YAKHNOVETS AND OTHERS v. RUSSIA - 32174/21 (Article 11 - Freedom of assembly and association : First Section Committee) [2024] ECHR 61 (18 January 2024)


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European Court of Human Rights


You are here: BAILII >> Databases >> European Court of Human Rights >> YAKHNOVETS AND OTHERS v. RUSSIA - 32174/21 (Article 11 - Freedom of assembly and association : First Section Committee) [2024] ECHR 61 (18 January 2024)
URL: http://www.bailii.org/eu/cases/ECHR/2024/61.html
Cite as: [2024] ECHR 61

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FIRST SECTION

CASE OF YAKHNOVETS AND OTHERS v. RUSSIA

(Applications nos. 32174/21 and 27 others -

see appended list)

 

 

 

 

 

JUDGMENT

 

STRASBOURG

18 January 2024

 

 

 

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

 


In the case of Yakhnovets and Others v. Russia,

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

 Péter Paczolay, President,
 Gilberto Felici,
 Raffaele Sabato, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 14 December 2023,

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, except for the fourth applicant, raised other complaints under the provisions of the Convention.

THE LAW

  1. JOINDER OF THE APPLICATIONS


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

  1. JURISDICTION


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

  1. ALLEGED VIOLATION OF ARTICLE 11 OF THE CONVENTION


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


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


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


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


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

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


12.  Some applicants submitted other complaints which also raised issues under the Convention and its Protocols, given the relevant well-established case-law of the Court (see appended table). These complaints are not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention, nor are they inadmissible on any other ground. Accordingly, they must be declared admissible.


13.  Having examined all the material before it, the Court concludes that these complaints also disclose violations of the Convention and its Protocols in the light of its findings in Lashmankin and Others v. Russia, nos. 57818/09 and 14 others, § 489, 7 February 2017, Butkevich v. Russia, no. 5865/07, §§ 63-65, 13 February 2018, Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 115-31, 10 April 2018, and Korneyeva v. Russia, no. 72051/17, §§ 34-36, 8 October 2019, as to various aspects of unlawful deprivation of liberty of organisers or participants of public assemblies; Karelin v. Russia, no. 926/08, §§ 58-85, 20 September 2016, concerning the absence of a prosecuting party in the proceedings under the Code of Administrative Offences (the CAO); Elvira Dmitriyeva v. Russia, nos. 60921/17 and 7202/18, §§ 77-90, 30 April 2019, concerning administrative convictions for making calls to participate in public events; and Martynyuk v. Russia, no. 13764/15, §§ 38-42, 8 October 2019, relating to the lack of suspensive effect of an appeal against the sentence of administrative detention.

  1. REMAINING COMPLAINTS


14.  Some applicants raised further additional complaints under Article 6 of the Convention concerning other aspects of fairness of the administrative-offence proceedings. In view of the findings in paragraphs 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 complaints 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 18 January 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

 

 Viktoriya Maradudina Péter Paczolay

 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 (code of administrative offences, CAO)

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

(in euros)[1]

  1.    

32174/21

11/06/2021

Viktoriya Viktorovna YAKHNOVETS

1966

Memorial Human Rights Centre

Moscow

Rally in support of Mr Navalnyy

 

Rostov-on-Don

 

31/01/2021

article 20.2 § 6.1 of CAO

administrative detention for 10 days

Rostov Regional Court

10/02/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 12.30 p.m. on 31/01/2021 to 5.00 p.m. on 01/02/2021, hearing in the applicant's administrative-offence case,

 

 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Rostov Regional Court, 10/02/2021;

 

 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.    

33066/21

04/06/2021

1) Nikolay Yevgenyevich VOKUYEV

1986

 

2) Stanislav Mikhaylovich OKULOV

1984

 

Mezak Ernest Aleksandrovich

Saint-Barthélemy-d'Anjou

Rally in support of Mr Navalnyy

 

Syktyvkar

 

23/01/2021

article 20.2 § 5 of CAO

fines of RUB 10,000 for each of the applicants

Supreme Court of the Komi Republic, 31/03/2021 (first applicant) and

07/04/2021 (second applicant)

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Supreme Court of the Komi Republic, 31/03/2021 and 07/04/2021.

3,500

to each applicant

  1.    

33571/21

22/06/2021

Valeriya Mikhaylovna IVANOVA

1996

Markin Konstantin Aleksandrovich

Velikiy Novgorod

Rally in support of Mr Navalnyy

 

Velikiy Novgorod

 

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Novgorod Regional Court

25/02/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 3.15 p.m. to 11.30 p.m. on 23/01/2021,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions: Novgorod Regional Court, 25/02/2021.

 

4,000

  1.    

35257/21

24/06/2021

Liliya Vasilyevna LOBKO

1940

Tykhta Vitaliy Dmitriyevich

Khabarovsk

Rally in support of Mr Furgal

 

Khabarovsk

 

09/11/2020

article 20.2 § 5 of CAO

fine of RUB 5,000

Khabarovsk Regional Court

24/12/2020

 

3,000

  1.    

35379/21

16/06/2021

Aleksey Vladimirovich GRESKO

1974

Zakhvatov Dmitriy Igorevich

Moscow

Meeting Mr Navalnyy at the Vnukovo Airport of Moscow

 

Moscow

 

17/01/2021

article 19.3 § 1 of CAO

administrative detention for 12 days

Moscow City Court

20/02/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 6.10 p.m. to 11.00 p.m. on 17/01/2021,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 20/02/2021

 

 

5,000

  1.    

36383/21

30/06/2021

Nikita Igorevich CHESNOKOV

1996

Memorial Human Rights Centre

Moscow

Rally in support of Mr Navalnyy

 

Rostov-on-Don

 

31/01/2021

article 19.3 § 1 of CAO

administrative detention for 3 days

Rostov Regional Court

28/04/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 2.00 p.m. on 31/01/2021 to 1.00 p.m. on 01/02/2021, hearing in the applicant's administrative offence case,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Rostov Regional Court, 28/04/2021,

 

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.    

36389/21

05/07/2021

Valentin Sergeyevich KVASHNIKOV

1978

 

 

Rally in support of Mr Furgal

 

Khabarovsk

 

23/07/2020

article 20.2 § 6.1 of CAO

fine of RUB 10,000

Khabarovsk Regional Court

21/01/2021

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions: Khabarovsk Regional Court, 21/01/2021 and 04/06/2021.

 

3,500

  1.    

36506/21

27/06/2021

Vadim Vyacheslavovich ZUBKOV

1996

Bochilo Anna Yevgenyevna

Barnaul

Rally in support of Mr Navalnyy

 

Moscow

 

23/01/2021

article 20.2 § 6.1 of CAO

administrative detention for 10 days

Moscow City Court

11/02/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 10.00 a.m. on 08/02/2021 until the hearing in the applicant's administrative-offence case on the same day,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 11/02/2021,

 

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the 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.    

37916/21

16/07/2021

Olga Alekseyevna KOMOLOVA

1999

Memorial Human Rights Centre

Moscow

Rally in support of Mr Navalnyy

 

Moscow

 

02/02/2021

article 20.2 § 6.1 of CAO

fine of

RUB 15,000

Moscow City Court

14/04/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 11.30 p.m. on 02/02/2021 to 7.50 a.m. on 03/02/2021,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 14/04/2021,

 

4,000

  1.  

38412/21

02/07/2021

Dmitriy Vladimirovich VILSHANSKIY

1991

Memorial Human Rights Centre

Moscow

Rally in support of Mr Navalnyy

 

Moscow

 

02/02/2021

article 20.2 § 6.1 of CAO

administrative detention for 10 days

Moscow City Court

12/02/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 11.30 p.m. on 02/02/2021 to 8.30 p.m. on 03/02/2021, hearing in the applicant's administrative-offence case,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 12/02/2021,

 

 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.  

38516/21

14/07/2021

Boris Vladimirovich SARAPULOV

1957

Ivanets Vyacheslav Sergeyevich

Tbilisi, Georgia

Rally in support of Mr Navalnyy

 

Irkutsk

 

23/01/2021

article 20.2 § 5 of CAO

fine of

RUB 10,000

Irkutsk Regional Court

01/06/2021

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, 01/06/2021

3,500

  1.  

38906/21

14/07/2021

Artur Igorevich SAYAPIN

1994

Bubon Konstantin Vladimirovich

Khabarovsk

Rally in support of Mr Furgal

 

Khabarovsk

 

25/08/2020

article 20.2 § 6.1 of CAO

administrative detention for

2 days (enforced), changed later to a fine of RUB 10,000 (not paid)

Khabarovsk Regional Court

04/02/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from midnight on 04/09/2020 to 10.30 a.m. on 05/09/2020,

 

 Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the administrative detention was enforced immediately after the decision of the first-instance court on account of the lack of suspensive effect of an appeal under the CAO.

 

5,000

  1.  

38914/21

22/07/2021

Yegor Nikolayevich BELOV

1995

Memorial Human Rights Centre

Moscow

Rally in support of Mr Navalnyy

 

Moscow

 

23/01/2021

article 20.2 § 6.1 of CAO

fine of

RUB 20,000

Moscow City Court

19/05/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 1.00 p.m. to 5.00 p.m. on 23/01/2021,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 19/05/2021.

 

4,000

  1.  

39896/21

27/07/2021

Pavel Nikolayevich LUSHAKOV

1998

Memorial Human Rights Centre

Moscow

Rally in support of Mr Navalnyy

 

Moscow

 

02/02/2021

article 20.2 § 6.1 of CAO

administrative detention for 10 days

Moscow City Court

10/02/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from on 11.00 a.m. 02/02/2021 to 8.00 p.m. 03/02/2021, the applicant was not released after the administrative offence record had been compiled; complaint raised on appeal,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 10/02/2021,

 

 Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the 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.  

40196/21

27/07/2021

Petr Aleksandrovich MAKAROV

2000

Shindyapin Arkadiy Vitalyevich

Moscow

Rally in support of Mr Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

administrative detention for 10 days

Moscow City Court

05/02/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 4.25 p.m. on 31/01/2021 to 01/02/2021, hearing in the applicant's administrative-offence case,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 05/02/2021,

 

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

5,000

  1.  

40444/21

27/07/2021

Sergey Yuryevich AFANASYEV

1965

Shindyapin Arkadiy Vitalyevich

Moscow

Rally in support of Mr Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

administrative detention for 10 days

Moscow City Court

05/02/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 3.50 p.m. on 31/01/2021 to 01/02/2021, hearing in the applicant's administrative-offence case,

 

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 - 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.  

40532/21

30/07/2021

Aleksandr Vladimirovich SMIRNOV

1990

Pomazuyev Aleksandr Yevgenyevich

Vilnius

Rally in support of Mr Navalnyy

 

Yaroslavl

 

31/01/2021

article 20.2 § 2 of CAO

administrative detention for 10 days

Yaroslavl Regional Court

05/02/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 12.25 p.m. on 31/01/2021 to 01/02/2021, hearing in the applicant's administrative-offence case.

5,000

  1.  

40877/21

02/08/2021

Klim Dmitriyevich BONDAR

2002

Eysmont Mariya Olegovna

Moscow

Rally in support of Mr Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

administrative detention for 8 days

Moscow City Court

05/02/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 5.50 p.m. on 31/01/2021 to 5.00 p.m. on 01/02/2021, hearing in the applicant's administrative-offence case,

 

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.

 

5,000

  1.  

41620/21

06/08/2021

Sergey Nikolayevich OZEROV

1976

Pershakova Yelena Yuryevna

Moscow

Rally in support of Mr Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

administrative detention for 15 days

Moscow City Court

12/02/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 12.40 p.m. 31/01/2021 to midnight on 01/02/2021,

 

 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 12/02/2021,

 

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.  

42996/21

10/08/2021

Valentina Yevgenyevna VOLKOVA

1978

Lepekhin Andrey Gennadyevich

Chelyabinsk

Collective recording a video petition to the US President and the world community regarding the poor ecological conditions

 

Chelyabinsk

 

12/12/2020

article 20.2 § 2 of CAO

fine of

RUB 20,000

Chelyabinsk Regional Court

10/02/2021

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Chelyabinsk Regional Court, 10/02/2021.

3,500

  1.  

43200/21

11/08/2021

Roman Alekseyevich ZHURAVLEV

1995

Nurgaleyev Danil Ilnurovich

Kazan

Rally in support of Mr Navalnyy

 

Kazan

 

23/01/2021

article 20.2 § 5 of CAO

fine of

RUB 10,000

Supreme Court of the Tatarstan Republic

10/03/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 4.00 p.m. on 23/01/2021 to 2.30 p.m. on 24/01/2021

4,000

  1.  

43242/21

09/08/2021

Viktor Yuryevich YEZHOV

1966

Eysmont Mariya Olegovna

Moscow

Rally in support of Mr Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

administrative detention for 10 days

Moscow City Court

12/02/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 4.00 p.m. on 31/01/2021 to 4.30 p.m. on 01/02/2021,

 

 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 12/02/2021.

 

5,000

  1.  

43501/21

18/08/2021

Vyacheslav Nikolayevich TITOV

1988

Pershakova Yelena Yuryevna

Moscow

Rally in support of Mr Navalnyy

 

Moscow

 

02/02/2021

article 20.2 § 6.1 of CAO

administrative detention for 10 days

Moscow City Court

24/03/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 11.30 p.m. on 02/02/2021 to 12.00 a.m. on 03/02/2021, hearing in the applicant's administrative-offence case,

 

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 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.

5,000

  1.  

43680/21

10/08/2021

Vladimir Aleksandrovich LAZAR

1999

Zhdanov Ivan Yuryevich

Vilnius

Rally in support of Mr Navalnyy

 

Moscow

 

23/01/2021

article 20.2 § 5 of CAO

fine of

RUB 10,000

Moscow City Court

04/03/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence, from 4.30 p.m. to an unspecified time on 23/01/2021;

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 04/03/2021.

 

 

 

 

4,000

  1.  

44318/21

09/08/2021

Rinat Safayevich SALIKHOV

1998

Memorial Human Rights Centre

Moscow

Rally in support of Mr Navalnyy

 

Moscow

 

02/02/2021

article 20.2 § 6.1 of CAO

administrative detention for

8 days

Moscow City Court

10/02/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 11.45 p.m. on 02/02/2021 to 9.15 a.m. on 03/02/2021, hearing in the applicant's administrative-offence case,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 10/02/2021,

 

 Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the 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.  

44678/21

26/08/2021

Darya Dmitriyevna LEVKINA

1998

Pomazuyev Aleksandr Yevgenyevich

Vilnius

Rally in support of Mr Navalnyy

 

Kurgan

 

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 15,000

Kurgan Regional Court

17/03/2021

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

 

3,500

  1.  

47849/21

08/09/2021

Yevgeniy Vadimovich ROYZMAN

1962

Fedotova Yuliya

Yekaterinburg

Rally in support of Mr Navalnyy

 

Yekaterinburg

 

23/01/2021

 

Rally in support of Mr Navalnyy

 

Yekaterinburg

 

31/01/2021

 

 

Rally (march) in support of Mr Navalnyy

 

Yekaterinburg

 

21/04/2021

article 20.2 § 5 of CAO

 

 

 

 

 

article 20.2 § 5 of CAO

 

 

 

 

 

 

article 20.2 § 5 of CAO

fine of

RUB 20,000

 

 

 

 

 

fine of

RUB 20,000

 

 

 

 

 

 

fine of RUB 20,000

Sverdlovsk Regional Court

20/05/2021

 

 

 

Sverdlovsk Regional Court, 13/05/2021 and

20/05/2021

 

Sverdlovsk Regional Court

26/05/2021

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions: Sverdlovsk Regional Court, 13/05/2021, 20/05/2021 and 26/05/2021;

 

Art. 10 (1) - conviction for making calls to participate in public events - calls to participate at two unauthorised public rallies in support to Mr A. Navalnyy, scheduled on 31/01/2021 and on 21/04/2021, under art. 20.2 § 2 of the CAO, administrative detention for one day, final decisions: Sverdlovsk Regional Court, 13/05/2021 (both proceedings).

5,000

  1.  

50470/21

01/10/2021

Vladislav Vladimirovich BASHKINOV

2000

Solovyev Stanislav Vyacheslavovich

Moscow

Rally in support of Mr Navalnyy

 

Moscow

 

23/01/2021

article 20.2 § 5 of CAO

fine of

RUB 20,000

Moscow City Court

02/04/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 6.00 p.m. to 10.30 p.m. on 23/01/2021,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 02/04/2021.

 

4,000

 

 


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


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