Published on 26 June 2023

SECOND SECTION

Application no. 23169/18 Vasiliy Andreyevich VARACHENKOV and Others 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 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

23169/18*

30/04/2018

Vasiliy Andreyevich VARACHENKOV

1995Aleksandr Maksimovich RYABUSHKIN

1992Dmitriy Romanovich GRUZDEV

1992Nikolay Sergeyevich Zboroshenko

Mytishchi

Rally against corruption

Moscow

05/11/2017

article 19.3 § 1 of CAO, article 20.2

§ 6.1 of CAO

Mr Varachenkov: administrative detention 15 days (art. 19.3 § 1) and fine of RUB 15,000 (art. 20.2. 6 § 1)

Mr Ryabushkin: administrative detention 15 days (art. 19.3 § 1) and fine of RUB 10,000 (art. 20.2. 6 § 1)

Mr Gruzdev: fine of RUB 10,000

(art. 20.2. 6 § 1)

Moscow City Court:

08/11/2017 and 28/03/2018 (Mr Varachenkov),

14/11/2017 and 14/03/2018 (Mr Ryabushkin),

28/03/2018

(Mr Gruzdev)

Art. 5 (1) – unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”: from 1.30 p.m. on 05/11/2017 to 06/11/2017 (Mr Gruzdev), and to 07/11/2017, the trials on the applicants’ administrative offence cases (Mr Varachenkov and Mr Ryabushkin) (see Butkevich v. Russia , no. 5865/07, §§ 63-65, 13 February 2018, Tsvetkova and Others v. Russia , nos. 54381/08 and 5 others,

§§ 121-23, 10 April 2018, and Korneyeva v. Russia , no. 72051/17,

§§ 34-36, 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 - in respect of all sets of the administrative-offence proceedings (see Karelin v. Russia , no. 926/08, §§ 51-84, 20 September 2016)

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicants Mr Varachenkov and Mr Ryabushkin were convicted twice for participation in the same public event on 05/11/2017: under art.19.3 § 1 of CAO (administrative detention) and under art.20.2. 6 § 1 of CAO (administrative fines) (see Korneyeva , cited above, §§ 47-65)

Art. 6 (1) - and Art. 6 (3) (d) - in respect of all sets of the administrative-offence proceedings: inability to cross-examine in the open court the police officers on whose written statements the applicants’ conviction was based (see Frumkin v. Russia , no. 74568/12, §§ 154-158, ECHR 2016 (extracts))

Art. 6 (3) (c) - free legal assistance - in respect of Mr Varachenkov who was deprived of access to legal aid (detained on 05/11/2017, 1st-instance hearing on 07/11/2017, the court dismissed the request to adjourn the hearing in order to find a counsel, appeal hearing on 08/11/2017, between hearings the applicant was in detention). On appeal hearings, the applicant was not represented either by a lawyer (see Mikhaylova v. Russia , no. 46998/08, §§ 76-102, 19 November 2015)

23799/18*

10/05/2018

Yuriy Viktorovich KAZAKOV

1965Oleg Aleksandrovich Yelanchik

Moscow

Opposition rally

Moscow

05/11/2017

article 19.3 § 1 of CAO, article 20.2

§ 5 of CAO

administrative detention for 15 days

(art. 19.3 § 1),

fine of RUB 20,000

(art. 20.2 § 5)

Moscow City Court, 10/11/2017 and 30/03/2018

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances” from 4.20 p.m. on 05/11/2017 till the hearing on 07/11/2017 on the administrative offence case (see Butkevich , §§ 63-65, Tsvetkova and Others , §§ 121-23, and Korneyeva , §§ 34-36, all cited above)

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

(see Karelin , cited above, §§ 51-84)

Art. 6 (1) - and Art. 6 (3) (d) - inability to cross-examine in open court police officers on whose written statements the applicant’s conviction was based and to submit evidence, including video recordings, in defence of the applicant’s version of events on an equal footing with the prosecution (see Frumkin , cited above, §§ 154-58)

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was convicted twice for participation in the same public event: under art. 19.3 § 1 of CAO (administrative detention), and under art. 20.2 § 5 of CAO (fine) (see Korneyeva , cited above,

§§ 47-65)

24367/18*

12/05/2018

Daniil Valentinovich VORONTSOV

1982Nadezhda Viktorovna Yermolayeva

Moscow

Opposition rally

Moscow

05/11/2017

article 19.3 § 1 of CAO, article 20.2

§ 5 of CAO

administrative detention of 15 days

(art. 19.3 § 1),

fine of RUB 15,000

(art. 20.2 § 5)

Moscow City Court, 17/11/2017 and 26/03/2018

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings (see Karelin , cited above, §§ 51-84)

Art. 6 (1) - and Art. 6 (3) (d) - in respect of both sets of the administrative offence proceedings: inability to cross-examine in open court police officers on whose written statements the applicant’s conviction was based and to submit evidence, in defence of the applicant’s version of events on an equal footing with the prosecution (see Frumkin , cited above, §§ 154-58)

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was convicted twice for participation in the same public event: under art. 19.3 § 1 of CAO (administrative detention), and under art. 20.2 § 5 of CAO (fine) (see Korneyeva , cited above,

§§ 47-65)

24743/18*

08/05/2018

Maksim Mikhaylovich KOLYBELNIKOV

1985Irina Aleksandrovna Yatsenko

Moscow

Opposition rally

Moscow

05/11/2017

article 19.3 § 1 of CAO, article 20.2

§ 5 of CAO

administrative detention for 15 days

(art. 19.3 § 1),

fine of RUB 15,000

(art. 20.2 § 5)

Moscow City Court, 08/11/2017 and 26/03/2018

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances” from 4 p.m. on 05/11/2017 till the hearing on 07/11/2017 on the administrative-offence case (see Butkevich , §§ 63-65, Tsvetkova and Others , §§ 121-23, and Korneyeva , §§ 34-36, all cited above)

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in respect of both sets of the administrative-offence proceedings (see Karelin , cited above,

§§ 51-84)

Art. 6 (1) - and Art. 6 (3) (d) - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based and to submit evidence, including video recordings, in defence of the applicant’s version of events on an equal footing with the prosecution (see Frumkin , cited above, §§ 154-58)

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was convicted twice for participation in the same public event of 05/11/2017: under art. 19.3 § 1 of CAO (administrative detention), and under art. 20.2 § 5 of CAO (fine)

(see Korneyeva , cited above, §§ 47-65)

24799/18*

13/05/2018

Andrey Vladimirovich IOSS

1972Oleg Aleksandrovich Yelanchik

Moscow

Opposition rally

Moscow

05/11/2017

article 19.3 § 1 of CAO, article 20.2

§ 5 of CAO

administrative detention for 15 days

(art. 19.3 § 1),

fine of RUB 20,000

(art. 20.2 § 5)

Moscow City Court, 13/11/2017 and 12/04/2018

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances” from 4 p.m. on 05/11/2017 till the hearing on 07/11/2017 in the administrative-offence case; no record of administrative detention (see Butkevich , §§ 63-65, Tsvetkova and Others , §§ 121-23, and Korneyeva , §§ 34-36,

all cited above)

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

(see Karelin , cited above, §§ 51-84)

Art. 6 (1) - and Art. 6 (3) (d) - in respect of both sets of the administrative-offence proceedings: inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based and to submit evidence, including video recordings, in defence of the applicant’s version of events on an equal footing with the prosecution

(see Frumkin , cited above, §§ 154-58)

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was convicted twice for participation in the same public event: under art. 19.3 § 1 of CAO (administrative detention), and under art. 20.2 § 5 of CAO (fine) (see Korneyeva , cited above,

§§ 47-65)

30608/18*

18/06/2018

Alexey Sergeyevich ZELENOV

1993Memorial Human Rights Centre

Moscow

Opposition rally

Moscow

12/06/2017

article 19.3 § 1 of CAO, article 20.2

§ 5 of CAO

fines of RUB 1,000 (art. 19.3 § 1) and RUB 15,000

(art. 20.2 § 5)

Moscow City Court, 06/03/2018 and 28/03/2018

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances” from 3.30 p.m. on 12/06/2017 to 0.40 a.m. on 13/06/2017; the time indicated in the record of the administrative arrest was at variance with the time argued by the applicant (see Butkevich , §§ 63-65, Tsvetkova and Others , §§ 121-23, and Korneyeva , §§ 34-36, all cited above)

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

(see Karelin , cited above, §§ 51-84)

Art. 6 (1) - and Art. 6 (3) (d) - inability to cross-examine in open court a 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

(see Frumkin , cited above, §§ 154-58)

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was convicted twice for participation in the same public event: under art. 19.3 § 1 of CAO (fine of RUB 1,000), and under art. 20.2 § 5 of CAO (fine of RUB 15,000) (see Korneyeva , cited above, §§ 47-65)

31415/18*

14/06/2018

Yevgeniy Valikhanovich MUSIN

1980Rally against Mr Putin’s re ‑ election as President

St Petersburg

28/01/2018

Rally against constitutional amendments

St Petersburg

16/07/2020

article 19.3 § 1 of CAO, article 20.2

§ 5 of CAO

article 20.2 § 8

of CAO

fine of RUB 500 (art. 19.3 § 1),

fine of RUB 10,000 (art. 20.2 § 5)

administrative detention of 20 days

St Petersburg City Court, both decisions of the same date

29/03/2018

St Petersburg City Court

21/07/2020

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances” from 02.00 a.m. on 18/07/2020 to 03.20 p.m. on 19/07/2020 (see Butkevich ,

§§ 63-65, Tsvetkova and Others , §§ 121-23, and Korneyeva , §§ 34-36,

all cited above)

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in respect of all sets of the administrative-offence proceedings (see Karelin , cited above,

§§ 51-84)

Art. 6 (1) - and Art. 6 (3) (d) - in respect of the proceedings in 2020: inability to cross-examine in open court the police officers on whose statements the applicant’s conviction was based and to submit evidence in defence of the applicant’s version of events on an equal footing with the prosecution (see Frumkin , cited above, §§ 154-18)

Art. 11 (1) - restrictions on location, time or manner of conduct of public events - the local administration refused to authorise the pickets (“cubes”) the applicant planned to organise “within a radius of 15 meters from the cube” on 12-20/08/2017 (daily pickets to inform of initiatives of Mr Navalnyy). The courts rejected the applicant’s complaint (appeal on 18/12/2017, St Petersburg City Court, last final decision: 07/09/2018, Single Judge of the Supreme Court). The cubes were not authorised as the administration considered that their aim “might be interpreted too broadly”, without specification of what types of issues will be raised (political/economic/social/cultural). The form of the event was also questioned by the administration. There was no proposal for an alternative location. The applicant had not held the pickets as a result (see Lashmankin and Others v. Russia , nos. 57818/09 and 14 others, § 359, 7 February 2017)

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - In respect of the proceedings related to the public event of 28/01/2018: the applicant was convicted twice for participation in the same public event: under art. 19.3 § 1 of CAO (fine of RUB 500), and under art. 20.2 § 5 of CAO (fine of RUB 10,000) (see Korneyeva ,

cited above, §§ 47-65)

38498/18*

06/08/2018

Anton Olegovich ROZHANSKIY

1986Memorial Human Rights Centre

Moscow

Opposition rally

Moscow

12/06/2017

article 19.3 § 1 of CAO, article 20.2

§ 5 of CAO

fine of RUB 1,000 (art. 19.3 § 1),

fine of RUB 10,000 (art. 20.2 § 5)

Moscow City Court, 08/02/2018 and 30/03/2018

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances” from 4.50 p.m. on 12/06/2017 to 2.15 a.m. on 13/06/2017; the time indicated in the record of the administrative arrest was at variance with the time argued by the applicant (see Butkevich , §§ 63-65, Tsvetkova and Others , §§ 121-23, and Korneyeva , §§ 34-36, all cited above);

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in respect of both sets of the administrative-offence proceedings (see Karelin , cited above,

§§ 51-84)

Art. 6 (1) - and Art. 6 (3) (d) - in respect of both sets of the administrative-offence proceedings: inability to cross-examine in open court police officers on whose written statements the applicant’s conviction was based and to submit evidence, including video recordings, in defence of the applicant’s version of events on an equal footing with the prosecution (see Frumkin , cited above, §§ 154-58)

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was convicted twice for participation in the same public event: under art. 19.3 § 1 of CAO (fine of RUB 1,000), and under art. 20.2 § 5 of CAO (fine of RUB 10,000) (see Korneyeva ,

cited above, §§ 47-65)

47202/18*

19/09/2018

Ilya Mikhaylovich GANTVARG

1999Maksim Vladimirovich Olenichev

St Petersburg

Rally against Mr Putin’s re ‑ election as President

St Petersburg

28/01/2018

article 19.3 § 1 of CAO, article 20.2

§ 5 of CAO

administrative detention for 10 days

(art.19.3 § 1),

fine of RUB 15,000 (art.20.2 § 5)

St Petersburg City Court, 19/03/2018 and 26/04/2018

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances” from 5.30 p.m. on 12/03/2018 till the hearing on 13/03/2018 in the administrative-offence case (see Butkevich , §§ 63-65, Tsvetkova and Others , §§ 121-23, and Korneyeva , §§ 34-36, all cited above)

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in respect of both sets of the administrative-offence proceedings (see Karelin , cited above,

§§ 51-84)

Art. 6 (1) and Art. 6 (3) (d) - in respect of both sets of the administrative-offence proceedings: inability to cross-examine in open court police officers on whose written statements the applicant’s conviction was based and to submit evidence, including video recordings, in defence of the applicant’s version of events on an equal footing with the prosecution (see Frumkin , cited above, §§ 154-58)

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was convicted twice for participation in the same public event: under art. 19.3 § 1 of CAO (administrative detention), and under art. 20.2 § 5 of CAO (fine) (see Korneyeva , cited above,

§§ 47-65)

47908/18*

09/09/2018

Sergey Andreyevich BOYKO

1983Andzhelika Viktorovna Chernyavskaya

Oktyabrskiy

Anticorruption rally

Novosibirsk

30/09/2017

article 20.2 § 5

of CAO

fine of RUB 10,000

Novosibirsk Regional Court

27/03/2018

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”:

- from 4.00 p. m. on 21/05/2018 to an unspecified time on 22/05/2018 (the hearings in the applicant’s administrative offence case related to calls to participate in an unauthorised public event on 05/05/2018),

- from 2.40 p.m. on 09/09/2018 to the beginning of the hearings in the applicant’s administrative offence case related to calls to participate in an unauthorised public event of the same day (see Butkevich , §§ 63-65, Tsvetkova and Others , §§ 121-23, and Korneyeva , §§ 34-36,

all cited above)

Art. 10 (1) - conviction for making calls to participate in public events: 1) Conviction under article 20.2 § 8 of the CAO for calls to participate in unauthorised manifestation on 05/05/2018 published in Twitter / 30 days of administrative detention/ final decision: Moscow City Court, 25/05/2018

2) Conviction under article 20.2 § 8 of the CAO for calls to participate in unauthorised manifestation on 09/09/2018 published in social network Vkontakte / 30 days of administrative detention/ final decision: Novosibirsk Regional Court, 12/09/2018, (see Elvira Dmitriyeva v. Russia , nos. 60921/17 and 7202/18, §§ 74-90, 30 April 2019)

49960/18*

10/10/2018

Anton Yevgenyevich ALYABYEV

1999Ivan Yuryevich Zhdanov

Vilnius

Rally against re-election of Mr Putin as President

Voronezh

05/05/2018

article 19.3 § 1 of CAO, article 20.2

§ 5 of CAO

administrative detention of 5 days (art. 19.3 § 1),

fine of RUB 10,000 (art. 20.2 § 5)

Voronezh Regional Court, 21/06/2018 and

05/07/2018

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances” from 06.10 p.m. on 05/05/2018 till the hearings on the administrative-offence case on 06/05/2018 (see Butkevich , §§ 63-65, Tsvetkova and Others , §§ 121-23, and Korneyeva , §§ 34-36, all cited above)

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in respect of both sets of the administrative-offence proceedings (see Karelin ,

cited above, §§ 51-84)

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was convicted twice for participation in the same public event: under art. 19.3 § 1 of CAO (administrative detention), and under art. 20.2 § 5 of CAO (fine) (see Korneyeva ,

cited above, §§ 47-65)

49965/18*

10/10/2018

Denis Sergeyevich PYLEV

1987Ivan Yuryevich Zhdanov

Vilnius

Rally against Mr Putin’s re-election as President

Voronezh

05/05/2018

article 19.3 § 1 of CAO, article 20.2

§ 5 of CAO

administrative detention of 5 days (art. 19.3 § 1),

fine of RUB 10,000 (art. 20.2 § 5)

Voronezh Regional Court, 25/06/2018 and

04/06/2018

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances” from 7.10 p.m. on 05/05/2018 till the hearings on 06/05/2018 in the administrative-offence case (see Butkevich , §§ 63-65, Tsvetkova and Others , §§ 121-23, and Korneyeva , §§ 34-36, all cited above)

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in respect of both sets of the administrative-offence proceedings (see Karelin ,

cited above, §§ 51-84)

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was convicted twice for participation in the same public event: under art. 19.3 § 1 of CAO (administrative detention), and under art. 20.2 § 5 of CAO (fine) (see Korneyeva ,

cited above, §§ 47-65)

50046/18*

10/10/2018

Sergey Gennadyevich KARPENKO

1981Ivan Yuryevich Zhdanov

Vilnius

Rally against Mr Putin’s re ‑ election as President

Voronezh

05/05/2018

article 19.3 § 1 of CAO, article 20.2

§ 5 of CAO

administrative detention of 2 days (art. 19.3 § 1),

fine of RUB 5,000 (art. 20.2 § 5)

Voronezh Regional Court, 21/06/2018 and

04/07/2018

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances” from 7.00 p.m. on 05/05/2018 till the hearings on 06/05/2018 on the applicant’s administrative-offence case (see Butkevich , §§ 63-65, Tsvetkova and Others , §§ 121-23, and Korneyeva , §§ 34-36, all cited above)

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in respect of both sets of the administrative-offence proceedings (see Karelin ,

cited above, §§ 51-84)

Art. 6 (1) and Art. 6 (3) (d) - in respect of both sets of the administrative-offence proceedings: inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based (see Frumkin , cited above, §§ 154-158)

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was convicted twice for participation in the same public event: under art. 19.3 § 1 of CAO (administrative detention), and under art. 20.2 § 5 of CAO (fine) (see Korneyeva ,

cited above, §§ 47-65)

50537/18*

10/10/2018

Vladislav Dmitriyevich TOLSTOV

1995Ivan Yuryevich Zhdanov

Vilnius

Rally against Mr Putin’s re ‑ election as President

Voronezh

05/05/2018

article 19.3 § 1 of CAO, article 20.2

§ 5 of CAO

administrative detention of 5 days (art. 19.3 § 1),

fine RUB 10,000 (art. 20.2 § 5)

Voronezh Regional Court (both decisions on the same date)

21/06/2018

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances” from 07.15 p.m. on 05/05/2018 till the hearings on 06/05/2018 on the applicant’s administrative-offence case (see Butkevich , §§ 63-65, Tsvetkova and Others , §§ 121-23, and Korneyeva , §§ 34-36, all cited above)

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in respect of both sets of the administrative-offence proceedings (see Karelin ,

cited above, §§ 51-84)

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was convicted twice for participation in the same public event: under art. 19.3 § 1 of CAO (administrative detention), and under art. 20.2 § 5 of CAO (fine) (see Korneyeva ,

cited above, §§ 47-65)

50820/18*

10/10/2018

Vasiliy Aleksandrovich KOREPANOV

1997Ivan Yuryevich Zhdanov

Vilnius

Rally against Mr Putin’s re ‑ election as President

St Petersburg

05/05/2018

article 19.3 § 1 of CAO, article 20.2

§ 5 of CAO

fine of RUB 500 (art. 19.3 § 1),

fine of RUB 10,000 (art. 20.2 § 5)

St Petersburg City Court (both decisions of the same date)

19/06/2018

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence, from 5.30 p.m. on 05/05/2018 to an unspecified time (see Butkevich , §§ 63-65, Tsvetkova and Others , §§ 121-23, and Korneyeva ,

§§ 34-36, all cited above)

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in respect of both sets of the administrative-offence proceedings (see Karelin ,

cited above, §§ 51-84)

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was convicted twice for participation in the same public event: under Art. 19.3 § 1 of CAO (fine of RUB 500), and under Art. 20.2 § 5 of CAO (fine of RUB 10,000) (see Korneyeva ,

cited above, §§ 47-65)

50823/18*

10/10/2018

Dmitriy Sergeyevich KANONYKHIN

1997Ivan Yuryevich Zhdanov

Vilnius

Rally against Mr Putin’s re ‑ election as President

Voronezh

05/05/2018

article 19.3 § 1 of CAO, article 20.2

§ 5 of CAO

administrative detention of 5 days (art. 19.3 § 1),

fine of RUB 10,000 (art. 20.2 § 5)

Voronezh Regional Court, both decisions of the same date

20/06/2018

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances” from 6.00 p.m. on 05/05/2018 till the hearings on the applicant’s administrative-offence case on 06/05/2018 (see Butkevich , §§ 63-65, Tsvetkova and Others , §§ 121-23, and Korneyeva , §§ 34-36, all cited above)

Art. 6 (1) - lack of impartiality of tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in respect of both sets of the administrative-offence proceedings (see Karelin ,

cited above, §§ 51-84)

Art. 6 (1) - and Art. 6 (3) (d) - in respect of both sets of the administrative-offence proceedings: impossibility to cross-examine police officers on whose statements the applicant’s conviction was based (see Frumkin ,

cited above, §§ 154-58)

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was convicted twice for participation in the same public event: under art. 19.3 § 1 of CAO (administrative detention) and under art. 20.2 § 5 of CAO (fine) (see Korneyeva ,

cited above, §§ 47-65)

50828/18*

10/10/2018

Yaroslav Yevgenyevich ZUBOTAREV

1998Ivan Yuryevich Zhdanov

Vilnius

Rally against Mr Putin’s re ‑ election as President

Voronezh

05/05/2018

article 19.3 § 1 of CAO, article 20.2

§ 5 of CAO

administrative detention of 5 days (art. 19.3 § 1),

fine of RUB 10,000 (art. 20.2 § 5)

Voronezh Regional Court, both decisions on the same date

15/06/2018

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances” from 6.40 p.m. on 05/05/2018 till the hearings on 06/05/2018 on the applicant’s administrative-offence case (see Butkevich , §§ 63-65, Tsvetkova and Others , §§ 121-23, and Korneyeva , §§ 34-36, all cited above)

Art. 6 (1) - lack of impartiality of tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in respect of both sets of the administrative-offence proceedings (see Karelin ,

cited above, §§ 51-84)

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was convicted twice for participation in the same public event: under art. 19.3 § 1 of CAO (administrative detention), and under art. 20.2 § 5 of CAO (fine) see Korneyeva ,

cited above, §§ 47-65)

51361/18*

18/10/2018

Mariya Vladimirovna ALEKHINA

1988Rally in support of Telegram

Moscow

16/04/2018

Rally of four people against police abuse

Moscow

28/11/2020

Rally in commemoration of the First World War (the applicant could not participate because she was apprehended by the police before)

Moscow

22/06/2021

article 20.2.2 § 1 of CAO

article 20.2 § 5 of CAO

article 19.3 § 1 of CAO

community works of 100 hours

fine of RUB 15,000

administrative detention of 15 days

Moscow City Court

20/04/2018

Moscow City Court

12/03/2021

Moscow City Court

30/06/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence on 02/12/2020 from 6.30 p.m. to 9.00 p.m. (see Butkevich , §§ 63-65, Tsvetkova and Others , §§ 121-23, and Korneyeva , §§ 34-36, all cited above)

Art. 5 (3) - excessive length of pre-trial detention - the applicant was under house arrest from 29/01/2021 to 20/09/2021. She claims, notably, that the domestic courts extended her house arrest by using formulaic reasoning and listing the grounds provided for by the Code of Criminal Procedure (such as the gravity of the offence, the possibility of the applicant absconding, putting pressure on witnesses, and interfering with the investigation), without linking them to the circumstances of the applicant’s case or verifying whether these grounds remained valid at the advanced stages of the proceedings. The appellate courts reproduced the wording of the first ‑ instance courts’ decisions and dismissed the applicant’s appeals against the house arrest orders (see Dirdizov v. Russia , no. 41461/10,

§§ 108-11,27 November 2012)

Art. 5 (4) - excessive length of judicial review of detention - appeal against the decision of the Preobrazhenskiy District Court of Moscow of 23/07/2021 extending the applicant’s house arrest considered by the Moscow City Court on 19/08/2021 (see Idalov v. Russia ([GC], no. 5826/03, 22 May 2012)

Art. 6 (1) - lack of impartiality of tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in respect of all sets of the administrative-offence proceedings (see Karelin ,

cited above, §§ 51-84)

Art. 6 (1) - and Art. 6 (3) (d) - in respect of the proceedings in 2018 (final judgment - Moscow City Court, 20/04/2018) and 2021 (final judgments - Moscow City Court, 12/03/2021, 30/06/2021) inability to cross-examine police officers who draw up the administrative-offence records and on whose written statements the applicant’s convictions were based (see Frumkin , cited above, §§ 154-58)

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentences of administrative detention imposed on the applicant on 23/06/2021 and 08/07/2021 were executed immediately, on account of the lack of suspensive effect of an appeal under the CAO (see Tsvetkova and Others, cited above, §§ 179-191; Martynyuk v. Russia , no. 13764/15,

§§ 38-42, 8 October 2019)

58337/18*

18/11/2018

Ivan Sergeyevich MONIKOV

1984Ivan Yuryevich Zhdanov

Vilnius

Rally against Mr Putin’s re ‑ election as President

St Petersburg

05/05/2018

article 19.3 § 1 of CAO, article 20.2

§ 5 of CAO

administrative detention of 5 days (art. 19.3 § 1),

fine of RUB 15,000 (art. 20.2 § 5)

St Petersburg City Court (both decisions of the same date)

29/05/2018

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances” from 5.50 p.m. on 05/05/2018 till the hearings on 06/05/2018 on the applicant’s administrative-offence case (see Butkevich , §§ 63-65, Tsvetkova and Others , §§ 121-23, and Korneyeva , §§ 34-36, all cited above)

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in respect of both sets of the administrative-offence proceedings (see Karelin ,

cited above, §§ 51-84)

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was convicted twice for participation in the same public event: under art. 19.3 § 1 of CAO (administrative detention), and under art. 20.2 § 5 of CAO (fine) see Korneyeva ,

cited above, §§ 47-65)

58871/18*

30/11/2018

Vladimir Yuryevich SHIPITSYN

1969Rally for peace and cooperation with western countries

St Petersburg

01/05/2018

Rally in support of Crimean Tatars

St Petersburg

18/05/2020

article 19.3 § 1 of CAO, article 20.2

§ 5 of CAO

article 20.2 § 2 of CAO

fine of RUB 900 (art. 19.3 § 1),

fine of RUB 10,000 (art. 20.2 § 5)

community works of 40 hours

St Petersburg City Court, 30/05/2018 and 26/06/2018

St Petersburg City Court

22/12/2020

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”:

- from 12.30 a.m. to 11.45 p.m. on 01/05/2018,

- from 12.50 a.m. to 5.30 p.m. on 08/05/2018, the hearings on the applicant’s administrative-offence case,

- from 03.00 p.m. on 01/07/2020 to 02/07/2020, the hearings on the applicant’s administrative-offence case (see Butkevich , §§ 63-65, Tsvetkova and Others , §§ 121-23, and Korneyeva , §§ 34-36, all cited above)

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - - in respect of all (three) sets of the administrative-offence proceedings (see Karelin , cited above, §§ 51-84)

Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses – in respect of the rally of 18/05/2020 - inability to cross-examine in open court police officer on whose written statement the conviction was based (see Frumkin , cited above, §§ 154-58)

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was convicted twice for participation in the same public event of 01/05/2018: under art. 19.3 § 1 of CAO (fine of RUB 900), and under art. 20.2 § 5 of CAO (fine of RUB 10,000) see Korneyeva , cited above, §§ 47-65)

59755/18

04/12/2018

Aleksandra Aleksandrovna TIMOFEYEVA

1998Aleksey Vladimirovich Glukhov

Novocheboksarsk

"Hybrid rally" (march and meeting) in support of A. Navalnyy

Cheboksary

05/05/2018

article 20.2 § 5 of CAO, article 19.3

§ 1 of CAO

fine of RUB 10,000, community works of 20 hours (two separate proceedings under art. 20.2 § 5), and fine of RUB 500 (under art. 19.3 § 1)

Supreme Court of the Chuvashia Republic, respectively on 07/06/2018, 05/06/2018 and

14/06/2018

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in respect of all sets of the administrative-offence proceedings (see Karelin ,

cited above, §§ 51-84)

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was convicted three times for participating in the same public event: under art. 20.2 § 5 of the CAO (fine of RUB 10,000 and 20 hours of community service), and under art. 19 § 3.1 of the CAO (fine of RUB 500) (see Korneyeva , cited above, §§ 47-65)

59761/18

04/12/2018

Sergey Vladimirovich YEGOROV

1993Aleksey Vladimirovich Glukhov

Novocheboksarsk

"Hybrid rally" (march and meeting) in support of A. Navalnyy

Cheboksary

05/05/2018

article 20.2 § 5 of CAO, article 19.3

§ 1 of CAO

community works of 20 hours

(art. 20.2 § 5),

fine of RUB 500 (art. 19.3 § 1)

Supreme Court of the Chuvashia Republic, 05/06/2018 and

15/06/2018

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in respect of both sets of the administrative-offence proceedings (see Karelin ,

cited above, §§ 51-84)

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was convicted twice for participation in the same public event: under art. 19.3 § 1 of CAO (fine), and under art. 20.2 § 5 of CAO (community works) (see Korneyeva , cited above, §§ 47-65)

8435/20*

24/01/2020

Yuliya Yevgenyevna CHAPURINA

1991Igor Nikolayevich Sholokhov

Kazan

“Hybrid” rally against construction of waste incineration plant

Arkhangelsk

07/04/2019

article 20.2 § 5 of CAO, article 20.2 § 6.1 of CAO

two fines of RUB 10,000 each

Arkhangelsk Regional Court

05/12/2019 and 17/10/2019

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 proceedings (final decisions - Arkhangelsk Regional Court, 17/10/2019, 05/12/2019 and 02/06/2022) (see Karelin , cited above, §§ 51-84)

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was convicted twice for participation in the same public event: under art. 20.2 § 5 CAO and under art. 20.2 § 6.1 of CAO (both times he was punished by a fine) for one public “hybrid” event (see Korneyeva , cited above, §§ 47-65)

Art. 10 (1) - disproportionate measures against solo demonstrators - solo-picket against the war in Ukraine in Arkhangelsk on 03/04/2022; conviction under Art. 20.3.3 § 1 of CAO, fine of RUB 40,000; final: 02/06/2022, Arkhangelsk Regional Court (see Novikova and Others v. Russia , nos. 25501/07 and 4 others, §§ 106-215,

26 April 2016)

11142/21*

01/02/2021

Vitaliy Andreyevich SOKOLOV

1983Memorial Human Rights Centre

Moscow

Anti-corruption rally

Moscow

15/07/2020

article 20.2 § 6.1 of CAO

fine of RUB 20,000

Moscow City Court

08/09/2020

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police office for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 10.30 p.m. on 15/07/2020 to 5.20 a.m. on 16/07/2020 (see Butkevich , §§ 63-65, Tsvetkova and Others , §§ 121-23, and Korneyeva , §§ 34-36,

all cited above)

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

cited above, §§ 51-84)