2021

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.  

13120/22

17/02/2022

Igor Aleksandrovich GREKOV

1994

Memorial Human Rights Centre

Moscow

Manifestation in support of A. Navalnyy

 

Voronezh

 

21/04/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Voronezh Regional Court

23/08/2021

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

 

Art. 5 (1) - unlawful detention - Arrest and detention on 21/04/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; raised on appeal

 

 

 

4,000

  1.  

13124/22

17/02/2022

Aleksey Sergeyevich FILIPPOV

1989

Memorial Human Rights Centre

Moscow

Manifestation in support of A. Navalnyy

 

Ivanovo

 

21/04/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Ivanovo Regional Court

23/08/2021

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

 

Art. 5 (1) - unlawful detention - Arrest and detention on 21/04/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; raised on appeal

4,000

  1.  

13126/22

17/02/2022

Lev Robertovich PUSHNOV

1963

Memorial Human Rights Centre

Moscow

Manifestation in support of A. Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

fine of RUB 15,000

Moscow City Court

23/09/2021

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

 

Art. 5 (1) - unlawful detention - Arrest and detention on 31/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; raised on appeal

4,000

  1.  

13540/22

31/01/2022

Andrey Denisovich BOKAREV

1997

Bannikov Ruslan Yuryevich

Voronezh

Manifestation in support of A. Navalnyy

 

Voronezh

 

21/04/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Voronezh Regional Court

28/09/2021

Art. 5 (1) - unlawful detention - arrest and detention on 21/04/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; raised on appeal

 

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.  

19137/22

26/03/2022

Tazret Sergeyevich TEDEYEV

1991

 

 

Manifestation in support of A. Navalnyy

 

Moscow

 

02/02/2021

article 20.2 § 6.1 of CAO

fine of RUB 10,000

Moscow City Court

27/09/2021

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

 

Art. 5 (1) - unlawful detention - arrest and detention on 02/02/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable on the spot to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO e.g. to establish the suspect's identity; raised on appeal

4,000

  1.  

28513/22

13/05/2022

Nadezhda Leonidovna ZAGORDAN

1984

Tregubova Yuliya Mikhaylovna

Balashikha

Manifestation in support of A. Navalnyy

 

Moscow

 

23/01/2021

 

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

17/11/2021

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.  

29348/22

14/05/2022

Stepan Vladimirovich SAMOYLENKO

1993

Baranova Natalya Andreyevna

Moscow

Manifestation in support of A. Navalnyy

 

Moscow, Manezh Square and Tverskaya Street

 

21/04/2021

 

 

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

15/11/2021

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

 

Art. 5 (1) - unlawful detention - arrest and detention on 22/05/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; raised on appeal

4,000

  1.  

30755/22

06/03/2022

Aleksandr Nikolayevich KOLOSOV

1981

Memorial Human Rights Centre

Moscow

"Political performance" in support of "The Other Russia" political party of E. Limonov

 

St Petersburg

 

29/07/2021

article 20.2 § 2 of CAO

administrative detention of 3 days

St Petersburg City Court

07/09/2021

Art. 5 (1) - unlawful detention - Arrest and detention on 29/07/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; raised on appeal;

 

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

 

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant on 30/07/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO

 

5,000

  1.  

5090/23

13/01/2023

Aleksandr Yevgenyevich SHAPOSHNIKOV

2003

 

Demonstration in memory of Boris Nemtsov

 

Moscow

 

27/02/2022

article 20.2 § 5 of CAO

fine of RUB 15,000

Moscow City Court

13/09/2022

Art. 5 (1) - unlawful detention - Arrest and detention from 5.45 p.m. on 27/02/2022 to 2.55 a.m. on 28/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO); raised on appeal;

 

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


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/eu/cases/ECHR/2024/218.html