Published on 27 November 2023

THIRD SECTION

Application no. 20140/21 Yaroslav Aleksandrovich SMOLEV against Russia and 13 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

20140/21*

23/03/2021

Yaroslav Aleksandrovich SMOLEV

1999Memorial Human Rights Centre

Moscow

Rally in support of S. Furgal

Khabarovsk

28/11/2020

article 20.2 § 6.1 of CAO

fine of RUB 10,000

Khabarovsk Regional Court

12/01/2021

Art. 5 (1) - unlawful detention –

(i) arrest and detention between 28/11/2020 and 30/11/2020 as administrative suspect, after the offence record had been complied,

and

(ii) on 06/03/2022 and on 07/04/2022, each time the applicant was escorted to a police station and detained there for the sole purpose of compiling an offence record (under articles 20.6.1 § 1 of the CAO and 20.3.3 of the CAO, respectively); no written record of the administrative escorting,

Art. 6 (1) - unfair trial in administrative offence proceedings - the courts’ refusal to order a linguistics expert examination of the applicant’s poster and slogans (the second set of proceedings, the final judgment of 01/06/2022 by the Khabarovsk Regional Court),

Art. 10 (1) - various restrictions on the right to freedom of expression - Khabarovsk, 06/03/2022, Solo demonstration against the war in Ukraine - arrest and conviction under article 20.3.3 § 1of CAO, fine of RUB 30,000, final judgment of 01/06/2022 by the Khabarovsk Regional Court

37509/21*

10/07/2021

Oleg Nikolayevich KOVALEV

1975Milita Petrovna Borodina

Magnitogorsk

Rally in support of A. Navalnyy

Magnitogorsk

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Chelyabinsk Regional Court

24/03/2021

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 administrative offence proceedings (final judgments of 24/03/2021 and 24/11/2021),

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 open court police officers on whose written statements the applicant’s conviction was based (both sets of administrative offence proceedings, final judgments of 24/03/2021 and 24/11/2021) and prosecution witness R. (the first set of proceedings, final judgment of 24/03/2021),

Art. 10 (1) - conviction for making calls to participate in public events - arrest, conviction under article 20.2-2 of the CAO, fine of RUB 10,000 for publishing on 06/09/2021 a call for participation in a Left Front rally (scheduled for 12/09/2021) to a vKontakte page, final judgment of 24/11/2021 by the Chelyabinsk Regional Court (see Elvira Dmitriyeva v. Russia , nos. 60921/17 and 7202/18, §§ 77-90, 30 April 2019).

40129/21*

28/07/2021

Sergey Nikolayevich KOZLOV

1994Memorial Human Rights Centre

Moscow

Rally in support of A. Navalnyy

Ulyanovsk

31/01/2021

article 20.2 § 2 of CAO

administrative detention of 8 days

Ulyanovsk Regional Court

03/02/2021

Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 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 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 the appeal under the CAO

43252/21*

17/08/2021

Marina Lvovna SAVVATEYEVA

1961Rally in support of A. Navalnyy

Chita

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Zabaykalskiy Regional Court

15/03/2021

Art. 10 (1) - disproportionate measures against solo demonstrators - Chita, 31/01/2021, solo demonstration in support of A. Navalnyy - conviction under article 20.2 § 2 of CAO, community service of 20 hours - final judgment of 09/03/2021 by the Zabaikalskiy Regional Court

45565/21*

25/08/2021

Kirill Vladislavovich ALEKHIN

1982Ivan Yuryevich Zhdanov

Vilnius

Rally in support of A. Navalnyy

Kazan

31/01/2021

Protest against the war in Ukraine

Kazan

24/02/2022

article 20.2 § 5 of CAO

article 20.2 § 8 of CAO

fine of RUB 15,000

administrative detention of 10 days

Supreme Court of the Tatarstan Republic

14/04/2021

Supreme Court of the Tatarstan Republic

03/03/2022

Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention (i) from 31/01/2021 to 01/02/2021 as administrative suspect, pending trial and after the offence record had been compiled;

and

(ii) from 24/02/2022 to 25/02/2022 as administrative suspect, pending trial and after the offence record had been compiled,

Art. 6 (1) - and Art. 6 (3) (c) - applicant’s absence from criminal proceedings - the applicant was absent from the appeal hearing of 03/03/2022 that took place while he was still in administrative detention, despite his request to attend; the prosecutor was present and the applicant was not represented (a lawyer had lodged the statement of appeal; the appellate court found that the he had failed to demonstrate that he had been authorised to represent the applicant during the appeal hearing),

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 in the second set of proceedings (final judgment of 03/03/2022)

Art. 10 (1) - disproportionate measures against solo demonstrators - alternatively to Article 11 issue (see, mutatis mutandis, Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-50, 17 April 2018; and Muchnik and Mordovin v. Russia [Committee], nos. 23814/15 and 2707/16, §§ 47-52, 12 February 2019)- - solo demonstration of 24/02/2022, Kazan, Protest against the war in Ukraine - arrest, conviction under Article 20.2-8, administrative detention of 10 days, final judgment of 03/03/2022 by the Supreme Court of the Republic of Tatarstan,

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 25/02/2022 (the second set of proceedings) was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO

54269/21*

13/10/2021

Mikhail Yuryevich GEORGI

1972Memorial Human Rights Centre

Moscow

Picket in support of A. Navalnyy

Taganrog

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Rostov Regional Court

13/04/2021

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

1438/22*

21/12/2021

Alan Aleksandrovich LEONGARD

1995Mansur Idrisovich Gilmanov

Podolsk

Event in support of the LGBT community (hanging LGBTQ flags on the administrative buildings)

Moscow

07/10/2020

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

16/08/2021

Art. 5 (1) - unlawful detention - arrest and detention on 13/10/2020 for the sole purpose of drawing up a record of administrative offence in respect of the event of 07/10/2020

16587/22*

08/03/2022

Andrey Mikhaylovich GOLOSOV

1987Dmitriy Vladimirovich Zubarev

Vladivostok

Rally against the pension reform

Vladivostok

15/09/2018

article 20.2 § 5 of CAO

fine of RUB 10,000

Primorye Regional Court (proceedings discontinued for the lack of corpus delicti)

16/01/2019

The applicant brought compensation proceedings; the courts awarded him RUB 10,000 (EUR 115) for unlawful administrative prosecution and rejected the remainder of his claim for compensation, final judgment: 08/09/2021, Supreme Court of Russia

Art. 5(1) – unlawful detention – arrest, escorting to a police station, detention on 15/09/2018 for the sole purpose of drawing up a record of administrative offence,

Art. 5 (5) - lack of, or inadequate, compensation for unlawful arrest or detention - by the final judgment of 08/09/2021 the Supreme Court of Russia rejected the applicant’s claim for compensation for unlawful arrest and escorting to a police station on 15/09/2018 for the sole purpose of drawing up a record of administrative offence

38018/22*

06/07/2022

Mikhail Aleksandrovich SALOSIN

1990Rushan Rafisovich Kabirov

Kazan

Rally against the war in Ukraine

Kazan

27/02/2022

article 20.2 § 5 of CAO

fine of RUB 5,000

Supreme Court of the Republic of Tatarstan

11/05/2022

Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 27/02/2022 for the sole purpose of drawing up a record of administrative offence

38113/22

02/06/2022

Yaroslav Vladimirovich YARTSEV

2001Natalya Andreyevna Baranova

Moscow

Rally in support of A. Navalnyy

Moscow

23/01/2021

article 20.2 § 6.1 of CAO

fine of RUB 10,000

Moscow City Court

15/12/2021

Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 23/01/2021 and 24/01/2021 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 conviction was based

42451/22

18/08/2022

Dmitriy Vladimirovich BLIZNETSOV

1966Sergey Sergeyevich Kulikov

Nizhniy Novgorod

Rally against the war in Ukraine

Nizhniy Novgorod

06/03/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Nizhniy Novgorod Regional Court

27/04/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station between 06/03/2022 and 07/03/2022 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) - unfair criminal proceedings - various deficiencies of the administrative offence proceedings (no possibility to adduce evidence),

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 police officers on whose written statements his conviction was based.

51318/22*

21/10/2022

Taryana Nikolayevna BRYATKOVA

1958Natalya Andreyevna Baranova

Moscow

Boris Nemtsov memorial rally

Moscow

27/02/2022

article 20.2 § 5 of CAO

fine of RUB 15,000

Moscow City Court

21/06/2022

Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 27/02/2022 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 open court police officers on whose written statements the conviction was based

51324/22

20/10/2022

Mariya Alekseyevna KORCHAGINA

1963Boris Nemtsov memorial rally

Moscow

27/02/2022

article 20.2 § 5 of CAO

fine of RUB 15,000

Moscow City Court

21/06/2022

Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 27/02/2022 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 open court police officers on whose written statements the conviction was based

51338/22

21/10/2022

Maina Anatolyevna POTOLOVA

1973Nataliya Andreyevna Baranova

Moscow

Rally against the war in Ukraine

Moscow

01/03/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

29/06/2022

Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 01/03/2022 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 open court police officers on whose written statements the conviction was based