Lexploria

FOURTH SECTION

CASE OF ANDREYEV AND OTHERS v. RUSSIA

(Applications nos. 26870/19 and 24 others â€“

see appended list)

JUDGMENT

STRASBOURG

23 November 2023

This judgment is final but it may be subject to editorial revision.

In the case of Andreyev and Others v. Russia,

The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:

Branko Lubarda , President , Armen Harutyunyan, Ana Maria Guerra Martins , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 2 November 2023,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in applications against Russia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (â€œthe Conventionâ€) on the various dates indicated in the appended table.

2. The Russian Government (â€œthe Governmentâ€) were given notice of the applications.

THE FACTS

3. The list of applicants and the relevant details of the applications are set out in the appended table.

4. The applicants complained of the lack of impartiality of the tribunal in view of the absence of the prosecuting party in the administrative-offence proceedings. In some applications the applicants also raised other complaints under the provisions of the Convention.

THE LAW

5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.

6. The Court observes that the facts giving rise to the alleged violations of the Convention occurred prior to 16 September 2022, the date on which the Russian Federation ceased to be a party to the Convention. The Court therefore decides that it has jurisdiction to examine the present applications (see Fedotova and Others v. Russia [GC], nos. 40792/10 and 2 others, Â§Â§ 68 â€‘ 73, 17 January 2023).

7. The applicants complained principally of the lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative â€‘ offence proceedings. They relied, expressly or in substance, on Article 6 Â§ 1 of the Convention.

8. In the leading case of Karelin v. Russia, no. 926/08, 20 September 2016, the Court already found a violation in respect of issues similar to those in the present case. Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of these complaints.

9. These complaints are therefore admissible and disclose a breach of Article 6 Â§ 1 of the Convention.

10. In some applications the applicants submitted other complaints which also raised issues under the Convention, given the relevant well-established case-law of the Court (see appended table). These complaints are not manifestly ill-founded within the meaning of Article 35 Â§ 3 (a) of the Convention, nor are they inadmissible on any other ground. Accordingly, they must be declared admissible. Having examined all the material before it, the Court concludes that they also disclose violations of the Convention in the light of its findings in Butkevich v. Russia , no. 5865/07, Â§Â§ 63-65, 13 February 2018, Tsvetkova and Others v. Russia , nos. 54381/08 and 5 others, Â§Â§ 115-31, 10 April 2018, Korneyeva v. Russia , no. 72051/17, Â§Â§ 34-36, 8 October 2019, and Teslenko and Others v. Russia , nos. 49588/12 and 3 others, Â§Â§ 72-74 and 81-82, 5 April 2022, concerning various aspects of unlawful deprivation of liberty.

11. Article 41 of the Convention provides:

â€œIf the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.â€

12. Regard being had to the documents in its possession and to its case â€‘ law (see, in particular, Kuratov and Others v. Russia [Committee], nos. 24377/15 and 2 others, 22 October 2019), the Court considers it reasonable to award the sums indicated in the appended table.

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

(a) that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;

(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

Done in English, and notified in writing on 23 November 2023, pursuant to Rule 77 Â§Â§ 2 and 3 of the Rules of Court.

Viktoriya Maradudina Branko Lubarda

ActingDeputy Registrar President

APPENDIX

List of applications raising complaints under Article 6 Â§ 1 of the Convention

(lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings)

No.

Application no.

Date of introduction

Applicantâ€™s name

Year of birth

Representativeâ€™s name and location

Penalty

Date of final domestic decision

Name of court

Other complaints under

well-established case-law

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant

(in euros) [1]

26870/19

08/05/2019

Sergey Yuryevich ANDREYEV

1977suspension of the driving licence for 1 year

22/11/2018,

Leninskiy District Court of Tula

1,000

50285/19

10/09/2019

Ivan Mikhaylovich KASHNIKOV

1978Andrey Pavlovich

Mitrofanov

Gornyak

administrative fine of RUB 30,000, suspension of the driving licence for 1 year and 6 months

17/05/2019,

Loktevskiy District Court of Gornyak

1,000

576/20

14/12/2019

Aleksandr Vladimirovich ROMANOV

1982Aleksey Borisovich

Vologin

Volsk

administrative fine of RUB 30,000,

administrative fine of RUB 30,000, suspension of driving licence for 1 year and 6 months

31/07/2020,

Volskiy District Court of the Saratov Region

06/12/2019,

Volskiy District Court of the Saratov Region

1,000

773/20

10/12/2019

Andrey Vasilyevich YELKHOV

1970Aleksey Borisovich

Vologin

Volsk

administrative fine of RUB 30,000, suspension of the driving licence for 1 year and 10 months

02/12/2019,

Volskiy District Court of the Saratov Region

1,000

5278/20

31/12/2019

Kristina Valeryevna OGANYAN

1995Aleksey Borisovich

Vologin

Volsk

administrative fine of RUB 30,000, suspension of the driving licence for 1 year and 8 months

20/12/2019,

Volskiy District Court of the Saratov Region

1,000

6963/20

28/01/2020

Kamil Danilevich RAKHIMOV

1994Lawyers of former Memorial Human Rights Centre

Moscow

administrative detention of 10 days

06/08/2019,

Moscow City Court

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - on 27/07/2019 the applicant was taken to a police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 Â§ 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspectâ€™s identity Detention as an administrative suspect: beyond the 48-hour statutory period (Art. 27.5(3)-(4) and Art. 29.6(4) CAO).

Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO)

3,900

13020/20

25/02/2020

Sergey Vladimirovich LATYSHEV

1985Andrey Olegovich

Valenkov

Nizhniy Novgorod

administrative fine of RUB 350,000

30/10/2019,

Nizhniy Novgorod Regional Court

1,000

11456/21

29/01/2021

Vladimir Mikhaylovich MITROFANOV

1999administrative fine of RUB 30,000

29/07/2020,

Angarsk Town Court of the Irkutsk Region

1,000

13203/21

13/02/2021

Oleg Yuryevich ADAYEV

1974Aleksey Borisovich

Vologin

Volsk

administrative fine of RUB 30,000

29/01/2021,

Volsky District Court of the Saratov Region

1,000

20575/21

15/03/2021

Ruslan Nikolayevich UKHANOV

1981Yevgeniy Valeryevich Kulakov

Arkhangelsk

administrative fine of RUB 1,000

12/02/2021, Solombalskiy District Court of Arkhangelsk

1,000

23083/21

12/04/2021

Vladimir Vladimirovich BARABANOV

1967Aleksandr Yevgenyevich

Pomazuyev

Vilnius

administrative fine of RUB 10,000, administrative fine of RUB 1,000

16/03/2021,

Bryansk Regional Court

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention for the sole purpose of drawing up a record of administrative offence. The applicant was arrested on 31 January 2021 and was brought to the police station

3,900

24870/21

18/04/2021

Dmitriy Valeryevich YEGOROV

1981Innokentiy Valeryevich

Yegorov

Yakutsk

administrative fine of RUB 30,000, suspension of the driving licence for 1 year and 6 months

19/10/2020,

Yakutsk Town Court, Republic of Sakha (Yakutia)

1,000

27156/21

05/05/2021

Fakhrad Sardarovich SHISHKOV

1972Nikolay Sergeyevich

Zboroshenko

Mytishchi

administrative fine of RUB 30,000, suspension of the driving licence for 18 months

17/11/2020, Khoroshevskiy District Court of Moscow

1,000

32129/21

31/05/2021

Yuriy Sergeyevich LOBUREV

1987Andrey Olegovich

Valenkov

Nizhniy Novgorod

suspension of the driving licence, administrative fine of RUB 30,000

01/12/2020,

Kanavinskiy District Court of Nizhniy Novgorod

1,000

34968/21

15/06/2021

Denis Mikhaylovich BAKUSHIN

1982administrative fine of RUB 30,000, suspension of the driving licence for 1 year and 8 months

28/05/2021,

Konoshskiy District Court of the Astrakhan Region

1,000

34983/21

30/06/2021

Sergey Viktorovich ASTAKHIN

1967administrative fine of RUB 5,000

02/03/2021,

Kirishi Town Court of the Leningrad Region

1,000

36848/21

05/07/2021

Andrey Vasilyevich PODPASKOV

1985administrative fine of RUB 30,000, suspension of the driving licence for 1 year and 6 months

04/06/2021,

Zavodskoy District Court of Saratov

1,000

43821/21

12/08/2021

Marina Viktorovna ROMANOVA

1984administrative fine of RUB 30,000, suspension of the driving licence for 1 year and 8 months

12/02/2021,

Tushinskiy District Court of Moscow

1,000

44368/21

17/08/2021

Aleksey Yuryevich LOGUNOV

1990Yevgeniy Maksimovich MARTYNOV

2000Nikolay Sergeyevich

Zboroshenko

Mytishchi

administrative fine of RUB 10,000 to each applicant

16/04/2021,

Moscow City Court

Art. 5 (1) - unlawful pre-trial detention - applicants were taken to the police station on 31/01/2021 as administrative suspects: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 Â§ 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspectâ€™s identity; Detention as administrative suspects on 31/01/2021 beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO)

3,900

44387/21

16/08/2021

Aleksandr Mikhaylovich BORISOV

1990administrative fine of RUB 30,000, suspension of the driving licence for 2 years

12/08/2021, Shipunovsky District Court of the Altay Region

1,000

45000/21

21/08/2021

Dmitriy Anatolyevich ROMANOV

1976Vologin Aleksey Borisovich

Vologin

Volsk

suspension of the driving licence for a year and 6 months, administrative fine of RUB 30,000

18/08/2021,

Volsk District Court of the Saratov Region

1,000

50265/21

27/09/2021

Mikhail Yulianovich SELITSKIY

1994administrative detention of 5 days

29/03/2021,

Rostov Regional Court

1,000

51716/21

01/10/2021

Vladimir Vladimirovich PALYULIN

1984Oksana Gennadyevna

Olgerdt

Moscow

administrative detention of 12 days

02/04/2021,

Moscow City Court

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - applicant was taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 Â§ 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspectâ€™s identity.

Detention as an administrative suspect: the applicant remained in detention after the offence record had been compiled

3,900

54386/21

08/10/2021

Rostislav Sergeyevich DEDYUK

1972suspension of the hunting licence for 12 months

14/04/2021,

Kirov Town Court of the Leningrad Region

1,000

54842/21

16/10/2021

Konstantin Aleksandrovich ARKHANGELSKIY

1979Aleksey Borisovich

Vologin

Volsk

administrative fine of RUB 30,000, suspension of the driving licence for 1 year and 6 months

29/09/2021,

Balakovskiy District Court of the Saratov Region

1,000

[1] Plus any tax that may be chargeable to the applicants.

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CASE OF ANDREYEV AND OTHERS v. RUSSIA

CASE OF ANDREYEV AND OTHERS v. RUSSIA

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