Published on 27 November 2023

FIRST SECTION

Application no. 50374/21 Roman Vasilyevich BELOMESTNOV against Russia and 34 other applications

(see list appended)

PROCEDURAL INFORMATION

Following a preliminary examination of the admissibility of the applications on 2 November 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 / criminal charges

Penalty

Final domestic decision

Court Name

Date

Other complaints under well-established case-law

50374/21*

22/09/2021

Roman Vasilyevich BELOMESTNOV

1991Manifestation in support of A. Navalnyy

Vladivostok

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Primorye Regional Court

24/05/2021

Art. 8 (1) - unlawful search - Search of the applicant’s flat as part of the criminal investigation against unidentified perpetrators on 06/02/2021 authorised by the Pervorechenskiy District Court of Vladivostok on 05/02/2021; final decision on the matter was taken by the Primorye Regional Court on 23/03/2021; Specific defects:

no adequate and sufficient safeguards against abuse: broad terms/wide content and scope of the search warrant (objects and documents not specific enough to restrict police’s discretion), no relevant or sufficient reasons to justify the search: no evidence supporting the search authorisation, applicant was not a suspect.

The regional department of the interior opened a criminal investigation on charges of wilful blocking of transport communications. According to the official version, unidentified persons organised, by means of Internet communications, a gathering. The participants of the gathering blocked the street and, as a result, public buses and ambulances could not follow their routes. The applicant was suspected to be an organiser of the gathering. The purpose of the search was to find (1) electronical devices used to document the gathering, (2) documents pertaining to the crime and (3) other objects and documents necessary to establish the circumstances of the case.

12835/22*

09/02/2022

Yuliya Sergeyevna POSEVKINA

1976Ernest Aleksandrovich Mezak

Saint-Barthélemy-d’Anjou

Manifestation against war in Ukraine

Syktyvkar

24/02/2022

article 20.2 § 8 of CAO

5 days’ administrative arrest

Supreme Court of the Komi Republic

06/04/2022

Art. 10 (1) - conviction for making calls to participate in public events - the applicant was convicted under Article 20.2 § 2 of CAO for having posted information about a manifestation in support of A. Navalnyy in Moscow and St Petersburg, administrative fine of RUB 10,000; final decision on the matter was taken by the Supreme Court of the Komi Republic on 13/10/2021;

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 the proceedings which ended on 13/10/2021 and 06/04/2022;

Art. 5 (1) - unlawful detention - Arrest and detention on 24/02/2022 - Detention as an administrative suspect: no evidence/assessment of “exceptional circumstances” under Art. 27.3 § 1 CAO (see Butkevich v. Russia, no. 5865/07, §§ 63-64, 13 February 2018; Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018); (raised in the administrative proceedings);

Art. 10 (1) - various restrictions on the right to freedom of expression - The applicant was convicted under Article 20.3.3 of CAO for making comments in a social network (VKontakte) with a purpose to discredit Russian armed forces during the period between 12/03/2022 and 30/03/2022; administrative fine of RUB 30,000; the final decision on the matter was taken by the Supreme Court of the Komi Republic on 28/09/2022

32325/22*

11/06/2022

Olga Mikhaylovna IVANOVA

1989Natalya Andreyevna Baranova

Moscow

Anti-war protest

Irkutsk

06/03/2022

article 20.2 § 2 of CAO

detention for 10 days

Irkutsk Regional Court

16/03/2022

Art. 5 (1) - unlawful detention - Arrest and detention on 06/03/2022 - Applicant 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 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019);

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

43965/22*

18/08/2022

Vadim Vitalyevich SMIRNOV

1967Olesya Anatolyevna Vasilchenko

Minyar

Manifestation against the war in Ukraine

St Petersburg

06/03/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

St Petersburg City Court

19/04/2022

Art. 5 (1) - unlawful detention - Arrest and detention on 06/03/2022 from 5.15 p.m. to 11 p,m. - Applicant 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 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018); the complaints were raised in the administrative proceedings;

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

44447/22

25/08/2022

Konstantin Sergeyevich FROLOV

1988Aleksey Sergeyevich Lapuzin

Samara

Anti-war protest

Samara

27/02/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Samara Regional Court

28/04/2022

Art. 5 (1) - unlawful detention - Arrest and detention on 27/02/2022 - Applicant 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 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); the complaint was raised in the administrative proceedings;

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

45200/22*

15/09/2022

Semen Aleksandrovich KOVALEV

2001Manifestation against the war in Ukraine

St Petersburg

27/02/2022

article 20.2 § 6.1 of CAO

fine of RUB 10,000

St Petersburg City Court

31/05/2022

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

Art. 5 (1) - unlawful detention - arrest and detention from 7.12 p.m. on 27/02/2022 to 7 a.m. on 28/02/2022 - Applicant 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 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018); raised in the administrative proceedings

45494/22*

26/08/2022

Konstantin Valeryevich CHEMEZOV

1999Anti-war protest

Yekaterinburg

06/03/2022

article 20.2 § 5 of CAO

fine of RUB 14,000

Sverdlovsk Regional Court

02/06/2022

Art. 5 (1) - unlawful detention - Arrest and detention at the police station after compiling an offence report from 3 p.m. till 6.45 p.m. on 06/03/2022 - Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018); the complaint was raised in the administrative proceedings;

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

46001/22*

10/09/2022

Vladimir Viktorovich RENZHIN

1968Vladislav Vladimirovich Kosnyrev

Syktyvkar

Manifestation against the war in Ukraine

Syktyvkar

24/02/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Supreme Court of the Komi Republic

11/05/2022

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 administrative proceedings (final relevant decisions were taken by the Supreme Court of the Komi Republic on 11/05/2022 and 10/08/2022 respectively);

Art. 10 (1) - various restrictions on the right to freedom of expression - Conviction under Article 20.3.3 § 1 of CAO for putting up an anti-war poster in Syktyvkar on 24/02/2022/administrative fine of RUB 35,000/ Supreme Court of the Komi Republic on 10/08/2022 (appeal decision);

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 24/04/2022 Applicant 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 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); the complaint was raised in the administrative proceedings (lodged on 10/12/2022).

47937/22*

12/09/2022

Mark Dmitriyevich POLYAK

1988Dmitriy Georgiyevich Gerasimov

St Petersburg

Manifestation against the war in Ukraine

St Petersburg

27/02/2022

article 20.2 § 6.1 of CAO

fine of RUB 10,000

St Petersburg City Court

26/05/2022

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

48301/22*

14/09/2022

Olga Sergeyena ARTEMYEVA

1996Demonstration against the war in Ukraine

Ufa

27/02/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Supreme Court of the Bashkortostan Republic

16/05/2022

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - 16/05/2022, Supreme Court of the Bashkortostan Republic;

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 27/02/2022 - Applicant 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 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019) (raised on appeal in the administrative proceedings).

48357/22*

14/09/2022

Dmitriy Gennadyevich ZAYTSEV

1999Daniil Alekseyevich Polyakov

Voronezh

Manifestation against the war in Ukraine

Voronezh

06/03/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Voronezh Regional Court

21/06/2022

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

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 06/03/2022 - Applicant 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 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); the complaint was raised in the administrative proceedings

48359/22*

14/09/2022

Pavel Vitalyevich BELYAYEV

1989Daniil Alekseyevich Polyakov

Voronezh

Manifestation against the war in Ukraine

Voronezh

06/03/2022

article 20.2 § 5 of CAO

fine of RUB 5,000

Voronezh Regional Court

26/07/2022

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

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 06/03/2022 - Applicant 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 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); the complaint was raised in the administrative proceedings

48360/22*

14/09/2022

Valeriya Yevgenyevna KOTOVA

2000Daniil Alekseyevich Polyakov

Voronezh

Manifestation against the war in Ukraine

Voronezh

24/02/2022

article 20.2 § 5 of CAO

fine of RUB 5,000

Voronezh Regional Court

19/07/2022

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

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 24/02/2022 - Applicant 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 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); the complaint was raised in the administrative proceedings

48600/22*

30/09/2022

Yelena Konstantinovna GORODNITSYNA

1994Aleksey Sergeyevich Lapuzin

Samara

Manifestation against the war in Ukraine

Samara

27/02/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Samara Regional Court

02/06/2022

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

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 27/02/2022 from 3 p.m. to 8.14 p.m. - Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018); the complaint was raised in the administrative proceedings

49050/22*

15/09/2022

Ivan Aleksandrovich SVIRIDOV

2001Konstantin Mikhaylovich Zinovyev

Nizhniy Novgorod

Anti-war protest

Nizhniy Novgorod

06/03/2022

article 20.2 § 5 of CAO

fine of RUB 15,000

Nizhniy Novgorod Regional Court

26/05/2022

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 06/03/2022 - Applicant 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 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); the complaint raised in the administrative proceedings;

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

49973/22

07/10/2022

Irina Petrovna SHELKUNOVA

1988Nataliya Andreyevna Baranova

Moscow

Anti-war protest

Moscow

27/02/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

07/06/2022

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention at the police station after compiling an offence report from 7.30 p.m. on 27/02/2022 till 2.00 a.m. on 28/02/2022 - Applicant 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 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018); the complaints were raised in the administrative proceedings;

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

50877/22*

19/10/2022

Georgiy Yuryevich SIDORENKO

1998Natalya Andreyevna Baranova

Moscow

Manifestation against the war in Ukraine

Moscow

25/02/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

21/06/2022

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

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 25/02/2022 - Applicant 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 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); the complaint was raised in the administrative proceedings

50899/22*

15/09/2022

Darya Denisovna ANDRIANOVA

2000Andrey Anatolyevich Slavkin

Murmansk

Manifestation against the war in Ukraine

Murmansk

06/03/2022

article 20.2 § 2 of CAO

fine of RUB 20,000

Murmansk Regional Court

30/05/2022

50992/22

17/10/2022

Anton Aleksandrovich ANDREYEV

1992Manifestation against the war in Ukraine

Moscow

25/02/2022

article 20.2 § 5 of CAO

fine of RUB 15,000

Moscow City Court

17/06/2022

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

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention from 9 p.m. on 25/02/2022 to 10 a.m. on 26/02/2022 - Applicant 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 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018); the complaints were raised in the administrative proceedings

51408/22*

26/10/2022

Yelizaveta Alekseyevna DADONOVA

1978Natalya Andreyevna Baranova

Moscow

Manifestation against the war in Ukraine

Moscow

06/03/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

27/06/2022

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - 27/06/2022, Moscow City Court

51516/22

05/10/2022

Margarita Igorevna YADROVSKAYA

1992Natalya Andreyevna Baranova

Moscow

Manifestation against the war in Ukraine

Moscow

25/02/2022

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

07/06/2022

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention from 7.45 p.m. o 25/02/2022 to 1.10 a.m. on 26/02/2022.

Applicant 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 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018) (raised in the administrative proceedings);

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - 07/06/2022, Moscow City Court;

Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - The applicant was unable to confront the police officers on whose statements her conviction was based

52115/22

27/10/2022

German Aleksandrovich TITOV

1988Valeriya Aleksandrovna Arshinova

Moscow

Manifestation against the war in Ukraine

Moscow

27/02/2022

article 20.2 § 6.1 of CAO

fine of RUB 15,000

Moscow City Court

27/06/2022

Art. 5 (1) - unlawful detention - Arrest and detention on 27/02/2022 - Applicant 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 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019) (raised in the administrative proceedings);

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 - the applicant was unable to confront the police officers on whose statements his conviction was based

52377/22*

26/10/2022

Anastasiya Andreyevna SERDYUK

2000Manifestation against the war in Ukraine

Krasnoyarsk

06/03/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Krasnoyarsk Regional Court

29/06/2022

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 06/03/2022 - Applicant 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 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); the complaint was raised in the administrative proceedings;

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

53818/22*

26/10/2022

Monika Albertovna BASTRON

2001Luiza Magomedovna Magomedova

St Petersburg

Manifestation against the war in Ukraine

St Petersburg

02/04/2022

article 20.2 § 2 of CAO

fine of RUB 15,000

St Petersburg City Court

25/08/2022

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - The applicant taken to a police station as an administrative suspect: there is no evidence/assessment that it was impossible to draw up an offence record on the spot (Article 27.2 § 1 of the CAO) and to achieve the goals set by Art. 27.1 of CAO, e.g., to identify the suspect (Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019);

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

53822/22*

26/10/2022

Aleksey Viktorovich KASATKIN

1962Luiza Magomedovna Magomedova

St Petersburg

Manifestation against the war in Ukraine

St Petersburg

24/02/2022

article 20.2.2 § 1 of CAO

fine of RUB 10,000

St Petersburg City Court

28/06/2022

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - The applicant complained of being taken to a police station as an administrative suspect: there is no evidence/assessment that it was impossible to draw up an offence record on the spot (Article 27.2 § 1 of the CAO) and to achieve the goals set by Art. 27.1 of CAO, e.g., to identify the suspect (Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019);

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

53829/22*

11/11/2022

Nikolay Vladimirovich PTITSYN

1976Nataliya Andreyevna Baranova

Moscow

Manifestation against the war in Ukraine

Moscow

13/03/2022

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

13/07/2022

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention from 3 p.m. to 10 p.m. on 13/03/2022 - Applicant 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 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018); the complaints were raised in the administrative proceedings;

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 - The applicant complained of the inability to cross-examine in the first-instance trial two police officers on whose written statements his conviction was based

54951/22*

29/10/2022

Anton Vyacheslavovich DENGUBOV

1992Manifestation against the war in Ukraine

Yekaterinburg

06/03/2022

article 20.2 § 5 of CAO

fine of RUB 20,000

Sverdlovsk Regional Court

29/06/2022

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention from 2.25 p.m. to 11.30 p.m. on 06/03/2022 - Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018); the complaint was raised in the administrative proceedings;

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

55875/22

08/10/2022

Anna Rifatovna SAYFUTDINOVA

1988Yelena Vladimirovna Lipatova

Moscow

Anti-war protest

Moscow

24/02/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

09/06/2022

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

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 7.10 p.m. on 24/02/2022 to 1 a.m. 25/02/2022 - Applicant 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 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018); the complaints were raised in the administrative 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 conviction was based

57351/22*

13/11/2022

Ulyana Aleksandrovna BOGRACHEVA

1974Calls to participation in the manifestation against the war in Ukraine

Moscow

12/03/2022

Manifestation against the war in Ukraine

Moscow

24/02/2022

article 20.2 § 2 of CAO

article 20.2 § 5 of CAO

fine of RUB 20,000

fine of RUB 15,000

Moscow City Court

13/07/2022

Moscow City Court

19/07/2022

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 administrative proceedings;

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 13/03/2022 - Applicant 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 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); the complaint was raised in the administrative proceedings

57553/22*

02/12/2022

Polina Yuryevna ZHUCHKOVA

2003Manifestation against the war in Ukraine

Moscow

25/02/2022

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

03/08/2022

Art. 5 (1) - unlawful detention - Arrest and detention from 8.20 p.m. om 25/02/2022 to 6.32 a.m. on 26/02/2022 - Applicant 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 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018); the complaints were raised in the administrative proceedings;

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 - The applicant was unable to confront the police officers on whose written statements her conviction was based.

57587/22*

19/11/2022

Kristina Vladimirovna DEYEVA

1995Kristina Olegovna Tyurina

Nizhniy Novgorod

Manifestation against the war in Ukraine

Nizhniy Novgorod

06/03/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Nizhniy Novgorod Regional Court

20/07/2022

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

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 06/03/2022 - Applicant 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 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); the complaint was raised in the administrative proceedings

57728/22*

08/12/2022

Arseniy Nikolayevich VASILENKO

2001Timofey Borisovich Ushakov

Kokoshkino

Manifestation against the war in Ukraine

Moscow

26/02/2022

Manifestation against the war in Ukraine

Moscow

27/02/2022

article 20.2 § 5 of CAO

article 20.2 § 5 of CAO

fine of RUB 20,000

fine of RUB 15,000

Moscow City Court

11/11/2022

Moscow City Court

15/08/2022

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 the proceedings which ended on 15/08/2022

7559/23*

04/01/2023

Maksim Aleksandrovich DEMINSKIY

1966Manifestation against the war in Ukraine

Moscow

03/03/2022

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

09/09/2022

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention from 7 p.m. on 03/03/2022 to 6 a.m. on 04/03/2022 - Applicant 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 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018); the complaints were raised in the administrative proceedings;

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

7565/23*

06/01/2023

Yekaterina Aleksandrovna VIKHANSKAYA

1995Manifestation against the war in Ukraine

Moscow

03/03/2022

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

09/09/2022

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Detention took place from 7.30 p.m. on 03/03/2022 to 2.30 a.m. on 04/03/2022 - Applicant 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 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); Applicant 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 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019) (raised on appeal in the administrative proceedings);

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - fine of RUB 20,000; 09/09/2022, Moscow City Court

8026/23*

27/03/2022

Mikhail Leontyevich UDIMOV

1955Nikolay Sergeyevich Zboroshenko

Mytishchi

Manifestation against the war in Ukraine

Moscow

20/02/2022

article 19.3 § 1 of CAO

administrative detention of 15 days

Moscow City Court

25/02/2022

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

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 20/02/2022 - Applicant 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 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); the complaint was raised in the administrative proceedings