VINOGRADOV AND OTHERS v. RUSSIA - 25903/21 (Article 11 - Freedom of assembly and association : Third Section Committee) [2024] ECHR 631 (04 July 2024)


BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?

No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!



BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

European Court of Human Rights


You are here: BAILII >> Databases >> European Court of Human Rights >> VINOGRADOV AND OTHERS v. RUSSIA - 25903/21 (Article 11 - Freedom of assembly and association : Third Section Committee) [2024] ECHR 631 (04 July 2024)
URL: http://www.bailii.org/eu/cases/ECHR/2024/631.html
Cite as: [2024] ECHR 631

[New search] [Contents list] [Help]


 

 

 

THIRD SECTION

CASE OF VINOGRADOV AND OTHERS v. RUSSIA

(Applications nos. 25903/21 and 38 others -

see appended list)

 

 

 

 

 

 

JUDGMENT

 

STRASBOURG

4 July 2024

 

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


In the case of Vinogradov and Others v. Russia,

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

 Peeter Roosma, President,
 Ioannis Ktistakis,
 Andreas Zünd, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 30 May 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 nationwide protests in support of the jailed opposition leader, Aleksey Navalnyy. They 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.  The applicants submitted other complaints which also raised issues under the Convention and its Protocols, given the relevant well-established case-law of the Court (see appended table). These complaints are not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention, nor are they inadmissible on any other ground. Accordingly, they must be declared admissible.

13.  Having examined all the material before it, the Court concludes that these complaints also disclose violations of the Convention and its Protocols in the light of its findings in Butkevich v. Russia, no. 5865/07, §§ 63-65, 13 February 2018, Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 115-31, 10 April 2018, and Korneyeva v. Russia, no. 72051/17, §§ 34-36, 8 October 2019, as to various aspects of unlawful deprivation of liberty of organisers or participants of public assemblies; Karelin v. Russia, no. 926/08, §§ 58-85, 20 September 2016, concerning the absence of a prosecuting party in the proceedings under the Code of Administrative Offences (the CAO); Tomov and Others v. Russia, nos. 18255/10 and 5 others, §§ 114-42, 9 April 2019, as regards the conditions of transport of detainees; 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 11 and 13 above, the Court considers that there is no need to deal separately with these remaining complaints.

  1. APPLICATION OF ARTICLE 41 OF THE CONVENTION


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

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

  1. Decides to join the applications;
  2. Holds that it has jurisdiction to deal with these applications as they relate to facts that took place before 16 September 2022;
  3. Declares the complaints under Article 11 of the Convention and the other complaints under the well-established case-law of the Court, as set out in the appended table, admissible, and finds that there is no need to examine separately the remaining complaints under Article 6 of the Convention;
  4. Holds that these applications disclose a breach of Article 11 of the Convention;
  5. Holds that there has been a violation of the Convention and the Protocols thereto as regards the other complaints raised under the well-established case-law of the Court (see appended table);
  6. Holds

(a)  that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;

(b)  that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

Done in English, and notified in writing on 4 July 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

 {signature_p_1} {signature_p_2}

 Viktoriya Maradudina Peeter Roosma

 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.    

25903/21

07/05/2021

Ilya Dmitriyevich VINOGRADOV

1987

Zboroshenko Nikolay Sergeyevich

Mytishchi

Rally "Free Navalnyy"

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

detention for 15 days

Moscow City Court

05/02/2021

Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 31/01/2021;

 

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

5,000

  1.    

27837/21

07/05/2021

Ilya Sergeyevich MARAKUSHEV

1977

Zboroshenko Nikolay Sergeyevich

Mytishchi

Rally "Free Navalnyy"

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

detention for 15 days

Moscow City Court

05/02/2021

Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 31/01/2021;

 

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

5,000

  1.    

28150/21

17/05/2021

Andrey Sergeyevich SHUMAKOV

1998

Bochilo Anna Yevgenyevna

Barnaul

Rally "Free Navalnyy"

 

Barnaul

 

23/01/2021

article 20.2 § 6.1 of CAO

fine of RUB 15,000

Altay Regional Court

10/03/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 3 p.m. on 23/01/2021 until 4.10 p.m. on 24/01/2021;

 

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

4,000

  1.    

28561/21

02/06/2021

Nikita Aleksandrovich ROMANOV

1988

Memorial Human Rights Centre

Moscow

Rally "Free Navalnyy"

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

fine of RUB 10,000

Moscow City Court

04/03/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 2.45 p.m. on 31/01/2021 until 3.30 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.

4,000

  1.    

31821/21

16/06/2021

Vsevolod Grigoryevich SOROKIN

1991

Glushkova Tatyana Sergeyevna

Moscow

Rally "Free Navalnyy"

 

Moscow

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 15,000

Moscow City Court

12/04/2021

Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 4.30 p.m. until 9.20 p.m. on 31/01/2021;

 

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

 

 

4,000

  1.    

31853/21

16/06/2021

Ioann Olegovich RYURIKOV

1997

Bayeva Aleksandra Nikolayevna

Moscow

Rally "Free Navalnyy"

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

detention for 8 days

Moscow City Court

08/02/2021

Art. 3 - inadequate conditions of detention during transport - poor conditions of transfer in a police van on 31/01/2021 for 2 hours and 50 minutes: 10 detainees in a police van equipped to accommodate 8 persons; 0.2-0.3 sq. m of floor space per person; no water; lack of ventilation;

 

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 31/01/2021 until 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;

 

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.

6,000

  1.    

35186/21

18/06/2021

Mikhail Yuryevich MIKHAYLOV

1983

Memorial Human Rights Centre

Moscow

Rally "Free Navalnyy"

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

fine of RUB 10,000

Moscow City Court

26/04/2021

Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 3 p.m. on 31/01/2021 until 12.30 a.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.

4,000

  1.    

35190/21

18/06/2021

Nataliya Aleksandrovna KLYUKA

1963

Memorial Human Rights Centre

Moscow

Rally "Free Navalnyy"

 

Moscow

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 15,000

Moscow City Court

20/04/2021

Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 3 p.m. on 31/01/2021 until 10.43 p.m. on 31/01/2021;

 

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

4,000

  1.    

35483/21

27/06/2021

Miroslav Vladimirovich ZINEVICH

1983

Bochilo Anna Yevgenyevna

Barnaul

Rally "Free Navalnyy"

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

detention for 6 days

Moscow City Court

22/03/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 11.50 a.m. on 31/01/2021 until 1 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;

 

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.  

40857/21

02/08/2021

Aleksandr Sergeyevich LIKHO

1987

Eysmont Mariya Olegovna

Moscow

Rally "Free Navalnyy"

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

detention for 10 days

Moscow City Court

05/02/2021

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

5,000

  1.  

41071/21

30/07/2021

Ivan Gennadyevich TSVETKOV

1994

Memorial Human Rights Centre

Moscow

Rally "Free Navalnyy"

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

detention for 8 days

Moscow City Court

04/02/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 2.30 p.m. on 31/01/2021 until 10 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;

 

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.  

41078/21

30/07/2021

Lev Aleksandrovich KARMANOV

2000

Memorial Human Rights Centre

Moscow

Rally "Free Navalnyy"

 

Moscow

 

17/01/2021

article 20.2 § 6.1 of CAO

detention for 10 days

Moscow City Court

30/01/2021

Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 8 p.m. on 17/01/2021 until 12.40 a.m. on 18/01/2021;

 

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.  

41086/21

30/07/2021

Aleksey Viktorovich BARINOV

1978

Memorial Human Rights Centre

Moscow

Rally "Free Navalnyy"

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

detention for 13 days

Moscow City Court

05/02/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 2.20 p.m. on 31/01/2021 until 5.30 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;

 

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.  

41175/21

26/07/2021

Boris Alekseyevich SINENKO

1994

Bochilo Anna Yevgenyevna

Barnaul

Rally "Free Navalnyy"

 

Moscow

 

23/01/2021

article 20.2 § 6.1 of CAO

detention for 10 days

Moscow City Court

26/02/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 7 p.m. until 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;

 

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.  

41204/21

02/08/2021

Serik Alty-Ayyevich ABILOV

1989

Eysmont Mariya Olegovna

Moscow

Rally "Free Navalnyy"

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

detention for 10 days

Moscow City Court

05/02/2021

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

5,000

  1.  

41260/21

03/08/2021

Yuliya Alekseyevna SHILKINA

1996

Eysmont Mariya Olegovna

Moscow

Rally "Free Navalnyy"

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

detention for 10 days

Moscow City Court

05/02/2021

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

5,000

  1.  

41324/21

31/07/2021

Dmitriy Sergeyevich KOZLOV

1987

Memorial Human Rights Centre

Moscow

Rally "Free Navalnyy"

 

Moscow

 

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 15,000

Moscow City Court

11/05/2021

Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 2.15 p.m. on 23/01/2021 until 12 a.m. on 24/01/2021;

 

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

4,000

  1.  

41450/21

02/08/2021

Aleksandr Valeryevich PARCHIN

1991

Bochilo Anna Yevgenyevna

Barnaul

Rally "Free Navalnyy"

 

Kazan

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Supreme Court of the Tatarstan Republic

21/04/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 1.40 p.m. on 31/01/2021 until 4.40 p.m. on 01/02/2021.

4,000

  1.  

41467/21

31/07/2021

Nikita Valeryevich KHAMNAYEV

1990

Eysmont Mariya Olegovna

Moscow

Rally "Free Navalnyy"

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

detention for 10 days

Moscow City Court

04/02/2021

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

5,000

  1.  

41528/21

29/07/2021

Yelena Vyacheslavovna GOLOTYAK

1983

Memorial Human Rights Centre

Moscow

Rally "Free Navalnyy"

 

Moscow

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

13/05/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2 p.m. until 8 p.m. on 31/01/2021;

 

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

4,000

  1.  

41562/21

03/08/2021

Pavel Aleksandrovich BORODKIN

2001

Zyryanova Mariya Sergeyevna

St Petersburg

Rally "Free Navalnyy"

 

St Petersburg

 

23/01/2021

article 20.2 § 6.1 of CAO

detention for 13 days

St Petersburg City Court

03/02/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 7 p.m. on 23/01/2021 until the trial hearing on 24/01/2021;

 

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

 

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.  

41677/21

04/08/2021

Yegor Igorevich IVANOV

1999

Peredruk Aleksandr Dmitriyevich

St Petersburg

Rally "Free Navalnyy"

 

St Petersburg

 

23/01/2021

article 20.2 § 6.1 of CAO

fine of RUB 10,000

St Petersburg City Court

11/02/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 7.20 p.m. on 23/01/2021 until 3 p.m. on 24/01/2021;

 

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

4,000

  1.  

41694/21

29/07/2021

Vitaliy Vitalyevich POZDNYAKOV

1986

Zboroshenko Nikolay Sergeyevich

Mytishchi

Rally "Free Navalnyy"

 

Moscow

 

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 15,000

Moscow City Court

12/03/2021

Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report 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.

4,000

  1.  

41699/21

29/07/2021

Dmitriy Sergeyevich TKACHEV

1978

Zboroshenko Nikolay Sergeyevich

Mytishchi

Rally "Free Navalnyy"

 

Moscow

 

23/01/2021

article 20.2 § 8 of CAO

100 hours of community work

Moscow City Court

11/05/2021

Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report 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.

4,000

  1.  

51100/21

12/10/2021

Yuriy Nikolayevich KOROID

1981

Memorial Human Rights Centre

Moscow

Rally "Free Navalnyy"

 

Moscow

 

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

12/04/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 5 p.m. on 23/01/2021 until 5 a.m. on 24/01/2021;

 

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

4,000

  1.  

52260/21

01/10/2021

Aleksey Yevgenyevich TYAPAYKIN

1995

Memorial Human Rights Centre

Moscow

Rally "Free 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 detention - escorting to and detention at the police station for compiling an offence report from 3.05 p.m. on 23/01/2021 until 12.05 a.m. on 24/01/2021;

 

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

4,000

  1.  

52721/21

15/10/2021

Olga Anatolyevna SYSOYEVA

1973

Memorial Human Rights Centre

Moscow

Rally "Free Navalnyy"

 

Moscow

 

02/02/2021

article 20.2 § 6.1 of CAO

detention for 8 days

Moscow City Court

22/04/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 11 a.m. on 02/02/2021 until 5.50 p.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;

 

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.  

53269/21

12/10/2021

Sergey Eduardovich LIVAKOVSKIY

1991

Memorial Human Rights Centre

Moscow

Rally "Free Navalnyy"

 

Pskov

 

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 11,000

Pskov Regional Court

12/04/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.51 p.m. until 6 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.

4,000

  1.  

53276/21

12/10/2021

Mariya Sergeyevna SANZHAK

1997

Memorial Human Rights Centre

Moscow

Rally "Free Navalnyy"

 

Moscow

 

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

12/04/2021

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.  

53530/21

19/10/2021

Tatyana Yuryevna DOLGANOVA

1990

Memorial Human Rights Centre

Moscow

Rally "Free Navalnyy"

 

Krasnoyarsk

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Krasnoyarsk Regional Court

20/05/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1 p.m. until 5.30 p.m. on 31/01/2021;

 

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

4,000

  1.  

53777/21

22/10/2021

Kseniya Gennadyevna MASANOVA

1989

Memorial Human Rights Centre

Moscow

Rally "Free Navalnyy"

 

Krasnoyarsk

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 15,000

Krasnoyarsk Regional Court

29/04/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.15 p.m. until 4 p.m. on 31/01/2021;

 

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

4,000

  1.  

54539/21

16/10/2021

Vera Aleksandrovna OZEROVA

2002

Kulikov Ivan Ivanovich

Vladivostok

Rally "Free Navalnyy"

 

Vladivostok

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 15,000

Primorye Regional Court

18/05/2021

Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 3.30 p.m. on 31/01/2021 until 2 a.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.

 

4,000

  1.  

54540/21

16/10/2021

Alisa Konstantinovna DENNITSA

2001

Kulikov Ivan Ivanovich

Vladivostok

Rally "Free Navalnyy"

 

Vladivostok

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 15,000

Primorye Regional Court

13/05/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.30 p.m. on 31/01/2021 until 4 a.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.

4,000

  1.  

54653/21

16/10/2021

Yelena Viktorovna KUROCHKINA

1978

Kulikov Ivan Ivanovich

Vladivostok

Rally "Free Navalnyy"

 

Vladivostok

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 15,000

Primorye Regional Court

20/04/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.15 p.m. on 31/01/2021 until 6 p.m. on 31/01/2021;

 

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

 

4,000

  1.  

57115/21

29/10/2021

Kristina Olegovna PLENSKAYA

1997

Zhernosek Ilya Vladimirovich

Krasnoyarsk

Rally "Free Navalnyy"

 

Krasnoyarsk

 

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Krasnoyarsk Regional Court

17/06/2021

Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report 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.

 

4,000

  1.  

57129/21

29/10/2021

Yevgeniy Maksimovich BRYUKHANOV

2001

Zhernosek Ilya Vladimirovich

Krasnoyarsk

Rally "Free Navalnyy"

 

Krasnoyarsk

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Krasnoyarsk Regional Court

20/05/2021

Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 31/01/2021;

 

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

4,000

  1.  

57508/21

29/10/2021

Danila Andreyevich ZHAVORONKOV

2002

Zhernosek Ilya Vladimirovich

Krasnoyarsk

Rally "Free Navalnyy"

 

Krasnoyarsk

 

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Krasnoyarsk Regional Court

22/07/2021

Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report 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.

 

4,000

  1.  

58708/21

16/11/2021

Maksim Sergeyevich BRYAZYAKOV

2003

Kabirov Rushan Rafisovich

Kazan

Rally "Free Navalnyy"

 

Kazan

 

21/04/2021

article 20.2 § 8 of CAO

detention for 5 days

Supreme Court of the Tatarstan Republic

26/05/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 9.50 p.m. on 21/04/2021 until 22/04/2021;

 

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.  

58749/21

30/11/2021

Konstantin Sergeyevich BUKOVETSKIY

1998

Zadorozhnaya Mariya Aleksandrovna

Nizhniy Novgorod

Rally "Free Navalnyy"

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

fine of RUB 15,000

Moscow City Court

01/06/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 12.30 p.m. on 31/01/2021 until 2 a.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.

4,000

 

 


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


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/eu/cases/ECHR/2024/631.html