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BORODIN v. RUSSIA and 39 other applications

Doc ref: 50067/18, 26536/21, 49537/21, 51178/21, 51346/21, 51913/21, 54830/21, 54934/21, 56688/21, 56883/21, ... • ECHR ID: 001-227941

Document date: September 7, 2023

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

BORODIN v. RUSSIA and 39 other applications

Doc ref: 50067/18, 26536/21, 49537/21, 51178/21, 51346/21, 51913/21, 54830/21, 54934/21, 56688/21, 56883/21, ... • ECHR ID: 001-227941

Document date: September 7, 2023

Cited paragraphs only

Published on 2 October 2023

FIRST SECTION

Application no. 50067/18 Georgiy Andreyevich BORODIN against Russia and 39 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

50067/18*

10/10/2018

Georgiy Andreyevich BORODIN

1998Ivan Yuryevich Zhdanov

Vilnius

Manifestation against Putin’s re-election

Voronezh

05/05/2018

article 20.2 § 5 of CAO

Fine of

RUB 10,000

Voronezh Regional Court

04/07/2018

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 the conviction was based,

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - overlap of the facts constituting the basis for the applicant’s prosecution in the second set of proceedings which ended on 04/07/2018 (Art. 20.2 § 5 of CAO) with substantially the same facts underlying his conviction in the first set of proceedings which ended on 21/06/2018 (Art. 19.3 § 1 of CAO) (complaint raised under Art.7 of the Convention)

26536/21

30/04/2021

Kseniya Alekseyevna PAKHOMOVA

1994Leonid Alekseyevich Solovyev

Moscow

Manifestation to support

A. Navalnyy

Pokrov

06/04/2021

article 20.2.2 § 3 of CAO

Detention for 9 days

Vladimir Regional Court

14/04/2021

Art. 5 (1) - unlawful detention - (i) escorting to and detention at the police station for compiling an offence report from 4.00 p.m. on 06/04/2021 until the hearing in the first-instance court on 07/04/2021; (ii) escorting to the police station on 25/04/2021,

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 the 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 the conviction was based (proceedings ended on 14/04/2021),

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentences of administrative detention imposed on the applicant (both sets of the proceedings) were executed immediately, on account of the lack of suspensive effect of an appeal under the CAO,

Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 21/04/2021 in Moscow,

Article 20.2 § 2 of CAO, detention for 10 days, final decision Moscow City Court 29/04/2021

49537/21*

16/09/2021

Nina Aleksandrovna RESHETILOVA

1970Nikolay Sergeyevich Zboroshenko

Mytishchi

Rally against construction works in Mitino Park

Moscow

27/09/2020

article 20.2 § 5 of CAO

Fine of

RUB 10,000

Moscow City Court

22/03/2021

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

Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 21/04/2021 in Moscow,

Article 20.2 § 8 of CAO, detention for 15 days, final decision Moscow City Court 26/04/2021,

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report on 22/04/2021,

Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements the conviction was based (proceedings ended on 26/04/2021)

51178/21*

08/10/2021

Maksim Vyacheslavovich PAYELOV

1987Ivan Yuryevich Zhdanov

Vilnius

Rally “Free Navalnyy”

Moscow

23/01/2021

article 20.2 § 5 of CAO

article 20.2 § 8 of CAO

Fine of

RUB 10,000

Fine of

RUB 150,000

Moscow City Court

14/04/2021

Moscow City Court

25/08/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report (i) from 3.00 p.m. until 7.30 p.m. on 23/01/2021; (ii) on 11/05/2021,

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 administrative 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 the conviction was based (both sets of the proceedings),

Art. 6 (1) - unfair criminal proceedings - various shortcomings in the administrative offence proceedings (no access to a lawyer during detention at the police station) – both sets of the proceedings

51346/21*

18/09/2021

Darya Andreyevna UDACHINA

2001Nikolay Sergeyevich Zboroshenko

Mytishchi

Rally “Free Navalnyy”

Moscow

31/01/2021

article 20.2 § 5 of CAO

Fine of

RUB 15,000

Moscow City Court

17/06/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report 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 police officers on whose written statements the conviction was based

51913/21*

08/10/2021

Maksim Igorevich CHERKASOV

1986Ivan Yuryevich Zhdanov

Vilnius

Rally to support Navalnyy

Tambov

12/03/2021

article 20.2 § 6.1 of CAO

Detention for

6 days

Tambov Regional Court

26/05/2021

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both 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 the trial police officers on whose written statements the conviction was based – both sets of the proceedings,

Art. 6 (1) - unfair criminal proceedings - various shortcomings in the administrative offence proceedings (no access to a lawyer during detention at the police station) – both sets of the proceedings,

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - overlap of the facts constituting the basis for the applicant’s prosecution in the second set of proceedings ended on 28/06/2021 (Art. 20.2 § 2 of CAO) with substantially the same facts underlying his conviction in the first set of proceedings ended on 26/05/2021 (Art. 20.2 § 6.1 of CAO),

Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 31/01/2021 in Tambov,

Article 20.2 § 2 of CAO, detention for 7 days, final decision Tambov Regional Court 28/06/2021

54830/21*

29/10/2021

Olga Aleksandrovna KARTAVTSEVA

1980Ivan Yuryevich Zhdanov

Vilnius

Rally “Free Navalnyy”

Omsk

31/01/2021

article 20.2 § 5 of CAO

Fine of

RUB 10,000

Omsk Regional Court

11/05/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.20 p.m. until 3.00 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) - unfair criminal proceedings - various shortcomings in the administrative offence proceedings (no access to a lawyer during detention at the police station)

54934/21*

27/10/2021

Konstantin Valentinovich POKHILCHUK

1996Daniil Aleksandrovich Semenov

St Petersburg

Opposition gathering

St Petersburg

22/06/2020

article 20.2 § 5 of CAO

Fine of

RUB 10,000

St Petersburg City Court

27/04/2021

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 police officers on whose written statements the conviction was based

56688/21

02/11/2021

Alipat Magomedovna SULTANBEGOVA

1991Feliks Yevgenyevich Vertegel

Krasnodar

Rally “Free Navalnyy”

Krasnodar

23/01/2021

article 20.2 § 5 of CAO

Fine of

RUB 10,000

Krasnodar Regional Court

05/05/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report: (i) from 5.30 p.m. until

11.00 p.m. on 23/01/2021; (ii) from 6.30 p.m. on 19/04/2021 until

7.00 p.m. on 20/04/2021,

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 administrative 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 the conviction was based (both sets of administrative proceedings),

Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 21/04/2021 in Krasnodar,

Article 20.2 § 2 of CAO, detention for 10 days, final decision Krasnodar Regional Court 09/08/2021,

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant (proceedings ended on 09/08/2021) was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO

56883/21*

31/10/2021

Alina Dmitriyevna MACHULSKAYA

1991Nikolay Sergeyevich Zboroshenko

Mytishchi

Forum of independent local elected representative

Moscow

13/03/2021

article 20.33 of CAO

Fine of

RUB 15,000

Izmaylovskiy District Court in Moscow

21/05/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 10.30 a.m. until 6.00 p.m. on 13/03/2021,

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

57098/21*

08/11/2021

Sergey Yevgenyevich VDOVIN

1969Nikolay Sergeyevich Zboroshenko

Mytishchi

Forum of independent local elected representatives

Moscow

13/03/2021

article 20.33 of CAO

Fine of

RUB 15,000

Izmaylovskiy District Court in Moscow

18/05/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 10.30 a.m. until 3.30 p.m. on 13/03/2021,

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

57102/21*

08/11/2021

Dmitriy Igorevich GOLIKOV

1983Nikolay Sergeyevich Zboroshenko

Mytishchi

Forum of independent local elected representatives

Moscow

13/03/2021

article 20.33 of CAO

Fine of

RUB 15,000

Izmaylovskiy District Court in Moscow

25/05/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1.00 p.m. until 4.30 p.m. on 13/03/2021,

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

57633/21*

07/11/2021

Maksudzhon Mashrabovich KOMILOV

1990Nikolay Sergeyevich Zboroshenko

Mytishchi

Gathering in front of Tadjik Embassy

Moscow

02/04/2021

article 20.2 § 5 of CAO

Fine of

RUB 10,000

Moscow City Court

13/07/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report on 02/04/2021,

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 police officers on whose written statements the conviction was based

61502/21

19/11/2021

Vladislav Vladimirovich BAYKOV

1995Kseniya Andreyevna KOCHERGO

1997Natalya Aleksandrovna Nechiporenko

Moscow

Rally “Free Navalnyy”

Moscow

31/01/2021

article 20.2 § 5 of CAO

Fine of

RUB 15,000

Moscow City Court

19/05/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.22 p.m. until 11.20 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 police officers on whose written statements the conviction was based

323/22*

08/12/2021

Timofey Viktorovich ANDRONOV

1996Ivan Yuryevich Zhdanov

Vilnius

Rally “Free Navalnyy”

Volgograd

31/01/2021

article 20.2 § 5 of CAO

Fine of

RUB 10,000

Volgograd Regional Court

21/07/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1.20 p.m. until 8.00 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 police officers on whose written statements the conviction was based

1414/22*

30/12/2021

Aleksandr Vasilyevich POPOV

1979Ivan Yuryevich Zhdanov

Vilnius

Rally “Free Navalnyy”

Yaroslavl

31/01/2021

article 20.2 § 5 of CAO

Fine of

RUB 10,000

Yaroslavl Regional Court

08/09/2021

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) (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 the conviction was based

2791/22*

30/12/2021

Zhanna Yevgenyevna VAGINA

1972Ivan Yuryevich Zhdanov

Vilnius

Rally to support

A. Navalnyy

Polyarniye Zori

21/04/2021

article 20.2 § 5 of CAO

Fine of

RUB 10,000

Murmansk Regional Court

23/07/2021

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both 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 the trial police officers on whose written statements the convictions were based in both sets of the proceedings,

Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 21/04/2021 in Polyarniye Zori,

Article 20.2 § 2 of CAO, fine of RUB 20,000, final decision Murmansk Regional Court 23/07/2021

2825/22*

30/12/2021

Nikolay Pavlovich PRIBYLOV

1979Ivan Yuryevich Zhdanov

Vilnius

Rally to support A. Navalnyy

Polyarniye Zori

21/04/2021

article 20.2 § 5 of CAO

Fine of

RUB 10,000

Murmansk Regional Court

13/08/2021

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

Art. 6 (1) - unfair criminal proceedings - inability to cross-examine in the trial police officers on whose written statements the conviction was based in both sets of the proceedings,

Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 21/04/2021 in Polyarniye Zori,

Article 20.2 § 2 of CAO, fine of RUB 20,000, final decision Murmansk Regional Court 13/08/2021

3298/22

30/12/2021

Aleksandr Vasilyevich POPOV

1979Ivan Yuryevich Zhdanov

Vilnius

Rally “Free Navalnyy”

Yaroslavl

23/01/2021

article 20.2 § 5 of CAO

Fine of

RUB 10,000

Yaroslavl Regional Court

20/07/2021

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 police officers on whose written statements the conviction was based

3951/22

21/12/2021

Andrey Sergeyevich VOROBYEV

1988Ilya Valeryevich Tkachenko

Gatchina

Rally “Free Navalnyy”

St Petersburg

31/01/2021

article 20.2 § 6.1 of CAO

Fine of

RUB 15,000

St Petersburg City Court

22/06/2021

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 police officers on whose written statements the conviction was based,

Art. 6 (1) - unfair criminal proceedings - various deficiencies of the administrative offence proceedings (unreasoned judgment)

4130/22*

24/12/2021

Yana Vladimirovna BELYAYEVA

2000Memorial Human Rights Centre

Moscow

Rally “Free Navalnyy”

Krasnoyarsk

31/01/2021

article 20.2 § 5 of CAO

Fine of

RUB 5,000

Krasnoyarsk Regional Court

24/06/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station from 1.20 p.m. until 5.20 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 - absence of the prosecutor in the appeal instance

4182/22

23/12/2021

Emiliya Sergeyevna ALEKSEYEVA

1989Memorial Human Rights Centre

Moscow

Rally “Free Navalnyy”

St Petersburg

31/01/2021

article 20.2.2 § 1 of CAO

Fine of

RUB 10,000

St Petersburg City Court

24/06/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.58 p.m. until 10.10 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 police officers on whose written statements the conviction was based

4226/22

18/12/2021

Yelena Georgiyevna MURGANOVA

1988Aleksandr Dmitriyevich Peredruk

St Petersburg

Opposition gathering

St Petersburg

18/06/2020

article 20.2 § 5 of CAO

Fine of

RUB 10,000

St Petersburg City Court

01/07/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.42 p.m. until 6.41 p.m. on 18/06/2020,

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 in the trial police officers on whose written statements the conviction was based

4324/22

22/12/2021

Viktor Anatolyevich GORBOKON

1968Veronika Yuryevna Karagodina

St Petersburg

Rally “Free Navalnyy”

St Petersburg

23/01/2021

article 8.6.1 § 2 of St Petersburg Administrative Offences Act

Fine of

RUB 4,000

Oktyabrskiy District Court in

St Petersburg

01/07/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.20 p.m. until 10.00 p.m. 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 police officers on whose written statements the conviction was based

4597/22

24/12/2021

Andrey Pavlovich SYCHEV

1988Kseniya Dmitriyevna Prosvirkina

Moscow

Rally “Free Navalnyy”

Moscow

31/01/2021

article 20.2 § 6.1 of CAO

Fine of

RUB 15,000

Moscow City Court

15/09/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.52 p.m. on 31/01/2021 until 12.50 a.m. on 01/02/2021,

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

4625/22

24/12/2021

Yevgeniy Aleksandrovich OVCHINNIKOV

2002Kseniya Dmitriyevna Prosvirkina

Moscow

Rally “Free Navalnyy”

Moscow

31/01/2021

article 20.2 § 6.1 of CAO

Fine of

RUB 10,000

Moscow City Court

29/06/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.05 p.m. on 31/01/2021 until 5.20 p.m. on 01/02/2021,

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 police officers on whose written statements the conviction was based

4766/22

24/12/2021

Denis Anatolyevich GETMAN

1987Yekaterina Viktorovna Gerasimova

St Petersburg

Opposition gathering

St Petersburg

22/06/2020

article 20.2 § 5 of CAO

Fine of

RUB 10,000

St Petersburg City Court

06/07/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.49 p.m. until 9.49 p.m. on 22/06/2021,

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 police officers on whose written statements the conviction was based

7502/22

30/12/2021

Andrey Andreyevich NOVOKRESHCHENNYKH

1987Vladimir Valeryevich Vasin

Krasnoyarsk

Rally “Free Navalnyy”

Krasnoyarsk

31/01/2021

article 20.2 § 5 of CAO

Fine of

RUB 10,000

Krasnoyarsk Regional Court

15/07/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.50 p.m. until 4.02 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

7538/22*

24/01/2022

Farit Zufarovih SHARAFUTDINOV

1988Yelena Yuryevna Pershakova

Moscow

Rally “Free Navalnyy”

Moscow

02/02/2021

article 20.2 § 5 of CAO

Fine of

RUB 10,000

Moscow City Court

29/07/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from approximately 11.00 a.m. until 8.00 p.m. 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 police officers on whose written statements the conviction was based,

Art. 6 (1) - unfair criminal proceedings - various shortcomings in the administrative offence proceedings (no access to a lawyer during detention at the police station)

7631/22*

18/01/2022

Naum Isayevich GURALNIK

1934Nikolay Sergeyevich Zboroshenko

Mytishchi

Forum of independent local elected representatives

Moscow

13/03/2021

article 20.33 of CAO

Fine of

RUB 15,000

Izmaylovskiy District Court in Moscow

22/07/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 10.00 a.m. until 11.00 p.m. on 13/03/2021

7733/22

13/01/2022

Olga Anatolyevna NIKOLAYEVA

1986Memorial Human Rights Centre

Moscow

Rally “Free Navalnyy”

Tver

21/04/2021

article 20.2 § 5 of CAO

Fine of

RUB 12,000

Tver Regional Court

21/07/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 7.05 p.m. until 8.25 p.m. on 21/04/2021,

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

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 the conviction was based,

Art. 6 (1) - unfair criminal proceedings - various shortcomings in the administrative offence proceedings (absence at the first instance hearing and absence at the appeal hearing due to lack of notification)

7746/22*

13/01/2022

Mariya Mikhaylovna SHCHETININA

2000Memorial Human Rights Centre

Moscow

Rally “Free Navalnyy”

Moscow

31/01/2021

article 20.2 § 5 of CAO

Fine of

RUB 15,000

Moscow City Court

15/07/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.00 p.m. on 31/01/2021 until 2.35 a.m. on 01/02/2021,

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 police officers on whose written statements the conviction was based

7769/22*

13/01/2022

Sergey Olegovich LEBEDEV

1988Memorial Human Rights Centre

Moscow

Rally “Free Navalnyy”

St Petersburg

31/01/2021

article 20.2.2 § 1 of CAO

Fine of

RUB 10,000

St Petersburg City Court

20/07/2021

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 police officers on whose written statements the conviction was based

8030/22*

14/01/2022

Sofya Olegovna MEDVEDEVA

1995Aleksandr Vasilyevich Popkov

Sochi

Rally “Free Navalnyy”

Sochi

23/01/2021

article 20.2 § 6.1 of CAO

Fine of

RUB 19,000

Krasnodar Regional Court

11/08/2021

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) - unfair criminal proceedings - various deficiencies of the administrative offence proceedings (lack of time and facilities to prepare the defence, unreasoned judgment)

8097/22

15/01/2022

Yelena Borisovna FERDMAN

1980Roman Yevgenyevich Kachanov

Yekaterinburg

Rally “Free Navalnyy”

Ekaterinburg

23/01/2021

article 20.2 § 5 of CAO

Fine of

RUB 15,000

Sverdlovsk Regional Court

21/07/2021

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

8100/22*

14/01/2022

Valentin Vladimirovich YAKUNIN

1967Olimpiada 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

14/07/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.40 p.m. until 6.40 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 police officers on whose written statements the conviction was based

8245/22*

29/01/2022

Anastasiya Arnoldovna MOISEYEVA

2003Konstantin Aleksandrovich Markin

Velikiy Novgorod

Rally “Free Navalnyy”

Novgorod

21/04/2021

article 20.2 § 5 of CAO

Fine of

RUB 5,000

Novgorod Regional Court

12/08/2021

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

Art. 5 (1) - unlawful detention - escorting to and detention at the police station from 8.00 p.m. until 10.10 p.m. on 21/04/2021,

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 police officers on whose written statements the conviction was based

27426/22*

17/05/2022

Polina Pavlovna BASHUROVA

1998Mariya Sergeyevna Zyryanova

St Petersburg

Gathering on occasion of International Day for the Elimination of Violence against Women

St Petersburg

25/11/2021

article 20.2 § 2 of CAO

Fine of

RUB 20,000

St Petersburg City Court

18/01/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 8.15 p.m. on 25/11/2021 until the hearing in the first-instance court on 27/11/2021,

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 police officers on whose written statements the conviction was based

32097/22*

31/05/2022

Mikhail Grigoryevich FEDOROV

1972Sergey Viktorovich Podolskiy

St Petersburg

Protest against war in Ukraine

St Petersburg

06/03/2022

Protest against war in Ukraine

St Petersburg

13/03/2022

article 20.2 § 6.1 of CAO

article 20.2 § 6.1 of CAO

Fine of

RUB 10,000

detention for

5 days

St Petersburg City Court

09/06/2022

St Petersburg City Court

17/03/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report: (i) first set of proceedings - from 1.50 p.m. on 06/03/2022 until 1.30 a.m. on 07/03/2022; (ii) second set of proceedings - from 2.30 p.m. on 13/03/2022 until the hearing in the first-instance court on 14/03/2022,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both 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 the trial police officers on whose written statements the conviction was based in both sets of the proceedings,

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

45432/22*

26/08/2022

Arina Sergeyevna ZABOLOTSKIKH

2002Rim Faridovich Sabirov

Kazan

Protest against war in Ukraine

Kazan

06/03/2022

article 20.2 § 5 of CAO

Fine of

RUB 10,000

Supreme Court of the Republic of Tatarstan

27/04/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report: (i) first set of proceedings - from 2.05 p.m. on 06/03/2022 until the hearing in the first-instance court on 07/03/2022; (ii) second set of proceedings - from 3.50 p.m. on 15/03/2022 until the hearing in the first-instance court on the same day,

Art. 10 (1) - conviction for the display of slogans/banners/other symbols by participants in public events - displaying banner,

Art. 20.3.3 § 1 of CAO, fine of RUB 30,000, Supreme Court of the Republic of Tatarstan, 25/05/2022

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