Lexploria - Legal research enhanced by smart algorithms
Lexploria beta Legal research enhanced by smart algorithms
Menu
Browsing history:

POPOV v. RUSSIAd 29 other applications

Doc ref: 41232/18, 1836/19, 5169/19, 15054/19, 19180/21, 32093/21, 41249/21, 41254/21, 43407/21, 43505/21, 43... • ECHR ID: 001-229286

Document date: November 2, 2023

  • Inbound citations: 0
  • Cited paragraphs: 0
  • Outbound citations: 9

POPOV v. RUSSIAd 29 other applications

Doc ref: 41232/18, 1836/19, 5169/19, 15054/19, 19180/21, 32093/21, 41249/21, 41254/21, 43407/21, 43505/21, 43... • ECHR ID: 001-229286

Document date: November 2, 2023

Cited paragraphs only

Published on 27 November 2023

THIRD SECTION

Application no. 41232/18 Vitaliy Aleksandrovich POPOV against Russia and 29 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 5 § 1 of the Convention relating to unlawful detention (deprivation of liberty) which are the subject of well-established case law of the Court (see Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, 26 June 2018, Rozhkov v. Russia (no. 2), no. 38898/04, §§ 91-96, 31 January 2017, Butkevich v. Russia, no. 5865/07, § 67, 13 February 2018, Kuptsov and Kuptsova v. Russia, no. 6110/03, § 81, 3 March 2011 and Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018).

APPENDIX – STATEMENT OF FACTS

List of applications raising complaints under Article 5 § 1 of the Convention (unlawful detention (deprivation of liberty))

No.

Application no.

Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Start date of unauthorised detention

End date of unauthorised detention

Specific defects

Other complaints under well-established case-law

41232/18

02/07/2018

Vitaliy Aleksandrovich POPOV

1984Viktoriya Viktorovna Pekhteleva

Moscow

15/03/2017

16/02/2018

Lack of legal basis for detention owing to the higher court’s omission to extend the applicant’s detention following the quashing of the first-instance court detention order or a conviction/appeal decision on conviction (see Kuptsov and Kuptsova v. Russia , no. 6110/03, § 81, 3 March 2011)

1836/19*

26/12/2018

Sergey Konstantinovich DAVIDIS

196911.30 a.m. on 25/04/2021

1.30 p.m. on 27/04/2021 (hearing in the applicant’s administrative-offence case)

Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity, detention as an administrative suspect: beyond the 48-hour statutory period, detention as an administrative suspect: beyond the three-hour statutory period, detention as an administrative suspect: no evidence/assessment of “exceptional circumstances”, detention as an administrative suspect: the applicant remained in detention after the offence record had been compiled

Art. 10 (1) - conviction for making calls to participate in public events - calls to participate in an unauthorised rally on 21/04/2021 in support of A. Navalnyy published in Twitter; Article 20.2 § 2 of CAO, 10 days of detention; Moscow City Court, 28/04/2021,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 28/04/2021,

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentences of administrative detention imposed on the applicant by the court of first instance were executed immediately, on account of the lack of suspensive effect of an appeal under the CAO,

Art. 10 (1) - various restrictions on the right to freedom of expression - During an authorised rally on 26/02/2017, the law enforcement officers took the applicant’s 4 posters and banners with political slogans. The applicant’s administrative claim was definitely dismissed (last final decision: Single judge of the Supreme Court of Russia, 27/06/2018) on the ground that the slogans had not corresponded to the declared aims of the approved public event. Date of lodging of the application is 26/12/2018.

See Yartsev v. Russia , no. 16683/17, §§ 33-38, 20 July 2021,

Art. 10 (1) - various restrictions on the right to freedom of expression - On 06/05/2017, during an approved public rally, the applicant speaker’s stand with political slogans was dismantled by law enforcement officers (the banners with slogans were taken off). The applicant’s administrative claim was definitely dismissed (last final decision: Single judge of the Supreme Court, 08/05/2019) on the ground that the slogans had not correspond to the declared aims of a public event and that they were dangerous as likely to cause mass rioting. Date of the lodging of the application is 08/11/2019.

See Yartsev v. Russia , no. 16683/17, §§ 33-38, 20 July 2021

5169/19*

19/12/2018

Kirill Vitalyevich DENISOV

1988Yuliya Yevgenyevna Fedotova

Yekaterinburg

09/09/2018, 1.30 p.m.

11/09/2018

Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Sverdlovsk Regional Court, 21/09/2018,

15054/19

04/03/2019

Yevgeniy Vladimirovich KRUGLIK

1984Sergey Yuryevich Pobol

Odintsovo

26/09/2018, 8:00 am

27/09/2018; 12:15 pm (record)

28/09/2018, 6:30 pm (court order)

Detention without a court order beyond the 48-hour time-limit, detention (criminal) for more than three hours without any written record

19180/21*

23/03/2021

Mariya Alekseyevna KHUDOYAROVA

1993Anna Yevgenyevna Bochilo

Barnaul

05.35 p.m. on 22/04/2021

unspecified time (after 06.30 p.m.) on 22/04/2021 (hearing in the applicant’s administrative-offence case)

Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity, detention as an administrative suspect: the applicant remained in detention 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 - Final decision: Volgograd Regional Court, 26/04/2021,

Art. 10 (1) - conviction for making calls to participate in public events - for calls, in Telegram messenger, on public to participate in two unauthorised rallies in support of A. Navalnyy, Article 20.2 § 8 of the CAO:

1) administrative detention of 7 days, Volgograd Regional Court, 28/01/2021,

2) administrative detention of 25 days, Volgograd Regional Court, 26/04/2021,

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant by the courts of first instance (in her 2nd administrative-offence case) was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO,

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

32093/21

27/10/2021

Denis Viktorovich LEONTYEV

1983

12/09/2017

13/09/2017

Detention as an administrative suspect: no written record of the administrative arrest:

On 04/06/2018 the applicant was convicted of a criminal offence, upheld by the final appeal instance on 21/08/2018.

In 2020 the applicant brought civil proceedings seeking compensation for his allegedly unlawful detention between 12/09/2017 and 13/09/2017, the complaint was dismissed on the grounds that that period of detention had been counted as the applicant’s pre-trial detention and was deduced from his sentence, final decision on 06/10/2021, the Supreme Court of the Russian Federation

41249/21*

26/07/2021

Aleksey Viktorovich SOKIRKO

1974Memorial Human Rights Centre

Moscow

5.05 p.m. on 22/01/2021

5.30 p.m. on 23/01/2021

Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity, detention as an administrative suspect: the applicant remained in detention after the offence record had been compiled

Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 23/01/2021, Moscow, Article 20.2 § 2 of CAO, detention for 7 days, Moscow City Court, 26/01/2021,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 26/01/2021,

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

41254/21*

28/07/2021

Valentin Alekseyevich KHOROSHENIN

2001Luiza Magomedovna Magomedova

St Petersburg

27/01/2021

27/01/2021

Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity

Art. 10 (1) - conviction for making calls to participate in public events - posting a call on a social network to participate in a rally in support of A. Navalnyy on 22/01/2021, Article 20.2 § 2 of CAO, detention for 7 days, St Petersburg City Court, 04/02/2021;

posting a call on a social network to participate in a rally in support of A. Navalnyy on 27/01/2021, Article 20.2 § 8 of CAO, detention for 7 days, St Petersburg City Court, 25/03/2021,

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 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 in both sets of administrative proceedings, on account of the lack of suspensive effect of an appeal under the CAO,

Art. 6 (1) - unfair criminal proceedings - the courts in both sets of administrative proceedings ignored the applicant’s arguments about lack of information concerning a public event in his post on a social media,

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, Oktyabrskiy District Court of St Petersburg, 27/01/2021, St Petersburg City Court, 04/02/2021

43407/21*

01/07/2021

Pavel Dmitriyevich SYCHEV

1986Daniil Alekseyevich Polyakov

Voronezh

23/01/2021, 8.00 a.m.

07/07/2021, 5.30 p.m.

23/01/2021, 4.35 p.m.

08/07/2021, 5.10 p.m.

Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity, detention as an administrative suspect: beyond the three-hour statutory period, detention as an administrative suspect: no evidence/assessment of “exceptional circumstances”, detention as an administrative suspect: the applicant remained in detention 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 - final decisions: Voronezh Regional Court, 04/02/2021 and 09/07/2021,

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 officer on whose written statements the applicant’s conviction was based,

Art. 10 (1) - conviction for making calls to participate in public events – posting on the applicant’s personal account page in the social network "VKontakte" a call on participation in a rally in support of Mr A. Navalnyy scheduled for 23/01/2021, Article 20.2 § 2 of the CAO, detention of 9 days, Voronezh Regional Court, 04/02/2021,

Prot. 7 Art. 2 - Right of appeal against criminal conviction/sentence - the administrative detention was enforced immediately after the decision of the first-instance court on account of the lack of suspensive effect of an appeal under the CAO

43505/21*

12/08/2021

Kseniya Ilyinichna VERSTAKOVA

1996Dmitriy Igorevich Zakhvatov

Moscow

02/02/2021

03/02/2021

Applicant taken to the police station as an administrative suspect and to establish the suspect’s identity: no evidence/assessment that it was impracticable, on the spot, to compile the offence record, detention as an administrative suspect: 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 - Final decision: Moscow City Court, 12/02/2021,

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 police officers on whose written statements his conviction was based,

Art. 10 (1) - conviction for making calls to participate in public events - sticking posters calling to take part in the rally to support A. Navalnyy on 02/02/2021, Moscow, Article 20.2 § 2 of CAO, detention of 10 days, Moscow City Court, 12/02/2021

43506/21*

12/08/2021

Vadim Andreyevich SOLOMENNIK

1997Dmitriy Igorevich Zakhvatov

Moscow

02/02/2021

03/02/2021

Applicant taken to the police station as an administrative suspect for the purposes of compiling an offence record: no written record of the administrative escort, detention as an administrative suspect: 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 - Final decision: Moscow City Court, 12/02/2021,

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 police officers on whose written statements his conviction was based,

Art. 10 (1) - conviction for making calls to participate in public events - sticking posters calling to take part in the rally to support Navalnyy on 02/02/2021, Moscow, Article 20.2 § 2 of CAO, detention of 10 days, Moscow City Court, 12/02/2021

44233/21

23/08/2021

Anastasiya Aleksandrovna KORSAKOVA

1981Tatyana Olegovna Galeyeva

Krasnoyarsk

22/01/2022

22/01/2022

Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Krasnoyarsk Regional Court, 12/01/2022 (date of introduction: 12/07/2022),

Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 21/04/2021, Krasnoyarsk, Article 20.2 § 2 of CAO, fine of RUB 25,000, Krasnoyarsk Regional Court, 10/06/2021;

rally to support A. Navalnyy on 23/01/2021, Krasnoyarsk, Article 20.2 § 2 of CAO, detention of 8 days, Krasnoyarsk Regional Court, 12/01/2022 (date of introduction: 12/07/2022)

53520/21

06/10/2021

Kirill Vladimirovich SEREBRENNIKOV

1996Roman Yevgenyevich Kachanov

Yekaterinburg

30/01/2021

01/02/2021

Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity

Art. 10 (1) - conviction for making calls to participate in public events - repost of a call to protest in support of A. Navalnyy on 28/01/2021, Article 20.2. § 2 of CAO, fine of RUB 30,000, Sverdlovsk Regional Court, 07/04/2021

57112/21*

29/10/2021

Irina Anatolyevna MALTSEVA

1967Memorial Human Rights Centre

Moscow

5.13 p.m. on 20/04/2021

10.14 p.m. on 20/04/2021

Applicant taken to the police station as an administrative suspect for the purposes of compiling an offence record: no written record of the administrative escort

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings, - Final decision: Ivanovo Regional Court, 30/04/2021,

Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 21/04/2021, Ivanovo, Article 20.2 § 2 of CAO, detention of 3 days, Ivanovo Regional Court, 30/04/2021,

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

59169/21*

19/11/2021

Evelina Vyacheslavovna BURUTA

1981Konstantin Aleksandrovich Markin

Velikiy Novgorod

11.20 a.m. on 20/04/2021

13.50 p.m. on 21/04/2021

Detention as an administrative suspect: no evidence/assessment of “exceptional circumstances”

Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 21/04/2021, Velikiy Novgorod, Article 20.2 § 2 of CAO, fine of RUB 20,000, Novgorod Regional Court, 24/05/2021,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Novgorod Regional Court, 24/05/2021

59999/21*

03/12/2021

Stepan Viktorovich SOLODKIY

1987Ivan Yuryevich Zhdanov

Vilnius

5.45 p.m. on 21/04/2021

3.15 p.m. on 22/04/2021

Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity, detention as an administrative suspect: beyond the three-hour statutory period

Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 21/04/2021, Article 20.2 § 2 of CAO, detention for 1 day, Supreme Court of the Karelia Republic, 22/06/2021,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Supreme Court of the Karelia Republic, 22/06/2021,

Art. 6 (1) - and Art. 6 (3) (d) unfair criminal proceedings - inability to cross-examine in the trial police officers on whose written statements the conviction was based

61697/21*

10/12/2021

Dmitriy Lvovich IVANOV

1984Memorial Human Rights Centre

Moscow

10 a.m. on 21/04/2021

4 p.m. on 22/04/2021

Applicant taken to the police station as an administrative suspect for the purposes of compiling an offence record: no written record of the administrative escort

Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 21/04/2021, Korsakov, Article 20.2 § 2 of CAO, fine of RUB 10,000, Sakhalin Regional Court, 10/06/2021,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Sakhalin Regional Court, 10/06/2021

8031/22*

14/01/2022

Irina Olegovna LOPATOVA

1996Aleksandr Vasilyevich Popkov

Sochi

05/05/2018

05/05/2018

Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record to establish the suspect’s identity

Civil proceedings for compensation on account of unlawful deprivation of liberty ended with the decision of 04/08/2021 of the Supreme Court of Russia (see Tsvetkova and Others v. Russia , nos. 54381/08 and 5 others, § 103, 10/04/2018)

8102/22

07/01/2022

Svetlana Vladimirovna SATALKINA

1979Olimpiada Valentinovna Usanova

Nizhniy Novgorod

12/09/2021

12/09/2021

Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity

Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 12/09/2021, Magnitogorsk, Article 20.2 § 2 of CAO, fine of RUB 10,000, Chelyabinsk Regional Court, 10/03/2021,

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 police officers on whose written statements the conviction was based

8348/22*

25/01/2022

Dmitriy Yakovlevich SHUTOV

1976Memorial Human Rights Centre

Moscow

31/01/2021

01/02/2021

Detention as an administrative suspect: beyond the three-hour statutory period

8352/22*

25/01/2022

Aleksandr Sergeyevich KOMAROV

1985Memorial Human Rights Centre

Moscow

02/09/2021

09/09/2021

02/09/2021

10/09/2021

Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Irkutsk Regional Court, 17/09/2021,

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. 10 (1) - disproportionate measures against solo demonstrators - solo demonstration in support of political prisoners on 02/09/2021, Irkutsk, Article 20.2 § 2 of CAO, detention of 9 days, Irkutsk Regional Court, 17/09/2021,

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

8428/22

19/01/2022

Krasimir Khristov VRANSKI

1981Varvara Dmitriyevna Mikhaylova

St Petersburg

19/01/2021

20/01/2021

Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity, delay of more than a few hours in releasing the applicant

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: St Petersburg City Court, 20/07/2021,

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. 10 (1) - conviction for making calls to participate in public events - call to participate in an eco-rally published on a social network "Vkontakte" on 19/01/2021, St Petersburg, Article 20.2 § 2 of CAO, fine of RUB 25,000, St Petersburg City Court, 20/07/2021

9127/22

27/01/2022

Konstantin Dmitriyevich RASPOPOV

1995Mikhail Alekseyevich Gorshenev

Voronezh

7.30 p.m. on 21/12/2020

5 p.m. on 22/12/2020

Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity, detention as an administrative suspect: no evidence/assessment of “exceptional circumstances”, detention as an administrative suspect: the applicant remained in detention 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 - Final decision: Moscow City Court, 29/07/2021,

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 police officers on whose written statements the conviction was based

11105/22*

10/02/2022

Dmitriy Andreyevich URYUPIN

1966Nikolay Sergeyevich Zboroshenko

Mytishchi

02/03/2021

02/03/2021

Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity

Art. 10 (1) - conviction for making calls to participate in public events - call to organise an opposition gathering on 14/02/2021, Moscow, Article 20.2 § 2 of CAO, fine of RUB 20,000, Moscow City Court, 07/09/2021,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 07/09/2021,

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 police officers on whose written statements the conviction was based

12124/22

01/02/2022

Mikhail Alekseyevich GUSEV

2000Memorial Human Rights Centre

Moscow

21/04/2021

22/04/2021

Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity, detention (criminal) for more than three hours without any written record, detention as an administrative suspect: 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 - Final decision: Ivanovo Regional Court, 25/08/2021,

Art. 10 (1) - disproportionate measures against solo demonstrators - solo picketing in support of A. Navalnyy on 21/04/2021, Ivanovo, Article 20.2. § 5 of CAO, fine of RUB 10,000, Ivanovo Regional Court, 25/08/2021

17198/22*

16/03/2022

Mikhail Yuryevich CHIMAROV

2000Konstantin Aleksandrovich Markin

Velikiy Novgorod

27/02/2022

01/03/2022

Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity, detention as an administrative suspect: 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 - Final decision: Nizhniy Novgorod Regional Court, 05/03/2022,

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,

Art. 10 (1) - disproportionate measures against solo demonstrators - anti-war solo protest on 27/02/2022, Nizhniy Novgorod, Article 20.2 § 8, detention of 12 days, Nizhniy Novgorod Regional Court, 05/03/2022

22656/22*

28/03/2022

Sergey Gennadyevich ROSS

1986Natalya Andreyevna Baranova

Moscow

24/09/2021

25/09/2021

Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity, detention as an administrative suspect: beyond the three-hour statutory period, detention as an administrative suspect: the applicant remained in detention 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 - Final decision: Moscow City Court, 28/09/2021,

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. 10 (1) - conviction for making calls to participate in public events - posting a call on social media to participate in a meeting with communist party deputies on 20/09/2021, Moscow, Article 20.2. § 2 of CAO, detention of 9 days, Moscow City Court, 28/09/2021,

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

39798/22

02/08/2022

Yekaterina Yevgenyevna BUBNOVA

1996Mariya Sergeyevna Zyryanova

St Petersburg

02/03/2022

03/03/2022

Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity, detention as an administrative suspect: no evidence/assessment of “exceptional circumstances”

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: St Peterburg City Court, 05/04/2022,

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 police officers on whose written statements the conviction was based,

Art. 10 (1) - conviction for making calls to participate in public events - protest against war in Ukraine on 27/02/2022, St Petersburg, Article 20.2 § 2 of CAO, fine of RUB 20,000, St Peterburg City Court, 05/04/2022,

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

54968/22

28/10/2022

Mikhail Viktorovich KORENEVSKIY

1986

06/05/2022

07/05/2022

Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity, detention as an administrative suspect: the applicant remained in detention 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 - Final decision: Moscow City Court, 28/06/2022,

Art. 10 (1) - conviction for making calls to participate in public events - protest against war in Ukraine on 09/05/2022, Moscow, Article 20.3.3 § 1 of CAO, fine of RUB 50,000, Moscow City Court, 28/06/2022

10033/23*

13/02/2023

Ilya Yevgenyevich VORONTSOV

199110.30 a.m. on 11/09/2022

6 p.m. on 11/09/2022

Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 13/10/2022,

Art. 10 (1) - various restrictions on the right to freedom of expression - anti-war drawings on the ballot paper during elections of 11/09/2022, Moscow, Article 20.3.3 § 1 of the CAO, Nagatinskiy District Court, 11/09/2022, fine of RUB 50,000, Moscow City Court, 13/10/2022

© European Union, https://eur-lex.europa.eu, 1998 - 2026

LEXI

Lexploria AI Legal Assistant

Active Products: EUCJ + ECHR Data Package + Citation Analytics • Documents in DB: 401132 • Paragraphs parsed: 45279850 • Citations processed 3468846