Published on 27 November 2023

THIRD SECTION

Application no. 143/18 Vyacheslav Borisovich RYBAKOV against Russia and 20 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 10 § 1 of the Convention relating to disproportionate measures against solo demonstrators which are the subject of well-established case law of the Court (see Novikova and Others v. Russia, nos. 25501/07 and 4 others, 26 April 2016 and Lashmankin and Others v. Russia, nos. 57818/09 and 14 others, 7 February 2017).

APPENDIX – STATEMENT OF FACTS

List of applications raising complaints under Article 10 § 1 of the Convention (disproportionate measures against solo demonstrators)

No.

Application no.

Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Location

Date

Purpose of the demonstration

Administrative charges

Penalty

Final domestic decision

Date

Name of the court

Other relevant information

Other complaints under well-established case-law

143/18*

29/11/2017

Vyacheslav Borisovich RYBAKOV

1966Aleksey Vladimirovich Glukhov

Novocheboksarsk

(i) Cheboksary, 13/04/2017, Support of Ye. Blinova

(ii) Cheboksary, 16/04/2017, Support of V. Maltsev

(i) article 20.2 § 5 of CAO, community service of 40 hours

(ii) article 20.2 § 2 of CAO, fine of RUB 20, 000

(i) 11/07/2017 Supreme Court of the Chuvashia Republic

(ii) 30/05/2017 Supreme Court of the Chuvashia Republic

(i) ban on public events at certain locations in the vicinity of a district court building (13/04/2017)

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

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - (i) Cheboksary, 29/10/2017, Opposition rally (a stroll) - arrest, conviction under article 20.2 § 8 of the CAO, community service of 190 hours; final judgment of 21/12/2017 by the Supreme Court of the Chuvashia Republic; and

(ii) Cheboksary, 07/10/2017, Opposition rally - arrest, conviction under article 20.2 § 8 of the CAO, administrative detention of 15 days; final judgment of 10/11/2017 by the Supreme Court of the Chuvashia Republic,

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 05/11/2017 was executed immediately, on account of the lack of suspensive effect of the appeal under the CAO

15395/18*

23/03/2018

Anastasiya Ilyinichna LUKOMSKAYA

1989Konstantin Ilyich Terekhov

Moscow

(i) Moscow, 08/07/2017, Distribution of leaflets, sticking leaflets on the walls in support of A. Navalnyy’s presidential campaign

(ii) Moscow, 27/07/2019, Event for fair elections

(iii) Moscow, 03/08/2019, Event for fair elections and support of Ye. Zhukov

(i) article 20.2 § 5 of CAO,

fine of RUB 10,000,

(ii) article 20.2 § 5 of CAO, fine of RUB 12,000,

(iii) article 20.2 § 5 of CAO, fine of RUB 10,000

(i) 26/10/2017 Moscow City Court

(ii) 17/07/2019 Moscow City Court

(iii) 12/11/2019 Moscow City Court

Art. 5 (1) - unlawful detention - arrest and escorting to a police station on 08/07/2018, 27/07/2019 and on 03/08/2019, each time 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 - three 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, two latest sets of proceedings (final judgments of 10/09/2019 and 12/11/2019),

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 issue (see, mutatis mutandis, Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-50, 17 April 2018), two latest sets of proceedings - (i) Rally for fair elections to Mosgorduma, 27/07/2019 - arrest, conviction under article 20.2-5 of the CAO, fine of RUB 12,000, final judgment of 10/09/2019 by the Moscow City Court, and

(ii) Rally for fair elections to Mosgorduma and in support of E. Zhukov, 03/08/2019 - arrest, conviction under Article 20.2-5 of the CAO, fine of RUB 10,000, final judgment of 12/11/2019 by the Moscow City Court

18395/18*

02/04/2018

Konstantin Aleksandrovich GUDIMOV

1952Aleksandr Vasilyevich Popkov

Sochi

(i) Sochi, 07/10/2017, Support of A. Navalnyy (the applicant rode a bicycle with a balloon attached to it, bearing the logo of A. Navalnyy’s presidential elections campaign)

(ii) Sochi, 23/01/2021, Support of A. Navalnyy (the applicant was walking along the streets holding a poster in support of A. Navalnyy and taking pictures with passers-by).

(i) article 20.2 § 8 of CAO, administrative detention of 12 days,

(ii) article 20.2 § 8 of CAO, administrative detention of 10 days

(i) 02/11/2017 Krasnodar Regional Court

(ii) 14/04/2021 Krasnodar Regional Court

(i) the authorities considered the applicant’s ride to constitute picketing,

(ii) the authorities considered the applicant’s stroll of 23/01/2021 to amount to organisation and holding a series of solo pickets

Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention (i) between 18/09/2020 and 19/09/2020 and (ii) between 27/01/2021 and 28/01/2021, each time as administrative suspect, initially for drawing up an offence report and then pending trial, after the offence report was compiled,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - the first and the third sets of proceedings, final judgments of 02/11/2017 and 14/04/2021,

Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - first set of proceedings - 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 sentences of administrative detention imposed on the applicant (i) on 24/10/2017, (ii) on 19/09/2020 and (iii) 28/01/2021 were each time executed immediately, on account of the lack of suspensive effect of an appeal under the CAO,

Art. 10 (1) - conviction for making calls to participate in public events - arrest, conviction under article 20.2 § 2 of the CAO, administrative detention of 10 days for publishing on 16/09/2020 a call for participation in an opposition event (scheduled for 19-20/09/2020) to the applicant’s vkontakte page, final judgment of 29/10/2020 by the Krasnodar Regional Court (see Elvira Dmitriyeva v. Russia , nos. 60921/17 and 7202/18, §§ 77-90, 30 April 2019).

18408/18*

02/04/2018

Dmitriy Petrovich TITKOV

1976Aleksandr Vasilyevich Popkov

Sochi

(i) Sochi, 07/10/2017, Support of A. Navalnyy

(ii) Sochi, 27/03/2018, Solo demonstration for fair elections

(i) article 20.1 § 1 of CAO, administrative fine of RUB 500,

(ii), article 20.2 § 2 of CAO, administrative detention of 9 days

(i) 20/02/2018 Krasnodar Regional Court

(ii) 29/05/2018 Krasnodar Regional Court

(ii) distance requirement - event classified as assembly post facto, second set of proceedings

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,

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 02/04/2018 was executed immediately, on account of the lack of a suspensive effect of an appeal under the CAO

24890/18*

11/05/2018

Leonid Sergeyevich YARYGIN

1989Ivan Yuryevich Zhdanov

Vilnius

Tambov, 08/05/2018, Support of an arrested coordinator of the local Navalnyy headquarters

article 20.1 § 1 of CAO, administrative detention of 10 days

04/06/2018

Tambov Regional Court

(complaint lodged on 10/10/2018)

Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 08/05/2018 and 09/05/2018, 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 - 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) and defence witness R. (first set of proceedings),

Art. 10 (1) - conviction for making calls to participate in public events - arrest, conviction under article 20.2 § 8 of the CAO, administrative detention of 25 days for publishing on 28/10/2017 a call for participation in an opposition event (scheduled for 29/10/2017) to the applicant’s vkontakte page, final judgment of 11/11/2017 by the Tambov Regional Court (see Elvira Dmitriyeva v. Russia , nos. 60921/17 and 7202/18, §§ 77-90, 30 April 2019).

15824/19*

10/03/2019

Nikolay Vitalyevich REKUBRATSKIY

1958Karinna Akopovna Moskalenko

Strasbourg

(i) Moscow, 26/05/2018, Support of Sentsov

(ii) Moscow, 06/09/2021, Protest against persecution of Crimean Tatars

(i) article 20.2 § 5 of CAO, fine of RUB 10,000,

(ii) article 20.2 § 5 of CAO, administrative fine of RUB, 10,000

(i) 10/09/2018

Moscow City Court

(ii) 11/05/2022 Moscow City Court

(i) ban on public events in Moscow during the FIFA World Cup,

(ii), rotation - event classified as assembly post facto

Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention (i) on 26/05/2018 and (ii) on 06/09/2021, each time for the sole purpose of drawing up an offence record,

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 (second set of proceedings)

19708/19*

20/03/2019

Aleksandr Vitalyevich REKUBRATSKIY

1958Oleg Aleksandrovich Yelanchik

Moscow

(i) Moscow, 01/07/2018, Solo demonstration in support of O. Sentsov and for exchange of prisoners between Ukraine and Russia

(ii) Moscow, 06/09/2021, Protest against persecution of Crimean Tatars

(i) article 20.2 § 5 of CAO, fine of RUB 10,000,

(ii) article 20.2 § 5 of CAO, administrative fine of RUB, 10,000

(i) 20/09/2018 Moscow City Court

(ii) 11/05/2022 Moscow City Court

ban on public events in Moscow during the FIFA World Cup,

(ii), rotation - event classified as assembly post facto

Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention (i) on 01/07/2018 and (ii) on 06/09/2021 for the sole purpose of drawing up an offence record,

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

41666/19*

23/07/2019

Gulnaz Ilgizovna RAVILOVA

1999Elza Rinatovna Nisanbekova

Kazan

Kazan, 12/12/2018, Protest against the authorities’ failure to respect the Constitution

article 20.2 § 2 of CAO, community service of 30 hours

24/04/2019 Supreme Court of the Republic of Tatarstan

Art. 5 (1) - unlawful detention- arrest, escorting to a police station, detention on 14/02/2019 for the sole purpose of drawing up a record of administrative offence in respect of the event of 12/12/2018; and pending trial, after such 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

47892/21

14/08/2021

Ivan Ivanovich LUZIN

2000Memorial Human Rights Centre

Moscow

Kaliningrad, 21/08/2020, Support of A. Navalnyy

article 20.2 § 5 of CAO,

fine of RUB 15,000

16/02/2021 Kaliningrad Regional Court

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

48046/21*

09/09/2021

Anna Gennadiyevna NEFEDOVA

1976Memorial Human Rights Centre

Moscow

(i) Tambov, 10/08/2020, Solo demonstration for fair elections to the Tambov Regional Duma

(ii) Tambov, 20/08/2020, Support of A. Navalnyy

(i) article 20.2 § 5 of CAO, fine of RUB 20,000,

(ii) article 20.2 § 5 of CAO, fine of RUB 15,000

(i) 10/03/2021 Tambov Regional Court

(ii) 10/03/2021 Tambov Regional Court

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

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - arrest, conviction under article 20.2 § 5, fine of RUB 10,000 on account of participation in a rally in support of A. Navalnyy, 23/01/2021, Tambov; final judgment of 07/04/2021 by the Tambov Regional Court

53251/21

17/09/2021

Kirill Sergeyevich NASONOV

1980Darya Dmitriyevna Aksenova

Kolomna

Moscow, 09/03/2021, Protest against living conditions in Russia

article 20.2 § 5 of CAO,

fine of RUB 15,000

05/07/2021 Moscow City Court

ban on public events at certain locations - Red Square, Moscow

Art. 5 (1) - unlawful detention - arrest, escorting to a police station on 09/03/2021 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,

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

55439/21*

24/10/2021

Igor Vladimirovich SERKOV

1987Ilya Igorevich Bogdashkin

Yekaterinburg

Yekaterinburg, 31/01/2021, Support of A. Navalnyy

article 20.2 § 5 of CAO, community service, 30 hours

26/05/2021,

Sverdlovsk Regional Court,

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

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 issue (see, mutatis mutandis, Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-50, 17 April 2018)- arrest, conviction under article 20.2 § 5 of CAO, community service of 30 hours for participation in a rally in support of A. Navalnyy on 31/01/2021, final judgment of 26/05/2021 by the Sverdlovsk Regional Court

3155/22*

03/12/2021

Anastasiya Yulyevna MIKHAYLOVA

1999Luiza Magomedovna Magomedova

St Petersburg

St Petersburg, 02/05/2021, Street exhibition by artist K. in support of political prisoners (the applicant submits she was merely standing nearby)

article 20.2 § 2 of CAO, administrative detention of 10 days

10/06/2021

St Petersburg City Court

distance requirement - event classified as assembly post facto

Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 02/05/2021 and 04/05/2021 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,

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 04/05/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO

24178/22

09/02/2022

Aleksandr Anatolyevich KRAYEV

1981Memorial Human Rights Centre

Moscow

Nizhniy Novgorod, 31/01/2021, Protest against security services’ brutality

article 20.2 § 5 of CAO,

fine of RUB 5,000

11/08/2021

Nizhniy Novgorod Regional Court

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 issue (see, mutatis mutandis, Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-50, 17 April 2018)- arrest, conviction for participation in rally held on 31/01/2021, article 20.2 § 5 of CAO, fine of RUB 5,000, final judgment -11/08/2021, Nizhniy Novgorod Regional Court,

Art. 5 (1) - unlawful detention - escorting to and detention at the police station 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,

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 officer on whose written statement his conviction was based

30529/22

22/02/2022

Anna Anatolyevna NARINSKAYA

1966Kseniya Dmitriyevna Prosvirkina

Moscow

Moscow, 16/07/2020, Support of members of "Novoye velichiye" group (qualified as extremist by the Russian authorities)

article 20.2 § 5 of CAO,

fine of RUB 10,000

23/08/2021 Moscow City Court

Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record on 16/07/2020,

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

34705/22

11/07/2022

Viktor Aleksandrovich NEMYTOV

1982Anna Yevgenyevna Bochilo

Barnaul

Moscow, 29/03/2022, protest against the war in Ukraine

article 20.2 § 8 of CAO, administrative detention of 25 days

06/04/2022

Moscow City Court

ban on public events at certain locations - Red Square, Moscow

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 29/03/2022 until 30/03/2022,

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 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO

36759/22

23/07/2022

Sergey Vladimirovich ZUBAREV

1984(i) Moscow, 16/10/2021, Support of political prisoners

(ii) Moscow, 30/10/2021, Support of political prisoners

article 20.2 § 5 of CAO, administrative fine of RUB 10,000

(ii) article 20.2 § 5 of CAO, administrative fine of RUB 10,000

(i) 23/03/2022 Moscow City Court,

(ii) 29/03/2022 Moscow City Court

Art. 5 (1) - unlawful detention - arrest, escorting to the police station (i) on 16/10/2021 and (ii) on 30/10/2021, each time for compiling offence reports,

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 the police officers on whose written statements the conviction was based - both sets of proceedings,

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 issue (see, mutatis mutandis, Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-50, 17 April 2018) - conviction for participation on 16/10/2021 in a group picket in support of political prisoners - arrest, conviction under Article 20.2 § 5 of the CAO, fine of RUB 10,000, final judgment: 23/03/2022, Moscow City Court

38632/22*

14/07/2022

Rustam Voitzhonovich MADUMAROV

1998St Petersburg, 24/02/2022,

anti-war protest

article 20.2 § 2 of CAO, administrative detention of 5 days

31/03/2022

St Petersburg City Court

distance requirement - event classified as assembly post facto

Art. 5 (1) - unlawful detention - arrest, escorting to and detention at the police station from 1.45 p.m. on 24/02/2022 until 5.00 p.m. on 25/02/2022 as administrative suspect, pending trial, after 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,

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 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO

44825/22*

06/09/2022

Svetlana Sergeyevna KARPENKO

1992Rostov-on-Don, 30/04/2022,

anti-war protest

article 19.3 § 1 of CAO, administrative detention for 15 days

06/05/2022

Rostov Regional Court

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

47140/22*

12/09/2022

Vyacheslav Vasilyevich ILNITSKIY

1972Moscow, 24/02/2022,

anti-war protest

article 20.2 § 5 of CAO,

fine of RUB 15,000

01/07/2022, Moscow City Court

ban on public events at certain locations- Aleksandrovskiy Garden, Moscow (in the vicinity of the President’s administration)

50934/22

26/09/2022

Vasiliy Anatolyevich POTAPOV

2000Novosibirsk, 26/02/2022,

anti-war protest

article 20.6.1 § 1 of CAO,

fine of RUB, 7,000

26/05/2022, Novosibirsk Regional Court

Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 26/02/2022 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