Published on 2 October 2023

SECOND SECTION

Application no. 16174/19 Mikhail Leonidovich MESTETSKIY against Russia and 29 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 10 § 1 of the Convention relating to disproportionate measures against solo demonstrators which are the subject of well-established case law of the Court (see Novikova and Others v. Russia, nos. 25501/07 and 4 others, 26 April 2016, and Lashmankin and Others v. Russia, nos. 57818/09 and 14 others, 7 February 2017).

APPENDIX – STATEMENT OF FACTS

List of applications raising complaints under Article 10 § 1 of the Convention (disproportionate measures against solo demonstrators)

No.

Application no.

Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Location

Date

Purpose of the demonstration

Administrative charges

Penalty

Final domestic decision

Date

Name of the court

Other relevant information

Other complaints under well-established case-law

16174/19*

10/03/2019

Mikhail Leonidovich MESTETSKIY

1980Karinna Akopovna Moskalenko

Strasbourg

Moscow,

02/06/2018,

Support of O. Sentsov

article 20.2 § 5 of CAO,

administrative fine of

RUB 10,000

10/09/2018

Moscow City Court

Art. 5 (1) - unlawful deprivation of liberty – arrest, escorting to a police station on 02/06/2018 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 the trial the police officers on whose written statements the applicant’s conviction was based.

21833/19*

12/04/2019

Lev Yevgenyevich GYAMMER

2000Igor Nikolayevich Sholokhov

Kazan

1) Novokuznetsk, 09/09/2018,

Shouting slogans in support of

A. Navalnyy and against the pension reform from the balcony of the applicant’s flat

2) Novokuznetsk, 30/10/2018,

Series of solo demonstrations in memory of the victims of political repressions

article 20.2 § 2 of CAO,

administrative fine of RUB 20,000

article 20.2 § 2 of CAO,

administrative fine of RUB 20,000

23/01/2019

Kemerovo Regional Court,

28/01/2019

Kemerovo Regional Court,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of proceedings;

Art. 10 (1) - conviction for making calls to participate in public events – (Elvira Dmitriyeva v. Russia ,

nos. 60921/17 and 7202/18, §§ 77-90, 30 April 2019) - conviction under art. 20.2 § 2 for making calls to participate in a series of simultaneous solo demonstrations of 30/10/2018 to commemorate the victims of political repressions, "Immortal Gulag", administrative fine of RUB 20,000, final judgment of 28/01/2019 by the Kemerovo Regional Court (the same as cited in respect of the second set of proceedings)

30003/19*

18/05/2019

Pavel Nikolayevich IVANKIN

1983Anton Sergeyevich Grachev

Gatchina

St Petersburg, 15/02/2020,

Protest against the constitutional amendments

article 20.2 § 8 of CAO,

administrative detention of 5 days

St Petersburg City Court,

23/03/2021

rotation - event classified as assembly post facto

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention (i) from 02/11/2018 to 03/11/2018, as administrative suspect; and (ii) on 15/02/2020, for the sole purpose of drawing up a record of administrative offence; and (iii) from 21/04/2021 to 22/04/2021 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 - all sets of proceedings:

(i) conviction under article 19.3 § 1 of the CAO, administrative detention of 10 days, final:

St Petersburg City Court, 20/11/2018;

ii) conviction under article 20.2 § 8 of the CAO in respect of the event of 15/02/2020, administrative detention of

5 days, final: St Petersburg City Court, 23/03/2021; and

(iii) conviction under article 20.2.2 § 1 of the CAO in respect of the rally of 21/04/2021, administrative detention of 5 days, final: St Petersburg City Court, 15/07/2021;

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 (three sets of proceedings);

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - (1) in respect of the event on 15/02/2020 - alternatively to Article 10 issue (see , mutatis mutandis, Tsukanov and Torchinskiy

v. Russia [Committee], nos.35000/13 and 35010/13,

§§ 48-50, 17 April 2018) - arrest, conviction for participation in a series of solo demonstrations held on 15/02/2020 by a group of no less than 90 participants (final judgment of 11/02/2021, St Petersburg City Court); (2) arrest, conviction under article 20.2.2 § 1 of CAO to administrative detention of 5 days for participation in a rally in support of A. Navalnyy on 21/04/2021 in

St Petersburg (final judgment of 15/07/2021,

St Petersburg City Court);

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 15//07/2020 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.

32307/19

07/06/2019

Yevgeniy Alekseyevich ZHUKOV

1998Aleksey Vladimirovich Glukhov

Novocheboksarsk

Kurgan,

24/02/2019,

Raising awareness of the consequences of President Putin’s politics for taxpayers

(the applicant, wearing a mask of Putin, was distributing leaflets

"Pay Taxes")

article 20.2 § 8 of CAO,

administrative detention of 15 days

10/04/2019, Kurgan Regional Court

conviction for hiding face during a public event

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 - both sets of 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 based (final decision by the Kurgan Regional Court on 16/03/2021);

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - manifestation in support of A. Navalnyy, Kurgan, 31/01/2021 - conviction under art 20.2 § 5 of the CAO, community work of

20 hours, final judgment: 16/03/2021, Kurgan Regional Court;

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 02/04/2019 was executed immediately, on account of the lack of suspensive effect of the appeal under the CAO.

41196/20*

10/08/2020

Marina Sergeyevna IONOVA

2000Aleksandr Dmitriyevich Peredruk

St Petersburg

Kazan,

26/12/2019,

Support of a camp against construction of a combustion plant

article 20.2 § 2 of CAO,

administrative detention of 8 days

26/02/2020, Supreme Court of the Tatarstan Republic

distance requirement - event classified as assembly post facto

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention (i) on 20/02/2020 for the sole purpose of drawing up a record of an administrative offence in respect of the events of 26/12/2019; (ii) between 16/11/2018 and 17/11/2018 as administrative suspect, in connection with prosecution in respect of the rally of 09/09/2018;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - first set of proceedings (final judgment of 26/02/2020);

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 by the Supreme Court of the Republic of Tatarstan of 16/02/2022 was based; raised on appeal;

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - Rally against the pension reform, 09/09/2018, Kazan - arrest, conviction under article 20.2 § 5 of the CAO, fine of RUB 10,000, final judgment by the Supreme Court of the Republic of Tatarstan of 16/02/2022;

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 25/02/2020 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.

2872/21*

08/12/2020

Marina Anatolyevna KEN

1975Varvara Dmitriyevna Mikhaylova

St Petersburg

St Petersburg, 12/03/2020,

Protest against constitutional amendments

article 20.2 § 2 of CAO,

administrative fine of RUB 10,000

09/06/2020,

St Petersburg City Court

distance requirement - event classified as assembly post facto

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention (i) from 12/03/2020 to 13/03/2020 as administrative suspect, and (ii) from 18/07/2020 to 19/07/2020 as administrative suspect, in connection with the rally of 16/07/2020;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of 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 the police officers on whose written statements the applicant’s conviction was based (both sets of proceedings);

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - rally against constitutional amendments, on 16/07/2020,

in St Petersburg, conviction under article 20.2 § 8 of CAO, administrative detention of 15 days, final judgment of 24/07/2020, St Petersburg City Court.

10712/21*

08/02/2021

Tatyana Yuryevna USMANOVA

1983Leonid Alekseyevich Solovyev

Moscow

Moscow,

01/06/2020,

Support of I. Azar

article 20.2 § 5 of CAO,

administrative fine of RUB 20,000

Moscow City Court, 28/10/2020

rotation - event classified as assembly post facto

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station on 01/06/2020 for the sole purpose of drawing up an administrative offence record (such record drawn up on 10/06/2020 only);

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.

13712/21*

10/02/2021

Dzhulyeta Ramizovna MAGOMEDNABIYEVA

1982Danil Ilnurovich Nurgaleyev

Kazan

Kazan,

01/08/2020,

Support of

S. Furgal

article 20.2 § 2 of CAO,

community work of 20 hours

09/09/2020, Supreme Court of the Republic of Tatarstan

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.

17138/21*

12/03/2021

Yekaterina Yevgenyevna SURSYAKOVA

1975Sergey Yuryevich Tiunov

Yekaterinburg

(i) Yekaterinburg, 01/08/2020,

Support of

S. Furgal

(ii) Yekaterinburg, 31/01/2021,

Protest against suppression of free political expression and the authorities’ repressive politics;

(iii) Yekaterinburg, 24/02/2022,

Anti-war protest

(i) article 20.2 § 5 of CAO

administrative fine of RUB 10,000,

(ii) article 20.2 § 8 of CAO,

community work, of 200 hours,

(iii) article 20.2-8 of the CAO, administrative fine of RUB 250,000

(i) 11/11/2020, Sverdlovsk Regional Court

(ii) 07/04/2020, Sverdlovsk Regional Court

(iii) 20/04/2022, Sverdlovsk Regional Court

rotation - event classified as assembly post facto (the third set of proceedings)

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 31/01/2021 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 - all sets of 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 based (2nd and 3rd sets of proceedings).

23988/21*

13/04/2021

Sergey Sergeyevich TSUKASOV

1968Memorial Human Rights Centre

Moscow

Moscow,

29/05/2020,

support of I. Azar

article 20.2 § 5 of CAO,

administrative fine of RUB 20,000

14/10/2020 Moscow City Court

rotation - event classified as assembly post facto

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention (i) on 29/05/2020 for the sole purpose of drawing up a record of administrative offence (such record only compiled on 03/07/2020); (ii) on 19/03/2021, for compiling an offence record in connection with the event of 31/01/2021 and pending trial, for 6 hours;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - the first and the second sets of proceedings, final judgments of 14/10/2020 and 24/03/2021, Moscow City Court);

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 (the first and the second sets of proceedings, final judgments of 14/10/2020 and 24/03/2021, Moscow City Court);

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - (i) alternatively to Article 10 issue (see, mutatis mutandis, Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-50, 17 April 2018) - arrest, conviction for participation in a series of solo demonstrations held on 29/05/2020 by a group of no less than 25 participants;

(ii) conviction under Article 20.2-8 of the CAO, sentence of administrative detention of 5 days for participation in an unauthorised rally in support of A. Navalnyy of 31/01/2021 in Moscow (final judgment: 24/03/2021, Moscow City Court); (iii) conviction under Article 20.2-8 of the CAO, sentence of administrative detention of

10 days for participation in a meeting with MPs on 20/09/2021 in Moscow (final judgment: 29/09/2021, Moscow City Court);

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant (i) on 19/03/2021 (second set of proceedings concerning the rally of 31/01/2021) and (ii) on 27/09/2021 (third set of proceedings concerning the event of 20/09/2021) was on each of the two occasions executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.

49949/21*

17/09/2021

Anatoliy Aleksandrovich CHISTOV

1991Fedor Yevgenyevich Sirosh

Moscow

Moscow, Red Square, 18/11/2020,

Protest ("performance") against cancellation of New Year celebrations

article 20.2 § 5 of CAO,

administrative fine of RUB 10,000

22/03/2021, Moscow City 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.

53091/21

08/10/2021

Mikhail Dmitriyevich MALININ

1992Aleksandr Dmitriyevich Peredruk

St Petersburg

Yaroslavl,

18/01/2021, Support of

A. Navalnyy

article 20.2 § 5 of CAO,

administrative fine of RUB 10,000

12/04/2021, Yaroslavl Regional Court

ban on public events at certain locations, immediate proximity of a police station

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of 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 the police officers on whose written statements the conviction was based, in proceedings related to the rally of 23/01/2021 (second set of proceedings);

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - Rally "Free Navalnyy", 23/01/2021, conviction under article 20.2 § 5 of CAO, fine of RUB 10,000, Yaroslavl Regional Court, 21/06/2021.

58322/21

05/11/2021

Yana Yuryevna SPATAR

1985Nikolay Sergeyevich Zboroshenko

Mytishchi

Moscow,

19/01/2021, Support of

A. Navalnyy

article 20.2 § 5 of CAO,

administrative fine of RUB 10,000

13/07/2021, Moscow City Court

Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to the police station on 19/01/2021 for the sole purpose to draw 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 the police officers on whose written statements her conviction was based.

27161/22*

05/05/2022

Makar Vladimirovich SOKOLOV

1995Natalya Andreyevna Baranova

Moscow

Vologda,

03/09/2021,

Protest against the arbitrariness of the police of Vologda

article 20.2 § 5 of CAO,

administrative fine of RUB 6,000

08/11/2021, Vologda Regional Court

ban on public events at certain locations - in the vicinity of the Department of Interior of the Vologda Region

34710/22

11/07/2022

Irina Olegovna SOLODOVA

1985Anna Yevgenyevna Bochilo

Barnaul

Volgograd,

24/02/2022,

Anti-war protest

article 20.2 § 2 of CAO,

administrative fine of 20,000 RUB

31/03/2022, Volgograd Regional Court

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to the police station and detention between 24/02/2022 and 25/02/2022 as administrative suspect, after compiling an offence report;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.

35417/22*

11/07/2022

Darya Yuryevna KUCHERENKO

1994Anna Yevgenyevna Bochilo

Barnaul

Ufa,

24/02/2022,

Anti-war protest

article 20.2 § 5 of CAO,

administrative fine of RUB 10,000

25/04/2022, Supreme Court of the Bashkortostan Republic

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 the police officers on whose written statements her conviction was based.

39555/22

30/07/2022

Roman Zosimovich ALEKSANDROV

1983Leonid Leonidovich Krikun

St Petersburg

St Petersburg, 08/03/2022,

Anti-war protest

article 20.2 § 2 of CAO,

administrative detention of 5 days

31/03/2022

St Petersburg City Court

distance requirement - event classified as assembly post facto

Art. 5 (1) - unlawful deprivation of liberty – arrest, escorting to a police station and detention between 08/03/2022 and 09/03/2022 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 the trial police officers on whose written statements his 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 09/03/2022 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.

41109/22

12/08/2022

Anastasiya Aleksandrovna ANDRYUSHINA

2001Vladimir Valeryevich Vasin

Krasnoyarsk

Krasnoyarsk, 26/02/2022,

Anti-war protest

article 19.3 § 1 of CAO,

administrative fine of RUB 2,000;

and

article 20.2 § 8 of CAO,

administrative fine of RUB 150,000

13/04/2022, Krasnoyarsk Regional Court

13/04/2022 Krasnoyarsk Regional Court

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.

41116/22

12/08/2022

Anna Andreyevna SOLOVYEVA

2002Vladimir Valeryevich Vasin

Krasnoyarsk

26/02/2022, Krasnoyarsk,

Anti-war protest

article 19.3 § 1 of CAO

administrative fine of RUB 2,000;

and

article 20.2 § 8 of CAO,

administrative fine of RUB 150,000

13/04/2022, Krasnoyarsk Regional Court

13/04/2022 Krasnoyarsk Regional Court

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.

41434/22

18/08/2022

Alina Romanovna MALYSHEVA

2002Varvara Dmitriyevna Mikhaylova

St Petersburg

Smolensk, 17/03/2022,

Anti-war protest

article 20.2 § 2 of CAO,

community work of 20 hours

27/04/2022 Smolensk Regional Court

distance requirement - event classified as assembly post facto

Art. 5 (1) - unlawful deprivation of liberty - escorting to and detention at the police station between 17/03/2022 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 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 police officers on whose written statements his conviction was based.

43065/22*

26/08/2022

Yelizaveta Yevgenyevna PEREKRESTOVA

1993Stanislav Aleksandrovich Seleznev

Samara

Elista,

06/03/2022,

Anti-war protest

article 20.3.3 § 1 of CAO,

administrative fine of RUB 30,000

27/04/2022, Supreme Court of the Republic of Kalmykia

conviction for discreditation of the Russian army

43151/22*

12/08/2022

Yuliya Igorevna VORONTSOVA

1990Sergey Sergeyevich Kulikov

Nizhniy Novgorod

Nizhniy Novgorod, 24/02/2022,

Anti-war protest

article 20.2 § 6.1 of CAO,

administrative detention of 2 days

13/04/2022, Nizhniy Novgorod Regional Court

Art. 5 (1) - unlawful deprivation of liberty – arrest, escorting to a police station, detention between

24/02/2022 and 25/02/2022 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) - unfair criminal proceedings - various deficiencies of the administrative offence proceedings (no possibility to adduce evidence in support of the applicant’s position).

43533/22

20/08/2022

Mikhail Anatolyevich SLYUSAR

1993Vladislav Vladimirovich Kosnyrev

Syktyvkar

Syktyvkar, 27/02/2022,

Anti-war protest

article 20.2 § 5 of CAO,

administrative fine of RUB 15,000

20/04/2022, Supreme Court of the Komi Republic

ban on public events at certain locations - in the vicinity of the court buildings, Stefanovskaya Square of Syktyvkar

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station on 27/02/2022 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.

43594/22*

26/08/2022

Olga Nikolayevna DAVYDOVA

1978Moscow, 13/03/2022,

Anti-war protest

(the applicant was arrested when approaching the venue)

article 20.3.3 § 1 of CAO,

administrative fine of RUB 50,000

26/04/2022, Moscow City Court

conviction for discreditation of the Russian army

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 13/03/2022 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.

45190/22*

22/08/2022

Yelena Valentinovna SAFRONOVA

1997Blagoveshchensk, 26/02/2022,

Anti-war protest

article 20.6.1 § 1 of CAO,

administrative fine of RUB 1,000

11/05/2022, Amur Regional Court

COVID-related ban on public events

Art. 5 (1) - unlawful deprivation of liberty – arrest, escorting to the police station on 26/02/2022 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.

46016/22*

17/09/2022

Natalya Vladimirovna SEMENOVA

1997Anna Yevgenyevna Bochilo

Barnaul

Cheboksary, 28/02/2022,

Anti-war protest

article 20.6.1 § 1 of CAO,

administrative fine of RUB 1,000

14/06/2022, Supreme Court of the Republic of Chuvashia

COVID-related ban on public events

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.

47795/22

15/09/2022

Ilya Khaimovich MYASKOVSKIY

1971Sergey Sergeyevich Kulikov

Nizhniy Novgorod

Nizhniy Novgorod, 19/03/2022,

Anti-war protest (the applicant was taking pictures of another person who staged an anti-war solo demonstration)

article 20.2 § 5 of CAO,

administrative fine of RUB 10,000

06/07/2022, Nizhniy Novgorod Regional 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 open court police officers on whose written statements the conviction was based, as well as to adduce evidence in support of his account of events

(a video footage).

50659/22

23/09/2022

Anush Ivanovna PANINA

1987Nikifor Yuryevich Ivanov

St Petersburg

St Petersburg, 02/04/2022,

Anti-war protest

article 20.2.2 § 1 of the CAO, administrative detention of 10 days;

and

article 20.3.3 § 1 of the CAO, administrative fine of RUB 40,000

24/05/2022,

St Petersburg City Court

(two separate final judgments issued on the same date)

conviction for discreditation of the Russian army (the second set of proceedings)

Art. 5 (1) - unlawful deprivation of liberty – arrest, escorting a police station detention between 02/04/2022 and 03/04/2022 as administrative suspect, pending trial, 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 - both sets of 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 (both sets of proceedings);

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 issue (see, mutatis mutandis, Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-50, 17 April 2018) - arrest, conviction for participation in an unauthorised gathering of 50 persons on 02/04/2022; art 20.2.2 § 1 of the CAO, final judgment: 24/05/2022, St Petersburg City Court;

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 03/04/2022 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.

51812/22

21/10/2022

Polina Andreyevna BARABASH

2000Yana Andreyevna Nepovinnova

St Petersburg

St Petersburg, 02/04/2022, Anti-war protest

(the applicant chained herself to a fence and installed a blue and yellow cross and anti-war posters nearby)

article 20.3.3 § 1 CAO,

administrative fine of RUB 30,000

23/06/2022

St Petersburg City Court

conviction for discreditation of the Russian army

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station on 02/04/2022 for a 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.

329/23

29/11/2022

Vladimir Vladimirovich AVDONIN

1992Aleksey Sergeyevich Lapuzin

Samara

Samara, 27/02/2022,

Anti-war protest

article 20.2 § 5 of CAO,

administrative fine of RUB 10,000

29/07/2022 Samara Regional Court

rotation - event classified as assembly post facto

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention on 27/02/2022 for the sole purpose of drawing up a record of the administrative offence;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.