NIKOLSKIY v. RUSSIA and 22 other applications
Doc ref: 51348/21, 51392/21, 54177/21, 54186/21, 55318/21, 55382/21, 56355/21, 56850/21, 57152/21, 57162/21, ... • ECHR ID: 001-229274
Document date: November 2, 2023
- Inbound citations: 14
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- Cited paragraphs: 0
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- Outbound citations: 1
Published on 27 November 2023
FOURTH SECTION
Application no. 51348/21 Nikita Georgiyevich NIKOLSKIY against Russia and 22 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
51348/21*
18/09/2021
Nikita Georgiyevich NIKOLSKIY
Nikolay Sergeyevich Zboroshenko
Mytishchi
Manifestation in support of Navalnyy
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Moscow City Court
08/04/2021
Art. 5 (1) - unlawful detention - arrest and detention on 02/02/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,
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, 08/04/2021,
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
51392/21
08/10/2021
Maksim Sergeyevich TEMERBAYEV
2002Memorial Human Rights Centre
Moscow
Manifestation in support of Navalnyy
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
11/05/2021
Art. 5 (1) - unlawful detention - arrest and detention from 10 a.m. to 4 p.m. on 02/02/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,
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, 11/05/2021,
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
54177/21*
27/10/2021
Darya Alekseyevna OBRAZTSOVA
1999Ilya Yulyevich Nazarov
Moscow
Manifestation in support of Navalnyy
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
fine of RUB 15,000
Moscow City Court
28/04/2021
Art. 5 (1) - unlawful detention - arrest and detention from 11 p.m. on 02/02/2021 to 9 a.m. on 03/02/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,
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, 28/04/2021,
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
54186/21*
19/10/2021
Yuriy Vladimirovich GURALSKIY
1983Aleksandr Yevgenyevich Karavayev
Nizhniy Novgorod
Manifestation in support of Navalnyy
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
detention of 8 days
Moscow City Court
20/04/2021
Art. 5 (1) - unlawful detention - arrest and detention from 12 p.m. on 02/02/2021 to 5.30 p.m. on 03/02/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,
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, 20/04/2021,
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
55318/21*
23/10/2021
Vladislava Denisovna LEONOVA
1999Nikolay Sergeyevich Zboroshenko
Mytishchi
Manifestation in support of Navalnyy
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
03/06/2021
Art. 5 (1) - unlawful detention - arrest and detention on 31/01/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,
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, 03/06/2021,
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
55382/21*
26/10/2021
Anar Khazar Ogly DZHAFAROV
1997Darya Dmitriyevna Aksenova
Kolomna
Manifestation in support of Navalnyy
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
26/04/2021
Art. 5 (1) - unlawful detention - arrest and detention on 02/02/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,
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, 26/04/2021,
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
56355/21
15/11/2021
Kirill Aleksandrovich STEPANOV
1996Ivan Yuryevich Zhdanov
Vilnius
Manifestation in support of Navalnyy
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
fine of RUB 15,000
Moscow City Court
25/05/2021
Art. 5 (1) - unlawful detention - arrest and detention from 11.45 p.m. on 02/02/2021 to 03/02/2021 until the court hearing for the sole purpose of drawing up an administrative offence record, raised on appeal,
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 his conviction was based
56850/21*
26/10/2021
Gleb Andreyevich IVANOV
1994Darya Dmitriyevna Aksenova
Kolomna
Manifestation in support of Navalnyy
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Moscow City Court
19/05/2021
Art. 5 (1) - unlawful detention - arrest and detention from 2.58 p.m. on 31/01/2021 to 2.30 a.m. on 01/02/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,
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, 19/05/2021,
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
57152/21*
29/10/2021
Ruslan Gennadyevich VERNYY
1987Nikolay Sergeyevich Zboroshenko
Mytishchi
Manifestation
in support of
Navalnyy
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
19/05/2021
Art. 5 (1) - unlawful detention - arrest and detention on 23/01/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,
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, 19/05/2021,
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
57162/21*
29/10/2021
Tatyana Vladimirovna KUZMINA
2000Nikolay Sergeyevich Zboroshenko
Mytishchi
Manifestation
in support of
Navalnyy
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
detention of 10 days
Moscow City Court
07/06/2021
Art. 5 (1) - unlawful detention - arrest and detention from 1.00 a.m. on 02/02/2021 to 11.05 a.m. on 03/02/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,
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, 07/06/2021,
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
57165/21*
29/10/2021
Natalya Sergeyevna NIKOLSKAYA
1979Nikolay Sergeyevich Zboroshenko
Mytishchi
Manifestation in support of Navalnyy
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
fine of RUB 20,000
Moscow City Court
25/05/2021
Art. 5 (1) - unlawful detention - arrest and detention on 02/02/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,
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
57350/21
08/11/2021
Anton Dmitriyevich CHECHIN
1998Anna Yevgenyevna Bochilo
Barnaul
Manifestation in support of Navalnyy
Barnaul
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Altay Regional Court
04/08/2021
Art. 5 (1) - unlawful detention - arrest and detention on 21/04/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Altay Regional Court, 04/08/2021
57679/21*
07/11/2021
Zulol Zafariddinovich DAVRONOV
1988Nikolay Sergeyevich Zboroshenko
Mytishchi
Manifestation in support of Izzat Amono
Moscow
02/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
13/07/2021
Art. 5 (1) - unlawful detention - arrest and detention on 02/04/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,
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, 13/07/2021,
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
57681/21*
07/11/2021
Kosim Khudoydoyevich NAZAROV
1986Nikolay Sergeyevich Zboroshenko
Mytishchi
Manifestation in support of Izzat Amono
Moscow
02/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
13/07/2021
Art. 5 (1) - unlawful detention - arrest and detention on 02/04/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,
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, 13/07/2021,
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
57682/21*
07/11/2021
Fayzullo DALERDZHONI
1992Nikolay Sergeyevich Zboroshenko
Mytishchi
Manifestation in support of Izzat Amono
Moscow
02/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
13/07/2021
Art. 5 (1) - unlawful detention - arrest and detention on 02/04/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,
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, 13/07/2021,
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
57686/21*
07/11/2021
Abdunabi Mirzosharifovich TAVAROV
1972Nikolay Sergeyevich Zboroshenko
Mytishchi
Manifestation in support of Izzat Amono
Moscow
02/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
13/07/2021
Art. 5 (1) - unlawful detention - arrest and detention on 02/04/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,
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, 13/07/2021,
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
57691/21*
07/11/2021
Bakhrom Abdurazykovich KHOLIKOV
1982Nikolay Sergeyevich Zboroshenko
Mytishchi
Manifestation in support of Izzat Amono
Moscow
02/04/2021
article 20.2 § 5 of CAO
fine of 10,000 RUB
Moscow City Court
13/07/2021
Art. 5 (1) - unlawful detention - arrest and detention on 02/04/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,
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, 13/07/2021,
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
57694/21*
07/11/2021
Muboriz Abdumachidovich SHARIFOV
2000Nikolay Sergeyevich Zboroshenko
Mytishchi
Manifestation in support of Izzat Amono
Moscow
02/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
13/07/2021
Art. 5 (1) - unlawful detention - arrest and detention on 02/04/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,
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, 13/07/2021,
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
59042/21*
27/11/2021
Timofey Pavlovich TARANOV
1993Ivan Yuryevich Zhdanov
Vilnius
Manifestation in support of Navalnyy
Saratov
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Saratov Regional Court
04/06/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Saratov Regional Court, 04/06/2021,
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
59216/21*
01/12/2021
Sergey Yuryevich FONOV
1996Manifestation in support of Navalnyy
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
01/06/2021
Art. 5 (1) - unlawful detention - arrest and detention from 12.43 p.m. to 10 p.m. on 31/01/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,
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, 01/06/2021,
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, refusal to provide the applicant’s evidence (photo and video materials, witnesses), conviction was based on police’s evidence
59920/21*
16/11/2021
Anton Sergeyevich MAKAROV
1997Manifestation in support of Navalnyy
Nizhniy Novgorod
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
19/05/2021
Art. 5 (1) - unlawful detention - arrest and detention from 1.34 p.m. to 8.20 p.m. on 31/01/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,
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, 19/05/2021
443/22*
04/12/2021
Mikhail Aleksandrovich IVANOV
2000Mansur Idrisovich Gilmanov
Podolsk
Manifestation in support of political prisoners
Moscow
04/11/2020
article 20.2 § 6.1 of CAO
fine of RUB 20,000
Moscow City Court
07/06/2021
Art. 5 (1) - unlawful detention - arrest and detention from 2.25 p.m. to 9 p.m. on 04/11/2020 for the sole purpose of drawing up an administrative offence record, raised on appeal,
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, 07/06/2021,
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
916/22*
01/12/2021
Maksim Anatolyevich AVDEYEV
1995Darya Dmitriyevna Aksenova
Kolomna
Manifestation in support of Navalnyy
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
09/06/2021
Art. 5 (1) - unlawful detention - arrest and detention on 31/01/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,
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, 09/06/2021,
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
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