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KOBLIKOVA v. RUSSIA and 15 other applications
Doc ref: 32183/21, 37833/21, 37908/21, 38673/21, 39891/21, 40061/21, 40132/21, 40138/21, 43279/21, 46231/21, ... • ECHR ID: 001-229273
Document date: November 2, 2023
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KOBLIKOVA v. RUSSIA and 15 other applications
Doc ref: 32183/21, 37833/21, 37908/21, 38673/21, 39891/21, 40061/21, 40132/21, 40138/21, 43279/21, 46231/21, ... • ECHR ID: 001-229273
Document date: November 2, 2023
Cited paragraphs only
Published on 27 November 2023
THIRD SECTION
Application no. 32183/21 Mariya Dmitriyevna KOBLIKOVA against Russia and 15 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
32183/21*
11/06/2021
Mariya Dmitriyevna KOBLIKOVA
1993Memorial Human Rights Centre
Moscow
Rally in support of A. Navalnyy
St Petersburg
31/01/2021
Rally in support of A. Navalnyy
St Petersburg
21/04/2021
article 20.2.2 § 1 of CAO
article 20.2.2. § 4 of CAO
fine of RUB 10,000
administrative detention of 10 days
St Petersburg City Court
09/03/2021
St Petersburg City Court
28/04/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention (i) between 31/01/2021 and 01/02/2021
and
(ii) between 21/04/2021 and 22/04/2021 as administrative suspect, pending trial, 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 - both sets of 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 (both sets of proceedings), as well as a defence witness (the first set of proceedings),
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 22/04/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
37833/21
15/07/2021
Yuliya Leonidovna LYAPINA
1998Sergey Sergeyevich Voronov
St Petersburg
Rally in support of A. Navalnyy
St Petersburg
31/01/2021
article 20.2.2 § 1 of CAO
administrative detention of 10 days
St Petersburg City Court
09/02/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention between 4.40 p.m. 31/01/2021 and until the court hearing on 02/02/2021 as administrative suspect, after the record of an offence had been drawn up,
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 officer 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 on 02/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
37908/21
16/07/2021
Margarita Igorevna BRANT
1991Memorial Human Rights Centre
Moscow
Rally in support of A.Navalnyy
St Petersburg
31/01/2021
article 20.2.2 § 1 of CAO
fine of RUB 15,000
St Petersburg City Court
11/03/2021
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
38673/21*
15/07/2021
Alena Viktorovna GRIGORYEVA
2000Memorial Human Rights Centre
Moscow
Rally in support of A. Navalnyy
St Petersburg
31/01/2021
article 20.2.2. § 1 of CAO
fine of RUB 15,000
St Petersburg City Court
08/04/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 31/01/2021and 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
39891/21*
27/07/2021
Mariya Valeryevna MAYOROVA
1998Memorial Human Rights Centre
Moscow
Rally in support of A. Navalnyy
St Petersburg
02/02/2021
article 20.2.2 § 1 of CAO
administrative detention of 4 days
St Petersburg City Court
09/03/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 03/02/2021 for the sole purpose of drawing up an administrative offence record, pending the first-instance court hearing,
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 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
40061/21*
27/07/2021
Ilya Maksimovich GUSEV
1995Memorial Human Rights Centre
Moscow
Rally in support of A. Navalnyy
St Petersburg
31/01/2021
article 20.2.2 § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
25/03/2021
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 applicant’s conviction was based, and to summon defence witnesses
40132/21
23/07/2021
Aleksiy Vladimirovich ESAULENKO
1995Vitaliy Viktorovich Cherkasov
St Petersburg
Rally in support of A.Navalnyy
St Petersburg
23/01/2021
article 20.2.2 § 1 of CAO
administrative fine of RUB 10,000
St Petersburg City Court
02/03/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention
(i) from 6.30 p.m. to 9.30 p.m. on 23/01/2021, for the sole purpose of drawing up an administrative offence record - detention discontinued as the applicant was transferred to a hospital on the same date; and (ii) immediately after his discharge from the hospital, from 1 p.m. to 5 p.m. on 25/01/2021, 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 open court police officers on whose written statements the applicant’s conviction was based and other witnesses
40138/21
23/07/2021
Anastasiya Vadimovna PEREVOZCHIKOVA
1995Vitaliy Viktorovich Cherkasov
St Petersburg
Rally in support of A. Navalnyy
St Petersburg
23/01/2021
article 20.2.2 § 1 of CAO
administrative fine of RUB 10,000
St Petersburg City Court
02/03/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention
(i) from 6.30 p.m. to 9.30 p.m. on 23/01/2021, for the sole purpose of drawing up an administrative offence record - detention discontinued as the applicant was transferred to a hospital on the same date; and (ii) immediately after her discharge from the hospital, from 1 p.m. to 5 p.m. on 25/01/2021, 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 open court police officer on whose written statements the applicant’s conviction was based, and refusal to question defence witnesses
43279/21
09/08/2021
Alina Alekseyevna PUTILOVSKAYA
1997Daniil Aleksandrovich Semenov
St Petersburg
Rally in support of A. Navalnyy
St Petersburg
31/01/2021
article 20.2.2 § 1 of CAO
administrative detention of 10 days
St Petersburg City Court
10/02/2021
Art. 5 (1) - unlawful detention - arrest, escorting and detention between 31/01/2021 to 02/02/2021 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 02/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
46231/21
01/09/2021
Yelizaveta Aleksandrovna BURMA
1998Aleksandr Dmitriyevich Peredruk
St Petersburg
Rally in support of A. Navalnyy
St Petersburg
31/01/2021
article 20.2.2 § 1 of CAO
administrative detention of 10 days
St Petersburg City Court
16/03/2021
Art. 5 (1) - unlawful detention - arrest, escorting and detention between 31/01/2021 to 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 the 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
46233/21
01/09/2021
Andrey Maryanovich ANDRUKOVICH
1994Aleksandr Dmitriyevich Peredruk
St Petersburg
Rally in support of A. Navalnyy
St Petersburg
31/01/2021
article 20.2.2 § 1 of CAO
administrative detention for 10 days
St Petersburg City Court
02/03/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 31/01/2021 to 01/02/2021 as administrative suspect, pending trial and 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 made,
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
48242/21
15/09/2021
Viktor Vladimirovich SKALSKIY
1983Yana Andreyevna Nepovinnova
St Petersburg
Rally in support of A. Navalnyy
St Petersburg
21/04/2021
article 20.2.2 § 1 of CAO
fine of RUB 15,000
St Petersburg City Court
22/06/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 21/04/2021 and 22/04/2021 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
48244/21
15/09/2021
Aleksandr Sergeyevich AKHNEVSKIY
1996Yana Andreyevna Nepovinnova
St Petersburg
Rally in support of A. Navalnyy
St Petersburg
21/04/2021
article 20.2.2. § 1 of CAO
administrative detention of 3 days
St Petersburg City Court
22/06/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 21/04/2021 and 22/04/2021 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 the trial the police officers on whose written statements the applicant’s conviction was based
48897/21
14/09/2021
Nikita Nikolayevich DEMIDOV
1991Mikhail Germanovich Shiolashvili
St Petersburg
Rally in support of A. Navalnyy
St Petersburg
31/01/2021
article 20.2.2 § 1 of CAO
administrative detention of 8 days
St Petersburg City Court
18/03/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 31/01/2021 to 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 was executed immediately, on account of the lack of suspensive effect of appeal under the CAO
50389/21*
30/09/2021
Elmira Ravilyevna DEYNIKOVA
1999Mariya Sergeyevna Zyryanova
St Petersburg
Rally in support of A. Navalnyy
St Petersburg
31/01/2021
article 20.2.2 § 1 of CAO
fine of RUB 20,000
St Petersburg City Court
01/04/2021
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 statements the conviction was based
51395/21*
30/09/2021
Artur Yuryevich KARPUKHIN
1994Memorial Human Rights Centre
Moscow
Rally in support of A. Navalnyy
St Petersburg
31/01/2021
article 20.2.2 § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
06/04/2021
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, and 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
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