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OBLASOVA v. RUSSIA and 27 other applications

Doc ref: 23295/21 • ECHR ID: 001-226115

Document date: June 29, 2023

  • Inbound citations: 0
  • Cited paragraphs: 0
  • Outbound citations: 0

OBLASOVA v. RUSSIA and 27 other applications

Doc ref: 23295/21 • ECHR ID: 001-226115

Document date: June 29, 2023

Cited paragraphs only

Published on 24 July 2023

FIRST SECTION

Application no. 23295/21 Tatyana Yuryevna OBLASOVA against Russia and 27 other applications

(see list appended)

PROCEDURAL INFORMATION

Following a preliminary examination of the admissibility of the applications on 29 June 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

23295/21*

14/04/2021

Tatyana Yuryevna OBLASOVA

1972Aleksandr Yevgenyevich Pomazuyev

Vilnius

Rally in support of A. Navalnyy

Kurgan

31/01/2021

article 20.2 § 5 of CAO

fine of

RUB 10,000

Kurgan Regional Court

15/03/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 31/01/2021 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

23489/21*

12/04/2021

Igor Yevgenyevich PROKOPYEV

1997Aleksandr Yevgenyevich Pomazuyev

Vilnius

Rally in support of A. Navalnyy

Kurgan

23/01/2021

article 20.2 § 5 of CAO

fine of

RUB 20,000

Kurgan Regional Court

16/03/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention on 23/01/2021 for the sole purpose of drawing up a record of administrative offence; failure to draw up the escort record;

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

23817/21*

14/04/2021

Vladimir Sergeyevich SAVICHEV

2002Aleksandr Yevgenyevich Pomazuyev

Vilnius

Rally in support of

A. Navalnyy

Balakovo, Saratov Region

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 20,000

Saratov Region Court

19/03/2021

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

23866/21*

20/04/2021

Aleksandr Vyacheslavovich FADEYEV

1987Andrey Yevgenyevcich Shchukin

Nizhniy Tagil

Rally in support of political prisoners

Yekaterinburg

31/01/2021

article 20.2 § 5 of CAO

community work of 30 hours

Sverdlovsk Regional Court

31/03/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention on 31/01/2021 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

24155/21*

16/04/2021

Denis Sergeyevich BASKOVSKIY

1991Memorial Human Rights Centre

Moscow

Rally in support of A. Navalnyy

Moscow

02/02/2021

article 20.2

§ 6.1 of CAO

administrative detention for

12 days

Moscow City Court

08/02/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention between 02/02/2021 and 03/02/2021 as an administrative suspect;

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 - the sentence of administrative detention imposed on the applicant on 03/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO

24179/21*

16/04/2021

Kenenbek ARZYMATOV

1994Memorial Human Rights Centre

Moscow

Rally in support of A. Navalnyy

Moscow

02/02/2021

article 20.2

§ 6.1 of CAO

administrative detention of

10 days

Moscow City Court

05/02/2021

Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention from 02/02/2021 to 04/02/2021 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;

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, including video recordings, in defence of the applicant’s version of events on an equal footing with the prosecution

24724/21*

29/03/2021

Yekaterina Borisovna GRITSAYENKO

1975Aleksandra Nikolayevna Bayeva

Moscow

Rally in support of A. Navalnyy

Rostov-on-Don

23/01/2021

article 20.2

§ 6.1 of CAO

administrative detention of

10 days

Rostov Regional Court

02/02/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 29/01/2021 for the sole purpose of drawing up a record of administrative offence in respect of the participation in the rally of 23/01/2021 and then bring him before a court;

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 - the sentence of administrative detention imposed on the applicant on 29/01/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO

24725/21*

29/03/2021

Nikolay Nikolayevich KOMAROV

1983Memorial Human Rights Centre

Moscow

Rally in support of A. Navalnyy

Moscow

31/01/2021

article 20.2

§ 6.1 of CAO

administrative detention of

4 days

Moscow City Court

04/02/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention between 31/01/2021 and 01/02/2021 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;

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;

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 01/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO

24726/21*

29/03/2021

Oleg Dmitriyevich KALACHEV

1988Memorial Human Rights Centre

Moscow

Rally in support of A. Navalnyy

Moscow

31/01/2021

article 20.2

§ 6.1 of CAO

administrative detention of

12 days

Moscow City Court

09/02/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention between 31/01/2021 and 01/02/2021 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;

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;

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 01/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO

25935/21*

27/04/2021

Aleksey Vitalyevich MARTYNOV

1988Memorial Human Rights Centre

Moscow

Rally in support of A. Navalnyy

Moscow

31/01/2021

article 20.2

§ 6.1 of CAO

administrative detention of

10 days

Moscow City Court

05/02/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 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;

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 01/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO

26872/21

17/05/2021

Nastasya Igorevna FILYAYEVA

1992Memorial Human Rights Centre

Moscow

Rally in support of A. Navalnyy

Moscow

02/02/2021

article 20.2

§ 6.1 of CAO

administrative detention of

10 days

Moscow City Court

05/02/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention on 03/02/2021 for more than 3 hours 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;

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 conviction was based;

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 03/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO

26899/21*

17/05/2021

Yelena Artemovna KITAYEVA

1999Memorial Human Rights Centre

Moscow

Rally in support of A. Navalnyy

Moscow

02/02/2021

article 20.2

§ 6.1 of CAO

administrative detention of

12 days

Moscow City Court

09/02/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention from 02/02/2021 to 03/02/2021 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;

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;

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 03/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO

26911/21*

17/05/2021

Oleg Yuryevich GRYAZNOV

1999Memorial Human Rights Centre

Moscow

Rally in support of A. Navalnyy

Moscow

31/01/2021

article 20.2

§ 6.1 of CAO

administrative detention of

15 days

Moscow City Court

08/02/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention between 31/01/2021 and 01/02/2021 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;

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 01/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO

26929/21

17/05/2021

Vadim Viktorovich BULATOV

1979Memorial Human Rights Centre

Moscow

Rally in support of A. Navalnyy

Moscow

23/01/2021

article 20.2 § 5 of CAO

fine of

RUB 15,000

Moscow City Court

06/04/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention on 23/01/2021 for more than 3 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. 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 and to submit evidence, including video recordings, in defence of the applicant’s version of events on an equal footing with the prosecution.

26943/21

17/05/2021

Samvel Valeryevich MNATSAKANYAN

1990Memorial Human Rights Centre

Moscow

Rally in support of Alexey Navalnyy

Moscow

31/01/2021

article 20.2

§ 6.1 of CAO

administrative detention for

6 days

Moscow City Court

08/04/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 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;

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 conviction was based, as well as to obtain video footage from those officers’ cameras;

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant on 01/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO

27811/21*

28/04/2021

Anzhelika Yuryevna YAROVAYA

1994Rally in support of

A. Navalnyy

Belgorod

31/01/2021

article 20.2 § 5 of CAO

fine of

RUB 10,000

Belgorod Regional Court

15/03/2021

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

28125/21*

23/04/2021

Sergey Vasilyevich OSTROUKHOV

1957Rally in support of A. Navalnyy

Kaluga

31/01/2021

article 20.2.2

§ 1 of CAO

administrative detention of

5 days

Kaluga Regional Court

19/02/2021

32935/21

01/06/2021

Yelena Mikhaylovna KADETOVA

1964Vladimir Valeryevich Vasin

Krasnoyarsk

Rally in support of Khabarovsk

Krasnoyarsk

25/07/2020

article 20.2 § 5 of CAO

fine of

RUB 10,000

Krasnoyarsk Regional Court

17/12/2020

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

33047/21*

09/06/2021

Semen Andreyevich KALININ

1998Andrey Yevgenyevich Shchukin

Nizhniy Tagil

Rally in support of Alexey Navalnyy

Yekaterinburg

31/01/2021

article 20.2 § 5 of CAO

community work of 30 hours

Sverdlovsk Regional Court

07/04/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention on 31/01/2021 for more than 3 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;

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 and to submit evidence, including video recordings, in defence of the applicant’s version of events on an equal footing with the prosecution

33779/21*

03/06/2021

Dmitriy Valeryevich IVANOV

1990Aleksey Vladimirovich Glukhov

Novocheboksarsk

Rally in support of A. Navalnyy

Cheboksary

23/01/2021

article 20.2 § 5 of CAO

fine of

RUB 10,000

Supreme Court of the Republic of Chuvashia

11/03/2021

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

33799/21

03/06/2021

Larisa Mikhaylovna VASILYEVA

1970Aleksey Vladimirovich Glukhov

Novocheboksarsk

Rally in support of A. Navalnyy

Cheboksary

23/01/2021

article 20.2 § 5 of CAO

fine of

RUB 12,000

Supreme Court of the Republic of Chuvashia

18/03/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention on 30/01/2021 for the sole purpose of drawing a record of administrative offence in respect of participation in the rally of 23/01/2021;

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

33813/21*

03/06/2021

Sergey Leonidovich ZLOBIN

1950Aleksey Vladimirovich Glukhov

Novocheboksarsk

Rally in support of A. Navalnyy

Cheboksary

23/01/2021

article 20.2 § 5 of CAO

fine of

RUB 10,000

Supreme Court of the Republic of Chuvashia

16/03/2021

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 conviction was based

33865/21*

03/06/2021

Aleksey Sergeyevich IGNATYEV

1987Aleksey Vladimirovich Glukhov

Novocheboksarsk

Rally in support of A. Navalnyy

Cheboksary

23/01/2021

article 20.2 § 5 of CAO

fine of

RUB 10,000

Supreme Court of the Republic of Chuvashia

27/04/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station on 23/01/2021 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 police officers on whose written statements the applicant’s conviction was based

34094/21*

06/06/2021

Irina Denisovna CHEPLOUTSKAYA

1996Dmitriy Vladimirovich Zubarev

Vladivostok

Rally in support of A. Navalnyy

Vladivostok

31/01/2021

article 20.2 § 5 of CAO

fine of

RUB 12,000

Primorye Regional Court

30/03/2021

Art. 5 (1) - unlawful deprivation of liberty- arrest, escorting to a police station and detention on 31/01/2021, in excess of three hours, for the sole purpose of drawing up a record of an administrative offence; 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;

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

34308/21*

07/06/2021

Nina Yuryevna KVYATKOVSKAYA

1980Mikhail Igorevich Tunikov

Vladivostok

Rally in support of Sergey Furgal

Vladivostok

19/07/2020

article 20.2 § 5 of CAO

fine of

RUB 10,000

Primorye Regional Court

08/12/2020

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 conviction was based

34454/21*

03/06/2021

Andrey Vladimirovich BIKULOV

1987Aleksey Vladimirovich Glukhov

Novocheboksarsk

Rally in support of A. Navalnyy

Cheboksary

23/01/2021

article 20.2 § 5 of CAO

fine of

RUB 10,000

Supreme Court of the Republic of Chuvashia

29/04/2021

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

35107/21

25/06/2021

Georgiy Anatolyevich SHEVELEV

2002Memorial Human Rights Centre

Moscow

Rally in support of

A. Navalnyy

Moscow

23/01/2021

article 20.2 § 5 of CAO

fine of

RUB 10,000

Moscow City Court

20/04/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 23/01/2021 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 police officers on whose written statements the conviction was based

35148/21

25/06/2021

Vladislav Sergeyevich MAKAROV

1997Memorial Human Rights Centre

Moscow

Rally in support of A. Navalnyy

Tula

23/01/2021

article 20.2 § 5 of CAO

fine of

RUB 10,000

Tula Regional Court

18/03/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 23/01/2121 for more than 3 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

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