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KODIY v. RUSSIA and 29 other applications

Doc ref: 2084/22, 2097/22, 2108/22, 2172/22, 2212/22, 2545/22, 2581/22, 2612/22, 2854/22, 2861/22, 2871/22, 2... • ECHR ID: 001-229229

Document date: November 2, 2023

  • Inbound citations: 1
  • Cited paragraphs: 0
  • Outbound citations: 2

KODIY v. RUSSIA and 29 other applications

Doc ref: 2084/22, 2097/22, 2108/22, 2172/22, 2212/22, 2545/22, 2581/22, 2612/22, 2854/22, 2861/22, 2871/22, 2... • ECHR ID: 001-229229

Document date: November 2, 2023

Cited paragraphs only

Published on 27 November 2023

FIRST SECTION

Application no. 2084/22 Aleksandra Aleksandrovna KODIY against Russia and 29 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

2084/22

10/12/2021

Aleksandra Aleksandrovna KODIY

2001Daniil Aleksandrovich Semenov

St Petersburg

Rally "Free Navalnyy"

St Petersburg

02/02/2021

article 20.2.2. § 1 of CAO

fine of RUB 10,000

St Petersburg City Court

10/06/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 02/02/2021 until 03/02/2021,

Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the police officers on whose written statements the 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

2097/22

14/12/2021

Pavel Valeryevich SOKOLOV

1996Memorial Human Rights Centre

Moscow

Rally "Free Navalnyy"

Krasnoyarsk

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Krasnoyarsk Regional Court

17/06/2021

Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 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 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the police officers on whose written statements the conviction was based

2108/22

13/12/2021

Aleksey Aleksandrovich SHIRYAYEV

1994Konstantin Mikhaylovich Zinovyev

Nizhniy Novgorod

Rally "Free Navalnyy"

Nizhniy Novgorod

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Nizhniy Novgorod Regional Court

16/06/2021

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 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the police officers on whose written statements the conviction was based

2172/22*

10/12/2021

Artem Vitalyevich ANKUDIMOV

1994Olimpiada Valentinovna Usanova

Nizhniy Novgorod

Rally "Free Navalnyy"

Nizhniy Novgorod

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Nizhniy Novgorod Regional Court

10/06/2021

Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 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

2212/22

09/12/2021

Irina Nikolayevna SOKOVA

1999Konstantin Mikhaylovich Zinovyev

Nizhniy Novgorod

Rally "Free Navalnyy"

Nizhniy Novgorod

21/04/2021

article 20.2 § 2 of CAO

fine of RUB 10,000

Nizhniy Novgorod Regional Court

10/06/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 21/04/2021 until 22/04/2021,

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

2545/22*

20/12/2021

Andrey Yuryevich ILLARIONOV

1971Yevgeniy Vyacheslavovich Antokhin

Moscow

Rally "Free Navalnyy"

Moscow

31/01/2021

article 20.2 § 6.1 of CAO

fine of RUB 10,000

Moscow City Court

01/07/2021

Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 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 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the police officers on whose written statements the conviction was based

2581/22*

28/12/2021

Yegor Anatolyevich FILIMONOV

1985Memorial Human Rights Centre

Moscow

Rally "Free Navalnyy"

Moscow

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

29/06/2021

Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 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 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the police officers on whose written statements the conviction was based

2612/22

09/12/2021

Yekaterina Dmitriyevna MARKOVA

2002Konstantin Mikhaylovich Zinovyev

Nizhniy Novgorod

Rally "Free Navalnyy"

Nizhniy Novgorod

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Nizhniy Novgorod Regional Court

10/06/2021

Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 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

2854/22*

09/12/2021

Aleksey Yuryevich FEFELOV

1977Memorial Human Rights Centre

Moscow

Rally "Free Navalnyy"

St Petersburg

31/01/2021

article 20.2.2. § 1 of CAO

fine of RUB 10,000

St Petersburg City Court

10/06/2021

Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 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 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the police officers on whose written statements the conviction was based

2861/22

09/12/2021

Vadim Yevgenyevich SEROV

1986Memorial Human Rights Centre

Moscow

Rally "Free Navalnyy"

Volgograd

21/04/2021

article 20.2 § 5 of CAO

fine of RUB 20,000

Volgograd Regional Court

09/06/2021

Art. 5 (1) - unlawful detention - escorting to the police station on 21/04/2021 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

2871/22*

09/12/2021

Filipp Nikolayevich KOZLOV

1984Memorial Human Rights Centre

Moscow

Rally "Free Navalnyy"

Moscow

23/01/2021

article 20.2 § 6.1 of CAO

fine of RUB 15,000

Moscow City Court

09/06/2021

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 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the police officers on whose written statements the conviction was based

2935/22*

21/12/2021

Nikolay Gennadyevich BAKHALKHANOV

1995Yelena Yuryevna Pershakova

Moscow

Rally "Free Navalnyy"

Krasnoyarsk

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 20,000

Krasnoyarsk Regional Court

24/06/2021

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 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the police officers on whose written statements the conviction was based

2995/22*

27/12/2021

Aleksandr Sergeyevich KUZIKOV

1973Yelena Yuryevna Pershakova

Moscow

Rally "Free Navalnyy"

Perm

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Perm Regional Court

05/07/2021

Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 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 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the police officers on whose written statements the conviction was based

3014/22*

27/12/2021

Svetlana Ruslanovna SHILO

1969Yelena Yuryevna Pershakova

Moscow

Rally "Free Navalnyy"

Moscow

31/01/2021

article 20.2 § 6.1 of CAO

detention of 3 days

Moscow City Court

05/07/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 31/01/2021 until 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 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the police officers on whose written statements the conviction was based

3139/22

02/12/2021

Danila Andreyevich BARYSHNIKOV

1988Memorial Human Rights Centre

Moscow

Rally "Free Navalnyy"

Ufa

21/04/2021

article 20.2 § 5 of CAO

fine of RUB 15,000

Supreme Court of the Bashkortostan Republic

02/06/2021

Art. 5 (1) - unlawful detention - escorting to the police station on 21/04/2021 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 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the police officers on whose written statements the conviction was based

3183/22

11/12/2021

Lyubov Nikolayevna BORMOTOVA

Sofya Zurabovna Sharangiya

Nizhniy Novgorod

Rally "Free Navalnyy"

Nizhniy Novgorod

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Nizhniy Novgorod Regional Court

03/06/2021

(final judgment served on the applicant on 11/06/2021)

Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 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

3236/22*

16/12/2021

Yegor Igorevich TORGOV

1998Konstantin Mikhaylovich Zinovyev

Nizhniy Novgorod

Rally "Free Navalnyy"

Nizhniy Novgorod

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Nizhniy Novgorod Regional Court

16/06/2021

Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 for compiling an offence report,

Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the police officers on whose written statements the 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

3312/22*

15/12/2021

Anatoliy Nikolayevich MIGUNOV

1989Andrey Olegovich Valenkov

Nizhniy Novgorod

Rally "Free Navalnyy"

Nizhniy Novgorod

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Nizhniy Novgorod Regional Court

16/06/2021

Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 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 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the police officers on whose written statements the conviction was based

13158/22*

02/02/2022

Nikita Vyacheslavovich GULYAYEV

2001Darya Dmitriyevna Aksenova

Kolomna

Rally "Free Navalnyy"

Moscow

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

03/08/2021

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

Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the police officers on whose written statements the conviction was based

15890/22*

22/03/2022

Ilya Sergeyevich FESHCHENKO

1994Darya Dmitriyevna Aksenova

Kolomna

Rally "Free Navalnyy"

Moscow

31/01/2021

article 20.2 § 6.1 of CAO

fine of RUB 10,000

Moscow City Court

11/10/2021

Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 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 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the police officers on whose written statements the conviction was based

17430/22

05/03/2022

Stanislav Yuryevich PINAYEVSKIY

1990Rally "Free Navalnyy"

St Petersburg

31/01/2021

article 20.2.2. § 1 of CAO

fine of RUB 15,000

St Petersburg City Court

07/09/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 31/01/2021 until 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 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the police officers on whose written statements the conviction was based

18039/22*

25/03/2022

Ivan Igorevich PETROV

1992Ivan Yuryevich Zhdanov

Vilnius

Rally "Free Navalnyy"

St Petersburg

31/01/2021

article 20.2.2. § 1 of CAO

fine of RUB 10,000

St Petersburg City Court

28/09/2021

20880/22*

21/01/2022

Stepan Yuryevich SALPANOV

1989Rally "Free Navalnyy"

Samara

31/01/2021

article 20.2.2 § 1 of CAO

fine of RUB 10,000

Samara Regional Court

21/10/2021

22650/22*

17/04/2022

Vasiliy Grigoryevich CHERKASOV

2000Rally "Free Navalnyy"

Moscow

21/04/2021

article 20.2 § 5 of CAO

fine of RUB 15,000

Moscow City Court

21/10/2021

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

Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the police officers on whose written statements the conviction was based

23362/22*

20/04/2022

Konstantin Sergeyevich SOKOLOV

Rally "Free Navalnyy"

Moscow

31/01/2021

article 20.2 § 6.1 of CAO

fine of RUB 10,000

Moscow City Court

17/01/2022

Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 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 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the police officers on whose written statements the conviction was based

23582/22

15/04/2022

Igor Dmitriyevich RODIONOV

1991Rally "Free Navalnyy"

Moscow

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

25/10/2021

Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 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 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the police officers on whose written statements the conviction was based

23593/22*

14/04/2022

Karina Ashotovna TAMRAZYAN

Darya Dmitriyevna Aksyenova

Kolomna

Protest against constitutional amendments

Moscow

15/07/2020

article 20.2 § 6.1 of CAO

fine of RUB 10,000

Moscow City Court

15/10/2021

Art. 5 (1) - unlawful detention - escorting to the police station on 15/07/2020 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 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the police officers on whose written statements the conviction was based

25470/22*

26/04/2022

Pavel Nikolayevich VIRGUSH

1993Nataliya Andreyevna Baranova

Moscow

Rally "Free Navalnyy"

Novosibirsk

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 12,000

Novosibirsk Regional Court

28/10/2021

Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 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

31286/22*

18/05/2022

Petr Mikhaylovich SINITSYN

1985Aleksey Vladimirovich Bushmakov

Yekaterinburg

Anti-war protest

Yekaterinburg

24/02/2022

article 20.2 § 2 of CAO

detention of 9 days

Sverdlovsk Regional Court

03/03/2022

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

31289/22

18/05/2022

Olga Gennadyevna GREBENKINA

1995Aleksey Vladimirovich Bushmakov

Yekaterinburg

Rally "Free Navalnyy"

Yekaterinburg

21/04/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Sverdlovsk Regional Court

10/02/2022

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

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