Published on 30 May 2023

SECOND SECTION

Application no. 2829/18 Andrey Vladimirovich BOYARSHINOV against Russia and 14 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 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

2829/18*

26/12/2017

Andrey Vladimirovich BOYARSHINOV

1984Anti-corruption manifestation

Kazan

14/05/2017

Anti-corruption manifestation in support to Mr Navalnyy

Kazan

08/07/2017

Anti-corruption manifestation

Kazan

05/05/2018

Article 20.2 § 5 of CAO

Article 20.2 § 8 of CAO

Article 20.2 § 8 of CAO

community service of

35 hours

administrative detention of

15 days

administrative detention of

20 days

Supreme Court of the Tatarstan Republic 21/06/2017 (adopted in the applicant’s absence and received on 26/06/2017)

Supreme Court of the Tatarstan Republic

03/08/2017

Supreme Court of the Tatarstan Republic

25/05/2018

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”: - from 3.00 p.m. on 18/05/2018 to 10.40 a.m. on 19/05/2018 (the hearings on the applicant’s administrative-offence case), - from 9.25 p.m. on 08/09/2018 to 09/09/2018 (the hearings on the applicant’s administrative-offence case) (see Butkevich v. Russia , no. 5865/07, §§ 63-65, 13 February 2018, Tsvetkova and Others v. Russia , nos. 54381/08 and 5 others, §§ 121-23, 10 April 2018, and Korneyeva v. Russia , no. 72051/17, §§ 34-36, 8 October 2019);

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings noted in column no. 8 (see Karelin v. Russia , no. 926/08, §§ 69-84, 20 September 2016);

Art. 10 (1) - disproportionate measures against solo demonstrators - On 01/08/2020 the applicant participated in a solo demonstration to support S.Furgal. He was arrested, convicted under Article 20.2 § 2 of CAO and sentenced to 7 days of administrative detention. The final decision of the Supreme Court of the Tatarstan Republic - 20/08/2020 (see Novikova and Others v. Russia , nos. 25501/07 and 4 others, §§ 106-215, 26 April 2016);

Art. 10 (1) - conviction for making calls to participate in public events - Two counts:

1) On 08/09/2018 the applicant was arrested in his flat for publishing a post in Vkontakte calling to participate in a rally against the pension reform. He was convicted under art. 20.2 § 8 of CAO and sentenced to 15 days of administrative detention. The final decision of the Supreme Court of the Tatarstan Republic - 18/09/2018.

2) On 20/04/2021 the applicant was arrested in his flat for publishing a post in Vkontakte calling to participate in a rally to support A. Navalnyy. He was convicted under art; 20.2 § 8 of CAO and sentenced to 20 days of administrative detention. The final decision of the Supreme Court of the Tatarstan Republic - 05/05/2021 (see Elvira Dmitriyeva v. Russia , nos. 60921/17 and 7202/18, §§ 74-90, 30 April 2019).

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal. Three counts: the sentences of administrative detention imposed on the applicant by the court of first instance following the events of 05/05/2018, 08/09/2018 and 19/08/2020 were executed immediately, on account of the lack of suspensive effect of an appeal under the CAO (see Tsvetkova and Others , cited above, §§ 179-191; Martynyuk v. Russia , no. 13764/15, §§ 38-42, 8 October 2019);

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - The applicant was convicted twice for his participation in the same non-notified public event on 14/05/2017: under art. 19.3 § 1 of CAO (administrative detention of 12 days, last final decision of 06/06/2017) and under Art. 20.2 § 5 of CAO (community service of 35 hours, last final decision received on 26/06/2017) (see Korneyeva , cited above, §§ 47-65)

2933/18*

25/12/2017

Sergey Aleksandrovich STREMIDLO

1979Konstantin Ilyich Terekhov

Moscow

Anti-corruption manifestation

St Petersburg

12/06/2017

Article 20.2

§ 5 of CAO

fine of

RUB 10,000

St Petersburg City Court

13/07/2017

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

Cited above, §§ 69-84);

Art. 6 (1) and (3) (d) - unfair trial in view of the impossibility to question in open court the police officers who had arrested the applicant and on whose statements the applicant’s conviction was based (see Frumkin v. Russia , no. 74568/12, § 153-68, 5 January 2016)

3569/18*

20/12/2017

Diana Anatolyevna KARIMOVA

1996Konstantin Ilyich Terekhov

Moscow

Anti-corruption manifestation

St Petersburg

12/06/2017

Article 19.3 § 1 of CAO and

Article 20.2 § 5 of CAO

administrative detention of

5 days and

fine of RUB 10,000

St Petersburg City Court,

20/06/2017 and

18/07/2017

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in respect of both sets of the administrative offence proceedings (see Karelin , Cited above, §§ 69-84);

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant on 13/06/2017 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO (see Tsvetkova and Others , §§ 179-191; Martynyuk , §§ 38-42, both cited above)

18385/18*

01/12/2017

Yelena Yuryevna BLINOVA

1978Pavel Valeryevich Romanov

Cheboksary

Opposition manifestation

Cheboksary

16/04/2017

Opposition rally

Cheboksary

29/10/2017

Article 20.2 § 2 of CAO

Article 20.2 § 8 of CAO

fine of

RUB 10,000 (charges requalified on appeal to Article 20.2

§ 1 of CAO)

fine of

RUB 200,000

Supreme Court of the Chuvashia Republic

01/06/2017

Supreme Court of the Chuvashia Republic

12/12/2017

29300/18*

11/06/2018

Irina Ivanovna LYASHCHENKO

1960Konstantin Ilyich Terekhov

Moscow

Manifestation in support of Mr Navalnyy

Berezniki, Perm Region

07/10/2017

Article 20.2 § 5 of CAO

community service of

24 hours

Perm Regional Court

28/12/2017

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings (see Karelin , cited above, §§ 69-84)

29304/18*

11/06/2018

Roman Aleksandrovich KOROTAYEV

1978Konstantin Ilyich Terekhov

Moscow

Manifestation in support of Mr Navalniy

Berezniki, Perm Region

07/10/2017

Article 20.2 § 5 of CAO

30 hours of community works

Perm Regional Court

26/12/2017

29495/18*

09/06/2018

Irina Stepanovna NORMAN

1993Ivan Yuryevich Zhdanov

Vilnius

Manifestation in support of Mr Navalnyy

Yekaterinburg

07/10/2017

Article 20.2 § 5 of CAO

fine of

RUB 10,000

Sverdlovsk Regional Court

12/12/2017

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings (see Karelin , cited above, §§ 69-84);

Art. 8 (1) - unlawful search in the applicant’s apartment on 21/04/2021 (authorised post factum on 22/04/2021 by the Leninskiy District Court of Yekaterinburg, appeal dismissed on 26/08/2021 by the Sverdlovsk Regional Court). No sufficient reasons for the search (the ground invoked was that the applicant could be Mr Navalnyy’s supporter), broad wording of the search warrant, stereotyped reasoning (see Kruglov and Others v. Russia , nos. 11264/04 and 15 others, 4 February 2020)

39063/18*

07/08/2018

Olga Andreyevna IVANOVA

1965Ivan Yuryevich Zhdanov

Vilnius

Manifestation in support of Mr Navalnyy’s candidacy for the 2018 presidential election

Volgograd

28/01/2018

Article 20.2 § 5 of CAO

fine of

RUB 10,000

Volgograd Regional Court

07/02/2018

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances” from 3.10 p.m. on 28/01/2018 to the beginning of the hearings on the applicant’s administrative-offence case (see Butkevich , §§ 63-65, Tsvetkova and Others , §§ 121-23, and Korneyeva , §§ 34-36, all cited above)

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings (see Karelin , cited above, §§ 69-84)

41987/18*

30/07/2018

Aleksandr Yevgenyevich BOLDYREV

1968Ilya Vladimirovich Sivoldayev

Moscow

Manifestation against constitutional amendments

Voronezh

01/08/2020

Manifestation in support of Belarus

Voronezh

24/10/2020

Opposition manifestation related to journalists’ killings

Voronezh

07/10/2017

Article 20.2 § 1 of CAO

Article 20.2 § 5 of CAO

Article 20.2 § 5 of CAO

fine

RUB 20,000

fine of

RUB 20,000

fine of

RUB 10,000

Voronezh Regional Court

19/11/2020

Voronezh Regional Court

28/05/2021

Voronezh Regional Court

30/01/2018

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 6.00 p.m. on 28/01/2021 to 29/01/2021 (when the applicant’s trial on the administrative offence related to his calls to participate in an unauthorised public event started) (see Butkevich , §§ 63-65, Tsvetkova and Others , §§ 121-23, and Korneyeva , §§ 34-36, all cited above);

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in 4 sets of the administrative-offence proceedings: final decisions of the Voronezh Regional Court of 30/01/2018, 19/11/2020, 04/02/2021 and 28/05/2021 (see Karelin , cited above, §§ 69-84);

Art. 6 (1) and (3) (d) - unfair trial in view of the impossibility to question in open court the police officers who had arrested the applicant and on whose statements the applicant’s conviction was based (see Frumkin , cited above,

§ 153-68);

Art. 10 (1) - conviction for making calls to participate in public events - article 20.2 § 8 of CAO, administrative detention of 7 days, Voronezh Regional Court 04/02/2021 (see Elvira Dmitriyeva , cited above, §§ 74-90);

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal – The sentence of administrative detention imposed on the applicant by the court of first instance under article 20.2 § 8 of CAO (see above) was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO (see Tsvetkova and Others , §§ 179-191; Martynyuk , §§ 38-42,

both cited above)

45043/18*

12/09/2018

Andrey Grigoryevich IRINARKHOV

1986Ivan Yuryevich Zhdanov

Vilnius

Manifestation in support to Mr Navalnyy as candidate for the 2018 presidential election

Ufa

28/01/2018

Article 20.2 § 5 of CAO

fine of

RUB 10,000

Supreme Court of the Bashkortostan Republic

14/03/2018

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings (see Karelin , cited above, §§ 69-84);

Art. 6 (1) and (3) (d) - unfair trial in view of the impossibility to question in open court the police officers who had arrested the applicant and on whose statements the applicant’s conviction was based (see Frumkin , cited above,

§ 153-68)

45228/18*

18/09/2018

Irina Alekseyevna ZENINA

1952Irina Vladimirovna Gak

Rostov-on-Don

Manifestation in support of Mr Navalnyy

Rostov-on-Don

24/12/2017

Manifestation in support of Mr Navalnyy

Rostov-on-Don

31/01/2021

Article 20.2 § 6.1 of CAO

Article 20.2 § 6.1 of CAO

fine of

RUB 15,000

fine of

RUB 10,000

Rostov Regional Court

20/03/2018

Rostov Regional Court

17/03/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 12.30 p.m. to 6.30 p.m. (when the applicant’s trial on the administrative offence started) on 31/01/2021 (see Butkevich , §§ 63-65, Tsvetkova and Others , §§ 121-23, and Korneyeva , §§ 34-36, all cited above);

Art. 6 (1) - lack of impartiality of tribunal - lack of the prosecuting party in both sets of the administrative-offence proceedings (see Karelin , cited above,

§§ 69-84);

Art. 6 (1) and (3) (d) - unfair trial in view of restrictions on the right to examine as witnesses the police officers who arrested the applicant as regards the events of 31/01/2021 (see Frumkin , cited above, § 153-68).

46156/18*

21/09/2018

Roman Sergeyevich SHCHERBAKOV

1988Ivan Yuryevich Zhdanov

Vilnius

Manifestation in support of Mr Navalnyy as candidate for the 2018 presidential election

Tula

28/01/2018

Manifestation in support of Mr Navalnyy

Tula

23/01/2021

Article 20.2 § 5 of CAO

Article 20.2 § 5 of CAO

fine of

RUB 10,000

fine of

RUB 10,000

Tula Regional Court

22/03/2018

Tula Regional Court

22/06/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”:

- from 02.05 p.m. to 07.00 p.m. on 28/01/2018 (the time indicated by the police officers was at variance with the real applicant’s time of deprivation of liberty),

- from 02.40 p.m. to 07.00 p.m. on 23/01/2021(see Butkevich , §§ 63-65, Tsvetkova and Others , §§ 121-23, and Korneyeva , §§ 34-36, all cited above);

Art. 6 (1) - in respect of both sets of the administrative offence proceedings: lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings (see Karelin , cited above, §§ 69-84);

Art. 6 (1) and (3) (d) - in respect of both sets of the administrative offence cases: unfair trial in view of restrictions on the right to examine as witnesses the police officers on whose written statements the applicant’s convictions were based (see Frumkin , cited above, § 153-68)

50044/18*

10/10/2018

Yekaterina Andreyevna YANSHINA

1996Ivan Yuryevich Zhdanov

Vilnius

Manifestation against

Mr Putin’s

re-election as President

Voronezh

05/05/2018

Article 20.2 § 5 of CAO

Article 19.3 § 1 of CAO

fine of

RUB 5,000

administrative detention of

2 days

Voronezh Regional Court, 04/06/2018 and

04/07/2018

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of

3 hours and without “exceptional circumstances”, from 6.30 p.m. on 05/05/2018 to 06/05/2018 (when the applicant’s trial under art. 20.2 § 5 of CAO started) (see Butkevich , §§ 63-65, Tsvetkova and Others , §§ 121-23, and Korneyeva , §§ 34-36, all cited above);

Art. 6 (1) - in respect of both sets of proceedings: lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings (see Karelin , cited above, §§ 69-84);

Art. 6 (1) and (3) (d) - unfair trial in view of the impossibility to question in open court the police officers who had arrested the applicant and on whose statements the applicant’s convictions were based (see Frumkin , cited above,

§ 153-68);

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - The applicant was convicted twice for her participating in the same public event: under Art. 19.3 § 1 CAO (appeal on 04/07/2018, 2 days of detention), and under Art. 20.2 § 5 CAO (appeal on 04/06/2018, fine of RUB 5,000) (see Korneyeva , cited above, §§ 47-65)

50047/18*

10/10/2018

Pavel Anatolyevich POTASHOV

1998Ivan Yuryevich Zhdanov

Vilnius

Manifestation against

Mr Putin’s

re-election as President

Voronezh

05/05/2018

Article 20.2 § 5 of CAO

fine of

RUB 10,000

Voronezh Regional Court

14/06/2018

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings (see Karelin , cited above, §§ 69-84);

Art. 6 (1) and (3) (d) – unfair trial in view of the impossibility to question in open court the police officers who had arrested the applicant and on whose statements the applicant’s conviction was based (see Frumkin , cited above,

§ 153-68)

54306/18*

09/11/2018

Ivan Aleksandrovich SILAYEV

1978Damir Ravilevich Gaynutdinov

Kazan

Manifestation against

Mr Putin’s

re-election as President

St Petersburg

05/05/2018

Article 20.2 § 5 of CAO

Article 19.3 § 1 of CAO

fine of

RUB 15,000 and administrative detention of

6 days

St Petersburg City Court 24/05/2018

and 10/05/2018

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of

3 hours and without “exceptional circumstances”, from 4.00 p.m. on 05/05/18 to 09.00 a.m. on 06/05/2018 (when the applicant’s trial on the administrative offence started) (see Butkevich , §§ 63-65, Tsvetkova and Others , §§ 121-23, and Korneyeva , §§ 34-36, all cited above);

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

§§ 69-84)

Art. 6 (1) and (3) (d) - in respect of both sets of the administrative offence proceedings: unfair trial in view of the impossibility to question in open court the police officers who had arrested the applicant and on whose statements the applicant’s convictions were based (see Frumkin , cited above, § 153-68);

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant by the court of first instance was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO (see Tsvetkova and Others , §§ 179-191; Martynyuk , §§ 38-42, both cited above);

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - The applicant was convicted twice for participation in the same public event: under Art. 19.3 § 1 CAO (appeal on 10/05/2018, 6 days of detention) and under Art. 20.2 § 5 CAO (appeal on 24/05/2018, fine of RUB 15,000) (see Korneyeva , cited above, §§ 47-65)