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MEDVEDEV v. RUSSIA and 19 other applications
Doc ref: 38642/21, 44708/21, 47075/21, 60623/21, 61338/21, 61724/21, 8381/22, 8420/22, 8441/22, 8472/22, 8475... • ECHR ID: 001-229276
Document date: November 2, 2023
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MEDVEDEV v. RUSSIA and 19 other applications
Doc ref: 38642/21, 44708/21, 47075/21, 60623/21, 61338/21, 61724/21, 8381/22, 8420/22, 8441/22, 8472/22, 8475... • ECHR ID: 001-229276
Document date: November 2, 2023
Cited paragraphs only
Published on 27 November 2023
SECOND SECTION
Application no. 38642/21 Artem Mikhaylovich MEDVEDEV against Russia and 19 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
38642/21*
15/07/2021
Artem Mikhaylovich MEDVEDEV
1989Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
detention for 5 days
Moscow City Court
10/02/2021
Art. 5 (1) - unlawful detention - detention in the police van between 12:27 p.m. and 2:25 p.m. on 31/01/2021, escorting to and detention at the police station for compiling an offence record between 2:25 p.m. 31/01/2021 and 3:00 p.m. on 01/02/2021,
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,
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
44708/21
12/08/2021
Vladimir Olegovich SEREBRYAKOV
1994Aleksey Vladimirovich Glukhov
Novocheboksarsk
Rally "Free Navalnyy"
Cheboksary
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Republic of Chuvashia
06/05/2021
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 police officers who had drawn an administrative offence record
47075/21*
07/09/2021
Aleksandr Arkadyevich STURCHAK
1987Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
detention for 7 days
Moscow City Court
12/03/2021
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - escorting to the police station on 31/01/2021 for compiling administrative offence record and detention at the police station between 12:25 p.m. on 31/01/2021 and 3:00 p.m. on 01/02/2021,
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 police officers who had drawn an administrative offence record,
Prot. 7 Art. 2 - Right of appeal against criminal conviction/sentence - 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,
Art. 6 (1) - lack of fair hearing - refusal to allow evidence in support of the applicant’s account of events (video record of the events in question), refusal to request evidence (records of police body cameras)
60623/21
06/12/2021
Andrey Vladimirovich PRYTKOV
1979Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Tumen
23/01/2021
Rally "Free Navalnyy"
Tumen
31/01/2021
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
fine of RUB 15,000
fine of RUB 17,000
Tumen Regional Court
14/07/2021
Tumen Regional Court
07/06/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of administrative-offence proceedings (concerning the events on 23/01/2021 and 31/01/2021),
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 - in both sets of administrative-offence proceedings (concerning the events on 23/01/2021 and 31/01/2021)
61338/21*
03/12/2021
Aleksandr Aleksandrovich ROMANENKO
1991Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
23/01/2021
Rally "Free Navalnyy"
Moscow
21/04/2021
article 20.2 § 5 of CAO
article 20.2 § 6.1 of CAO
fine of RUB 10,000
fine of RUB 10,000
Moscow City Court
23/06/2021
Moscow City Court
01/10/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between:
3:00 p.m. to 11:10 p.m. on 23/01/2021; from 4:30 p.m. on 25/04/2021 (4 days after the participation in the rally) and 11:00 p.m. on 26/04/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of administrative-offence proceedings (concerning the events on 23/01/2021 and 21/04/2021),
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, in both sets of administrative-offence proceedings (concerning the events on 23/01/2021 and 21/04/2021)
61724/21*
10/12/2021
Nikita Leonidovich IGONIN
2000Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Nizhny Novgorod
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 5,000
Nizhny Novgorod Regional Court
21/07/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 12:20 p.m. and 9:45 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
8381/22*
25/01/2022
Vladislav Igorevich BELYAYEV
2000Memorial Human Rights Centre
Moscow
Rally in support of Navalnyy
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
27/07/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record and detention there between 5:40 p.m. and 8:55 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,
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.
8420/22
25/01/2022
Dmitriy Andreyevich ILYIN
1998Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
detention for 6 days
Moscow City Court
29/07/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 11:30 p.m. on 02/02/2021 and 5:00 p.m. on 04/02/2021,
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,
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
8441/22
12/01/2022
Miroslav Vladlenovich BUYNOV
1996Daniil Alekseyevich Polyakov
Voronezh
Rally "Free Navalnyy"
Voronezh
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Voronezh Regional Court
12/07/2021
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
8472/22*
25/01/2022
Ivan Ilyich DOROFEYEV
1999Memorial Human Rights Centre
Moscow
Meeting with a candidate running for parliamentary elections
Moscow
26/07/2021
article 19.3 § 1 of CAO
detention for 5 days
Moscow City Court
30/07/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 7:34 p.m. on 26/07/2021 and 3:30 p.m. on 27/07/2021,
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) - lack of fair hearing - refusal to allow evidence in support of the applicant’s account of events (video records of the events in question),
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
8475/22
25/01/2022
Viktor Petrovich KOCHKIN
1995Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Moscow City Court
11/08/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 12:25 p.m. on 31/01/2021 and 0:30 a.m. on 01/02/2021,
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,
Art. 6 (1) - unfair criminal proceedings - refusal of the court to summon witnessed who could testify in support of the applicant’s account of events
8499/22*
14/01/2022
Pavel Andreyevich SAUTKIN
2000Olimpiada Valentinovna Usanova
Nizhniy Novgorod
Rally "Free Navalnyy"
Nizhny Novgorod
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 5,000
Nizhny Novgorod Regional Court
15/07/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 12:25 p.m. and 11:00 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,
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
8805/22*
22/01/2022
Roman Rinatovich MIFTAKHUTDINOV
2003Yelena Yuryevna Pershakova
Moscow
Rally "Free 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 deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - escorting to and detention at the police station for compiling an offence record between 6:10 p.m. and 10:30 p.m. on 23/01/2021,
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 cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based
9460/22*
31/01/2022
Mikhail Dmitriyevich MOROZOV
2001Yelena Yuryevna Pershakova
Moscow
Rally "Free Navalnyy"
Krasnoyarsk
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 12,000
Krasnoyarsk Regional Court
27/10/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record on 23/01/2021,
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 cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based
11442/22*
01/02/2022
Ilya Daniilovich STEPANOV
1998Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
03/08/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 11:10 a.m. and 5:30 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,
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
11567/22
28/01/2022
Renat Maratovich KHAKIMOV
1999Marina Alekseyevna Dubrovina
Novorossiysk
Rally "Free Navalnyy"
Krasnodar
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Krasnodar Regional Court
04/10/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
12287/22*
24/02/2022
Shukrullo Nurulloyevich ALIMOV
1988Kseniya Dmitriyevna Prosvirkina
Moscow
Rally to support Izzat Amon
Moscow
02/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
27/08/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 11:15 a.m. and 8:50 p.m. on 02/04/2021,
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,
Art. 6 (1) - lack of fair hearing - refusal of the court to grant the applicant’s request to adduce evidence in support of the applicant’s account of events (video records)
12425/22*
09/02/2022
Yegor Vladimirovich SPIRIDONOV
1997Konstantin Aleksandrovich Markin
Velikiy Novgorod
Rally "Free Navalnyy"
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
25/08/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 3:30 p.m. and 11:30 p.m. on 23/01/2021,
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 cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based
13893/22
28/02/2022
Roman Sergeyevich KURLYKIN
1988Kseniya Dmitriyevna Prosvirkina
Moscow
Rally "Free Navalnyy"
Voronezh
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Voronezh Regional Court
31/08/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 7:35 p.m. on 21/04/2021 and 0:30 a.m. on 22/04/2021,
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,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
30525/22
22/02/2022
David Vladimirovich SHESTAKOV
1989Kseniya Dmitriyevna Prosvirkina
Moscow
Rally "Free Navalnyy"
Voronezh
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Voronezh Regional Court
24/08/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record on 21/04/2021,
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
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