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BISS v. RUSSIA and 29 other applications
Doc ref: 51079/21, 51084/21, 51088/21, 51090/21, 51107/21, 51110/21, 51231/21, 51386/21, 51398/21, 51444/21, ... • ECHR ID: 001-229262
Document date: November 2, 2023
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BISS v. RUSSIA and 29 other applications
Doc ref: 51079/21, 51084/21, 51088/21, 51090/21, 51107/21, 51110/21, 51231/21, 51386/21, 51398/21, 51444/21, ... • ECHR ID: 001-229262
Document date: November 2, 2023
Cited paragraphs only
Published on 27 November 2023
FIFTH SECTION
Application no. 51079/21 Ivan Pavlovich BISS 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 offence
Penalty
Final domestic decision
Court Name
Date
Other complaints under well-established case-law
51079/21
13/10/2021
Ivan Pavlovich BISS
1987Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
11/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 6.30 p.m. on 23/01/2021 until 10.00 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,
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.
51084/21*
13/10/2021
Anton Andreyevich KUKARKIN
1996Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Yekaterinburg
23/01/2021
article 20.2 § 5 of CAO
20 hours of community work
Sverdlovsk Regional Court
14/04/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 4.50 p.m. on 23/01/2021 until 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,
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.
51088/21
13/10/2021
Yegor Gennadyevich ZELENETSKIY
1996Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
detention for 7 days
Moscow City Court
11/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 1.20 p.m. on 31/01/2021 until 3.30 p.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.
51090/21
13/10/2021
Kseniya Vladimirovna MUKHLYNINA
1988Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
14/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 5.10 p.m. until 9 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,
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.
51107/21
13/10/2021
Mikhail Vladimirovich CHUVAKIN
1971Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
14/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.15 p.m. on 23/01/2021 until 12.02 a.m. on 24/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 6 (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.
51110/21
13/10/2021
Anzhelika Andreyevna PYANTKOVSKAYA
1986Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Pskov
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Pskov Regional Court
26/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.15 p.m. until 3.35 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.
51231/21*
08/10/2021
Nikita Ivanovich MAKSHEV
1999Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Saransk
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 5,000
Supreme Court of the Mordovia Republic
11/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 8 p.m. on 21/04/2021 until 2.30 a.m. on 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,
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.
51386/21
08/10/2021
Konstantin Viktorovich NAGULO
1981Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
12/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 4.50 p.m. on 23/01/2021 until 1.00 a.m. on 24/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 6 (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.
51398/21
08/10/2021
Azamat Aslanovich BAGOV
1999Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
01/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 10.55 p.m. on 02/02/2021 until 6.10 a.m. on 03/02/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 6 (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.
51444/21
06/10/2021
Viktor Vyacheslavovich ZHABIN
1963Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
08/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3 p.m. until 7 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,
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.
53522/21
19/10/2021
Natalya Ivanovna ZHELYAPOVA
1994Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
detention for 8 days
Moscow City Court
22/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 11.20 a.m. on 02/02/2021 until 4.50 p.m. on 03/02/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 6 (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.
53884/21*
22/10/2021
Yuriy Mikhaylovich DOBROKHOTOV
1998Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Kazan
21/04/2021
article 20.2 § 2 of CAO
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
02/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 8.30 p.m. on 21/04/2021 until 6 p.m. on 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,
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.
53889/21*
22/10/2021
Anton Igorevich SHALIMOV
1985Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Samara
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Samara Regional Court
20/05/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 for compiling an offence report and detention from 3 p.m. until 6 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.
53932/21
22/10/2021
Aleksandr Vladimirovich SHCHEMELEV
1986Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Perm
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Perm Regional Court
28/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 1.30 p.m. until 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.
53968/21
22/10/2021
Aleksandr Ilyich VOYNOV
2002Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
13/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 10.30 a.m. on 02/02/2021 until 5.30 p.m. on 02/02/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 6 (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.
53981/21*
22/10/2021
Daniil Igorevich ATMANOV
1999Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
11/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 10.46 a.m. until 5.22 p.m. on 02/02/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
53984/21
22/10/2021
Aleksandr Olegovich SIDELNIKOV
1990Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 5,000
Moscow City Court
26/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1.20 p.m. until 8.10 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,
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 fair hearing - denial of opportunity to adduce evidence in support of the applicant’s account of events (video records).
53994/21
22/10/2021
Galina Leonidovna GRIBUTSKYA
1960Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Vologda
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Vologda Regional Court
17/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1 p.m. on 31/01/2021 until 5 p.m. on 31/01/2021.
53996/21*
05/10/2021
Pavel Aleksandrovich BAYBARA
1993Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Moscow
03/02/2021
article 20.2 § 6.1 of CAO
detention for 5 days
Moscow City Court
06/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 12.01 a.m. until 3 p.m. on 03/02/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 6 (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 fair hearing - denial of opportunity to adduce evidence in support of the applicant’s account of events (video records).
54107/21*
19/10/2021
Lyudmila Ivanovna KHOTLUBEY
1948Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
27/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.15 p.m. until 8.30 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.
54207/21
19/10/2021
Sergey Anatolyevich SAKHANOV
1998Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 20,000
Moscow City Court
19/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 5.45 p.m. on 31/01/2021 until 5.30 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.
54227/21
19/10/2021
Agnessa Aleksandrovna BUKOVSKAYA
1980Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
26/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.27 p.m. until 10.35 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,
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.
54301/21
21/10/2021
Yevgeniy Andreyevich BARANCHIKOV
1993Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Voronezh
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Voronezh Regional Court
21/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.30 p.m. until 7.35 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,
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.
54310/21*
21/10/2021
Petr Anatolyevich GUTYNIN
1987Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 20,000
Moscow City Court
03/08/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1.45 p.m. on 31/01/2021 until 3.45 a.m. 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 (1) - lack of fair hearing - denial of opportunity to adduce evidence in support of the applicant’s account of events (photographs),
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.
54359/21
19/10/2021
Aleksandr Romanovich POZLEVICH
1996Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Moscow City Court
22/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 11.10 p.m. on 02/02/2021 until 3 p.m. on 03/02/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 6 (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.
54373/21*
19/10/2021
Aleksandr Mikhaylovich TROPIN
1992Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
20/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.30 p.m. on 23/01/2021 until 1.30 a.m. on 24/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 6 (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.
54450/21*
27/10/2021
Ralina Rustemovna SHIGABIYEVA
1992Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Kazan
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
26/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 8.40 p.m. on 21/04/2021 until 8.10 p.m. on 22/04/2021,
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.
54745/21
18/10/2021
Yuliya Sergeyevna ELTSOVA
1995Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Sochi
23/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Krasnodar Regional Court
21/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.30 p.m. until 10 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,
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.
54847/21*
28/10/2021
Albert Ramilevich YAPPAROV
2001Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy"
Kazan
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
05/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 2.40 p.m. on 31/01/2021 until 7 p.m. on 01/02/2021.
55437/21*
29/10/2021
Andrey Andreyevich SHEMSHURA
1989Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Rostov-on-Don
21/04/2021
article 20.2 § 6.1 of CAO
detention for 7 days
Rostov Regional Court
29/04/2021
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 by the trial court was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
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