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KIRSANOV v. RUSSIA and 22 other applications

Doc ref: 43191/21, 45710/21, 45886/21, 46095/21, 47509/21, 47833/21, 48934/21, 49150/21, 49272/21, 49428/21, ... • ECHR ID: 001-227924

Document date: September 7, 2023

  • Inbound citations: 1
  • Cited paragraphs: 0
  • Outbound citations: 1

KIRSANOV v. RUSSIA and 22 other applications

Doc ref: 43191/21, 45710/21, 45886/21, 46095/21, 47509/21, 47833/21, 48934/21, 49150/21, 49272/21, 49428/21, ... • ECHR ID: 001-227924

Document date: September 7, 2023

Cited paragraphs only

Published on 2 October 2023

THIRD SECTION

Application no. 43191/21 Ivan Nikolayevich KIRSANOV against Russia and 22 other applications

(see list appended)

PROCEDURAL INFORMATION

Following a preliminary examination of the admissibility of the applications on 7 September 2023, the Court decided, under Rule 54 § 2 (b) of the Rules of Court, that notice of the applications should be given to the Government of Russia.

In the applications marked by an asterisk, other complaints were raised. This part of the applications has been struck out of the Court’s list of cases or declared inadmissible by the Court, sitting in a single-judge formation, assisted by a rapporteur as provided for in Article 24 § 2 of the Convention.

In the enclosed list of applications, whenever an applicant is referred to using initials, this indicates that the Court has authorised anonymity for that person, whose identity will not be disclosed to the public (Rule 47 § 4).

For further information on the procedure following communication of an application brought against Russia, subject of well-established case law of the Court, please refer to the Court’s website .

SUBJECT MATTER

The applications concern complaints raised under Article 11 of the Convention relating to disproportionate measures against organisers and participants of public assemblies which are the subject of well-established case law of the Court (see 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).

APPENDIX – STATEMENT OF FACTS

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

Penalty

Final domestic decision

Court Name

Date

Other complaints under well-established case-law

43191/21*

11/08/2021

Ivan Nikolayevich KIRSANOV

2002Danil Ilnurovich Nurgaleyev

Kazan

Manifestation in support of Navalnyy

Kazan, Tatarstan Republic

23/01/2021

article 20.2 § 5 of CAO

fine of

RUB 10,000

Supreme Court of the Tatarstan Republic

17/02/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 2.30 p.m. on 23/01/2021 to 2.00 p.m. on 24/01/2021 for the sole purpose of drawing up an administrative offence record and bringing the applicant to court hearing, raised on appeal.

45710/21*

26/08/2021

Viktoriya Andreyevna KURBATOVA

1994Dmitriy Vladimirovich Zubarev

Vladivostok

Manifestation in support of Navalnyy

Vladivostok

31/01/2021

article 20.2 § 5 of CAO

fine of

RUB 15,000

Primorye Regional Court

20/05/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 2.30 p.m. to 8.00 p.m. on 31/01/2021 for the sole purpose of drawing up an administrative offence record, 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: Primorye Regional Court, 20/05/2021;

Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officers on whose written statements the applicant’s conviction was based.

45886/21*

25/08/2021

Andrey Valentinovich ZELENOV

1975Konstantin Vladimirovich Bubon

Khabarovsk

Manifestation in support of Furgal and Navalnyy

Khabarovsk

23/01/2021

article 20.2 § 6.1 of CAO

fine of

RUB 15,000

Khabarovsk Regional Court

18/03/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 23/01/2021 to 25/01/2021 for the sole purpose of drawing up an administrative offence record and bringing the applicant to court hearing, raised on appeal.

46095/21

03/09/2021

Yelena Yuryevna IPATOVA

1977Varvara Dmitriyevna Mikhaylova

St Petersburg

Manifestation in support of Navalnyy

Severodvinsk

23/01/2021

article 20.2.2 § 1 of CAO

fine of

RUB 10,000

Arkhangelsk Regional Court

04/03/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 2.31 p.m. to unspecified time on 23/01/2021 for the sole purpose of drawing up an administrative offence record, 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: Arkhangelsk Regional Court, 04/03/2021;

Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officers on whose written statements the applicant’s conviction was based.

47509/21*

03/09/2021

Anton Aleksandrovich SUKHANOV

1993Feliks Yevgenyevich Vertegel

Krasnodar

Manifestation in support of Navalnyy

Krasnodar

23/01/2021

article 20.2 § 5 of CAO

fine of

RUB 10,000

Krasnodar Regional Court

15/03/2021

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Krasnodar Regional Court, 15/03/2021.

47833/21

18/09/2021

Aleksandr Pavlovich SMIRNOV

1987Vladimir Sergeyevich Nemanov

Moscow

Manifestation in support of Navalnyy

Moscow

31/01/2021

article 20.2 § 5 of CAO

fine of

RUB 15,000

Moscow City Court

06/04/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 5.30 p.m. on 31/01/2021 to about 1.30 a.m. on 01/02/2021 for the sole purpose of drawing up an administrative offence record, 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, 06/04/2021;

Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officers on whose written statements the applicant’s conviction was based.

48934/21*

24/09/2021

Yelena Aleksandrovna PIROGOVA

1960Ivan Yuryevich Zhdanov

Vilnius

Manifestation in support of Navalnyy

Stariy Oskol

31/01/2021

article 20.2 § 5 of CAO

fine of

RUB 10,000

Belgorod Regional Court

29/03/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 12.30 p.m. to 7.00 p.m. on 31/01/2021 for the sole purpose of drawing a record of administrative offence, 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: Belgorod Regional Court,

29/03/2021.

49150/21*

16/09/2021

Yuliya Sergeyevna DEMIDOVA

1997Irina Aleksandrovna Yatsenko

Moscow

Manifestation in support of Navalnyy

Moscow

31/01/2021

article 20.2 § 6.1 of CAO

fine of

RUB 10,000

Moscow City Court

16/03/2021

Art. 5 (1) – unlawful deprivation of liberty - arrest and detention from 12.00 p.m. on 31/01/2021 to 9.30 p.m. on 01/02/2021 for the sole purpose of drawing up an administrative offence record and bringing the applicant to court hearing, 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, 16/03/2021;

Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officers on whose written statements the applicant’s conviction was based.

49272/21*

22/09/2021

Aleksandr Vladimirovich VOLKOV

1991Darya Dmitriyevna Aksenova

Kolomna

Manifestation in support of Navalnyy

Moscow

23/01/2021

article 20.2 § 5 of CAO

fine of

RUB 10,000

Moscow City Court

22/04/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 12.09 p.m. until unspecified time on 23/01/2021 (more than three hours) for the sole purpose of drawing up an administrative offence record, 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, 22/04/2021;

Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officers on whose written statements the applicant’s conviction was based.

49428/21*

01/10/2021

Igor Olegovich YERMACHENKOV

1963Ivan Yuryevich Zhdanov

Vilnius

Manifestation in support of Navalnyy

Arkhangelsk

23/01/2021

article 20.2 § 5 of CAO

fine of

RUB 15,000

Arkhangelsk Regional Court

09/04/2021

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Arkhangelsk Regional Court, 09/04/2021;

Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officers on whose written statements the applicant’s conviction was based.

49437/21*

01/10/2021

Artur Arturovich SIDOROV

1992Aleksandr Yevgenyevich Pomazuyev

Vilnius

Manifestation in support of Navalnyy

Yaroslavl

31/01/2021

article 20.2 § 5 of CAO

fine of

RUB 10,000

Yaroslavl Regional Court

08/04/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 12.20 p.m. to 7.00 p.m. on 31/01/2021 for the sole purpose of drawing up an administrative offence record, 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: Yaroslavl Regional Court, 08/04/2021.

51211/21*

30/09/2021

Irada Nazimovna KAMINSKAYA

1972Marina Alekseyevna Dubrovina

Novorossiysk

Manifestation in support of Navalnyy

Anapa, Krasnodar Region

31/01/2021

article 20.2 § 5 of CAO

fine of

RUB 12,000

Krasnodar Regional Court

31/03/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 1.10 p.m. to 8.30 p.m. on 31/01/2021 for the sole purpose of drawing up an administrative offence record and bringing the applicant to court hearing, 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: Krasnodar Regional Court, 31/03/2021.

51498/21*

28/09/2021

Vladimir Vladimirovich KALASHNIKOV

1982Darya Dmitriyevna Aksenova

Kolomna

Manifestation in support of Navalnyy

Moscow

23/01/2021

article 20.2 § 5 of CAO

fine of

RUB 15,000

Moscow City Court

20/04/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 2.10 p.m. to unspecified time on 23/01/2021 for the sole purpose of drawing up a record of administrative offence, 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, 20/04/2021;

Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officers on whose written statements the applicant’s conviction was based.

51504/21*

28/09/2021

Yuriy Vladimirovich ZAYTSEV

1962Darya Dmitriyevna Aksenova

Kolomna

Manifestation in support of Navalnyy

Moscow

23/01/2021

article 20.2 § 6.1 of CAO

fine of

RUB 15,000

Moscow City Court

13/05/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 6.25 p.m. to unspecified time on 23/01/2021 for the sole purpose of drawing up an administrative offence record, 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, 13/05/2021;

Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officers on whose written statements the applicant’s conviction was based.

51701/21*

05/10/2021

Maksim Yuryevich TARASOV

1998Andrey Olegovich Valenkov

Nizhniy Novgorod

Manifestation in support of Navalnyy

Nizhniy Novgorod

31/01/2021

article 20.2 § 6.1 of CAO

fine of

RUB 10,000

Nizhniy Novgorod Regional Court

07/04/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 12.25 p.m. on 31/01/2021 to 3.30 p.m. on 01/02/2021 for the sole purpose of drawing up an administrative offence record and bringing the applicant to court hearing, 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: Nizhniy Novgorod Regional Court, 07/04/2021.

51790/21*

15/10/2021

Anastasiya Igorevna RODIONOVA

1992Ivan Yuryevich Zhdanov

Vilnius

Manifestation in support of Navalnyy

Saransk

23/01/2021

article 20.2 § 6.1 of CAO

fine of

RUB 10,000

Supreme Court of the Mordovia Republic

28/04/2021

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Supreme Court of the Mordovia Republic, 28/04/2021;

Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officers on whose written statements the applicant’s conviction was based.

51936/21*

15/10/2021

Yana Valeryevna FOMINA

1994Ivan Yuryevich Zhdanov

Vilnius

Manifestation in support of Navalnyy

Kursk

23/01/2021

article 20.2 § 5 of CAO

fine of

RUB 15,000

Kursk Regional Court

27/04/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 2.55 p.m. to 7.15 p.m. on 23/01/2021 for the sole purpose of drawing up an administrative offence record, 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: Kursk Regional Court, 27/04/2021.

52341/21*

01/10/2021

Darina Ruslanovna PRAZDNIKOVA

2002Danil Ilnurovich Nurgaleyev

Kazan

Manifestation in support of 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. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Supreme Court of Tatarstan Republic, 21/04/2021.

53163/21*

23/09/2021

Yan Vladimirovich KOLCHANOV

1983Aleksey Vladimirovich Bushmakov

Yekaterinburg

Manifestation in support of Navalnyy

Ekaterinburg

23/01/2021

article 20.2 § 5 of CAO

20 hours of community service

Sverdlovsk Regional Court

13/05/2021

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Sverdlovsk Regional Court, 13/05/2021.

53169/21

23/09/2021

Aleksey Vladimirovich CHELYSHEV

1995Aleksey Vladimirovich Bushmakov

Yekaterinburg

Manifestation in support of Navalnyy

Ekaterinburg

23/01/2021

article 20.2 § 5 of CAO

20 hours of community service

Sverdlovsk Regional Court

09/06/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 3.27 p.m. to unspecified time on 23/01/20201 for the sole purpose of drawing up an administrative offence record, 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: Sverdlovsk Regional Court, 09/06/2021.

53174/21

23/09/2021

Timofey Vasilyevich RADYA

1988Aleksey Vladimirovich Bushmakov

Yekaterinburg

Manifestation in support of Navalnyy

Ekaterinburg

23/01/2021

article 20.2 § 5 of CAO

39 hours of community service

Sverdlovsk Regional Court

13/07/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 3.27 p.m. to unspecified time on 23/01/20201 for the sole purpose of drawing up an administrative offence record, 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: Sverdlovsk Regional Court, 13/07/2021.

57560/21*

07/11/2021

Mukhamad Amridin SIRIDZHIDINZODA

1999Nikolay Sergeyevich Zboroshenko

Mytishchi

Manifestation in support of Izzat Amon

Moscow

02/04/2021

article 20.2 § 5 of CAO

fine of

RUB 10,000

Moscow City Court

13/07/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 2.00 p.m. to unspecified time on 02/04/2021 for the sole purpose of drawing up an administrative offence record, 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, 13/07/2021;

Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officers on whose written statements the applicant’s conviction was based.

51290/22*

22/10/2022

Rustem Rinatovich NABIULLIN

1996Rim Faridovich Sabirov

Kazan

Manifestation against the war in Ukraine

Kazan

13/03/2022

article 20.2 § 5 of CAO

article 20.3.3 of CAO, § 1

fine of

RUB 10,000

fine of

RUB 30,000

Supreme Court of the Tatarstan Republic

22/06/2022

Supreme Court of the Tatarstan Republic

06/07/2022

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 2.30 p.m. on 13/03/2022 to 14/03/2022 for the sole purpose of drawing up an administrative offence record and bringing the applicant to court hearing, raised on appeal.

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