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KELLER v. RUSSIA and 20 other applications
Doc ref: 57352/21, 60739/21, 8581/22, 9465/22, 10659/22, 10831/22, 11000/22, 13905/22, 22143/22, 28253/22, 33... • ECHR ID: 001-229284
Document date: November 2, 2023
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KELLER v. RUSSIA and 20 other applications
Doc ref: 57352/21, 60739/21, 8581/22, 9465/22, 10659/22, 10831/22, 11000/22, 13905/22, 22143/22, 28253/22, 33... • ECHR ID: 001-229284
Document date: November 2, 2023
Cited paragraphs only
Published on 27 November 2023
SECOND SECTION
Application no. 57352/21 Vladislav Igorevich KELLER 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 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
57352/21*
08/11/2021
Vladislav Igorevich KELLER
2001Anna Yevgenyevna Bochilo
Barnaul
Rally "Free Navalnyy"
Barnaul
21/04/2021
article 20.2 § 2 of CAO
30 hours of community work
Altay Regional Court
14/07/2021
Art. 10 (1) - conviction for making calls to participate in public events - calls to participate in an anti-war rally made on social network Telegram / 25/02/2022 / Article 20.2. § 8 of CAO / Altay Regional Court, 12/05/2022 / detention for 2 days,
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 (in the proceedings concerning the events on 25/02/2022)
60739/21*
03/12/2021
Nikolay Aleksandrovich GORELOV
1985Mariya Vladimirovna Bontsler
Kaliningrad
Rally "Free Navalnyy"
Kaliningrad
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 12,000
Kaliningrad Regional Court
19/10/2021
8581/22
27/01/2022
Yuliya Olegovna KONSTANTINOVA
1985Vladimir Valeryevich Vasin
Krasnoyarsk
opposition rally
Krasnoyarsk
21/06/2020
article 20.2 § 5 of CAO
fine of RUB 10,000
Krasnoyarsk Regional Court
29/07/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
9465/22*
21/01/2022
Aleksey Nikolayevich GRISHIN
1981Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Tambov
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Tambov Regional Court
21/07/2021
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,
Art. 8 (2) - restrictions on the right to private life of participants in public assemblies – use of facial recognition techniques to identify the applicant (see Glukhin v. Russia, no. 11519/20, 4 July 2023)
10659/22
04/02/2022
Lyudmila Nikolayevna KALINYCHEVA
1954Ruslan Vladimirovich Sozonov
Nizhniy Novgorod
Rally "Free Navalnyy"
Nizhny Novgorod
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Nizhny Novgorod Regional Court
04/08/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between noon and 9:00 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
10831/22*
10/02/2022
Yevdokiya Konstantinovna KALYAKINA
1962Andrey Olegovich Valenkov
Nizhniy Novgorod
Rally "Free Navalnyy"
Nizhny Novgorod
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Nizhny Novgorod Regional Court
11/08/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between noon and 6:50 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,
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)
11000/22*
03/02/2022
Daniil Stanislavovich USTINOV
1999Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
05/02/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
19/08/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 1:30 p.m. and 8:00 p.m. on 05/02/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
13905/22*
28/02/2022
Fedor Sergeyevich DANSHIN
2002Kseniya Dmitriyevna Prosvirkina
Moscow
Rally "Free Navalnyy"
Belgorod
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Belgorod Regional Court
30/08/2021
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
22143/22
25/03/2022
Aleksandr Sergeyevich FIRSOV
1983Rally "Free Navalnyy"
Moscow
02/02/2021
Rally "Free Navalnyy"
Moscow
21/04/2021
Anti-war rally
Moscow
24/02/2022
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
article 20.2 § 8 of CAO
fine of RUB 10,000
fine of RUB 15,000
detention for 16 days
Moscow City Court
15/12/2021
Moscow City Court
11/10/2021
Moscow City Court
17/03/2022
Art. 5 (1) - unlawful detention - escorting to and the detention at the police station for compiling an offence record between: noon and 8:30 p.m. on 02/02/2021; 6:40 p.m. on 24/02/2022 and 4:30 p.m. on 03/03/2022;
escorting to the police station on 27/04/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in all three sets of administrative-offence proceedings (concerning the events on 02/02/2021; 21/04/2021; 24/02/2022),
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 two sets of administrative proceedings (concerning the events on 02/02/2021 and 21/04/2021),
Art. 8 (2) - restrictions on the right to private life of participants in public assemblies - use of photo and video materials made by police during the rally to identify and charge the applicant with an administrative offence (in connection with events of 21/04/2021),
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the 30-day 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, whereas the appeal court changed his sentence to 16-days’ detention.
28253/22
26/05/2022
Yaroslav Gelyevich KAZEYEV
1982Natalya Andreyevna Baranova
Moscow
Anti-war rally
Moscow
13/03/2022
article 20.2 § 8 of CAO
detention for 20 days
Moscow City Court
21/03/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 3:30 p.m. on 13/03/2022 and 3:00 p.m. on 14/03/2022,
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 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
33197/22
06/06/2022
Nataliya Yuryevna GORDO
1967Aleksey Vladimirovich Bushmakov
Yekaterinburg
Anti-war rally
Yekaterinburg
24/02/2022
article 20.2 § 2 of CAO
fine of RUB 30,000
Sverdlovsk Regional Court
28/04/2022
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record on 24/02/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
33199/22
06/06/2022
Yelizaveta Viktorovna PALKINA
1997Aleksey Vladimirovich Bushmakov
Yekaterinburg
Anti-war rally
Yekaterinburg
26/02/2022
article 20.2 § 5 of CAO
30 hours of community work
Sverdlovsk Regional Court
27/04/2022
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record on 26/02/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
33201/22
06/06/2022
Aleksandra Andreyevna KRYLOVA
2002Aleksey Vladimirovich Bushmakov
Yekaterinburg
Anti-war rally
Yekaterinburg
24/02/2022
article 20.2 § 5 of CAO
fine of RUB 15,000
Sverdlovsk Regional Court
27/04/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record on 24/02/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
33209/22
06/06/2022
Yevgeniy Igorevich UFIMTSEV
1998Aleksey Vladimirovich Bushmakov
Yekaterinburg
Anti-war rally
Yekaterinburg
03/03/2022
article 20.2 § 5 of CAO
30 hours of community work
Sverdlovsk Regional Court
27/04/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record on 03/03/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
34099/22*
20/06/2022
Yegor Nikolayevich YERMAKOV
Sergey Viktorovich Podolskiy
St Petersburg
Anti-war rally
St Petersburg
06/03/2022
article 20.2 § 6.1 of CAO
detention for 2 days
St Petersburg City Court
24/03/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 1:50 pm. on 06/03/2022 and 1:15 p.m. on 07/03/2022,
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 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 summon witnessed who could testify in support of the applicant’s account of events,
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
36221/22*
11/07/2022
Damir Radikovich ISMAGILOV
1999Natalya Andreyevna Baranova
Moscow
Anti-war rally
Moscow
06/03/2022
article 20.2 § 8 of CAO
detention for 15 days
Moscow City Court
11/03/2022
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 the trial the police officers on whose written statements the applicant’s conviction was based,
Art. 6 (1) - and Art. 6 (3) (c) - unfair criminal proceedings due to the absence of legal representation - no lawyer present in the first-instance court hearing,
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 of the events in question),
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
41097/22
12/08/2022
Andrey Anatolyevich ISAKOV
1959Vladislav Vladimirovich Kosnyrev
Syktyvkar
Anti-war rally
Syktyvkar
24/02/2022
article 20.2 § 8 of CAO
detention for 10 days
Syktyvkar Regional Court
13/04/2022
Art. 5 (1) - unlawful detention - detention in a police van between 7:30 p.m. and 8:00 p.m. on 24/02/2022
detention at the police station for compiling an offence record between 02/03/2022 and 03/02/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
43380/22
18/08/2022
Sergey Aleksandrovich KURKOV
1986Natalya Andreyevna Baranova
Moscow
Anti-war rally
St Petersburg
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
St Petersburg City Court
19/04/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 5:00 p.m. on 06/03/2022 and 3:00 a.m. on 07/03/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
32409/23*
01/08/2023
Yuliya Dmitriyevna TOKAREVA
2000Natalya Pavlovna Yermilova
Yekaterinburg
Anti-war rally
Yekaterinburg
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Sverdlovsk Regional Court
12/04/2023
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 2:00 p.m. and 9:00 p.m. on 06/03/2022,
33055/23*
16/08/2023
Diana Vladimirovna KOZHEVINA
1994Anti-war rally
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
17/04/2023
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 2:50 p.m. and 8:40 p.m. on 06/03/2022
33429/23*
01/05/2021
Ilya Valentinovich POTEMKIN
1988Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally "Free Navalnyy"
Moscow
23/01/2021
article 20.2 § 6.1 of CAO
detention for 10 days
Moscow City Court
29/01/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record on 23/01/2021; detention at the police station between 23/01/2021 and 25/01/2021,
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
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