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SKOROKHODOV v. RUSSIA and 19 other applications

Doc ref: 16047/21 • ECHR ID: 001-225683

Document date: June 1, 2023

  • Inbound citations: 1
  • Cited paragraphs: 0
  • Outbound citations: 5

SKOROKHODOV v. RUSSIA and 19 other applications

Doc ref: 16047/21 • ECHR ID: 001-225683

Document date: June 1, 2023

Cited paragraphs only

Published on 26 June 2023

SECOND SECTION

Application no. 16047/21 Sergey Nikolayevich SKOROKHODOV against Russia and 19 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

16047/21

05/03/2021

Sergey Nikolayevich SKOROKHODOV

1991Memorial Human Rights Centre

Moscow

Rally for fair elections to Mosgorduma

Moscow

03/08/2019

article 20.2 § 5 of CAO

fine of RUB 15,000

Moscow City Court

24/09/2020

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 03/08/2019 for the sole purpose of drawing up a record of administrative offence

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

16347/21*

09/03/2021

Aleksandr Gegamovich MURADYAN

1976Darya Dmitriyevna Aksenova

Kolomna

Rally against the amendments to the Constitution

Moscow

15/07/2020

article 20.2 § 6.1 of CAO

fine of RUB 20,000

Moscow City Court

10/09/2020

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 15/07/2020 for the sole purpose of drawing up a record of administrative offence

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 the police officers on whose written statements the conviction was based

16588/21*

02/03/2021

Sergey Vladimirovich ERSHOV

1978Mansur Idrisovich Gilmanov

Podolsk

Opposition rally

Moscow

22/06/2020

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

16/11/2020

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention on 22/06/2020 for the sole purpose of drawing up a record of administrative offence (such record drawn up on 15/07/2020)

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

16783/21*

02/03/2021

Igor Nikolayevich AFANASYEV

1968Mansur Idrisovich Gilmanov

Podolsk

Opposition rally

Moscow

22/06/2020

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

16/11/2020

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 22/06/2020 for the sole purpose of drawing up a record of administrative offence (such record drawn up on 16/07/2020)

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

17041/21

10/03/2021

Nikolay Vladimirovich KOMAROV

1987Aleksey Vladimirovich Glukhov

Novocheboksarsk

Rally against amendments to the Constitution and COVID-19 restrictions

Samara

21/06/2020

article 20.2 § 5 of CAO

fine of RUB 10,000

Samara Regional Court

10/09/2020

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

17144/21*

15/03/2021

Emil Rolanovich YUNUSOV

2000Fedor Yevgenyevich Sirosh

Moscow

A stroll in support of Ilya Azar

Moscow

05/06/2020

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

16/09/2020

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 08/06/2020 for the sole purpose of drawing up an administrative offence record in respect of the events of 05/06/2020

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 conviction was based

17336/21

09/03/2021

Natalya Anatolyevna TRUBINA

1984Vladimir Valeryevich Vasin

Krasnoyarsk

Rally in support of Khabarovsk protests

Krasnoyarsk

08/08/2020

article 20.2 § 2 of CAO

fine of RUB 20,000

Krasnoyarsk Regional Court

10/09/2020

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention between 08/08/2020 and 09/08/2020 as administrative suspect, and after the record of an administrative offence had been drawn up on 08/08/2020

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

19425/21*

15/03/2021

Roman Grigiryevich KARTSEV

2002Aleksandr Yevgenyevich Pomazuyev

Vilnius

Rally in support of A. Navalnyy

Moscow

31/01/2021

article 20.2 § 6.1 of CAO

administrative arrest of 5 days

Moscow City Court

05/02/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention between 31/01/2021 and 01/02/2021 as administrative suspect

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

19516/21*

17/03/2021

Valentina Aleksandrovna VAKULENKO

1957Mansur Idrisovich Gilmanov

Podolsk

Opposition rally

Moscow

22/06/2020

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

16/12/2020

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 22/06/2020 in excess of three hours for the sole purpose of drawing up a record of administrative offence (such record drawn up on 20/07/2020 only)

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

19635/21*

23/03/2021

Yelena Nikolayevna SAMBORSKAYA

1974Mikhail Igorevich Tunikov

Vladivostok

Rally in support of S. Furgal

Vladivostok

01/08/2020

article 20.2 § 5 of CAO

fine of RUB 10,000

Primorye Regional Court

05/10/2020

20145/21*

23/03/2021

Yegor Alekseyevich POROKHOVOY

2001Memorial Human Rights Centre

Moscow

Rally in support of Alexey Navalnyy

Volgograd

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Volgograd Regional Court

03/03/2021

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

20384/21*

21/03/2021

Ilnur Diazettinovich BAYGAZIN

1994Aydar Azatovich Mullanurov

Ufa

Rally for protection of Kushtau mountain

Bashkortostan Republic

15/08/2020

article 19.3 § 1 of CAO

fine of RUB 600

Supreme Court of the Bashkortostan Republic

21/09/2020

Art. 5 (1) - unlawful deprivation of liberty - unlawful detention on 15/08/2020 for more than 3 hours for the sole purpose of drawing up a record of administrative offence

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

21177/21*

31/03/2021

Nikita Pavlovich GOLOVIZIN

2001Aleksandr Yevgenyevich Pomazuyev

Vilnius

Rally in support of A. Navalnyy

Voronezh

23/01/2021

article 20.2 § 2 of CAO;

article 20.2 § 5 of CAO

administrative detention of 5 days and fine of RUB 10,000

Voronezh Regional Court (two decisions) on

12/02/2021 and

26/02/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station on 26/01/2021 for the sole purpose of drawing up a record of administrative offence

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of the 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 officer on whose written statements the applicant’s convictions were based

Art. 10 (1) - conviction for making calls to participate in public events - conviction under Art. 20.2 § 2 of the CAO for making calls to participate in an unauthorised rally of 23/01/2021 using his Vkontakte account ( Elvira Dmitriyeva v.Russia , nos. 60921/17 and 7202/18, §§ 77-90, 30 April 2019)

22175/21

07/04/2021

Nadezhda Ivanovna KUZNETSOVA

1958Rally in support of A. Navalnyy

Volgograd

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Volgograd Regional Court

10/03/2021

22224/21

02/04/2021

Sergey Andreyevich POKATILOV

2021Vyacheslav Sergeyevich Ivanets

Tbilisi, Georgia

Rally in support of A. Navalnyy

Irkutsk

23/01/2021

article 20.2 § 2 of CAO

administrative detention of 10 days

Irkutsk Regional Court

28/01/2021

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

22251/21*

08/04/2021

Talgat Albertovich AKHMADIYEV

1992Rally in support of A. Navalnyy

Kazan

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Supreme Court of the Tatarstan Republic

24/02/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to a police station, detention between 23/01/2021 and 25/01/2021 as administrative suspect

22597/21*

02/04/2021

Timur Robertovich SLAYEV

2000Aleksandr Yevgenyevich Pomazuyev

Vilnius

Rally in support of A. Navalnyy

Saransk

23/01/2021

article 20.2 § 6.1 of CAO

fine of RUB 10,000

Supreme Court of Mordovia

03/03/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention between 23/01/2021 and 24/01/2021 as administrative suspect, after the offence record had been compiled on 23/01/2021; arrest recorded about 10 hours after the actual apprehension;

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 the police officers on whose written statements the applicant’s conviction was based

23082/21*

27/04/2021

Andrey Aleksandrovich ALEKSANDROV

1989Aleksandr Vladimirovich Molokhov

Moscow

Rally in support of A. Navalnyy

Moscow

23/01/2021

article 20.2 § 6.1 of CAO

administrative detention for 5 days

Moscow City Court

02/03/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 23/01/2023 for the sole purpose of drawing up a record of administrative offence (such record drawn up on 28/01/2021),

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 open court police officer on whose written statements the conviction was based and to submit video recordings in defence of the applicant’s version of events on an equal footing with the prosecution

31688/21

12/05/2021

Aleksandr Aleksandrovich KRYLOV

1961Aleksandr Dmitriyevich Peredruk

St Petersburg

Rally is support of A. Navalnyy

St Petersburg

31/01/2021

article 20.2.2 § 1 of CAO

administrative detention of 13 days

St Petersburg City Court

10/02/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect;

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 police officers on whose written statements the conviction was based

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 01/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO (see Tsvetkova and Others v. Russia , nos. 54381/08 and 5 others, §§ 179-191, 10 April 2018)

32555/21*

15/06/2021

Daniil Sergeyevich MASALKIN

2002Yelena Yuryevna Pershakova

Moscow

Commemorating the anniversary of the revolution

Perm

07/11/2020

article 20.2 § 5 of CAO

community works of 20 hours

Perm Regional Court

29/01/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention on 07/11/2020 for the sole purpose of drawing up a record of administrative offence; failure to draw up an arrest record

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 court the police officers who had arrested the applicant

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