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MOLCHANOV v. RUSSIA and 27 other applications
Doc ref: 43487/21 • ECHR ID: 001-225682
Document date: June 1, 2023
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MOLCHANOV v. RUSSIA and 27 other applications
Doc ref: 43487/21 • ECHR ID: 001-225682
Document date: June 1, 2023
Cited paragraphs only
Published on 26 June 2023
SECOND SECTION
Application no. 43487/21 Pavel Valeryevich MOLCHANOV against Russia and 27 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
43487/21*
11/08/2021
Pavel Valeryevich MOLCHANOV
1976Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Moscow
31/01/2021
Article 20.2 § 6.1 of CAO
detention for 10 days
Moscow City Court
12/02/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.30 p.m. on 31/01/2021 until 5.30 p.m. on 02/02/2021 [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 police officers on whose written statements his conviction was based [3] ;
Prot. 7 Art. 2 - right of appeal against criminal conviction / sentence - 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] .
43490/21*
11/08/2021
Vladimir Vladimirovich ORLOV
1995Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
St Petersburg
31/01/2021
Article 20.2.2 § 1 of CAO
detention for 12 days
St Petersburg City Court
11/02/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.27 p.m. on 31/01/2021 until 12.20 p.m. on 02/02/2021;
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 his 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.
49077/21*
28/09/2021
Olga Aleksandrovna VAREGINA
1986Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Pyatigorsk
31/01/2021
Article 20.2.2 § 1 of CAO
detention for 1 day
Stavropol Regional Court
31/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.20 p.m. on 31/01/2021 to 4.30 p.m. on 01/02/2021.
49082/21*
28/09/2021
Yuriy Nikolayevich TSEPIN
1969Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Pskov
23/01/2021
Article 20.2 § 5 of CAO
fine of RUB 20,000
Pskov Regional Court
05/04/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 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 police officers on whose written statements his conviction was based.
49108/21*
28/09/2021
Yelena Vladimirovna LUSHINA
1993Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Moscow
23/01/2021
Article 20.2 § 6.1 of CAO
fine of RUB 10,000
Moscow City Court
30/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 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 police officers on whose written statements his conviction was based;
Art. 6 (1) - lack of fair hearing - the applicant’s absence from the first-instance court hearing.
49184/21*
30/09/2021
Mikhail Gennadyevich YEGOROCHKIN
2000Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Moscow
31/01/2021
Article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
02/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 5.10 p.m. on 31/01/2021 until 3.40 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 his conviction was based.
49193/21
30/09/2021
Yekaterina Aleksandrovna VELIKAYA
1987Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Penza
23/01/2021
Article 20.2 § 6.1 of CAO
fine of RUB 12,000
Penza Regional Court
01/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 8.10 a.m. on 23/01/2021 until 1.30 p.m. on 23/01/2021;
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 his conviction was based.
49203/21*
30/09/2021
Aleksandr Ivanovich SVITLIK
1991Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Moscow
23/01/2021
Article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
16/04/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 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 police officers on whose written statements his conviction was based.
49205/21
28/09/2021
Nikita Ruslanovich MIKHONIN
1997Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Moscow
31/01/2021
Article 20.2 § 6.1 of CAO
fine of RUB 10,000
Moscow City Court
20/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.30 p.m. on 31/01/2021 until 2.30 p.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 his conviction was based.
49219/21
22/09/2021
Aleksandr Dmitriyevich RAZDOBURDIN
1991Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
St Petersburg
31/01/2021
Article 20.2 § 2 of CAO
detention for 4 days
St Petersburg City Court
25/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report 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.
49220/21*
30/09/2021
Nadezhda Sergeyevna NEZNAYEVA
1999Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Moscow
02/02/2021
Article 20.2 § 6.1 of CAO
detention for 10 days
Moscow City Court
06/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.55 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 his 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.
49233/21*
22/09/2021
Maksim Eduardovich BORODULIN
1992Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
St Petersburg
31/01/2021
Article 20.2 § 2 of CAO
fine of RUB 10,000
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 2.00 p.m. on 31/01/2021 to 1.00 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.
49237/21
30/09/2021
Albina Vladislavovna PUKHOVA
1965Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Nizhniy Novgorod
31/01/2021
Article 20.2 § 5 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
12/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.00 until 7.20 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 his conviction was based.
49243/21
30/09/2021
Olga Yuruevna KARAVASHKOVA
2002Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Moscow
23/01/2021
Article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
02/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 6.10 p.m. on 23/01/2021 until 12.30 a.m. on 24/01/2021;
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 his conviction was based.
49301/21*
22/09/2021
Sergey Aleksandrovich BOBRIK
1991Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Moscow
31/01/2021
Article 20.2 § 6.1 of CAO
detention for 10 days
Moscow City Court
26/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.30 p.m. on 31/01/2021 until 11.00 p.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;
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.
49434/21*
22/09/2021
Aleksey Nikolayevich DUNTSOV
1987Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
26/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 5.10 p.m. on 31/01/2021 until 4.45 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.
49443/21*
22/09/2021
Ivan Fedorovich FEDTSOV
2002Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Moscow
31/01/2021
Article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
06/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.10 p.m. until 7.00 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 his conviction was based.
49466/21*
22/09/2021
Yevgeniy Vladimirovich PEREVERZOV
1977Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Taganrog
31/01/2021
Article 20.2 § 5 of CAO
fine of RUB 10,000
Rostov Regional Court
23/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report 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.
49473/21*
22/09/2021
Mariya Vladimirovna DANILINA
1996Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Moscow
02/02/2021
Article 20.2 § 6.1 of CAO
fine of RUB 15,000
Moscow City Court
26/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.15 p.m. on 02/02/2021 until 9.20 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 his conviction was based.
49474/21*
22/09/2021
Andrey Ivanovich PINDAK
1990Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Moscow
02/02/2021
Article 20.2 § 6.1 of CAO
detention for 7 days
Moscow City Court
24/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.10 a.m. until 12.15 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 his conviction was based.
49504/21*
22/09/2021
Polina Valentinovna DUDINA
1999Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Moscow
31/01/2021
Article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
24/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.05 a.m. until 6.45 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) - unfair criminal proceedings - various deficiencies of the administrative offence proceedings (lack of reasoning, complaint raised under Article 6 § 2 of the Convention) [5] ;
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 his conviction was based.
49533/21*
22/09/2021
Pavel Alekseyevich LINKOV
1986Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Moscow
02/02/2021
Article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
11/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 10.40 a.m. until 6.00 p.m. on 02/02/2021;
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 his conviction was based.
49542/21*
22/09/2021
Yuliya Vladimirovna FILIMONOVA
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Moscow
02/02/2021
Article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
14/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.45 p.m. on 02/02/2021 until 5.30 a.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 his conviction was based.
49552/21
22/09/2021
Maksim Viktorovich PETREYEV
1983Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Moscow
31/01/2021
Article 20.2 § 6.1 of CAO
fine of RUB 15,000
Moscow City Court
26/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.20 p.m. on 31/01/2021 until 2.00 p.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 his conviction was based.
49591/21*
22/09/2021
Tatyana Yevgenyevna IZOTOVA
1986Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
St Petersburg
31/01/2021
Article 20.2.2 § 1 of CAO
fine of RUB 15,000
St Petersburg City Court
23/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.45 p.m. on 31/01/2021 until 9.00 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 his conviction was based;
Art. 6 (1) - unfair criminal proceedings - various deficiencies of the administrative offence proceedings (no possibility to adduce evidence and to obtain attendance of witnesses on behalf of defence).
49599/21*
22/09/2021
Vladislav Olegovich NARUSHEV
1996Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Samara
31/01/2021
Article 20.2 § 5 of CAO
fine of RUB 10,000
Samara Regional Court
25/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 1.30 p.m. until 6.30 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 his conviction was based;
Art. 6 (1) - unfair criminal proceedings - various deficiencies of the administrative offence proceedings (no possibility to adduce evidence).
49754/21*
16/09/2021
Maksim Anatolyevich KHLAMOV
1991Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Moscow
31/01/2021
Article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
18/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1.25 p.m. until 9.56 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 his conviction was based.
59537/21
17/11/2021
Roman Vladimirovich PYTEL
1991Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Moscow
02/02/2021
Article 20.2 § 6.1 of CAO
fine of RUB 15,000
Moscow City Court
17/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.45 p.m. on 02/02/2021 until 5.00 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 his 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] 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.
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