LITVIN v. RUSSIA and 10 other applications
Doc ref: 37290/19;41334/19;10332/21;11096/21;11102/21;11608/21;11676/21;13234/21;13241/21;14838/21;38912/21 • ECHR ID: 001-229282
Document date: November 2, 2023
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Published on 27 November 2023
FIFTH SECTION
Application no. 37290/19 Yuriy Valeryevich LITVIN against Russia and 10 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
37290/19*
24/06/2019
Yuriy Valeryevich LITVIN
1996Dmitriy Igorevich Zakhvatov
Moscow
Manifestation against the isolation of the Russian segment of the Internet
Moscow
10/03/2019
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
24/04/2019
Art. 5 (1) - unlawful detention – escorting to the police station on 10/03/2019 for compiling an offence report, detention beyond the three-hours statutory period;
Art. 6 (1) - lack of impartiality of tribunal in view of the absence of the prosecuting party in administrative-offence proceedings.
41334/19*
14/07/2019
Vyacheslav Gennadyevich FITLIN
1979Andzhelika Viktorovna Chernyavskaya
Oktyabrskiy
Rally against pension reform
Novosibirsk
09/09/2018
article 20.2 § 5 of CAO
fine of RUB 5,000
Novosibirsk Regional Court
15/01/2019
10332/21
15/01/2021
Nikolay Vladimirovich SHAROV
1986Nikolay Sergeyevich Zboroshenko
Mytishchi
Manifestation against the construction of South-East Highway
Moscow
19/03/2020
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Moscow City Court
18/08/2020
Art. 5 (1) - unlawful detention – escorting to the police station on 19/03/2020 for compiling an offence report, detention beyond the three-hour statutory period;
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.
11096/21
01/02/2021
Pavel Aleksandrovich BUKHSHTAB
1980Memorial Human Rights Centre
Moscow
Manifestation against the construction of South-East Highway
Moscow
19/03/2020
article 19.3 § 1 of CAO
fine of RUB 1,000
Moscow City Court
18/08/2020
Art. 5 (1) - unlawful detention – escorting to the police station on 19/03/2020 for compiling an offence report, detention at the police station beyond the three-hour statutory period;
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 applicant’s conviction was based.
11102/21
01/02/2021
Konstantin Dmitriyevich KAMENSKIY
2000Memorial Human Rights Centre
Moscow
Manifestation against the construction of South-East Highway
Moscow
19/03/2020
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Moscow City Court
20/08/2020
Art. 5 (1) - unlawful detention – escorting to the police station on 19/03/2020 for compiling an offence report, detention beyond the three-hour statutory period;
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 applicant’s conviction was based.
11608/21*
19/02/2021
Galina Ivanovna NEKRASOVA
1976Mariya Vladimirovna Bontsler
Kaliningrad
Rally to support Sergey Furgal
Kaliningrad
08/08/2020
article 20.2 § 5 of CAO
fine of RUB 10,000
Kaliningrad Regional Court
19/11/2020
11676/21*
05/02/2021
Aleksandr Gennadyevich ROSTOVSKIY
1982Darya Dmitriyevna Aksenova
Kolomna
Manifestation against the construction of South-East Highway
Moscow
19/03/2020
article 19.3 § 1 of CAO
fine of RUB 1,000
Moscow City Court
18/08/2020
Art. 5 (1) - unlawful detention – escorting to the police station on 19/03/2020 for compiling an offence report, detention beyond the three-hour statutory period;
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 applicant’s conviction was based.
13234/21
01/03/2021
Artur Pavlovich DAVIDYAN
1980Timofey Borisovich Ushakov
Kokoshkino
Manifestation to commemorate the fallen in the Second World War
Moscow
22/06/2020
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
02/09/2020
Art. 5 (1) - unlawful detention – escorting to the police station on 22/06/2020 for compiling an offence report, detention beyond the three-hour statutory period;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
13241/21
01/03/2021
Eldar Esenbulatovich KAMBULATOV
1988Timofey Borisovich Ushakov
Kokoshkino
Manifestation to commemorate the fallen in the Second World War
Moscow
22/06/2020
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
02/09/2020
Art. 5 (1) - unlawful detention - escorting to the police station on 22/06/2020 for compiling an offence report, detention beyond the three-hour statutory period;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
14838/21*
25/02/2021
Ildar Ilgizovich GIZATULLIN
1991Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally against constitutional amendments
Moscow
15/07/2020
article 20.2 § 6.1 of CAO
fine of RUB 20 000
Moscow City Court
04/09/2020
Art. 5 (1) - unlawful detention – escorting to the police station on 15/07/2020 for compiling an offence report, detention beyond the three-hour statutory period;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
38912/21*
12/07/2021
Anastasiya Vladimirovna FILIPCHENKOVA
1999Darya Dmitriyevna Aksenova
Kolomna
Rally “Free Navalnyyâ€
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Moscow City Court
02/03/2021
Art. 5 (1) - unlawful detention – escorting to the police station on 02/02/2021 for compiling an offence report, detention beyond the three-hour statutory period;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings