KARGASHIN v. RUSSIA and 23 other applications
Doc ref: 4815/18 • ECHR ID: 001-225693
Document date: June 1, 2023
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Published on 26 June 2023
THIRD SECTION
Application no. 4815/18 Dmitriy Vladimirovich KARGASHIN against Russia and 23 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 1 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 5 § 1 of the Convention relating to unlawful detention (deprivation of liberty) which are the subject of well-established case law of the Court (see Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, 26 June 2018, Rozhkov v. Russia (no. 2), no. 38898/04, §§ 91-96, 31 January 2017, Butkevich v. Russia, no. 5865/07, § 67, 13 February 2018, Kuptsov and Kuptsova v. Russia, no. 6110/03, § 81, 3 March 2011 and Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018).
APPENDIX – STATEMENT OF FACTS
List of applications raising complaints under Article 5 § 1 of the Convention (unlawful detention (deprivation of liberty))
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Start date of unauthorised detention
End date of unauthorised detention
Specific defects
Other complaints under well-established case-law
4815/18
19/01/2018
Dmitriy Vladimirovich KARGASHIN
1989Memorial Human Rights Centre
Moscow
26/03/2017,
4.50 p.m.
27/03/2017, 1.30 a.m.
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: 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)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision taken by the Moscow City Court on 20/07/2017, 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 - the applicant was unable to examine police officers on whose written statements his conviction was based
6553/18*
24/01/2018
Igor Nikolayevich TYMCHUK
1964Memorial Human Rights Centre
Moscow
26/03/2017
27/03/2017
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)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision taken by the Moscow City Court on 24/07/2017, fine of RUB 15,000;
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - failure to obtain attendance of the witnesses (police officers on whose written statements the conviction was based)
9367/18*
16/02/2018
Pavel Vladimirovich BOSENKO
1996Memorial Human Rights Centre
Moscow
26/03/2017, 4.07 p.m.
27/03/2017,
1 a.m.
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: 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)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision taken by the Moscow City Court on 04/09/2017, fine of RUB 20,000
12053/18
03/03/2018
Aleksey Andreyevich KHARITONOV
1990Memorial Human Rights Centre
Moscow
26/03/2017
26/03/2017
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)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision taken by the Moscow City Court on 04/09/2017, fine of RUB 20,000;
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - failure to obtain attendance of the witnesses (police officers on whose written statements the conviction was based)
42476/18*
20/08/2018
Gabriyel Eduardovich ARUTYUNOV
1978Tatyana Aleksandrovna Tretyak
Gelendzhik
20/07/2018, Supreme Court of the Adygeya Republic quashed the applicant’s conviction on appeal and remitted the case for a fresh consideration to the trial court
14/08/2018
Authorities’ failure to specify the period of pre-trial detention (see Logvinenko v. Russia, no. 44511/04,
§§ 35-39, 17 June 2010)
2555/19*
29/12/2018
Sergey Gennadyevich VORONOV
1969Ani Mesropovna Agagyulyan
Moscow
17/08/2018, 12.45 a.m.
17/08/2018, 10.33 a.m.
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). 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). 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)
10336/20*
04/02/2020
Anna Viktorovna KITAYEVA
1985Yekaterina Borisovna Belova
Moscow
13/11/2018
13/11/2018
Forced attendance without evidence of proper summons to appear or of failure by the applicant to comply without a valid excuse (see Rozhkov v. Russia (no. 2), no. 38898/04,
§§ 91-96, 31 January 2017)
Art. 3 - torture or inhuman or degrading treatment - Ineffective investigation of the alleged rape and assault which took place on 28/04/2016. On 15/06/2016 the applicant reported the crimes. The criminal investigation was opened on 28/08/2018. It was subsequently discontinued for lack of corpus delicti (rape) and as time-barred (assault). The latest decision on the matter was taken by the Oktyabrskiy District Court of Vladimir on 09/12/2021 refusal to restore the time-limit for appeal)
13493/21*
15/02/2021
Ilnur Mingaliyevich KABIROV
1987Rushan Rafisovich Kabirov
Kazan
05/10/2020
05/10/2020
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). 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). 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)
31403/21*
21/05/2021
Andrey Sergeyevich YAKOVLEV
1976Kseniya Andreyevna Soroka
Moscow
13/12/2020
25/12/2020
Lack of legal basis for detention owing to the higher court’s omission to extend the applicant’s detention following the quashing of the first-instance court detention order or a conviction/appeal decision on conviction (see Kuptsov and Kuptsova v. Russia, no. 6110/03, § 81, 3 March 2011). Breach of Code of Criminal Procedure in applying detention
35893/21*
01/07/2021
Vladlen Kornelevich LOS
1990Vyacheslav Ilyich Gimadi
Vilnius
21/01/2021
22/01/2021
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)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision taken by the Moscow City Court on 12/02/2021, 3 days’ administrative detention
40516/21
25/07/2021
Mansur Idrisovich GILMANOV
1990Aleksandr Dmitriyevich Peredruk
St Petersburg
21/01/2021, 6.55 p.m.
22/01/2021
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 - Moscow City Court, 26/01/2021, 5 days’ administrative detention;
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the applicant started serving his sentence of administrative arrest before the appeal judgment was delivered (see Tsvetkova and Others, §§ 179-91; Martynyuk v. Russia, §§ 38 ‑ 42)
40670/21
25/07/2021
Aliya Ramilevna ILYASOVA
1991Varvara Dmitriyevna Mikhaylova
St Petersburg
23/01/2021
24/01/2021
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). 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). 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) - 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;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision taken by the St Petersburg City Court on 04/02/2021, fine of RUB 10,000
47438/21*
11/09/2021
Aleksey Vladimirovich SOLOVYEV
1982Rushan Rafisovich Kabirov
Kazan
08/05/2021,
3 p.m.
09/05/2021,
3 a.m.
Detention as an administrative suspect: no written record of the administrative arrest (Art. 27.4 CAO) (see Timishev v. Russia [Committee], no. 47598/08, § 21, 28 November 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)
49278/21*
18/09/2021
Dmitriy Nikolayevich PANIN
1994Yeva Viktorovna Levenberg
Moscow
31/01/2021
01/02/2021
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)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision taken by the Moscow City Court on 18/03/2021, 10 days’ administrative detention
53222/21*
05/10/2021
Polina Igorevna RADETSKAYA
2002Leonid Alkhasovich Abgadzhava
Moscow
31/01/2021
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)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - 06/04/2021 Moscow City Court, 3 days’ administrative detention
54888/21*
14/10/2021
Vladimir Ivanovich TOLCHENNIKOV
1987Sergey Dmitriyevich BELIKOV
1987Ernest Aleksandrovich Mezak
Saint-Barthélemy d’Anjou
23/01/2021
23/01/2021
Applicants 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)
60627/21*
04/12/2021
Yuriy Vladimirovich PEREPECHAY
1988Andrey Albertovich Bityutskiy
Khabarovsk
05/09/2019
06/09/2019
(The final decision on the matter was taken by the Khabarovsk Regional Court on 06/07/2021)
Delay of more than a few hours in releasing the applicant (see Butkevich v. Russia, no. 5865/07, § 67, 13 February 2018)
951/22*
15/12/2021
Aleksey Vladimirovich GORDIYENKO
1978Aleksandr Vladimirovich Kiryanov
Taganrog
13/08/2020,
12.44 p.m.
15/08/2020, 3.30 p.m.
13/08/2020, 9.30 p.m.
15/08/2020, 5.50 p.m.
Forced attendance without evidence of proper summons to appear or of failure by the applicant to comply without a valid excuse (see Rozhkov v. Russia (no. 2), no. 38898/04, §§ 91-96, 31 January 2017), Detention (criminal) for more than three hours without any written record (see Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, §§ 76-79, 26 June 2018)
Art. 8 (1) - secret surveillance - Interception of telephone communications authorised, apparently on multiple occasions, by the Leninskiy District Court of Rostov-on-Don from 06/07/2021 to 19/08/2021. The applicant was refused access to the decisions authorising the interception. As it transpires from decisions regarding other suspects in the criminal proceedings, the courts possibly did not verify the existence of a “reasonable suspicion†and did not apply the “necessity in a democratic society testâ€;
Art. 13 - lack of any effective remedy in domestic law in respect of secret surveillance
35612/22
29/06/2022
Vladislav Aleksandrovich NEZNAMOV
1997Aleksey Alekseyevich Levchenko
Rostov-on-Don
06/03/2022,
3.20 p.m.
07/03/2022, 10.00 a.m.
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), 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. 10 (1) - disproportionate measures against solo demonstrators - 06/04/2022, at 5.20 p.m.; Pushkinskaya street, Rostov-on-Don; solo picket against the war in Ukraine (holding a banner with the text "No war! Do not trust propaganda". Administrative charges and penalty:
Article 19.3 § 1 of CAO (refusal to present an ID upon the police’s request), 10 days’ administrative detention. Final domestic court decision: Rostov Regional Court, 30/05/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision taken by the Rostov Regional Court on 30/05/2022, 10 days’ administrative detention,
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 police officers who arrested him. He sought to challenge the official record stating that he had refused to produce an ID,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the applicant started serving his sentence – administrative arrest – before the appeal judgment was delivered (see Tsvetkova and Others, §§ 179-91; Martynyuk v. Russia, §§ 38-42)
36737/22*
30/06/2022
Nadezhda Viktorovna BOGDANOVA
1993Aleksey Alekseyevich Levchenko
Rostov-on-Don
06/03/2022
07/03/2022
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 - final decision taken by the Rostov Regional Court on 11/03/2022, 15 days’ administrative detention;
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - the fact that the applicant refused to comply with an order of a police officer was established on the basis of the reports prepared by the arresting police officers. The applicant was unable to confront them in the court;
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the applicant started serving administrative detention before the court’s decision was considered on appeal and entered into force on 11/03/2022
38105/22*
14/07/2022
Semen Viktorovich ALEKSIN
1995Aleksandra Nikolayevna Bayeva
Moscow
06/03/2022
06/03/2022
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 - final decision taken by the Tyumen Regional Court on 20/04/2022, fine of RUB 30,000
39022/22*
29/07/2022
Valeriya Vladimirovna BUKREYEVA
2001Irina Vladimirovna Gak
Rostov-on-Don
28/02/2022
01/03/2022
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 - final decision taken by the Rostov Regional Court on 29/03/2022, 7 days’ administrative arrest;
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 question witnesses P. and K. on
whose statements her conviction was based;
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - lack of suspensive effect of an appeal against the sentence of administrative arrest, immediate execution of that sentence after conviction by a trial court (Martynyuk,
§§ 37-43; Tsvetkova and others, §§ 179-91)
925/23
28/11/2022
Irina Sergeyevna STATIVKA
2001Yuliya Valeryevna Malinina
Moscow
22/04/2022
22/04/2022
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 – St Peterburg City Court, 28/07/2022; fine of RUB 30,000;
Art. 10 (1) - various restrictions on the right to freedom of expression - on 22/04/2022 the applicant was found guilty of having made an anti-war graffiti on the facade of the building in St Petersburg with an anti-war statement (Z-za...). She was arrested on 22/04/2022 and an administrative offence record under Art. 20.3.3 of the CAO (Discredit war) was drawn up. On 01/06/2022, the Smolninskiy District Court of St Petersburg convicted the applicant thereof and sentenced her to a fine of RUB 30,000. Upheld by the St Petersburg City Court on 28/07/2022.
5377/23*
26/01/2023
Emiliya Minibayevna PSHENICHNOVA
1986Irina Vadimovna Sergeyeva
Moscow
12/05/2022,
6.45 p.m.
13/05/2022
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)
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - 27/09/2022, Moscow City Court, administrative detention of 10 days;
Art. 10 (1) - conviction for making calls to participate in public events - conviction under Article 20.2 § 2 of the CAO for calls to participate in unauthorised manifestation published in social network Twitter / 10 days of administrative detention/ Moscow City Court, 27/09/2022 (final);
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 13/05/2022 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO (see Tsvetkova and Others v. Russia, §§ 179-91; Martynyuk v. Russia, §§ 38 ‑ 42)
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