Lexploria

FIFTH SECTION

CASE OF ZINCHENKO AND OTHERS v. RUSSIA

(Applications nos. 47784/18 and 21 others â€“

see appended list)

JUDGMENT

STRASBOURG

22 February 2024

This judgment is final but it may be subject to editorial revision.

In the case of Zinchenko and Others v. Russia,

The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:

MarÃa ElÃ³segui , President , Mattias Guyomar, KateÅ™ina Å imÃ¡ÄkovÃ¡ , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 1 February 2024,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in applications against Russia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (â€œthe Conventionâ€) on the various dates indicated in the appended table.

2. The Russian Government (â€œthe Governmentâ€) were given notice of the applications.

THE FACTS

3. The list of applicants and the relevant details of the applications are set out in the appended table.

4. The applicants complained of the disproportionate measures taken against them as organisers or participants of public assemblies. They also (except for the applicant in application no. 46493/21) raised other complaints under the provisions of the Convention.

THE LAW

5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.

6. The Court observes that the facts giving rise to the alleged violations of the Convention occurred prior to 16 September 2022, the date on which the Russian Federation ceased to be a party to the Convention. The Court therefore decides that it has jurisdiction to examine the present applications (see Fedotova and Others v. Russia [GC], nos. 40792/10 and 2 others, Â§Â§ 68 â€‘ 73, 17 January 2023).

7. The applicants complained principally of disproportionate measures taken against them as organisers or participants of public assemblies, namely their arrest in relation to the dispersal of these assemblies and their conviction for administrative offences. They relied, expressly or in substance, on Article 11 of the Convention.

8. The Court refers to the principles established in its case-law regarding freedom of assembly (see KudreviÄius and Others v. Lithuania [GC], no. 37553/05, ECHR 2015, with further references) and proportionality of interference with it (see Oya Ataman v. Turkey , no. 74552/01, ECHR 2006 â€‘ XIV, and Hyde Park and Others v. Moldova , no. 33482/06, 31 March 2009).

9. In the leading cases of 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, the Court already found a violation in respect of issues similar to those in the present case.

10. Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion as to the admissibility and merits of these complaints. In particular, it reiterates that mere discontinuation of the administrative-offence proceedings in respect of the applicants, without acknowledgment and sufficient redress of violation of their conventional rights do not deprive them of a victim status (see Grigoryev and Igamberdiyeva v. Russia [Committee], no. 10970/12, Â§Â§ 21 and 23-25, 12 February 2019). Having regard to its case-law on the subject, the Court considers that in the instant case the interferences with the applicantsâ€™ freedom of assembly were not â€œnecessary in a democratic societyâ€.

11. These complaints are therefore admissible and disclose a breach of Article 11 of the Convention.

12. Some applicants submitted other complaints which also raised issues under the Convention and its Protocols, given the relevant well-established case-law of the Court (see appended table). These complaints are not manifestly ill-founded within the meaning of Article 35 Â§ 3 (a) of the Convention, nor are they inadmissible on any other ground. Accordingly, they must be declared admissible.

13. Having examined all the material before it, the Court concludes that these complaints also disclose violations of the Convention and its Protocols in the light of its findings in Butkevich v. Russia , no. 5865/07, Â§Â§ 63-65, 13 February 2018, Tsvetkova and Others v. Russia , nos. 54381/08 and 5 others, Â§Â§ 115-31, 10 April 2018, Korneyeva v. Russia , no. 72051/17, Â§Â§ 34-36, 8 October 2019, and Lashmankin and Others v. Russia , nos. 57818/09 and 14 others, Â§ 489, 7 February 2017, as to various aspects of unlawful deprivation of liberty of organisers or participants of public assemblies; Grigoryev and Igamberdiyeva , cited above, about inadequate redress for unlawful deprivation of liberty and for unjustified interference with the freedom of expression in the context of administrative-offence prosecution for participation in public events; Karelin v. Russia , no. 926/08, Â§Â§ 58-85, 20 September 2016, concerning the absence of a prosecuting party in the proceedings under the Code of Administrative Offences (the CAO); Glukhin v. Russia, no. 11519/20, Â§Â§ 64-91, 4 July 2023, concerning unjustified processing of the applicantâ€™s personal biometric data by using highly intrusive facial recognition technology in administrative offence proceedings in order to identify, locate and arrest him; Butkevich , cited above, Â§Â§ 129-39, as to unjustified interference (measures in relation to media coverage of public assemblies) with the applicantâ€™s freedom of expression; Novikova and Others v. Russia , nos. 25501/07 and 4 others, Â§Â§ 106-225, 26 April 2016, related to disproportionate measures taken by the authorities against participants of solo manifestations; Elvira Dmitriyeva v. Russia , nos. 60921/17 and 7202/18, Â§Â§ 77-90, 30 April 2019, concerning administrative convictions for making calls to participate in public events; Mariya Alekhina and Others v. Russia , no. 38004/12, Â§Â§ 197-201, 17 July 2018, and Bouton v. France , no. 22636/19, Â§Â§ 42-68, 13 October 2022, concerning restrictions of performance as a sign of protest; Yartsev v. Russia , no. 16683/17, Â§Â§ 28-38, 20 July 2021, related to the administrative conviction for waving banners with slogans that did not correspond to the declared aims of the public event; Martynyuk v. Russia , no. 13764/15, Â§Â§ 38-42, 8 October 2019, and Tsvetkova and Others , cited above, Â§Â§ 178-88, relating to the lack of suspensive effect of an appeal against the sentence of administrative detention; Korneyeva , cited above, Â§Â§ 62-65, as to the right of the organisers or participants of public assemblies not to be tried and punished twice for the same offence.

14. The applicants raised further additional complaints under Article 6 of the Convention concerning other aspects of fairness of the administrative â€‘ offence proceedings. In view of the findings in paragraphs above, the Court considers that there is no need to deal separately with these remaining complaints.

15. Regard being had to the documents in its possession and to its case â€‘ law (see in particular Navalnyy and Others v. Russia [Committee], nos. 25809/17 and 14 others, Â§ 22, 4 October 2022, and Glukhin , cited above, Â§ 96), the Court finds it reasonable to award the sums indicated in the appended table.

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

(a) that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;

(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

Done in English, and notified in writing on 22 February 2024, pursuant to Rule 77 Â§Â§ 2 and 3 of the Rules of Court.

Viktoriya Maradudina MarÃa ElÃ³segui Acting Deputy Registrar President

APPENDIX

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

Applicantâ€™s name

Year of birth

Representativeâ€™s name and location

Name of the public event

Location

Date

Administrative offence (code of administrative offences, CAO)

Penalty

Final domestic decision

Court Name

Date

Other complaints under well-established case-law

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses (in euros) [1]

47784/18

27/09/2018

Mariya Igorevna ZINCHENKO

1990

Anticorruption rally

Vladivostok

28/01/2018

Rally against pension reform

Vladivostok

15/09/2018

article 20.2 Â§ 5 of CAO

article 20.2 Â§ 8 of CAO

fine of RUB 10,000

administrative detention of 15 days

Primorye Regional Court

27/03/2018

Primorye Regional Court

16/01/2019

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without â€œexceptional circumstancesâ€:

- from 10.50 a.m. to03.50 p.m. on 02/02/2018,

- from 2.12 p.m. on 15/09/2018 to 2.10 p.m. on 17/09/2018,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions: Primorye Regional Court, 27/03/2018 and 16/01/2019,

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.

5,000

10432/21

28/01/2021

Anton Pavlovich APTEKAR

1997

Aksenova Darya Dmitriyevna

Kolomna

Rally in support of Mr Kotov

Moscow

22/02/2020

Rally in support of Mr Navalnyy

Moscow

23/01/2021

article 20.2 Â§ 5 of CAO

article 20.2 Â§ 8 of CAO

fine of RUB 10,000

community service of 40 hours

Moscow City Court

28/07/2020

Moscow City Court

19/05/2022

Art. 5 (1) - unlawful deprivation of liberty:

1) escorting to a police station for the purpose of drawing up a record of administrative offence from 5.00 p.m. to an unspecified time on 22/02/2020,

2) escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without â€œexceptional circumstancesâ€, from 11.30 a.m. to 3.15 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 - final decisions: Moscow City Court, 28/07/2020 and 19/05/2022.

4,000

13424/21

07/02/2021

Dmitriy Aleksandrovich IVANOV

1999

Rally in support of political prisoners

Moscow

14/03/2020

Rally in support to Mr Navalnyy

Moscow

23/01/2021

Rally in support of Mr Navalnyy

Moscow

02/02/2021

Collective walkabout in support of Ilya Azarov and against Mr Putin

Zvenigorodskoe Highway

Moscow

05/06/2020

article 19.3 Â§ 1 of CAO, article 20.2 Â§ 8 of CAO

article 20.2 Â§ 6.1 of CAO

article 20.2 Â§ 8 of CAO

article 20.2 Â§ 5 of CAO

fine of RUB 1,000 and administrative detention of 13 days

fine of RUB 19,000

administrative detention of 30 days

fine of RUB 20,000

Moscow City Court, 10/08/2020 and

07/08/2020

Moscow City Court

23/09/2021

Moscow City Court

10/02/2021

Moscow City Court

10/09/2020

Art. 5 (1) â€“

1) unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without â€œexceptional circumstancesâ€:

- from 3.15 to 10.10 p.m. on 14/03/2020,

- from 4.30 p.m. on 08/06/2020 to 3.00 p.m. 09/06/2020,

- from 11.00 p.m. on 01/08/2020 to 03/08/2020,

- from 03.15 p.m. on 01/11/2020 to 02/11/2020,

- from 11.30 p.m. on 02/02/2021 to 03/02/2021, hearing in the applicantâ€™s administrative-offence case,

- from 11.50 p.m. on 04/03/2021 to 05/03/2021, hearing in the applicantâ€™s administrative-offence case,

2) unlawful escorting to the police station for the purpose of drawing up a record of administrative offence, from 6.30 p.m. to 8.50 p.m. on 05/06/2020,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions: Moscow City Court, 07/08/2020, 10/08/2020, 10/09/2020, 06/11/2020, 10/02/2021, 11/03/2021 (administrative conviction under article 19.3 Â§ 1 to administrative detention of 10 days), and 23/09/2021,

Art. 8 (2) - restrictions on the right to private life of participants in public assemblies - use of facial recognition technology for the identification of the applicant as a participant of the rally on 23/01/2021 and his subsequent conviction (raised on appeal, final decision: Moscow City Court, 23/09/2021; complaint lodged on 23/03/2022),

Art. 10 (1) - disproportionate measures against solo demonstrators - Solo picket in support of Ilya Azar in Moscow, 05/06/2020, administrative conviction under article 20.2 Â§ 5 of the CAO, fine of RUB 20,000, final decision: Moscow City Court, 08/09/2020,

Art. 10 (1) - measures in relation to media coverage of public assemblies - The applicant intended to cover, as a journalist, a picketing in support of "Novoye Velichiye" - entity declared as extremist organisation in Russia - on 01/11/2020. He was taken to the police station and then brought to administrative liability under article 19.3 Â§ 1 of the CAO (disobedience) to administrative detention of 8 days. Final decision: Moscow City Court, 06/11/2020,

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention of 10 days imposed on the applicant by the courts of first instance on 05/03/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO,

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was convicted twice for participating in the same unauthorised rally on 14/03/2020: under art. 19.3 Â§ 1 (fine) and under art. 20.2 Â§ 5 (administrative detention) of the CAO.

9,000

21468/21

06/04/2021

Denis Alevtinovich MAKGOLAKH

1991

Timireva Olga Vladimirovna

Moscow

Rally in support of Mr Navalnyy

Moscow

31/01/2021

Forum of independent deputies â€œMunicipal Russiaâ€

Moscow

13/03/2021

article 20.2 Â§ 6.1 of CAO

article 20.33 of CAO

administrative detention of 14 days

fine of RUB 10,000

Moscow City Court

08/02/2021

Shatura Town Court of the Moscow Region

08/06/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without â€œexceptional circumstancesâ€:

- on an unspecified time on 31/01/2021,

- on 13/03/2021 for 4 hours,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions: Moscow City Court, 08/02/2021, and Shatura Town Court, 08/06/2021,

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

5,000

23408/21

11/04/2021

Grigoriy Aleksandrovich TIFANYUK

1993

Sozonov Ruslan Vladimirovich

Nizhniy Novgorod

Rally in support to Mr Navalnyy

Nizhniy Novgorod

23/01/2021

article 20.2 Â§ 8 of CAO

administrative detention of 10 days

Nizhniy Novgorod Regional Court

31/03/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without â€œexceptional circumstancesâ€:

- from 5.00 p.m. to 8.30 p.m. on 21/08/2020,

- from 23/01/2021 to 25/01/2021, hearing in the applicantâ€™s administrative-offence case,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions: Nizhniy Novgorod Regional Court, 21/10/2020 and 31/03/2021,

Art. 10 (1) - conviction for making calls to participate in public events - Administrative conviction for having posted the applicantâ€™s personal account page in the social network "VKontakte" a video calling up to take part in manifestations 21/08/2020 in support of Mr A. Navalnyy / Article 20.2 Â§ 2 of the CAO / 20 hours of community works / Final decision: Nizhniy Novgorod Regional Court, 21/10/2020,

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - 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.

5,000

26290/21

28/04/2021

Fedor Fedorovich KOBZEV

1964

Mezak Ernest Aleksandrovich

Saint-BarthÃ©lemy-dâ€™Anjou

Rally in support of Mr Navalnyy

Syktyvkar

23/01/2021

Rally in support of Mr Navalnyy

Syktyvkar

31/01/2021

article 20.2 Â§ 8 of CAO

fine of RUB 150,000

Supreme Court of the Komi Republic

07/07/2021

Supreme Court of the Komi Republic

28/07/2021

Art. 5 (1) - unlawful deprivation of liberty:

1) escorting to the police station for the purpose of drawing up a record of administrative offence, from 3.05 p.m. on 09/08/2020 to an unspecified time, with no record of the applicantâ€™s escorting,

2) escorting to the police station for the purpose of drawing up a record of administrative offence detention in excess of 3 hours and without â€œexceptional circumstancesâ€, from 12.30 p.m. to 10.15 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 - final decisions: Supreme Court of the Komi Republic, 28/10/2020, 25/11/2020, 07/07/2021 and 28/07/2021,

Art. 10 (1) - disproportionate measures against solo demonstrators - On 09/08/2020 the applicant held a solo picketing against a candidate for governor of the Komi Republic in Syktyvkar, in the center place of the town. He was convicted twice: under Art. 20.2 Â§ 5 of the CAO (participation in an unauthorised rally - fine of RUB 5,000), and under Art. 19.3 Â§ 1 of the CAO (disobedience - fine of RUB 500). Final decisions: Supreme Court of the Komi Republic, 28/10/2020 and 25/11/2020.

5,000

39209/21

28/07/2021

Dmitriy Sergeyevich SHELOMENTSEV

1993

Memorial Human Rights Centre

Moscow

Rally in support of Mr Navalnyy

Moscow

02/02/2021

article 20.2 Â§ 6.1 of CAO

administrative detention of 15 days

Moscow City Court

09/02/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without â€œexceptional circumstancesâ€, from 11.17 p.m. on 02/02/2023 to 8.26 p.m. on 03/02/2023, hearing in the applicantâ€™s administrative-offence case,

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, 09/02/2021,

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

5,000

43268/21

09/08/2021

Dzhamilya Iskandarovna YUSUPOVA

1997

Pomazuyev Aleksandr Yevgenyevich

Vilnius

Rally in support of Mr Navalnyy

Tyumen

31/01/2021

article 20.2 Â§ 5 of CAO

fine of RUB 15,000

Tyumen Regional Court

03/03/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence, from 1.00 p.m. to 3.40 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 - final decision: Tyumen Regional Court, 03/03/2021.

4,000

45077/21

02/09/2021

Vladimir Yuryevich DOROKHOV

1985

Pomazuyev Aleksandr Yevgenyevich

Vilnius

Rally in support of Mr Navalnyy

Tula

31/01/2021

article 20.2 Â§ 5 of CAO

fine of RUB 10,000

Tula Regional Court

18/03/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without â€œexceptional circumstancesâ€ from 12.20 p.m. to an unspecified time 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 - final decision: Tula Regional Court, 18/03/2021.

4,000

45349/21

11/08/2021

Iskender Gabdrakhmanovich YASAVEYEV

1971

Nurgaleyev Danil Ilnurovich

Kazan

Rally in support of Mr Navalnyy

Kazan

31/01/2021

article 20.2 Â§ 5 of CAO

fine of RUB 10,000

Supreme Court of the Tatarstan Republic

24/03/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without â€œexceptional circumstancesâ€:

- from 1.00 p.m. on 31/01/2021 to 2.00 p.m. on 01/02/2021,

- from 4.12 p.m. on 27/02/2022 to 28/02/2022 in the afternoon,

Art. 10 (1) - disproportionate measures against solo demonstrators - Picketing against the war in Ukraine, 27/02/2022, Kazan, administrative conviction under art. 20.2 Â§ 8 of the CAO to an administrative detention of 5 days, final decision: Supreme Court of the Tatarstan Republic, 13/07/2022,

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant in the proceedings under art. 20.2 Â§ 8 of CAO was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.

5,000

46352/21

02/09/2021

Irina Sergeyevna FATYANOVA

1989

Rally in support to Mr Navalnyy

St Petersburg

23/01/2021

article 20.2 Â§ 2 of CAO

administrative detention of 10 days

St Petersburg City Court

04/03/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without â€œexceptional circumstancesâ€:

- from 5.30 p.m. on 23/01/2021 to 24/01/2021,

- from 2.10 p.m. on 13/04/2021 to 14/04/2021 in both cases the applicant was detained until the hearings in her administrative â€‘ offence cases,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions: St Petersburg City Court: 04/03/2021, 16/03/2021 and 18/05/2021,

Art. 10 (1) - conviction for making calls to participate in public events - Administrative conviction for posting a call on a social network to participate in the protest in support of Mr A. Navalnyy scheduled in St Petersburg:

1) on 23/01/2021 / Article 20.2. Â§ 2 of the CAO / administrative detention for 6 days / final decision: St Petersburg City Court, 16/03/2021

2) on 31/01/2021 / Article 20.2. Â§ 2 of the CAO / administrative detention for 10 days / final decision: St Petersburg City Court,18/05/2021,

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentences of administrative detention (6 and 10 days) imposed on the applicant were executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.

6,000

46493/21

04/09/2021

Mikhail Olegovich ALEKSEYEV

1990

Bubon Konstantin Vladimirovich

Khabarovsk

Rally in support of Mr Navalnyy

Khabarovsk

23/01/2021

article 20.2 Â§ 6.1 of CAO

fine of RUB 10,000

Khabarovsk Regional Court

10/03/2021

3,500

47071/21

03/09/2021

Nadezhda Nikolayevna SHESTAKOVA

1956

Tiunov Sergey Yuryevich

Yekaterinburg

Rally in support of Mr Navalnyy

Yekaterinburg

31/01/2021

Rally against the was in Ukraine

Yekaterinburg

24/02/2022

article 20.2 Â§ 5 of CAO

article 20.2 Â§ 8 of CAO

community works of 20 hours

administrative detention of 25 days

Sverdlovsk Regional Court

25/05/2021

Sverdlovsk Regional Court, 02/03/2022, received by the applicant on

10/03/2022

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without â€œexceptional circumstancesâ€, from 7.15 p.m. on 24/02/2022 to 25/02/2022, hearing in the applicantâ€™s administrative offence case,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions: Sverdlovsk Regional Court, 25/05/2021 and 02/03/2022.

6,000

47148/21

07/09/2021

Aleksandr Andreyevich MARKIN

1999

Memorial Human Rights Centre

Moscow

Rally in support of Mr Navalnyy

Bryansk

23/01/2021

article 20.2 Â§ 6.1 of CAO, article 20.2 Â§ 5 of CAO

fines of

RUB 1,500

and

10,000

Bryansk Regional Court 18/03/2021 and

30/03/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without â€œexceptional circumstancesâ€, from 2.12 p.m. on 23/01/2021 to 00.47 a.m. on 24/01/2021.

4,000

49242/21

30/09/2021

Yegor Denisovich TOKHTOBIN

2002

Rally in support of Mr Navalnyy

Moscow

31/01/2021

Rally against the war in Ukraine

Moscow

13/03/2022

article 20.2 Â§ 6.1 of CAO

article 20.2 Â§ 8 of CAO

administrative detention of 7 days

administrative detention of 15 days (the applicant was detained 11 days, till 24/03/2022 when the appeal court exempted him from the penalty)

Moscow City Court

20/04/2021

Moscow City Court

24/03/2022

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without â€œexceptional circumstancesâ€:

- from 3.40 p.m. on 31/01/2021 to 4.40 p.m. on 01/02/2021,

- from 3.00 p.m. on 13/03/2022 to 1.30 p.m. on 14/03/2022

(both times, until the hearings in the applicantâ€™s administrative-offence cases),

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions: Moscow City Court, 20/04/2021 and 24/03/2022,

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the administrative detention imposed on the applicant on 14/03/2022 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.

6,000

49500/21

22/09/2021

Dmitriy Yuryevich MALININ

1983

Rally in support of Mr Navalnyy

Kaliningrad

23/01/2021

Rally in support of Mr Navalnyy

Kaliningrad

31/01/2021

Rally in support of Mr Navalnyy

Kaliningrad

21/04/2021

article 20.2 Â§ 5 of CAO

article 20.2 Â§ 8 of CAO

community works of 20 hours

fine of RUB 10,000

fine of RUB 200,000

Kaliningrad Regional Court

23/03/2021

Kaliningrad Regional Court

01/06/2021

Kaliningrad Regional Court

29/06/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without â€œexceptional circumstancesâ€:

- from 4.20 p.m. to 9.20 p.m. on 23/01/2021,

- from 3.10 p.m. on 18/05/2021 to an unspecified time on the same day, when the applicant was brought to the trial court,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions: Kaliningrad Regional Court, 23/03/2021 and 01/06/2021.

6,000

49632/21

14/09/2021

Vadim Leonidovich KOBZEV

1997

Bochilo Anna Yevgenyevna

Barnaul

Rally in support of Mr Navalnyy

Rostov-on-Don

21/04/2021

article 20.1 Â§ 2 of CAO

administrative detention of 13 days

Rostov Regional Court

28/04/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without â€œexceptional circumstancesâ€, from 11.00 p.m. on 20/04/2021 (the day before the scheduled rally) to 21/04/2021, hearing in the applicantâ€™s administrative-offence case of petty hooliganism,

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

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.

5,000

56424/21

28/10/2021

Ilya Gennadyevich POGNERYBKO

1994

Rally in support of Mr Navalnyy

Rostov-on-Don

21/04/2021

article 20.2 Â§ 6.1 of CAO

administrative detention of 9 days

Rostov Regional Court

28/04/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without â€œexceptional circumstancesâ€, from 11.30 a.m. on 08/05/2022 to 10.30 a.m. on 10/05/2022,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions: Rostov Regional Court, 28/04/2022 and 11/07/2022,

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentences of administrative detention imposed on the applicant on 22/04/2021 and 10/05/2022 were executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.

5,000

56623/21

21/10/2021

Ernest Aleksandrovich MEZAK

1976

Laptev Aleksey Nikolayevich

Moscow

Rally in support of Mr Navalnyy

Syktyvkar

23/01/2021

Rally in support of Mr Navalnyy

Syktyvkar

31/01/2021

article 20.2 Â§ 5 of CAO

article 20.2 Â§ 5 of CAO, article 19.3 Â§ 1 of CAO

fine of RUB 10,000

fine of RUB 17,000, administrative detention of 12 days

Supreme Court of the Komi Republic

16/06/2021

Supreme Court of the Komi Republic, 21/04/2021 and

02/06/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without â€œexceptional circumstancesâ€:

- from 12.25 p.m. to 11.30 p.m. on 31/01/2021,

- from 4.50 a.m. to 3.30 p.m. on 10/03/2021 (in an administrative â€‘ offence case related to the applicantâ€™s alleged disobedience 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 - final decisions: Supreme Court of the Komi Republic, 21/04/2021, 02/06/2021, 16/06/2021 and 15/12/2021,

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 on 10/03/2021 (upheld on 02/06/2021) and 19/03/2021 (upheld on 15/12/2021) were executed immediately, on account of the lack of suspensive effect of an appeal under the CAO,

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - The applicant was convicted twice for participating in the same public rally on 31/01/2021: under art. 19.3 Â§ 1 and under art. 20.2 Â§ 5 of the CAO (raised on appeal).

5,000

57204/21

29/10/2021

Alina Sergeyevna IVANOVA

1996

Zboroshenko Nikolay Sergeyevich

Mytishchi

Rally in support of Mr Navalnyy

Moscow

31/07/2018

Rally in support of Mr Navalnyy

Moscow

23/01/2021

Rally in support of Mr Navalnyy

Moscow

31/01/2021

article 20.2 Â§ 5 of CAO

After having been taken to the police station, the applicant was not brought to liability as the District Court returned the case to the police, then the case became time barred. The applicant lodged a civil compensation suit, which was dismissed

fine of RUB 10,000

Single judge of the Supreme Court of Russia

04/06/2021

Moscow City Court

29/06/2021

Moscow City Court

21/07/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence:

- from 7.00 p.m. to 11.00 p.m. on 31/07/2018 (detention in excess of 3 hours and without â€œexceptional circumstancesâ€),

- from 5.15 p.m. on 23/01/2021 to an unspecified time,

- from 6.20 p.m. on 31/01/2021 to an unspecified time,

- on an unspecified time on 09/08/2021,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions: Moscow City Court, 29/06/2021, 21/07/2021 and 07/09/2021,

Art. 10 (1) - various restrictions on the right to freedom of expression - On 07/08/2021, the applicant took part in a spontaneous solo performance â€“ lowered her pants in front of the police department in Arbat District in Moscow. The purpose of her actions was to express her disagreement with an earlier arrest of 2 residents of Yekaterinburg for the same actions. She was arrested on 09/08/2021. The police officers drew up an administrative offence record under Art. 20.1(1) â€“ petty hooliganism. The applicant was sentenced to 3 days of administrative detention. Final decision: Moscow City Court, 07/09/2021.

5,000

57907/21

26/10/2021

Sergey Arlenovich ZYKOV

1972

Kachanov Roman Yevgenyevich

Yekaterinburg

Rally in support of Mr Navalnyy

Yekaterinburg

23/01/2021

Rally in support of Mr Navalnyy

Yekaterinburg

31/01/2021

article 20.2 Â§ 5 of CAO

community works of 30 hours

community works of 35 hours

Sverdlovsk Regional Court

23/06/2021

Sverdlovsk Regional Court

23/06/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without â€œexceptional circumstancesâ€, from 7.10 p.m. on 21/04/2021 to 9.30 a.m. on 22/04/2021 (hearing in the applicantâ€™s administrative-offence case),

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions: Sverdlovsk Regional Court, 23/06/2021 (two decisions), 27/04/2021 and 07/05/2021,

Art. 10 (1) - conviction for making calls to participate in public events - Administrative conviction:

1) for a post on Facebook calling upon public to participate in public rallies in support of Mr A. Navalnyy / Article 20.2 Â§ 2 of the CAO / administrative detention of 9 days / final decision: Sverdlovsk Regional Court on 27/04/2021.

2) for having been given flyers encouraging to participate in public rallies in support of Mr A. Navalnyy / Article 19.3 Â§ 1 of the CAO / administrative detention of 15 days / final decision: Sverdlovsk Regional Court, 07/05/2021,

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

6,000

45469/22

26/08/2022

Zulfiya Mudarisovna SITDIKOVA

1976

Sabirov Rim Faridovich

Kazan

Rally against the war in Ukraine

Kazan

06/03/2022

article 20.2 Â§ 2 of CAO

fine of RUB 10,000

Supreme Court of the Tatarstan Republic

27/04/2022

Art. 5 (1) - unlawful deprivation of liberty:

1) escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without â€œexceptional circumstancesâ€:

- from 2.05 p.m. on 06/03/2022 to 08/03/2022, hearing in the applicantâ€™s administrative-offence case,

- from 7.10 p.m. on 06/07/2022 to 08/07/2022, hearing in the applicantâ€™s administrative-offence case under art. 19.3 of the CAO (disobedience; no link with any particular rally),

2) unlawful escorting to the police station for the same purpose, from 9.30 p.m. to 11.50 p.m. on 14/06/2022,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions: Supreme Court of the Tatarstan Republic, 27/04/2022, 27/07/2022 and 24/08/2022,

Art. 10 (1) - conviction for the display of slogans/banners/other symbols by participants in public events - The applicant was arrested on 14/06/2022, during a rock-concert in Kazan, for wearing a shirt with "No war" sign. An administrative offence record was drawn up in respect of the applicant under art. 20.3.3 of the CAO (administrative offence of â€œpublicly discrediting the use of Russian military forces for upholding international peace and securityâ€). On 22/07/2022 the Novo-Savinovkiy District Court of Kazan convicted the applicant thereunder and sentenced her to a fine of RUB 40,000. Final decision: Supreme Court of the Tatarstan Republic, 24/08/2022.

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant by the court of first instance on 08/07/2022, under art. 19.3 of the CAO was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.

5,000

[1] Plus any tax that may be chargeable to the applicants.

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CASE OF ZINCHENKO AND OTHERS v. RUSSIA

CASE OF ZINCHENKO AND OTHERS v. RUSSIA

LEXI