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GLUSHCHENKO v. RUSSIA and 19 other applications

Doc ref: 26942/21, 46945/21, 49175/21, 49190/21, 49201/21, 49365/21, 49532/21, 49986/21, 50008/21, 50019/21, ... • ECHR ID: 001-227939

Document date: September 7, 2023

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

GLUSHCHENKO v. RUSSIA and 19 other applications

Doc ref: 26942/21, 46945/21, 49175/21, 49190/21, 49201/21, 49365/21, 49532/21, 49986/21, 50008/21, 50019/21, ... • ECHR ID: 001-227939

Document date: September 7, 2023

Cited paragraphs only

Published on 2 October 2023

FIRST SECTION

Application no. 26942/21 Andrey Sergeyevich GLUSHCHENKO against Russia and 16 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

26942/21*

27/04/2021

Andrey Sergeyevich GLUSHCHENKO

2001Andrey Yevgenyevcich Shchukin

Nizhniy Tagil

Manifestation in support of

A. Navalnyy ("Otpuskay")

Yekaterinburg

31/01/2021

article 20.2 § 5 of CAO

35 hours of community service

Sverdlovsk Regional Court

08/04/2021

Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 31/01/2021 for 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

46945/21*

01/09/2021

Tatyana Aleksandrovna SIZOVA

1998Nikita Nikolayevich Tkachenko

Belgorod

Rally "Free Navalnyy"

Belgorod

23/01/2021

article 20.2 § 2 of CAO

detention for 3 days

Belgorod Regional Court

01/03/2021

49175/21*

28/09/2021

Yelena Olegovna SAVELYEVA

1988Memorial Human Rights Centre

Moscow

Rally "Free Navalnyy"

St Petersburg

31/01/2021

article 20.2 § 2 of CAO

fine of

RUB 10,000

St Petersburg City Court

13/04/2021

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;

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 12.50 p.m. on 31/01/2021 until 00.10 a.m. on 01/02/2021.

49190/21*

28/09/2021

Fedor Aleksandrovich KAPUSTIN

1993Memorial Human Rights Centre

Moscow

Rally "Free Navalnyy"

Moscow

31/01/2021

article 20.2 § 5 of CAO

fine of

RUB 10,000

Moscow City Court

30/03/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 12.15 p.m. until 8.09 p.m. on 31/01/2021;

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;

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

49201/21*

28/09/2021

Darya Vladimirovna KLOCHKOVA

1997Memorial Human Rights Centre

Moscow

Rally "Free Navalnyy"

Samara

31/01/2021

article 20.2 § 5 of CAO

fine of

RUB 10,000

Samara Regional Court

06/04/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 1.35 p.m. until 7.40 p.m. 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.

49365/21*

22/09/2021

Anna Alekseyevna KRASILNIKOVA

2002Memorial Human Rights Centre

Moscow

Rally "Free Navalnyy"

St Petersburg

31/01/2021

article 20.2 § 2 of CAO

fine of

RUB 10,000

St Petersburg City Court

08/06/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 2.50 p.m. on 31/01/2021 until 1 a.m. on 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;

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

49532/21*

22/09/2021

Nikolay Aleksandrovich ORLOV

1993Memorial Human Rights Centre

Moscow

Rally "Free Navalnyy"

Moscow

23/01/2021

article 20.2 § 5 of CAO

fine of

RUB 15,000

Moscow City Court

26/03/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 2.55 p.m. on 23/01/2021 until 00.01 a.m. on 24/01/2021;

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.

49986/21*

22/09/2021

Andrey Vladimirovich KAMINSKIY

1972Marina Alekseyevna Dubrovina

Novorossiysk

Rally "Free Navalnyy"

Anapa

31/01/2021

article 20.2 § 5 of CAO

fine of

RUB 10,000

Krasnodar Regional Court

22/03/2021

Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for 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;

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.

50008/21*

27/09/2021

Serafima Vladimirovna MASLOVSKAYA

1990Tatyana Georgiyevna Martynova

Pskov

Rally "Free Navalnyy"

Pskov

31/01/2021

article 20.2 § 5 of CAO

fine of

RUB 10,000

Pskov Regional Court

05/04/2021

Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for 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.

50019/21*

27/09/2021

Anton Mikhaylovich NIKOGOSOV

2002Tatyana Georgiyevna Martynova

Pskov

Rally "Free Navalnyy"

Pskov

31/01/2021

article 20.2 § 5 of CAO

fine of

RUB 15,000

Pskov Regional Court

05/04/2021

Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for 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.

50039/21*

27/09/2021

Anton Andreyevich SEMENOV

1990Tatyana Georgiyevna Martynova

Pskov

Rally "Free Navalnyy"

Pskov

31/01/2021

article 20.2 § 5 of CAO

fine of

RUB 15,000

Pskov Regional Court

05/04/2021

Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for 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.

50061/21*

27/09/2021

Anton Valeryevich BALIN

1981Tatyana Georgiyevna Martynova

Pskov

Rally "Free Navalnyy"

Pskov

31/01/2021

article 20.2 § 5 of CAO

fine of

RUB 10,000

Pskov Regional Court

05/04/2021

Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for 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.

50093/21*

24/09/2021

Aleksandr Sergeyevich LOBOV

1986Roman Yevgenyevich Kachanov

Yekaterinburg

Rally "Free Navalnyy"

Ekaterinburg

31/01/2021

article 20.2 § 5 of CAO

30 hours of community service

Sverdlovsk Regional Court

01/04/2021

Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for 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.

50164/21*

23/09/2021

Daniil Olegovich SINITSIN

2001Arkadiy Vitalyevich Shindyapin

Moscow

Rally "Free Navalnyy"

Moscow

31/01/2021

article 20.2 § 5 of CAO

fine of

RUB 15,000

Moscow City Court

17/05/2021

Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for 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;

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.

50270/21*

23/09/2021

Aleksandr Andreyevich AVDEYEV

1984Arkadiy Vitalyevich Shindyapin

Moscow

Rally "Free Navalnyy"

Moscow

31/01/2021

article 20.2 § 5 of CAO

fine of

RUB 15,000

Moscow City Court

17/05/2021

Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for 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;

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.

53998/21*

10/10/2021

Aleksandr Alekseyevich LOBODA

1988Nikita Nikolayevich Tkachenko

Belgorod

Rally "Free Navalnyy"

Belgorod

31/01/2021

article 20.2 § 5 of CAO

fine of

RUB 10,000

Belgorod Regional Court

19/04/2021

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 the trial the police officers on whose written statements the applicant’s conviction was based.

54251/21*

14/10/2021

Andrey Vadimovich CHERNYSHOV

1995Olimpiada Valentinovna Usanova

Nizhniy Novgorod

Rally "Free Navalnyy"

Nizhniy Novgorod

31/01/2021

article 20.2 § 5 of CAO

fine of

RUB 10,000

Nizhniy Novgorod Regional Court

21/04/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 12.30 p.m. until 11.00 p.m. on 31/01/2021;

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;

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

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