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KURAKIN v. RUSSIA and 33 other applications
Doc ref: 41138/18, 11354/20, 29164/20, 36963/21, 36971/21, 37174/21, 37219/21, 37847/21, 37912/21, 38167/21, ... • ECHR ID: 001-227933
Document date: September 7, 2023
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- Cited paragraphs: 0
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KURAKIN v. RUSSIA and 33 other applications
Doc ref: 41138/18, 11354/20, 29164/20, 36963/21, 36971/21, 37174/21, 37219/21, 37847/21, 37912/21, 38167/21, ... • ECHR ID: 001-227933
Document date: September 7, 2023
Cited paragraphs only
Published on 2 October 2023
SECOND SECTION
Application no. 41138/18 Daniel Telmanovich KURAKIN against Russia and 33 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
41138/18*
14/08/2018
Daniel Telmanovich KURAKIN
1990Opposition rally
Volgograd
28/01/2018
Rally in support of
A. Navalnyy
Volgograd
31/01/2021
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
fine of
RUB 10,000
fine of
RUB 10,000
Volgograd Regional Court
21/02/2018
Volgograd Regional Court
03/03/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention
(i) on 28/01/2018, for the sole purpose of drawing up a record of administrative offence;
(ii) on 31/01/2021 for the same purpose;
(iii) between 18/03/2022 and 19/03/2022 as administrative suspect;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of the administrative-offence proceedings;
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 convictions were based (all the three sets of proceedings);
Art. 10 (1) - disproportionate measures against solo demonstrators - arrest, conviction for discreditation of the Russian military and repeated breach of the procedure for conduct of public events under Articles 20.3.3 § 1 and Article 20.2 § 8 of the CAO, administrative detention of 15 days, on account of the applicant’s anti-war solo demonstration held on 18/03/2022 in Volgograd (final judgment issued by the Volgograd Regional Court on 22/03/2022)
11354/20
07/02/2020
Aleksandr Andreyevich MELNIKOV
1993Memorial Human Rights Centre
Moscow
Rally for fair elections (alleged solo demonstration right near the public gathering venue)
Moscow
27/07/2019
article 20.2 § 5 of CAO
fine of
RUB 15,000
Moscow City Court
06/09/2019
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 27/07/2019, in excess of three hours, for the sole purpose of drawing up a record of administrative offence, delayed transfer to the police station;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine police officers on whose written statements the conviction was based.
29164/20*
18/06/2020
Tatyana Aleksandrovna TRETYAKOVA
1969Ernest Aleksandrovich Mezak
Saint-Barthélemy-d’Anjou
Event against a waste dump construction in Shiyes, collecting funds to pay an administrative fine
Pomozdino, the Komi Republic
04/07/2019
article 20.2 § 2 of CAO
fine of
RUB 10,000
Supreme Court of the Komi Republic
18/09/2019
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station on 04/07/2019 for the sole purpose of drawing up the offence record;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
36963/21*
30/06/2021
Dmitriy Romanovich DEMCHUK
1998Anna Yevgenyevna Bochilo
Barnaul
Rally in support of
A. Navalnyy
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
11/05/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 23/01/2021 for the sole purpose of drawing up a record of administrative offence (such record only compiled on 25/01/2021).
36971/21*
16/07/2021
Sergey Nikolayevich BORISOV
1986Memorial Human Rights Centre
Moscow
Rally in support of
A. Navalnyy
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of
RUB 15,000
Moscow City Court
30/03/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 31/01/2021 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
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 officer on whose written statements the applicant’s conviction was based and to submit evidence, including video recordings, in defence of the applicant’s version of events on an equal footing with the prosecution.
37174/21*
06/07/2021
Irina Nikolayevna YOVZHIY
1988Yelena Viktorovna Kurochko
Vologda
Rally in support of
A. Navalnyy
Vologda
31/01/2021
article 20.2 § 5 of CAO
community work of
25 hours
Vologda Regional Court
26/05/2021
37219/21
08/07/2021
Vitaliy Pavlovich DEREVYASHKIN
1998Sergey Mikhaylovich Shimovolos
Nizhniy Novgorod
Rally in support of
A. Navalnyy
Nizhniy Novgorod
31/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Nizhniy Novgorod Regional Court
20/05/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention on 31/01/2021 in excess of three hours for the sole purpose of drawing up an administrative offence record;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
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 officer on whose written statements the applicant’s conviction was based.
37847/21*
09/07/2021
Yeva Nikolayevna SOKOLOVA
1988Yevgeniy Vyacheslavovich Antokhin
Moscow
Rally in support of
A. Navalnyy
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
administrative detention of
3 days
Moscow City Court
10/03/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention between 31/01/2021 and 02/02/2021 as administrative suspect pending trial, and after the offence record was compiled;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
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 officer on whose written statements the applicant’s conviction was based; raised on appeal;
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant on 02/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
37912/21
16/07/2021
Aleksandr Yuryevich
VLASOV
1982Memorial Human Rights Centre
Moscow
Rally in support of
A. Navalnyy
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
administrative detention of 12 days
Moscow City Court
09/02/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention between 02/02/2021 and 03/02/2021 as administrative suspect;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
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 statements the conviction was based; as well as refusals to adduce video- and photo evidence;
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 03/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
38167/21*
16/07/2021
Sergey Vladimirovich IVANOV
1992Memorial Human Rights Centre
Moscow
Rally in support of
A. Navalnyy
Kazan
31/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Supreme Court of the Tatarstan Republic
05/05/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect.
38173/21*
16/07/2021
Tit Nikolayevich MIKHAYLOV
1985Memorial Human Rights Centre
Moscow
Rally in support of
A. Navalnyy
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of
RUB 15,000
Moscow City Court
19/05/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 23/01/2021, in excess of three hours, for the sole purpose of drawing up an offence record;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine police officers on whose written statements the conviction was based.
38189/21*
16/07/2021
Oleg Valeryevich VLASOV
1987Memorial Human Rights Centre
Moscow
Rally in support of
A. Navalnyy
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
fine of
RUB 10,000
Moscow City Court
30/03/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 31/01/2021 for the sole purpose of drawing up a record of administrative offence;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
38190/21*
14/07/2021
Petr Aleksandrovich IVANOV
1990Yelena Yuryevna Pershakova
Moscow
Rally in support of
A. Navalnyy
Astrakhan
23/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Astrakhan Regional Court
19/02/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 30/01/2021 in excess of 3 hours for the sole purpose of drawing up an administrative offence record in respect of the participation in the rally of 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.
38355/21*
02/07/2021
Kirill Yevgenyevich ZUYEVSKIY
1979Memorial Human Rights Centre
Moscow
Rally in support of
A. Navalnyy
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
17/05/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 31/01/2021 for the sole purpose of drawing a record of administrative offence;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
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 officer on whose written statements the applicant’s conviction was based.
38942/21*
22/07/2021
Ali Khadiyevich
AL-VASITI
1989Memorial Human Rights Centre
Moscow
Rally in support of
A. Navalnyy
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
17/05/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention on 31/01/2021 for the sole purpose of drawing a record of administrative offence;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
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 officer on whose written statements the applicant’s conviction was based and to submit evidence, including video recordings, in defence of the applicant’s version of events on an equal footing with the prosecution.
38946/21*
02/07/2021
Ivan Petrovich RYGAYEV
1975Memorial Human Rights Centre
Moscow
Rally in support of
A. Navalnyy
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
administrative detention of 12 days
Moscow City Court
11/02/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station between 31/01/2021 and 01/02/2021 as administrative suspect;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
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;
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 01/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
39225/21*
28/07/2021
Igor Vyacheslavovich SHKARIN
1989Memorial Human Rights Centre
Moscow
Rally in support of
A. Navalnyy
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
administrative detention of 10 days
Moscow City Court
09/02/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention between 00.15 a.m. on 03/02/2021 and 04/02/2021 as administrative suspect, pending trial;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
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 officer on whose written statements the applicant’s conviction was based;
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant by the first-instance court was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
39233/21*
28/07/2021
Aleksandr Anatolyevich FOMINOV
1987Memorial Human Rights Centre
Moscow
Rally in support of
A. Navalnyy
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
administrative detention of 10 days
Moscow City Court
09/02/2021
Art. 5 (1) - unlawful deprivation of liberty – arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect;
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 on 01/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
39255/21*
28/07/2021
Erik Arshakovich GISHYAN
1995Memorial Human Rights Centre
Moscow
Rally in support of
A. Navalnyy
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
administrative detention of
8 days
Moscow City Court
12/03/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and overnight detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
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 officer on whose written statements the applicant’s conviction was based;
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 01/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
39342/21*
22/07/2021
Vasiliy Alekseyevich MAKSIMOV
1994Memorial Human Rights Centre
Moscow
Rally in support of
A. Navalnyy
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
administrative detention of 10 days
Moscow City Court
11/05/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention between 31/01/2021 and 02/02/2021 as administrative suspect, pending trial, and after the offence record was compiled;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
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 officer on whose written statements the applicant’s conviction was based;
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 02/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
39553/21*
29/07/2021
Valentin Aleksandrovich FEDKIN
1977Mariya Olegovna Eysmont
Moscow
Rally in support of
A. Navalnyy
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
administrative detention of
6 days
Moscow City Court
05/02/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial, and after the offence record was compiled;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
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 a court room the police officers on whose written statements the conviction was based.
39723/21
28/07/2021
Rail Insharovich SHARAFUTDINOV
1994Memorial Human Rights Centre
Moscow
Rally in support of
A. Navalnyy
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of
RUB 15,000
Moscow City Court
22/03/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 23/01/2021 for the sole purpose of drawing up a record of administrative offence;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
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 officer on whose written statements the applicant’s conviction was based.
39803/21*
27/07/2021
Nikita Nikolayevich MOLODORYA
2002Memorial Human Rights Centre
Moscow
Rally in support of
A. Navalnyy
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
administrative detention of 10 days
Moscow City Court
03/02/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial, and after the offence record was compiled;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
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 officer on whose written statements the applicant’s conviction was based;
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 01/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
39873/21*
29/07/2021
Yuriy Vladimirovich YEPANECHNIKOV
2002Mariya Olegovna Eysmont
Moscow
Rally in support of
A. Navalnyy
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
administrative detention of 8 days
Moscow City Court
05/02/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial, and after the offence record was compiled;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - impossibility to cross-examine police officers on whose statements the applicant’s conviction was based.
39884/21*
27/07/2021
Aleksandr Sergeyevich MINKOV
1988Memorial Human Rights Centre
Moscow
Rally in support of
A. Navalnyy
St Petersburg
31/01/2021
article 20.2 § 6.1 of CAO
administrative detention of 10 days
St Petersburg City Court
09/03/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial, and after the offence record was compiled;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
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;
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 01/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
39892/21*
27/07/2021
Irina Viktorovna GARMAKOVA
1968Memorial Human Rights Centre
Moscow
Rally in support of
N. Platoshkin
Moscow
25/07/2020
article 20.2 § 5 of CAO
fine of
RUB 20,000
Moscow City Court
28/01/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to a police station on 25/07/2020, in excess of three hours, for the sole purpose of drawing up a record of administrative offence (such record only compiled on 05/08/2020);
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine police officers on whose statements the applicant’s conviction was based.
39895/21*
27/07/2021
Arina Aleksandrovna PAN
1999Memorial Human Rights Centre
Moscow
Rally in support of
A. Navalnyy
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
administrative detention of 10 days
Moscow City Court
09/02/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention between 02/02/2021 to 03/02/2021 as administrative suspect, pending trial, and after the offence record was compiled;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
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;
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 03/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
40056/21*
27/07/2021
Vasiliy Borisovich MOKIN
1993Memorial Human Rights Centre
Moscow
Rally in support of
A. Navalnyy
Moscow
23/01/2021
article 20.2 § 6.1 of CAO
administrative detention of 10 days
Moscow City Court
28/01/2021
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 on 25/01/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
40058/21*
27/07/2021
Aleksandr Borisovich MOKIN
1996Memorial Human Rights Centre
Moscow
Rally in support of
A. Navalnyy
Moscow
23/01/2021
article 20.2 § 6.1 of CAO
administrative detention of 10 days
Moscow City Court
28/01/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
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;
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 25/01/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
40062/21*
27/07/2021
Daniil Svyatoslavovich OLEYNIK
1996Memorial Human Rights Centre
Moscow
Rally in support of
A. Navalnyy
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
administrative detention of
7 days
Moscow City Court
03/02/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
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 conviction was made;
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 01/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
40159/21
21/07/2021
Dmitriy Yuryevich ZARUBIN
1988Leonid Alekseyevich Solovyev
Moscow
Rally in support of
A. Navalnyy
Moscow
23/01/2021
article 20.2 § 5 of CAO
community work of
35 hours
Moscow City Court
12/03/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 23/01/2021, in excess of three hours, for the sole purpose of drawing up a record of administrative offence;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
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.
40164/21
21/07/2021
Daniil Yevgenyevich SHATRAVIN
2000Leonid Alekseyevich Solovyev
Moscow
Rally in support of
A. Navalnyy
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of
RUB 15,000
Moscow City Court
28/04/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 23/01/2021 for the sole purpose of drawing up a record of administrative offence (such record only compiled on 26/01/2021);
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine police officers on whose statements the applicant’s conviction was based.
40181/21
21/07/2021
Artem Vladimirovich VLASOV
1994Leonid Alekseyevich Solovyev
Moscow
Rally in support of
A. Navalnyy
Moscow
23/01/2021
article 20.2 § 5 of CAO
community work of 35 hours
Moscow City Court
28/04/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention on 23/01/2021 in excess of 3 hours for the sole purpose of drawing up an administrative offence record (such record only compiled on 26/01/2021);
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
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 officer on whose written statements the applicant’s conviction was based.
38020/22*
06/07/2022
Olga Valeryevna DEMIDOVA
1989Rushan Rafisovich Kabirov
Kazan
Anti-war rally
Kazan
27/02/2022
article 20.2 § 5 of CAO
fine of
RUB 5,000
Supreme Court of the Republic of Tatarstan
27/04/2022
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 27/02/2022 for the sole purpose of drawing up a record of administrative offence.
© European Union,
https://eur-lex.europa.eu, 1998 - 2026
