Published on 24 April 2023

SECOND SECTION

Application no. 368/18 Yelena Nikolayevna GAVRILINA against Russia and 20 other applications

(see list appended)

PROCEDURAL INFORMATION

Following a preliminary examination of the admissibility of the applications on 30 March 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

368/18

16/12/2017

Yelena Nikolayevna GAVRILINA

1963Lawyers of former Memorial Human Rights Centre

Moscow

Protest against the authorities’ failure to perform their obligations towards the applicant’s disabled son, 23/12/2016, Moscow

article 20.2 § 5 of CAO, administrative fine of RUB 10,000

16/06/2017,

Moscow City Court

Art. 5 (1) - unlawful deprivation of liberty- arrest and detention between 5.30 p.m. and 7 p.m. on 23/12/2016 for the sole purpose of drawing up a record of administrative offence: no evidence/ assessment that it was impracticable, on the spot, to compile the offence record and to achieve the goals set out in the CAO,

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

Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officers on whose written statements the applicant’s conviction was based, as well as a defence witness (an eyewitness of the demonstration)

22834/18*

08/05/2018

Aleksey Vyacheslavovich VARNAVIN

1981Lawyers of former Memorial Human Rights Centre

Moscow

Protest of a defrauded owner of a flat in an unfinished building, 24/10/2017, Moscow

article 20.2 § 5 of CAO, administrative fine of RUB 10,000

30/03/2018, Moscow City Court

Art. 5 (1) - unlawful deprivation of liberty- arrest and detention on 24/10/2017 for the sole purpose of drawing up a record of administrative offence: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and achieve the objectives set out in the CAO,

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

29938/18*

15/06/2018

Yelena Pavlovna APOKINA

1970Ivan Yuryevich Zhdanov

Vilnius

Picket in support of A. Navalnyy, 07/10/2017, Bryansk

article 20.2 § 5 of CAO, administrative fine of RUB 15,000

15/12/2017, Bryansk Regional Court

distance requirement - event classified as assembly post facto

29984/18*

05/06/2018

Igor Anatolyevich ABDURAKHMANOV

1956Ivan Yuryevich Zhdanov

Vilnius

Picket in support of A. Navalnyy, 07/10/2017, Bryansk

article 20.2 § 5 of CAO, administrative fine of RUB 15,000

15/12/2017, Bryansk Regional Court

distance requirement - event classified as assembly post facto

12176/19*

30/01/2019

Anastasiya Mikhaylovna GLUSHKOVA

1999Aleksey Nikolayevich Laptev

Moscow

Protest against actions of L. Slutskiy - a member of the Parliament accused by journalists of sexual harassment, 03/04/2018, Moscow

article 20.2 § 5 of CAO, administrative fine of RUB 10,000

30/07/2018, Moscow City Court

distance requirement - event classified as assembly post facto

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention at 6 p.m. on 03/04/2018 (release time not specified) for the sole purpose of drawing up a record of administrative offence: no evidence / assessment that it was impracticable, on the spot, to compile the offence record and to achieve the objectives set out in the CAO,

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

43813/20*

10/09/2020

Yuliya Yevgenyevna PAVLIKOVA

1974Oleg Aleksandrovich Yelanchik

Moscow

Support of political prisoners ("Novoye Velichiye" case), 07/12/2019, Moscow

article 20.2 § 5 of CAO, administrative fine of RUB 10,000

10/03/2020, Moscow City Court

ban on public events at certain locations: in the vicinity of the Moscow Kremlin, (Kremlevskaya Embankment)

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention between 3.30 p.m. and 6.30 p.m. (according to the administrative arrest record), or 7.20 p.m. according to the applicant on 07/12/2019 for the sole purpose of drawing up a record of an administrative offence: no evidence / assessment that it was impracticable, on the spot, to compile the offence record and to achieve the objectives set out in the CAO,

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

2680/21*

11/12/2020

Yevgeniy Igorevich SVAROVSKIY

1971Picket against constitutional amendments, 29/05/2020,

Moscow

article 20.2 § 8 of CAO, administrative fine of RUB 200,000

28/08/2020, Moscow City Court

rotation - event classified as assembly post facto, distance requirement - event classified as assembly post facto

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

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 issue (see 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 a rotation basis on 29/05/2020 by no less than 25 participants, characterised as assembly post facto

13638/21

12/02/2021

Yuliya Leontyevna KREBS

1988Aleksey Vladimirovich Bushmakov

Yekaterinburg

Support of S. Furgal, 08/08/2020, Yekaterinburg

article 20.2 § 5 of CAO, administrative fine of RUB 10,000

02/12/2020,

Sverdlovsk Regional Court

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

19464/21*

28/03/2021

Kirill Andreyevich SHISHKANOV

1984Yelena Yuryevna Pershakova

Moscow

Protest against constitutional amendments, 18/06/2020, Moscow

article 20.6.1 § 1 of CAO, administrative fine of RUB 10,000

28/09/2020, Moscow City Court

conviction for a breach of the COVID-19 restrictions

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention between 5.30 p.m. and 9 p.m. (according to the applicant), or 8.25 p.m. (according to the administrative offence record) on 18/06/2020 for the sole purpose of drawing up a record of administrative offence: no evidence / assessment that it was impracticable, on the spot, to compile the offence record and to achieve the objectives set out in the CAO,

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

22650/21 *

02/04/2021

Aleksandr Emmanuilovich NAKHIMSON

1953Nikolay Vladimirovich Vasilyev

Moscow

Support of arrested journalist I. Azar, 29/05/2020, Moscow

article 20.6.1 § 1 of CAO, administrative fine of RUB 10,000

02/10/2020,

Moscow City Court

COVID-19 restrictions on holding of public events

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

29077/21 *

17/05/2021

Bazhena Dmitriyevna ZHAVORONKOVA

1989Aleksey Vladimirovich Bushmakov

Yekaterinburg

Support of S. Furgal, 08/08/2020, Yekaterinburg

article 20.2 § 5 of CAO, administrative fine of RUB 10,000

01/12/2020, Sverdlovsk Regional Court

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

39362/21

20/07/2021

Ivan Aleksandrovich OSTAPCHUK

1993Varvara Dmitriyevna Mikhaylova

St Petersburg

Support of arrested journalists I. Azar and V. Vorontsov,

01/06/2020,

St Petersburg

article 8.6.1 of the Administrative Offences Act of St Peterburg, administrative fine of RUB 4,000

21/01/2021,

St Petersburg City Court

conviction for a breach of the COVID-19 restrictions

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention between 7 p.m. and at least 10.37 p.m. (as per the administrative offence record) on 01/06/2020, in excess of three hours, for the sole purpose of drawing up a record of administrative offence: no evidence / assessment that it was impracticable, on the spot, to compile the offence record and to achieve the objectives set out in the CAO,

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

40136/21*

23/07/2021

Daniil Sergeyevich CHEBYKIN

1991Vitaliy Viktorovich Cherkasov

St Petersburg

Support of A. Navalnyy, 08/11/2020, Omsk

article 20.2 § 5 of CAO, administrative fine of RUB 10,000

09/02/2021, Omsk Regional Court

rotation - event classified as assembly post facto

40679/21*

25/07/2021

Valeriy Sergeyevich SEMENISHCHEV

1974Varvara Dmitriyevna Mikhaylova

St Petersburg

Picket to draw attention to environmental problems in Kirov, 17/11/2020, Kirov

article 20.2 § 2 of CAO, administrative fine of RUB 10,000

03/02/2021, Kirov Regional Court

rotation - event classified as assembly post facto

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

43482/21*

08/08/2021

Vladimir Vladimirovich SHULENIN

1997Mansur Idrisovich Gilmanov

Podolsk

Protest against politics of President Putin, 07/10/2020, Moscow

(the applicant left several objects - swimming fins, two bottles of glue and a certificate of honour - at the entrance of the President Administration building, as a "birthday present" to Mr Putin, took pictures and left the venue)

article 20.2 § 5 of CAO, administrative fine of RUB 15,000

08/02/2021, Moscow City Court

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to the police station between noon and 3.40 p.m. on 13/10/2020 for the sole purpose of compiling the administrative offence record: no evidence/ assessment that it was impracticable, on the spot, to compile the offence record and to achieve the objectives set out in the CAO,

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 question the police officers on whose reports the conviction was based

43486/21*

08/08/2021

Nadezhda Valeryevna YEVGRAFOVA

1988Mansur Idrisovich Gilmanov

Podolsk

Manifestation for transgender rights, protest against amendments into the Family Code of Russia, 18/07/2020,

Moscow

article 20.2 § 5 of CAO, administrative fine of RUB 17,000

08/02/2021,

Moscow City Court

rotation - event classified as assembly post facto

Art. 5 (1) - unlawful deprivation of liberty - Arrest, detention between 2.15 p.m. and 5.10 p.m. on 18/07/2020 as an administrative suspect "for a timely and correct examination of the case": no evidence/assessment that it was impossible to draw up an offence record on the spot and to achieve the goals set out in the CAO; the administrative offence record was compiled on 22/07/2020 only,

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 question the police officers on whose reports the conviction was based;

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, §§ 48-51, 17 April 2018)- arrest, conviction for participation in a series of solo pickets on 18/07/2020 in a group of no less than 25 participants

18014/22*

11/03/2022

Galina Fedorovna TIKHENKO

1947Protest against construction of a highway, 07/07/2021, Frunzenskoye settlement of the Volgograd Region

article 20.2 § 8 of CAO, administrative fine of RUB 150,000

16/09/2021, Volgograd Regional Court

distance requirement - event classified as assembly post facto

43410/22*

18/08/2022

Arina Vladimirovna POPOVA

1982Ruslan Yuryevich Bannikov

Voronezh

Protest against the war in Ukraine, 06/03/2022, Voronezh

article 20.3.3 § 1 of CAO, administrative fine of RUB 30,000

07/06/2022, Voronezh Regional Court

conviction for discreditation of the Russian armed forces

Art. 5 (1) - unlawful deprivation of liberty- arrest, taking to a police station as an administrative suspect on (1) 24/02/2022 and (2) 06/03/2022: in either case, no evidence/assessment that it was impracticable, on the spot, to compile the offence record and achieve the objectives set out in the CAO,

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, leading to the judgments of 24/05/2022 and 07/06/2022,

Art. 6 (1) - unfair trial in administrative offence proceedings - inability to submit evidence in defence of the applicant’s version of events on an equal footing with the prosecution (see, mutatis mutandis , Navalnyy v. Russia [GC], nos. 29580/12 and 4 others, §§ 83‑84, 15 November 2018)- the courts’ refusal to admit as irrelevant the "specialist" report by an expert in linguistics, commissioned by the defence, on the issue whether the texts of the two placards held by the applicant on 06/03/2022 contained information discrediting the Russian armed forces (final judgment: 07/06/2022),

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - anti-war manifestation, 24/02/2020, Voronezh, arrest and conviction under article 20.2 § 5 of CAO, administrative fine of RUB 5,000, final judgment: Voronezh Regional Court, 24/05/2022

48314/22

23/09/2022

Nikita Alekseyevich MAMAYEV

2000Aleksey Sergeyevich Lapuzin

Samara

Protest against the war in Ukraine, 06/03/2022, Samara

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

26/05/2022, Samara Regional Court

conviction for discreditation of the Russian armed forces

Art. 5 (1) - unlawful deprivation of liberty – arrest, detention between 2 p.m. and 8 p.m. on 06/03/2020 as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and achieve the objectives set out in the CAO; detention beyond the three-hour statutory period,

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

54433/22*

10/11/2022

Aleksey Petrovich NIKITIN

1991Protest against patriotic propaganda, 24/03/2022, Moscow

article 20.6.1 § 1 of CAO, administrative fine of RUB 15,000

11/07/2022, Moscow City Court

COVID-19 restrictions on public events

Art. 5 (1) - unlawful deprivation of liberty- arrest, taking to a police station on 24/03/2022 as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and achieve the objectives set out in the CAO,

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

2650/23*

29/12/2022

Anastasiya Aleksandrovna TIKHONOVA

1988Darya Dmitriyevna Aksenova

Kolomna

Protest against the war in Ukraine, 08/05/2022, Moscow

article 20.3.3 § 1 of CAO, administrative fine of RUB 50,000

08/09/2022, Moscow City Court

conviction of discreditation of the Russian army

Art. 5 (1) - unlawful deprivation of liberty - arrest, transfer to the police station, detention on 08/05/2022 for the sole purpose of compiling of an administrative arrest record: no evidence / assessment that it was impracticable, on the spot, to compile the offence record and to achieve the objectives set out in the CAO,

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