Published on 30 May 2023

SECOND SECTION

Application no. 12896/20 Aleksandr Aleksandrovich SMIRNOV against Russia and 29 other applications

(see list appended)

PROCEDURAL INFORMATION

Following a preliminary examination of the admissibility of the applications on 4 May 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

12896/20

27/02/2020

Aleksandr Aleksandrovich SMIRNOV

1971Vladimir Igorevich Tsvingli

Moskou

Moscow, 10/05/2019

Solo picket in support of Darya Belyaeva

Article 20.2 § 5 of CAO,

administrative fine of RUB 10,000

04/09/2019 Moscow City Court

conviction for covering the face with a scarf during a solo demonstration

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 - impossibility to cross-examine police officers on whose written statements the applicant’s conviction was based

15642/20*

16/03/2020

Vladimir Arkadyevich KHEYFETS

1990Alena Sergeyevna Borisova

Moscow

Moscow, 07/06/2019

Support of journalist

I. Golunov

Article 20.2

§ 6.1 of CAO,

administrative fine of RUB 10,000

Moscow City Court 24/09/2019

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;

Art. 6 (1) – and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine police officers on whose written statements the applicant’s 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, §§ 48-50, 17 April 2018; and Muchnik and Mordovin v. Russia [Committee], nos. 23814/15 and 2707/16, §§ 47-52, 12 February 2019)- arrest, conviction for participation in a series of solo demonstrations held on 07/06/2019 by a group of no less than 80 participants (final judgment issued on 24/09/2019)

29234/20*

29/06/2020

Anna Andreyevna BULBASOVA

2000Mansur Idrisovich Gilmanov

Podolsk

Moscow

31/12/2019 Picket in support of political prisoners

Article 20.2 § 8 of CAO,

administrative fine of RUB 150,000

12/03/2020, Moscow City Court

rotation - event classified as assembly post facto

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 reports the conviction was based;

Art. 5 (1) - unlawful deprivation of liberty - arrest and escort to the police station on 31/12/2019, in excess of three hours, for the sole purpose of drawing up a record of administrative offence (such record complied on 13/01/2020 only); failure to draw up a record of administrative offence (only an escort record was compiled);

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, mutatis mutandis , Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-50, 17 April 2018; and Muchnik and Mordovin v. Russia [Committee], nos. 23814/15 and 2707/16, §§ 47-52, 12 February 2019) - arrest, conviction for participation in a series of solo demonstrations held on 31/12/2019 by a group of 13 participants, final judgment issued on 12/03/2020

36133/20*

03/08/2020

Yuliya Konstantinovna VOLKOVA

1980Aleksandr Yevgenyevich Pomazuyev

Vilnius

Sochi

30/11/2019 Picket in support of medical professionals

Article 20.2 § 2 of CAO,

administrative fine of RUB 20,000

03/02/2020, Krasnodar Regional Court

rotation - event classified as assembly post facto

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 30/11/2019 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

51403/20*

03/11/2020

Nadejda Dmitriyevna SHCHETININA

1995Mansur Idrisovich Gilmanov

Podolsk

Moscow, 02/06/2020 Protest against police brutality in the wake of the murder of

V. Taushankov

Article 20.2 § 5 of CAO

administrative fine of

RUB 10,000

21/09/2020, Moscow City Court

rotation - event classified as assembly post facto

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention there on 02/06/2020 for the sole purpose of drawing up a record of administrative offence (such record compiled on 10/06/2020);

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

Art. 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, §§ 48-50, 17 April 2018; and Muchnik and Mordovin v. Russia [Committee], nos. 23814/15 and 2707/16, §§ 47-52, 12 February 2019)- - arrest, conviction for participation in a series of solo demonstrations held on 02/06/2020 by a group of no less than 12 participants

51977/20*

19/11/2020

Anton Mikhaylovich CHUPRUNOV

1986Aleksey Aleksandrovich Pryanishnikov

Tomsk

Tyumen, 20/06/2020, Protest against constitutional amendments

Article 20.2 § 2 of CAO,

administrative detention of 6 days

02/07/2020, Tyumen Regional Court

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

53786/20*

19/11/2020

Tatyana Yevstegneyeva BESCHETNOVA

1959Andrey Yevgenyevcich Shchukin

Nizhniy Tagil

Yekaterinburg 01/08/2020 in support of

S. Furgal

Article 20.2 § 5 of CAO,

administrative fine of RUB 10,000

28/10/2020 Sverdlovsk Regional Court

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention there on 07/08/2020, in excess of three hours, for the sole purpose of drawing up an administrative offence record

2017/21

02/12/2020

Oleg Igorevich KALININ

1992Moscow, 14/03/2020, Protest against police brutality

Article 20.2 § 8 of CAO, administrative detention of 15 days

04/06/2020, Moscow City Court

rotation - event classified as assembly post facto

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 14/03/2020 in excess of three hours, for the sole purpose of drawing up a record of administrative offence (such record only compiled on 20/03/2020);

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 open court police officer on whose written statements the applicant’s 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, §§ 48-50, 17 April 2018; and Muchnik and Mordovin v. Russia [Committee], nos. 23814/15 and 2707/16, §§ 47-52, 12 February 2019) - arrest, conviction for participation in a series of solo demonstrations held by no less than

60 participants on a rotation basis of 14/03/2020 (final judgment issued on 04/06/2020)

10439/21*

18/01/2021

Vladilen Petrovich YURYEV

1937Dmitriy Vladimirovich Zubarev

Vladivostok

Vladivostok, 15/08/2020, Support of

S. Furgal

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

16/11/2020, Primorye Regional Court

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 proceedings;

Art. 11 (1) - disproportionate measures against organisers and participants of public assemblies –

(i) alternatively to Article 10 issue (see, mutatis mutandis , Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-50, 17 April 2018; and Muchnik and Mordovin v. Russia [Committee], nos. 23814/15 and 2707/16, §§ 47-52, 12 February 2019) - conviction under Article 20.2-5 of the CAO in a picket in support of S. Furgal, which the courts assessed post facto as a group picket held by no less than 30 participants, fine of RUB 10,000 (final judgment of 16/11/2020, Primorskiy Regional Court); and

(ii) conviction for participation in a rally in support of S. Furgal held on 01/08/2020, article 20.2 § 5 of the CAO, administrative fine of RUB 10,000 (final judgment of 24/11/2020, Primorye Regional Court).

11132/21*

01/02/2021

Yekaterina Sergeyevna SELEZNEVA

1981Moscow, 31/05/2020, Protest against use of force against lawyers in Kabardino-Balkaria and other regions

Article 20.2 § 5 of CAO, administrative fine of

RUB 10,000

14/10/2020, Moscow City Court

rotation - event classified as assembly post facto

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 31/05/2020, 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;

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - convicted twice for participation in one public event and on account of the same facts - second conviction: Art. 3.18.4 § 2 of the Code of Administrative Offences of Moscow - breach of the COVID-19 related restrictions, administrative fine of RUB 4,000, final judgment issued on12/03/2021 by the Moscow City Court.

13359/21*

10/02/2021

Elvira Mikhaylovna BUTAKOVA

1961Danil Ilnurovich Nurgaleyev

Kazan

Kazan, 21/08/2020, Support of

A. Navalnyy

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

23/09/2020, Supreme Court of the Tatarstan Republic

rotation - event classified as assembly post facto

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention on 21/08/2020 in excess of three hours for the sole purpose of drawing a record of administrative offence

13363/21*

10/02/2021

Dmitriy Glebovich BLYUM

1992Danil Ilnurovich Nurgaleyev

Kazan

Kazan

21/08/2020 Support of

A. Navalnyy

Article 20.2 § 5 of CAO, community service of 30 hours

30/09/2020, Supreme Court of the Republic of Tatarstan

rotation - event classified as assembly post facto

Art. 5 (1) - unlawful deprivation of liberty - arrest at 3 p.m., transfer to a police station and detention between 3.15 p.m. and 8.45 p.m. on 21/08/2020, in excess of three hours, for the sole purpose of drawing up a record of administrative offence.

16046/21*

05/03/2021

Ibragim Abukarovich BARAKHOYEV

1963Memorial Human Rights Centre

Moscow

Moscow 11/05/2020 Drawing attention to the applicant’s poor social and economic situation

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

Moscow City Court, 18/01/2021

ban on public events at certain locations - Red Square, Moscow

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 11/05/2020 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.

20103/21*

23/03/2021

Oksana Viktorovna KLOCHKOVA

1992Memorial Human Rights Centre

Moscow

Moscow, 21/08/2020, Support of

A. Navalnyy

Article 20.2 § 5 of CAO,

administrative fine of RUB 15,000

16/02/2021, Moscow City Court

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 (such record compiled on 28/08/2020);

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 the police officers on whose written statements 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, §§ 48-50, 17 April 2018; and Muchnik and Mordovin v. Russia [Committee], nos. 23814/15 and 2707/16, §§ 47-52, 12 February 2019) - arrest, conviction for participation in a series of solo demonstrations held on 21/08/2020 by a group of no less than 20 participants

20125/21*

23/03/2021

Gavit Gavitovich MUKANALIYEV

1988Memorial Human Rights Centre

Moscow

Tver,

15/08/2020, Support of activist

A. Vazhenkov

Article 19.3 § 1 of CAO, administrative fine of

RUB 800

14/10/2020, Tver Regional Court

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 15/08/2020 for the sole purpose of drawing up a record of administrative offence (as confirmed by evidence and raised on appeal);

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

22643/21*

09/04/2021

Anna Andreyevna SHCHETNIKOVA

1999Mansur Idrisovich Gilmanov

Podolsk

Moscow

27/06/2020 Support of activist

Yu. Tsvetkova

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

10/11/2020, Moscow City Court

rotation - event classified as assembly post facto

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 27/06/2020 in excess of three hours for the sole purpose of drawing a record of administrative offence (such record compiled on 14/07/2020 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 cross-examine in open court police officer on whose written statements the applicant’s 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, §§ 48-50, 17 April 2018; and Muchnik and Mordovin v. Russia [Committee], nos. 23814/15 and 2707/16, §§ 47-52, 12 February 2019) - arrest, conviction for participation in a series of solo demonstrations held on a rotation basis of 27/06/2020.

25041/21

25/04/2021

Ivan Aleksandrovich BABKIN

2020Mariya Olegovna Eysmont

Moscow

Moscow, 02/06/2020, Protest against police brutality

Article 20.2 § 5 of CAO, administrative fine of RUB 20,000

26/10/2020, Moscow City Court

rotation - event classified as assembly post facto

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 02/06/2020 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) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the open court the police officers on whose written statements the applicant’s conviction was based (the police officer did not appear, although the trial court summoned him);

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, §§ 48-50, 17 April 2018; and Muchnik and Mordovin v. Russia [Committee], nos. 23814/15 and 2707/16, §§ 47-52, 12 February 2019) - arrest, conviction for participation in a series of solo demonstrations held on 02/06/2020 by a group of no less than 30 participants

25263/21

25/04/2021

Kseniya Valeryevna LOGINOVA

1984Mariya Olegovna Eysmont

Moscow

Moscow, 02/06/2020, Protest against police brutality

Article 20.2 § 5 of CAO, administrative fine of RUB 20,000

26/10/2020, Moscow City Court

rotation - event classified as assembly post facto

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 02/06/2020 for the sole purpose of drawing up a record of administrative offence (such record only compiled on 16/06/2020);

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

Art. 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, §§ 48-50, 17 April 2018; and Muchnik and Mordovin v. Russia [Committee], nos. 23814/15 and 2707/16, §§ 47-52, 12 February 2019) - arrest, conviction for participation in a series of solo demonstrations held on 02/06/2020 by a group of no less than 30 participants;

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

25266/21

25/04/2021

Roza Kirillovna POZDNYAKOVA

Mariya Olegovna Eysmont

Moscow

Moscow, 02/06/2020, Protest against police brutality

Article 20.2 § 5 of CAO, administrative fine of RUB 20,000

26/10/2021 Moscow City Court

rotation - event classified as assembly post facto

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 02/06/2020 for the sole purpose of drawing up a record of administrative offence (such record only compiled on 16/06/2020);

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 police officers on whose written 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, §§ 48-50, 17 April 2018; and Muchnik and Mordovin v. Russia [Committee], nos. 23814/15 and 2707/16, §§ 47-52, 12 February 2019)- arrest, conviction for participation in a series of solo demonstrations held on 02/06/2020 by a group of no less than 30 participants

26276/21*

30/04/2021

Sergey Petrovich PRONYUSHKIN

1969Aleksandr Dmitriyevich Peredruk

St Petersburg

Samara, 15/08/2020, Picket in support of Khabarovsk protesters and against the politics of

V. Putin

Article 20.2 § 8 of CAO, community service of 150 hours

03/11/2020 Samara Regional Court

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 22/08/2020 for the sole purpose of drawing a record of administrative offence

26343/21

04/05/2021

Nikolay Vladimirovich ULITIN

1972Roman Yevgenyevich Kachanov

Yekaterinburg

Yekaterinburg, 01/08/2020, Support of

S. Furgal

Article 20.2 § 5 of CAO,

administrative fine of RUB 10,000

05/11/2020 Sverdlovsk Regional Court

the applicant’s use of his car as a support for two posters considered as a solo demonstration using a "quickly (de)assembled object"

26569/21*

09/05/2021

Yefrosinya Aleksandrovna ROMANOVA

2021Mansur Idrisovich Gilmanov

Podolsk

Moscow, 27/06/2020, Support of activist Yu.Tsvetkova

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

10/11/2020, Moscow City Court

rotation - event classified as assembly post facto

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 27/06/2020 in excess of three hours for the sole purpose of drawing up a record of administrative offence (such record drawn up on 13/07/2020);

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 open court police officers on whose written statements the applicant’s 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, §§ 48-50, 17 April 2018; and Muchnik and Mordovin v. Russia [Committee], nos. 23814/15 and 2707/16, §§ 47-52, 12 February 2019) - arrest, conviction for participation in a series of solo demonstrations held on a rotation basis of 27/06/2020 by no less than 50 participants characterised as assembly post facto

30213/21

11/05/2021

Andrey Mikhaylovich SKULTETSKIY

1997Anna Yevgenyevna Bochilo

Barnaul

Barnaul, 19/01/2021, Support of

A. Navalnyy

Article 20.2 § 2 of CAO, administrative detention of 10 days

02/02/2021, Altay Regional Court

rotation - event classified as assembly post facto

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention between 23/01/2021 and 25/01/2021 for the sole purpose of drawing up a record of administrative offence (such record was compiled already on 23/01/2021), no evidence / assessment of any "exceptional circumstances" under the CAO;

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

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - lack of suspensive effect of an appeal against the sentence of administrative detention (final judgment: 02/02/2021)

31258/21*

01/06/2021

Aleksandr Vladimirovich SYSOYEV

1980Tambov, 20/08/2020, Support of

A. Navalnyy

Article 20.2 § 5 of CAO

and

Article 20.6.1

§ 1 of the CAO, administrative fine of RUB 10,000

09/12/2020 Tambov Regional Court

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

31469/21*

26/05/2021

Yan Vladimirovich SIDORENKO

1992Daniil Alekseyevich Polyakov

Voronezh

Voronezh, 25/07/2020

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

Voronezh Region Court, 26/11/2020

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 25/07/2020 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

31647/21*

29/05/2021

Ilya Valeryevich LYUBIMOV

1993Varvara 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" of

31 May 2010,

a warning

30/11/2020, Kalininskiy District Court of St Petersburg

COVID-related ban on public events

Art. 5 (1) - unlawful deprivation of liberty - arrest at 6.40 p.m. at the latest, delayed escorting to a police station (9.20 p.m.), detention there on 28/05/2020 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

31691/21*

12/05/2021

Nadezhda Mikhaylovna ZHUYKOVA

1965Aleksandr Dmitriyevich Peredruk

St Petersburg

Moscow

30/05/2020, Support of arrested journalist I. Azar

Article 20.2 § 5 of CAO,

administrative fine of RUB 12,000

26/11/2020, Moscow City Court

rotation - event classified as assembly post facto

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention on 30/05/2020 for the sole purpose of drawing up s record of administrative offence (such record compiled on 10/06/2020 only);

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

Art. 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, §§ 48-50, 17 April 2018; and Muchnik and Mordovin v. Russia [Committee], nos. 23814/15 and 2707/16, §§ 47-52, 12 February 2019) - arrest, conviction for participation in a series of solo pickets on 30/05/2020 in a group of no less than 10 participants

32184/21*

11/06/2021

Grigoriy Nikolayevich SOKOLOV

1995Memorial Human Rights Centre

Moscow

Blagoveshchensk, 23/01/2021, Support of S. Furgal and political prisoners in Russia

Article 20.2 § 5 of CAO,

administrative fine of

RUB 10,000;

Article 20.6.1 § 1 of CAO, administrative fine of RUB 2,000

Amur Regional Court, 02/04/2021 (conviction under

Article 20.2 § 5 of the CAO)

Amur Regional Court, 02/04/2021 (conviction under

Article 20.6.1 § 1 of the CAO)

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention on 23/01/2021 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;

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, §§ 48-50, 17 April 2018; and Muchnik and Mordovin v. Russia [Committee], nos. 23814/15 and 2707/16, §§ 47-52, 12 February 2019) - discontinuation of the event, the applicant’s arrest and conviction for participation in picketing on 23/01/2021, two final judgments issued on 02/04/2021,

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - conviction for the same event under Article 20.2 § 5 of CAO and Article 20.6.1 § 1 of CAO

24511/22*

22/04/2022

Damir Tabrisovich SHINGAREYEV

1957Yekaterinburg, 24/02/2022 "before 5 p.m." (as established by the courts), protest against the war in Ukraine

Article 20.2 § 2 of CAO, administrative detention of 10 days

05/03/2022, Sverdlovsk Regional Court

rotation - event classified as assembly post facto

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention between 8 p.m. on 24/02/2022 and

1.20 a.m. 26/02/2022 as administrative suspect;

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 proceedings;

Art. 11 (1) - disproportionate measures against organisers and participants of public assemblies - conviction under

Article 20.2 § 5 of CAO for participation in a demonstration against the war in Ukraine "between 6 p.m. and 7 p.m." on 24/02/2022, administrative fine of RUB 15,000, final judgment issued by the Sverdlovsk Regional Court on 25/05/2022;

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - detention imposed on the applicant on 26/02/2022 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO

2641/23

27/11/2022

Aleksandr Valeryevich KUPRIYANOV

1986Krasnoyarsk, 01/05/2022,

Protest against the war in Ukraine

Article 20.6.1 § 1 of CAO,

a warning

Krasnoyarsk Regional Court, 27/07/2022

conviction for a breach of the COVID-related ban on public events

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention there on 01/05/2022 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