Published on 27 November 2023

SECOND SECTION

Application no. 38671/21 Ksenya Alekseyevna PEREVOZCHENKO against Russia and 21 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 offence

Penalty

Final domestic decision

Court Name

Date

Other complaints under well-established case-law

38671/21*

15/07/2021

Ksenya Alekseyevna PEREVOZCHENKO

1991Memorial Human Rights Centre

Moscow

Rally “Free Navalnyy”

Moscow

31/01/2021

article 20.2 § 6.1 of CAO

administrative detention of 15 days

Moscow City Court

05/02/2021

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 1.30 p.m. on 31/01/2021 to 6.00 p.m. on 01/02/2021, hearing in the applicant’s administrative-offence case; the applicant spent 2 hours in a 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, 05/02/2021,

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 by the trial court was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.

54425/21

27/10/2021

Maksim Vladimirovich SHABALIN

2000Memorial Human Rights Centre

Moscow

Rally "Free Navalnyy"

Moscow

02/02/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

25/05/2021

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 11.30 a.m. to 4.20 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 - final decision: Moscow City Court, 25/05/2021,

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.

55836/21

25/10/2021

Yegor Vyacheslavovich BESCHASTNOV

2002Yelena Anatolyevna Mamedova

Samara

Rally “Free Navalnyy”

Samara

21/04/2021

article 20.2 § 5 of CAO

30 hours of community work

Samara Regional Court

20/07/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, on 21/04/2021, while the said record was drawn up only on 22/04/2021 when the applicant was released,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Samara Regional Court, 27/07/2021,

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

55908/21*

29/10/2021

Oleg Rifatovich KHUSAINOV

1986Memorial Human Rights Centre

Moscow

Rally “Free Navalnyy”

Irkutsk

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Irkutsk Regional Court

24/06/2021

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Irkutsk Regional Court, 24/06/2021.

6392/22*

22/12/2021

Maksim Yuryevich KHALIMOVSKIY

1990Daniil Aleksandrovich Semenov

St Petersburg

Rally “Free Navalnyy”

St Petersburg

31/01/2021

article 20.2 § 6.1 of CAO

fine of RUB 10,000

St Petersburg City Court

22/06/2021

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: St Petersburg City Court, 22/06/2021,

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.

22019/22*

13/04/2022

Yanus Yanusovich GREYNER

1994Memorial 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

17/11/2021

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 10.45 a.m. to 6.00 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: Moscow City Court, 17/11/2021,

Art. 8 (2) - restrictions on the right to private life of participants in public assemblies - use of facial recognition technology for the identification of the applicant as a participant of a rally and his subsequent conviction (raised on appeal).

22658/22

12/04/2022

Sergey Nikolayevich BOGATKO

1987Memorial Human Rights Centre

Moscow

Rally “Free Navalnyy

Moscow

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 15,000

Moscow City Court

27/10/2021

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - 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 12.20 p.m. to 6.30 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, 27/10/2021,

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.

23622/22*

28/03/2022

Ilya Mikhaylovich GARTSEV

1986Memorial Human Rights Centre

Moscow

Rally “Free Navalnyy

Moscow

21/04/2021

article 20.2 § 5 of CAO

fine of RUB 15,000

Moscow City Court

29/10/2021

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - 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 9.00 a.m. to 12.30 a.m. on 18/05/2021,

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, 29/10/2021,

Art. 8 (2) - restrictions on the right to private life of participants in public assemblies - use of facial recognition technology for the identification of the applicant as a participant of a rally and his subsequent conviction (raised on appeal).

30530/22*

31/05/2022

Mariya Sergeyevna KOLOKOLOVA

2001Darya Dmitriyevna Aksenova

Kolomna

Rally “Free Navalnyy”

Moscow

02/02/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

17/02/2022

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, 17/02/2021,

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 two police officers on whose written statements her conviction was based.

30537/22*

31/05/2022

Viktor Aleksandrovich AMPILOV

1997Darya Dmitriyevna Aksenova

Kolomna

Rally “Free Navalnyy”

Moscow

21/04/2021

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

03/12/2021

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, 03/12/2021,

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

35400/22*

04/07/2022

Anton Yuryevich IVANOV

1987Natalya Andreyevna Baranova

Moscow

Anti-war protest

Moscow

27/02/2022

article 20.2 § 8 of CAO

administrative detention of 30 days

Moscow City Court

04/03/2022

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 6.30 p.m. on 27/02/2022 until 3.00 a.m. on 01/03/2022, hearings in the applicant’s administrative-offence case; the applicant spent 4h30 in a 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, 04/03/2022,

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 by the trial court was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.

35667/22*

06/07/2022

Ivan Aleksandrovich OSIPOV

1998Olesya Anatolyevna Vasilchenko

Minyar

Anti-war protest

St Petersburg

06/03/2022

article 20.2 § 6.1 of CAO

fine of RUB 10,000

St Petersburg City Court

12/04/2022

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 3.10 p.m. on 06/03/2022 to 10.30 a.m. on 07/03/2022, 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: St Petersburg City Court, 12/04/2022,

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.

36047/22*

28/06/2022

Yuliya Viktorovna LEDOVSKAYA

1979Olimpiada Valentinovna Usanova

Nizhniy Novgorod

Anti-war protest

Nizhniy Novgorod

24/02/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Nizhniy Novgorod Regional Court

27/04/2022

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 7.40 p.m. on 24/02/2022 to 6.20 a.m. on 25/02/2022, 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: Nizhniy Novgorod Regional Court, 27/04/2022

36652/22

29/06/2022

Svetlana Aleksandrovna USHMODINA

2001Natalya Andreyevna Baranova

Moscow

Anti-war protest

Moscow

24/02/2022

article 20.2 § 8 of CAO

administrative detention of 20 days

Moscow City Court

01/03/2022

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 7.40 p.m. on 24/02/2022 to 2.20 p.m. on 25/02/2022, 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, 01/03/2022,

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 CAO.

36667/22*

16/07/2022

Yelena Aleksandrovna SLAVINSKAYA

1961Natalya Andreyevna Baranova

Moscow

Meeting with deputy V. Rashkin

Moscow

20/09/2021

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

25/01/2022

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 3.00 p.m. to 6.05 p.m. on 20/09/2021,

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, 25/01/2022,

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. 8 (2) - restrictions on the right to private life of participants in public assemblies - use of facial recognition technology for the identification of the applicant as a participant of a rally and her subsequent conviction (raised on appeal).

37092/22*

22/07/2022

Vladislav Olegovich ROY

1996Anti-war protest

Ufa

06/03/2022

article 19.3 § 1 of CAO

administrative detention of 1 day

Supreme Court of the Bashkortostan Republic

11/04/2022

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 2.00 p.m. on 06/03/2022 to 2.15 p.m. on 07/03/2022, 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: Supreme Court of the Bashkortostan Republic, 11/04/2022,

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

41072/22

15/08/2022

Ayzhamal Akylbekovna BAYMURZAYEVA

1997Natalya Andreyevna Baranova

Moscow

Anti-war protest

Krasnoyarsk

06/03/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Krasnoyarsk Regional Court

11/05/2022

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 6.30 p.m. on 06/03/2022, while the said record was drawn up only on 12/03/2022,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Krasnoyarsk Regional Court, 11/05/2022,

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.

45938/22

08/09/2022

Aleksey Nikolayevich VASILYEV

1988Rally “Free Navalnyy

Moscow

21/04/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

11/05/2022

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 11.15 a.m. to 7.15 p.m. on 26/04/2021, 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, 11/05/2022,

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 his conviction was based.

45941/22

10/09/2022

Rustem Gumyarovich BAKHITOV

1989Aleksey Sergeyevich Lapuzin

Samara

Anti-war protest

Samara

06/03/2022

article 20.2 § 5 of CAO

fine of RUB 20,000

Samara Regional Court

12/05/2022

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 3.15 p.m. to 10.00 p.m. on 06/03/2022,

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, 12/05/2022.

47805/22

15/09/2022

Yelena Viktorovna MILUSHKINA

1995Konstantin Mikhaylovich Zinovyev

Nizhniy Novgorod

Anti-war protest

Nizhniy Novgorod

06/03/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Nizhniy Novgorod Regional Court

25/05/2022

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 3.10 p.m. on 06/03/2022 to 4.00 p.m. on 07/03/2022, 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: Nizhny Novgorod Regional Court, 25/05/2022.

48114/22

14/09/2022

Nadezhda Vladimirovna BOLOBONINA

2002Konstantin Mikhaylovich Zinovyev

Nizhniy Novgorod

Ant-war protest

Nizhniy Novgorod

06/03/2022

article 20.2 § 6.1 of CAO

fine of RUB 5,000

Nizhniy Novgorod Regional Court

25/05/2022

.

48915/22

30/09/2022

Manuk Ayrikovich AKOPYAN

1996Konstantin Mikhaylovich Zinovyev

Nizhniy Novgorod

Anti-war protest

Nizhniy Novgorod

06/03/2022

article 20.2 § 5 of CAO

fine of RUB 15,000

Nizhniy Novgorod Regional Court

01/06/2022

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 3.10 p.m. on 06/03/2022 until 1.00 a.m. on 07/03/2022,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Nizhny Novgorod Regional Court, 01/06/2022,

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.