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GORODNICHEVA v. RUSSIA and 27 other applications
Doc ref: 43566/21 • ECHR ID: 001-225684
Document date: June 1, 2023
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GORODNICHEVA v. RUSSIA and 27 other applications
Doc ref: 43566/21 • ECHR ID: 001-225684
Document date: June 1, 2023
Cited paragraphs only
Published on 26 June 2023
SECOND SECTION
Application no. 43566/21 Elvira Ildusovna GORODNICHEVA 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
43566/21*
11/08/2021
Elvira Ildusovna GORODNICHEVA
1988Danil Ilnurovich Nurgaleyev
Kazan
Rally “Free Navalnyyâ€
Kazan
23/01/2021
Article 20.2 § 5 of CAO
fine of
RUB 10,000
Supreme Court of the Republic of Tatarstan
31/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 for compiling an offence report [1] .
43583/21*
11/08/2021
Ramil Valeryevich URAZMANOV
1993Danil Ilnurovich Nurgaleyev
Kazan
Rally “Free Navalnyyâ€
Kazan
23/01/2021
Article 20.2 § 5 of CAO
fine of
RUB 10,000
Supreme Court of the Republic of Tatarstan
10/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 for compiling an offence report.
43584/21*
11/08/2021
Lenar Maskhutovich KHANGARAYEV
1985Danil Ilnurovich Nurgaleyev
Kazan
Rally “Free Navalnyyâ€
Kazan
23/01/2021
Article 20.2 § 5 of CAO
fine of
RUB 10,000
Supreme Court of the Republic of Tatarstan
14/04/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 for compiling an offence report.
43587/21*
11/08/2021
Yevgeniy Vasilyevich CHERNYSHEV
1992Danil Ilnurovich Nurgaleyev
Kazan
Rally “Free Navalnyyâ€
Kazan
23/01/2021
Article 20.2 § 5 of CAO
fine of
RUB 10,000
Supreme Court of the Republic of Tatarstan
03/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 for compiling an offence report.
43634/21*
11/08/2021
Yelena Sirinovna ZAKIYEVA
1991Danil Ilnurovich Nurgaleyev
Kazan
Rally “Free Navalnyyâ€
Kazan
23/01/2021
Article 20.2 § 5 of CAO
fine of
RUB 10,000
Supreme Court of the Republic of Tatarstan
03/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 for compiling an offence report.
43650/21
12/08/2021
Dmitriy Vyacheslavovich ABRAMOV
1984Aleksey Vladimirovich Glukhov
Novocheboksarsk
Rally “Free Navalnyyâ€
Cheboksary
23/01/2021
Article 20.2 § 5 of CAO
fine of
RUB 10,000
Supreme Court of the Chuvashia Republic
18/05/2021
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] .
59557/21
19/11/2021
Aleksey Yevgenyevich KOZYRENKO
2001Memorial 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
19/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1.50 p.m. on 31/01/2021 until 5.40 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.
59612/21*
19/11/2021
Grigoriy Mikhaylovich DRACH
1996Memorial 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
19/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.30 p.m. until 11.45 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) - 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.
59615/21*
19/11/2021
Yegor Nikolayevich MITEREV
1987Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Moscow
02/02/2021
Article 20.2 § 5 of CAO
fine of
RUB 18,000
Moscow City Court
19/05/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 02/02/2021;
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 impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
59655/21
17/11/2021
Nikolay Leonidovich KHARISOV
1983Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Moscow
3/01/2021
Article 20.2 § 6.1 of CAO
fine of
RUB 12,000
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 5.00 p.m. on 23/01/2021 until 3.00 p.m. on 25/01/2021;
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.
59664/21
17/11/2021
Diana Pavlovna AKHMADEYEVA
1986Memorial 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
17/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.30 p.m. 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.
59671/21
17/11/2021
Denis Nikolayevich VOLEGOV
1990Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Kaliningrad
23/01/2021
Article 20.2 § 5 of CAO
fine of
RUB 10,000
Kaliningrad Regional Court
18/05/2021
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.
59673/21*
01/12/2021
Ilya Vladimirovich LEYKIN
1984Memorial 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
29/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.18 a.m. on 02/02/2021 until 1.00 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.
59676/21
01/12/2021
Sabina Faikovna KATASONOVA
1997Memorial 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
03/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.00 p.m. on 02/02/2021 until 9.20 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.
59683/21*
13/11/2021
Sergey Yuryevich KHAVROVSKIY
1984Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Moscow
31/01/2021
Article 20.2 § 6.1 of CAO
detention for 5 days
Moscow City Court
13/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1.00 p.m. on 31/01/2021 until 4.00 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.
59765/21*
01/12/2021
Dmitriy Vladimirovich ORLIK
1977Memorial 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
17/06/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 31/01/2021;
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 impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
59773/21
01/12/2021
Konstantin Nikolayevich LUNEV
1993Memorial 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
07/06/2021
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;
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) [4] .
59796/21*
01/12/2021
Yuliya Andreyevna GRACHEVA
1980Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Moscow
02/02/2021
Article 20.2 § 5 of CAO
fine of
RUB 20,000
Moscow City Court
03/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.15 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.
59852/21
29/11/2021
Yuliya Sergeyevna MASHUKOVA
1996Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Moscow
23/01/2021
Article 20.2 § 5 of CAO
fine of
RUB 20,000
Moscow City Court
01/06/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report 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.
59871/21*
29/11/2021
Aleksandr Nikolayevich NEMUROV
1970Memorial 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
17/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.50 a.m. on 31/01/2021 until 5.00 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.
59889/21*
24/11/2021
Alisa Aleksandrovna ZELKOVA
2002Memorial 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
25/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.48 p.m. on 02/02/2021 until
5.23 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.
59905/21*
24/11/2021
Dmitriy Aleksandrovich SHOSHNEV
1976Memorial 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
11/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.47 p.m. until 8.37 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.
59921/21
24/11/2021
Darya Vyacheslavovna VERNIDUB
1999Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Krasnoyarsk
31/01/2021
Article 20.2 § 5 of CAO
fine of
RUB 10,000
Krasnoyarsk Regional Court
27/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1.24 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.
59925/21*
24/11/2021
Marina Markovna KARAULINA
1958Memorial Human Rights Centre
Moscow
Rally "Medical care to Navalnyy"
St Petersburg
21/04/2021
Article 20.2 § 6.1 of CAO
fine of
RUB 10,000
St Petersburg City Court
13/07/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 7.30 p.m. on 21/04/2021 until 3.30 a.m. on 24/04/2021;
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.
60067/21
01/12/2021
Nikita Pavlovich FANIN
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
13/08/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.29 p.m. on 31/01/2021 until 1.30 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.
60081/21
24/11/2021
Roman Aleksandrovich SONICHEV
2001Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Kaluga
31/01/2021
Article 20.2.2 § 1 of CAO
fine of
RUB 14,000
Kaluga Regional Court
25/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.25 p.m. until 11.45 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) - 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.
60085/21
24/11/2021
Danil Yevgenyevich AKATOV
2001Memorial 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
07/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.30 p.m. on 23/01/2021 until 9.50 p.m. on 25/01/2021;
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.
60211/21*
24/11/2021
Svyatoslav Vladimirovich YERMILIN
1997Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Yekaterinburg
23/01/2021
Article 20.2 § 5 of CAO
20 hours of community work
Sverdlovsk Regional Court
03/06/2021
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] Kasparov and Others v. Russia (no. 2) , no. 51988/07, §§ 48-51, 13 December 2016.
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