PAPULIN AND OTHERS v. RUSSIA - 40133/21 (Article 11 - Freedom of assembly and association : First Section Committee) [2024] ECHR 330 (11 April 2024)

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Cite as: [2024] ECHR 330

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FIRST SECTION

CASE OF PAPULIN AND OTHERS v. RUSSIA

(Applications nos. 40133/21 and 43 others -

see appended list)

 

 

 

 

 

 

JUDGMENT
 

STRASBOURG

11 April 2024

 

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


In the case of Papulin and Others v. Russia,

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

 Lətif Hüseynov, President,
 Ivana Jelić,
 Erik Wennerström, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 21 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. They also raised other complaints under the provisions of the Convention and its Protocol.

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. LOCUS STANDI in application no. 41953/21


7.  Following the death of the applicant, Ms Bondarenko (application no. 41953/21), her daughter, Ms Elena Vladimirovna Pikalova, expressed her wish to pursue the application on behalf of the deceased applicant (see the appended table).


8.  The Court reiterates that where an applicant dies during the examination of a case, his or her heirs or close relatives may in principle pursue the application on his or her behalf (see Ječius v. Lithuania, no. 34578/97, § 41, ECHR 2000-IX, and concerning, more specifically, complaints under Article 11 of the Convention, Savenko and Others v. Russia, no. 13918/06, § 52, 14 September 2021, and references cited therein). In the present case, the applicant's daughter submitted documents confirming that she was the applicant's heir. In these circumstances, the Court considers that Ms Pikalova has a legitimate interest in pursuing the application in place of her late mother.


9.  In the light of the above, the Court accepts that Ms Pikalova has a legitimate interest in pursuing the application in place of her deceased mother. It will therefore continue to deal with the case at her request. For convenience, however, it will continue to refer to Ms Bondarenko as the applicant in the present judgment.

  1. ALLEGED VIOLATION OF ARTICLE 11 OF THE CONVENTION


10.  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.


11.  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).


12.  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.


13.  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".


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

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


15.  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.


16.  Having examined all the material before it, the Court concludes that these complaints also disclose violations of the Convention and its Protocol 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


17.  Some applicants raised further additional complaints under Article 6 of the Convention concerning the fairness of the administrative-offence proceedings. In view of the findings in paragraphs above, the Court considers that there is no need to deal separately with these remaining complaints.

  1. APPLICATION OF ARTICLE 41 OF THE CONVENTION


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

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

  1. Decides to join the applications;
  2. Holds that it has jurisdiction to deal with the applicants' complaints as they relate to facts that took place before 16 September 2022;
  3. Holds that Ms Pikalova, the daughter of the applicant, Ms Bondarenko, in application no. 41953/21, has a legitimate interest in pursuing the application in place of her late mother;
  4. 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;
  5. Holds that these applications disclose a breach of Article 11 of the Convention;
  6. Holds that there has been a violation of the Convention and the Protocol thereto as regards the other complaints raised under the well-established case-law of the Court (see appended table);
  7. 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 11 April 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

 

 Viktoriya Maradudina Lətif Hüseynov
 Acting Deputy Registrar President

 

 


APPENDIX

List of applications raising complaints under Article 11 of the Convention

(disproportionate measures against organisers and participants of public assemblies)

No.

Application no.

Date of introduction

Applicant's name

Year of birth

Representative's name and location

Name of the public event

Location

Date

Administrative charges

Penalty

Final domestic decision

Court Name

Date

Other complaints under well-established case-law

Amount awarded for pecuniary and non-pecuniary damage per applicant

(in euros)[1]

  1.    

40133/21

28/07/2021

Aleksey Mikhaylovich PAPULIN

1992

Memorial Human Rights Centre

Moscow

Manifestation in support of Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

administrative detention of 4 days

Moscow City Court

03/02/2021

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 11.45 a.m. on 31/01/2021 to 2 p.m. on 01/02/2021 for the purpose of drawing up a record of administrative offence and bringing the applicant to the court hearing of his case on 01/02/2021, 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 - Final decision: Moscow City Court, 03/02/2021,

 

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 account of the lack of suspensive effect of an appeal under the CAO

5,000

  1.    

40135/21

28/07/2021

Dmitriy Vladimirovich GORBACHEV

1988

Memorial Human Rights Centre

Moscow

Manifestation in support of Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

administrative detention of 5 days

Moscow City Court

10/02/2021

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 3 p.m. on 31/01/2021 to 11 p.m. on 01/02/2021 for the sole purpose of drawing up an administrative offence record, no evidence that it could not have been done on the spot, held in detention after drawing up an administrative offence record, 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 - Final decision: Moscow City Court, 10/02/2021,

 

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the applicant started serving his sentence - administrative detention - before the appeal judgment was delivered

5,000

  1.    

40158/21

27/07/2021

Roman Andreyevich BORDUNOV

1993

Pomazuyev Aleksandr Yevgenyevich

Vilnius

Manifestation in support of Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

administrative detention of 13 days

Moscow City Court

09/02/2021

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 3 p.m. on 31/01/2021 to 6 p.m. on 01/02/2021 for the sole purpose of drawing up an administrative offence record, no evidence that it could not have been done on the spot, 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 - Final decision: Moscow City Court, 09/02/2021

5,000

  1.    

40194/21

27/07/2021

Oleg Vladimirovich LITVISHKO

1984

Aksenova Darya Dmitriyevna

Kolomna

Manifestation in support of Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

administrative detention of 10 days

Moscow City Court

18/03/2021

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 2.25 p.m. on 31/01/2021 to 02/02/2021 until the court hearing for the sole purpose of drawing up an administrative offence record, no evidence that it could not have been done on the spot, 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 - Final decision: Moscow City Court, 18/03/2021

5,000

  1.    

40197/21

27/07/2021

Anna Alekseyevna GRIGORYEVA

2000

Shindyapin Arkadiy Vitalyevich

Moscow

Manifestation in support of Navalnyy

 

Moscow

 

02/02/2021

article 20.2 § 6.1 of CAO

administrative detention of 5 days

Moscow City Court

05/02/2021

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 11.45 p.m. on 02/02/2021 to 03/02/2021 for the sole purpose of drawing up a record of administrative offence and for bringing the applicant to the court hearing of her case on 03/02/2021, 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 - Final decision: Moscow City Court, 05/02/2021,

 

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.    

40322/21

27/07/2021

Dmitriy Alekseyevich LOMP

1990

Aksenova Darya Dmitriyevna

Kolomna

Manifestation in support of 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 deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 3 p.m. on 31/01/2021 to 01/02/2021 for the sole purpose of drawing up an administrative offence record and for bringing the applicant to the court hearing, 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 - Final decision: Moscow City Court, 12/02/2021

5,000

  1.    

40464/21

27/07/2021

Yaroslav Ivanovich IVANOV

1982

Aksenova Darya Dmitriyevna

Kolomna

Manifestation in support of Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

18/03/2021

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 12.25 p.m. to unspecified time on 31/01/2021 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence, 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 - Final decision: Moscow City Court, 18/03/2021

4,000

  1.    

40511/21

30/07/2021

Alena Vladimirovna KUZINA

1999

Pershakova Yelena Yuryevna

Moscow

Manifestation in support of Navalnyy

 

Moscow

 

02/02/2021

article 20.2 § 6.1 of CAO

administrative detention of 4 days

Moscow City Court

05/02/2021

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 9 p.m. on 02/02/2021 to 3.30 p.m. on 03/02/2021 in excess of 3 hours for the purpose of drawing up a record of administrative offence and for bringing the applicant to the court hearing, 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 - Final decision: Moscow City Court, 05/02/2021,

 

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.    

41202/21

02/08/2021

Maksim Yuryevich IZHEDEROV

1996

Eysmont Mariya Olegovna

Moscow

Manifestation in support of Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

administrative detention of 10 days

Moscow City Court

04/02/2021

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 5.10 p.m. on 31/01/2021 to 4.50 p.m. on 01/02/2021 for the sole purpose of drawing up an administrative offence record, no evidence that it could not have been done on the spot, held in detention after drawing up an administrative offence record and until the court hearing, 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 - Final decision: Moscow City Court, 04/02/2021

5,000

  1.  

41233/21

06/08/2021

Ivan Mikhaylovich SHCHAPOV

1999

Memorial Human Rights Centre

Moscow

Manifestation in support of Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

administrative detention of 7 days

Moscow City Court

08/02/2021

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 08/02/2021,

 

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 account of the lack of suspensive effect of an appeal under the CAO

 

 

 

 

5,000

  1.  

41245/21

25/07/2021

Tatyana Ivanovna KOVRIZHNYKH

1999

Memorial Human Rights Centre

Moscow

Manifestation in support of Tsvetkova

 

Moscow

 

27/06/2020

article 20.2 § 5 of CAO

fine of RUB 15,000

Moscow City Court

26/01/2021

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 4.38 p.m. to 11.19 p.m. on 27/06/2020 for the sole purpose of drawing up an administrative offence record, no evidence that it could not have been done on the spot, 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 - Final decision: Moscow City Court, 26/01/2021

4,000

  1.  

41495/21

23/07/2021

Yevgeniya Andreyevna FROLOVA

1987

 

 

Manifestation in support of Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

administrative detention of 10 days

Moscow City Court

03/02/2021

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 5.15 p.m. on 31/01/2021 to 6 p.m. on 01/02/2021 for drawing up a record of administrative offence and for bringing the applicant to the court hearing, 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 - Final decision: Moscow City Court, 03/02/2021

5,000

  1.  

41680/21

09/08/2021

Fedor Ivanovich MALYSHEV

1996

 

 

Manifestation in support of Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

administrative detention of 10 days

Moscow City Court

09/02/2021

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest from 2.45 p.m. on 31/01/2021 to 3 p.m. on 01/02/2021 for the sole purpose of drawing up a record of administrative offence and for bringing the applicant to the court hearing, 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 - Final decision: Moscow City Court, 09/02/2021

 

 

5,000

  1.  

41953/21

30/07/2021

Valentina Yuryevna BONDARENKO

Born in 1958

Deceased in 2022

 

Heir:

Pikalova Elena

Vladimirovna

1987

 

Memorial Human Rights Centre

Moscow

Manifestation in support of Navalnyy

 

Pyatigorsk

 

31/01/2021

article 20.2.2 § 1 of CAO

administrative detention of 1 day

Stavropol Regional Court

31/03/2021

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 11.30 a.m. on 31/01/2021 to 5.00 p.m. on 01/02/2021 for the sole purpose of drawing up an administrative offence record, no evidence that it could not have been done on the spot, held in detention after drawing up an administrative offence record, 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 - Final decision: Stavropol Regional Court, 31/03/2021,

 

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the applicant started serving his sentence - administrative arrest - before the appeal judgment was delivered

5,000,

to be paid to the applicant's heir, Ms Elena Vladimirovna Pikalova

  1.  

42464/21

05/08/2021

Nikolay Yuryevich KABALIN

1996

Memorial Human Rights Centre

Moscow

Manifestation in support of Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

administrative detention of 5 days

Moscow City Court

11/02/2021

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 3.14 p.m. on 31/01/2021 to 7.35 p.m. on 01/02/2021 for the sole purpose of drawing up an administrative offence record, no evidence that it could not have been done on the spot; held in detention after drawing up an administrative offence record, 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 - Final decision: Moscow City Court, 11/02/2021,

 

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the applicant started serving his sentence - administrative arrest - before the appeal judgment was delivered

 

5,000

  1.  

42467/21

05/08/2021

Dmitriy Olegovich PETELIN

1999

Memorial Human Rights Centre

Moscow

Manifestation in support of Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

administrative detention of 11 days

Moscow City Court

05/02/2021

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 2.10 p.m. on 31/01/2021 to 2.45 p.m. on 01/02/2021 for the sole purpose of drawing up an administrative offence record, no evidence that it could not have been done on the spot, held in detention after drawing up an administrative offence record, raised on appeal,

 

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the applicant started serving his sentence - administrative detention - before the appeal judgment was delivered

5,000

  1.  

42982/21

16/08/2021

Oleg Igorevich KRYZHANOVSKIY

1989

Zhdanov Ivan Yuryevich

Vilnius

Manifestation in support of Navalnyy

 

Lipetsk

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Lipetsk Regional Court

25/02/2021

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest at 12.25 p.m. on 31/01/2021 for the sole purpose of drawing up an administrative offence record, no evidence that it could not have been done on the spot, 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 - Final decision: Lipetsk Regional Court, 25/02/2021

4,000

  1.  

43275/21

09/08/2021

Dmitriy Mikhaylovich KOZLOV

1992

Zyryanova Mariya Sergeyevna

St Petersburg

Manifestation in support of Navalnyy

 

St Petersburg

 

23/01/2021

article 20.2 § 6.1 of CAO

administrative detention of 10 days

St Petersburg City Court

11/02/2021

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 7.20 p.m. on 23/01/2021 to the day of court hearing on 24/01/2021 for the sole purpose of drawing up an administrative offence record, no evidence that it could not have been done on the spot, 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 - Final decision: St Petersburg City Court, 11/02/2021,

 

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The applicant started serving his sentence - administrative detention - before the appeal judgment was delivered

5,000

  1.  

43854/21

10/08/2021

Fedor Igorevich KIRILLOV

1998

Memorial Human Rights Centre

Moscow

Manifestation in support of Navalnyy

 

Moscow

 

02/02/2021

 

Manifestation against the war in Ukraine

 

Moscow

 

06/03/2022

article 20.2 § 6.1 of CAO

 

 

 

 

 

 

article 20.2 § 5 of CAO

administrative detention of 10 days

 

 

 

 

 

 

fine of RUB 10,000

Moscow City Court

10/02/2021

 

 

 

 

 

Moscow City Court

17/10/2022

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 11.20 p.m. on 02/02/2021 to 11.20 a.m. on 03/02/2021 and from 4.25 p.m. to 10.31 p.m. on 06/03/2022 for the sole purpose of drawing up an administrative offence record, no evidence that it could not be done on spot, 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 - Final decision: Moscow City Court, 10/02/2021,

 

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the applicant started serving his sentence - administrative detention - before the appeal judgment was delivered, proceedings ended on 10/02/2021 in the Moscow City Court

5,000

  1.  

45034/21

03/09/2021

Vladimir Valentinovich FILIPPENKO

1981

Zhdanov Ivan Yuryevich

Vilnius

Manifestation in support of Navalnyy

 

Magnitogorsk

 

31/01/2021

article 19.3 § 1 of CAO

fine of RUB 1,000

Chelyabinsk Regional Court

18/03/2021

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 12.20 p.m. on 31/01/2021 to 11.05 a.m. on 01/02/2021 for the sole purpose of drawing up a record of administrative offence and bringing the applicant to the court hearing, 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 - Final decision: Altay Regional Court, 18/03/2021

 

 

 

4,000

  1.  

45065/21

01/09/2021

Sergey Mikhaylovich KOBELEV

1979

Pomazuyev Aleksandr Yevgenyevich

Vilnius

Manifestation in support of Navalnyy

 

Barnaul

 

31/01/2021

article 20.2 § 6.1 of CAO

fine of RUB 10,000

Altay Regional Court

18/03/2021

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 12.15 p.m. on 31/01/2021 to 01/02/2021 until the court hearing for the sole purpose of drawing up an administrative offence record, no evidence that it could not be done on spot, 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 - Final decision: Altay Regional Court, 18/03/2021

4,000

  1.  

45703/21

19/08/2021

Raira Georgiyevna BAZMANI

2002

 

 

Manifestation in support of Navalnyy

 

Nizhniy Novgorod

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 5,000

Nizhniy Novgorod Regional Court

23/06/2021

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 12.30 p.m. to 7.30 p.m. on 31/01/2021 in excess of 3 hours for the sole purpose of drawing a record of administrative offence, no evidence that it could not be done on spot, 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 - Final decision: Nizhniy Novgorod Regional Court, 23/06/2021

4,000

  1.  

46693/21

03/09/2021

Viktor Yevgenyevich LEVAKOV

1966

Aksenova Darya Dmitriyevna

Kolomna

Manifestation in support of Navalnyy

 

Moscow

 

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

20/04/2021

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 6.15 p.m. on 23/01/2021 to 0.50 a.m. on 24/01/2021 in excess of 3 hours for the sole purpose of drawing a record of administrative offence, 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 - Final decision: Moscow City Court, 20/04/2021

 

4,000

  1.  

46997/21

15/09/2021

Yegor Yevgenyevich BYCHENKOV

2002

Zhdanov Ivan Yuryevich

Vilnius

Manifestation in support of Navalnyy

 

Vladimir

 

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Vladimir Regional Court

23/03/2021

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 3 p.m. on 23/01/2021 to 2.50 p.m. on 25/01/2021 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence, 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 - Final decision: Vladimir Regional Court, 23/03/2021

4,000

  1.  

47516/21

15/09/2021

Stanislav Andreyevich BUGAYEV

1994

Markin Konstantin Aleksandrovich

Velikiy Novgorod

Manifestation in support of Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

administrative detention of 10 days

Moscow City Court

18/03/2021

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 3 p.m. on 31/01/2021 to 2.19 p.m. on 01/02/2021 for the sole purpose of drawing up a record of administrative offence and bringing the applicant to the court hearing, 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 - Final decision: Moscow City Court, 18/03/2021,

 

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 account of the lack of suspensive effect of an appeal under the CAO

5,000

  1.  

47649/21

15/09/2021

Elvira Nikolayevna KUDRYASHOVA

1964

Protasov Vladimir Yuryevich

Yoshkar - Ola

Manifestation in support of Navalnyy

 

Yoshkar-Ola

 

23/01/2021

 

Manifestation in support of Navalnyy

 

Yoshkar-Ola

 

31/01/2021

article 20.2 § 5 of CAO

 

 

 

 

 

 

article 19.3 § 1 of CAO

fine of RUB 5,000

 

 

 

 

 

 

 

fine of RUB 500

Supreme Court of the Mariy El Republic

17/03/2021

 

 

 

Supreme Court of the Mariy El Republic

18/03/2021

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 12.10 p.m. on 31/01/2021 to 02/02/2021 until the court hearing for the purpose of drawing a record of administrative offence and bringing the applicant to the court hearing, raised on appeal

4,000

  1.  

48188/21

28/09/2021

Yefrosinya Sergeyevna KHARCHENKO

1998

 

 

Manifestation in support of Navalnyy

 

Moscow

 

02/02/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

02/04/2021

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 11.50 p.m. on 02/02/2021 till 3.59 a.m. on 03/02/2021 for the sole purpose of drawing up an administrative offence record, no evidence that it could not have been done on the spot, 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 - Final decision: Moscow City Court, 02/04/2021

4,000

  1.  

49382/21

22/09/2021

Mikhail Ruslanovich SOLODOVNIKOV

2002

Dubrovina Marina Alekseyevna

Novorossiysk

Manifestation in support of Navalnyy

 

Novorossiysk

 

31/01/2021

article 20.2.2 § 1 of CAO

fine of RUB 10,000

Krasnodar Regional Court

22/03/2021

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Krasnodar Regional Court, 22/03/2021

3,500

  1.  

49711/21

17/09/2021

Nadezhda Viktorovna LYYUROVA

1967

Kosnyrev Vladislav Vladimirovich

Syktyvkar

Manifestation in support of Navalnyy

 

Syktyvkar

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Supreme Court of the Komi Republic

17/03/2021

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 2.00 p.m. to 9.30 p.m. on 31/01/2021 for the sole purpose of drawing up an administrative offence record, no evidence that it could not have been done on the spot, 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 - Final decision: Supreme Court of the Komi Republic, 17/03/2021

4,000

  1.  

49918/21

21/09/2021

Yelena Vyacheslavovna TSOVINA

1964

Vasilyev Nikolay Vladimirovich

Moscow

Demonstration against the destruction of a park

 

Moscow

 

27/09/2020

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

22/03/2021

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 22/03/2021

3,500

  1.  

50123/21

23/09/2021

Konstantin Mikhaylovich VOROVICH

1991

Shindyapin Arkadiy Vitalyevich

Moscow

Manifestation in support of Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 15,000

Moscow City Court

27/05/2021

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 2.30 p.m. on 31/01/2021 to 01/02/2021 for the sole purpose of drawing up an administrative offence record and bringing the applicant to the court hearing, 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 - Final decision: Moscow City Court, 27/05/2021

4,000

  1.  

50154/21

23/09/2021

Yekaterina Vladimirovna ZUBKOVA

1969

Pomazuyev Aleksandr Yevgenyevich

Vilnius

Manifestation in support of Navalnyy

 

Ukhta

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Supreme Court of the Republic of Komi

31/03/2021

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrested at about 1 p.m. on 31/01/2021 and held at a police station for more than 4 hours, 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 - Final decision: Moscow City Court, 31/03/2021

4,000

  1.  

50163/21

23/09/2021

Stepan Glebovich PYANYKH

1994

Shindyapin Arkadiy Vitalyevich

Moscow

Manifestation in support of Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

27/05/2021

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 2.30 p.m. to 9 p.m. on 31/01/2021 for the sole purpose of drawing up an administrative offence record and bringing the applicant to the court hearing, 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 - Final decision: Moscow City Court, 27/05/2021

4,000

  1.  

50219/21

24/09/2021

Alina Aleksandrovna KOLESOVA

1998

Dubrovina Marina Alekseyevna

Novorossiysk

Manifestation in support of Navalnyy

 

Pyatigorsk

 

31/01/2021

article 20.2.2 § 1 of CAO

fine of RUB 10,000

Krasnodar Regional Court

24/03/2021

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Krasnodar Regional Court, 24/03/2021

3,500

  1.  

50225/21

23/09/2021

Sergey Aleksandrovich KALINKIN

1987

Zinovyev Konstantin Mikhaylovich

Nizhniy Novgorod

Manifestation in support of Navalnyy

 

Nizhniy Novgorod

 

31/01/2021

article 20.2 § 6.1 of CAO

fine of RUB 12,000

Nizhniy Novgorod Regional Court

24/03/2021

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Nizhniy Novgorod Regional Court, 24/03/2021

3,500

  1.  

50546/21

24/09/2021

Aleksey Leonidovich SIVAKS

1983

Seleznev Stanislav Aleksandrovich

Samara

Manifestation in support of Navalnyy

 

Samara

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Samara Regional Court

22/04/2021

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 2.05 p.m. to 4.40 p.m. on 31/01/2021 for the sole purpose of drawing up a record of administrative offence, 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 - Final decision: Samara Regional Court, 22/04/2021

 

 

 

4,000

  1.  

50609/21

29/09/2021

Vladimir Andreyevich IVANOV

1984

Dubrovina Marina Alekseyevna

Novorossiysk

Manifestation in support of Navalnyy

 

Anapa

 

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 20,000

Krasnodar Regional Court

29/03/2021

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 2.30 p.m. to 8.10 p.m. on 23/01/2021 for the sole purpose of drawing up an administrative offence record, no evidence that it could not have been done on the spot, 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 - Final decision: Krasnodar Regional Court, 29/03/2021

4,000

  1.  

51115/21

01/10/2021

Yelena Vladimirovna ORLOVA

2000

Sirosh Fedor Yevgenyevich

Moscow

Manifestation in support of Navalnyy

 

Moscow

 

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 13,000

Moscow City Court

02/04/2021

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 7 p.m. on 23/01/2021 to 24/01/2021 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence, 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 - Final decision: Moscow City Court, 02/04/2021

4,000

  1.  

51119/21

01/10/2021

Dmitriy Iosifovich KUZICHEV

1984

Sirosh Fedor Yevgenyevich

Moscow

Manifestation in support of Navalnyy

 

Moscow

 

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

02/04/2021

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 7 p.m. on 23/01/2021 to 24/01/2021 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence, 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 - Final decision: Moscow City Court, 02/04/2021

 

 

 

4,000

  1.  

51295/21

29/09/2021

Erik Eduardovich RAY

1999

Memorial Human Rights Centre

Moscow

Manifestation in support of Navalnyy

 

Moscow

 

03/02/2021

article 20.2 § 6.1 of CAO

administrative detention of 10 days

Moscow City Court

08/02/2021

(received on 30/03/2021)

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 0.15 p.m. to 4.00 p.m. on 03/02/2021 for the sole purpose of drawing up an administrative offence record, no evidence that it could not have been done on the spot, 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 - Final decision: Moscow City Court, 08/02/2021 (received on 30/03/2021),

 

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the applicant started serving his sentence - administrative detention - before the appeal judgment was delivered

5,000

  1.  

51676/21

24/09/2021

Yekaterina Vladimirovna OKONOVENKO

1996

Sidelnikova Polina Aleksandrovna

Vladivostok

Manifestation in support of Furgal

 

Vladivostok

 

18/07/2020

article 20.2 § 5 of CAO

fine of RUB 10,000

Primorye Regional Court

29/03/2021

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Primorye Regional Court, 29/03/2021

3,500

  1.  

51761/21

15/10/2021

Maksim Pavlovich RODIONOV

1980

Zhdanov Ivan Yuryevich

Vilnius

Manifestation in support of Navalnyy

 

Vladimir

 

31/01/2021

 

 

 

article 20.2 § 5 of CAO

fine of RUB 10,000

Vladimir Regional Court

27/04/2021

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Vladimir Regional Court, 27/04/2021

3,500

  1.  

51776/21

15/10/2021

Kirill Viktorovich KUZNETSOV

1997

Zhdanov Ivan Yuryevich

Vilnius

Manifestation in support of Navalnyy

 

Kazan

 

31/01/2021

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, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 1.20 p.m. on 31/01/2021 to 01/02/2021 until the court hearing for the sole purpose of drawing up an administrative offence record, no evidence that it could not have been done on the spot, raised on appeal

4,000

  1.  

52037/21

13/10/2021

Aleksey Valeyevich AYSIN

1991

Valenkov Andrey Olegovich

Nizhniy Novgorod

Manifestation in support of Navalnyy

 

Nizhniy Novgorod

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Nizhniy Novgorod Regional Court

15/04/2021

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Nizhniy Novgorod Regional Court, 15/04/2021

3,500

 

 


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


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URL: http://www.bailii.org/eu/cases/ECHR/2024/330.html