Lexploria

Published on 21 November 2022

FIRST SECTION

Application no. 20518/17 Rustem Mamutovych VAITOV and Others against Russia and 40 other applications (see list appended) communicated on 28 October 2022

SUBJECT MATTER OF THE CASE

The applications originate from the conflict between Ukraine and the Russian Federation when the Russian Federation asserted jurisdiction over Crimea in 2014.

The applications concern criminal proceedings instituted against the applicants in connection with their alleged participation in the activities of Hizb ut-Tahrir al-Islami (the Party of Islamic Liberation – hereinafter “Hizb ut-Tahrir”). On 14 February 2003 the Supreme Court of the Russian Federation found fifteen organisations, including Hizb ut-Tahrir, to be terrorist organisations and prohibited their activity in the territory of Russia. After the assertion of the Russian jurisdiction over Crimea, these legal provisions began to be applied on the territory of the peninsula as well.

On various dates Russian courts in Crimea ordered the applicants’ pre ‑ trial detentions, which were prolonged on a number of occasions. In some applications the applicants were found guilty of the charges and sentenced to various periods of imprisonment. In application no. 19835/21 the applicant was acquitted after almost three years of detention.

Referring, inter alia, to Article 3 of Protocol no. 4 the applicants in all applications, except for applications nos. 20518/17, 46414/17, 4705/20, 51619/20 and 2122/21, complain that during the criminal proceedings they were transferred from detention facilities located on the territory of Crimea to detention facilities in the Russian Federation. Thus, the applicants state that they, being Ukrainian nationals, were expelled from the territory of their State. Moreover, referring to Article 14 of the Convention in conjunction with Articles 5 and 6 of the Convention and Article 3 of Protocol no. 4 thereto Most applicants allege that they were treated as Russian nationals notwithstanding the fact that they were in fact Ukrainian nationals residing on “the occupied” territory and they allege that this represented a discriminatory treatment. The applicant in the application no. 4705/20 alleges that he was subjected to discrimination on the ground of his Tatar ethnicity.

The applicants in applications nos. 20518/17, 46414/17, 7932/18, 4705/20, 27630/20, 51619/20 and 2122/21 allege violations of Article 6 of the Convention. In applications nos. 20518/17, 7932/18, 4705/20, 27630/20 and 2122/21 the applicants complain, inter alia , that the courts examining their cases were not independent and impartial tribunals established by law within the meaning of Article 6 § 1 of the Convention. Moreover, the applicants in applications nos. 46414/17, 4705/20, 27630/20 and 2122/21 rely on Article 6 §§ 1 and 3 (d) of the Convention and allege that that their convictions have been based on statements by anonymous witnesses.

In applications nos. 20518/17, 7932/18, 4705/20, 27630/20 and 51619/20 the applicants complain that Russian legislation, namely the legal provisions concerning Hizb ut-Tahrir, could not be applied on the territory of Crimea and that this organisation is not prohibited in Ukraine. They rely on Article 7 of the Convention in this regard.

Furthermore, the applicants in applications 20518/17, 46414/17, 7932/18, 4705/20, 27630/20, 51619/20, 19835/21, 37298/21, 38875/21 and 42153/21 allege numerous violations of Article 5 of the Convention on the grounds of, inter alia , the alleged lack of relevant and sufficient reasons for their detention, excessive length of detention and failure of the courts to carry out a speedy review of the lawfulness of their detention. Moreover, referring to Article 13 of the Convention in conjunction with Articles 5 and 6 of the Convention, the applicant in application no. 51619/20 also alleges that being under Russian jurisdiction, he had no effective remedies in respect of the alleged violations.

In two applications, namely nos. 7932/18 and 27630/20, the applicants allege that their detention and imprisonment on the territory of Russia, far away from their homes in Crimea, violate their right to respect for their family life under Article 8 of the Convention.

Lastly, the applicants in applications nos. 7932/18 and 51619/20 complain that their detentions and subsequent convictions were aimed at suppressing opposition to “the occupying power”, in breach of Article 18 of the Convention.

QUESTIONS TO THE APPLICANTS AND THE RUSSIAN GOVERNMENT

1. Have the applicants complied with the admissibility requirements set forth in Article 35 § 1 of the Convention?

2. In applications nos. 20518/17, 46414/17, 51619/20, 37298/21, 38875/21 and 42153/21, were the applicants deprived of their liberty in breach of Article 5 § 1 of the Convention?

In application nos. 7932/18 and 4705/20, can the applicants’ prison sentences be considered a deprivation of liberty in breach of Article 5 § 1 (a) of the Convention?

3. Was the length of the applicants’ pre-trial detention in applications nos. 20518/17, 46414/17, 51619/20, 27630/20, 37298/21, 19835/21, 38875/21 and 42153/21 in breach of the “reasonable time” requirement of Article 5 § 3 of the Convention?

4. Did the length of the proceedings in applications nos. 27630/20 and 19835/21, by which the applicants sought to challenge the lawfulness of their detention, comply with the “speed” requirement of Article 5 § 4 of the Convention?

5. Did the applicant in application no. 7932/18 have an effective and enforceable right to compensation, as required by Article 5 § 5 of the Convention, in respect of his detention allegedly in breach of Article 5 § 1?

6. Having regard to the allegations made by the applicants in applications nos. 20518/17, 46414/17, 7932/18, 4705/20, 27630/20, 51619/20 and 2122/21, did the applicants have a fair hearing in the determination of the criminal charges against them by an independent and impartial tribunal established by law, in accordance with Article 6 § 1 of the Convention?

In this connection, in applications nos. 46414/17, 4705/20, 27630/20 and 2122/21, were the applicants’ rights guaranteed by Article 6 §§ 1 and 3 (d) of the Convention respected in so far as the identity of some witnesses who testified against them remained undisclosed during the trial?

7. Did the relevant provisions on the basis of which the applicants in application nos. 20518/17, 7932/18, 4705/20, 27630/20 and 51619/20 were convicted fulfil the qualitative requirements as have been set out in the Court’s case-law under Article 7 of the Convention (see Scoppola v. Italy (no. 2) [GC], no. 10249/03, § 99, 17 September 2009)?

8. As regards applications nos. 7932/18 and 27630/20, were the applicants’ transfers to Russian detention facilities compatible with the guarantees of Article 8 of the Convention?

9. Are there any effective remed i es within the meaning of Article 13 of the Convention in respect of the applicant’s complaints under Articles 5 and 6 of the Convention in application no. 51619/20?

10. In respect of applications nos. 7932/18, 14363/20, 14597/20, 14670/20, 14736/20, 27630/20, 33964/20, 45090/20, 46998/20, 47142/20, 19835/21, 20233/21, 20238/21, 20241/21, 27648/21, 37298/21, 37597/21, 37604/21, 38077/21, 38079/21, 38084/21, 38088/21, 38756/21, 38820/21, 38875/21, 38887/21, 38890/21, 38891/21, 39173/21, 39177/21, 42153/21, 42302/21, 42308/21, 42314/21, 42318/21 and 46227/21, were the applicants, Ukrainian nationals, expelled from the territory of their State, in breach of Article 3 § 1 of Protocol No. 4 and/or Article 8 of the Convention?

11. Have the applicants in applications nos. 20518/17, 7932/18, 4705/20, 45090/20, 46998/20, 47142/20, 20233/21, 20238/21, 20241/21, 27648/21, 37597/21, 37604/21, 38077/21, 38079/21, 38084/21, 38088/21, 38756/21, 38820/21, 38875/21, 38887/21, 38890/21, 38891/21, 39173/21, 39177/21, 42153/21, 42302/21, 42308/21, 42314/21, 42318/21 and 46227/21 suffered discrimination in the enjoyment of their rights under Article 6 of the Convention (as regards applications nos. 20518/17, 7932/18 and 4705/20) and Article 3 § 1 of Protocol No. 4 (as regards the remaining applications mentioned above) contrary to Article 14 of the Convention?

12. In cases nos. 7932/18 and 51619/20 were the restrictions imposed by the respondent State, purportedly pursuant to Articles 5 and 6 of the Convention, applied for a purpose other than those envisaged by those provisions, contrary to Article 18 of the Convention?

QUESTIONS TO THE APPLICANT AND THE UKRAINIAN GOVERNMENT IN APPLICATION No. 46414/17

1. Has the applicant in this application complied with the admissibility requirements set forth in Article 35 § 1 of the Convention?

2. Was the applicant deprived of his liberty in breach of Article 5 § 1 of the Convention?

3. Did the applicant have a fair hearing in the determination of the criminal charges against him by an independent and impartial tribunal established by law, in accordance with Article 6 § 1 of the Convention? In this connection, were the applicant’s rights secured by Article 6 §§ 1 and 3 (d) of the Convention respected in so far as the identity of some witnesses remained undisclosed during the trial?

APPENDIX

No.

Application no.

Case name

Lodged on

Applicant Year of Birth Place of Residence Nationality

Represented by

1.

20518/17

Vaitov and Оthers v. Russia

07/03/2017

Rustem Mamutovych VAITOV 1986 Kurgan Ukrainian Yuriy Volodymyrovych PRYMOV 1976 Yasnyy Ukrainian Ferat Refatovych SAYFULLAYEV 1983 Omutnynsk Ukrainian

Mykhaylo Oleksandrovych TARAKHKALO

2.

46414/17

Kuku v. Russia and Ukraine

26/12/2016

Emir-Usein Kemalovich KUKU 1976 CRIMEE Ukrainian

Aleksandr Vasilyevich POPKOV

3.

7932/18

Zeytullayev v. Russia

20/01/2018

Ruslan Borisovich ZEYTULLAYEV 1985 CRIMEE Ukrainian

Anastasiya Romanivna MARTYNOVSKA

4.

4705/20

Mamutov and Others v. Russia

10/01/2020

Enver Shevketovich MAMUTOV 1975 Kochubeyevskoye Ukrainian Rustem Seyranovich ABILTAROV 1979 Kochubeyevskoye Ukrainian Zevri Serdarovich ABSEITOV 1975 Kochubeyevskoye Ukrainian Remzi Shevketovich MEMETOV 1966 Kochubeyevskoye Ukrainian

Olga Mykolayivna KURYSHKO

5.

14363/20

Saliyev v. Russia

11/03/2020

Seyran Alimovich SALIYEV 1985 Rostov-na-Donu Russian

Roman Yuriyovych MARTYNOVSKYY

6.

14597/20

Zekiryayev v. Russia

11/03/2020

Server Zekiyevich ZEKIRYAYEV 1973 Rostov-na-Donu Ukrainian

Roman Yuriyovych MARTYNOVSKYY

7.

14670/20

Belyalov v. Russia

10/03/2020

Memet Reshatovich BELYALOV 1989 Rostov-na-Donu Ukrainian

Roman Yuriyovych MARTYNOVSKYY

8.

14736/20

Ibragimov v. Russia

11/03/2020

Timur Izetovich IBRAGIMOV 1985 Rostov-na-Donu Ukrainian

Roman Yuriyovych MARTYNOVSKYY

9.

27630/20

Dzhepparov v. Russia

07/05/2020

Arsen Bormambetovich DZHEPPAROV 1991 Shakhty Russian, Ukrainian

Simon

PAPUASHVILI

10.

33964/20

Asanov v. Russia

10/03/2020

Marlen Rifatovich ASANOV 1977 Rostov-na-Donu Russian

Roman Yuriyovych MARTYNOVSKYY

11.

45090/20

Omerov v. Russia

01/10/2020

Enver Viktorovich OMEROV 1961 Rostov-na-Dony Ukrainian

Roman Yuriyovych MARTYNOVSKYY

12.

46998/20

Omerov v. Russia

08/10/2020

Riza Enverovich OMEROV 1988 Rostov-na-Donu Ukrainian

Roman Yuriyovych MARTYNOVSKYY

13.

47142/20

Dzhapparov v. Russia

13/10/2020

Ayder Enverovich DZHAPPAROV 1980 Rostov-na-Donu Ukrainian

Roman Yuriyovych MARTYNOVSKYY

14.

51619/20

Mamedeminov v. Russia

13/11/2020

Nariman Ibragimovych MAMEDEMINOV 1993 Kholmovka Ukrainian

Anastasiya Romanivna MARTYNOVSKA

15.

2122/21

Bekirov v. Russia

25/12/2020

Inver Nebiyevich BEKIROV 1963 Salavat Russian, Ukrainian

Natalya Yuryevna MOROZOVA

16.

19835/21

Ametov v. Russia

13/03/2021

Ernest Seyarovich AMETOV 1985 Bakhchisaray Russian, Ukrainian

Olga Pavlovna TSEYTLINA

17.

20233/21

Seytumerov v. Russia

09/04/2021

Seytumer Shukriyevich SEYTUMEROV 1988 Rostov-na-Donu Ukrainian

Roman Yuriyovych MARTYNOVSKYY

18.

20238/21

Seitmemetov v. Russia

09/04/2021

Rustem Abduramanovich SEITMEMETOV 1973 Rostov-na-Donu Ukrainian

Roman Yuriyovych MARTYNOVSKYY

19.

20241/21

Seytumerov v. Russia

09/04/2021

Osman Shukriyevich SEYTUMEROV 1992 Rostov-na-Donu Ukrainian

Roman Yuriyovych MARTYNOVSKYY

20.

27648/21

Osmanov v. Russia

12/05/2021

Erfan Serverovich OSMANOV 1982 Rostov-na-Donu Ukrainian

Roman Yuriyovych MARTYNOVSKYY

21.

37298/21

Bekirov v. Russia

13/07/2021

Akim Ekremovych BEKIROV 1988 Sverdlovskoye Ukrainian

Anastasiya Romanivna MARTYNOVSKA

22.

37597/21

Bazarov v. Russia

20/07/2021

Farkhod Egamberdiyovych BAZAROV 1986 Simferopol Ukrainian

Anastasiya Romanivna MARTYNOVSKA

23.

37604/21

Bekirov v. Russia

20/07/2021

Remzi Rustemovych BEKIROV 1985 Pervomayske Ukrainian

Anastasiya Romanivna MARTYNOVSKA

24.

38077/21

Seytkhalilov v. Russia

12/07/2021

Rustem Narimanovich SEYTKHALILOV 1984 Rostov-na-Donu Ukrainian

Roman Yuriyovych MARTYNOVSKYY

25.

38079/21

Suleymanov v. Russia

12/07/2021

Eskender Serverovich SULEYMANOV 1973 Rostov-na-Donu Ukrainian

Roman Yuriyovych MARTYNOVSKYY

26.

38084/21

Seytabdiyev v. Russia

13/07/2021

Seytveli Eskenderovich SEYTABDIYEV 1994 Rostov-na-Donu Ukrainian

Roman Yuriyovych MARTYNOVSKYY

27.

38088/21

Yanikov v. Russia

13/07/2021

Asan Aliyevich YANIKOV 1986 Rostov-na-Donu Ukrainian

Roman Yuriyovych MARTYNOVSKYY

28.

38756/21

Abdullayev v. Russia

20/07/2021

Izzet Mustafayevich ABDULLAYEV 1986 Rostov-na-Donu Ukrainian

Roman Yuriyovych MARTYNOVSKYY

29.

38820/21

Abdulgaziyev v. Russia

20/07/2021

Tofik Sultanovich ABDULGAZIYEV 1981 Rostov-na-Donu Ukrainian

Roman Yuriyovych MARTYNOVSKYY

30.

38875/21

Gaziyev v. Russia

26/07/2021

Servet Abduraimovych GAZIYEV 1960 Trekhprudne Ukrainian

Anastasiya Romanivna MARTYNOVSKA

31.

38887/21

Muyedinov v. Russia

18/07/2021

Yashar Seyfetdinovich MUYEDINOV 1968 Rostov-na-Donu Ukrainian

Roman Yuriyovych MARTYNOVSKYY

32.

38890/21

Umerov v. Russia

18/07/2021

Shaban Izzetovich UMEROV 1969 Rostov-na-Donu Ukrainian

Roman Yuriyovych MARTYNOVSKYY

33.

38891/21

Gafarov v. Russia

18/07/2021

Dzhemil Abdullayevich GAFAROV 1962 Rostov-na-Donu Ukrainian

Roman Yuriyovych MARTYNOVSKYY

34.

39173/21

Abdulkadyrov v. Russia

22/07/2021

Vladlen Vasilyevich ABDULKADYROV 1979 Rostov na Donu Ukrainian

Roman Yuriyovych MARTYNOVSKYY

35.

39177/21

Sheykhaliyev v. Russia

22/07/2021

Rustem Dinarovich SHEYKHALIYEV 1979 Rostov na Donu Ukrainian

Roman Yuriyovych MARTYNOVSKYY

36.

42153/21

Karimov v. Russia

02/08/2021

Alim Egamberdiyovych KARIMOV 1994 CRIMEE Ukrainian

Anastasiya Romanivna MARTYNOVSKA

37.

42302/21

Murtaza v. Russia

20/07/2021

Seyran Kemadinovich MURTAZA 1983 Rostov-na-Donu Ukrainian

Roman Yuriyovych MARTYNOVSKYY

38.

42308/21

Abdurakhmanov v. Russia

22/07/2021

Medzhit Anafiyevich ABDURAKHMANOV 1975 Rostov-na-Donu Ukrainian

Roman Yuriyovych MARTYNOVSKYY

39.

42314/21

Izetov v. Russia

18/07/2021

Riza Mustafayevich IZETOV 1979 Rostov-na-Donu Ukrainian

Roman Yuriyovych MARTYNOVSKYY

40.

42318/21

Arifmemetov v. Russia

17/07/2021

Osman Feratovich ARIFMEMETOV 1985 Rostov-na-Donu Ukrainian

Roman Yuriyovych MARTYNOVSKYY

41.

46227/21

Ziyadinov v. Russia

08/09/2021

Emil Ismailovich ZIYADINOV 1984 Rostov-on-Don Ukrainian

Roman Yuryovych MARTYNOVSKYY

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VAITOV AND ОTHERS v. RUSSIA and 40 other applications

VAITOV AND ОTHERS v. RUSSIA and 40 other applications

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