Published on 27 November 2023

THIRD SECTION

Application no. 33409/17 Mikhail Vladimirovich SAULYAK against Russia and 10 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 6 § 1 of the Convention relating to lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings which are the subject of well-established case law of the Court (see Karelin v. Russia, no. 926/08, 20 September 2016).

APPENDIX – STATEMENT OF FACTS

List of applications raising complaints under Article 6 § 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

Applicant’s name

Year of birth

Representative’s name and location

Penalty

Date of final domestic decision

Name of court

Other complaints under

well-established case-law

33409/17*

17/04/2017

Mikhail Vladimirovich SAULYAK

1964fine of RUB 30,000

31/01/2017,

Volskiy District Court of the Saratov Region

38452/18*

01/08/2018

Dmitriy Aleksandrovich NIZOVTSEV

1987Ivan Yuryevich Zhdanov

Vilnius

10 days of detention

5 days of detention

fine of RUB 30,000

06/02/2018,

Moscow City Court

10/12/2018,

Moscow City Court

13/05/2021,

Moscow City Court

Art. 5 (1) - unlawful detention - on 31/01/2021 escorting to a police station for compiling an offence report,

Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - in particular, the right to examine police officers whose pre-trial statements or reports were used for convicting the applicant in the 2018 cases,

Art. 10 (1) - various restrictions on the right to freedom of expression:

(i) on 28/01/2018 the applicant broadcasted live at Navalnyy. Live YouTube channel from Moscow office of Anti-Corruption Foundation (FBK) on ongoing nationwide protest rallies; at 8 a.m. the police received a call about an explosive device in that building; at 9.40 a.m. police officers broke into FBK’s office and inspected it; the applicant was arrested and taken to a police station; video and other equipment was seized making it impossible to continue the broadcast; the applicant was sentenced to 10-day detention for disobedience to the police (Art. 19.3 of CAO, final decision on 06/02/2018, Moscow City Court);

(ii) on 09/09/2018 the applicant filmed a report for (and then shown at) for Navalnyy. Live YouTube channel from the venue of the imminent protest rally on the pension reform; he was arrested and sentenced to a fine of RUB 30,000 for acting as the rally organiser because of his broadcast (Art. 20.2 § 2 of CAO, final decision on 10/12/2018, Moscow City Court);

(iii) on 31/01/2021 the applicant was arrested and sentenced to 5-day detention for reposting on 29/01/2021 a call to participate in the rally on 31/01/2021 to support A. Navalnyy (Art. 20.2 § 2 of CAO, final decision on 13/05/2021, Moscow City Court),

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - inability to participate in the rally on 31/01/2021 on account of the applicant’s unlawful arrest on that date and ensuing unlawful and disproportionate sentence of detention executed immediately (see above)

16397/19*

11/03/2019

Yelena Sergeyevna ARKADYEVA

1998Yelena Yuryevna Pershakova

Moscow

fine of RUB 10,000

11/09/2018,

Perm Regional Court

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - the applicant was sentenced to a fine under Art. 20.2 § 5 of CAO on account of her participation in an opposition rally on 05/05/2018 (final decision on 11/09/2018 by Perm Regional Court)

17104/19*

21/03/2019

Yelena Vladimirovna MALAKHOVSKAYA

1982Aleksandr Yevgenyevich Pomazuyev

Vilnius

fine of RUB 20,000

24/09/2018,

Moscow City Court

Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - in particular, the right to examine police officers whose pre-trial statements or reports were used for convicting the applicant (Art. 20.2 § 2 of CAO, final decision on 24/09/2018 by Moscow City Court),

Art. 10 (1) - conviction for making calls to participate in public events - unlawful and disproportionate fine, in the above proceedings, for “organising” a protest rally in Moscow on 05/05/2018 by way of calling others to participate in it in a webcast from Lithuania at Navalnyy. Live YouTube channel, covering this and other nationwide rallies on that date; the courts decided that they had jurisdiction for the offence committed online from another country because it concerned actions aimed at misconduct in Russia

24523/19*

08/04/2019

Vladimir Viktorovich ARSENTYEV

1979Irina Aleksandrovna Yatsenko

Moscow

fine of RUB 15,000

08/10/2018,

Moscow City Court

Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - in particular, the right to examine police officers whose pre-trial statements or reports were used for convicting the applicant (Art. 20.2 § 5 of CAO, final decision on 08/10/2018 by Moscow City Court),

Art. 10 (1) - measures in relation to media coverage of public assemblies - acting as a freelance reporter on assignment from the newspaper outlet of NGO "For Human Rights", the applicant was arrested and sentenced, in the above proceedings, to a fine for participation in an anticorruption rally on 12/06/2017 in Moscow,

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - the applicant was arrested and sentenced, in the above proceedings, to a fine as a participant in the rally

46857/19*

18/08/2019

Viktoriya Igorevna AREFYEVA

2000Anton Sergeyevich Grachev

Gatchina

fine of RUB 20,000

19/02/2019,

St Petersburg City Court

Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - right to examine police officers whose pre-trial statements or reports were used for convicting the applicant (Art. 20.2 § 2 of CAO, final decision on 19/02/2019 by St Petersburg City Court),

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - the applicant was sentenced, in the above proceedings, to a fine for organising on 07/11/2018 a rally (a performance) against the pension reform

5413/20*

04/01/2020

Vladimir Vasilyevich GOLUBEV

1982

15 days of detention

18/10/2019,

Nizhniy Novgorod Regional Court

1234/21*

16/12/2020

Milana Olegovna ZEMTSOVA

2001Mansur Idrisovich Gilmanov

Podolsk

fine of RUB 20,000

fine of RUB 20,000

fine of RUB 20,000

12/10/2020,

Moscow City Court

12/10/2020,

Moscow City Court

29/06/2021,

Moscow City Court

Art. 5 (1) - unlawful detention - (i) on 28/05/2000 and 22/06/2020 escorting to a police station for compiling offence reports; (ii) on 18-20/07/2020 escorting to and detention in a police station for and after compiling an offence report,

Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - in all three cases - in particular, the right to examine police officers whose pre-trial statements or reports were used for convicting the applicant (including, as the organiser of a rally on 18/07/2020),

Art. 10 (1) - measures in relation to media coverage of public assemblies - displaying a press card and being assigned by a media outlet to report on planned protests against a bill of 15/07/2020 affecting transgender persons, the applicant was present at the venue of a series of solo demonstrations in front of the State Duma on 18/07/2020; she was arrested and sentenced to a fine as the organiser of that assembly (Art. 20.2 § 2 of CAO; final decision on 12/10/2020 by Moscow City Court),

Art. 10 (1) - disproportionate measures against solo demonstrators - the applicant conducted a solo demonstration to support I. Azar on 28/05/2020; she was arrested and convicted as a participant in a group event instead (Art. 20.2 § 5 of CAO, final decision on 12/10/2020 by Moscow City Court),

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - as regards the two fines imposed on her for the violation of the regulations applicable to organisers of and participants in public events under the Public Events Act (see above); she was also arrested and fined for her participation in a protest rally on 22/06/2020 (Art. 20.2 § 5 of CAO, final decision on 29/06/2021 by Moscow City Court)

23655/21*

20/04/2021

Aleksandr Vladimirovich PLYUSHCHEV

1972Fedor Yevgenyevich Sirosh

Moscow

fine of RUB 10,000

22/10/2020,

Moscow City Court

Art. 5 (1) - unlawful detention - on 28/05/2020 escorting to a police station for compiling an offence report,

Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - right to examine police officers whose pre-trial statements or reports were used for convicting the applicant (Art. 20.2 of § 5 CAO, final decision on 22/10/2020 by Moscow City Court),

Art. 10 (1) - disproportionate measures against solo demonstrators - the applicant was arrested and sentenced, in the above proceedings, to a fine; the courts classified his solo demonstration on 28/05/2020 (to support journalist I. Azar) as an assembly subject to prior notification requirement,

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies – see above

28933/21*

20/05/2021

Petr Sergeyevich PARKHOMENKO

1982Alan Olegovich Gamazov

Moscow

fine of RUB 10,000

20/11/2020,

Moscow City Court

Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - right to examine police officers whose pre-trial statements or reports were used for convicting the applicant (Art. 20.2 § 5 of CAO, final decision on 20/11/2020 by Moscow City Court),

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - the applicant was sentenced, in the above proceedings, to a fine on account of participation in a rally to support I. Safronov on 13/07/2020

51947/21*

08/10/2021

Maksim Sergeyevich PYATUNIN

1990Memorial Human Rights Centre

Moscow

32 hours of community work

21/04/2021,

Nizhniy Novgorod Regional Court

Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - right to examine police officers whose pre-trial statements or reports were used for convicting the applicant (Art. 20.2 § 5 of CAO, final decision on 21/04/2021 by Nizhniy Novgorod Regional Court),

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - the applicant was arrested and sentenced, in the above proceedings, to community work for his participation in a rally to support A. Navalnyy on 31/01/2021