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KOSHKINA v. RUSSIA and 17 other applications

Doc ref: 38676/21, 17/22, 1433/22, 3010/22, 4339/22, 4342/22, 4347/22, 4432/22, 5358/22, 5636/22, 5638/22, 56... • ECHR ID: 001-229261

Document date: November 2, 2023

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KOSHKINA v. RUSSIA and 17 other applications

Doc ref: 38676/21, 17/22, 1433/22, 3010/22, 4339/22, 4342/22, 4347/22, 4432/22, 5358/22, 5636/22, 5638/22, 56... • ECHR ID: 001-229261

Document date: November 2, 2023

Cited paragraphs only

Published on 27 November 2023

FOURTH SECTION

Application no. 38676/21 Tatyana Vladimirovna KOSHKINA against Russia and 17 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 offence

Penalty

Final domestic decision

Court Name

Date

Other complaints under well-established case-law

38676/21

15/07/2021

Tatyana Vladimirovna KOSHKINA

1952Memorial 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

16/04/2021

Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 31/01/2021 for the sole purpose of drawing up a record of administrative offence,

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

17/22*

02/12/2021

Tatyana Yuryevna BEZBORODOVA

1995Darya Dmitriyevna Aksenova

Kolomna

Rally “Free Navalnyy”

Moscow

31/01/2021

article 20.2 § 6.1 of CAO

fine of RUB 20,000

Moscow City Court

21/06/2021

Art. 5 (1) - unlawful detention - arrest and escorting to a police station on and detention on 31/01/2021 the sole purpose of drawing up an offence record,

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 two police officers on whose written statements her conviction was based

1433/22*

30/12/2021

Ivan Viktorovich PROSKURIN

1985Ivan Yuryevich Zhdanov

Vilnius

Gathering in support of A. Navalnyy

Moscow

02/02/2021

article 20.2 § 5 of CAO

fine of RUB 15,000

Moscow City Court

19/08/2021

Art. 5 (1) - unlawful detention - arrest, escorting to and detention at the police station on 02/02/2021 for the sole purpose of 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 (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

3010/22*

22/12/2021

Yegor Leonidovich DOROZHKIN

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

21/07/2021

Art. 5 (1) - unlawful detention - arrest, delayed escorting to the police station (3h 25 min), detention on 31/01/2021 for the sole purpose of 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 (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 and prosecution witness P. on whose written statements his conviction was based

4339/22*

30/12/2021

Aleksey Sergeyevich ARUTYUNOV

1980Memorial Human Rights Centre

Moscow

Rally “Free Navalnyy”

Moscow

02/02/2021

article 20.2 § 5 of CAO

fine of RUB 15,000

Moscow City Court

03/08/2021

Art. 5 (1) - unlawful detention - arrest, escorting to and detention at the police station on 02/02/2021 for the sole purpose of 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 (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

4342/22*

30/12/2021

Yevgeniya Vasilyevna BORISOVA

1955Memorial Human Rights Centre

Moscow

Rally “Free Navalnyy”

Moscow

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

15/07/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station on 23/01/2021 for the sole purpose of 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 (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

4347/22*

30/12/2021

Aleksey Andreyevich RYABENKO

2001Memorial Human Rights Centre

Moscow

Rally “Free Navalnyy”

Moscow

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

05/07/2021

Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 23/01/2021 for the sole purpose of drawing up an offence record,

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

4432/22*

30/12/2021

Aleksey Gennadyevich BUZANOV

1984Viktor Valeryevich Kochenkov

Izhevsk

Rally “Free Navalnyy”

Izhevsk

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Supreme Court of the Udmurt Republic

30/06/2021

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

5358/22*

29/12/2021

Yegor Maksimovich FESHCHISHIN

2003Leonid Alekseyevich Solovyev

Moscow

Event for fair elections

Moscow

22/09/2021

article 19.3 § 1 of CAO

administrative detention of 10 days

Moscow City Court

27/09/2021

Art. 5 (1) - unlawful detention - arrest, escorting to and detention at the police station between 22/09/2021 and 23/09/2021 as administrative suspect, pending the examination of the case by the first-instance court, 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 - inability to cross-examine in the trial the police officers on whose written statements the applicant’s 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

5636/22*

24/12/2021

Pavel Vladimirovich SADIKOV

1971Memorial Human Rights Centre

Moscow

Rally “Free Navalnyy”

Moscow

21/04/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

29/07/2021

Art. 5 (1) - unlawful detention - arrest, escorting to and detention at the police station on 28/04/2021 for drawing up an offence record,

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

5638/22*

24/12/2021

Vasiliy Yevgenyevich MASLOV

1997Memorial Human Rights Centre

Moscow

Rally “Free Navalnyy”

Moscow

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

07/07/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station on 31/01/2021 for drawing up 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 (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

5641/22*

24/12/2021

Mikhail Aleksandrovich MATROSOV

1987Memorial Human Rights Centre

Moscow

Rally “Free Navalnyy”

Moscow

31/01/2021

article 20.2 § 6.1 of CAO

fine of RUB 15,000

Moscow City Court

29/06/2021

Art. 5 (1) - unlawful detention - arrest, delayed escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect,

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, as well as three defence witnesses

5645/22*

24/12/2021

Bashir Aliaskhabovich KURBANOV

1984Memorial 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

25/06/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station on 31/01/2021 for the sole purpose of 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 (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

5986/22*

13/01/2022

Aleksandr Sergeyevich GALKIN

1991Andrey 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

14/07/2021

Art. 5 (1) - unlawful detention - arrest, delayed escorting to a police station (3h 30 min.), detention on 31/01/2021 for the sole purpose of 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 (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 and prosecution witness P. on whose written statements the applicant’s conviction was based

6530/22*

22/01/2022

Roman Maksimovich SHTEYN

1987Andrey 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

24/06/2021

Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 31/01/2021, for the sole purpose of drawing up the offence record and after such record had been compiled, in excess of three hours,

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 and prosecution witness P. on whose written statements the applicant’s conviction was based

7134/22*

31/01/2022

Nikita Anatolyevich SHULGA

1995Ivan Yuryevich Zhdanov

Vilnius

Rally "Free Navalnyy"

Moscow

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 15,000

Moscow City Court

19/08/2021

Art. 5 (1) - unlawful detention - arrest, escorting to and detention at the police station on 31/01/2021 for the sole purpose of compiling an offence report

18967/22

19/03/2022

Aleksandr Ivanovich IVANOV

1995Memorial Human Rights Centre

Moscow

Rally “Free Navalnyy”

Moscow

31/01/2021

article 20.2 § 6.1 of CAO

fine of RUB 15,000

Moscow City Court

21/09/2021

Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial, and after the offence report had been compiled,

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

20454/22*

07/03/2022

Grigoriy Ivanovich VERSHININ

1990Memorial Human Rights Centre

Moscow

Rally “Free Navalnyy”

Perm

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Perm Regional Court

08/09/2021

Art. 5 (1) - unlawful detention - arrest, 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 (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

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