Lexploria - Legal research enhanced by smart algorithms
Lexploria beta Legal research enhanced by smart algorithms
Menu
Browsing history:

VASILYEV v. RUSSIA and 22 other applications

Doc ref: 43656/21 • ECHR ID: 001-226155

Document date: June 29, 2023

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

VASILYEV v. RUSSIA and 22 other applications

Doc ref: 43656/21 • ECHR ID: 001-226155

Document date: June 29, 2023

Cited paragraphs only

Published on 24 July 2023

THIRD SECTION

Application no. 43656/21 Andrey Valeryevich VASILYEV against Russia and 22 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 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

43656/21

12/08/2021

Andrey Valeryevich VASILYEV

1999Aleksey Vladimirovich Glukhov

Novocheboksarsk

Rally “Free Navalnyy”

Cheboksary

23/01/2021

article 20.2 § 5 of CAO

Fine of

RUB 10,000

Supreme Court of the Chuvash Republic

23/04/2021

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

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 trial police officers on whose written statements the conviction was based [2] .

43658/21

12/08/2021

Nikolay Vladimirovich VUSHNYAKOV

1995Aleksey Vladimirovich Glukhov

Novocheboksarsk

Rally “Free Navalnyy”

Cheboksary

23/01/2021

article 20.2 § 5 of CAO

Fine of

RUB 10,000

Supreme Court of the Chuvash Republic

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;

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 trial police officers on whose written statements the conviction was based.

43660/21

12/08/2021

Pavel Nikolayevich GARAMOV

1997Aleksey Vladimirovich Glukhov

Novocheboksarsk

Rally “Free Navalnyy”

Cheboksary

23/01/2021

article 20.2 § 5 of CAO

Fine of

RUB 10,000

Supreme Court of the Chuvash Republic

30/04/2021;

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 in the trial police officers on whose written statements the conviction was based.

43663/21

12/08/2021

Yevgeniy Valeryanovich GRIGORYEV

1994Aleksey Vladimirovich Glukhov

Novocheboksarsk

Rally “Free Navalnyy”

Cheboksary

23/01/2021

article 20.2 § 5 of CAO

Fine of

RUB 10,000

Supreme Court of the Chuvash Republic

18/05/2021

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 in the trial police officers on whose written statements the conviction was based.

43667/21

12/08/2021

Aleksey Gennadyevich YEGOROV

1987Aleksey Vladimirovich Glukhov

Novocheboksarsk

Rally “Free Navalnyy”

Cheboksary

23/01/2021

article 20.2 § 5 of CAO

Fine of

RUB 10,000

Supreme Court of the Chuvash Republic

06/05/2021

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 in the trial police officers on whose written statements the conviction was based.

43669/21

12/08/2021

Dmitriy Gennadyevich YEFIMOV

1987Aleksey Vladimirovich Glukhov

Novocheboksarsk

Rally “Free Navalnyy”

Cheboksary

23/01/2021

article 20.2 § 5 of CAO

Fine of

RUB 11,000

Supreme Court of the Chuvash Republic

30/04/2021

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 in the trial police officers on whose written statements the conviction was based.

46558/21

03/09/2021

Aleksandr Vladimirovich KARPOVETS

1994Konstantin Vladimirovich Bubon

Khabarovsk

Rally to support Sergey Furgal

Khabarovsk

23/01/2021

article 20.2 § 6.1 of CAO

Fine of

RUB 15,000

Khabarovsk Regional Court

09/03/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.30 p.m. on 23/01/2021 until 25/01/2021 [3] .

46580/21

07/09/2021

Ivan Sergeyevich TROFIMENKO

1995Vitaliy Viktorovich Cherkasov

St Petersburg

Rally “Free Navalnyy”

St Petersburg

02/02/2021

article 20.2.2 § 1 of CAO

Fine of

RUB 20,000

St Petersburg City Court

25/03/2021

Art. 5 (1) (c) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.35 p.m. on 02/02/2021 until 4.00 p.m. on 03/02/2021;

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 in the trial police officers on whose written statements the conviction was based.

46615/21

03/09/2021

Sergey Yevgenyevich KLEPIKOV

1995Vladimir Sergeyevich Kapishnikov

Orel

Rally “Free Navalnyy”

Orel

31/01/2021

article 20.2 § 5 of CAO

Fine of

RUB 10,000

Orel Regional Court

26/04/2021

47145/21

15/09/2021

Danila Sergeyevich VOLKOV

1986Maksim Ivanovich Kamakin

St Petersburg

Rally “Free Navalnyy”

St Petersburg

31/01/2021

article 20.2.2 § 1 of CAO

Fine of

RUB 10,000

St Petersburg City Court

16/03/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 5.00 p.m. until 8.48 p.m. on 31/01/2021;

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 in the trial police officers on whose written statements the conviction was based.

49769/21

22/09/2021

Yevgeniy Igorevich BULAVIN

1993Memorial Human Rights Centre

Moscow

Rally “Free Navalnyy”

St Petersburg

31/01/2021

article 20.2.2 § 1 of CAO

detention for 7 days

St Petersburg City Court

25/03/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.20 p.m. on 31/01/2021 until 10.00 a.m. on 01/02/2021;

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 in the trial 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 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO [4] .

45564/22

13/09/2022

Yekaterina Dmitriyevna RAZUMOVA

1988Protest against war in Ukraine

Tambov

02/03/2022

article 20.6.1 § 1 of CAO

Fine of

RUB 10,000

Tambov Regional Court

16/05/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.00 p.m. until 6.30 p.m. on 02/03/2022;

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 trial police officers on whose written statements the conviction was based;

Art. 6 (1) - unfair criminal proceedings - various deficiencies of the administrative offence proceedings (no possibility to adduce evidence) [5] .

46205/22

10/09/2022

Mikhail Sergeyevich NIKOLAICHEV

1997Sergey Aleksandrovich Loktev

St Petersburg

Protest against war in Ukraine

St Petersburg

13/03/2022

article 20.2.2 § 1 of CAO

Fine of

RUB 10,000

St Petersburg City Court

21/06/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.30 p.m. on 13/03/2022 until 14/03/2022;

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 trial police officers on whose written statements the conviction was based.

46212/22

10/09/2022

Azamat Ilshatovich MUKHAMEDYAROV

1999Natalya Pavlovna Yermilova

Yekaterinburg

Protest against war in Ukraine

Yekaterinburg

06/03/2022

article 20.2 § 5 of CAO

32 hours of community work

Sverdlovsk Regional Court

27/07/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.35 p.m. until 8.10 p.m. on 06/03/2022;

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 trial police officers on whose written statements the conviction was based;

Art. 6 (1) - unfair criminal proceedings - various deficiencies of the administrative offence proceedings (no access to a lawyer during detention at the police station) [6] .

46503/22

15/09/2022

Aleksandr Nikolayevich POPKOV

1994Protest against war in Ukraine

St Petersburg

06/03/2022

article 20.2.2 § 1 of CAO

Fine of

RUB 19,000

St Petersburg City Court

14/06/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 5.30 p.m. on 06/03/2022 until 12.30 a.m. on 07/03/2022;

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 trial police officers on whose written statements the conviction was based.

46934/22

14/09/2022

Sofya Andreyevna OSADCHAYA

2002Protest against war in Ukraine

Yekaterinburg

06/03/2022

article 20.2 § 5 of CAO

Fine of

RUB 20,000

Sverdlovsk Regional Court

15/06/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.02 p.m. until 11.50 p.m. on 06/03/2022;

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 trial police officers on whose written statements the conviction was based.

47526/22

15/09/2022

Yevgeniy Ivanovich GOROKHOV

1983Kirill Aleksandrovich Maksheyev

Nizhniy Novgorod

Protest against war in Ukraine

Nizhniy Novgorod

12/06/2022

article 20.3.3 § 1 of CAO

Fine of

RUB 30,000

Nizhniy Novgorod Regional Court

17/08/2022

Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 3.25 p.m. until 6.00 p.m. on 12/06/2022;

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 trial police officers on whose written statements the conviction was based.

47531/22

15/09/2022

Lika Alekseyevna MEDNIK

2003Andrey Anatolyevich Slavkin

Murmansk

Protest against war in Ukraine

Murmansk

24/02/2022

article 20.2 § 2 of CAO

Fine of

RUB 20,000

Murmansk Regional Court

19/05/2022

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

47816/22

24/09/2022

Nikolay Andreyevich ILNITSKIY

1991Protest against war in Ukraine

Moscow

26/02/2022

article 20.2 § 5 of CAO

Fine of

RUB 10,000

Moscow City Court

09/06/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 9.00 p.m. on 26/02/2022 until 12.30 a.m. on 27/02/2022.,

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 trial police officers on whose written statements the conviction was based.

9551/23

06/02/2023

Denis Aleksandrovich STRELKOV

1983Rally in defence of Troitski woods

Moscow

12/02/2022

article 19.3 § 1 of CAO

Detention for 7 days

Moscow City Court

11/10/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 2.30 p.m. on 12/02/2022 until 9.00 a.m. on 14/02/2022;

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 trial two police officers on whose written statements the conviction was based.

10131/23

11/02/2023

Dmitriy Bulatovich AYVAZYAN

1996Protest against war in Ukraine

Moscow

06/03/2022

article 20.2 § 5 of CAO

Fine of

RUB 15,000

Moscow City Court

11/10/2022

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 trial police officers on whose written statements the conviction was based;

Art. 6 (1) - lack of fair hearing - various deficiencies of the administrative offence proceedings (no possibility to adduce evidence).

11863/23

03/02/2023

Nadezhda Vladimirovna KRAYUSHKINA

1960Protest against was in Ukraine

Moscow

24/02/2022

article 20.2 § 5 of CAO

Fine of

RUB 10,000

Moscow City Court

17/10/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 9.15 p.m. on 24/02/2022 until 4.30 a.m. on 25/02/2022;

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

13772/23

16/02/2023

Marat Khabalovich DOKHOV

1983Protest against war in Ukraine

Moscow

24/02/2022

article 20.2 § 5 of CAO

Fine of

RUB 15,000

Moscow City Court

19/10/2022

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

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.00 p.m. on 24/02/2022 until 2.30 a.m. on 25/02/2022;

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 trial police officers on whose written statements the conviction was based.

[1] Karelin v. Russia , no. 926/08, §§ 58-85, 20 September 2016.

[2] Schatschaschwili v. Germany [GC], no. 9154/10, §§ 100-31, ECHR 2015, and Murtazaliyeva v. Russia [GC], no. 36658/05, §§ 150-59, 18 December 2018.

[3] Butkevich v. Russia , no. 5865/07, §§ 63-65, 13 February 2018, Tsvetkova and Others v. Russia , nos. 54381/08 and 5 others, §§ 115-31, 10 April 2018, and Korneyeva v. Russia , no. 72051/17, §§ 34-36, 8 October 2019.

[4] Martynyuk v. Russia , no. 13764/15, §§ 38-42, 8 October 2019.

[5] Kasparov and Others v. Russia (no. 2), no. 51988/07, §§ 48-51, 13 December 2016.

[6] Mikhaylova v. Russia , no. 46998/08, § 76-84, 19 November 2015.

© European Union, https://eur-lex.europa.eu, 1998 - 2026

LEXI

Lexploria AI Legal Assistant

Active Products: EUCJ + ECHR Data Package + Citation Analytics • Documents in DB: 401132 • Paragraphs parsed: 45279850 • Citations processed 3468846