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MALOV v. RUSSIA and 20 other applications
Doc ref: 9837/18, 11452/18, 15399/18, 43614/19, 48320/19, 41307/20, 41415/20, 31783/21, 31832/21, 32108/21, 3... • ECHR ID: 001-224268
Document date: March 30, 2023
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MALOV v. RUSSIA and 20 other applications
Doc ref: 9837/18, 11452/18, 15399/18, 43614/19, 48320/19, 41307/20, 41415/20, 31783/21, 31832/21, 32108/21, 3... • ECHR ID: 001-224268
Document date: March 30, 2023
Cited paragraphs only
Published on 24 April 2023
SECOND SECTION
Application no. 9837/18 Anatoliy Viktorovich MALOV 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
9837/18
09/02/2018
Anatoliy Viktorovich MALOV
1980Ivan Yuryevich Zhdanov
Vilnius
Kazan,
08/07/2017,
Distribution of leaflets in support of A. Navalnyy’s intention to run for the President of Russia
article 20.2 § 5 of CAO, community service, 30 hours
09/08/2017, Supreme Court of the Republic of Tatarstan
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
11452/18*
02/03/2018
Dmitriy Mikhaylovich KLEPIKOV
1983Konstantin Ilyich Terekhov
Moscow
"Proletarskaya" Metro station in Moscow,
08/07/2017,
Distribution of leaflets in support of A. Navalnyy’s intention to run for the President of Russia
article 20.2 § 5 of CAO, fine of RUB 10,000
06/09/2017, Moscow City Court
distribution of leaflets held by solo participants simultaneously at several Metro stations considered as a single group event
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
15399/18*
23/03/2018
Yegor Alekseyevich ARKHAROV
1996Konstantin Ilyich Terekhov
Moscow
"Akademicheskaya" Metro station in Moscow,
08/07/2017,
Distribution of leaflets in support of A. Navalnyy’s intention to run for the President of Russia
article 20.2 § 5 of CAO, fine of RUB 10,000
12/10/2017, Moscow City Court
distribution of leaflets held by solo participants simultaneously at several Metro stations considered as a single group event
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to the police station, detention on 08/07/2017 for the sole purpose of drawing up a record of an administrative offence
43614/19*
22/08/2019
Zoya Zinovyevna NIKOLSKAYA
1956Moscow,
24/04/2019,
Picket against onychectomy for cats
article 20.2 § 5 of CAO, fine of RUB 10,000
10/07/2019, 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
48320/19*
26/08/2019
Gayane Aregovna PETROSYAN
1975Irina Aleksandrovna Yatsenko
Moscow
Moscow,
15/09/2018,
Picket in support of O. Sentsov
article 20.2 § 5 of CAO, fine of RUB 10,000
26/02/2019, Moscow City Court
ban on public events at certain locations - in the vicinity of the residence of the President of Russia
Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 15/09/2018 for 3 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 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 the police officers on whose written statements the applicant’s conviction was based
41307/20*
28/08/2020
Tatyana Aleksandrovna CHERNOVA
1964Oleg Aleksandrovich Yelanchik
Moscow
Moscow,
07/12/2019,
Support of political prisoners (the "Network" case)
article 20.2 § 5 of CAO, fine of RUB 10,000
28/02/2020, Moscow City Court
ban on public events at certain locations – in the vicinity of the President’s Administration
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 07/12/2019 in excess of three hours, for the sole purpose of drawing up a record of an administrative offence,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
41415/20
08/09/2020
Sergey Igorevich RYABOV
1992Konstantin Ilyich Terekhov
Moscow
Tula,
12/03/2020,
Picket against the constitutional amendments
article 20.2 § 2 of CAO, fine of RUB 25,000
27/04/2020, Tula Regional Court
31783/21
04/06/2021
Arshak Arturovich MAKICHYAN
1994Fedor Yevgenyevich Sirosh
Moscow
Moscow,
17/07/2020,
Picket against climate change
article 20.6.1 § 1 of CAO, fine of RUB 15,000
04/12/2020, Moscow City Court
Conviction for holding a public event in breach of COVID-19 restrictions
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 17/07/2020 for the sole purpose of drawing up an administrative arrest record,
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 the police officers on whose written statements the conviction was based
31832/21
07/06/2021
Sergey Nikolayevich ABLEYEV
2002Irina Yuryevna Ruchko
Yekaterinburg
Yekaterinburg,
25/07/2020,
Picket in support of protesters in Khabarovsk
article 20.2 § 5 of CAO, fine of RUB 10,000
08/12/2020, Sverdlovsk Regional Court
distance requirement - event classified as assembly post facto
Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 25/07/2020 for the sole purpose of drawing up a record of administrative offence (such record compiled on 31/08/2020 only)
32108/21
07/06/2021
Boris Nikolayevich SUPRENOK
1952Ilya Vladimirovich Sivoldayev
Moscow
Voronezh,
15/08/2020,
Picket in support of political opposition in Belarus
article 20.2 § 5 of CAO, fine of RUB 10,000
07/12/2020, Voronezh Regional Court
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
32390/21*
08/06/2021
Yuliya Andreyevna PAVLOVSKAYA
1975Klin, Moscow Region,
23/01/2021,
Picket against air pollution produced by a landfill
article 20.2 § 1 of CAO, fine of RUB 10,000
18/02/2021, Moscow Regional Court
Conviction for holding a public event in breach of COVID-19 restrictions
33052/21*
06/06/2021
Natalya Sergeyevna MAKAROVA
2000Aleksey Valeryevich Vlasov
Tula
Novomoskovsk, Tula Region,
17/08/2020, Support of arrested political activists
article 20.6.1 § 1 of CAO, fine of RUB 5,000
30/11/2020, Tula Regional Court
Conviction for holding a public event in breach of COVID-19 restrictions
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
33388/21*
09/06/2021
Yekaterina Alekseyevna BAZHANOVA
1975Aleksandr Sergeyevich Lokhmutov
Moscow
Moscow,
18/06/2020,
Picket in support of K. Kotov
article 20.6.1 § 1 of CAO, fine of RUB 15,000
10/12/2020, Moscow City Court
Conviction for holding a public event in breach of COVID-19 restrictions
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention for three hours on 18/06/2020 for the sole purpose of drawing up a record of an administrative offence (the record of administrative offence was drawn only on 04/08/2020),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
34973/21*
20/06/2021
Maksim Vladimirovich MAKEYCHIK
1991Anna Yevgenyevna Bochilo
Barnaul
Kaliningrad,
21/08/2020,
Picket in support of A. Navalnyy
article 20.2 § 5 of CAO, fine of RUB 10,000
16/02/2021, Kaliningrad 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
35419/21
22/06/2021
Saule Kabashyevna SHAYNAZAROVA
1963Lawyers of former Memorial Human Rights Centre
Moscow
Moscow,
01/09/2020,
Solo demonstration "to attract attention to socio-political problems"
(the applicant claims she did not take part in that event)
article 20.2 § 5 of CAO,
fine of RUB 10,000
24/12/2020, Moscow City Court
the courts found that the applicant took part in a picket held by two persons
Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 01/09/2020 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 open court the police officers on whose written statements the applicant’s conviction was based
37336/21*
05/07/2021
Nailya Maratovna MULLAYEVA
1995Danil Ilnurovich Nurgaleyev
Kazan
Kazan,
21/08/2020,
Support of A. Navalnyy
article 20.2 § 2 of CAO, fine of RUB 20,000
31/03/2021, Supreme Court of Tatarstan Republic
rotation - event classified as assembly post facto
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 21/08/2020 for the sole purpose of drawing up a record of administrative offence
38542/21*
17/07/2021
Ronald Arkadyevich AYRAPETYAN
1999Aleksandr Vasilyevich Popkov
Sochi
Sochi,
10/11/2020,
Picket against long-lasting presidency of V. Putin
article 20.2 § 2 of CAO, administrative detention of 4 days,
article 19.3 § 1 of CAO, fine of RUB 500
25/01/2021, Krasnodar Regional Court (art. 20.2-2 of CAO)
27/01/2021, Krasnodar Regional Court (art. 19.3 of CAO)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of administrative-offence proceedings,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 11/11/2020 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
38913/21
22/07/2021
Natalya Valentinovna REMIZOVA
1959Lawyers of former Memorial Human Rights Centre
Moscow
Moscow,
30/05/2020,
Support of arrested journalist I. Azar
article 20.2 § 5 of CAO, fine of RUB 10,000
16/02/2021, Moscow City Court
rotation - event classified as assembly post facto
Art. 5 (1) - unlawful deprivation of liberty
- arrest and detention on 30/05/2020 for the sole purpose of drawing up a record of administrative offence (such record compiled on 11/06/2020 only),
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, §§ 48-51,
17 April 2018) - arrest, conviction for participation in a series of solo pickets on 30/05/2020 in a group of no less than 10 participants,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
39359/21
20/07/2021
Sofya Andreyevna ULYASHEVA
1994Varvara Dmitriyevna Mikhaylova
St Petersburg
St Petersburg,
28/05/2020,
Support of arrested journalist I. Azar
article 8.6.1 § 2 of the law of St Petersburg "On administrative offences in St Petersburg" of 31 May 2010, fine of RUB 4,000
21/01/2021, St Petersburg City Court
Conviction for holding a public event in breach of COVID-19 restrictions
Art. 5 (1) - unlawful deprivation of liberty - arrest at 7.40 p.m. on 28/05/2020, escorting to a police station, detention there in excess of three hours 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
13125/22*
17/02/2022
Aleksandra Andreyevna IVANOVA
1993Lawyers of former Memorial Human Rights Centre
Moscow
Moscow,
04/11/2020,
Support of the "Russian March" and drawing attention to alleged ill-treatment in detention of Mr Martsinkevich
article 20.6.1 § 1 of CAO, fine of RUB 15,000
23/08/2021, Moscow City Court
Conviction for holding a public event in breach of COVID-19 restrictions
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention between 4.40 p.m. and 7.00 p.m. on 04/11/2020 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
49818/22*
14/10/2022
Irina Yevgenyevna MUZYKA
1978Anna Tamazovna Kudinova
Colmar
Korolev,
17/04/2022,
Protest against
the war in Ukraine
article 20.3.3 § 1 CAO, fine of RUB 35,000
16/06/2022, Moscow Regional Court
conviction of discreditation of the Russian armed forces
Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to the police station, detention on 17/04/2022 for the sole purpose of drawing up a record of an 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) - 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 commission a linguistic expert examination to establish whether the text on the applicant’s poster ("World without special operation") amounted to discreditation of the Russian armed forces
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