BORISOVA AND OTHERS v. RUSSIA - 53913/15 (Article 11 - Freedom of assembly and association : Third Section Committee) [2024] ECHR 238 (21 March 2024)

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Cite as: [2024] ECHR 238

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THIRD SECTION

CASE OF BORISOVA AND OTHERS v. RUSSIA

(Applications nos. 53913/15 and 24 others -

see appended list)

 

 

 

 

 

 

JUDGMENT

 

STRASBOURG

21 March 2024

 

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


In the case of Borisova and Others v. Russia,

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

 Peeter Roosma, President,
 Ioannis Ktistakis,
 Andreas Zünd, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 22 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. 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.  The 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); Kasparov and Others v. Russia (no. 2), no. 51988/07, §§ 48-51, 13 December 2016, relating to the unfairness of the proceedings under the CAO due to the inability to present evidence supporting the assembly participant's version of events; Elvira Dmitriyeva v. Russia, nos. 60921/17 and 7202/18, §§ 77-90, 30 April 2019, as to administrative convictions for making calls to participate in public events; mutatis mutandis, Tatár and Fáber v. Hungary, nos. 26005/08 and 26160/08, §§ 36-42, 12 June 2012, concerning restrictions on acts constituting a form of political expression; 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; and 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.

  1. REMAINING COMPLAINTS


14.  Some applicants raised further additional complaints under Article 6 of the Convention concerning other aspects of fairness of the administrative-offence proceedings. In view of the findings in paragraphs 10 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 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 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 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 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 21 March 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

 

 Viktoriya Maradudina Peeter Roosma
 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 and costs and expenses per applicant

(in euros)[1]

  1.    

53913/15

19/10/2015

Yelena Gennadyevna BORISOVA

1985

Zboroshenko Nikolay Sergeyevich

Mytishchi

Protest in defence of citizen's rights

 

Moscow

 

01/02/2015

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

12/05/2015

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.    

73381/17

05/10/2017

Anastasiya Ilyinichna VASILYEVA

1996

Glukhov Aleksey Vladimirovich

Novocheboksarsk

Meeting with voters

 

Cheboksary

 

29/08/2020

article 20.2 § 5 of CAO

fine of

RUB 10,000

Supreme Court of the Chuvashia Republic

16/03/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 3.20 p.m. on 05/02/2021 until 8.32 a.m. on 06/02/2021;

 

 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;

 

 Art. 10 (1) - various restrictions on the right to freedom of expression - the applicant together with three other persons was fined RUB 20,000 under Article 20.2 § 2 of the CAO for having publicly displayed a banner "You will not kill everyone, you will not imprison everyone" accompanied by lighting flares at the bridge in Cheboksary on 25/02/2017 (final decision taken on 13/04/2017 by the Supreme Court of the Chuvashia Republic).

 

4,000

  1.    

84539/17

14/12/2017

Denis Viktorovich UVAROV

1987

Terekhov Konstantin Ilyich

Moscow

Anti-corruption rally

 

St Petersburg

 

12/06/2017

article 19.3 § 1 of CAO;

 

article 20.2 § 5 of CAO

detention for 10 days;

 

 fine of RUB 10,000

St Petersburg City Court

16/06/2017

(both sets of proceedings)

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. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant in terms of administrative-offence proceedings under Article 19.3 § 1 of the CAO was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.

5,000

  1.    

84562/17

14/12/2017

Aleksandr Sergeyevich KOVALENKOV

1986

Terekhov Konstantin Ilyich

Moscow

Anti-corruption rally

 

St Petersburg

 

12/06/2017

article 19.3 § 1 of CAO;

 

 

article 20.2 § 5 of CAO

detention for 10 days;

 

 

fine of RUB 10,000

St Petersburg City Court

20/06/2017;

 

St Petersburg City Court

11/07/2017

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 3.25 p.m. on 12/06/2017 until afternoon on 13/06/2017, when the applicant was taken to the court;

 

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

 

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant in terms of administrative-offence proceedings under Article 19.3 § 1 of the CAO was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.

5,000

  1.    

84567/17

14/12/2017

Aleksandr Aleksandrovich BARANOV

1983

Terekhov Konstantin Ilyich

Moscow

Anti-corruption rally

 

Moscow

 

12/06/2017

article 19.3 § 1 of CAO

detention for 10 days

Moscow City Court

15/06/2017

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 6.30 p.m. on 12/06/2017 until 10 a.m. on 13/06/2017;

 

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

 

 

5,000

  1.    

1310/18

14/12/2017

Mark Aleksandrovich ABRAMOV

 

Peredruk Aleksandr Dmitriyevich

St Petersburg

Anti-corruption rally

 

St Petersburg

 

12/06/2017

article 20.2 § 5 of CAO;

 

 

article 19.3 § 1 of CAO

fine of RUB 15,000;

 

 

detention for 5 days

St Petersburg City Court 29/06/2017;

 

St Petersburg City Court 16/06/2017

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 2.30 p.m. on 12/06/2017 until 6.30 p.m. on 13/06/2017;

 

 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of 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 in the second set of proceedings (Art. 19.3 § 1 of CAO) with substantially the same facts underlying his conviction in the first set of proceedings (Art. 20.2 § 5 of CAO).

5,000

  1.    

3610/18

23/12/2017

Olesya Valeryevna KHRISTOSENKO

1997

Popkov Aleksandr Vasilyevich

Sochi

Anti-corruption rally

 

Sochi

 

12/06/2017

 

Rally to support Navalnyy

 

Sochi

 

07/10/2017

 

 

 

article 20.2

§ 6.1 of CAO

 

 

 

 

 

article 20.2 § 8 of CAO

detention for 7 days

 

 

 

 

 

detention for 8 days

Krasnodar Regional Court

12/07/2017

 

 

 

Krasnodar Regional Court

02/11/2017

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

 

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

5,000

  1.    

3617/18

23/12/2017

Valeriy Paatayevich TUAYEV

1993

Popkov Aleksandr Vasilyevich

Sochi

Anti-corruption rally

 

Sochi

 

12/06/2017

 

Opposition protest

 

Sochi

 

26/03/2018

article 20.2 § 6.1 of CAO

 

 

 

 

 

article 20.2 § 8 of CAO

detention for 10 days

 

 

 

 

 

detention for 20 days

Krasnodar Regional Court

23/06/2017

 

 

 

Krasnodar Regional Court

19/04/2018

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

 

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

 

 

5,000

  1.    

3622/18

23/12/2017

Sergey Nikolayevich LOMAN

1971

Popkov Aleksandr Vasilyevich

Sochi

Anti-corruption rally

 

Sochi

 

12/06/2017

article 20.2

§ 6.1 of CAO

detention for 10 days

Krasnodar Regional Court

23/06/2017

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 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.

5,000

  1.  

4821/18

09/12/2017

Roman Viktorovich RUBANOV

1980

Zhdanov Ivan Yuryevich

Vilnius

Anti-corruption rally

 

Moscow

 

12/06/2017

 

 

 

article 19.3 § 1 of CAO

detention for 10 days

Moscow City Court

19/06/2017

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.  

5246/18

03/01/2018

Anna Aleksandrovna IVANOVA

1991

Terekhov Konstantin Ilyich

Moscow

Anti-corruption rally

 

St Petersburg

 

12/06/2017

article 20.2 § 5 of CAO;

 

article 19.3 § 1 of CAO

fine of RUB 10,000;

 

detention for 7 days

St Petersburg City Court

06/07/2017 (both sets of proceedings)

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 2.25 p.m. on 12/06/2017 until 3 p.m. on 13/06/2017;

 

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

 

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

5,000

  1.  

5280/18

08/01/2018

Aleksey Gennadyevich BUDKIN

1984

Terekhov Konstantin Ilyich

Moscow

Anti-corruption rally

 

St Petersburg

 

12/06/2017

article 20.2 § 5 of CAO;

 

article 19.3 § 1 of CAO

fine of RUB 10,000;

 

 detention for 7 days

St Petersburg City Court

27/07/2017 (both sets of proceedings

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 2.53 p.m. on 12/06/2017 until afternoon on 14/06/2017;

 

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

 

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

5,000

  1.  

24905/18

18/05/2018

Nikita Sergeyevich PAVLOV

1991

Zinovyev Konstantin Mikhaylovich

Nizhniy Novgorod

Rally to support A. Navalnyy

 

Nizhniy Novgorod

 

29/09/2017

article 20.2 § 5 of CAO

fine of RUB 15,000

Nizhniy Novgorod Regional Court

23/11/2017

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

3,500

  1.  

39376/18

09/08/2018

 

Ilya Sergeyevich DANILOV

1989

 

 

Rally to support A. Navalnyy

 

Lipetsk

 

28/01/2018

article 20.2 § 8 of CAO

detention for 20 days

Lipetsk Regional Court

12/02/2018

Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 23/01/2021;

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of administrative-offence proceedings (under Article 20.2 § 8 and Article 20.2 § 2 of the CAO);

 

Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 23/01/2021, Article 20.2 § 2 of CAO, detention for 10 days, final decision 28/01/2021 Lipetsk Regional Court;

 

Prot.7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant in the administrative-offence 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.

5,000

  1.  

50845/18

10/10/2018

Aleksandr Andreyevich TEREVERKO

1993

Zhdanov Ivan Yuryevich

Vilnius

Political rally

 

Voronezh

 

05/05/2018

article 20.2 § 5 of CAO;

 

 article 19.3 § 1 of CAO

fine of RUB 10,000;

 

detention for 2 days

Voronezh Regional Court

26/06/2018 (both sets of proceedings)

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 7.35 p.m. on 05/05/2018 until 06/05/2018, when the applicant was taken to the court;

 

 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of 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 in the second set of proceedings (Art. 19.3 § 1 of CAO) with substantially the same facts underlying his conviction in the first set of proceedings (Art. 20.2 § 5 of the CAO).

 

5,000

  1.  

53841/18

25/10/2018

Maksim Igorevich KOSTAREV

1985

Peredruk Aleksandr Dmitriyevich

St Petersburg

Political rally

 

St Petersburg

 

05/05/2018

article 19.3 § 1 of CAO;

 

 

article 20.2 § 5 of CAO

detention for 10 days;

 

 

 20 hours of community work

St Petersburg City Court 11/05/2018

 

St Petersburg City Court 10/01/2019

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 5.50 p.m. on 05/05/2018 until 9.15 a.m. on 06/05/2018;

 

 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of 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 in the second set of proceedings (Art. 20.2 § 5 of CAO) with substantially the same facts underlying his conviction in the first set of proceedings (Art. 19.3 § 1 of CAO).

5,000

  1.  

57432/18

21/11/2018

Mariya Arkadyevna PECHISHCHEVA

1994

Mikhaylova Varvara Dmitriyevna

St Petersburg

Political rally

 

St Petersburg

 

05/05/2018

article 20.2 § 5 of CAO;

 

 

article 19.3 § 1 of CAO

fine of RUB 10,000;

 

 

detention for 3 days

St Petersburg City Court 29/05/2018;

 

St Petersburg City Court

22/05/2018

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 5.40 p.m. on 05/05/2018 until 07/05/2018, when the applicant was taken to the court;

 

 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of 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 in the second set of proceedings (Art. 19.3 § 1 of CAO) with substantially the same facts underlying his conviction in the first set of proceedings (Art. 20.2 § 5 of CAO).

5,000

  1.  

3834/19

29/12/2018

Rostislav Sergeyevich CHULEVSKIY

1995

Popkov Aleksandr Vasilyevich

Sochi

Political rally

 

Krasnodar

 

05/05/2018

article 20.2 § 5 of CAO;

 

article 19.3 § 1 of CAO

fine of RUB 10,000;

 

detention for 1 day

Krasnodar Regional Court

04/07/2018

Art. 5 (1) - unlawful detention - escorting to and detention at the police station from 6.45 p.m. on 05/05/2018 until 10 a.m. on 06/05/2018;

 

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

5,000

  1.  

4263/19

13/12/2018

Denis Andreyevich SHAKHOV

1999

Zhdanov Ivan Yuryevich

Vilnius

Political rally

 

St Petersburg

 

05/05/2018

article 20.2 § 5 of CAO;

 

 article 19.3 § 1 of CAO

fine of RUB 10,000;

 

 fine of RUB 700

St Petersburg City Court

26/06/2018 (both sets of proceedings)

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.55 p.m. on 05/05/2018 until 3.30 a.m. on 06/05/2018;

 

 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of 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 in the second set of proceedings (Art. 19.3 § 1 of CAO) with substantially the same facts underlying his conviction in the first set of proceedings (Art. 20.2 § 5 of CAO).

4,000

  1.  

5293/19

13/12/2018

Ivan Aleksandrovich MILGUNOV

1999

Zhdanov Ivan Yuryevich

Vilnius

Political rally

 

Voronezh

 

05/05/2018

article 20.2 § 5 of CAO;

 

article 19.3 § 1 of CAO

fine of

RUB 10,000;

 

detention for 4 days

Voronezh Regional Court

25/06/2018 (both sets of proceedings)

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 5.47 p.m. on 05/05/2018 until 06/05/2018, when the applicant was taken to the court;

 

 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of 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 in the second set of proceedings (Art. 19.3 § 1 of CAO) with substantially the same facts underlying his conviction in the first set of proceedings (Art. 20.2 § 5 of CAO).

 

 

 

 

 

5,000

  1.  

6638/19

21/01/2019

Aleksandr Nikolayevich ZINOV

1983

Zhdanov Ivan Yuryevich

Vilnius

Political rally

 

Kaluga

05/05/2018

article 19.3 § 1 of CAO;

 

 

 

article 20.2.2

§ 1 of CAO

fine of

RUB 500;

 

 

 

 fine of

RUB 5,000

Kaluga Regional Court 16/08/2018

 

Kaluga Regional Court 21/08/2018

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.10 p.m. until 5.49 p.m. on 05/05/2018;

 

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

4,000

  1.  

17161/19

11/03/2019

Irina Igorevna SIGOVA

1988

Mikhaylova Kseniya Andreyevna

St Petersburg

Rally in support of LGBTI community

 

St Petersburg

 

04/08/2018

article 20.2 § 5 of CAO

fine of

RUB 15,000

St Petersburg City Court

11/09/2018

Art. 6 (1) - unfair trial in administrative offence proceedings - various deficiencies of the administrative offence proceedings (domestic courts declined to consider and review the video recording, which would have demonstrated that the applicant did not participate in the unauthorised rally).

3,500

  1.  

18240/19

22/03/2019

 

Aleksey Yuryevich VORSIN

1987

Glushkova Tatyana Sergeyevna

Moscow

Rally in support of S. Furgal

 

Khabarovsk

 

25/07/2020

article 20.2

§ 6.1 of CAO

detention for 10 days

Khabarovsk Regional Court

27/10/2020

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 4.55 p.m. on 15/08/2020 until 17/08/2020, when the applicant was taken to the court;

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings under Article 20.2 § 8 (final decision 04/10/2018) and Article 20.2 § 6.1 of the CAO (final decision 27/10/2020);

 

Art. 10 (1) - conviction for making calls to participate in public events - 1) rally to support A. Navalnyy and S. Furgal on 23/01/2021, Article 20.2 § 8 of the CAO, fine of RUB 150,000, final decision on 24/02/2021 by the Khabarovsk Regional Court;

2) protest against retirement age hike on 09/09/2018, Article 20.2 § 8 of the CAO, detention for 15 days, final decision on 04/10/2018 by the Khabarovsk Regional Court.

7,000

  1.  

31913/19

29/05/2019

Oleg Aleksandrovich YELANCHIK

1990

 

 

Protest against the war in Ukraine

 

Moscow

 

06/03/2022

article 20.2 § 5 of CAO

fine of

RUB 20,000

Moscow City Court

29/07/2022

Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 06/03/2022;

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings under Article 17.3 § 2 of the CAO (final decision taken by the Dorogomilovskiy District Court of Moscow on 23/01/2019).

 

4,000

  1.  

57166/19

16/10/2019

Isropil Mikailovich NALGIYEV

1990

Agaltsova Marina Vladimirovna

Moscow

Protest against change of borders between Ingushetia and Chechnya

 

Magas

 

25/03/2019

article 20.2 § 5 of CAO

fine of

RUB 20,000

Supreme Court of the Ingushetia Republic

13/06/2019

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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