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KOSHELEVA v. RUSSIA and 11 other applications
Doc ref: 39717/21, 47238/21, 50557/21, 53494/21, 58133/21, 4498/22, 5697/22, 6450/22, 6976/22, 14344/22, 2171... • ECHR ID: 001-229270
Document date: November 2, 2023
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KOSHELEVA v. RUSSIA and 11 other applications
Doc ref: 39717/21, 47238/21, 50557/21, 53494/21, 58133/21, 4498/22, 5697/22, 6450/22, 6976/22, 14344/22, 2171... • ECHR ID: 001-229270
Document date: November 2, 2023
Cited paragraphs only
Published on 27 November 2023
THIRD SECTION
Application no. 39717/21 Mariya Nikolayevna KOSHELEVA against Russia and 11 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
39717/21
19/07/2021
Mariya Nikolayevna KOSHELEVA
2000Daniil Alekseyevich Polyakov
Voronezh
Rally against amendments of the Constitution
Voronezh
27/06/2020
article 20.2 § 5 of CAO
fine of RUB 10,000
Voronezh Regional Court
19/01/2021
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 question the police officer in open court on whose written statements the conviction was based
47238/21*
10/09/2021
Marina Alekseyevna LITVINOVICH
1974Ernest Aleksandrovich Mezak
Saint-Barthélemy-d’Anjou
Collecting signatures against Constitutional amendments
Moscow
15/07/2020
article 20.2 § 8 of CAO
fine of RUB 150,000
Moscow City Court
10/03/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention from 10 p.m. on 15/07/2020 to 3.00 a.m. on 16/07/2020 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
50557/21*
08/10/2021
Ruslan Nikolayevich KIRSANOV
1996Ivan Yuryevich Zhdanov
Vilnius
Rally in support of A. Navalnyy
Omsk
31/01/2021
article 20.2 § 5 of CAO
and
article 20.6.1 § 1 of the CAO
(the same set of proceedings)
fine of RUB 10,000
Omsk Regional Court
13/04/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 31/01/2021 for the sole purpose of drawing up 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 open court police officers on whose written statements the conviction was based
53494/21*
07/10/2021
Aleksey Alekseyevich KULAKOV
1997Marina Alekseyevna Dubrovina
Novorossiysk
Rally in support of Navalnyy
Novorossiysk
31/01/2021
article 20.2.2 § 1 of CAO
administrative detention of 3 days
Krasnodar Regional Court
07/04/2021
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, after the offence record 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 open court police officers on whose written statements the conviction was based;
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant on 01/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
58133/21*
11/11/2021
Bulat Saylauyevich SHUMEKOV
1990Dmitriy Dmitriyevich Miropoltsev
Kaltan
Rally in support of A.Navalnyy
Novokuznetsk
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 12,000
Kemerovo Regional Court
24/05/2021
Art. 5 (1) - unlawful detention –
(i) arrest, escorting to a police station, detention on 23/01/2021 for the sole purpose of drawing up an offence record;
and
(ii) arrest on the applicant’s arrival to a police station, detention between 23/04/2021 and 24/04/2021 as administrative suspect - "for taking a lawful decision" with reference to under Article 19.3 § 1 of the CAO and 20.6.1 § 1 of the CAO (as per the arrest record), and pending trial, after the offence record under Article 19.3 § 1 of the CAO 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 - two sets of administrative proceedings:
(i) conviction under Article 20.2 § 5 of the CAO, fine of RUB 12,000, final judgment of 24/05/2021 by the Kemerovo Regional Court,
and
(ii) conviction under Article 19.3 § 1 of CAO, fine of RUB 2,000, final judgment of 28/06/2021 by the Kemerovo Regional Court,
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 officers on whose written statements the applicant’s conviction under Article 19.3 § 1 of the CAO was based, as well as the defence witness - the applicant’s wife who had been present at the police station at the time of the applicant’s arrest (second set of proceedings, fine of RUB 2,000, final judgment of 28/06/2021 by the Kemerovo Regional Court)
4498/22*
24/12/2021
Kirill Viktorovich KARMANOV
1997Memorial Human Rights Centre
Moscow
Rally in support of A. Navalnyy
Blagoveshchensk
21/04/2021
article 20.2 § 5 of CAO
and
article 20.6.1 § 1 of the CAO
fine of RUB 10,000
and
fine of RUB 1,000
Amur Regional Court
02/07/2021
and
Amur Regional Court
28/06/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station on 21/04/2021 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 - two sets of 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 open court police officers on whose written statements the conviction was based (proceedings which ended with the conviction under art. 20.6.1 § 1 of the CAO, final judgment of 28/06/2021),
Art. 6 (1) - lack of impartiality of tribunal - case under art. 20.2 § 5 of the CAO adjudicated on appeal by the same judge as the case under art. 20.6.1 § 1 of the CAO, examination of the challenge for bias against the judge of the appeal instance the judge himself in breach of the nemo judex in causa sua principle (Kolesnikova v. Russia , no. 45202/14, §§ 49-59, 2 March 2021),
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was convicted twice for his participation in the same public
event of 10/10/2020 - under art. 20.6.1 § 1 of the CAO and under art. 20.2 § 5 of the CAO in breach of the COVID-related ban on public events (final decisions: Amur Regional Court, 28/06/2021 and 02/07/2021)
5697/22*
06/01/2022
Yevgeniya Viktorovna SURAVSKAYA
1989Aleksey Valeryevich Vlasov
Tula
Rally in support of A.Navalnyy
Tula
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Tula Regional Court
27/05/2021
(a copy of the judgment received on 06/07/2021)
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention 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
6450/22
31/12/2021
Konstantin Albertovich CHUYKIN
1998Vladimir Valeryevich Vasin
Krasnoyarsk
Rally in support of A Navalnyy
Krasnoyarsk
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Krasnoyarsk Regional Court
15/07/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report (such record only drawn up on 12/02/2021),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
6976/22*
22/01/2022
Albert Garyevich VERNITSKIY
2000Yelena Yuryevna Pershakova
Moscow
Rally in support of A.Navalnyy
Krasnoyarsk
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Krasnoyarsk Regional Court
22/07/2021
Art. 5 (1) - unlawful detention - arrest, delayed escorting to the police station, detention there in excess of three hours on 23/01/2021 for the sole purpose of compiling an offence report (such report only drawn up on 05/02/2021),
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
14344/22*
14/01/2022
Igor Vladimirovich KOROBKOV
1989Darya Dmitriyevna Aksenova
Kolomna
Rally in support of A.Navalnyy
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
15/07/2021
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
21710/22
08/04/2022
Valeriy Valentinovich SHLYKOV
1963Memorial Human Rights Centre
Moscow
Rally in support of A.Navalnyy
Ivanovo
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 12,000
Ivanovo Town Court
18/10/2021
Art. 5 (1) - unlawful detention - arrest, escorting to and detention at the police station on 21/04/2021 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
38556/22*
15/07/2022
Sergey Leonidovich ILLARIONOV
1983Daniil Alekseyevich Polyakov
Voronezh
Rally in support of A.Navalnyy
Voronezh
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Voronezh Regional Court
16/03/2022
Art. 5 (1) - unlawful detention - arrest, escorting to a police station on 21/04/2021 for the sole purpose of 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
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