THIRD SECTION

CASE OF BELYANSKIY AND OTHERS v. RUSSIA

(Applications nos. 65026/16 and 18 others –

see appended list)

JUDGMENT

STRASBOURG

13 October 2022

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

In the case of Belyanskiy and Others v. Russia,

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

Darian Pavli, President, Andreas Zünd, Frédéric Krenc, judges, and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 15 September 2022,

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 unlawful detention (deprivation of liberty). They also raised other complaints under the provisions of the Convention.

THE LAW

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

6. The applicants complained that the administrative escorting and arrest procedures and their ensuing detention had been in contravention of Article 5 § 1 of the Convention, which, in so far as relevant, reads as follows:

“1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:...

(c) the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so; ...”

7. The Court has previously examined complaints brought by persons arrested and detained in similar circumstances in Russia. Having examined the applicable domestic regulations, the Court established that, under the Russian law, the escorting to a police station and ensuing detention there for the purpose of preparing an administrative arrest record would be permissible only if such record could not be drawn up at the place where the alleged offence had been discovered. The law also required that such escorting and detention be an “exceptional case” and necessary for the prompt and proper examination of the alleged administrative case or to secure the enforcement of any penalty to be imposed (see, for example, Navalnyy v. Russia [GC], nos. 29580/12 and 4 others, § 71, 15 November 2018). The authorities’ failure to comply with those requirements, in the Court’s view, led to it finding a violation of Article 5 § 1 of the Convention (see, in particular, Korneyeva v. Russia , no. 72051/17, §§ 34-36, 8 October 2019).

8. 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 on the admissibility (including taking into account the three-month extension introduced by decision of the President of the Court in 2020 as a consequence of the lockdown imposed in France on account of the COVID ‑ 19 pandemic (see Saakashvili v. Georgia (dec.), nos. 6232/20 and 22394/20, §§ 46-59, 1 March 2022)) and merits of these complaints. The Court discerns nothing in the official records submitted for it to conclude that recourse to such procedures was justified, as required by Russian law. It concludes that that the national authorities failed to comply with applicable rules of domestic procedure and considers that the applicants’ arrest and detention were not “in accordance with a procedure prescribed by law”.

9. These complaints are therefore admissible and disclose a breach of Article 5 § 1 of the Convention.

10. The 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. Having examined all the material before it, the Court concludes that they also disclose violations of the Convention in the light of its well-established case-law (see Karelin v. Russia , no. 926/08, 20 September 2016, concerning examination of criminal cases in the absence of a prosecuting party in the judicial proceedings governed by the Federal Code of Administrative Offences, Frumkin v. Russia , no. 74568/12, 5 January 2016, concerning disproportionate measures taken by the authorities against organisers and participants of public assemblies, and Tsvetkova and Others v. Russia , nos. 54381/08 and 5 others, §§ 178-91, 10 April 2018, concerning lack of a suspensive effect of an appeal and immediate execution of a sentence of administrative detention).

11. In view of the above findings under, the Court considers that there is no need to deal separately with the remainder of the applicants’ complaints under Article 6 of the Convention concerning the alleged unfairness of the criminal (administrative) proceedings against them.

12. In applications nos. 57194/19 and 57233/19 the applicants also raised other complaints under various Articles of the Convention.

13. The Court has examined the applications and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.

It follows that this part of the applications must be rejected in accordance with Article 35 § 4 of the Convention.

14. Article 41 of the Convention provides:

“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”

15. Regard being had to the documents in its possession and to its case ‑ law (see, in particular, Saidov v. Russia [Committee], no. 31872/19, § 23, 26 July 2022), the Court considers it reasonable to award the sums indicated in the appended table.

16. The Court further considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

(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 13 October 2022, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Viktoriya Maradudina Darian Pavli Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 5 § 1 of the Convention

(unlawful detention (deprivation of liberty))

No.

Application no.

Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Start date of unauthorised detention

End date of unauthorised detention

Specific defects

Other complaints under well-established case-law

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant

(in euros) [1]

65026/16

21/10/2016

Stanislav Olegovich BELYANSKIY

1965Yevgeniy Vyacheslavovich Antokhin

Moscow

12/12/2015

14/12/2015

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 (see Korneyeva v. Russia,

no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and

8 other applications, § 35, 2 July 2019).

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

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - March for Change

Pushkinskaya Square, Moscow 12/12/2015 Article 19.3 § 1 of CAO, fine of RUB 1,000

Moscow City Court 22/04/2016.

3,900

5162/18

12/01/2018

Yevgeniy Andreyevich LOYKO

1984Konstantin Ilyich Terekhov

Moscow

26/03/2017

5.40 p.m.

10/08/2019

26/03/2017

11.05 p.m.

.

10/08/2019

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 (see Korneyeva v. Russia,

no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and

8 other applications, § 35, 2 July 2019).

Applicant taken to the police station as an administrative suspect for the purposes of compiling an offence record: no written record of the administrative escort (Art. 27.2 § 3 CAO)

(see Timishev v. Russia [Committee], no. 47598/08,

§ 21, 28 November 2017),

Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others, cited above, §§ 121-22).

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

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - Arrests of the applicant at manifestations on 26/03/2017 and 10/08/2019 (final decisions – Moscow City Court 24/07/2017 and 12/09/2019, respectively).

3,900

44149/19

08/08/2019

Roman Vladimirovich LOBACHEV

1977Oleg Aleksandrovich Yelanchik

Moscow

16/12/2018

2 p.m.

16/12/2018

7 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 (see Korneyeva v. Russia,

no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and

8 other applications, § 35, 2 July 2019).

Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others, cited above, §§ 121-22).

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

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - Public manifestation

Moscow 16/12/2018

Article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 08/02/2019.

3,900

52684/19

30/09/2019

Aleksey Alekseyevich POLIKHOVICH

1990Svetlana Ivanovna Sidorkina

Moscow

11/08/2019 1.30 a.m.

12/08/2019 (date of the applicant’s administrative conviction; no exact time)

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 (see Korneyeva v. Russia,

no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and

8 other applications, § 35, 2 July 2019),

Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others, cited above, §§ 121-22).

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 applicant was sentenced to 13 days in detention on 12/08/2019 (to be calculated from the moment of his arrest on 11/08/2019), and the appellate proceedings took place on 22/08/2019. I.e., the applicant was already serving his administrative sentence by the time the appeal court reviewed the trial judgment;

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - Administrative conviction under Article 20.1 §1 of CAO for participation on 10/08/2019 in Moscow in unauthorised manifestation for fair elections to Mosgorduma/ 13 days of administrative detention/ Moscow City Court on 22/08/2019

(appeal decision).

3,900

57194/19

23/10/2019

Roman Sergeyevich YARGUNOV

1995

27/07/2019

7.20 p.m.

29/07/2019 (date of the applicant’s administrative conviction; no exact time)

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 (see Korneyeva v. Russia,

no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and

8 other applications, § 35, 2 July 2019).

Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others, cited above, §§ 121-22).

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

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - Conviction under Article 20.2 § 6.1 of CAO for participation on 27/07/2019 in Moscow in manifestation for fair elections to Mosgorduma/ administrative detention of 7 days/ Moscow City Court on 07/08/2019 (appeal decision).

3,900

57233/19

23/10/2019

Klimentiy Sergeyevich RYAZANTSEV

1999

27/07/2019

7.50 p.m.

29/07/2019 (no exact time; after the hearings in the Troitskiy District Court of Moscow)

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 (see Korneyeva v. Russia,

no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and

8 other applications, § 35, 2 July 2019).

Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others, cited above, §§ 121-22).

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

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - Conviction under

Article 20.2 § 6.1 of CAO for participation on 27/07/2019 in Moscow in manifestation for fail elections to Mosgorduma

administrative fine of RUB 15,000

Moscow City Court on 28/08/2019 (appeal decision).

3,900

10083/20

10/02/2020

Kirill Pavlovich SKRIPIN

1994

10/08/2019

2.50 p.m.

10/08/2019

8.00 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 (see Korneyeva v. Russia,

no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and

8 other applications, § 35, 2 July 2019).

Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others, cited above, §§ 121-22).

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

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - Conviction under Article 20.2 § 5 of CAO for participation on 10/08/2019 in Rostov-on-Don in manifestation for fair elections to Mosgorduma/ administrative fine of RUB 10,000/ Rostov Regional Court on 28/10/2019 (appeal decision).

3,900

12659/20

25/02/2020

Stanislav Andreyevich KORENYUGIN

1995Grigoriy Sergeyevich Chervonnyy

Moscow

27/07/2019

03/08/2019

27/07/2019

03/08/2019

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 (see Korneyeva v. Russia,

no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and

8 other applications, § 35, 2 July 2019).

Applicant taken to the police station as an administrative suspect for the purposes of compiling an offence record: no written record of the administrative escort (Art. 27.2 § 3 CAO)

(see Timishev v. Russia [Committee], no. 47598/08, § 21, 28 November 2017).

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

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - The applicant’s arrest at manifestations on 27/07/2019 and 03/08/2019 (final decision - Moscow City Court, 26/11/2019)

3,900

14016/20

27/02/2020

Andrey Sergeyevich STARIKOV

1998Bochilo Anna Yevgenyevna

Barnaul

10/08/2019

11/08/2019

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 (see Korneyeva v. Russia,

no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and

8 other applications, § 35, 2 July 2019).

Applicant taken to the police station as an administrative suspect for the purposes of compiling an offence record: no written record of the administrative escort (Art. 27.2 § 3 CAO)

(see Timishev v. Russia [Committee],

no. 47598/08, § 21, 28 November 2017).

Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others, cited above, §§ 121-22).

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

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - Arrest of the applicant at a manifestation on 10/08/2019 (final decision – Moscow City Court 24/09/2019)

3,900

15046/20

12/03/2020

Anton Sergeyevich LVOV

1988Irina Aleksandrovna Yatsenko

Moscow

10/08/2019

6.10 p.m.

10/08/2019

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 (see Korneyeva v. Russia,

no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and

8 other applications, § 35, 2 July 2019).

Applicant taken to the police station as an administrative suspect for the purposes of compiling an offence record: no written record of the administrative escort (Art. 27.2 § 3 CAO)

(see Timishev v. Russia [Committee], no. 47598/08, § 21, 28 November 2017).

Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others, cited above, §§ 121-22).

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

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - Arrest of the applicant on 10/08/2019 at a manifestation (final decision – Moscow City Court 12/09/2019)

3,900

19307/20

26/03/2020

Yuriy Borisovich ZUYEV

1974Natalya Andreyevna Balog

Krasnoyarsk

03/08/2019

6.05 p.m.

04/08/2019

2.10 a.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 (see Korneyeva v. Russia,

no. 72051/17,§ 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and

8 other applications, § 35, 2 July 2019).

Applicant taken to the police station as an administrative suspect for the purposes of compiling an offence record: no written record of the administrative escort (Art. 27.2 § 3 CAO)

(see Timishev v. Russia [Committee], no. 47598/08, § 21, 28 November 2017).

Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others, cited above, §§ 121-22).

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

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - The applicant’s arrest at a manifestation on 03/08/2019 (final decision – Moscow City Court 30/09/2019).

3,900

21455/20

13/05/2020

Tamerlan Supyanovich KHUNAYEV

1995Mariya Olegovna Eysmont

Moscow

03/08/2019

5 p.m.

04/08/2019

3 a.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 (see Korneyeva v. Russia,

no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and

8 other applications, § 35, 2 July 2019).

Applicant taken to the police station as an administrative suspect for the purposes of compiling an offence record: no written record of the administrative escort (Art. 27.2 § 3 CAO)

(see Timishev v. Russia [Committee], no. 47598/08, § 21, 28 November 2017).

Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others, cited above, §§ 121-22).

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

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - The applicant’s arrest at a manifestation on 03/08/2019 (final decision – Moscow City Court 14/10/2019).

3,900

25754/20

12/05/2020

Ivan Petrovich SHEVLYAGIN

2000Markin Konstantin Aleksandrovich

Velikiy Novgorod

03/08/2019

3.15 p.m.

03/08/2019

10.29 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 (see Korneyeva v. Russia,

no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and

8 other applications, § 35, 2 July 2019).

Applicant taken to the police station as an administrative suspect for the purposes of compiling an offence record: no written record of the administrative escort (Art. 27.2 § 3 CAO)

(see Timishev v. Russia [Committee], no. 47598/08, § 21, 28 November 2017),

Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others, cited above, §§ 121-22).

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

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - The applicant’s arrest at a manifestation on 03/08/2019 (final decision – Moscow City Court 14/11/2019).

3,900

26519/20

12/02/2020

Artem Igorevich BORISOV

1995Mariya Valeryevna Chashchilova

Moscow

10/08/2019

10/08/2019

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 (see Korneyeva v. Russia,

no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and

8 other applications, § 35, 2 July 2019).

Applicant taken to the police station as an administrative suspect for the purposes of compiling an offence record: no written record of the administrative escort (Art. 27.2 § 3 CAO)

(see Timishev v. Russia [Committee], no. 47598/08, § 21, 28 November 2017).

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

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - The applicant’s arrest at a manifestation on 10/08/2019 (final decision – Moscow City Court, 04/09/2019).

3,900

26863/20

13/05/2020

Konstantin Vladimirovich KLEMANSOV

1975Natalya Aleksandrovna Nechiporenko

Moscow

03/08/2019

03/08/2019

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 (see Korneyeva v. Russia,

no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and

8 other applications, § 35, 2 July 2019).

Applicant taken to the police station as an administrative suspect for the purposes of compiling an offence record: no written record of the administrative escort (Art. 27.2 § 3 CAO)

(see Timishev v. Russia [Committee], no. 47598/08, § 21, 28 November 2017).

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

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - The applicant’s arrest at a manifestation on 03/08/2019 (final decision - Moscow City Court 14/10/2019).

3,900

27073/20

11/06/2020

Mariya Vladimirovna SARABYANOVA

1993Nikonov Fedor Andreyevich

Moscow

03/08/2019

03/08/2019

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 (see Korneyeva v. Russia,

no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and

8 other applications, § 35, 2 July 2019).

Applicant taken to the police station as an administrative suspect for the purposes of compiling an offence record: no written record of the administrative escort (Art. 27.2 § 3 CAO)

(see Timishev v. Russia [Committee], no. 47598/08, § 21, 28 November 2017).

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

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - The applicant’s arrest at a manifestation on 03/08/2019 (final decision – Moscow City Court 14/11/2019).

3,900

28424/20

06/04/2020

Ilya Andreyevich SMIRNOV

1991Chashchilova Mariya Valeryevna

Moscow

03/08/2019

03/08/2019

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 (see Korneyeva v. Russia,

no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and

8 other applications, § 35, 2 July 2019).

Applicant taken to the police station as an administrative suspect for the purposes of compiling an offence record: no written record of the administrative escort (Art. 27.2 § 3 CAO)

(see Timishev v. Russia [Committee],

no. 47598/08, § 21, 28 November 2017).

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

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - The applicant’s arrest at a manifestation on 03/08/2019 (final decision - Moscow City Court 10/10/2019).

3,900

30688/20

04/07/2020

Dmitriy Anatolyevich PETRENKO

1972Oleg Aleksandrovich Yelanchik

Moscow

03/08/2019

03/08/2019

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 (see Korneyeva v. Russia,

no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and

8 other applications, § 35, 2 July 2019).

Applicant taken to the police station as an administrative suspect for the purposes of compiling an offence record: no written record of the administrative escort (Art. 27.2 § 3 CAO)

(see Timishev v. Russia [Committee], no. 47598/08, § 21, 28 November 2017).

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - The applicant’s arrest at a manifestation on 03/08/2019 (final decision – Moscow City Court 04/10/2019).

3,900

30513/20

04/07/2020

Mikhail Mikhaylovich SMIRNOV

1976Dmitriy Yevgenyevich AVERYANOV

1973Ernest Aleksandrovich Mezak

Nantes

03/08/2019

03/08/2019

Applicants taken to the police station as administrative suspects: 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 (see Korneyeva v. Russia,

no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and

8 other applications, § 35, 2 July 2019).

Applicants taken to the police station as administrative suspects for the purposes of compiling an offence record: no written record of the administrative escort (Art. 27.2 § 3 CAO)

(see Timishev v. Russia [Committee], no. 47598/08, § 21, 28 November 2017).

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

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - The applicants’ arrest at a manifestation on 03/08/2019 (final decision – Moscow City Court 04/10/2019).

3,900

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