GORODILOV AND OTHERS v. RUSSIA - 75194/17 (Article 11 - Freedom of assembly and association : Fourth Section Committee) [2024] ECHR 411 (14 May 2024)

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FOURTH SECTION

CASE OF GORODILOV AND OTHERS v. RUSSIA

(Applications nos. 75194/17 and 39 others -

see appended list)

 

 

 

 

 

 

JUDGMENT

 

STRASBOURG

14 May 2024

 

 

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

 


In the case of Gorodilov 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 11 April 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, and having taken into account the issue of compliance with the six-month time-limit under Article 35 § 1 of the Convention (see Saakashvili v. Georgia (dec.), nos. 6232/20 and 22394/20, §§ 46-59, 1 March 2022, in which the Court addressed the COVID-19-related extension of the period in question), 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 (CAO); Novikova and Others v. Russia, nos. 25501/07 and 4 others, §§ 106-225, 26 April 2016, relating to disproportionate measures taken by the authorities against participants of solo demonstrations; Elvira Dmitriyeva v. Russia, nos. 60921/17 and 7202/18, §§ 77-90, 30 April 2019, as to administrative conviction for making calls to participate in public assemblies; 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 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 14 May 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.    

75194/17

19/10/2017

Timofey Yevgenyevich GORODILOV

1994

Peredruk Aleksandr Dmitriyevich

St Petersburg

Anti-corruption rally

 

St Petersburg

12/06/2017

 

 

 

 

Rally against increase of prices for public transport

 

St Petersburg

10/11/2019

article 19.3 § 1 of CAO

 

 

article 20.2 § 5 of CAO

 

 

 

article 20.2 § 2 of CAO

detention for 8 days

 

 

fine of RUB 12,000

 

 

fine of RUB 20,000

St Petersburg City Court

16/06/2017

 

St Petersburg City Court

06/07/2017

 

 

St Petersburg City Court

06/10/2020

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all 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, in relation to the rally on 12/06/2017 (Art. 19.3 § 1 of CAO).

5,000

  1.    

2420/18

23/12/2017

Mark Daniilovich LYUBAROV

1994

Markin Konstantin Aleksandrovich

Velikiy Novgorod

Anti-corruption rally

 

St Petersburg

12/06/2017

article 19.3 § 1 of CAO

 

 

article 20.2 § 5 of CAO

fine of RUB

500

 

fine of RUB 10,000

St Petersburg City Court

27/06/2017

 

St Petersburg City Court

27/06/2017

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 3.55 p.m. on 12/06/2017 until the afternoon 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. 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).

4,000

  1.    

2828/18

17/11/2017

Sergey Nikolayevich YEFREMOV

1995

Peredruk Aleksandr Dmitriyevich

St Petersburg

Anti-corruption rally

 

St Petersburg

12/06/2017

article 19.3 § 1 of CAO

 

 

article 20.2 § 5 of CAO

fine of RUB

1,000

 

fine of RUB 10,000

St Petersburg City Court

28/06/2017

 

St Petersburg City Court

28/06/2017

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 the evening 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. 20.2 § 5 CAO) with substantially the same facts underlying her conviction in the first set of proceedings (Art. 19.3 § 1 CAO).

4,000

  1.    

3016/18

29/12/2017

Nikita Aleksandrovich SAMARIN

1994

Mezak Ernest Aleksandrovich

Saint-Barthélemy-d'Anjou

Anti-corruption rally

 

St Petersburg

12/06/2017

article 19.3 § 1 of CAO

 

 

article 20.2 § 5 of CAO

fine of RUB 500

 

 

fine of RUB 10,000

St Petersburg City Court

29/06/2017

 

St Petersburg City Court

29/06/2017

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 3 p.m. on 12/06/2017 until the evening 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. 20.2 § 5 CAO) with substantially the same facts underlying his conviction in the first set of proceedings (Art. 19.3 § 1 CAO).

4,000

  1.    

3149/18

27/12/2017

Vladimir Vyacheslavovich FEDOROV

1989

Pyshkin Valentin Valentinovich

St Petersburg

Anti-corruption rally

 

St Petersburg

12/06/2017

article 19.3 § 1 of CAO

 

 

 article 20.2 § 5 of CAO

fine of RUB

1,000

 

 fine of RUB 10,000

St Petersburg City Court

29/06/2017

 

St Petersburg City Court

29/06/2017

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

4,000

  1.    

3451/18

29/12/2017

Petr Andreyevich NECHAYEV

1975

Gromova Svetlana Viktorovna

St Petersburg

Anti-corruption rally

 

St Petersburg

12/06/2017

article 19.3 § 1 of CAO

 

 

 article 20.2 § 5 of CAO

fine of RUB

700

 

 fine of RUB 10,000

St Petersburg City Court

03/07/2017

 

St Petersburg City Court

03/07/2017

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 2.50 p.m. on 12/06/2017 until 11 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).

4,000

  1.    

3498/18

26/12/2017

Maksim Konstantinovich RASCHUPKIN

1996

Markin Konstantin Aleksandrovich

Velikiy Novgorod

Anti-corruption rally

 

St Petersburg

12/06/2017

article 19.3 § 1 of CAO

 

 

 article 20.2 § 5 of CAO

fine of RUB

500

 

 fine of RUB 10,000

St Petersburg City Court

03/07/2017

 

St Petersburg City Court

03/07/2017

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 11.34 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).

4,000

  1.    

4250/18

16/01/2018

Yuriy Eduardovich SHTENGEL

1968

Chertkov Andrey Veniaminovich

St Petersburg

Anti-corruption rally

 

St Petersburg

12/06/2017

 

 

article 19.3 § 1 of CAO

 

 

 

article 20.2 § 5 of CAO

detention for 7 days

 

 

 

fine of RUB 15,000

St Petersburg City Court

25/07/2017

 

 

St Petersburg City Court

19/09/2017

 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 CAO) with substantially the same facts underlying his conviction in the first set of proceedings (Art. 19.3 § 1 CAO).

5,000

  1.    

4386/18

30/12/2017

Mikhail Gennadyevich KUNTSEVICH

1987

Peredruk Aleksandr Dmitriyevich

St Petersburg

Anti-corruption rally

 

St Petersburg

12/06/2017

article 19.3 § 1 of CAO

 

 

article 20.2 § 5 of CAO

fine of RUB

500

 

 fine of RUB 10,000

St Petersburg City Court

04/07/2017

 

St Petersburg City Court

04/07/2017

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 2 p.m. on 12/06/2017 until 7 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).

4,000

  1.  

7480/18

22/12/2017

Aleksandr Aleksandrovich KARMANOV

1988

Petrov Anton Viktorovich

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 10,000

 

detention for 6 days

St Petersburg City Court

27/07/2017

 

St Petersburg City Court

22/06/2017

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 CAO) with substantially the same facts underlying his conviction in the first set of proceedings (Art. 20.2 § 5 CAO).

5,000

  1.  

30560/18

14/06/2018

Aleksandr Valeryevich BALASHOV

1993

Antokhin Yevgeniy Vyacheslavovich

Moscow

Political march

 

Moscow

04/11/2017

Article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

26/01/2018

Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 04/11/2017;

 

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.  

30832/18

07/06/2018

Viktor Lvovich CHERKASSKIY

1993

Peredruk Aleksandr Dmitriyevich

St Petersburg

Rally "Voters' strike"

 

St Petersburg

28/01/2018

article 20.2 § 5 of CAO

 

 

article 19.3 § 1 of CAO

fine of RUB

15,000

 

detention for 10 days

St Petersburg City Court

10/05/2018

 

St Petersburg City Court

29/03/2018

 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 7.20 p.m. on 12/03/2018 until 13/03/2018, 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. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 13/03/2018 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO;

 

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.  

47190/18

28/09/2018

Yevgeniy Viktorovich TIKHENKO

1979

Bayeva Aleksandra Nikolayevna

Moscow

Political rally

 

Moscow

05/11/2017

 

 

Rally "Free Navalnyy"

 

Moscow

31/01/2021

article 19.3 § 1 of CAO

 

 

 

 

article 20.2 § 8 of CAO

fine of RUB 1,000

 

 

 

 

detention for 20 days

Moscow City Court

28/03/2018

 

 

 

Moscow City Court

09/02/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 12 p.m. on 05/11/2017 until 2.30 p.m. on 07/11/2017 and from 3 p.m. on 31/01/2021 until 5 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 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.  

47513/18

27/09/2018

Yelena Vladimirovna NOSKOVETS

1984

Chernyavskaya Andzhelika Viktorovna

Oktyabrskiy

Rally to support A. Navalnyy and L. Volkov

 

Novosibirsk

30/09/2017

article 20.2 § 5 of CAO

fine of RUB 5,000

Novosibirsk Regional Court

27/03/2018

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 1.05 p.m. on 22/01/2021 until 23/01/2021, 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 all sets of administrative-offence proceedings;

 

 Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 23/01/2021 in Novosibirsk, Article 20.2 § 2 of CAO, detention for 8 days, final decision by the Novosibirsk Regional Court on 18/03/2021.

5,000

  1.  

20840/19

02/04/2019

Tatyana Sergeyevna SICHKAREVA

1998

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 10,000

St Petersburg City Court

02/10/2018

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

 

 

3,500

  1.  

20843/19

02/04/2019

Aleksandr Sergeyevich AKSHENTSEV

1986

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 10,000

St Petersburg City Court

16/10/2018

Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 04/08/2018;

 

 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.  

22093/19

16/04/2019

Mariya Nikolayevna CHUPRINSKAYA

1980

Kiselyov Roman Denisovich

Moscow

Rally to support O. Sentsov

 

Moscow

18/06/2018

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

16/10/2018

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 5.20 p.m. until 8.20 p.m. on 18/06/2018;

 

 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.  

25176/19

23/04/2019

Yan Aleksandrovich KSENZHEPOLSKIY

2000

Sidorkina Svetlana Ivanovna

Moscow

"Monstration" manifestation

 

Tver

01/05/2018

Article 20.2 § 1 of CAO

fine of RUB 10,000

Tver Regional Court

30/01/2019

 

3,500

  1.  

49639/19

04/09/2019

Bulat Rifkatovich KHASANOV

1998

Belozerov Aleksey Sergeyevich

St Petersburg

Rally to support the accused in "Novoye Velichiye" and "Set" criminal cases

 

St Petersburg

28/10/2018

article 20.2.2

 § 1 of CAO

fine of RUB 10,000

St Petersburg City Court

09/04/2019

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 3.30 p.m. on 28/10/2018 until the afternoon on 29/10/2018;

 

 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.  

53406/19

04/10/2019

Yevgeniy Yevgenyevich YEKATERININ

1981

Dubinin Nikolay Anatolyevich

Moscow

Rally to support "political prisoners"

 

Moscow

13/05/2019

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

12/08/2019

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 9.20 p.m. on 13/05/2019 until 14/05/2019;

 

 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.  

55228/19

07/10/2019

Artem Igorevich UKHOV

1989

Glukhov Aleksey Vladimirovich

Novocheboksarsk

Rally for fair elections to Mosgorduma

 

Moscow

10/08/2019

article 20.2 § 8 of CAO

detention for 10 days

Moscow City Court

15/08/2019

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 8 p.m. on 10/08/2019 until 4.50 p.m. on 12/08/2019;

 

 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.  

56943/19

22/10/2019

Sergey Vladimirovich URBAN

1986

Borisova Alena Sergeyevna

Moscow

Political rally

 

Izhevsk

24/02/2019

article 20.2 § 8 of CAO

40 hours of community work

Supreme Court of the Udmurtia Republic

22/04/2019

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.  

63851/19

20/11/2019

Yakov Borisovich TSYGANKOV

1967

Kachanov Roman Yevgenyevich

Yekaterinburg

Protest against construction of the cathedral

 

Yekaterinburg

14/05/2019

article 20.2 § 8 of CAO

detention for 10 days

Sverdlovsk Regional Court

21/05/2019

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.  

64319/19

04/12/2019

Ivan Pavlovich VOLKOV

1978

Kachanov Roman Yevgenyevich

Yekaterinburg

Protest against construction of the cathedral

 

Yekaterinburg

04/06/2019

article 20.2 § 2 of CAO

detention for 9 days

Sverdlovsk Regional Court

07/06/2019

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 7 p.m. on 04/06/2019 until 1.45 p.m. on 05/06/2019;

 

 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.  

9177/20

07/02/2020

Yuriy Vladimirovich BREDELEV

1993

Ryzhov Anton Igorevich

Moscow

Rally in support of LGBTI community in Chechnya

 

Moscow

11/10/2019

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

04/12/2019

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.40 p.m. until 10.50 p.m. on 11/10/2019;

 

 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.  

11316/20

12/02/2020

Marina Vitalyevna SHAPOSHNIKOVA

1963

Bontsler Mariya Vladimirovna

Kaliningrad

Rally to support doctor Sushkevich

 

Kaliningrad

06/07/2019

article 20.2 § 5 of CAO

fine of RUB 10,000

 

Kaliningrad Regional Court

15/08/2019

 

3,500

  1.  

38040/20

25/09/2020

Rostislav SMOLENSKIY

1978

Pryanishnikov Aleksey Aleksandrovich

Tomsk

Rally to support S. Furgal

 

Khabarovsk

25/07/2020

 

 

Rally to support S. Furgal

 

Khabarovsk

29/08/2020

article 20.2

§ 6.1 of CAO

 

 

 

 

 

article 20.2 § 8 of CAO

detention for 8 days

 

 

 

 

 

detention for 15 days

Khabarovsk Regional Court

30/07/2020

 

 

 

Khabarovsk Regional Court

10/09/2020

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 12.30 p.m. on 30/08/2020 until 11.30 a.m. on 31/08/2020 and on 03/09/2020;

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 6.1 of CAO.

 

 

5,000

  1.  

43262/20

25/09/2020

Samariddin Sadridinovich RADZHABOV

1998

Lazareva Yekaterina Yevgenyevna

Moscow

Rally to support I. Azar

 

Moscow

05/06/2020

 

 

Rally "Free Navalnyy"

 

Moscow

03/02/2021

article 20.2 § 8 of CAO

 

 

 

 

 

article 20.2

§ 6.1 of CAO

detention for 18 days

 

 

 

 

 

detention for 10 days

Moscow City Court

18/06/2020

 

 

 

 

Moscow City Court

08/02/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 6 p.m. on 09/06/2020 until 1 p.m. on 10/06/2020 and from 2 a.m. until 8 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 all sets of administrative-offence proceedings;

 

 Art. 10 (1) - disproportionate measures against solo demonstrators - the applicant was fined RUB 300,000 under article 20.2 § 8 of CAO for staging a solo demonstration on 05/06/2020 in Moscow (convicted under Article 20.2 § 8 of CAO for repeated breach of rules on public events, final decision by the Moscow City Court on 02/03/2021).

8,000

  1.  

44743/20

04/09/2020

Marlen Emirovich DZHEMILEV

1963

Kogan Vanessa

Moscow

Rally to support Crimean Tatars and members of Hizb ut-Tahrir

 

Moscow

11/07/2019

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

04/12/2019

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.20 p.m. until 4.20 p.m. on 11/07/2019;

 

 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.  

48440/20

02/11/2020

Aleksey Veniaminovich ROMANOV

1971

Pryanishnikov Aleksey Aleksandrovich

Tomsk

Rally to support S. Furgal

 

Khabarovsk

11/07/2020

article 20.2

§ 6.1 of CAO

detention for 7 days

Khabarovsk Regional Court

05/08/2020

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.  

52879/20

13/11/2020

Larisa Gennadyevna KUCHEROVA

1961

Peredruk Aleksandr Dmitriyevich

St Petersburg

Boris Nemtsov commemoration event

 

St Petersburg

29/02/2020

article 20.2 § 5 of CAO

fine of RUB 10,000

St Petersburg City Court

11/08/2020

Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 12/03/2020;

 

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.  

55370/20

21/11/2020

Svetlana Nikolayevna KOVALETS

1973

Peredruk Aleksandr Dmitriyevich

St Petersburg

Protest against amendments to the Constitution

 

St Petersburg

15/03/2020

article 20.2 § 5 of CAO

fine of RUB 10,000

St Petersburg City Court

01/09/2020

 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.20 p.m. until 8.48 p.m. on 15/03/2020;

 

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.  

1864/21

07/12/2020

Matvey Alekseyevich ALEKSANDROV

2000

Eysmont Mariya Olegovna

Moscow

Rally to support Ilya Azar

 

Moscow

05/06/2020

article 20.2 § 8 of CAO

detention for 18 days

Moscow City Court

11/06/2020

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report on 05/06/2020 and from 5.50 p.m. on 08/06/2020 until 1.25 p.m. on 09/06/2020;

 

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

 

 Art. 10 (1) - disproportionate measures against solo demonstrators - the applicant was fined RUB 300,000 for staging a solo demonstration by participating in a "picketing line" in the evening on 05/06/2020 in Moscow, after the rally on the same day (convicted under Article 20.2 § 8 of CAO for repeated breach of rules on public events, final decision by the Moscow City Court on 30/10/2020).

8,000

  1.  

12567/21

15/02/2021

Oleg Dmitriyevich DZUTSEV

1991

Eysmont Mariya Olegovna

Moscow

Rally to support Ilya Azar

 

Moscow

05/06/2020

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

08/09/2020

Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 05/06/2020 and on 08/06/2020;

 

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

 

 Art. 10 (1) - disproportionate measures against solo demonstrators - the applicant was fined RUB 15,000 for staging a solo demonstration by participating in a "picketing line" in the evening on 05/06/2020 in Moscow, after the rally on the same day (convicted under Article 20.2 § 5 of CAO for participation in the unauthorised public event, final decision by the Moscow City Court on 30/10/2020).

4,000

  1.  

19233/21

22/03/2021

Mikhail Vladimirovich KUMIN

1977

Lepekhin Andrey Gennadyevich

Chelyabinsk

Rally to support the governor of Khabarovsk Region S. Furgal

 

Miass

25/07/2020

 

 

Rally "Free Navalnyy"

 

Miass

23/01/2021

article 20.2 § 2 of CAO

 

 

 

 

 

 

 

article 19.3 § 1 of CAO

fine of RUB 20,000

 

 

 

 

 

 

detention for 6 days

Chelyabinsk Regional Court

23/09/2020

 

 

 

 

 

Chelyabinsk Regional Court

29/01/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 3.10 p.m. on 23/01/2021 until 11.05 a.m. on 25/01/2021;

 

 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.

5,000

  1.  

24401/21

17/04/2021

Nikita Aleksandrovich KARAYEV

1986

Cherkasov Vitaliy Viktorovich

St Petersburg

Rally to support S. Furgal

 

Khabarovsk

02/09/202

 

Rally to support S. Furgal

 

Khabarovsk

09/09/2020

 

Rally to support S. Furgal

 

Khabarovsk

07/11/2020

article 20.2

§ 6.1 of CAO

 

 

 

 

article 20.2

§ 6.1 of CAO

 

 

 

 

article 20.2 § 8 of CAO

fine of RUB 10,000

 

 

 

fine of RUB 10,000

 

 

 

detention for 7 days

Khabarovsk Regional Court

10/11/2020

 

 

Khabarovsk Regional Court

01/03/2021

 

 

Khabarovsk Regional Court

18/11/2020

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 3 p.m. on 07/11/2020 until 12.20 p.m. on 09/11/2020 and from 9.45 p.m. on 12/01/2021 until 10.11 a.m. on 13/01/2021;

 

 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 6.1 (which ended with final decisions taken on 10/11/2020 and 01/03/2021 respectively);

 

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.  

26614/21

21/04/2021

Madina Shirvanovna PETRENKO

1973

Bubon Konstantin Vladimirovich

Khabarovsk

Rally to support S. Furgal

 

Khabarovsk

03/08/2020

 

 

Rally to support S. Furgal

 

Khabarovsk

09/08/2020

 

 

Rally to support S. Furgal

 

Khabarovsk

04/09/2020

 

 

Rally to support S. Furgal

 

Khabarovsk

11/09/2020

 

Rally to support S. Furgal

 

Khabarovsk

15/09/2020

article 20.2

§ 6.1 of CAO

 

 

 

 

 

article 20.2

§ 6.1 of CAO

 

 

 

 

 

article 20.2

§ 6.1 of CAO

 

 

 

 

 

article 20.2

§ 6.1 of CAO

 

 

 

 

article 20.2

§ 6.1 of CAO

fine of RUB 10,000

 

 

 

 

fine of RUB 10,000

 

 

 

 

fine of RUB 10,000

 

 

 

 

fine of RUB 10,000

 

 

 

fine of RUB 10,000

Khabarovsk Regional Court

03/12/2020

 

 

 

Khabarovsk Regional Court

22/10/2020

 

 

 

Khabarovsk Regional Court

27/10/2020

 

 

 

Khabarovsk Regional Court

06/05/2021

 

 

Khabarovsk Regional Court

25/11/2020

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 12 p.m. on 24/03/2021 until 25/03/2021, when the applicant was taken to the court.

5,000

  1.  

28576/21

02/06/2021

Denis Viktorovich KORZH

1999

Memorial Human Rights Centre

Moscow

Rally "Free Navalnyy"

 

Moscow

23/01/2021

 

 

Rally "Free Navalnyy"

 

Moscow

02/02/2021

article 20.2 § 5 of CAO

 

 

 

 

 

article 20.2 § 5 of CAO

fine of RUB 20,000

 

 

 

 

fine of RUB 10,000

Moscow City Court

18/03/2021

 

 

 

 

Moscow City Court

16/04/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station from 1.09 p.m. until 8 p.m. on 23/01/2021 and from 10.45 p.m. on 02/02/2021 until 3.45 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 both sets of administrative-offence proceedings.

5,000

 

  1.  

33575/21

22/06/2021

Pavel Gennadyevich OSIPOV

1998

Markin Konstantin Aleksandrovich

Velikiy Novgorod

Rally "Free Navalnyy"

 

Novgorod

23/01/2021

article 20.2 § 2 of CAO

fine of RUB 20,000

Novgorod Regional Court

18/02/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station from 2.39 p.m. on 23/01/2021 until 4 p.m. on 24/01/2021;

 

 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.  

36969/21

16/07/2021

Yegor Andreyevich GROL

1993

Memorial Human Rights Centre

Moscow

Rally "Free Navalnyy"

 

Saratov

23/01/2021

 

 

Rally "Free Navalnyy"

 

Saratov

31/01/2021

article 20.2 § 5 of CAO

 

 

 

 

 

article 20.2 § 5 of CAO

fine of RUB 12,000

 

 

 

 

fine of RUB 12,000

Saratov Regional Court

04/06/2021

 

 

 

Saratov Regional Court

04/06/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4 p.m. until 7.30 p.m. on 31/01/2021;

 

 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.

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/2024/411.html