Lexploria

FOURTH SECTION

CASE OF DMITRIYEVA AND OTHERS v. RUSSIA

(Applications nos. 4604/17 and 38 others â€“

see appended list)

JUDGMENT

STRASBOURG

15 February 2024

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

In the case of Dmitriyeva and Others v. Russia,

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

Branko Lubarda , President , Armen Harutyunyan, Ana Maria Guerra Martins , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 25 January 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. Some applicants 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 the 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, Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, Â§ 35, 2 July 2019, and Timishev v. Russia [Committee], no. 47598/08, Â§ 21, 28 November 2017 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); 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; 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 concerning the right of the organisers or participants of public assemblies not to be tried and punished twice for the same offence.

14. In view of the above findings, the Court considers that there is no need to deal separately with the remainder of the applicantsâ€™ complaints under Article 6 of the Convention concerning alleged restrictions on the right to examine witnesses.

15. Mr Gumerbayev (application no. 3864/18) alleged a violation of his rights set out in Articles 6 and 11 of the Convention in connection with his participation in a public assembly on 14 May 2017 and ensuing administrative proceedings. Mr Shuvatov (application no. 21312/21) complained under Article 6 of the Convention about the lack of impartiality of domestic courts. The Court has examined the complaints and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto. It follows that this part of applications nos. 3864/18 and 21312/21 must be rejected in accordance with Article 35 Â§ 4 of the Convention.

16. 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 15 February 2024, pursuant to Rule 77 Â§Â§ 2 and 3 of the Rules of Court.

Viktoriya Maradudina Branko Lubarda 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 charges

Penalty

Final domestic decision

Court Name

Date

Other complaints under well-established case-law

Amount awarded for pecuniary and non-pecuniary damage per applicant

(in euros) [1]

4604/17

04/01/2017

Mariya Borisovna DMITRIYEVA

1961

Manifestation in support of N. Savchenko

Moscow

08/03/2016

article 20.2 Â§ 5 of CAO

article 19.3 Â§ 1 of CAO

fine of RUB 10,000

fine of RUB 1,000

Moscow City Court

08/07/2016

Moscow City Court

28/07/2016

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was convicted under Art. 20.2 Â§ 5 of CAO by the final decision adopted by Moscow City Court on 08/07/2016 and under Art. 19.3 Â§ 1 of CAO by final decision of Moscow City Court on 28/07/2016 concerning the same event on 08/03/2016. The applicant complains about being punished twice for the same offence

3,500

8385/17

14/01/2017

Lyudmila Andreyevna PUDRIK

1955

Manifestation in support of N. Savchenko

Moscow

08/03/2016

article 20.2 Â§ 5 of CAO,

article 19.3 Â§ 1 of CAO

fine of RUB 10,000;

fine of RUB 500

Moscow City Court

20/07/2016 (both decisions on the same day)

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - convicted twice for the same public event (under Articles 20.2 Â§ 5 and 19.3 Â§ 1 of the Code of Administrative Offences)

3,500

12156/17

30/01/2017

Aleksandr Vladimirovich EYSMAN

1974

Public gathering dedicated to the Constitution Day

Moscow

12/12/2015

Public gathering

Moscow

30/05/2018

article 20.2 Â§ 5 of CAO

fine of RUB 10,000

Moscow City Court

02/08/2016

Moscow City Court

04/10/2018

Art. 5 (1) - unlawful deprivation of liberty - administrative arrest and detention on 30/05/2018 - 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 (Art. 27.2 Â§ 1 CAO) and achieve the objectives set out in Art. 27.1 CAO e.g. to establish the suspectâ€™s identity, raised in administrative proceedings;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings â€“ three sets of the administrative offence proceedings which ended with the final decisions on 02/08/2016, 04/10/2018, 16/01/2017, by the Moscow City Court;

Art. 10 (1) - disproportionate measures against solo demonstrators â€“ on 08/03/2016, Moscow, Manezhnaya square, a solo demonstration next to the Zhukov monument with a banner relating to Savchenko; article 20.2 Â§ 5 of CAO, administrative fine of RUB 15,000; conviction by the final decision of the Moscow City Court on 16/01/2017; rotation - event classified as assembly post facto, ban on public events next to the Residence of the President of the Russian Federation (Zhukov monument on Manezhnaya square)

4,000

37727/17

06/05/2017

Yelena Yuryevna STARSHININA

1977

Zboroshenko Nikolay Sergeyevich

Mytishchi

Hunger strike in support of housing rights near the United Russiaâ€™s headquarters

Moscow

01/07/2016

Hunger strike in support of housing rights near the United Russiaâ€™s headquarters

Moscow

01/07/2016

Hunger strike in support of housing rights near the United Russiaâ€™s headquarters

Moscow

02/07/2016

article 20.2 Â§ 5 of CAO

fine of RUB 10,000

Moscow City Court

22/05/2017

Moscow City Court

16/11/2016

Moscow City Court

22/05/2017

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - absence of the prosecutor in three sets of the proceedings which ended with the final decisions on 16/11/2016 and 22/05/2017, Moscow City Court

4,000

2748/18

15/12/2017

Aleksandr Dmitriyevich TURBIN

1992

Anti-corruption Manifestation

St Petersburg

12/06/2017

Anti-corruption Manifestation

St Petersburg

12/06/2017

article 19.3 Â§ 1 of CAO

article 20.2 Â§ 5 of CAO

arrest of 5 days

fine of RUB 10,000

St Petersburg City Court

16/06/2017

St Petersburg City Court

30/06/2017

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - the complaint is raised in respect of both sets of the proceedings against the applicant which ended on 16/06/2017 and 30/06/2017.

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - final decisions on 16/06/2017, by the St Petersburg City Court, Art. 19.3 Â§ 1 CAO; and on 30/06/2017, by the St Petersburg City Court, Art. 20.2 Â§ 5 CAO; overlap of the facts constituting the basis for the applicantâ€™s prosecution in the second set of proceedings with substantially the same facts underlying her conviction in the first set of proceedings.

5,000

3212/18

29/12/2017

Anatoliy Viktorovich ZVEREV

1993

Smorodina Polina Romanovna

St Peterburg

Anti-corruption manifestation

St Petersburg

12/06/2017

article 19.3 Â§ 1 of CAO,

article 20.2 Â§ 5 of CAO

fine of RUB 15,000

fine of RUB 1,000

St Petersburg City Court

03/07/2017

(both decisions issued on the same day)

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention at the police station from 12/06/2017 to 13/06/2017 â€“ the applicant was taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable on the spot to compile the offence record (Art. 27.2 Â§ 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspectâ€™s identity; Detention as an administrative suspect: the applicant remained in detention after the offence record had been compiled. The applicant raised the relevant complaint in the course of the administrative proceedings;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings;

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - final decisions on 03/07/2017, by the St Petersburg City Court, Art. 19.3 Â§ 1 CAO and Art. 20.2 Â§ 5 CAO; overlap of the facts constituting the basis for the applicantâ€™s prosecution in the second set of proceedings with substantially the same facts underlying her conviction in the first set of proceedings.

4,000

3439/18

25/12/2017

Nikolay Nikolayevich MANKO

1967

Zboroshenko Nikolay Sergeyevich

Mytishchi

Truck Driversâ€™ Manifestation

Khimki, Moscow Region

21/05/2017

article 19.3 Â§ 1 of CAO,

article 20.2 Â§ 5 of CAO

fine of RUB 500

fine of RUB 10,000

Moscow Regional Court

06/07/2017 (both decisions on the same day)

Art. 5 (1) - unlawful detention - arrest and detention on 21/05/2017 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence. The applicant raises the complaint in the course of the administrative proceedings against him;

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - decisions on 06/07/2017, by the Moscow City Court, Art. 19.3 Â§ 1 CAO and Art. 20.2 Â§ 5 CAO; overlap of the facts constituting the basis for the applicantâ€™s prosecution in the second set of proceedings with substantially the same facts underlying her conviction in the first set of proceedings,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings

4,000

3641/18

18/12/2017

Pavel Vladimirovich SHALAGIN

1985

Yesipova Alina Vladimirovna

St Petersburg

Anti-corruption Manifestation

St Petersburg

12/06/2017

article 20.2 Â§ 5 of CAO,

article 19.3 Â§ 1 of CAO

fine of RUB 11,000

St Petersburg City Court

29/06/2017

(both decisions on the same day)

Art. 5 (1) - unlawful deprivation of liberty - arrest and escort to the police station on 12/06/2017-13/06/2017 in excess of 3 hours for the sole purpose of drawing a record of administrative offence; unrecorded detention until escort to the court on 14/06/2017. The applicant raised the complaint in the course of the administrative proceedings against him;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - final decision in both sets of proceedings - 29/06/2017, St Petersburg City Court; Art. 19.3 Â§ 1 CAO and Art. 20.2 Â§ 5 CAO; overlap of the facts constituting the basis for the applicantâ€™s prosecution in the second set of proceedings with substantially the same facts underlying her conviction in the first set of proceedings.

4,000

3864/18

26/12/2017

Iskander Rafailevich GUMERBAYEV

1991

Anti-corruption Manifestation

Kazan

14/05/2017

article 20.2 Â§ 5 of CAO

community service of 35 hours

Supreme Court of Tatarstan Republic

21/06/2017 (sent by the Supreme Court to the applicant on 26/06/2017)

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party

4,000

5252/18

02/01/2018

Anastasiya Vyacheslavovna KOVROVA

1987

Yesipova Alina Vladimirovna

St Petersburg

Anti-Corruption Manifestation

St Petersburg

12/06/2017

article 19.3 Â§ 1 of CAO,

article 20.2 Â§ 5 of CAO

fine of RUB 15,000

fine of RUB 600

St Petersburg City Court

03/07/2017 (both decisions on the same day)

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention at the police station from 12/06/2017 to 13/06/2017 - (1) 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 (Art. 27.2 Â§ 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspectâ€™s;

(2) 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 both sets of the administrative-offence proceedings

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - decisions on 03/07/2017, by the St Petersburg City Court, Art. 19.3 Â§ 1 CAO and Art. 20.2 Â§ 5 CAO; overlap of the facts constituting the basis for the applicantâ€™s prosecution in the second set of proceedings with substantially the same facts underlying her conviction in the first set of proceedings

4,000

7616/18

10/01/2018

Aleksey Mikhaylovich IVANOV

1990

Zhdanov Ivan Yuryevich

Vilnius

Opposition rally

St Petersburg

12/06/2017

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

fine of RUB 10,000 fine of RUB 1,000

St Petersburg City Court

11/07/2017 (both decisions on the same day)

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was punished twice for essentially the same action under article 20.2 Â§ 5 of CAO, article 19.3 Â§ 1 of CAO;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative â€‘ offence proceedings

3,500

13129/18

22/02/2018

Igor Nikolayevich FINKOVSKIY

1964

Yatsenko Irina Aleksandrovna

Moscow

Truck Driversâ€™ Manifestation

Khimki, Moscow Region

21/05/2017

article 20.2 Â§ 5 of CAO

fine of RUB 10,000

Moscow Regional Court

22/08/2017

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - decisions on 22/08/2017, by the St Petersburg City Court and on 16/08/2017 by the St Peterburg City Court, Art. 19.3 Â§ 1 CAO and Art. 20.2 Â§ 5 CAO; overlap of the facts constituting the basis for the applicantâ€™s prosecution in the second set of proceedings with substantially the same facts underlying her conviction in the first set of proceedings,

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 21 â€‘ 22/05/2017 in excess of 3 hours (arrested on 21/05/2017 at 2 p.m., released on 23/05/2017); raised on appeal

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings â€“ final decision on 22/08/2017

4,000

19607/18

30/03/2018

Rafail Viktorovich SHEPELEV

1970

March of the "Artpodgotovka" movement

Ekaterinburg

23/07/2017

article 20.2 Â§ 5 of CAO

fine of RUB 10,000

Sverdlovsk Regional Court

21/11/2017

Art. 6 (1) - lack of impartiality of tribunal - lack of the prosecuting party in the administrative proceedings

3,500

21716/18

25/04/2018

Polina Pavlovna MIKHAYLOVA

1999

Manifestation in support of A. Navalnyy

St Petersburg

08/10/2017

article 19.3 Â§ 1 of CAO,

article 20.2 Â§ 5 of CAO

detention for 5 days

and

fine of RUB 10,000

St Petersburg City Court

25/10/2017 (both decisions on the same day)

Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings decisions on 25/10/2017, St Petersburg City Court, Art. 19.3 Â§ 1 CAO and Art. 20.2 Â§ 5 CAO; overlap of the facts constituting the basis for the applicantâ€™s prosecution in the second set of proceedings with substantially the same facts underlying her conviction in the first set of proceedings,

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 08/10/2017 in excess of 3 hours for the sole purpose of drawing up a record of an administrative offence (arrested at 10.20 p.m. and detained till the court hearing on 09/10/2017); raised on appeal;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings

5,000

24932/18

15/05/2018

Margarita Yuryevna ZAYTSEVA

1970

Zhdanov Ivan Yuryevich

Vilnius

Manifestation in support of A. Navalnyy

Tambov

29/10/2017

article 20.2 Â§ 2 of CAO

arrest for 5 days

Tambov Regional Court

15/11/2017

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

5,000

26002/18

18/05/2018

(3 applicants)

Mikhail Mikhaylovich SEMENOV

1969

Artur Magsumovich ABASHEV

1986

Georgiy Olegovich USPENSKIY

1999

Zboroshenko Nikolay Sergeyevich

Mytishchi

1 applicant: Manifestation in support of A. Navalnyy

Kirov

07/10/2017

2 applicant: Manifestation in support of A. Navalnyy

Kirov

07/10/2017

3 applicant: Meeting "Voters Strike"

Kirov

28/01/2018

1 applicant: Manifestation against the war in Ukraine

Kirov

30/03/2022

article 20.2 Â§ 2 of CAO

article 20.2 Â§ 8 of CAO

detention of five days

fine of RUB 20,000

the fine was lifted on appeal

Kirov Regional Court

24/11/2017

Kirov Regional Court

27/02/2018

Kirov Regional Court

06/03/2018

Kirov Regional Court

23/08/2022

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - the first applicant complained of the absence of a prosecuting party in the admin. proceedings in 2022

5,000,

to each of the applicants

35361/18

16/07/2018

Aleksandr Sergeyevich VESELOV

1984

Russian March

Moscow

04/11/2017

article 20.2 Â§ 5 of CAO

fine of RUB 15,000

Moscow City Court

14/03/2018

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 04/11/2017 - Detention as an administrative suspect: no evidence/assessment of â€œexceptional circumstancesâ€ under Art. 27.3 Â§ 1 CAO; raised in the course of administrative proceedings

4,000

40027/18

11/08/2018

Yuliya Aleksandrovna FEDOSEYEVA

1978

Spontaneous meeting against local waste site

Klin, Moscow Region

13/10/2017

Article 20.2 Â§ 6.1 of CAO

fine of RUB 10,000

Moscow Regional Court

15/02/2018

3,500

41676/18

14/08/2018

Dmitriy Vasilyevich DUBROVIN

1997

Zhdanov Ivan Yuryevich

Vilnius

"Votersâ€™ Strike"

Volgograd

28/01/2018

Article 20.2 Â§ 5 of CAO

fine of RUB 10,000

Volgograd Regional Court

21/02/2018

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded - arrest and detention on 28/01/2018 - 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 (Art. 27.2 Â§ 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspectâ€™s identity; raised on appeal;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

4,000

42411/18

24/08/2018

Dmitriy Mikhaylovich TEPLYAKOV

1987

Anti-corruption manifestation

Moscow

04/11/2017

article 20.2 Â§ 5 of CAO

fine of RUB 15,000

Moscow City Court

28/02/2018

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

3,500

42842/18

22/08/2018

Artem Yevgenyevich YEVDOKIMOV

1991

Zhdanov Ivan Yuryevich

Vilnius

Distribution of political leaflets

Cherepovets

04/11/2017

article 20.2 Â§ 5 of CAO

fine of RUB 10,000

Vologda Regional Court

27/02/2018

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

3,500

47334/18

20/09/2018

Tatyana Sergeyevna SERGEYEVA

1972

Yatsenko Irina Aleksandrovna

Moscow

Manifestation of the foreign currency mortgage borrowers in front of the Central Bank of the Russian Federation

Moscow

28/11/2017

article 20.2 Â§ 5 of CAO

fine of RUB 10,000

Moscow City Court

20/03/2018

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

3,500

29407/19

20/05/2019

Mikhail Igorevich SHALASHNYY

1998

"Endless protest" activistsâ€™ meeting

Moscow

10/09/2018

article 20.2 Â§ 5 of CAO

fine of RUB 10,000

Moscow City Court

22/11/2018

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

3,500

35192/19

16/06/2019

Yuriy Sergeyevich KURLYKOV

1999

Zubarev Dmitriy Vladimirovich

Vladivostok

Manifestation against the pension reform

Vladivostok

15/09/2018

article 20.2 Â§ 5 of CAO

fine of RUB 10,000

Primorye Regional Court

17/12/2018

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

3,500

38762/19

07/07/2019

Aydar Albertovich ISLAMOV

1996

Tomilov Nikita Sergeyevich

BERLIN

Protest against construction of an orthodox church in a park

Yekaterinburg

14/05/2019

article 20.1 Â§ 2 of CAO

5 daysâ€™ arrest

Sverdlovsk Regional Court

18/05/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 14/05/2019 - 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 (Art. 27.2 Â§ 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspectâ€™s identity;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

5,000

45161/19

17/08/2019

Aleksandr Alekseyevich ABRAMOV

1997

Manifestation against the pension reform

Penza

09/08/2018

article 20.2 Â§ 6.1 of CAO

fine of RUB 10,000

Penza Regional Court

14/03/2019

3,500

54061/19

27/09/2019

Valeriy Aleksandrovich SHPYAKIN

1994

Manifestation against the construction of the landfill at Sheis

Arkhangelsk

07/04/2019

article 20.2 Â§ 5 of CAO

fine of RUB 12,000

Arkhangelsk Regional Court

23/07/2019

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

3,500

57851/19

18/10/2019

Aleksey Aleksandrovich CHISLOV

1987

Zadorkin Anton Vyacheslavovich

Yekarerinburg

Manifestation against construction of an orthodox church

Oktyabrskaya Square 2, Yekaterinburg

16/05/2019

article 20.2 Â§ 5 of CAO

fine of RUB 10,000

Sverdlovsk Regional Court

28/08/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest on 16/05/2019 - 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. 27.2 Â§ 3 CAO);

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

4,000

4332/20

28/12/2019

Yan Patvakanovich YEGIAZARYAN

1977

Tiunov Sergey Yuryevich

Yekaterinburg

Manifestation against the regional authorities

Yekaterinburg

07/07/2019

article 20.2 Â§ 5 of CAO

fine of RUB 10,000

Sverdlovsk Regional Court

11/09/2019

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

3,500

4445/20

28/12/2019

Galina Vasilyevna KOROLEVA

1952

Tiunov Sergey Yuryevich

Yekaterinburg

Manifestation against the regional authorities

Yekaterinburg

07/07/2019

article 20.2 Â§ 5 of CAO

fine of RUB 10,000

Sverdlovsk Regional Court

02/10/2019

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

3,500

9115/20

24/01/2020

Igor Vladimirovich SAFONOV

1991

Timakova Kristina Igorevna

Moscow

Protest against demolition of the "Solovey" cinema

Moscow

23/11/2018

article 20.2 Â§ 8 of CAO

fine of RUB 100,000

Moscow City Court

24/07/2019

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

3,500

1651/21

05/12/2020

Sofya Vladimirovna DURNOVA

2001

Sirosh Fedor Yevgenyevich

Moscow

Dopuskai Manifestation for free elections

Moscow

03/08/2019

article 20.2 Â§ 5 of CAO

fine of RUB 10,000

Moscow City Court

10/06/2020

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 03/08/2019 - 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 (Art. 27.2 Â§ 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspectâ€™s identity

4,000

10270/21

18/01/2021

Tatyana Valeryevna NAMAZBAYEVA

1989

Zubarev Dmitriy Vladimirovich

Vladivostok

Manifestation in support of Furgal

Vladivostok

25/07/2020

Manifestation in support of Furgal

Vladivostok

01/08/2020

article 20.2 Â§ 5 of CAO

fine of RUB 10,000

fine of

RUB 10,000

Primorye Regional Court

05/10/2020

Primorye Regional Court

13/10/2020

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 01/08/2020 and on 15/08/2020 - 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 (Art. 27.2 Â§ 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspectâ€™s identity;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings

4,000

10419/21

18/01/2021

Larisa Vasilyeva ALEKSEYEVA

1946

Zubarev Dmitriy Vladimirovich

Vladivostok

Manifestation in support of Furgal

Vladivostok, Svetlanskaya street

01/08/2020

article 20.2 Â§ 5 of CAO

fine of RUB 10,000

Primorye Regional Court

16/11/2020

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - absence of a prosecuting party in both sets of administrative proceedings which ended on 02/11/2020 and 16/11/2020 respectively;

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention at a police station on 15/08/2020 - 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 (Art. 27.2 Â§ 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspectâ€™s identity; raised on appeal;

Art. 10 (1) - disproportionate measures against solo demonstrators - solo picket against unfair elections on 15/08/2020 in Vladivostok, the applicant convicted under article 20.2 Â§ 5 of CAO, administrative fine of RUB 10,000. Upheld on appeal â€“ by the Primorye Regional Court, 02/11/2020.

4,000

20304/21

14/03/2021

Valentina Anatolyevna DYUMINA

1989

Vasin Vladimir Valeryevich

Krasnoyarsk

Manifestation in support of S. Furgal

Krasnoyarsk

01/08/2020

Manifestation in support of S. Furgal

Krasnoyarsk

08/08/2020

article 20.2 Â§ 5 of CAO

article 20.2 Â§ 2 of CAO

fine of RUB 12,000

fine of RUB 20,000

Krasnoyarsk Regional Court

29/10/2020

Krasnoyarsk Regional Court

24/09/2020

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 08/08/2020 - 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 (Art. 27.2 Â§ 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspectâ€™s identity

4,000

20783/21

22/03/2021

Andrey Yuryevich MYAKOTIN

1974

Zubarev Dmitriy Vladimirovich

Vladivostok

Manifestation in support of S. Furgal

Vladivostok

18/07/2020

Manifestation in support of S. Furgal

Vladivostok

25/07/2020

Manifestation in support of S. Furgal

Vladivostok

08/08/2020

Manifestation in support of Mr. Navalnyy

Vladivostok

31/01/2021

article 20.2 Â§ 5 of CAO

article 20.2 Â§ 8 of CAO

20 hours of compulsory work

40 hours of compulsory work

Primorye Regional Court

26/10/2020

Primorye Regional Court

02/11/2020

Primorye Regional Court

27/10/2020

Primorye Regional Court

13/04/2021

Art. 5 (1) - unlawful deprivation of liberty - Arrest and detention at the police station on 15/08/2020 and 31/01/2021 - 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 (Art. 27.2 Â§ 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspectâ€™s identity. The complaint was raised on appeal in the course of the administrative proceedings.

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - administrative proceedings relating to the applicantâ€™s participation in the manifestation on 31/01/2021

5,000

21312/21

02/04/2021

Aleksey Nikolayevich SHUVATOV

1992

Sidelnikova Polina Aleksandrovna

Vladivostok

Manifestation in support of protests in Khabarovsk

Vladivostok

19/07/2020

Manifestation in support of protests in Khabarovsk

Vladivostok

25/07/2020

article 20.2 Â§ 5 of CAO

fine of RUB 10,000

Primorye Regional Court

09/11/2020

Primorye Regional Court

09/11/2020

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 22/08/2020 in excess of 3 hours for the sole purpose of drawing a record of administrative offence

4,000

21509/21

22/03/2021

Aleksey Vladimirovich BARICH

1993

Manifestation in support of protests in Khabarovsk

St Petersburg

01/08/2020

Manifestation in support of A. Navalnyy ("Otpuskay")

St Petersburg

23/01/2021

article 20.2 Â§ 2 of CAO

article 20.2 Â§ 8 of CAO

7 daysâ€™ detention

15 daysâ€™ detention

St Petersburg City Court

24/09/2020

St Petersburg City Court

04/03/2021

Art. 5 (1) - unlawful deprivation of liberty - arrest and overnight detention on 31/01-02/02/2021 - (1) 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 (Art. 27.2 Â§ 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspectâ€™s identity; (2) 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 - concerning both public events and respective proceedings;

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - immediate execution of administrative detention (in respect of the event of 23/01/2021)

6,000

23147/21

09/04/2021

Yevgeniy Olegovich RUDENKO

1996

Sidelnikova Polina Aleksandrovna

Vladivostok

Manifestation in support of S. Furgal

Vladivostok

18/07/2020

Manifestation in support of S. Furgal

Vladivostok

19/07/2020

article 20.2 Â§ 5 of CAO

fine of RUB 10,000

Primorye Regional Court

24/11/2020

Primorye Regional Court

24/11/2020

Art. 5 (1) - unlawful deprivation of liberty - on 26/08/2020 the applicant was arrested at his office in relation to his participation in two manifestations, more than one month after the events in question - 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 (Art. 27.2 Â§ 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspectâ€™s identity; raised in the domestic proceedings

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative offence proceedings

4,000

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

Menu

CASE OF DMITRIYEVA AND OTHERS v. RUSSIA

CASE OF DMITRIYEVA AND OTHERS v. RUSSIA

LEXI