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ATAMANOVA v. RUSSIA and 24 other applications
Doc ref: 45205/22 • ECHR ID: 001-226175
Document date: June 29, 2023
- Inbound citations: 0
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- Cited paragraphs: 0
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ATAMANOVA v. RUSSIA and 24 other applications
Doc ref: 45205/22 • ECHR ID: 001-226175
Document date: June 29, 2023
Cited paragraphs only
Published on 24 July 2023
THIRD SECTION
Application no. 45205/22 Anastasiya Aleksandrovna ATAMANOVA against Russia and 24 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
45205/22
08/09/2022
Anastasiya Aleksandrovna ATAMANOVA
1999Anti-war protest
Moscow
27/02/2022
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
23/06/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station from 4.34 p.m. until 11.15 p.m. on 27/02/2022 for compiling an offence report [1] ;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings [2] ;
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 the police officers on whose written statements the conviction was based [3] .
54946/22
18/11/2022
Aleksandr Viktorovich TELEGIN
1989Timofey Borisovich Ushakov
Kokoshkino
Anti-war protest
Moscow
27/02/2022
article 20.2 § 5 of CAO
fine of
RUB 15,000
Moscow City Court
19/07/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station from 4.45 p.m. on 27/02/2022 until 1.30 a.m. on 28/02/2022 after compiling an offence report,
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) - unfair trial in administrative offence proceedings - various deficiencies of the administrative-offence proceedings (inability to cross-examine in the trial the police officers on whose written statements the conviction was based; the courts’ refusal to request video recordings from the police) [4] .
54948/22
18/11/2022
Nikolay Pavlovich KONOTOPOV
1987Timofey Borisovich Ushakov
Kokoshkino
Anti-war protest
Moscow
27/02/2022
article 20.2 § 5 of CAO
fine of
RUB 15,000
Moscow City Court
05/08/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station from 4.20 p.m. on 27/02/2022 until 1.05 a.m. on 28/02/2022;
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 the police officers on whose written statements the conviction was based.
55947/22
07/11/2022
Dmitriy Sergeyevich YEMELIN
1987Anti-war protest
Moscow
27/02/2022
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
07/07/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station from 4.15 p.m. until 11.30 p.m. on 27/02/2022 for compiling an offence report;
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 the police officers on whose written statements the conviction was based.
56895/22
08/12/2022
Levard Igorevich ANUA
1996Timofey Borisovich Ushakov
Kokoshkino
Anti-war protest
Moscow
27/02/2022
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
17/08/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station from 4.30 p.m. on 27/02/2022 until 1.40 a.m. on 28/02/2022 for compiling an offence report;
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) - unfair trial in administrative offence proceedings - various deficiencies of the administrative-offence proceedings (inability to cross-examine in the trial the police officers on whose written statements the conviction was based and to submit evidence, including video recordings, in support of the applicant’s version of events).
56896/22
08/12/2022
Anastasiya Sergeyevna ISAKOVA
1996Timofey Borisovich Ushakov
Kokoshkino
Anti-war protest
Moscow
27/02/2022
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
17/08/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station from 4.10 p.m. on 27/02/2022 until 12.05 a.m. on 28/02/2022 for compiling an offence report;
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) - unfair trial in administrative offence proceedings - various deficiencies of the administrative-offence proceedings (inability to cross-examine in the trial the police officers on whose written statements the conviction was based and to submit evidence, including video recordings, in support of the applicant’s version of events).
57263/22*
06/11/2022
Semen KUZMIN
1996Natalya Andreyevna Baranova
Moscow
Anti-war protest
Moscow
27/02/2022
article 20.2 § 5 of CAO
fine of
RUB 11,000
Moscow City Court
07/07/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station from 4.15 p.m. on 27/02/2022 until 2.30 a.m. on 28/02/2022 for compiling an offence report;
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 the police officers on whose written statements the conviction was based.
57336/22
19/11/2022
Olga Sergeyevna KORSHAKOVA
1979Anti-war protest
Moscow
27/02/2022
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
19/07/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station from 6.30 p.m. on 27/02/2022 until 2 a.m. on 28/02/2022 for compiling an offence report;
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 the police officers on whose written statements the conviction was based.
57720/22*
08/12/2022
Nikita Gennadyevich VOROBYEV
1988Timofey Borisovich Ushakov
Kokoshkino
Anti-war protest
Moscow
27/02/2022
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
17/08/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station from 4.40 p.m. on 27/02/2022 until 2.05 a.m. on 28/02/2022 for compiling an offence report;
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) - unfair trial in administrative offence proceedings - various deficiencies of the administrative-offence proceedings (no possibility to adduce evidence, inability to cross-examine in the trial police officers on whose written statements the conviction was based).
57727/22
08/12/2022
Grigoriy Viktorovich PASHUKHIN
1981Timofey Borisovich Ushakov
Kokoshkino
Anti-war protest
Moscow
27/02/2022
article 20.2 § 5 of CAO
fine of
RUB 15,000
Moscow City Court
15/08/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station from 4.25 p.m. on 27/02/2022 until 1.35 a.m. on 28/02/2022;
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) - unfair trial in administrative offence proceedings - various deficiencies of the administrative-offence proceedings (no possibility to adduce evidence, inability to cross-examine in the trial police officers on whose written statements the conviction was based).
849/23
15/12/2022
Irina Yuryevna VASILYEVA
1963Anti-war protest
Moscow
27/02/2022
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
17/08/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 5.30 p.m. on 27/02/2022 until 3.15 a.m. on 28/02/2022;
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 the police officers on whose written statements the conviction was based.
1062/23*
20/12/2022
Anastasiya Konstantinovna NEKLYUDOVA
1995Maksim Vitalyevich Simonov
Voskresenskiy
Anti-war protest
Moscow
27/02/2022
article 20.2 § 5 of CAO
fine of
RUB 15,000
Moscow City Court
29/08/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station from 4.30 p.m. on 27/02/2022 until 2 a.m. on 28/02/2022 after compiling an offence report;
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 the police officers on whose written statements the conviction was based.
1522/23
21/12/2022
Marina Yuryevna KONSHINA
1980Anna Yevgenyevna Bochilo
Barnaul
Anti-war protest
Moscow
27/02/2022
article 20.2 § 5 of CAO
fine of
RUB 15,000
Moscow City Court
25/07/2022
(Neither the applicant, nor her lawyer were present at the hearing on 25/07/2022. The administrative case file was returned to the first-instance court (the Dorogomilovskiy District Court in Moscow) and was available in its registry on unknown date. The applicant alleges that the appeal decision was never sent to her, that she tried to obtain its copy on 29/09/2022 (she submits a copy of her request lodged online to the Moscow City Court) and that she eventually obtained the copy of the appeal decision on 10/11/2022, when it was dispatched to her by the Dorogomilovskiy District Court in Moscow.
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 4.25 p.m. on 27/02/2022 to 3.30 a.m. on 28/02/2022;
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 open court police officers on whose written statements the applicant’s conviction was based.
1830/23*
05/12/2022
Stella Shokur NAZARI
1997Maksim Vitalyevich Simonov
Voskresenskiy
Anti-war protest
Moscow
27/02/2022
article 20.2 § 5 of CAO
fine of
RUB 15,000
Moscow City Court
09/08/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station from 4.30 p.m. on 27/02/2022 until 2 a.m. on 28/02/2022 after compiling an offence report;
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 the police officers on whose written statements the conviction was based.
1837/23*
05/12/2022
Yekaterina Sergeyevna MEDVEDEVA
1990Maksim Vitalyevich Simonov
Voskresenskiy
Anti-war protest
Moscow
27/02/2022
article 20.2 § 5 of CAO
fine of
RUB 15,000
Moscow City Court
09/08/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station from 4.30 p.m. on 27/02/2022 until 2 a.m. on 28/02/2022 after compiling an offence report;
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 the police officers on whose written statements the applicant’s conviction was based.
2030/23*
06/12/2022
Yelizaveta Anatolyevna VOLOVATOVA
1995Anti-war protest
Moscow
27/02/2022
article 20.2 § 5 of CAO
fine of
RUB 20,000
Moscow City Court
15/08/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station from 6.30 p.m. on 27/02/2022 until 12.10 a.m. on 28/02/2022 for compiling an offence report;
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 the police officers on whose written statements the conviction was based.
2076/23*
03/12/2022
Andrey Petrovich KONOPLEV
1981Natalya Andreyevna Baranova
Moscow
Anti-war protest
Moscow
27/02/2022
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
09/08/2022
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 the police officers on whose written statements the conviction was based.
2362/23*
05/12/2022
Yekaterina Aleksandrovna GULYNINA
1998Anti-war protest
Moscow
27/02/2022
article 20.2 § 5 of CAO
fine of
RUB 15,000
Moscow City Court
05/08/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station from 4.35 p.m. on 27/02/2022 until 1.20 a.m. on 28/02/2022 for compiling an offence report;
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) - unfair trial in administrative offence proceedings - various deficiencies of the administrative-offence proceedings (no possibility to adduce evidence in support of the applicant’s account of events; inability to cross-examine in the trial the police officers on whose written statements the conviction was based; denial of access to a lawyer at the police station).
3659/23
19/12/2022
Valeriya Igorevna OLEYNIKOVA
2000Anti-war protest
Moscow
27/02/2022
article 20.2 § 5 of CAO
fine of
RUB 20,000
Moscow City Court
23/08/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station from 6.40 p.m. until 11.50 p.m. on 27/02/2022 for compiling an offence report;
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) - unfair trial in administrative offence proceedings - various deficiencies of the administrative-offence proceedings (refusal of the court to summon defence witnesses; inability to cross-examine in the trial the police officers on whose written statements the conviction was based).
3822/23*
29/12/2022
Aleksey Vitalyevich SHEVCHENKO
1989Anti-war protest
Moscow
27/02/2022
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
05/09/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station from 5.30 p.m. on 27/02/2022 until 12.10 a.m. on 28/02/2022 for compiling an offence report;
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 the police officers on whose written statements the conviction was based.
3832/23*
20/12/2022
Yelizaveta Dmitriyevna KARPOVA
1994Maksim Vitalyevich Simonov
Voskresenskiy
Anti-war protest
Moscow
27/02/2022
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
23/08/2022
Art. 5 (1) - unlawful detention - escorting to the police station from 4.30 p.m. on 27/02/2022 to 2 a.m. on 28/02/2022 for compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
4681/23*
12/01/2023
Anna YATSENKO
2002Anti-war protest
Moscow
27/02/2022
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
13/09/2022
Art. 5 (1) - unlawful detention - escorting to the police station from 5.50 p.m. on 27/02/2022 until 12.30 a.m. on 28/02/2022 for compiling an offence report;
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 the police officers on whose written statements the conviction was based.
4915/23*
12/12/2022
Roman YATSENKO
1975Anti-war protest
Moscow
27/02/2022
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
13/09/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station from 5.50 p.m. on 27/02/2022 until 12.30 a.m. on 28/02/2022 for compiling an offence report;
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 the police officers on whose written statements the conviction was based.
4981/23
08/01/2023
Kirill Andreyevich BELEYEVSKIY
1999Anti-war protest
Moscow
27/02/2022
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
13/09/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station from 4.19 p.m. to 11.15 p.m. on 27/02/2022 for compiling an offence report;
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 the police officers on whose written statements the conviction was based.
6735/23
09/01/2022
Mariya Nikolayevna ORLOVA
1992Anti-war protest
Moscow
27/02/2022
article 20.2 § 5 of CAO
fine of
RUB 20,000
Moscow City Court
09/09/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station from 4.18 p.m. on 27/02/2022 until 6.38 a.m. on 28/02/2022 after compiling an offence report;
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 the police officers on whose written statements the conviction was based.
[1] 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.
[2] Karelin v. Russia , no. 926/08, §§ 58-85, 20 September 2016.
[3] Schatschaschwili v. Germany [GC], no. 9154/10, §§ 100-31, ECHR 2015, and Murtazaliyeva v. Russia [GC], no. 36658/05, §§ 150-59, 18 December 2018.
[4] Kasparov and Others v. Russia (no. 2), no. 51988/07, §§ 48-51, 13 December 2016.
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