Published on 27 November 2023

SECOND SECTION

Application no. 32180/21 Eldar Erikovich YELYSHEV against Russia and 20 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 charges

Penalty

Final domestic decision

Court Name

Date

Other complaints under well-established case-law

32180/21

11/06/2021

Eldar Erikovich YELYSHEV

1997Memorial Human Rights Centre

Moscow

Rally in support of Mr A. Navalnyy

Ufa

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 14,000

Supreme Court of the Bashkortostan Republic

24/03/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 1.25 p.m. to 5.50 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 - final decision: Supreme Court of the Bashkortostan Republic, 24/03/2021,

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

38692/21*

15/07/2021

Pavel Robertovich PUSHNOV

1968Memorial Human Rights Centre

Moscow

Rally in support of Mr A. Navalnyy

Moscow

31/01/2021

article 20.2 § 6.1 of CAO

fine of RUB 15,000

Moscow City Court

17/05/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 1.05 p.m. on 31/01/2021 to 1.00 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 - final decision: Moscow City Court, 17/05/2021,

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 the police officers on whose written statements the applicant’s conviction was based and to submit evidence on the equal footing with the prosecution

38915/21*

12/07/2021

Sergey Ivanovich GAMBARYAN

2000Darya Dmitriyevna Aksenova

Kolomna

Rally in support of Mr A. Navalnyy

Moscow

31/01/2021

article 20.2 § 8 of CAO

administrative detention of 15 days

Moscow City Court

09/02/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 5.30 p.m. on 31/01/2021 to 02/02/2021, hearing in the applicant’s administrative-offence case,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 09/02/2021,

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

39335/21

22/07/2021

Valeriy Vitalyevich PEREPELKIN

1985Memorial Human Rights Centre

Moscow

Rally in support of Mr A. Navalnyy

Moscow

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

12/04/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 1.30 to 11.30 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 - final decision: Moscow City Court, 12/04/2021,

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

39868/21*

29/07/2021

Revaz Davidovich GABELAYA

1993Yelena Yuryevna Pershakova

Moscow

Rally in support of Mr A. Navalnyy

Moscow

31/01/2021

article 20.2 § 6.1 of CAO

administrative detention of 15 days

Moscow City Court

04/02/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 12.45 a.m. on 31/01/2021 to 1.11 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 - final decision: Moscow City Court, 04/02/2021,

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

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 code of the administrative offences (CAO)

41309/21*

30/07/2021

Adel Radikovna GORSHENINA

2000Aleksandra Nikolayevna Bayeva

Moscow

Rally in support of Mr A. Navalnyy

Ufa

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Supreme Court of the Bashkortostan Republic

29/03/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 12.25 p.m. to 4.00 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 - final decision: Supreme Court of the Bashkortostan Republic, 29/03/2021

46000/21*

01/09/2021

Kirill Vladimirovich PAVLOV

1971Konstantin Aleksandrovich Markin

Velikiy Novgorod

Rally in support of Mr A. Navalnyy

Velikiy Novgorod

23/01/2021

article 20.2 § 5 of CAO

community work of 20 hours

Novgorod Regional Court

04/03/2021

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Novgorod Regional Court, 04/03/2021,

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

47233/21

16/09/2021

Nikita Olegovich SHIPUGIN

2000Memorial Human Rights Centre

Moscow

Rally in support of Mr A. Navalnyy

Barnaul

31/01/2021

article 20.2 § 6.1 of CAO

fine of RUB 10,000

Altay Regional Court

19/03/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 2.05 p.m. to 7.45 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 - final decision: Altay Regional Court, 19/03/2021

47241/21

10/09/2021

Kirill Andreyevich SLOTIN

1998Ernest Aleksandrovich Mezak

Saint-Barthélemy-d’Anjou

Rally in support of Mr A. Navalnyy

Syktyvkar

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Supreme Court of the Komi Republic

10/03/2021

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Supreme Court of the Komi Republic, 10/03/2021

47243/21*

10/09/2021

Aleksey Vladimirovich MALOV

1978Tatyana Georgiyevna Martynova

Pskov

Rally in support of Mr A. Navalnyy

Pskov

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Pskov Regional Court

22/03/2021

Art. 5 (1) unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence, on 23/01/2021, while the record was drawn up only on 26/01/2021,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Pskov Regional Court, 22/03/2021

47245/21*

10/09/2021

Nikolay Aleksandrovich KUZMIN

1980Tatyana Georgiyevna Martynova

Pskov

Rally in support of Mr A. Navalnyy

Pskov

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 15,000

Pskov Regional Court

22/03/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, 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 - final decision: Pskov Regional Court, 22/03/2021,

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 open court police officer on whose written statements the applicant’s conviction was based,

Art. 10 (1) - conviction for making calls to participate in public events - on 15/03/2015 the applicant published a post on his VK social network wall containing a video of Maria Ovsyannikova’s public anti-war protest on TV and commented "Very brave woman". On 17/04/2022 the applicant was arrested and escorted to the police station where he was charged with an administrative offence. He was convicted as charged and sentenced to an administrative fine of RUB 30,000 (public actions aimed at discrediting the use of the Russian Armed Forces under Art. 20.3.3 § 1 of the CAO) (final decision: 20/06/2022, Pskov Regional Court)

48039/21*

09/09/2021

Igor Olegovich GOLOVIN

1999Anna Yevgenyevna Bochilo

Barnaul

Rally in support of Mr A. Navalnyy

Kursk

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 15,000

Kursk Regional Court

02/04/2021

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Kursk Regional Court, 02/04/2021,

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

50102/21*

21/09/2021

Yekaterina Anatolyevna NAGORNAYA

2002Darya Dmitriyevna Aksenova

Kolomna

Rally in support of Mr A. Navalnyy

Moscow

31/01/2021

article 20.2 § 5 of CAO

Fine of RUB 15,000

Moscow City Court

22/03/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, 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 - final decision: Moscow City Court, 22/03/2021,

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

54914/21*

14/10/2021

Solomon Semenovich SHLOSMAN

1991Darya Dmitriyevna Aksenova

Kolomna

Rally in support of Mr A. Navalnyy

Moscow

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

20/04/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, 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 - final decision: Moscow City Court, 20/04/2021,

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 two police officers on whose written statements his conviction was based

54926/21*

14/10/2021

Dmitriy Aleksandrovich YURYEV

1995Darya Dmitriyevna Aksenova

Kolomna

Rally in support of Mr A. Navalnyy

Moscow

31/01/2021

article 20.2 § 6.1 of CAO

fine of RUB 10,000

Moscow City Court

21/07/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, detention in excess of 3 hours and without “exceptional circumstances”, from 12.15 p.m. to 9.30 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 - final decision: Moscow City Court, 21/07/2021,

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 two police officers on whose written statements his conviction was based

57075/21*

26/10/2021

Elza Rafilevna MAYER (MIRGALIYEVA)

1995Natalya Andreyevna Baranova

Moscow

Rally in support of Mr A. Navalnyy

Moscow

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

26/04/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 4.00 p.m. to 11.00 p.m. on 23/01/2021, the applicant spent 2 hours in the police van,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 26/04/2021,

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

57677/21

26/10/2021

Aleksey Sergeyevich TABACHINSKIY

1993Aleksey Vladimirovich Glukhov

Novocheboksarsk

Rally in support of Mr A. Navalnyy

Samara

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Samara Regional Court

29/04/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.50 p.m. to 9.55 p.m. 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 - final decision: Samara Regional Court, 29/04/2021

58021/21

27/10/2021

Yelena Pavlovna SAMOKHVALOVA

1977Anna Yevgenyevna Bochilo

Barnaul

Rally in support of Mr A. Navalnyy

Moscow

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

11/05/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.30 p.m. to 7.30 p.m. 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 - final decision: Moscow City Court, 11/05/2021,

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

58023/21

27/10/2021

Natalya Yevgenyevna KOSHURNIKOVA

1969Anna Yevgenyevna Bochilo

Barnaul

Rally in support of Mr A. Navalnyy

Moscow

31/01/2021

article 20.2 § 6.1 of CAO

community works of 55 hours

Moscow City Court

21/06/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 2.15 p.m. on 31/01/2022 to 5.10 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 - final decision: Moscow City Court, 21/06/2021,

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

58677/21

12/11/2021

Nataliya Dmitriyevna RUSAKOVICH

1998Aleksey Vladimirovich Glukhov

Novocheboksarsk

Rally in support of Mr A. Navalnyy

Samara

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Samara Regional Court

13/05/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 2.30 to 8.00 p.m. 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 - final decision: Samara Regional Court, 13/05/2021

59239/21*

12/11/2021

Ilya Romanovich LITVINTSEV

1995Darya Dmitriyevna Aksenova

Kolomna

Rally in support of Mr A. Navalnyy

Moscow

31/01/2021

article 20.2 § 6.1 of CAO

administrative detention of 10 days

Moscow City Court

13/05/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 2.10 p.m. on 31/01/2021 to 1.15 p.m. on 01/02/2021, hearing in the applicant’s administrative-offence case,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 13/05/2021,

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 two police officers on whose written statements his conviction was based