PETROV AND OTHERS v. RUSSIA - 2523/21 (Article 11 - Freedom of assembly and association : First Section Committee) [2024] ECHR 204 (07 March 2024)


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European Court of Human Rights


You are here: BAILII >> Databases >> European Court of Human Rights >> PETROV AND OTHERS v. RUSSIA - 2523/21 (Article 11 - Freedom of assembly and association : First Section Committee) [2024] ECHR 204 (07 March 2024)
URL: http://www.bailii.org/eu/cases/ECHR/2024/204.html
Cite as: [2024] ECHR 204

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FIRST SECTION

CASE OF PETROV AND OTHERS v. RUSSIA

(Applications nos. 2523/21 and 48 others -

see appended list)

 

 

 

 

 

JUDGMENT

 

STRASBOURG

7 March 2024

 

 

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

 


In the case of Petrov 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 8 February 2024,

Delivers the following judgment, which was adopted on that date:

PROCEDURE


1.  The case originated in applications against Russia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") on the various dates indicated in the appended table.


2.  The Russian Government ("the Government") were given notice of the applications.

THE FACTS


3.  The list of applicants and the relevant details of the applications are set out in the appended table.


4.  The applicants complained of the disproportionate measures taken against them as organisers or participants of public assemblies. They also raised other complaints under the provisions of the Convention and Protocol thereto.

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. Standing of the applicant's wife to pursue application no. 2523/21


7.  Following Mr Petrov's death, his wife, Mrs Natalya Aleksandrovna Chekavtseva, expressed the wish to pursue the application.


8.  The Court reiterates that, in cases in which an applicant died after having lodged an application, it has taken into account the statements of the applicant's heirs or of close family members expressing the wish to pursue the proceedings before the Court. For the Court's assessment of the person's standing to maintain the application on behalf of a deceased, what is important is not whether the rights at issue are transferable to the heirs but whether the victim made a choice to exercise his or her right of individual application under Article 34 of the Convention by activating the Convention mechanism (see Ergezen v. Turkey, no. 73359/10, § 29, 8 April 2014). The Court has accepted that the next-of-kin or heir may in principle pursue the application, provided that he or she has sufficient interest in the case (see Centre for Legal Resources on behalf of Valentin Câmpeanu v. Romania [GC], no. 47848/08, § 97, ECHR 2014). In this connection, the Court reiterates that human rights cases before it generally have a moral dimension and persons near to an applicant may thus have a legitimate interest in ensuring that justice is done, even after the applicant's death (see Malhous v. the Czech Republic (dec.) [GC], no. 33071/96, ECHR 2000 XII).


9.  In view of the above and having regard to the circumstances of the present case, the Court accepts that Mrs Chekavtseva has a legitimate interest in pursuing the application in the late applicant's stead. It will therefore continue dealing with the case at her request. For convenience, it will, however, continue referring to Mr Petrov 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, 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-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".


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.  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.


16.  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 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); 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; Tomov and Others v. Russia, nos. 18255/10 and 5 others, §§ 114-42, 9 April 2019, as regards the condition of transport; 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. Declares that Mrs Chekavtseva (application no. 2523/21) has standing to pursue the application in the late applicant's stead;
  3. Holds that it has jurisdiction to deal with the applicants' complaints as they relate to the facts that took place before 16 September 2022;
  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 7 March 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.    

2523/21

09/12/2020

Denis Nikolayevich PETROV

 

Born 1977

Died in 2021

 

Heir

Natalya Aleksandrovna

Chekavtseva

1981

Bayturina Svetlana Nikolayevna

Moscow

Picket in support of Ilya Azar

 

Moscow

 

29/05/2020

article 20.2 § 8 of CAO

administrative arrest for 15 days

Moscow City Court

09/06/2020

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 3.30 p.m. to 7.30 p.m. on 29/05/2020 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

 

4,000,

to be paid to the applicant's heir, Ms N. Chekavtseva

  1.    

14852/21

25/02/2021

Sergey Olegovich CHUGAYEV

1993

Zboroshenko Nikolay Sergeyevich

Mytishchi

Manifestation against the amendments to the Constitution

 

Moscow

 

15/07/2020

article 20.2 § 6.1 of CAO

fine of RUB 20,000

Moscow City Court

26/08/2020

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 9.30 p.m. on 15/07/2020 to 5 a.m. on 16/07/2020 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, 26/08/2020

4,000

  1.    

26886/21

17/05/2021

Andrey Maksimovich DENISOV

1999

Memorial Human Rights Centre

Moscow

Manifestation in support of A. Navalnyy

 

Moscow

 

02/02/2021

article 20.2 § 6.1 of CAO

fine of RUB 15,000

Moscow City Court

04/03/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 11 p.m. on 02/02/2021 to 9 p.m. on 03/02/2021 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, 04/03/2021

4,000

  1.    

28240/21

30/04/2021

Aleksandr Yevgenyevich BRYANTSEV

1999

Memorial Human Rights Centre

Moscow

Manifestation in support of A. Navalnyy

 

St Petersburg

 

31/01/2021

article 20.2.2 § 1 of CAO

administrative detention of 9 days

St Petersburg City Court

25/02/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 2.50 p.m. on 31/01/2021 to 12 p.m. on 01/02/2021 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: St Petersburg City Court, 25/02/2021

5,000

  1.    

30238/21

15/05/2021

Andrey Sergeyevich TYURIN

1995

Gilmanov Mansur Idrisovich

Podolsk

Manifestation against amendments to the Constitution

 

Moscow

 

15/07/2020

 

 

article 20.2 § 6.1 of CAO

fine of RUB 10,000

Moscow City Court

16/11/2020

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 8.30 p.m. on 15/07/2020 to 2.30 a.m. on 16/07/2020 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, 16/11/2020

4,000

  1.    

31651/21

07/06/2021

Ilya Andreyevich ALEKSANDROV

1997

Memorial Human Rights Centre

Moscow

Manifestation in support of A. Navalnyy

 

Moscow

 

02/02/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

24/03/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 12.40 a.m. to 4.25 a.m. on 03/03/2021 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: Moscow City Court, 24/03/2021

4,000

  1.    

31792/21

16/06/2021

Yelena Nikolayevna ROSTUNOVA

1968

Eysmont Mariya Olegovna

Moscow

Manifestation in support of A. Navalnyy

 

Moscow

 

02/02/2021

article 20.2 § 6.1 of CAO

12 days of administrative arrest

Moscow City Court

09/02/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention between 11.30 p.m. on 02/02/2021 and after 1.40 p.m. on 03/02/2021 in excess of 3 hours for the purpose of drawing up a record of administrative offence,

 

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.    

31875/21

26/05/2021

Maksim Bronislavovich GONGALSKIY

1986

Rybin Aleksey Vladimirovich

Moscow

Manifestation in support of A. Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

fine of RUB 20,000

Moscow City Court

12/04/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 3.20 p.m. on 31/01/2021 to 5 a.m. on 01/02/2021 in excess of 3 hours for the 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, 12/04/2021

 

 

 

 

4,000

  1.    

32187/21

11/06/2021

Nataliya Borisovna DOROZHNOVA

1950

Memorial Human Rights Centre

Moscow

Manifestation in support of A. Navalnyy

 

Volgograd

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Volgograd Regional Court

17/03/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 12 p.m. to 8 p.m. on 31/01/2021 in excess of 3 hours for the purpose of drawing up a record of administrative offence,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Volgograd Regional Court, 17/03/2021

4,000

  1.  

32188/21

11/06/2021

Vladislava Borisovna DANILCHENKO

2003

Memorial Human Rights Centre

Moscow

Manifestation in support of A. Navalnyy

 

Moscow

 

02/02/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

20/04/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 11.40 a.m. to 6.10 p.m. on 02/02/2021 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, 20/04/2021

4,000

  1.  

33212/21

08/06/2021

Vitaliy Yuryevich POTAPOV

1988

Polyakov Daniil Alekseyevich

Voronezh

Manifestation against amendments to the Constitution

 

Voronezh

 

27/07/2020

article 20.2.2 § 1 of CAO

fine of RUB 10,000

Voronezh Regional Court

08/12/2020

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Voronezh Regional Court, 08/12/2020

 

3,500

  1.  

33479/21

03/06/2021

Andrey Vadimovich PETROV

1994

Glukhov Aleksey Vladimirovich

Novocheboksarsk

Manifestation in support of A. Navalnyy

 

Cheboksary

 

31/01/2021

article 20.2 § 2 of CAO

fine of RUB 20,000

Supreme Court of the Chuvashia Republic

18/03/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 1.20 p.m. on 31/01/2021 to 11.10 a.m. on 01/02/2021 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: Supreme Court of the Chuvashia Republic, 18/03/2021

4,000

  1.  

33599/21

03/06/2021

Aleksey Vyacheslavovich DANILOV

1996

Glukhov Aleksey Vladimirovich

Novocheboksarsk

Manifestation in support of A. Navalnyy

 

Cheboksary

 

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 15,000

Supreme Court of the Chuvashia Republic

25/03/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 3.40 p.m. to 4.55 p.m. on 23/01/2021 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: Supreme Court of the Chuvasiah Republic, 25/03/2021

4,000

  1.  

33783/21

03/06/2021

Aleksandra Yevgenyevna IVANOVA

2002

Glukhov Aleksey Vladimirovich

Novocheboksarsk

Manifestation in support of A. Navalnyy

 

Cheboksary

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Supreme Court of the Chuvashia Republic

16/03/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest at about 1 p.m. on 31/01/2021 for the sole purpose of drawing up record of administrative defence, 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 Chuvashia Republic, 16/03/2021

4,000

  1.  

33879/21

03/06/2021

Kirill Leonidovich BUTYRNOV

2002

Glukhov Aleksey Vladimirovich

Novocheboksarsk

Manifestation in support of A. Navalnyy

 

Cheboksary

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Supreme Court of the Chuvashia Republic

11/03/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest at about 12.45 p.m. on 31/01/2021 and detention for the sole purpose of drawing up an administrative defence 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: Supreme Court of the Chuvashia Republic, 11/03/2021

4,000

  1.  

34972/21

20/06/2021

Aleksandra Nikolayevna KOCHANOVA

1997

Bochilo Anna Yevgenyevna

Barnaul

Manifestation in support of A. Navalnyy

 

Syktyvkar

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Supreme Court of the Komi Republic

24/03/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest at 1.30 p.m. on 31/01/2021 and detention 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: Supreme Court of the Komi Republic, 24/03/2021

4,000

  1.  

34975/21

20/06/2021

Diana Andreyevna ISAKOVA

1997

Bochilo Anna Yevgenyevna

Barnaul

Manifestation in support of A. Navalnyy

 

Syktyvkar

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Supreme Court of the Komi Republic

14/04/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 1.30 p.m. to 9.20 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: Supreme Court of the Komi Republic, 14/04/2021

4,000

  1.  

35119/21

25/06/2021

Viktoriya Yevgenyevna KUZNETSOVA

1989

Zakhvatov Dmitriy Igorevich

Moscow

Manifestation in support of A. Navalnyy

 

Moscow

 

23/01/2021

article 19.3 § 1 of CAO

10 days of administrative arrest

Moscow City Court

27/01/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 6.15 p.m. on 23/01/2021 to 24/01/2021 until court hearing 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, 27/01/2021

5,000

  1.  

35151/21

25/06/2021

Anna Vitalyevna FEDOROVA

1997

Memorial Human Rights Centre

Moscow

Manifestation in support of A. Navalnyy

 

Stavropol

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 15,000

Stavropol Regional Court

28/04/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 1.10 p.m. to 5.30 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: Stavropol Regional Court, 28/04/2021

4,000

  1.  

35153/21

25/06/2021

Ivan Anatolyevich SHIPKOV

1996

Memorial Human Rights Centre

Moscow

Manifestation in support of A. Navalnyy

 

Moscow

 

02/02/2021

article 20.2 § 5 of CAO

fine of RUB 15,000

Moscow City Court

26/04/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 10.50 a.m. to 5.13 p.m. on 02/02/2021 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, 26/04/2021

4,000

  1.  

35194/21

18/06/2021

Anton Grigoryevich DAROCHKIN

1988

Memorial Human Rights Centre

Moscow

Manifestation in support of A. Navalnyy

 

Moscow

 

02/02/2021

article 20.2 § 6.1 of CAO

7 days of administrative arrest

Moscow City Court

06/04/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 11.41 p.m. on 02/02/2021 to 6 p.m. on 03/02/2021 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence and for bringing to the court hearing 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, 06/04/2021,

 

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.  

35195/21

18/06/2021

Ilya Markovich KATSAFA

1995

Memorial Human Rights Centre

Moscow

Manifestation in support of A. Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 15,000

Moscow City Court

14/04/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 3.40 p.m. on 31/01/2021 to 1 a.m. on 01/02/2021 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: Moscow City Court, 14/04/2021

4,000

  1.  

35678/21

20/06/2021

Yuriy Vladimirovich MATOV

1985

Bochilo Anna Yevgenyevna

Barnaul

Manifestation in support of A. Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

10 days of administrative arrest

Moscow City Court

09/02/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 3 p.m. on 31/01/2021 to 8.40 a.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,

 

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,

 

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.  

35681/21

20/06/2021

Maksim Sergeyevich ASTAFYEV

1998

Bochilo Anna Yevgenyevna

Barnaul

Manifestation in support of A. 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 - arrest and detention from 1.40 p.m. to 8.23 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: Supreme Court of the Komi Republic, 17/03/2021

4,000

  1.  

36367/21

30/06/2021

Dmitriy Aleksandrovich SAMSONOV

1974

Memorial Human Rights Centre

Moscow

Manifestation in support of A. Navalnyy

 

Moscow

 

25/07/2020

 

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

18/01/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 1.50 p.m. to 8 p.m. on 25/07/2020 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, 18/01/2021

4,000

  1.  

36515/21

02/07/2021

Dmitriy Vitalyevich MALOFEYEV

1994

 

 

Manifestation in support of A. Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

administrative detention of 12 days

Moscow City Court

26/04/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 4 p.m. on 31/01/2021 to 01/02/2021 until court hearing 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, 26/04/2021,

 

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

5,000

  1.  

36595/21

03/07/2021

Ilya Sergeyevich MALINOSHEVSKIY

1998

Markin Konstantin Aleksandrovich

Velikiy Novgorod

Manifestation in support of A. Navalnyy

 

Velikiy Novgorod

 

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Novgorod Regional Court

18/02/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 2.39 p.m. on 23/01/2021 to 1.30 p.m. on 24/01/2021 in excess of 3 hours 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: Novgorod Regional Court, 18/02/2021

4,000

  1.  

36604/21

03/07/2021

Oleg Ruslanovich YEFREMOV

1996

Markin Konstantin Aleksandrovich

Velikiy Novgorod

Manifestation in support of A. Navalnyy

 

Novgorod

 

23/01/2021

article 20.2 § 5 of CAO

community service in the amount of 20 hours

Novgorod Regional Court

26/02/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 4.05 p.m. to 9.31 p.m. on 23/01/2021 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: Novgorod Regional Court, 26/02/2021

4,000

  1.  

36759/21

07/07/2021

Aleksey Mikhaylovich ABRAMOV

1990

Bochilo Anna Yevgenyevna

Barnaul

Manifestation in support of A. Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

5 days of administrative arrest

Moscow City Court

24/03/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 3 p.m. on 31/01/2021 to 2.30 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, 24/03/2021,

 

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.  

36799/21

05/07/2021

Vitaliy Vyacheslavovich MESHCHERYAKOV

1987

Gerasimov Dmitriy Georgiyevich

St Petersburg

Manifestation in support of A. Navalnyy

 

St Petersburg

 

31/01/2021

article 20.2.2 § 1 of CAO

administrative detention of 13 days

St Petersburg City Court

09/02/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 5 p.m. on 31/01/2021 to 0.35 a.m. on 01/02/2021 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: St Petersburg City Court, 09/02/2021,

 

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

5,000

  1.  

36852/21

05/07/2021

Yegor Sergeyevich MAMAYEV

1994

Gerasimov Dmitriy Georgiyevich

St Petersburg

Manifestation in support of A. Navalnyy

 

St Petersburg

 

31/01/2021

article 20.2.2 § 1 of CAO

10 days of administrative arrest

St Petersburg City Court

09/02/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 5 p.m. on 31/01/2021 to 12.15 a.m. on 01/02/2021 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: St Petersburg City Court, 09/02/2021,

 

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.  

36924/21

03/07/2021

Polina Vadimovna MATVEYEVA

1999

Markin Konstantin Aleksandrovich

Velikiy Novgorod

Manifestation in support of A. Navalnyy

 

Velikiy Novgorod

 

23/01/2021

article 20.2 § 5 of CAO

20 hours of community service

Novgorod Regional Court

04/03/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 3.50 p.m. to 9.20 p.m. on 23/01/2021 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: Novgorod Regional Court, 04/03/2021

4,000

  1.  

36988/21

16/07/2021

Georgiy Igorevich ILYIN

1994

Memorial Human Rights Centre

Moscow

Manifestation in support of A. Navalnyy

 

Saratov

 

31/01/2021

article 20.2 § 5 of CAO

community service in the amount of 30 hours

Saratov Regional Court

09/03/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 1.42 p.m. to 8.35 p.m. on 31/01/2021 for the sole purpose of 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: Saratov Regional Court, 09/03/2021

4,000

  1.  

36992/21

16/07/2021

Denis Rafailovich MUSTAFIN

1977

Memorial Human Rights Centre

Moscow

Manifestation in support of A. Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

fine of RUB 20,000

Moscow City Court

26/03/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on from 3 p.m. on 31/01/2021 to 4.05 p.m. on 02/02/221 for the sole purpose of drawing up a record of administrative offence and for bringing the applicant to the court, 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, 26/03/2021

4,000

  1.  

37331/21

08/07/2021

Vladimir Vitalyevich NOVOKSHENOV

1971

Ivanets Vyacheslav Sergeyevich

Tbilisi, Georgia

Manifestation in support of A. Navalnyy

 

Irkutsk

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Irkutsk Regional Court

18/05/2021

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Irkutsk Regional Court, 18/05/2021

4,000

  1.  

38386/21

02/07/2021

Sofya Mikhaylovna ZVEREVA

1998

Memorial Human Rights Centre

Moscow

Manifestation in support of A. Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

fine of RUB 10,000

Moscow City Court

22/04/2021

Art. 3 - inadequate conditions of detention during transport - transportation on 31/01/2021; absence of sanitary protection measures, inadequate temperature, lack of fresh air, no or restricted access to toilet, overcrowding (27 persons in the van),

 

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 2.55 p.m. to 9.10 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: Moscow City Court, 22/04/2021

5,000

  1.  

38407/21

02/07/2021

Artur Yevgenyevich YEMELYANOV

1994

Memorial Human Rights Centre

Moscow

Manifestation in support of Navalnyy

 

St Petersburg

 

31/01/2021

article 20.2.2 § 1 of CAO

10 days of administrative arrest

St Petersburg City Court

08/02/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 12.15 p.m. on 31/01/2021 to 3 p.m. on 01/02/2021 in excess of 3 hours for the sole purpose of drawing a record of administrative offence and for bringing the applicant to the court 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: St Petersburg 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.  

38409/21

02/07/2021

Denis Vasilyevich GORINOV

1977

Memorial Human Rights Centre

Moscow

Manifestation in support of A. Navalnyy

 

Krasnoyarsk

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Krasnoyarsk Regional Court

27/05/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 1 p.m. to 4.30 p.m. on 31/01/2021 for the sole purpose of drawing up a record of administrative offence which, however, was drafted only 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: Krasnoyarsk Regional Court, 27/05/2021

4,000

  1.  

38784/21

13/07/2021

Sergey Nikolayevich IVONIN

1997

Aksenova Darya Dmitriyevna

Kolomna

Manifestation in support of A. Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

10 days of administrative arrest

Moscow City Court

09/02/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 2 p.m. on 31/01/2021 to 01/02/2021 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence and for bringing the applicant to the court 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, 09/02/2021

5,000

  1.  

38908/21

22/07/2021

Timofey Borisovich KRIT

1986

Memorial Human Rights Centre

Moscow

Manifestation in support of A. Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

administrative detention of 10 days

Moscow City Court

11/05/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 12.30 p.m. on 31/01/2021 to 12.02 a.m. on 01/02/2021 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: Moscow City Court, 11/05/2021,

 

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

5,000

  1.  

39206/21

28/07/2021

Vladimir Pavlovich AVERIN

1991

Memorial Human Rights Centre

Moscow

Manifestation in support of A. Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

3 days of administrative arrest

Moscow City Court

26/02/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 2.15 p.m. to 7 p.m. on 31/01/2021 for the sole purpose of drawing up a record of administrative offence, however the latter was drawn up only on 02/02/2021; arrest and detention from 11 a.m. to 5 p.m. on 02/02/2021 for the sole purpose of drawing up a record of administrative offence and bringing the applicant to court hearing,

 

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, 26/02/2021,

 

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

5,000

  1.  

39211/21

28/07/2021

Aleksandr Aleksandrovich LOBANOV

1987

Memorial Human Rights Centre

Moscow

Manifestation in support of A. Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

administrative detention of 7 days

Moscow City Court

12/03/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 3 p.m. on 31/01/2021 to 7.15 p.m. on 01/02/2021 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: Moscow City Court, 12/03/2021

 

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

5,000

  1.  

39221/21

22/07/2021

Anastasiya Igorevna ZAKHARCHENKO

2002

Loktev Sergey Aleksandrovich

St Petersburg

Manifestation in support of Navalnyy

 

St Petersburg

 

02/02/2021

article 20.2.2 § 1 of CAO

fine of RUB 10,000

St Petersburg City Court

02/03/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 11.10 p.m. on 02/02/2021 to 05/02/2021 for the sole purpose of drawing up a record of administrative offence; 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: St Petersburg City Court, 02/03/2021

5,000

  1.  

39584/21

28/07/2021

Sergey Lvovich SOKOLOV

1972

Memorial Human Rights Centre

Moscow

Manifestation in support of A. Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

administrative detention of 4 days

Moscow City Court

04/02/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 2.05 p.m. on 31/01/2021 to 6 p.m. on 02/02/2021 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: Moscow City Court, 04/02/2021,

 

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

5,000

  1.  

39864/21

30/07/2021

Darya Yevgenyevna MOSKALYUK

1996

Pershakova Yelena Yuryevna

Moscow

Manifestation in support of A. Navalnyy

 

Moscow

 

02/02/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

30/03/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 11.50 p.m. on 02/02/2021 to 2.30 a.m. on 03/02/2021 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: Moscow City Court, 30/03/2021

4,000

  1.  

40051/21

27/07/2021

Andrey Viktorovich BATRAKOV

1989

Memorial Human Rights Centre

Moscow

Manifestation in support of A. Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

administrative detention of 10 days

Moscow City Court

05/02/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 12.45 p.m. on 31/01/2021 to 1.30 p.m. on 01/02/2021 for the sole purpose of drawing up a record of administrative offence, 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, 05/02/2021,

 

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

5,000

  1.  

40053/21

27/07/2021

Dzhon Arturovich AKOPYAN

1991

Memorial Human Rights Centre

Moscow

Manifestation in support of A. Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

fine of RUB 15,000

Moscow City Court

26/03/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 4.30 p.m. on 31/01/2021 to 10 a.m. on 01/02/2021 for drawing up a record of administrative offence and for bringing the applicant to 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, 26/03/2021

4,000

  1.  

40054/21

27/07/2021

Maksim Grigoryevich ZAVARZIN

1975

Memorial Human Rights Centre

Moscow

Manifestation in support of A. Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

administrative detention of 7 days

Moscow City Court

18/02/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 12.20 p.m. on 31/01/2021 to 7.20 p.m. on 01/02/2021 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: Moscow City Court, 18/02/2021,

 

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

 

 

 

 

5,000

  1.  

40065/21

30/07/2021

Igor Olegovich APARIN

1983

Pershakova Yelena Yuryevna

Moscow

Manifestation in support of A. Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

26/04/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 3 p.m. to 9.40 p.m. 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, 26/04/2021

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/2024/204.html