I correctly predicted that there was a violation of human rights in MOLCHANOV v. RUSSIA and 27 other applications.

Information

• Judgment date: 2024-01-18
• Communication date: 2023-06-01
• Application number(s): 43487/21
• Country:   RUS
• Relevant ECHR article(s): 5, 5-1, 6, 6-1, 11, 11-2, P7-2
• Conclusion:
  Violation of Article 11 - Freedom of assembly and association (Article 11-1 - Freedom of peaceful assembly)
  Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention)
  Violation of Article 6 - Right to a fair trial (Article 6 - Administrative proceedings
  Article 6-1 - Impartial tribunal)
  Violation of Article 2 of Protocol No. 7 - Right of appeal in criminal matters (Article 2 of Protocol No. 7 - Review of sentence)
• Result: Violation
SEE FINAL JUDGMENT

JURI Prediction

• Probability: 0.741982
• Prediction: Violation

• Consistent

Communication text used for prediction

Published on 26 June 2023 (see list appended) PROCEDURAL INFORMATION Following a preliminary examination of the admissibility of the applications on 1 June 2023, the Court decided, under Rule 54 § 2 (b) of the Rules of Court, that notice of the applications should be given to the Government of Russia.
In the applications marked by an asterisk, other complaints were raised.
This part of the applications has been struck out of the Court’s list of cases or declared inadmissible by the Court, sitting in a single-judge formation, assisted by a rapporteur as provided for in Article 24 § 2 of the Convention.
In the enclosed list of applications, whenever an applicant is referred to using initials, this indicates that the Court has authorised anonymity for that person, whose identity will not be disclosed to the public (Rule 47 § 4).
For further information on the procedure following communication of an application brought against Russia, subject of well-established case law of the Court, please refer to the Court’s website.
SUBJECT MATTER The applications concern complaints raised under Article 11 of the Convention relating to disproportionate measures against organisers and participants of public assemblies which are the subject of well-established case law of the Court (see Frumkin v. Russia, no.
74568/12, ECHR 2016 (extracts), Navalnyy and Yashin v. Russia, no.
76204/11, 4 December 2014 and Kasparov and Others v. Russia, no.
21613/07, 3 October 2013).
APPENDIX – List of applications raising complaints under Article 11 of the Convention(disproportionate measures against organisers and participants of public assemblies) No.
Application no.
Date of introduction Applicant’s name Year of birth Representative’s name and location Name of the public event Location Date Administrative charges Penalty Final domestic decision Court Name Date Other complaints under well-established case-law 43487/21* 11/08/2021 Pavel Valeryevich MOLCHANOV 1976 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 31/01/2021 Article 20.2 § 6.1 of CAO detention for 10 days Moscow City Court 12/02/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.30 p.m. on 31/01/2021 until 5.30 p.m. on 02/02/2021[1]; Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings[2]; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based[3]; Prot.
7 Art.
2 - right of appeal against criminal conviction / sentence - 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[4].
43490/21* 11/08/2021 Vladimir Vladimirovich ORLOV 1995 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” St Petersburg 31/01/2021 Article 20.2.2 § 1 of CAO detention for 12 days St Petersburg City Court 11/02/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.27 p.m. on 31/01/2021 until 12.20 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; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based; 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.
49077/21* 28/09/2021 Olga Aleksandrovna VAREGINA 1986 Memorial Human Rights Centre Moscow Rally "Free Navalnyy" Pyatigorsk 31/01/2021 Article 20.2.2 § 1 of CAO detention for 1 day Stavropol Regional Court 31/03/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.20 p.m. on 31/01/2021 to 4.30 p.m. on 01/02/2021.
49082/21* 28/09/2021 Yuriy Nikolayevich TSEPIN 1969 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Pskov 23/01/2021 Article 20.2 § 5 of CAO fine of RUB 20,000 Pskov Regional Court 05/04/2021 Art.
5 (1) - unlawful detention - escorting to the police station on 23/01/2021 for compiling an offence report; Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based.
49108/21* 28/09/2021 Yelena Vladimirovna LUSHINA 1993 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 23/01/2021 Article 20.2 § 6.1 of CAO fine of RUB 10,000 Moscow City Court 30/03/2021 Art.
5 (1) - unlawful detention - escorting to the police station on 23/01/2021 for compiling an offence report; Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based; Art.
6 (1) - lack of fair hearing - the applicant’s absence from the first-instance court hearing.
49184/21* 30/09/2021 Mikhail Gennadyevich YEGOROCHKIN 2000 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 31/01/2021 Article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 02/04/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 5.10 p.m. on 31/01/2021 until 3.40 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; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based.
49193/21 30/09/2021 Yekaterina Aleksandrovna VELIKAYA 1987 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Penza 23/01/2021 Article 20.2 § 6.1 of CAO fine of RUB 12,000 Penza Regional Court 01/04/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 8.10 a.m. on 23/01/2021 until 1.30 p.m. on 23/01/2021; Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based.
49203/21* 30/09/2021 Aleksandr Ivanovich SVITLIK 1991 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 23/01/2021 Article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 16/04/2021 Art.
5 (1) - unlawful detention - escorting to the police station on 23/01/2021 for compiling an offence report; Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based.
49205/21 28/09/2021 Nikita Ruslanovich MIKHONIN 1997 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 31/01/2021 Article 20.2 § 6.1 of CAO fine of RUB 10,000 Moscow City Court 20/04/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.30 p.m. on 31/01/2021 until 2.30 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; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based.
49219/21 22/09/2021 Aleksandr Dmitriyevich RAZDOBURDIN 1991 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” St Petersburg 31/01/2021 Article 20.2 § 2 of CAO detention for 4 days St Petersburg City Court 25/03/2021 Art.
5 (1) - unlawful detention - escorting to the police station for compiling an offence report 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.
49220/21* 30/09/2021 Nadezhda Sergeyevna NEZNAYEVA 1999 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 02/02/2021 Article 20.2 § 6.1 of CAO detention for 10 days Moscow City Court 06/04/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.55 p.m. on 02/02/2021 until 4.00 p.m. on 03/02/2021; Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based; 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.
49233/21* 22/09/2021 Maksim Eduardovich BORODULIN 1992 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” St Petersburg 31/01/2021 Article 20.2 § 2 of CAO fine of RUB 10,000 St Petersburg City Court 25/03/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.00 p.m. on 31/01/2021 to 1.00 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.
49237/21 30/09/2021 Albina Vladislavovna PUKHOVA 1965 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Nizhniy Novgorod 31/01/2021 Article 20.2 § 5 of CAO fine of RUB 10,000 Nizhniy Novgorod Regional Court 12/05/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.00 until 7.20 p.m. on 31/01/2021; Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based.
49243/21 30/09/2021 Olga Yuruevna KARAVASHKOVA 2002 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 23/01/2021 Article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 02/04/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 6.10 p.m. on 23/01/2021 until 12.30 a.m. on 24/01/2021; Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based.
49301/21* 22/09/2021 Sergey Aleksandrovich BOBRIK 1991 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 31/01/2021 Article 20.2 § 6.1 of CAO detention for 10 days Moscow City Court 26/03/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.30 p.m. on 31/01/2021 until 11.00 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; 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.
49434/21* 22/09/2021 Aleksey Nikolayevich DUNTSOV 1987 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 26/03/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 5.10 p.m. on 31/01/2021 until 4.45 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.
49443/21* 22/09/2021 Ivan Fedorovich FEDTSOV 2002 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 31/01/2021 Article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 06/04/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.10 p.m. until 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; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based.
49466/21* 22/09/2021 Yevgeniy Vladimirovich PEREVERZOV 1977 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Taganrog 31/01/2021 Article 20.2 § 5 of CAO fine of RUB 10,000 Rostov Regional Court 23/03/2021 Art.
5 (1) - unlawful detention - escorting to the police station for compiling an offence report 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.
49473/21* 22/09/2021 Mariya Vladimirovna DANILINA 1996 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 02/02/2021 Article 20.2 § 6.1 of CAO fine of RUB 15,000 Moscow City Court 26/03/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.15 p.m. on 02/02/2021 until 9.20 p.m. on 03/02/2021; Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based.
49474/21* 22/09/2021 Andrey Ivanovich PINDAK 1990 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 02/02/2021 Article 20.2 § 6.1 of CAO detention for 7 days Moscow City Court 24/03/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.10 a.m. until 12.15 p.m. on 03/02/2021; Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based.
49504/21* 22/09/2021 Polina Valentinovna DUDINA 1999 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 31/01/2021 Article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 24/03/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.05 a.m. until 6.45 p.m. on 31/01/2021; Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; Art.
6 (1) - unfair criminal proceedings - various deficiencies of the administrative offence proceedings (lack of reasoning, complaint raised under Article 6 § 2 of the Convention)[5]; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based.
49533/21* 22/09/2021 Pavel Alekseyevich LINKOV 1986 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 02/02/2021 Article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 11/05/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 10.40 a.m. until 6.00 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; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based.
49542/21* 22/09/2021 Yuliya Vladimirovna FILIMONOVA Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 02/02/2021 Article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 14/04/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.45 p.m. on 02/02/2021 until 5.30 a.m. on 03/02/2021; Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based.
49552/21 22/09/2021 Maksim Viktorovich PETREYEV 1983 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 31/01/2021 Article 20.2 § 6.1 of CAO fine of RUB 15,000 Moscow City Court 26/03/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.20 p.m. on 31/01/2021 until 2.00 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; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based.
49591/21* 22/09/2021 Tatyana Yevgenyevna IZOTOVA 1986 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” St Petersburg 31/01/2021 Article 20.2.2 § 1 of CAO fine of RUB 15,000 St Petersburg City Court 23/03/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.45 p.m. on 31/01/2021 until 9.00 p.m. on 31/01/2021; Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based; Art.
6 (1) - unfair criminal proceedings - various deficiencies of the administrative offence proceedings (no possibility to adduce evidence and to obtain attendance of witnesses on behalf of defence).
49599/21* 22/09/2021 Vladislav Olegovich NARUSHEV 1996 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Samara 31/01/2021 Article 20.2 § 5 of CAO fine of RUB 10,000 Samara Regional Court 25/03/2021 Art.
5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 1.30 p.m. until 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; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based; Art.
6 (1) - unfair criminal proceedings - various deficiencies of the administrative offence proceedings (no possibility to adduce evidence).
49754/21* 16/09/2021 Maksim Anatolyevich KHLAMOV 1991 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 31/01/2021 Article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 18/03/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1.25 p.m. until 9.56 p.m. on 31/01/2021; Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based.
59537/21 17/11/2021 Roman Vladimirovich PYTEL 1991 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 02/02/2021 Article 20.2 § 6.1 of CAO fine of RUB 15,000 Moscow City Court 17/05/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.45 p.m. on 02/02/2021 until 5.00 p.m. on 03/02/2021; Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based.
[1] Butkevich v. Russia, no.
5865/07, §§ 63-65, 13 February 2018, Tsvetkova and Others v. Russia, nos.
54381/08 and 5 others, §§ 115-31, 10 April 2018, and Korneyeva v. Russia, no.
72051/17, §§ 34-36, 8 October 2019.
[2] Karelin v. Russia, no.
926/08, §§ 58-85, 20 September 2016.
[3] Schatschaschwili v. Germany [GC], no.
9154/10, §§ 100-31, ECHR 2015, and Murtazaliyeva v. Russia [GC], no.
36658/05, §§ 150-59, 18 December 2018.
[4] Martynyuk v. Russia, no.
13764/15, §§ 38-42, 8 October 2019.
[5] Kasparov and Others v. Russia (no.
2), no.
51988/07, §§ 48-51, 13 December 2016.
Published on 26 June 2023 (see list appended) PROCEDURAL INFORMATION Following a preliminary examination of the admissibility of the applications on 1 June 2023, the Court decided, under Rule 54 § 2 (b) of the Rules of Court, that notice of the applications should be given to the Government of Russia.
In the applications marked by an asterisk, other complaints were raised.
This part of the applications has been struck out of the Court’s list of cases or declared inadmissible by the Court, sitting in a single-judge formation, assisted by a rapporteur as provided for in Article 24 § 2 of the Convention.
In the enclosed list of applications, whenever an applicant is referred to using initials, this indicates that the Court has authorised anonymity for that person, whose identity will not be disclosed to the public (Rule 47 § 4).
For further information on the procedure following communication of an application brought against Russia, subject of well-established case law of the Court, please refer to the Court’s website.
SUBJECT MATTER The applications concern complaints raised under Article 11 of the Convention relating to disproportionate measures against organisers and participants of public assemblies which are the subject of well-established case law of the Court (see Frumkin v. Russia, no.
74568/12, ECHR 2016 (extracts), Navalnyy and Yashin v. Russia, no.
76204/11, 4 December 2014 and Kasparov and Others v. Russia, no.
21613/07, 3 October 2013).
APPENDIX – List of applications raising complaints under Article 11 of the Convention(disproportionate measures against organisers and participants of public assemblies) No.
Application no.
Date of introduction Applicant’s name Year of birth Representative’s name and location Name of the public event Location Date Administrative charges Penalty Final domestic decision Court Name Date Other complaints under well-established case-law 43487/21* 11/08/2021 Pavel Valeryevich MOLCHANOV 1976 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 31/01/2021 Article 20.2 § 6.1 of CAO detention for 10 days Moscow City Court 12/02/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.30 p.m. on 31/01/2021 until 5.30 p.m. on 02/02/2021[1]; Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings[2]; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based[3]; Prot.
7 Art.
2 - right of appeal against criminal conviction / sentence - 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[4].
43490/21* 11/08/2021 Vladimir Vladimirovich ORLOV 1995 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” St Petersburg 31/01/2021 Article 20.2.2 § 1 of CAO detention for 12 days St Petersburg City Court 11/02/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.27 p.m. on 31/01/2021 until 12.20 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; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based; 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.
49077/21* 28/09/2021 Olga Aleksandrovna VAREGINA 1986 Memorial Human Rights Centre Moscow Rally "Free Navalnyy" Pyatigorsk 31/01/2021 Article 20.2.2 § 1 of CAO detention for 1 day Stavropol Regional Court 31/03/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.20 p.m. on 31/01/2021 to 4.30 p.m. on 01/02/2021.
49082/21* 28/09/2021 Yuriy Nikolayevich TSEPIN 1969 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Pskov 23/01/2021 Article 20.2 § 5 of CAO fine of RUB 20,000 Pskov Regional Court 05/04/2021 Art.
5 (1) - unlawful detention - escorting to the police station on 23/01/2021 for compiling an offence report; Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based.
49108/21* 28/09/2021 Yelena Vladimirovna LUSHINA 1993 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 23/01/2021 Article 20.2 § 6.1 of CAO fine of RUB 10,000 Moscow City Court 30/03/2021 Art.
5 (1) - unlawful detention - escorting to the police station on 23/01/2021 for compiling an offence report; Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based; Art.
6 (1) - lack of fair hearing - the applicant’s absence from the first-instance court hearing.
49184/21* 30/09/2021 Mikhail Gennadyevich YEGOROCHKIN 2000 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 31/01/2021 Article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 02/04/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 5.10 p.m. on 31/01/2021 until 3.40 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; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based.
49193/21 30/09/2021 Yekaterina Aleksandrovna VELIKAYA 1987 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Penza 23/01/2021 Article 20.2 § 6.1 of CAO fine of RUB 12,000 Penza Regional Court 01/04/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 8.10 a.m. on 23/01/2021 until 1.30 p.m. on 23/01/2021; Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based.
49203/21* 30/09/2021 Aleksandr Ivanovich SVITLIK 1991 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 23/01/2021 Article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 16/04/2021 Art.
5 (1) - unlawful detention - escorting to the police station on 23/01/2021 for compiling an offence report; Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based.
49205/21 28/09/2021 Nikita Ruslanovich MIKHONIN 1997 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 31/01/2021 Article 20.2 § 6.1 of CAO fine of RUB 10,000 Moscow City Court 20/04/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.30 p.m. on 31/01/2021 until 2.30 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; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based.
49219/21 22/09/2021 Aleksandr Dmitriyevich RAZDOBURDIN 1991 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” St Petersburg 31/01/2021 Article 20.2 § 2 of CAO detention for 4 days St Petersburg City Court 25/03/2021 Art.
5 (1) - unlawful detention - escorting to the police station for compiling an offence report 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.
49220/21* 30/09/2021 Nadezhda Sergeyevna NEZNAYEVA 1999 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 02/02/2021 Article 20.2 § 6.1 of CAO detention for 10 days Moscow City Court 06/04/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.55 p.m. on 02/02/2021 until 4.00 p.m. on 03/02/2021; Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based; 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.
49233/21* 22/09/2021 Maksim Eduardovich BORODULIN 1992 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” St Petersburg 31/01/2021 Article 20.2 § 2 of CAO fine of RUB 10,000 St Petersburg City Court 25/03/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.00 p.m. on 31/01/2021 to 1.00 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.
49237/21 30/09/2021 Albina Vladislavovna PUKHOVA 1965 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Nizhniy Novgorod 31/01/2021 Article 20.2 § 5 of CAO fine of RUB 10,000 Nizhniy Novgorod Regional Court 12/05/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.00 until 7.20 p.m. on 31/01/2021; Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based.
49243/21 30/09/2021 Olga Yuruevna KARAVASHKOVA 2002 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 23/01/2021 Article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 02/04/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 6.10 p.m. on 23/01/2021 until 12.30 a.m. on 24/01/2021; Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based.
49301/21* 22/09/2021 Sergey Aleksandrovich BOBRIK 1991 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 31/01/2021 Article 20.2 § 6.1 of CAO detention for 10 days Moscow City Court 26/03/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.30 p.m. on 31/01/2021 until 11.00 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; 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.
49434/21* 22/09/2021 Aleksey Nikolayevich DUNTSOV 1987 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 26/03/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 5.10 p.m. on 31/01/2021 until 4.45 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.
49443/21* 22/09/2021 Ivan Fedorovich FEDTSOV 2002 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 31/01/2021 Article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 06/04/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.10 p.m. until 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; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based.
49466/21* 22/09/2021 Yevgeniy Vladimirovich PEREVERZOV 1977 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Taganrog 31/01/2021 Article 20.2 § 5 of CAO fine of RUB 10,000 Rostov Regional Court 23/03/2021 Art.
5 (1) - unlawful detention - escorting to the police station for compiling an offence report 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.
49473/21* 22/09/2021 Mariya Vladimirovna DANILINA 1996 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 02/02/2021 Article 20.2 § 6.1 of CAO fine of RUB 15,000 Moscow City Court 26/03/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.15 p.m. on 02/02/2021 until 9.20 p.m. on 03/02/2021; Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based.
49474/21* 22/09/2021 Andrey Ivanovich PINDAK 1990 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 02/02/2021 Article 20.2 § 6.1 of CAO detention for 7 days Moscow City Court 24/03/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.10 a.m. until 12.15 p.m. on 03/02/2021; Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based.
49504/21* 22/09/2021 Polina Valentinovna DUDINA 1999 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 31/01/2021 Article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 24/03/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.05 a.m. until 6.45 p.m. on 31/01/2021; Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; Art.
6 (1) - unfair criminal proceedings - various deficiencies of the administrative offence proceedings (lack of reasoning, complaint raised under Article 6 § 2 of the Convention)[5]; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based.
49533/21* 22/09/2021 Pavel Alekseyevich LINKOV 1986 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 02/02/2021 Article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 11/05/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 10.40 a.m. until 6.00 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; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based.
49542/21* 22/09/2021 Yuliya Vladimirovna FILIMONOVA Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 02/02/2021 Article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 14/04/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.45 p.m. on 02/02/2021 until 5.30 a.m. on 03/02/2021; Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based.
49552/21 22/09/2021 Maksim Viktorovich PETREYEV 1983 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 31/01/2021 Article 20.2 § 6.1 of CAO fine of RUB 15,000 Moscow City Court 26/03/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.20 p.m. on 31/01/2021 until 2.00 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; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based.
49591/21* 22/09/2021 Tatyana Yevgenyevna IZOTOVA 1986 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” St Petersburg 31/01/2021 Article 20.2.2 § 1 of CAO fine of RUB 15,000 St Petersburg City Court 23/03/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.45 p.m. on 31/01/2021 until 9.00 p.m. on 31/01/2021; Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based; Art.
6 (1) - unfair criminal proceedings - various deficiencies of the administrative offence proceedings (no possibility to adduce evidence and to obtain attendance of witnesses on behalf of defence).
49599/21* 22/09/2021 Vladislav Olegovich NARUSHEV 1996 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Samara 31/01/2021 Article 20.2 § 5 of CAO fine of RUB 10,000 Samara Regional Court 25/03/2021 Art.
5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 1.30 p.m. until 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; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based; Art.
6 (1) - unfair criminal proceedings - various deficiencies of the administrative offence proceedings (no possibility to adduce evidence).
49754/21* 16/09/2021 Maksim Anatolyevich KHLAMOV 1991 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 31/01/2021 Article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 18/03/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1.25 p.m. until 9.56 p.m. on 31/01/2021; Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based.
59537/21 17/11/2021 Roman Vladimirovich PYTEL 1991 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 02/02/2021 Article 20.2 § 6.1 of CAO fine of RUB 15,000 Moscow City Court 17/05/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.45 p.m. on 02/02/2021 until 5.00 p.m. on 03/02/2021; Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based.
No.
Application no.
Date of introduction Applicant’s name Year of birth Representative’s name and location Name of the public event Location Date Administrative charges Penalty Final domestic decision Court Name Date Other complaints under well-established case-law 43487/21* 11/08/2021 Pavel Valeryevich MOLCHANOV 1976 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 31/01/2021 Article 20.2 § 6.1 of CAO detention for 10 days Moscow City Court 12/02/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.30 p.m. on 31/01/2021 until 5.30 p.m. on 02/02/2021[1]; Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings[2]; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based[3]; Prot.
7 Art.
2 - right of appeal against criminal conviction / sentence - 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[4].
43490/21* 11/08/2021 Vladimir Vladimirovich ORLOV 1995 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” St Petersburg 31/01/2021 Article 20.2.2 § 1 of CAO detention for 12 days St Petersburg City Court 11/02/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.27 p.m. on 31/01/2021 until 12.20 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; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based; 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.
49077/21* 28/09/2021 Olga Aleksandrovna VAREGINA 1986 Memorial Human Rights Centre Moscow Rally "Free Navalnyy" Pyatigorsk 31/01/2021 Article 20.2.2 § 1 of CAO detention for 1 day Stavropol Regional Court 31/03/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.20 p.m. on 31/01/2021 to 4.30 p.m. on 01/02/2021.
49082/21* 28/09/2021 Yuriy Nikolayevich TSEPIN 1969 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Pskov 23/01/2021 Article 20.2 § 5 of CAO fine of RUB 20,000 Pskov Regional Court 05/04/2021 Art.
5 (1) - unlawful detention - escorting to the police station on 23/01/2021 for compiling an offence report; Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based.
49108/21* 28/09/2021 Yelena Vladimirovna LUSHINA 1993 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 23/01/2021 Article 20.2 § 6.1 of CAO fine of RUB 10,000 Moscow City Court 30/03/2021 Art.
5 (1) - unlawful detention - escorting to the police station on 23/01/2021 for compiling an offence report; Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based; Art.
6 (1) - lack of fair hearing - the applicant’s absence from the first-instance court hearing.
49184/21* 30/09/2021 Mikhail Gennadyevich YEGOROCHKIN 2000 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 31/01/2021 Article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 02/04/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 5.10 p.m. on 31/01/2021 until 3.40 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; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based.
49193/21 30/09/2021 Yekaterina Aleksandrovna VELIKAYA 1987 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Penza 23/01/2021 Article 20.2 § 6.1 of CAO fine of RUB 12,000 Penza Regional Court 01/04/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 8.10 a.m. on 23/01/2021 until 1.30 p.m. on 23/01/2021; Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based.
49203/21* 30/09/2021 Aleksandr Ivanovich SVITLIK 1991 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 23/01/2021 Article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 16/04/2021 Art.
5 (1) - unlawful detention - escorting to the police station on 23/01/2021 for compiling an offence report; Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based.
49205/21 28/09/2021 Nikita Ruslanovich MIKHONIN 1997 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 31/01/2021 Article 20.2 § 6.1 of CAO fine of RUB 10,000 Moscow City Court 20/04/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.30 p.m. on 31/01/2021 until 2.30 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; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based.
49219/21 22/09/2021 Aleksandr Dmitriyevich RAZDOBURDIN 1991 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” St Petersburg 31/01/2021 Article 20.2 § 2 of CAO detention for 4 days St Petersburg City Court 25/03/2021 Art.
5 (1) - unlawful detention - escorting to the police station for compiling an offence report 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.
49220/21* 30/09/2021 Nadezhda Sergeyevna NEZNAYEVA 1999 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 02/02/2021 Article 20.2 § 6.1 of CAO detention for 10 days Moscow City Court 06/04/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.55 p.m. on 02/02/2021 until 4.00 p.m. on 03/02/2021; Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based; 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.
49233/21* 22/09/2021 Maksim Eduardovich BORODULIN 1992 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” St Petersburg 31/01/2021 Article 20.2 § 2 of CAO fine of RUB 10,000 St Petersburg City Court 25/03/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.00 p.m. on 31/01/2021 to 1.00 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.
49237/21 30/09/2021 Albina Vladislavovna PUKHOVA 1965 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Nizhniy Novgorod 31/01/2021 Article 20.2 § 5 of CAO fine of RUB 10,000 Nizhniy Novgorod Regional Court 12/05/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.00 until 7.20 p.m. on 31/01/2021; Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based.
49243/21 30/09/2021 Olga Yuruevna KARAVASHKOVA 2002 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 23/01/2021 Article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 02/04/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 6.10 p.m. on 23/01/2021 until 12.30 a.m. on 24/01/2021; Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based.
49301/21* 22/09/2021 Sergey Aleksandrovich BOBRIK 1991 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 31/01/2021 Article 20.2 § 6.1 of CAO detention for 10 days Moscow City Court 26/03/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.30 p.m. on 31/01/2021 until 11.00 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; 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.
49434/21* 22/09/2021 Aleksey Nikolayevich DUNTSOV 1987 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 26/03/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 5.10 p.m. on 31/01/2021 until 4.45 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.
49443/21* 22/09/2021 Ivan Fedorovich FEDTSOV 2002 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 31/01/2021 Article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 06/04/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.10 p.m. until 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; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based.
49466/21* 22/09/2021 Yevgeniy Vladimirovich PEREVERZOV 1977 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Taganrog 31/01/2021 Article 20.2 § 5 of CAO fine of RUB 10,000 Rostov Regional Court 23/03/2021 Art.
5 (1) - unlawful detention - escorting to the police station for compiling an offence report 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.
49473/21* 22/09/2021 Mariya Vladimirovna DANILINA 1996 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 02/02/2021 Article 20.2 § 6.1 of CAO fine of RUB 15,000 Moscow City Court 26/03/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.15 p.m. on 02/02/2021 until 9.20 p.m. on 03/02/2021; Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based.
49474/21* 22/09/2021 Andrey Ivanovich PINDAK 1990 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 02/02/2021 Article 20.2 § 6.1 of CAO detention for 7 days Moscow City Court 24/03/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.10 a.m. until 12.15 p.m. on 03/02/2021; Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based.
49504/21* 22/09/2021 Polina Valentinovna DUDINA 1999 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 31/01/2021 Article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 24/03/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.05 a.m. until 6.45 p.m. on 31/01/2021; Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; Art.
6 (1) - unfair criminal proceedings - various deficiencies of the administrative offence proceedings (lack of reasoning, complaint raised under Article 6 § 2 of the Convention)[5]; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based.
49533/21* 22/09/2021 Pavel Alekseyevich LINKOV 1986 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 02/02/2021 Article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 11/05/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 10.40 a.m. until 6.00 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; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based.
49542/21* 22/09/2021 Yuliya Vladimirovna FILIMONOVA Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 02/02/2021 Article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 14/04/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.45 p.m. on 02/02/2021 until 5.30 a.m. on 03/02/2021; Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based.
49552/21 22/09/2021 Maksim Viktorovich PETREYEV 1983 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 31/01/2021 Article 20.2 § 6.1 of CAO fine of RUB 15,000 Moscow City Court 26/03/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.20 p.m. on 31/01/2021 until 2.00 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; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based.
49591/21* 22/09/2021 Tatyana Yevgenyevna IZOTOVA 1986 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” St Petersburg 31/01/2021 Article 20.2.2 § 1 of CAO fine of RUB 15,000 St Petersburg City Court 23/03/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.45 p.m. on 31/01/2021 until 9.00 p.m. on 31/01/2021; Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based; Art.
6 (1) - unfair criminal proceedings - various deficiencies of the administrative offence proceedings (no possibility to adduce evidence and to obtain attendance of witnesses on behalf of defence).
49599/21* 22/09/2021 Vladislav Olegovich NARUSHEV 1996 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Samara 31/01/2021 Article 20.2 § 5 of CAO fine of RUB 10,000 Samara Regional Court 25/03/2021 Art.
5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 1.30 p.m. until 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; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based; Art.
6 (1) - unfair criminal proceedings - various deficiencies of the administrative offence proceedings (no possibility to adduce evidence).
49754/21* 16/09/2021 Maksim Anatolyevich KHLAMOV 1991 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 31/01/2021 Article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 18/03/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1.25 p.m. until 9.56 p.m. on 31/01/2021; Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based.
59537/21 17/11/2021 Roman Vladimirovich PYTEL 1991 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 02/02/2021 Article 20.2 § 6.1 of CAO fine of RUB 15,000 Moscow City Court 17/05/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.45 p.m. on 02/02/2021 until 5.00 p.m. on 03/02/2021; Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; Art.
6 (1) - and Art.
6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based.
[1] Butkevich v. Russia, no.
5865/07, §§ 63-65, 13 February 2018, Tsvetkova and Others v. Russia, nos.
54381/08 and 5 others, §§ 115-31, 10 April 2018, and Korneyeva v. Russia, no.
72051/17, §§ 34-36, 8 October 2019.
[2] Karelin v. Russia, no.
926/08, §§ 58-85, 20 September 2016.
[3] Schatschaschwili v. Germany [GC], no.
9154/10, §§ 100-31, ECHR 2015, and Murtazaliyeva v. Russia [GC], no.
36658/05, §§ 150-59, 18 December 2018.
[4] Martynyuk v. Russia, no.
13764/15, §§ 38-42, 8 October 2019.
[5] Kasparov and Others v. Russia (no.
2), no.
51988/07, §§ 48-51, 13 December 2016.