POGORELOVA AND OTHERS v. RUSSIA - 44147/21 (Article 11 - Freedom of assembly and association : Fourth Section Committee) [2024] ECHR 266 (28 March 2024)

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Cite as: [2024] ECHR 266

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FOURTH SECTION

CASE OF POGORELOVA AND OTHERS v. RUSSIA

(Applications nos. 44147/21 and 27 others -

see appended list)

 

 

 

 

 

 

JUDGMENT

 

STRASBOURG

28 March 2024

 

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


In the case of Pogorelova and Others v. Russia,

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

 Branko Lubarda, President,
 Armen Harutyunyan,
 Ana Maria Guerra Martins, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 7 March 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 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); and 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.

  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 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 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 28 March 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

 Viktoriya Maradudina Branko Lubarda
 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.    

44147/21

30/08/2021

Yuliya Aleksandrovna POGORELOVA

1994

Memorial Human Rights Centre

Moscow

Rally "Free Navalnyy"

 

Tambov

 

31/01/2021

article 20.2 § 6.1 of CAO

detention for 6 days

Tambov Regional Court

01/03/2021

Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 31/01/2021 for compiling administrative offence record and detention at the police station between 1:20 p.m. on 31/01/2021 and 4:40 p.m. on 01/02/2021 - detained for more than three hours after the offence record was drawn up, without any justification;

 

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.    

44501/21

11/08/2021

Andrey Aleksandrovich RUMYANTSEV

1994

Memorial Human Rights Centre

Moscow

Rally "Free Navalnyy"

 

Moscow

 

02/02/2021

article 20.2 § 6.1 of CAO

detention for 12 days

Moscow City Court

11/02/2021

Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 02/02/2021 for compiling administrative offence record and detention at the police station between 11:20 p.m. on 02/02/2021 and 7:00 p.m. on 03/03/2021 - detained for more than three hours after the offence record was drawn up, without any justification,

 

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.    

44514/21

17/08/2021

Aleksandr Alekseyevich PUSHIN

1996

Memorial Human Rights Centre

Moscow

Rally "Free Navalnyy"

 

Moscow

 

02/02/2021

article 20.2 § 6.1 of CAO

detention for 7 days

Moscow City Court

05/02/2021

(received by the applicant on 02/06/2021)

Art. 5 (1) - unlawful deprivation of liberty -escorting to the police station on 02/02/2021 for compiling administrative offence record and detention at the police station between 10:30 p.m. on 02/02/2021 and 4:30 p.m. on 03/02/2021 - detained for more than three hours after the offence record was drawn up, without any justification

 

 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.    

44580/21

27/08/2021

Alisher Khakimbekovich BEKNAZAROV

1985

Pershakova Yelena Yuryevna

Moscow

Rally "Free Navalnyy"

 

Moscow

31/01/2021

article 20.2 § 6.1 of CAO

fine of RUB 10,000

Moscow City Court

06/04/2021

Art. 5 (1) - unlawful deprivation of liberty -escorting to the police station on 31/01/2021 for compiling administrative offence record and detention at the police station between 3:30 p.m. on 31/01/2021 and 12:35 p.m. on 02/02/2021 - detained for more than three hours after the offence record was drawn up, without any justification,

 

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.    

44794/21

27/08/2021

Lev Borisovich NIKOLSKIY

1998

Pershakova Yelena Yuryevna

Moscow

Rally "Free Navalnyy"

 

Moscow

 

02/02/2021

article 20.2 § 6.1 of CAO

fine of RUB 10,000

Moscow City Court

24/03/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 11.30 p.m. on 02/02/2021 and 9:50 a.m. om 03/02/2021;

 

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.    

44807/21

27/08/2021

Veniamin Sergeyevich ORLYANSKIY

1981

Pershakova Yelena Yuryevna

Moscow

Rally "Free Navalnyy"

 

Moscow

 

02/02/2021

article 20.2 § 6.1 of CAO

detention for 5 days

Moscow City Court

30/03/2021

Art. 5 (1) - unlawful deprivation of liberty - escorting to and detention at the police station for compiling an offence record between 11.30 p.m. on 02/02/2021 and 9:15 a.m. on 03/02/2021,

 

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.    

44883/21

25/07/2021

Pavel Grigoryevich YAKUSHIN

1995

Aksenova Darya Dmitriyevna

Kolomna

Rally "Free Navalnyy"

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

detention for 6 days

Moscow City Court

06/04/2021

Art. 5 (1) - unlawful deprivation of liberty - escorting to and detention at the police station for compiling an offence record between 2:00 p.m. on 31/01/2021 and the morning of 01/02/2021,

 

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.    

44892/21

12/08/2021

Kirill Vladimirovich ALESHIN

1994

Memorial Human Rights Centre

Moscow

Rally "Free Navalnyy"

 

Moscow

31/01/2021

article 20.2 § 6.1 of CAO

detention for 12 days

Moscow City Court

19/05/2021

Art. 5 (1) - unlawful deprivation of liberty - escorting to and detention at the police station for compiling an offence record between 1:15 p.m. on 31/01/2021 and 2:30 p.m. on 02/02/2021,

 

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.    

44906/21

12/08/2021

Darya Andreyevna ZIMINA

1996

Memorial Human Rights Centre

Moscow

Rally "Free Navalnyy"

 

Moscow

 

02/02/2021

article 20.2 § 6.1 of CAO

detention for 15 days

Moscow City Court

12/02/2021

Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 02/02/2021 for compiling administrative offence record and detention at the police station between 11:05 p.m. on 02/02/2021 and 7:00 p.m. on 03/02/2021 - detained for more than three hours after the offence record was drawn up, without any justification,

 

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.  

44910/21

12/08/2021

Nikita Sergeyevich KARPENKO

1995

Memorial Human Rights Centre

Moscow

Rally "Free Navalnyy"

 

Moscow

 

02/02/2021

article 20.2 § 6.1 of CAO

detention for 10 days

Moscow City Court

12/02/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 11.00 p.m. on 02/02/2021 and 5:00 p.m. on 03/02/2021,

 

 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.  

44979/21

30/08/2021

Dmitriy Gennadyevich NAUMOV

1987

Pershakova Yelena Yuryevna

Moscow

Rally "Free Navalnyy"

 

Moscow

 

02/02/2021

article 20.2 § 6.1 of CAO

detention for 10 days

Moscow City Court

06/04/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 11.00 p.m. on 02/02/2021 and 9:00 a.m. on 03/02/2021,

 

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.  

44988/21

11/08/2021

Yegor Aleksandrovich IVANOV

2002

Nurgaleyev Danil Ilnurovich

Kazan

Rally "Free Navalnyy"

 

Kazan

 

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Supreme Court of the Tatarstan Republic

28/04/2021

Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 23/01/2021 for compiling administrative offence record,

 

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.  

45020/21

11/08/2021

Aleksey Leonidovich BRAYNIN

1973

Nurgaleyev Danil Ilnurovich

Kazan

Rally "Free Navalnyy"

 

Kazan

 

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Supreme Court of the Tatarstan Republic

14/04/2021

Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 23/01/2021 for compiling administrative offence record; and detention at the police station between 3:45 p.m. on 23/01/2021 and 2:00 p.m. on 24/01/2021 - detained for more than three hours after the offence record was drawn up, without any justification.

5,000

  1.  

45024/21

11/08/2021

Tatyana Yuryevna SOKOLOVSKAYA

1975

Nurgaleyev Danil Ilnurovich

Kazan

Rally "Free Navalnyy"

 

Kazan

 

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Supreme Court of the Tatarstan Republic

14/04/2021

Art. 5 (1) - unlawful deprivation of liberty -escorting to the police station on 23/01/2021 for compiling administrative offence record and detention at the police station between 3:45 p.m. and 9:21 p.m. on 23/01/2021 - detained for more than three hours after the offence record was drawn up, without any justification

4,000

  1.  

45194/21

27/08/2021

Ivan Alekseyevich LAGASHIN

1991

Pershakova Yelena Yuryevna

Moscow

Rally "Free Navalnyy"

 

Moscow

 

02/03/2021

article 20.2 § 6.1 of CAO

detention for 5 days

Moscow City Court

02/04/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 0:26 and 9:25 a.m. on 03/02/2021,

 

 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.  

45200/21

27/08/2021

Alena Aleksandrovna PAVLOVA

2001

Pershakova Yelena Yuryevna

Moscow

Rally "Free Navalnyy"

 

Moscow

 

02/02/2021

article 20.2 § 6.1 of CAO

detention for 10 days

Moscow City Court

24/03/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 11:47 p.m. on 02/02/2021 and noon on 03/02/2021,

 

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.  

46399/21

07/08/2021

Kirilla Igorevna LABINTATLO

1993

Memorial Human Rights Centre

Moscow

Rally "Free Navalnyy"

 

Moscow

 

02/02/2021

article 20.2 § 6.1 of CAO

detention for 5 days

Moscow City Court

06/04/2021

Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 02/02/2021 for compiling administrative offence record and detention at the police station between 11:30 p.m. on 02/02/2021 and 7:00 p.m. on 03/02/2021 - detained for more than three hours after the offence record was drawn up, without any justification,

 

 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.  

46690/21

07/08/2021

Dmitriy Borisovich RUMSHINSKIY

1970

Memorial Human Rights Centre

Moscow

Rally "Free Navalnyy"

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

detention for 8 days

Moscow City Court

26/03/2021

Art. 5 (1) - unlawful deprivation of liberty -escorting to the and detention at the police station between 2:48 p.m. on 31/01/2021 and 12:45 p.m. on 01/02/2021,

 

 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.  

47031/21

07/09/2021

Lyudmila Ruslanovna PCHELKINA

1991

Memorial Human Rights Centre

Moscow

Rally "Free Navalnyy"

 

St Petersburg

 

31/01/2021

article 20.2.2 § 1 of CAO

fine of RUB 10,000

St Petersburg City Court

16/03/2021

Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 31/01/2021 for compiling administrative offence record and detention at the police station between 1:50 p.m. on 31/01/2021 and 7:50 p.m. on 01/02/2021 - detained for more than three hours after the offence record was drawn up, without any justification,

 

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.  

47139/21

02/09/2021

Aleksey Andreyevich GUNYASHOV

1992

Memorial Human Rights Centre

Moscow

Rally "Free Navalnyy"

 

St. Petersburg

 

31/01/2021

article 20.2 § 6.1 of CAO

detention for 7 days

St Petersburg City Court

02/03/2021

Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 31/01/2021 for compiling administrative offence record and detention at the police station between 1:50 p.m. on 31/01/2021 and 3:10 p.m. on 01/02/2021 - detained for more than three hours after the offence record was drawn up, without any justification,

 

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.  

47152/21

07/09/2021

Viktor Vasilyevich TIM

1997

Memorial Human Rights Centre

Moscow

Rally "Free Navalnyy"

 

Tula

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 14,000

Tula Regional Court

29/03/2021

Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 31/01/2021 for compiling administrative offence record and detention at the police station between 12:20 p.m. and 5:20 p.m. on 31/01/2021 - detained for more than three hours after the offence record was drawn up, without any justification,

 

 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.  

26850/22

05/05/2022

Sabina Umirgaliyevna ZHOLTAYEVA

2002

Kabirov Rushan Rafisovich

Kazan

Anti-war rally

 

Kazan

 

27/02/2022

article 20.2 § 8 of CAO

detention for 3 days

Supreme Court of the Tatarstan Republic

02/03/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 5:31 p.m. on 27/02/2022 and 28/02/2022, when the applicant was taken to court for a hearing of her case,

 

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.  

29705/22

12/05/2022

Zhanna Andreyevna OSIPOVA

1999

Ibragimov Rushan Zubairovich

Astrakhan

Rally "Free Navalnyy"

 

Moscow

 

21/04/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

13/12/2021

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.  

37042/22

15/07/2022

Aleksandr Vasilyevich MILEV

1956

Mangileva Vera Borisovna

Yekaterinburg

Anti-war rally

 

Yekaterinburg

 

24/02/2022

article 20.2 § 2 of CAO

detention for 9 days

Sverdlovsk Regional Court

02/03/2022

(received by the applicant on 21/03/2021)

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 2:30 p.m. on 24/02/2022 and the evening of 25/02/2022,

 

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.  

40717/22

12/08/2022

Andrey Leonidovich GRINGAUZ

1977

Kuroptev Aleksey Mikhaylovich

Balashikha

Anti-war rally

 

St Petersburg

 

27/02/2022

article 20.2.2 § 1 of CAO

detention for 9 days

St Petersburg City Court

14/04/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 8:00 p.m. on 27/02/2022 and 5:20 p.m. on 28/02/2022,

 

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.

4,000

  1.  

40941/22

08/08/2022

Timur Olegovich ZAVGORODNIY

1990

Dadayeva Yekaterina Viktorovna

St Petersburg

Anti-war rally

 

St Petersburg

 

02/04/2022

article 20.2 § 6.1 of CAO

detention for 7 days

St Petersburg City Court

08/04/2022

Art. 5 (1) - unlawful deprivation of liberty - escorting to and detention at the police station for compiling an offence record between 3:45 p.m. on 02/04/2022 and 12:30 p.m. on 03/04/2022,

 

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.  

41278/22

11/08/2022

Pavel Viktorovich KHOLKIN

1969

Kapustin Vladimir Yakovlevich

Yekaterinburg

Anti-war rally

 

Yekaterinburg

 

06/03/2022

article 20.2 § 5 of CAO

fine of RUB 12,000

Sverdlovsk Regional Court

01/06/2022

 

 

3,500

  1.  

44809/22

12/09/2022

Sofya Olegovna LEN

1998

Mezak Ernest Aleksandrovich

Saint-Barthélemy-d'Anjou

Anti-war rally

 

St Petersburg

 

02/03/2022

article 20.2.2 § 1 of CAO

fine of RUB 10,000

St Petersburg City Court

24/05/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 7:40 p.m. on 02/03/2022 and evening of 03/03/2022,

 

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.


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URL: http://www.bailii.org/eu/cases/ECHR/2024/266.html