Lexploria

FIFTH SECTION

CASE OF NURUSHEV AND OTHERS v. RUSSIA

(Applications nos. 46570/18 and 24 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 Nurushev 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 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. 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, and Korneyeva v. Russia , no. 72051/17, Â§Â§ 34-36, 8 October 2019, as to various aspects of unlawful deprivation of liberty of organisers or participants of public assemblies; 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); 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; Martynyuk v. Russia , no. 13764/15, Â§Â§ 38-42, 8 October 2019, 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. Some 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), 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]

46570/18

19/09/2018

Ruslan Urazbayevich NURUSHEV

1973

March "Strike of electors"

Volgograd

28/01/2018

Rally in support of Mr A. Navalnyy

Volgograd

23/01/2021

Rally in support of Mr A. Navalnyy

Volgograd

31/01/2021

article 20.2 Â§ 5 of CAO

fine of RUB 10,000

Volgograd Regional Court

21/03/2018

Volgograd Regional Court

18/02/2021

Volgograd Regional Court

24/02/2021

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 4.30 p.m. on 28/01/2018 to an unspecified time,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions: Volgograd Regional Court, 21/03/2018, 18/02/2021 and 24/02/2021,

Art. 10 (1) - conviction for making calls to participate in public events - calling on participation in the anti-war rally by posting a call on social network on 02/03/2022 in Volgograd. The applicant was convicted under article 20.2. Â§ 8 of the CAO, to an administrative detention of 15 days, final decision: Volgograd Regional Court,10/03/2022.

5,000

36922/21

16/07/2021

Valentina Aleksandrovna YAKUNINA

1976

Memorial Human Rights Centre

Moscow

Rally in support of Mr A. Navalnyy

Rostov-on-Don

31/01/2021

article 20.2 Â§ 6.1 of CAO

fine of RUB 11,000

Rostov Regional Court

11/03/2021

Art. 5 (1) - unlawful deprivation of liberty: 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 2.00 p.m. on 31/01/2021 to 11.30 a.m. on 01/02/2021;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Rostov Regional Court, 11/03/2021.

4,000

40459/21

27/07/2021

Olesya Yuryevna CHERNETSKAYA

1970

Shindyapin Arkadiy Vitalyevich

Moscow

Rally in support of Mr A. Navalnyy

Moscow

31/01/2021

article 20.2 Â§ 6.1 of CAO

administrative detention of 4 days

Moscow City Court

16/02/2021

Art. 5 (1) - unlawful deprivation of liberty: 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 4.00 p.m. on 31/01/2021 to 01/02/2021, 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 decision: Moscow City Court, 16/02/2021,

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant on 01/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.

5,000

40494/21

30/07/2021

Yevgeniy Aleksandrovich PEREVEZENTSEV

1984

Shimovolos Sergey Mikhaylovich

Nizhniy Novgorod

Rally in support of Mr A. Navalnyy

Nizhniy Novgorod

31/01/2021

article 20.2 Â§ 5 of CAO

fine of RUB 10,000

Nizhniy Novgorod Regional Court

28/05/2021

Art. 5 (1) - unlawful deprivation of liberty: 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 1.05 p.m. to 7.00 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 - final decision: Nizhniy Novgorod Regional Court, 28/05/2021.

4,000

40939/21

24/07/2021

Maksim Mikhaylovich KORNIYENKO

2002

Bochilo Anna Yevgenyevna

Barnaul

Rally in support of Mr A. Navalnyy

Kursk

31/01/2021

article 20.2 Â§ 5 of CAO

fine of RUB 15,000

Kursk Regional Court

20/04/2021

Art. 5 (1) - unlawful deprivation of liberty: 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 1.00 p.m. to 6.00 p.m. on 31/01/2021; the applicantâ€™s deprivation of liberty was not recorded,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Kursk Regional Court, 20/04/2021.

4,000

41407/21

04/08/2021

Mikhail Sergeyevich PANKRATOV

1983

Pomazuyev Aleksandr Yevgenyevich

Vilnius

Rally in support of Mr A. Navalnyy

Volgograd

23/01/2021

Rally in support of Mr A. Navalnyy

Volgograd

31/01/2021

article 20.2 Â§ 5 of CAO

fine of RUB 10,000

Volgograd Regional Court

18/02/2021

Volgograd Regional Court

03/03/2021

Art. 5 (1) - unlawful deprivation of liberty: 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 3.00 p.m. on 23/01/2021 to 00.30 a.m. on 24/01/2021,

- from 12.15 a.m. to 8.30 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: Volgograd Regional Court, 18/02/2021 and 03/03/2021.

4,000

42744/21

07/08/2021

Yevgeniy Aleksandrovich MILYAKOV

1999

Rally in support of Mr A. Navalnyy

Moscow

31/01/2021

article 20.2 Â§ 6.1 of CAO

administrative detention of 8 days

Moscow City Court

17/06/2021

Art. 5 (1) - unlawful deprivation of liberty: 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 12.27 a.m. on 31/01/2021 to 11.30 a.m. 01/02/2021, 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 decision: Moscow City Court, 17/06/2021,

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

43251/21

18/08/2021

Kirill Alfredovich IMASHEV

1998

Commemorating the anniversary of the revolution

Perm

07/11/2020

Environmental rally (for a forest protection)

Perm

14/02/2021

Opposition rally

Perm

31/07/2021

article 20.2 Â§ 5 of CAO

article 20.2 Â§ 2 of CAO

article 20.2 Â§ 8 of CAO

fine of RUB 10,000

fine of RUB 20,000

administrative detention of 15 days

Perm Regional Court

02/03/2021

Perm Regional Court

30/04/2021

Perm Regional Court

05/08/2021

Art. 5 (1) - unlawful deprivation of liberty: 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 4.05 p.m. to 7.20 p.m. on 07/11/2020,

- from 11.15 a.m. on 26/09/2021 to 27/09/2021, hearing in the applicantâ€™s administrative-offence case,

- from 10.00 a.m. to 2.00 p.m. on 18/02/2021,

- from 2.20 p.m. to 6.00 p.m. on 31/07/2021,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions: Perm Regional Court, 02/03/2021, 30/04/2021 and 05/08/2021, Perm Regional Court,

Art. 10 (1) - conviction for making calls to participate in public events - calls on the internet on 10/02/2021 to participate in an unauthorised public rally for protection of a forest in the Perm Region; conviction under article 20.2 Â§ 2 of the CAO to a fine of RUB 20,000; final decision: Perm Regional Court, 30/04/2021,

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention (15 days) imposed on the applicant by the trial court for an administrative offence was executed immediately; on account of the lack of suspensive effect of an appeal under the CAO.

5,000

43835/21

10/08/2021

Ilya Konstantinovich YEFIMOV

2001

Yelanchik Oleg Aleksandrovich

Moscow

Rally in support of Mr A. Navalnyy

Moscow

02/02/2021

article 20.2 Â§ 6.1 of CAO

administrative detention of 15 days

Moscow City Court

10/02/2021

Art. 5 (1) - unlawful deprivation of liberty: 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 11.00 p.m. on 02/02/2021 to 6.00 p.m. on 03/02/2021, 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 decision: Moscow City Court, 10/02/2021.

5,000

44181/21

25/08/2021

Vsevolod Sergeyevich POPOV

1996

Pomazuyev Aleksandr Yevgenyevich

Vilnius

Rally in support of Mr A. Navalnyy

Tyumen

31/01/2021

article 20.2 Â§ 5 of CAO

fine of RUB 15,000

Tyumen Regional Court

15/03/2021

Art. 5 (1) - unlawful deprivation of liberty: 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 3.00 p.m. and 6.30 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, 15/03/2021.

4,000

45002/21

24/08/2021

Pavel Vladimirovich KOSULNIKOV

1981

Memorial Human Rights Centre

Moscow

Rally in support of Mr A. Navalnyy

Kazan

23/01/2021

article 20.2 Â§ 5 of CAO

fine of RUB 10,000

Supreme Court of Tatarstan

24/02/2021

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 2.00 p.m. on 23/01/2021 to 3.00 p.m. on 25/01/2021.

4,000

46947/21

14/09/2021

Alena Igorevna PERTSEVA

1999

Eysmont Mariya Olegovna

Moscow

Rally in support of Mr A. Navalnyy

Moscow

02/02/2021

article 20.2 Â§ 6.1 of CAO

administrative detention of 10 days

Moscow City Court

22/03/2021

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 11.30 p.m. on 02/02/2021 to 03/02/2021, 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 decision: Moscow City Court, 22/03/2021.

5,000

48161/21

15/09/2021

Aleksandr Yevgenyevich CHERNYKH

1985

Gamazov Alan Olegovich

Moscow

Rally support of journalist Ivan Safronov

Moscow

13/07/2020

article 20.2 Â§ 5 of CAO

fine of RUB 10,000

Moscow City Court

16/03/2021

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 on 2.50 p.m. to 06.10 p.m. on 13/07/2020,

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, 16/03/2021.

4,000

50257/21

23/09/2021

Yevgeniy Vyacheslavovich BELYAKOV

1993

Shindyapin Arkadiy Vitalyevich

Moscow

Rally in support of Mr A. Navalnyy

Moscow

31/01/2021

article 20.2 Â§ 5 of CAO

fine of RUB 15,000

Moscow City Court

17/05/2021

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 2.30 p.m. on 31/01/2021 to an unspecified time on 01/02/2021,

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, 17/05/2021.

4,000

50278/21

24/09/2021

Yuliya Andreyevna SAVELYEVA

1999

Mezak Ernest Aleksandrovich

Saint-BarthÃ©lemy-dâ€™Anjou

Rally in support of Mr A. Navalnyy

Petrozavodsk

21/04/2021

article 20.2 Â§ 8 of CAO

administrative detention of 10 days

Supreme Court of the Karelia Republic

01/05/2021

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 10.00 a.m. to 2.15 p.m. on 01/02/2021, 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: Supreme Court of the Karelia Republic, 24/03/2021 and 01/05/2021,

Art. 10 (1) - conviction for making calls to participate in public events - Conviction under article 20.2 Â§ 2 of the CAO for calls to participate in unauthorised manifestation in support of Navalnyy on 31/01/2021 in Petrozavodsk to 5 days of administrative detention. Final decision: Supreme Court of the Karelia Republic, 24/03/2021,

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

5,000

50293/21

29/09/2021

Bogdan Aleksandrovich BUBNOV

1999

Valenkov Andrey Olegovich

Nizhniy Novgorod

Rally in support of Mr A. Navalnyy

Nizhniy Novgorod

23/01/2021

Rally against war in Ukraine

Nizhniy Novgorod

24/02/2022

article 20.2 Â§ 2 of CAO

article 20.2 Â§ 6.1 of CAO

administrative detention of 2 days

administrative detention of 5 days

Nizhniy Novgorod Regional Court

31/03/2021

Nizhniy Novgorod Regional Court

02/03/2022

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 11.30 a.m. on 31/01/2021 to 1.00 p.m. on 02/02/2021;

- from 7.45 p.m. on 24/02/2022 to 6.00 p.m. on 25/02/2022;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions: Nizhniy Novgorod Regional Court, 31/03/2021 and 02/03/2022.

5,000

51896/21

24/09/2021

Dmitriy Aleksandrovich LYUTOYEV

1984

Mezak Ernest Aleksandrovich

Saint-BarthÃ©lemy-dâ€™Anjou

Rally in support of Mr A. Navalnyy

Syktyvkar

23/01/2021

Rally in support of Mr A. Navalnyy

Syktyvkar

31/01/2021

article 20.2 Â§ 5 of CAO

article 19.3 Â§ 1 of CAO,

article 20.2 Â§ 5 of CAO

fine of RUB 10,000

administrative detention of 4 days and fine of RUB 10,000

Supreme Court of the Komi Republic

23/06/2021

Supreme Court of the Komi Republic, 24/03/2021 and

16/06/2021

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 12.05 a.m. on 31/01/2021 to 11.00 a.m. on 01/02/2021,

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 Komi Republic, 24/03/2021, 16/06/2021 and 23/06/2021,

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant on 01/02/2021 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 participation in the same public event on 31/01/2021: under article 19.3 Â§ 1 (administrative detention), and under article 20.2 Â§ 5 of the CAO (fine).

5,000

51994/21

08/10/2021

Aleksandr Borisovich POCHINSKIY

1987

Memorial Human Rights Centre

Moscow

Rally in support of Mr A. Navalnyy

Moscow

02/02/2021

article 20.2 Â§ 5 of CAO

fine of RUB 20,000

Moscow City Court

11/05/2021

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 11/05/2021.

3,500

51995/21

08/10/2021

Dmitriy Nikolayevich SEMIN

1996

Memorial Human Rights Centre

Moscow

Rally in support of Mr A. Navalnyy

Moscow

02/02/2021

article 20.2 Â§ 5 of CAO

fine of RUB 15,000

Moscow City Court

11/05/2021

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 9.30 a.m. to 2.20 p.m. on 02/02/2021

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, 11/05/2021

4,000

52824/21

22/10/2021

Alla Vladimirovna KUZNETSOVA

1967

Zhdanov Ivan Yuryevich

Vilnius

Rally in support of Mr A. Navalnyy

Ulan-Ude, Buryatia Republic

31/01/2021

article 20.2 Â§ 5 of CAO

fine of RUB 15,000

Supreme Court of the Buryatia Republic

29/04/2021

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Supreme Court of the Buryatia Republic, 29/04/2021.

3,500

53232/21

05/10/2021

Zhanna Vladimirovna GALEYEVA

1996

Tseytlina Olga Pavlovna

St Petersburg

Rally in support of Belarus citizens

St Petersburg

27/01/2021

Rally in support of Belarus citizens

St Petersburg

24/01/2021

article 20.2 Â§ 2 of CAO

administrative detention of 1 day

administrative detention of 5 days

St Petersburg City Court

27/05/2021

St Petersburg City Court

06/04/2021

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 9.40 a.m. on 23/03/2021 to 25/03/2021, hearing in the applicantâ€™s administrative-offence case,

- from 9.40 a.m. on 28/03/2021 to 11.00 a.m. on 29/03/2021;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions: St Petersburg City Court, 06/04/2021 and 27/05/2021;

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

5,000

53293/21

07/10/2021

Anton Sergeyevich REUTOV

1990

Usanova Olimpiada Valentinovna

Nizhniy Novgorod

Rally in support of Mr A. Navalnyy

Nizhniy Novgorod

31/01/2021

article 20.2 Â§ 6.1 of CAO

fine of RUB 10,000

Nizhniy Novgorod Regional Court

07/04/2021

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 1.00 p.m. on 31/01/2021 (the applicant spent two hours in the police van) to 4.15 p.m. on 01/02/2021, 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 decision: Nizhniy Novgorod Regional Court, 07/04/2021.

4,000

53485/21

07/10/2021

Aleksey Igorevich BORISOV

2002

Usanova Olimpiada Valentinovna

Nizhniy Novgorod

Rally in support of Mr A. Navalnyy

Nizhniy Novgorod

31/01/2021

article 20.2 Â§ 5 of CAO

fine of RUB 10,000

Nizhniy Novgorod Regional Court

07/04/2021

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 1.15 p.m. on 31/01/2021 to 5.00 p.m. on 01/02/2021

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Nizhniy Novgorod Regional Court, 07/04/2021

4,000

53491/21

07/10/2021

Ivan Vasilyevich SOKOLOVSKIY

1997

Usanova Olimpiada Valentinovna

Nizhniy Novgorod

Rally in support of Mr A. Navalnyy

Nizhniy Novgorod

31/01/2021

article 20.2 Â§ 6.1 of CAO

fine of RUB 10,000

Nizhniy Novgorod Regional Court

07/04/2021

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 12.50 a.m. on 31/01/2021 (the applicant spent more than 3 hours in the police van) to 3.00 p.m. on 01/02/2021, 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 decision: Nizhniy Novgorod Regional Court, 07/04/2021

4,000

61701/21

10/12/2021

Sergey Petrovich KUKHTIN

1971

Memorial Human Rights Centre

Moscow

Rally in support of Mr A. Navalnyy

Moscow

31/01/2021

Rally against the war in Ukraine

Moscow

06/03/2022

article 20.2 Â§ 5 of CAO

article 20.2 Â§ 8 of CAO

fine of RUB 10,000

administrative detention of 15 days

Moscow City Court

25/08/2021

Moscow City Court

19/08/2022

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 1.15 p.m. to 11.58 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, 25/08/2021 and 19/08/2022;

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 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 NURUSHEV AND OTHERS v. RUSSIA

CASE OF NURUSHEV AND OTHERS v. RUSSIA

LEXI