Communicated on 20 November 2019

THIRD SECTION

Applications nos. 71223/17 and 44143/18 Ilya Aleksandrovich ZAYTSEV against Russia and Bashir Yusupovich VAGABOV against Russia lodged on 27 September 2017 and 4 September 2018 respectively

STATEMENT OF FACTS

The applicants are Russian nationals.

The circumstances of the cases

The facts of the cases, as submitted by the applicants, may be summarised as follows.

The applicant in this case is Mr Ilya Aleksandrovich Zayts ev , who was born on 10 February 1984 and lives in Moscow. He is represented by Ms K. Mehtiyeva , a lawyer practising in Paris.

On 26 March 2017 the police arrested the applicant for refusal to comply with the policemen ’ s orders to put an end to breach of peace (the applicant allegedly took part in an unauthorised manifestation). The applicant was taken to a police station where he was given a copy of the arrest record which indicated the charge. The applicant remained in custody pending the court hearing.

On 28 March 2017 the Tverskoy District Court of Moscow heard the applicant ’ s case. The applicant claimed that he had not taken part in the manifestation. He had merely happened to be in the area. The court found the applicant guilty as charged and sentenced him to 10 days ’ detention.

On 31 March 2017 the Moscow City Court upheld the applicant ’ s conviction on appeal.

The applicant in this case is Mr Bashir Yusupovich Vagabov who was born on 18 April 1989 and lives in Kara, Dagestan Republic. He is represented by Mr I. Zhdanov, a lawyer practising in Moscow.

On 28 January 2018 the police arrested the applicant on the charge of violation of the procedure prescribed for the conduct of a public gathering.

On the same date the Tsentralniy District Court of Volgograd heard the applicant ’ s case. The applicant claimed that he had not taken part in the manifestation. The court found the applicant guilty as charged and ordered him to pay a fine in the amount of 10,000 Russian roubles .

On 14 March 2018 the Volgograd Regional Court upheld the applicant ’ s conviction on appeal.

COMPLAINTS

The applicants complain under Article 5 § 1 of the Convention that their arrest and detention were not “lawful” or “in accordance with a procedure prescribed by law”.

The applicant (application no. 44143/18) complains under Article 6 § 1 of the Convention that the courts which dealt with his case were not impartial.

COMMON QUESTION

Were the applicants ’ arrest and detention “lawful” and “in accordance with a procedure prescribed by law” as required by Article 5 § 1 of the Convention (see Navalnyy and Yashin v. Russia , no. 76204/11 , §§ 89-98, 4 December 2014) ?

CASE SPECIFIC QUESTION

As regards application no. 44143/18, were the courts which dealt with the applicants ’ cases impartial, as required by Article 6 § 1 of the Convention (see Karelin v. Russia , no. 926/08 , §§ 38-85, 20 September 2016) ?