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DMITRIYEVA v. RUSSIA and 42 other applications
Doc ref: 4604/17 • ECHR ID: 001-226122
Document date: June 29, 2023
- Inbound citations: 0
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- Cited paragraphs: 0
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DMITRIYEVA v. RUSSIA and 42 other applications
Doc ref: 4604/17 • ECHR ID: 001-226122
Document date: June 29, 2023
Cited paragraphs only
Published on 24 July 2023
SECOND SECTION
Application no. 4604/17 Mariya Borisovna DMITRIYEVA against Russia and 42 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
4604/17*
04/01/2017
Mariya Borisovna DMITRIYEVA
1961Manifestation in support of N. Savcnehko
Moscow
08/03/2016
article 20.2 § 5 of CAO
and
article 19.3 § 1 of CAO
fine of RUB 10,000
and
fine of RUB 1,000
Moscow City Court
08/07/2016
and
Moscow City Court
28/07/2016
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was convicted under art. 20.2 § 5 of CAO by final decision adopted by Moscow City Court on 08/07/2016 and under Art. 19.3 § 1 of CAO by final decision of Moscow City Court on 28/07/2016 concerning the same event on 08/03/2016. The applicant complains about being punished twice for the same offence (see Korneyeva v. Russia, no. 72051/17, §§ 44-65, 8 October 2019)
8385/17*
14/01/2017
Lyudmila Andreyevna PUDRIK
1955Manifestation in support of N. Savchenko
Moscow
08/03/2016
article 20.2 § 5 of CAO
and
article 19.3 § 1 of CAO
fine of RUB 10,000
and fine of RUB 500
Moscow City Court
20/07/2016
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - the courts refused to obtain attendance of police officers on whose reports and statements the applicant’s conviction was based,
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - convicted twice for the same public event (under Articles 20.2 § 5 and 19.3 § 1 of the Code of Administrative Offences) (akin to Korneyva v. Russia, no. 72051/17, §§ 55-65, 08/10/2019).
12156/17*
30/01/2017
Aleksandr Vladimirovich EYSMAN
1974Public gathering dedicated to the Constitution Day
Moscow
12/12/2015
Public gathering
Ostankinskaya Ul.,
Moscow
30/05/2018
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
fine of RUB 10,000
fine of RUB 10,000
Moscow City Court
02/08/2016
Moscow City Court
04/10/2018
Art. 5 (1) - unlawful deprivation of liberty - administrative arrest and detention on 30/05/2018: 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), raised in administrative proceedings,
Art. 6 (1) - lack of impartiality of tribunal - 02/08/2016, 04/10/2018, 16/01/2017, Moscow City Court; administrative fine of RUB 10 000,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - Lack of an adequate opportunity to contest adverse evidence due to the courts’ rejections of the applicant’s motions to question the police officers who submitted written statements,
Art. 10 (1) - disproportionate measures against solo demonstrators - 08/03/2016, Moscow, Manezhnaya square, a solo demonstration next to the Zhukov monument with a placard relating to Savchenko; article 20.2 § 5 of CAO, administrative fine of RUB, 15, 000; Moscow City Court, 16/01/2017; rotation - event classified as assembly post facto, ban on public events at certain locations (specify), next to the Residence of the President of the Russian Federation (Zhukov monument on Manezhnaya square)
37727/17**
06/05/2017
Yelena Yuryevna STARSHININA
1977Nikolay Sergeyevich Zboroshenko
Moscow
Hunger strike in support of housing rights near the United Russia’s headquarters
Moscow
01/07/2016
Hunger strike for housing near the United Russia’s headquarters
Moscow
02/07/2016
article 20.2 § 5 of CAO
and
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
fine of RUB 10,000
and
fine of RUB 10,000
fine of RUB 10,000
Moscow City Court
22/05/2017
and
Moscow City Court
16/11/2016
Moscow City Court
22/05/2017
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - three sets of the proceedings which ended on 16/11/2016 and 22/05/2017, Moscow City Court
2748/18*
15/12/2017
Aleksandr Dmitriyevich TURBIN
1992Anti-corruption manifestation
St Petersburg
12/06/2017
article 19.3 § 1 of CAO
and
article 20.2 § 5 of CAO
arrest of 5 days and
fine of RUB 10,000
St Petersburg City Court
16/06/2017
and
St Petersburg City Court
30/06/2017
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 the proceedings against the applicant which ended on 16/06/2017 and 30/06/2017,
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - final decisions 16/06/2017, St Petersburg City Court, Art. 19.3 § 1 CAO; 30/06/2017, St Petersburg City Court, Art. 20.2 § 5 CAO; overlap of the facts constituting the basis for the applicant’s prosecution in the second set of proceedings with substantially the same facts underlying her conviction in the first set of proceedings.
3212/18
29/12/2017
Anatoliy Viktorovich ZVEREV
1993Polina Romanovna Smorodina
St Peterburg
Anti-corruption manifestation
St Petersburg
12/06/2017
article 19.3 § 1 of CAO
and
article 20.2 § 5 of CAO
fine of RUB 15,000
and
fine of RUB 1,000
St Petersburg City Court
03/07/2017
Art. 5 (1) - unlawful deprivation of liberty - arrest and detention at the police station from 12/06/2017 to 13/06/2017 - 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: the applicant remained in detention after the offence record had been compiled (see Korneyeva v. Russia, no. 72051/17, § 35, 8 October 2019). The applicant raised the relevant complaint in the course of the proceedings,
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 examine in open court police officers on whose written statements the applicant’s conviction was based,
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - final decisions 03/07/2017, St Petersburg City Court, Art. 19.3 § 1 CAO and Art. 20.2 § 5 CAO; overlap of the facts constituting the basis for the applicant’s prosecution in the second set of proceedings with substantially the same facts underlying her conviction in the first set of proceedings.
3439/18*
25/12/2017
Nikolay Nikolayevich MANKO
1967Nikolay Sergeyevich Zboroshenko
Moscow
Truck Drivers’ Manifestation
Khimki, Moscow Region
21/05/2017
article 19.3 § 1 of CAO,
and
article 20.2 § 5 of CAO
fine of RUB 500 and
fine of RUB 10,000
Moscow Regional Court
06/07/2017
Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 21/05/2017 in excess of 3 hours for the sole purpose of drawing a record of administrative offence. The applicant raises the complaint in the course of the administrative offence proceedings against him,
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 (in the first proceedings related to conviction under Art. 19.3 (1) CAO,
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings – decisions 06/07/2017, Moscow City Court, Art. 19.3 § 1 CAO and Art. 20.2 § 5 CAO; overlap of the facts constituting the basis for the applicant’s prosecution in the second set of proceedings with substantially the same facts underlying her conviction in the first set of proceedings,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings
3641/18
18/12/2017
Pavel Vladimirovich SHALAGIN
1985Alina Vladimirovna Yesipova
St Petersburg
Anti-corruption manifestation
St Petersburg
12/06/2017
article 20.2 § 5 of CAO,
and
article 19.3 § 1 of CAO
fine of RUB 11,000
St Petersburg City Court
29/06/2017
Art. 5 (1) - unlawful deprivation of liberty - arrest and escort to the police station on 12/06/2017-13/06/2017 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence; unrecorded detention until escort to the court on 14/06/2017. The applicant raised the complaint in the course of the administrative proceedings against him.
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the 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 in both sets of the proceedings;
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - decisions 29/06/2017, St Petersburg City Court, Art. 19.3 § 1 CAO and Art. 20.2 § 5 CAO; overlap of the facts constituting the basis for the applicant’s prosecution in the second set of proceedings with substantially the same facts underlying her conviction in the first set of proceedings.
3864/18*
26/12/2017
Iskander Rafailevich GUMERBAYEV
1991Anti-corruption Manifestation
Kazan
14/05/2017
article 19.3 § 1 of CAO
and
article 20.2 § 5 of CAO
arrest of 12 days
and
community service of 35 hours
Supreme Court of Tatarstan Republic
06/06/2017
and
Supreme Court of Tatarstan Republic
21/06/2017
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings
5252/18*
02/01/2018
Anastasiya Vyacheslavovna KOVROVA
1987Alina Vladimirovna Yesipova
St Petersburg
Anti-Corruption manifestation
St Petersburg
12/06/2017
article 19.3 § 1 of CAO
and
article 20.2 § 5 of CAO
fine of RUB 15,000 and
fine of RUB 600
St Petersburg City Court
03/07/2017
Art. 5 (1) - unlawful deprivation of liberty - arrest and detention at the police station from 12/07/2017 to 13/07/2017:
(1) 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);
(2) Detention as an administrative suspect: the applicant remained in detention after the offence record had been compiled (see Korneyeva v. Russia, no. 72051/17, § 35, 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 - absence of prosecuting party in both sets of the 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 in the proceedings related to the offence under Art. 19.3 (1) CAO,
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - decisions 03/07/2017, St Petersburg City Court, Art. 19.3 § 1 CAO and Art. 20.2 § 5 CAO; overlap of the facts constituting the basis for the applicant’s prosecution in the second set of proceedings with substantially the same facts underlying her conviction in the first set of proceedings
7616/18*
10/01/2018
Aleksey Mikhaylovich IVANOV
1990Ivan Yuryevich Zhdanov
Vilnius
Opposition rally
St Petersburg
12/06/2017
article 20.2 § 5 of CAO and article 19.3 § 1 of CAO
fine of RUB 10,000 and
fine of RUB 1,000
St Petersburg City Court
11/07/2017
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - decisions 11/07/2017, St Petersburg City Court, Art. 19.3 § 1 CAO and Art. 20.2 § 5 CAO; overlap of the facts constituting the basis for the applicant’s prosecution in the second set of proceedings with substantially the same facts underlying her conviction in the first set of proceedings.
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings
13129/18*
22/02/2018
Igor Nikolayevich FINKOVSKIY
1964Irina Aleksandrovna Yatsenko
Moscow
Truck Drivers’ Manifestation
Khimki, Moscow Region
21/05/2017
article 19.3 § 1 of CAO
fine of RUB 500
Moscow Regional Court
22/08/2017
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - decisions 22/08/2017, St Petersburg City Court and 16/08/2017 St Peterburg City Court, Art. 19.3 § 1 CAO and Art. 20.2 § 5 CAO; overlap of the facts constituting the basis for the applicant’s prosecution in the second set of proceedings with substantially the same facts underlying her conviction in the first set of proceedings,
Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 21/05/2017-22/05/2017 in excess of 3 hours (arrested on 21/05/2017 at 2 p.m., released on 23/05/2017); 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 obtain attendance of the 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
19607/18*
30/03/2018
Rafail Viktorovich SHEPELEV
1970March of the "Artpodgotovka" movement
Yekaterinburg
23/07/2017
article 20.2 § 5 of CAO
fine of RUB 10,000
Sverdlovsk Regional Court
21/11/2017
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 - failure to question in court the police officers who had arrested the applicant and on whose written statements his conviction was based
21716/18
25/04/2018
Polina Pavlovna MIKHAYLOVA
1999Manifestation in support of Alexey Navalnyy
St Petersburg
08/10/2017
article 19.3 § 1 of CAO
and
article 20.2 § 5 of CAO
5 days’ detention and
fine of RUB 10,000
St Petersburg City Court
25/10/2017
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - decisions 25/10/2017, St Petersburg City Court, Art. 19.3 § 1 CAO and Art. 20.2 § 5 CAO; overlap of the facts constituting the basis for the applicant’s prosecution in the second set of proceedings with substantially the same facts underlying her conviction in the first set of proceedings,
Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 08/10/2017 in excess of 3 hours for the sole purpose of drawing up a record of an administrative offence (arrested at 10.20 p.m. and detained till the court hearing on 09/10/2017); raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the 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 police officers on whose written statements the applicant’s convictions were based; raised on appeal
24932/18*
15/05/2018
Margarita Yuryevna ZAYTSEVA
1970Ivan Yuryevich Zhdanov
Vilnius
Gathering in support of Aleksey Navalnyy
Tambov
29/10/2017
article 20.2 § 2 of CAO
5 days’ arrest
Tambov Regional Court
15/11/2017
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to confront police officers whose testimony was decisive for the applicant’s conviction
26002/18*
18/05/2018
Mikhail Mikhaylovich SEMENOV
1969Artur Magsumovich ABASHEV
1986Georgiy Olegovich USPENSKIY
1999Nikolay Sergeyevich Zboroshenko
Moscow
1st applicant: Manifestation in support of Navalnyy
Kirov
07/10/2017
2nd applicant: Manifestation in support of Navalnyy
Kirov
07/10/2017
3rd applicant: Meeting "Voters Strike"
Kirov
28/01/2018
1st applicant: Call for manifestation against the war in Ukraine
Kirov
30/03/2022
article 20.2 § 2 of CAO
article 20.2 § 2 of CAO
article 20.2 § 2 of CAO
article 20.2 § 8 of CAO
5 days’ arrest
5 days’ arrest
fine of RUB 20,000
the fine was lifted on appeal
Kirov Regional Court
24/11/2017
Kirov Regional Court
27/02/2018
Kirov Regional Court
06/03/2018
Kirov Regional Court
23/08/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - the first applicant complained of the absence of a prosecuting party in the administrative offence proceedings in 2022 (see Karelin v. Russia, no. 926/08, §§ 69 ‑ 84, 20 September 2016).
35361/18*
16/07/2018
Aleksandr Sergeyevich VESELOV
1984Russian March
Moscow
04/11/2017
Article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
14/03/2018
Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 04/11/2017: Detention as an administrative suspect: no evidence/assessment of “exceptional circumstances†under Art. 27.3 § 1 CAO (see Butkevich v. Russia, no. 5865/07, §§ 63-64, 13 February 2018; Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018); raised in the course of administrative proceedings
40027/18*
11/08/2018
Yuliya Aleksandrovna FEDOSEYEVA
1978Spontaneous meeting against local waste site
Klin, Moscow Region
13/10/2017
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Moscow Regional Court
15/02/2018
41676/18*
14/08/2018
Dmitriy Vasilyevich DUBROVIN
1997Ivan Yuryevich Zhdanov
Vilnius
"Electors’ Strike"
Volgograd
28/01/2018
article 20.2 § 5 of CAO
fine of RUB 10,000
Volgograd Regional Court
21/02/2018
Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 28/01/2018: 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); 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
42411/18*
24/08/2018
Dmitriy Mikhaylovich TEPLYAKOV
1987Anti-corruption manifestation
Moscow
04/11/2017
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
28/02/2018
Art. 6 (1) - lack of impartiality of tribunal - absence of the prosecuting party in the administrative offence proceedings
42842/18*
22/08/2018
Artem Yevgenyevich YEVDOKIMOV
1991Ivan Yuryevich Zhdanov
Vilnius
Distribution of political leaflets
Cherepovets
04/11/2017
article 20.2 § 5 of CAO
fine of RUB 10,000
Vologda Regional Court
27/02/2018
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
47334/18*
20/09/2018
Tatyana Sergeyevna SERGEYEVA
1972Irina Aleksandrovna Yatsenko
Moscow
Manifestation of the foreign currency mortgage borrowers in front of the Central Bank of the Russian Federation
Moscow
28/11/2017
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
20/03/2018
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
29407/19*
20/05/2019
Mikhail Igorevich SHALASHNYY
1998"Endless protest" activists’ meeting
Moscow
10/09/2018
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
22/11/2018
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 - Lack of an adequate opportunity to contest adverse evidence due to the court’s rejection of the applicant’s motions to question the police officers who submitted written statements
35192/19*
16/06/2019
Yuriy Sergeyevich KURLYKOV
1999Dmitriy Vladimirovich Zubarev
Vladivostok
Manifestation against the pension reform
Verkhneportovaya str., Vladivostok
15/09/2018
article 20.2 § 5 of CAO
fine of RUB 10,000
Primorye Regional Court
17/12/2018
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
38762/19*
07/07/2019
Aydar Albertovich ISLAMOV
1996Nikita Sergeyevich Tomilov
BERLIN
Protest against construction of an orthodox church
Yekaterinburg
14/05/2019
article 20.1 § 2 of CAO
5 days’ arrest
Sverdlovsk Regional Court
18/05/2019
Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 14/05/2019: 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) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
45161/19*
17/08/2019
Aleksandr Alekseyevich ABRAMOV
1997Manifestation against the pension reform
Penza
09/08/2018
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Penza Regional Court
14/03/2019
54061/19
27/09/2019
Valeriy Aleksandrovich SHPYAKIN
1994Manifestation against the construction of a landfill at Sheis
Arkhangelsk
07/04/2019
article 20.2 § 5 of CAO
fine of RUB 12,000
Arkhangelsk Regional Court
23/07/2019
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
57851/19*
18/10/2019
Aleksey Aleksandrovich CHISLOV
1987Anton Vyacheslavovich Zadorkin
Yekarerinburg
Manifestation against construction of an orthodox church
Oktyabrskaya Square 2, Yekaterinburg
16/05/2019
article 20.2 § 5 of CAO
fine of RUB 10,000
Sverdlovsk Regional Court
28/08/2019
Art. 5 (1) - unlawful deprivation of liberty - arrest on 16/05/2019 - Applicant taken to the police station as an administrative suspect for the purposes of compiling an offence record: no written record of the administrative escort (Art. 27.2 § 3 CAO) (see Timishev v. Russia [Committee], no. 47598/08, § 21, 28 November 2017),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4332/20*
28/12/2019
Yan Patvakanovich YEGIAZARYAN
1977Sergey Yuryevich Tiunov
Yekaterinburg
Manifestation against the regional authorities
Yekaterinburg
07/07/2019
article 20.2 § 5 of CAO
fine of RUB 10,000
Sverdlovsk Regional Court
11/09/2019
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
4445/20*
28/12/2019
Galina Vasilyevna KOROLEVA
1952Sergey Yuryevich Tiunov
Yekaterinburg
Manifestation against the regional authorities
Yekaterinburg
07/07/2019
article 20.2 § 5 of CAO
fine of RUB 10,000
Sverdlovsk Regional Court
02/10/2019
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 - The applicant was unable to confront the police officers on whose written statements her conviction was based
9115/20*
24/01/2020
Igor Vladimirovich SAFONOV
1991Kristina Igorevna Timakova
Moscow
Protest against demolition of the "Solovey" cinema
Moscow
23/11/2018
article 20.2 § 8 of CAO
fine of RUB 100,000
Moscow City Court
24/07/2019
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
44582/20
10/09/2020
Natalya Viktorovna KHAYDAROVA
1957Vladimir Valeryevich Vasin
Krasnoyarsk
Gathering in support of defrauded housing construction investors
Krasnoyarsk
09/10/2019
article 19.3 § 1 of CAO
fine of RUB 1,000
Krasnoyarsk Regional Court
12/12/2019
Art. 5 (1) - unlawful deprivation of liberty - detention on 10/10/2019 from 7.10 a.m. to 3.15 p.m. - 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); issue 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
45808/20
10/09/2020
Konstantin Nikolayevich KOZLOV
1979Vladimir Valeryevich Vasin
Krasnoyarsk
Gathering in support of defrauded housing construction investors
Krasnoyarsk
09/10/2019
article 19.3 § 1 of CAO
fine of RUB 1,000
Krasnoyarsk Regional Court
12/12/2019
Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 10/10/2019 in excess of 3 hours for the sole purpose of drawing 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
52670/20*
10/11/2020
Sergey Vyacheslavovich SINITSYN
1999Dmitriy Igorevich Zakhvatov
Moscow
Manifestation against isolation of the Russian Internet
Moscow
10/03/2019
article 20.2 § 5 of CAO
fine RUB 10,000
Moscow City Court
10/02/2020
Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 10/03/2019: - 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), 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
52673/20*
10/11/2020
Andrey Vladimirovich PERFILYEV
1995Dmitriy Igorevich Zakhvatov
Moscow
Manifestation against isolation of the Russian Internet
Moscow
10/03/2019
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
20/02/2020
Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 10/03/2019 - 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); 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
1651/21
05/12/2020
Sofya Vladimirovna DURNOVA
2001Fedor Yevgenyevich Sirosh
Moscow
Dopuskai Manifestation for free elections
Moscow
03/08/2019
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
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. 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. 5 (1) - unlawful deprivation of liberty - arrest and detention on 03/08/2019 - 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)
10270/21*
18/01/2021
Tatyana Valeryevna NAMAZBAYEVA
1989Dmitriy Vladimirovich Zubarev
Vladivistok
Manifestation in support of S. Furgal
Vladivostok
25/07/2020
Manifestation in support of S. Furgal
Vladivostok
01/08/2020
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
fine of RUB 10,000
fine of RUB 10,000
Primorye Regional Court
05/10/2020
Primorye Regional Court
13/10/2020
Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 01/08/2020 and on 15/08/2020 - 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) - 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 court police officers on whose written statements the applicant’s conviction was based
10419/21*
18/01/2021
Larisa Vasilyeva ALEKSEYEVA
1946Dmitriy Vladimirovich Zubarev
Vladivostok
Manifestation in support of S. Furgal
Vladivostok, Svetlanskaya street
01/08/2020
article 20.2 § 5 of CAO
fine of RUB 10,000
Primorye Regional Court
16/11/2020
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - absence of a prosecuting party in both sets of administrative proceedings which ended on 02/11/2020 and 16/11/2020 respectively,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - The applicant was unable to confront the police officers on whose written statements her conviction was based (proceedings which ended on 16/11/2020),
Art. 5 (1) - unlawful deprivation of liberty - arrest and detention at a police station on 15/08/2020 - 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); raised on appeal,
Art. 10 (1) - disproportionate measures against solo demonstrators - solo picket against unfair elections on 15/08/2020 in Vladivostok, the applicant convicted under article 20.2 § 5 of CAO, administrative fine of RUB 10,000. Upheld on appeal - Primorye Regional Court, 02/11/2020.
20304/21
14/03/2021
Valentina Anatolyevna DYUMINA
1989Vladimir Valeryevich Vasin
Krasnoyarsk
Manifestation in support of S. Furgal
Krasnoyarsk
01/08/2020
Manifestation in support of S. Furgal
Krasnoyarsk
08/08/2020
article 20.2 § 5 of CAO
article 20.2 § 2 of CAO
fine of RUB 12,000
fine RUB 20,000
Krasnoyarsk Regional Court
29/10/2020
Krasnoyarsk Regional Court
24/09/2020
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings,
Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 08/08/2020 - 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); raised on appeal,
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 (with regards to the event of 08/08/2020)
20783/21*
22/03/2021
Andrey Yuryevich MYAKOTIN
1974Dmitriy Vladimirovich Zubarev
Vladivistok
Demonstration in support of the governor of Khabarovsk Region Mr Furgal
Vladivostok
18/07/2020
Demonstration in support of the governor of Khabarovsk Region Mr Furgal
Vladivostok
25/07/2020
Demonstration in support of the governor of Khabarovsk Region Mr Furgal
Vladivostok
08/08/2020
Manifestation in support of Navalnyy
Vladivostok
31/01/2021
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
article 20.2 § 8 of CAO
20 hours of compulsory work
20 hours of compulsory work
20 hours of compulsory work
40 hours of compulsory work
Primorye Regional Court
26/10/2020
Primorye Regional Court
02/11/2020
Primorye Regional Court
27/10/2020
Primorye Regional Court
13/04/2021
Art. 5 (1) - unlawful deprivation of liberty - Arrest and detention at the police station on 15/08/2020 and 31/01/2021 - 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). The complaint was raised on appeal in the course of the administrative proceedings.
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - administrative proceedings relating to the applicant’s participation in the manifestation on 31/01/2021
21312/21
02/04/2021
Aleksey Nikolayevich SHUVATOV
1992Polina Aleksandrovna Sidelnikova
Vladivostok
Manifestation in support of protests in Khabarovsk
Vladivostok
19/07/2020
Manifestation in support of protests in Khabarovsk
Vladivostok
25/07/2020
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
fine of RUB 10,000
fine of RUB 10,000
Primorye Regional Court
09/11/2020
Primorye Regional Court
09/11/2020
Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 22/08/2020 in excess of 3 hours for the sole purpose of drawing a record of administrative offence,
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 officer on whose written statements the applicant’s conviction was based,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings
21509/21*
22/03/2021
Aleksey Vladimirovich BARICH
1993Manifestation in support of protests in Khabarovsk
St Petersburg
01/08/2020
Manifestation in support of A. Navalnyy ("Otpuskay")
St Petersburg
23/01/2021
article 20.2 § 2 of CAO
article 20.2 § 8 of CAO
7 days’ detention
15 days’ detention
St Petersburg City Court
24/09/2020
St Petersburg City Court
04/03/2021
Art. 5 (1) - unlawful deprivation of liberty - arrest and overnight detention on 31/01-02/02/2021 –
(1) 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);
(2) Detention as an administrative suspect: the applicant remained in detention after the offence record had been compiled (see Korneyeva v. Russia, no. 72051/17, § 35, 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 - concerning both public events and respective 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 officer on whose written statements the applicant’s conviction was based (in respect of public event of 01/08/2020),
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - immediate execution of administrative detention (in respect of public event of 23/01/2021)
23147/21
09/04/2021
Yevgeniy Olegovich RUDENKO
1996Polina Aleksandrovna Sidelnikova
Vladivostok
Manifestation in support of S. Furgal
Vladivostok
18/07/2020
Manifestation in support of S. Furgal
Vladivostok
19/07/2020
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
fine of RUB 10,000
fine of RUB 10 000
Primorye Regional Court
24/11/2020
Primorye Regional Court
24/11/2020
Art. 5 (1) - unlawful deprivation of liberty - on 26/08/2020 the applicant was arrested at his office in relation to his participation in two manifestations, more than one month after the events in question - 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) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in relation to both sets of the proceedings,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to question in open court police officers on whose written statements the convictions were based - in relation to both sets of the proceedings (raised in the domestic proceedings)
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