KOROLKOVA v. RUSSIA and 27 other applications
Doc ref: 44630/21, 44981/21, 45026/21, 45027/21, 45028/21, 45030/21, 45031/21, 45035/21, 45036/21, 45039/21, ... • ECHR ID: 001-227934
Document date: September 7, 2023
- Inbound citations: 1
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- Cited paragraphs: 0
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- Outbound citations: 1
Published on 2 October 2023
SECOND SECTION
Application no. 44630/21 Lyubov Aleksandrovna KOROLKOVA against Russia and 27 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
44630/21*
24/08/2021
Lyubov Aleksandrovna KOROLKOVA
1986Stanislav Vyacheslavovich Solovyev
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of
RUB 20,000
Moscow City Court
02/03/2021
Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 31/01/2021 for compiling administrative offence record and detention at the police station between 4:30 p.m. and 10:30 p.m. on 31/01/2021 - detained for more than three hours after the offence record was drawn up, without any justification;
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 who had drawn an administrative offence record;
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
44981/21*
03/09/2021
Sergey Aleksandrovich MIKHAYLOV
1992Ivan Yuryevich Zhdanov
Vilnius
Rally "Free Navalnyy"
Kazan
31/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Supreme Court of the Tatarstan Republic
17/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 1:30 p.m. on 31/01/2021 and 01/02/2021;
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 the trial the police officers on whose written statements the applicant’s conviction was based.
45026/21*
25/08/2021
Anna Anatolyevna MALYGINA
1985Andrey Yevgenyevcich Shchukin
Nizhniy Tagil
Opposition rally
Yekaterinburg
23/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Sverdlovsk Regional Court
14/07/2021
Art. 5 (1) – unlawful detention: the applicant was detained for more than three hours after the administrative offence record was drawn up, without any justification (between noon on 31/01/2021 and 3:30 p.m. on the same day);
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 who had drawn up an administrative offence record.
45027/21*
24/08/2021
Nikita Dmitriyevich BOROVKOV
1989Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of
RUB 20,000
Moscow City Court
30/03/2021
Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 31/01/2021 for compiling 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 police officers who had drawn up an administrative offence record.
45028/21*
03/09/2021
Dmitriy Vladimirovich PICHUGIN
1966Aleksandr Yevgenyevich Pomazuyev
Vilnius
Rally "Free Navalnyy"
Kurgan
31/01/2021
article 20.2 § 5 of CAO
fine of
RUB 15,000
Kurgan Regional Court
15/03/2021
Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 31/01/2021 for compiling 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 police officers who had drawn up an administrative arrest offence record.
45030/21*
24/08/2021
Kirill Aleksandrovich LITVINOV
1982Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of
RUB 20,000
Moscow City Court
30/03/2021
Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 31/01/2021 for compiling 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 police officers who had drawn up an administrative offence record.
45031/21*
24/08/2021
Dmitriy Nikolayevich PARKHOMENKO
1990Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of
RUB 20,000
Moscow City Court
30/03/2021
Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 31/01/2021 for compiling 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 police officers who had drawn an administrative offence record.
45035/21*
24/08/2021
Vadim Valeryevich PILYUGIN
1979Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of
RUB 20,000
Moscow City Court
30/03/2021
Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 31/01/2021 for compiling 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 police officers who had drawn up an administrative offence record.
45036/21*
03/09/2021
Vladimir Vyacheslavovich NIKOLAYEV
1962Aleksandr Yevgenyevich Pomazuyev
Moscow
Rally "Free Navalnyy"
Tumen
23/01/2021
article 20.2 § 5 of CAO
fine of
RUB 15,000
Tumen Regional Court
17/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 29/01/2021 (six days after the protest action) for compiling 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 police officers who had drawn an administrative offence record.
45039/21*
03/09/2021
Kirill Georgiyevich REPIN
1998Aleksandr Yevgenyevich Pomazuyev
Moscow
Rally "Free Navalnyy"
Ulyanovsk
31/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Ulyanovsk Regional Court
18/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling 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.
45129/21*
17/08/2021
Daniel KRSTEVSKI
1997Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
26/04/2021
Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station for compiling an offence record on 31/01/2021;
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 the trial the police officers on whose written statements the applicant’s conviction was based.
45156/21*
17/08/2021
Dmitriy Vyacheslavovich NEKLYUDOV
1986Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
26/04/2021
Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station for compiling an offence record on 02/02/2021,
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 the trial the police officers on whose written statements the applicant’s conviction was based.
45170/21*
20/08/2021
Semen Aleksandrovich KOMARCHEV
2000Georgiy Eduardovich Tevosov
Moscow
Meeting of "Open Russia" movement
Moscow
13/03/2021
article 20.33 of CAO
fine of
RUB 15,000
Moscow City Court
21/05/2021
Art. 5 (1) - unlawful deprivation of liberty - escorting to and detention at the police station for compiling an offence record between
10:30 a.m. and about 4:00 p.m. on 13/03/2021.
45172/21*
17/08/2021
Nikita Vyacheslavovich GRISHCHENKOV
1996Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
28/04/2021
Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station for compiling an offence record on 02/02/2021;
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 the trial the police officers on whose written statements the applicant’s conviction was based.
45180/21*
17/08/2021
Yegor Alekseyevich ISAYEV
1988Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
16/04/2021
Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station for compiling an offence record on 02/02/2021;
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 the trial the police officers on whose written statements the applicant’s conviction was based.
45245/21*
26/08/2021
Vasiliy Aleksandrovich DMITRIYEV
2000Aleksandr Yevgenyevich Pomazuyev
Vilnius
Rally "Free Navalnyy"
Kurgan
23/01/2021
article 20.2 § 5 of CAO
fine of
RUB 20,000
Kurgan Regional Court
16/03/2021
Art. 5 (1) - unlawful deprivation of liberty - escorting to and detention at the police station for compiling an offence record on 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;
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 the trial the police officers on whose written statements the applicant’s conviction was based.
26106/22*
04/05/2022
Damir Filaritovich BIKMETOV
1967Sergey Yuryevich Tiunov
Yekaterinburg
Opposition rally
Yekaterinburg
11/09/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Sverdlovsk Regional Court
08/12/2021
Art. 5 (1) - unlawful detention - escorting to and detention for compiling an offence record on 11/09/2021;
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) (c) - unfair criminal proceedings due to lack of legal representation - lawyer not allowed in the hearing;
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 the trial the police officers on whose written statements the applicant’s conviction was based.
33761/22*
06/07/2022
Vladimir Nikolayevich BORETS
1972Oksana Vladimirovna Preobrazhenskaya
Strasbourg
Anti-war rally
Rostov-on-Don
06/03/2022
article 19.3 § 1 of CAO
detention for 15 days
Rostov Regional Court
18/03/2022
Art. 5 (1) – unlawful detention - escorting to and detention at the police station for compiling an offence record between 2:30 p.m. on 06/03/2022 and 9:00 a.m. on 07/03/2022;
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 the trial the 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 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
34153/22*
06/07/2022
Ivan Amiranovich ARCHVADZE
1992Oksana Vladimirovna Preobrazhenskaya
Strasbourg
Anti-war rally
Rostov-on-Don
06/03/2022
article 19.3 § 1 of CAO
detention for 15 days
Rostov Regional Court
18/03/2022
Art. 5 (1) – unlawful detention - escorting to and detention at the police station for compiling an offence record between 4:00 p.m. on 06/03/2022 and 6:45 a.m. on 07/03/2022;
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 the trial the 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 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
35626/22*
05/07/2022
Dmitriy Aleksandrovich ROZHKOV
1987Sergey Yuryevich Tiunov
Yekaterinburg
Anti-war rally
Yekaterinburg
24/02/2022
article 20.2 § 2 of CAO
detention for 9 days
Sverdlovsk Regional Court
05/03/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 4:55 p.m. on 24/02/2022 and 1:10 p.m. on 25/02/2022;
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 the trial the police officers on whose written statements the applicant’s conviction was based.
37485/22*
10/07/2022
Aleksandr Andreyevich VALOV
1995Anti-war rally
St Petersburg
27/02/2022
article 20.2.2 § 1 of CAO
detention for 10 days
St Petersburg City Court
10/03/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 27/02/2022 for compiling administrative offence record and detention between 5:30 p.m. on 27/02/2022 and 4:00 p.m. on 01/03/2022;
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 the trial the 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 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
39217/22*
27/07/2022
Darya Nikolayevna YEMELYANOVA
2002Anti-war rally
St Petersburg
27/02/2022
article 20.2.2 § 1 of CAO
fine of
RUB 15,000
St Petersburg City Court
29/03/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 6.00 p.m. on 27/02/2022 and the morning of 28/02/2022, when the applicant was transferred to the court;
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 the trial the police officers on whose written statements the applicant’s conviction was based.
40943/22*
07/08/2022
Yevgeniya Aleksandrovna NISHTA
2003Roman Olegovich Zaytsev
Volgograd
Anti-war rally
Volgograd
06/03/2022
article 20.2 § 5 of CAO
fine of
RUB 10,000
Volgograd Regional Court
09/04/2022
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 the trial the police officers on whose written statements the applicant’s conviction was based;
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record on 06/03/2022.
44070/22
19/08/2022
Valeriya Anatolyevna GAVRILOVA
2001Roman Olegovich Zaytsev
Volgograd
Anti-war rally
Volgograd
06/03/2022
article 20.2 § 5 of CAO
fine of
RUB 10,000
Volgograd Regional Court
19/04/2022
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record on 06/03/2022;
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 the trial the police officers on whose written statements the applicant’s conviction was based.
44623/22
20/08/2022
Valeriya Sergeyevna SABLUKOVA
2001Anti-war rally
Nizhniy Novgorod
06/03/2022
article 20.2 § 6.1 of CAO
fine of
RUB 10,000
Nizhniy Novgorod Regional Court
21/04/2022
Art. 5 (1) - unlawful deprivation of liberty - escorting to and detention at the police station for compiling an offence record between 3:10 p.m. on 06/03/2022 and 1:20 p.m. on 07/03/2022;
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 the trial the police officers on whose written statements the applicant’s conviction was based;
Art. 6 (1) - lack of fair hearing - refusal of the court (without providing reasons) to grant the applicant’s request to adduce evidence in support of the applicant’s account of events.
45173/22
27/08/2022
Maryana Alekseyevna SAMOKHVALOVA
1995Anti-war rally
St Petersburg
03/03/2022
article 20.2.2 § 1 of CAO
fine of
RUB 10,000
St Petersburg City Court
28/04/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 8:05 p.m. on 03/03/2022 and 6:30 p.m. on 04/03/2022,
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 the trial the police officers on whose written statements the applicant’s conviction was based.
45174/22*
05/09/2022
Ivan Aleksandrovich PESTEREV
2001Natalya Pavlovna Yermilova
Yekaterinburg
Anti-war rally
Yekaterinburg
06/03/2022
article 20.2 § 5 of CAO
fine of
RUB 15,000
Sverdlovsk Regional Court
29/06/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 2:10 p.m. and
9:00 p.m. on 06/03/2022;
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 the trial the police officers on whose written statements the applicant’s conviction was based.
45195/22*
03/09/2022
Denis Andreyevich KONVISAREV
2002Anti-war rally
Moscow
27/02/2022
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
11/07/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 7:44 p.m. on 27/02/2022 and 0:38 a.m. on 28/02/2022;
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) - lack of fair hearing - refusal of the court to grant the applicant’s request to adduce evidence in support of the applicant’s account of events;
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 the trial the police officers on whose written statements the applicant’s conviction was based.