ARBUZOV AND OTHERS v. RUSSIA - 9494/20 (Article 11 - Freedom of assembly and association : Fifth Section Committee) [2024] ECHR 570 (27 June 2024)


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European Court of Human Rights


You are here: BAILII >> Databases >> European Court of Human Rights >> ARBUZOV AND OTHERS v. RUSSIA - 9494/20 (Article 11 - Freedom of assembly and association : Fifth Section Committee) [2024] ECHR 570 (27 June 2024)
URL: http://www.bailii.org/eu/cases/ECHR/2024/570.html
Cite as: [2024] ECHR 570

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FIFTH SECTION

CASE OF ARBUZOV AND OTHERS v. RUSSIA

(Applications nos. 9494/20 and 29 others -

see appended list)

 

 

 

 

 

 

JUDGMENT

 

STRASBOURG

27 June 2024

 

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


In the case of Arbuzov and Others v. Russia,

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

 María Elósegui, President,
 Kateřina Šimáčková,
 Stephane Pisani, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 6 June 2024,

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

PROCEDURE


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


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

THE FACTS


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


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

THE LAW

  1. JOINDER OF THE APPLICATIONS


5.  Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.

  1. JURISDICTION


6.  The Court observes that the facts giving rise to the alleged violations of the Convention occurred prior to 16 September 2022, the date on which the Russian Federation ceased to be a party to the Convention. The Court therefore decides that it has jurisdiction to examine the present applications (see Fedotova and Others v. Russia [GC], nos. 40792/10 and 2 others, §§ 68-73, 17 January 2023).

  1. ALLEGED VIOLATION OF ARTICLE 11 OF THE CONVENTION


7.  The applicants complained principally of disproportionate measures taken against them as organisers or participants of public assemblies, namely their arrest in relation to the dispersal of these assemblies and their conviction for administrative offences. They relied, expressly or in substance, on Article 11 of the Convention.


8.  The Court refers to the principles established in its case-law regarding freedom of assembly (see Kudrevičius and Others v. Lithuania [GC], no. 37553/05, ECHR 2015, with further references) and proportionality of interference with it (see Oya Ataman v. Turkey, no. 74552/01, ECHR 2006-XIV, and Hyde Park and Others v. Moldova, no. 33482/06, 31 March 2009).


9.  In the leading cases of Frumkin v. Russia, no. 74568/12, ECHR 2016 (extracts), Navalnyy and Yashin v. Russia, no. 76204/11, 4 December 2014 and Kasparov and Others v. Russia, no. 21613/07, 3 October 2013, the Court already found a violation in respect of issues similar to those in the present case.


10.  Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion as to the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the interferences with the applicants' freedom of assembly were not "necessary in a democratic society".


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

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


12.  Some applicants submitted other complaints which also raised issues under the Convention, 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 in the light of its findings in 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; and 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 (COA).

  1. REMAINING COMPLAINTS


14.  In view of the above findings, the Court considers that there is no need to deal separately with the remainder of the applicants' complaints concerning unfairness of the administrative proceedings and effects of the administrative convictions.

  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 raised by the applicants;
  4. Holds that there has been a breach of Article 11 of the Convention;
  5. Holds that there has been a violation of the Convention as regards the other complaints raised under the well-established case-law of the Court (see the 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 27 June 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

 

 Viktoriya Maradudina María Elósegui

 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.    

9494/20

12/02/2020

Oleg Vladimirovich ARBUZOV

1986

Memorial Human Rights Centre

Moscow

"Dopuskay" manifestation (for fair elections)

 

Trubnaya Square, Moscow

 

03/08/2019

article 20.2 § 5 of CAO

20 hours' compulsory work

Moscow City Court

16/10/2019

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 03/08/2019 from 2.45 p.m. to 9.50 p.m. - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO); the complaint was raised in the administrative proceedings,

 

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.    

43/23

26/11/2022

Irina Aleksandrovna SOFONOVA

1997

Tyurina Kristina Olegovna

Nizhniy Novgorod

Manifestation against the war in Ukraine

 

Nizhniy Novgorod

 

06/03/2022

article 20.2 § 5 of CAO

administrative fine of RUB 10,000

Nizhniy Novgorod Regional Court

27/07/2022

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 06/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; raised in the administrative proceedings,

 

 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.    

84/23

29/11/2022

Maret Magomedovna BOCHAYEVA

1996

Baranova Natalya Andreyevna

Moscow

Manifestation against the war in Ukraine

 

Moscow

 

28/02/2022

article 20.2 § 5 of CAO

administrative fine of RUB 10,000

Moscow City Court

05/08/2022

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

 

 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - The applicant's arrest and detention from 8.05 p.m. on 28/02/2022 to 3 a.m. on 01/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO); the complaints were raised in the administrative proceedings

4,000

  1.    

86/23

19/11/2022

Olga Sergeyevna SERKOVA

1982

Baranova Natalya Andreyevna

Moscow

Manifestation against the war in Ukraine

 

Moscow

 

13/03/2022

article 20.2 § 5 of CAO

administrative fine of RUB 20,000

Moscow City Court

19/07/2022

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

 

 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - The applicant was arrested and detained at the police station on 13/03/2022, from 4.30 p.m. to 9.10 p.m. - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO); the complaints were raised in the administrative proceedings

 

 

 

4,000

  1.    

501/23

27/11/2022

Irina Igorevna ZAMALEYEVA

2001

Sabirov Rim Faridovich

Kazan

Manifestation against the war in Ukraine

 

Kazan

 

27/02/2022

article 20.2 § 5 of CAO

administrative fine of RUB 10,000

Supreme Court of the Tatarstan Republic

27/07/2022

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Detention took place between 27/02/2022 and 28/02/2022 (exact time unspecified) - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable on the spot to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; raised in the administrative proceedings

4,000

  1.    

519/23

21/11/2022

Artem Vyacheslavovich YEPIFANTSEV

1993

 

 

Manifestation against the war in Ukraine

 

Nizhniy Novgorod

 

06/03/2022

article 20.2 § 5 of CAO

administrative fine of RUB 10,000

Nizhniy Novgorod Regional Court

04/08/2022

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest on 06/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; raised in the administrative proceedings;

 

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.    

526/23

29/11/2022

Semen Igorevich DENISOV

1981

Nemanov Vladimir Sergeyevich

Moscow

Manifestation against the war in Ukraine

 

Moscow

 

02/03/2022

article 20.2 § 5 of CAO

administrative fine of RUB 18,000

Moscow City Court

29/07/2022

Art. 5 (1) - unlawful detention - Arrest and detention from 8 p.m. on 02/03/2022 to 2 a.m. on 03/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO); the complaints were raised in the administrative proceedings,

 

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.    

881/23

24/11/2022

Oksana Alekseyevna MINOVA

1977

Kosnyrev Vladislav Vladimirovich

Syktyvkar

Manifestation against the war in Ukraine

 

Moscow

 

24/02/2022

article 20.2 § 5 of CAO

administrative fine of RUB 10,000

Moscow City Court

27/07/2022

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 24/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; raised in the administrative proceedings,

 

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.    

1217/23

30/11/2022

Aleksey Valeryevich SHIRSHOV

1980

Arshinova Valeriya Aleksandrovna

Moscow

Manifestation against the war in Ukraine

 

Moscow

 

25/02/2022

article 20.2 § 5 of CAO

administrative fine of RUB 10,000

Moscow City Court

03/08/2022

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest on 25/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/

assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; the complaint was raised in the administrative proceedings,

 

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.  

1513/23

10/12/2022

Aleksey Aleksandrovich KALININ

1995

 

 

Manifestation against the war in Ukraine

 

Moscow

 

24/02/2022

article 20.2 § 5 of CAO

administrative fine of RUB 15,000

Moscow City Court

11/08/2022

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.  

1566/23

24/12/2022

Vladislav Sergeyevich SHIRINKIN

1995

Makey Yelena Valentinovna

Yekaterinburg

Manifestation against the war in Ukraine

 

Yekaterinburg

 

02/03/2022

article 20.2 § 5 of CAO

community service of 25 hours

Sverdlovsk Regional Court

24/08/2022

 

3,500

  1.  

1691/23

15/12/2022

Natalya Nikolayevna KULIKOVA

1972

 

 

Manifestation against the war in Ukraine

 

Yekaterinburg

 

06/03/2022

article 20.2 § 5 of CAO

administrative fine of RUB 15,000

Sverdlovsk Regional Court

18/08/2022

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

 

 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 2.45 p.m. to 9 p.m. on 06/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO); the complaints were raised in the administrative proceedings

4,000

  1.  

1702/23

24/12/2022

Aleksey Mikhaylovich LAPTEV

1984

Baranova Nataliya Andreyevna

Moscow

Manifestation against the war in Ukraine

 

Puskinskaya Square, Moscow

 

25/02/2022

article 20.2 § 5 of CAO

administrative fine of RUB 15,000

Moscow City Court

25/08/2022

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Applicant on 25/02/2022 was taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; raised in the administrative proceedings,

 

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.  

1705/23

30/11/2022

Ilya Olegovich ROZHNOV

1993

Zboroshenko Nikolay Sergeyevich

Mytishchi

Manifestation against the war in Ukraine

 

Moscow

 

24/02/2022

article 20.2 § 5 of CAO

administrative fine of RUB 10,000

Moscow City Court

17/08/2022

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest on 24/02/2022 - applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; the complaint was raised in the administrative proceedings,

 

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.  

1707/23

30/11/2022

Ivan AVRAMCHUK

1989

Zboroshenko Nikolay Sergeyevich

Mytishchi

Manifestation against the war in Ukraine

 

Moscow

 

01/03/2022

article 20.2 § 5 of CAO

administrative fine of RUB 20,000

Moscow City Court

05/08/2022

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Applicant on 01/03/2022 taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; the complaint was raised in the administrative proceedings,

 

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.  

1757/23

12/12/2022

Olga Andreyevna STENNIKOVA

1994

 

 

Manifestation against the war in Ukraine

 

Novosibirsk

 

06/03/2022

article 20.2 § 5 of CAO

administrative fine of RUB  10,000

Novosibirsk Regional Court

08/09/2022

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

 

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - from 2.05 p.m. to 11.50 p.m. on 06/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO); the complaints were raised on appeal

4,000

  1.  

1770/23

22/12/2022

Anna Vladimirovna VYALKINA

1992

 

 

Manifestation against the war in Ukraine

 

Moscow

 

01/03/2022

article 20.2 § 5 of CAO

administrative fine of RUB 20,000

Moscow City Court

25/08/2022

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.  

1777/23

28/11/2022

Nikolay Yuryevich KHRUST

1982

 

 

Manifestation against the war in Ukraine

 

Moscow

 

13/03/2022

article 20.2 § 5 of CAO

administrative fine of RUB 15,000

Moscow City Court

29/07/2022

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

 

 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 13/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity, raised on appeal

4,000

  1.  

1895/23

05/12/2022

Anton Yuryevich VAKHRANEV

1992

 

 

Manifestation against the war in Ukraine

 

Moscow

 

03/03/2022

article 20.2 § 5 of CAO

administrative fine of RUB 10,000

Moscow City Court

29/08/2022

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Detention took place between 6.20 p.m. and 8.30 p.m. on 03/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; the complaint was raised in the administrative proceedings,

 

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.  

1997/23

09/12/2022

Aleksey Mikhaylovich SHEMYAKIN

1992

 

 

Manifestation against the war in Ukraine

 

Moscow

 

24/02/2022

article 20.2 § 5 of CAO

administrative fine of RUB 20,000

Moscow City Court

09/08/2022

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 8.47 p.m. on 24/02/2022 to 0.35 a.m. on 25/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; raised on appeal in the administrative proceedings,

 

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.  

2091/23

03/12/2022

Aleksandra Vladimirovna LEZINA

1982

Zinovyev Konstantin Mikhaylovich

Nizhniy Novgorod

Manifestation against the war in Ukraine

 

Nizhniy Novgorod

 

01/03/2022

article 20.2 § 5 of CAO

administrative fine of RUB 10,000

Nizhniy Novgorod Regional Court

04/08/2022

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

 

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest on 28/03/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; raised in the administrative proceedings

4,000

  1.  

2098/23

25/11/2022

Svetlana Antonovna SOLOVYEVA

1999

 

 

Manifestation against the war in Ukraine

 

Yekaterinburg

 

06/03/2022

article 20.2 § 5 of CAO

administrative fine of RUB 15,000

Sverdlovsk Regional Court

28/07/2022

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 06/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; the complaint was raised in the administrative proceedings,

 

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.  

2108/23

17/12/2022

Darya Sergeyevna PROSUNTSOVA

1994

 

 

Manifestation against the war in Ukraine

 

Moscow

 

02/05/2022

article 20.2 § 5 of CAO

administrative fine of RUB 15,000

Moscow City Court

17/08/2022

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 02/05/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; the complaint was raised in the administrative proceedings,

 

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.  

2630/23

20/12/2022

Aleksey Valeriyevich KONIN

1965

 

 

Manifestation against the war in Ukraine

 

Pushkinskaya Square, Moscow

 

25/02/2022

article 20.2 § 5 of CAO

administrative fine of RUB 15,000

Moscow City Court

23/08/2022

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

 

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention at the police station form 7.15 p.m. on 25/02/2022 to 2.30 a.m. on 26/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO); the complaints raised in the administrative proceedings

4,000

  1.  

3818/23

07/12/2022

Anna Sergeyevna MALITSKAYA

1988

 

 

Manifestation against the war in Ukraine

 

Manezhnaya Square, Moscow

 

02/03/2022

article 20.2 § 5 of CAO

administrative fine of RUB 10,000

Moscow City Court

09/08/2022

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

 

 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest on 02/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; raised in the administrative proceedings

4,000

  1.  

4236/23

09/12/2022

Danil Rashidovich SADYKOV

1998

 

 

Manifestation against the war in Ukraine

 

Yekaterinburg

 

06/03/2022

article 20.2 § 5 of CAO

fine of RUB 12,000

Sverdlovsk Regional Court

10/08/2022

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

 

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 06/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity;

 the complaint raised in the administrative proceedings

4,000

  1.  

4475/23

08/01/2023

Tatyana Semenovna DRABKINA

1960

 

 

Manifestation against the war in Ukraine

 

Moscow

 

02/04/2022

article 20.2 § 5 of CAO

administrative fine of RUB 10,000

Moscow City Court

09/09/2022

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 02/04/2022, from 2.30 p.m. to 11.30 p.m. - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO); the complaints were raised in the administrative proceedings,

 

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.  

4918/23

13/01/2023

Alina Nailyevna LATYPOVA

1988

Sabirov Rim Faridovich

Kazan

Manifestation against the war in Ukraine

 

Kazan

23/03/2022

article 20.3.3 of CAO

administrative fine of RUB 30,000

Supreme Court of the Tatarstan Republic 14/09/2022

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.  

5339/23

28/12/2022

Nataliya Aleksandrovna TIKHONOVA

1992

 

 

Manifestation against the war in Ukraine

 

Moscow

 

02/04/2022

article 20.2 § 5 of CAO

administrative fine of RUB 16,000

Moscow City Court

01/09/2022

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Detention took place between 3 p.m. and 7.30 p.m. on 02/04/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; Detention on 22/06/2022 from 9.10 a.m. to 6 p.m. - Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO); the complaints were raised in the administrative proceedings,

 

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.  

5981/23

12/01/2023

Oksana Alekseyevna MALININA

1993

 

 

Manifestation against the war in Ukraine

 

Moscow

 

13/03/2022

article 20.2 § 5 of CAO

administrative fine RUB 15,000

Moscow City Court

13/09/2022

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

 

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 2.07 p.m. to 10.50 p.m. on 13/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity, Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO); raised on appeal

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/2024/570.html