Published on 27 March 2023

THIRD SECTION

Application no. 21527/18 Stanislav Vitalyevich KOTOV against Russia and 8 other applications

(see list appended)

PROCEDURAL INFORMATION

Following a preliminary examination of the admissibility of the applications on 10 March 2022, 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 6 § 1 of the Convention relating to lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings which are the subject of well-established case law of the Court (see Karelin v. Russia, no. 926/08, 20 September 2016).

APPENDIX – STATEMENT OF FACTS

List of applications raising complaints under Article 6 § 1 of the Convention (lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings)

No.

Application no.

Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Penalty

Date of final domestic decision

Name of court

Other complaints under well-established case-law

21527/18*

19/04/2018

Stanislav Vitalyevich KOTOV

1970fine of RUB 20,000

11/01/2018, Arkhangelsk Regional Court

26172/18*

21/05/2018

Aleksey Sergeyevich VINOGRADOV

1986community service of

120 hours

10/05/2018,

Volsk District Court of the Saratov Region

28777/18*

05/06/2018

Yashar Ali ogly BADALOV

1963fine of RUB 30,000;

suspension of driving licence for 1 year and 7 months

30/05/2018,

Volsk District Court of the Saratov Region

30638/18*

13/06/2018

Aleksandr Sergeyevich POSKREBETYEV

1973Yevgeniy Valeryevich Kulakov

Arkhangelsk

fine of RUB 30,000, suspension of driving licence

23/05/2018, Lomonosovskiy District Court of Arkhangelsk

31412/18

25/06/2018

Artem KOGAN

1967Memorial Human Rights Centre

Moscow

fine of RUB 20,000

22/01/2018,

Moscow City Court

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 12/06/2017 (raised on appeal in the administrative proceedings:

detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1) ‑ (4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121 ‑ 22, 10 April 2018);

Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable on the spot to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019).

31427/18

25/06/2018

Aleksandr PALTSEV

1967Memorial Human Rights Centre

Moscow

fine of RUB 15,000

02/02/2018,

Moscow City Court

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 12/06/2017 (raised on appeal in the administrative proceedings): Detention as an administrative suspect: beyond the three-hour statutory period

(Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121 ‑ 22, 10 April 2018); Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable on the spot to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity

(see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019);

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 and to submit evidence in defence of the applicant’s version of events on an equal footing with the prosecution.

31871/18*

18/06/2018

Oleg Fedorovich KRENEV

1977fine of RUB 30,000, suspension of driving licence

23/05/2018, Lomonosovskiy District Court of Arkhangelsk

33004/18

09/07/2018

Ivan Vyacheslavovich YEZHOV

1988Memorial Human Rights Centre

Moscow

fine of RUB 10,000

22/03/2018, Moscow City Court

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 12/06/2017 from 5 p.m. to 9.45 p.m. (raised on appeal in the administrative proceedings): Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable on the spot to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO e.g. to establish the suspect’s identity (see Korneyeva v. Russia

no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee] nos. 50271/06 and 8 other applications, § 35, 2 July 2019)

Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018);

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.

33226/18*

05/07/2018

Oleg Aleksandrovich ZHARIKOV

1984fine of RUB 30,000, suspension of driving licence

25/06/2018,

Volsk District Court of the Saratov Region