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You are here: BAILII >> Databases >> European Court of Human Rights >> KAPRANOV AND OTHERS v. RUSSIA - 81852/17 (Judgment : Article 11 - Freedom of assembly and association : Second Section Committee) [2023] ECHR 286 (30 March 2023)
URL: http://www.bailii.org/eu/cases/ECHR/2023/286.html
Cite as: CE:ECHR:2023:0330JUD008185217, ECLI:CE:ECHR:2023:0330JUD008185217, [2023] ECHR 286

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SECOND SECTION

CASE OF KAPRANOV AND OTHERS v. RUSSIA

(Applications nos. 81852/17 and 21 others –

see appended list)

JUDGMENT

STRASBOURG

30 March 2023

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

In the case of Kapranov and Others v. Russia,

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

          Lorraine Schembri Orland, President,
          Frédéric Krenc,
          Davor Derenčinović, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 9 March 2023,

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 (“the Convention”) on the various dates indicated in the appended table.

2. The Russian Government (“the Government”) 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 disproportionate measures taken against them as participants of public assemblies in Moscow. They also raised other complaints under the provisions of the Convention.

THE LAW

I. JOINDER OF THE APPLICATIONS

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

II. ALLEGED VIOLATION OF ARTICLE 11 OF THE CONVENTION

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

7. The Court refers to the principles established in its case-law regarding freedom of assembly (see Kudrevičius 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‑XIV, and Hyde Park and Others v. Moldova, no. 33482/06, 31 March 2009).

8. 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.

9. Having examined all the material submitted to it and having taken into account the issue of compliance with the six-month time-limit under Article 35 § 1 of the Convention (see Saakashvili v. Georgia (dec.), nos. 6232/20 and 22394/20, §§ 46-59, 1 March 2022, in which the Court addressed the COVID-related extension of the period in question), 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 applicants’ freedom of assembly were not “necessary in a democratic society”.

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

III. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW

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

12. Having examined all the material before it, the Court concludes that they also disclose violations of the Convention in the light of its findings in its well-established case-law (see Butkevich v. Russia, no. 5865/07, §§ 63-65, 13 February 2018, Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-23, 10 April 2018, Kalyapin v. Russia, no. 6095/09, § 76, 23 July 2019, and Korneyeva v. Russia, no. 72051/17, §§ 34-36, 8 October 2019, concerning various aspects of unlawful deprivation of liberty of the organisers or participants of public events; and Karelin v. Russia, no. 926/08, 20 September 2016, related to examination of criminal cases in the absence of a prosecuting party in the judicial proceedings governed by the Federal Code of Administrative Offences (CAO)).

IV. Remaning COMPLAINTS

13. Having regard to its findings above, the Court does not consider it necessary to examine separately the remaining complaints raised by some of the applicants under Article 6 of the Convention about the fairness of the administrative-offence proceedings in their cases.

V. APPLICATION OF ARTICLE 41 OF THE CONVENTION

14. Article 41 of the Convention provides:

“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”

15. Regard being had to the documents in its possession and to its case‑law (see Navalnyy and Others v. Russia [Committee], nos. 25809/17 and 14 others, 4 October 2022), the Court finds it reasonable to award the sums indicated in the appended table.

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

1. Decides to join the applications;

2. Declares the complaints under Article 11 of the Convention concerning the interference with the applicants’ freedom of assembly and the other complaints under the well-established case-law of the Court (as indicated in the appended table) admissible and decides that there is no need to examine separately the remaining complaints under Article 6 of the Convention about other aspects of the fairness of the administrative‑offence proceedings;

3. Holds that these applications disclose a breach of Article 11 of the Convention;

4. Holds that there has been a violation of the Convention as regards the other complaints raised under well-established case-law of the Court (see appended table);

5. Holds

(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 30 March 2023, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Viktoriya Maradudina Lorraine Schembri Orland

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)

Application no. Date of introduction	Applicant’s name Year of birth	Representative’s name and location	Name of the public event Date	Administrative charges	Penalty	Final decision Moscow City Court Date	Other complaints under well-established case-law	Amount awarded for pecuniary and non-pecuniary damage and costs and expenses (in euros) [1]
81852/17 22/11/2017 and 11048/20 07/02/2020	Denis Vasilyevich KAPRANOV 1981	Memorial Human Rights Centre Moscow	Anti-corruption manifestation 26/03/2017 Manifestation for fair elections to Mosgorduma 03/08/2019	Article 20.2 § 5 of CAO Article 20.2 § 5 of CAO	fine of RUB 15,000 fine of RUB 10,000	23/05/2017 04/10/2019	Art. 5 (1) - two counts of escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”: 1) From 4.40 p.m. to 9.45 p.m. on 26/03/2017, the time indicated in the records was at variance with the actual time of escorting and detention, 2) From 2.45 p.m. to 10.00 p.m. on 03/08/2019; the record of administrative offence was only drawn up on 06/08/2019; Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings - two final decisions: Moscow City Court, 23/05/2017 and 04/10/2019	5,000
60695/19 08/11/2019	Nikolay Aleksandrovich CHUDAYEV 1994	Pomazuyev Aleksandr Yevgenyevich Vilnius	Manifestation for fair elections to Mosgorduma 27/07/2019	Article 20.2 § 5 of CAO	fine of RUB 15,000	30/08/2019	Art. 5 (1) - escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 4.00 p.m. to 7.20 p.m. on 27/07/2019, while the record of administrative offence was only drawn up on 29/07/2019; absence of escorting report and no indication of the time of escorting to the police station and of the time of release; Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings - final decision: Moscow City Court, 30/08/2019	4,000
65169/19 18/12/2019	Vladimir Petrovich KULESHOV 1986	Memorial Human Rights Centre Moscow	Manifestation for fair elections to Mosgorduma 03/08/2019	Article 20.2 § 5 of CAO	fine of RUB 20,000	04/09/2019	Art. 5 (1) - escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 2.05 p.m. to 10.05 p.m. on 03/08/2019; Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings - final decision: Moscow City Court, 04/09/2019	4,000
65185/19 18/12/2019	Anastasiya Yuryevna SHUKSHINA 1996	Memorial Human Rights Centre Moscow	Manifestation for fair elections to Mosgorduma 03/08/2019	Article 20.2 § 5 of CAO	fine of RUB 15,000	24/09/2019	Art. 5 (1) - escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.40 p.m. to 11.00 p.m. on 03/08/2019, raised on appeal, Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings - final decision: Moscow City Court, 24/09/2019	4,000
10981/20 07/02/2020	Stanislav Sergeyevich ALKHASOV 1990	Memorial Human Rights Centre Moscow	Manifestation for fair elections to Mosgorduma 03/08/2019	Article 20.2 § 5 of CAO	fine of RUB 10,000	14/10/2019	Art. 5 (1) - escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.45 p.m. on 03/08/2019 to 3.30 a.m. on 04/08/2019; the applicant spent more than 5 hours in the police van before having been brought to the police station; the record of administrative offence was only drawn up on 06/08/2019; Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings - final decision: Moscow City Court, 14/10/2019	4,000
11436/20 07/02/2020	Yaroslav Igorevich VIRCHIK 1993	Memorial Human Rights Centre Moscow	Manifestation for fair elections to Mosgorduma 03/08/2019	Article 20.2 § 5 of CAO	fine of RUB 10,000	24/10/2019	Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings - final decision: Moscow City Court, 24/10/2019	3,500
14102/20 20/02/2020	Anastasiya Leonidovna ZYUBINA 1995	Balog Natalya Andreyevna Krasnoyarsk	Manifestation for fair elections to Mosgorduma 03/08/2019	Article 20.2 § 5 of CAO	fine of RUB 10,000	22/10/2019	Art. 5 (1) - escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 4.48 p.m. on 03/08/2019 to 2.00 a.m. on 04/08/2019; the escorting report was at variance with the actual time of the escorting; Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings - final decision: Moscow City Court, 22/10/2019	4,000
15295/20 11/03/2020	Sergey Aleksandrovich TURUSHIN 1986	Bayturina Svetlana Nikolayevna Moscow	Manifestation for fair elections to Mosgorduma 03/08/2019	Article 20.2 § 5 of CAO	fine of RUB 10,000	12/09/2019	Art. 5 (1) - escorting to the police station for the sole purpose of drawing up a record of administrative offence (the applicant was escorted at 5.45 p.m. on 03/08/2019); Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings - final decision: Moscow City Court, 12/09/2019	4,000
17826/20 30/03/2020	Aleksandra Yuryevna POLYAK 1970	Pomazuyev Aleksandr Yevgenyevich Vilnius	Manifestation for fair elections to Mosgorduma 03/08/2019	Article 20.2 § 5 of CAO	fine of RUB 10,000	24/10/2019	Art. 5 (1) - escorting to the police station for the sole purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 4.00 p.m. on 03/08/2019 to 3.00 a.m. on 04/08/2019; Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings - final decision: Moscow City Court, 24/10/2019	4,000
17829/20 30/03/2020	Aleksandr Sergovich YEFREMOV 1999	Pomazuyev Aleksandr Yevgenyevich Vilnius	Manifestation for fair elections to Mosgorduma 03/08/2019	Article 20.2 § 5 of CAO	fine of RUB 20,000	12/11/2019	Art. 5 (1) - escorting to the police station for the sole purpose of drawing up a record of administrative offence, from 7.30 p.m. to 9.04 p.m. on 03/08/2019; Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings - final decision: Moscow City Court, 12/11/2019	4,000
17831/20 30/03/2020	Pavel Anatolyevich PONOMAREV 1977	Pomazuyev Aleksandr Yevgenyevich Vilnius	Manifestation for fair elections to Mosgorduma 03/08/2019	Article 20.2 § 5 of CAO	fine of RUB 10,000	14/01/2020	Art. 5 (1) - escorting to the police station for the sole purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.00 p.m. on 03/08/2019 to 2.00 a.m. on 04/08/2019; the applicant spent more than 3 hours in the police van before having been brought to the police station; Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings - final decision: Moscow City Court, 14/01/2020	4,000
17832/20 30/03/2020	Maksim Aleksandrovich MOSHCHENKO 1998	Pomazuyev Aleksandr Yevgenyevich Vilnius	Manifestation for fair elections to Mosgorduma 03/08/2019	Article 20.2 § 5 of CAO	fine of RUB 20,000	06/11/2019	Art. 5 (1) - escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.50 p.m. on 03/08/2019 to 01.00 a.m. on 04/08/2019; absence of an arrest report; Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings - final decision: Moscow City Court, 06/11/2019	4,000
17833/20 30/03/2020	Aleksandr Vladimirovich ZABROVSKIY 1999	Pomazuyev Aleksandr Yevgenyevich Vilnius	Manifestation for fair elections to Mosgorduma 03/08/2019	Article 20.2 § 5 of CAO	fine of RUB 10,000	28/11/2019	Art. 5 (1) - escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.50 p.m. on 03/08/2019 to 00.40 a.m. on 04/08/2019; the record of the administrative offence was drawn up only on 06/08/2019; absence of an arrest report; Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings - final decision: Moscow City Court, 28/11/2019	4,000
17835/20 30/03/2020	Kirill Alekseyevich MARTYNENKO 1995	Pomazuyev Aleksandr Yevgenyevich Vilnius	Manifestation for fair elections to Mosgorduma 03/08/2019	Article 20.2 § 5 of CAO	fine of RUB 10,000	28/11/2019	Art. 5 (1) - escorting to the police station for the sole purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.35 p.m. on 03/08/2019 to 02.00 a.m. on 04/08/2019; absence of an arrest report; Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings - final decision: Moscow City Court, 28/11/2019	4,000
17888/20 30/03/2020	Natalya Aleksandrovna SAVOSTINA 1976	Pomazuyev Aleksandr Yevgenyevich Vilnius	Manifestation for fair elections to Mosgorduma 03/08/2019	Article 20.2 § 5 of CAO	fine of RUB 15,000	18/10/2019	Art. 5 (1) - escorting to the police station for the sole purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 5.30 p.m. on 03/08/2019 to 02.20 a.m. on 04/08/2019; absence of an arrest report; Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings - final decision: Moscow City Court, 18/10/2019	4,000
18155/20 11/03/2020	Sergey Alekseyevich YERMOLAYEV 1987	Memorial Human Rights Centre Moscow	Manifestation for fair elections to Mosgorduma 03/08/2019	Article 20.2 § 5 of CAO	fine of RUB 15,000	16/09/2019	Art. 5 (1) - escorting to the police station for the sole purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 4.00 p.m. to 11.10 p.m. on 03/08/2019; Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings - final decision: Moscow City Court, 16/09/2019	4,000
19121/20 23/03/2020	Oleg Ravilyevich SABITOV 1994	Pomazuyev Aleksandr Yevgenyevich Vilnius	Manifestation for fair elections to Mosgorduma 03/08/2019	Article 20.2 § 5 of CAO	fine of RUB 15,000	10/10/2019	Art. 5 (1) - escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 4.15 p.m. to 10.00 p.m. on 03/08/2019; the record of administrative offence was only drawn up on 06/08/2019; absence of an arrest report; Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings - final decision: Moscow City Court, 10/10/2019	4,000
19124/20 23/03/2020	Vadim Yevgenyevich BOLSHAKOV 1990	Pomazuyev Aleksandr Yevgenyevich Vilnius	Manifestation for fair elections to Mosgorduma 03/08/2019	Article 20.2 § 5 of CAO	fine of RUB 15,000	30/10/2019	Art. 5 (1) - escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.00 p.m. to 10.00 p.m. on 03/08/2019; absence of an arrest report; Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings - final decision: Moscow City Court, 30/10/2019	4,000
19556/20 23/03/2020	Kirill Dmitriyevich BALAK 1995	Pomazuyev Aleksandr Yevgenyevich Vilnius	Manifestation for fair elections to Mosgorduma 03/08/2019	Article 20.2 § 5 of CAO	fine of RUB 10,000	28/10/2019	Art. 5 (1) - escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 2.40 p.m. to 10.20 p.m. on 03/08/2019; the record of administrative offence was only drawn up on 06/08/2019; absence of an arrest report; Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings - final decision: Moscow City Court, 28/10/2019	4,000
19770/20 25/03/2020	Irina Aleksandrovna SISEYKINA 1975	Pomazuyev Aleksandr Yevgenyevich Vilnius	Manifestation for fair elections to Mosgorduma 03/08/2019	Article 20.2 § 5 of CAO	fine of RUB 20,000	02/12/2019	Art. 5 (1) - escorting to the police station for the sole purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 4.30 p.m. on 03/08/2019 to 01.20 a.m. on 04/08/2019; absence of an arrest report; Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings - final decision: Moscow City Court, 02/12/2019	4,000
32043/20 23/07/2020	Yevgeniy Romanovich DEGTYAREV 1985	Memorial Human Rights Centre Moscow	Manifestation for fair elections to Mosgorduma 27/07/2019	Article 20.2 § 6.1 of CAO	fine of RUB 10,000	16/12/2019	Art. 5 (1) - escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 8.00 p.m. on 27/07/2019 to 7.00 p.m. on 29/07/2019, the applicant remained in detention even after the record of administrative offence was drawn up, on 28/07/2018; Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings - final decision: Moscow City Court, 16/12/2019	5,000

No.

Application no.

Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Name of the public event

Date

Administrative charges

Penalty

Final decision

Moscow City Court

Date

Other complaints under well-established case-law

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses

(in euros) [1]

81852/17

22/11/2017

and

11048/20

07/02/2020

Denis Vasilyevich KAPRANOV

1981

Memorial Human Rights Centre

Moscow

Anti-corruption manifestation

26/03/2017

Manifestation for fair elections to Mosgorduma

03/08/2019

Article 20.2 § 5 of CAO

fine of RUB 15,000

fine of RUB 10,000

23/05/2017

04/10/2019

Art. 5 (1) - two counts of escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”:

1) From 4.40 p.m. to 9.45 p.m. on 26/03/2017, the time indicated in the records was at variance with the actual time of escorting and detention,

2) From 2.45 p.m. to 10.00 p.m. on 03/08/2019; the record of administrative offence was only drawn up on 06/08/2019;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings - two final decisions: Moscow City Court, 23/05/2017 and 04/10/2019

5,000

60695/19

08/11/2019

Nikolay Aleksandrovich CHUDAYEV

1994

Pomazuyev Aleksandr Yevgenyevich

Vilnius

Manifestation for fair elections to Mosgorduma

27/07/2019

Article 20.2 § 5 of CAO

fine of RUB 15,000

30/08/2019

Art. 5 (1) - escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 4.00 p.m. to 7.20 p.m. on 27/07/2019, while the record of administrative offence was only drawn up on 29/07/2019; absence of escorting report and no indication of the time of escorting to the police station and of the time of release;

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

Moscow City Court, 30/08/2019

4,000

65169/19

18/12/2019

Vladimir Petrovich KULESHOV

1986

Memorial Human Rights Centre

Moscow

Manifestation for fair elections to Mosgorduma

03/08/2019

Article 20.2 § 5 of CAO

fine of RUB 20,000

04/09/2019

Art. 5 (1) - escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 2.05 p.m. to 10.05 p.m. on 03/08/2019;

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

Moscow City Court, 04/09/2019

4,000

65185/19

18/12/2019

Anastasiya Yuryevna SHUKSHINA

1996

Memorial Human Rights Centre

Moscow

Manifestation for fair elections to Mosgorduma

03/08/2019

Article 20.2 § 5 of CAO

fine of RUB 15,000

24/09/2019

Art. 5 (1) - escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.40 p.m. to 11.00 p.m. on 03/08/2019, raised on appeal,

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

Moscow City Court, 24/09/2019

4,000

10981/20

07/02/2020

Stanislav Sergeyevich ALKHASOV

1990

Memorial Human Rights Centre

Moscow

Manifestation for fair elections to Mosgorduma

03/08/2019

Article 20.2 § 5 of CAO

fine of RUB 10,000

14/10/2019

Art. 5 (1) - escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.45 p.m. on 03/08/2019 to 3.30 a.m. on 04/08/2019; the applicant spent more than 5 hours in the police van before having been brought to the police station; the record of administrative offence was only drawn up on 06/08/2019;

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

Moscow City Court, 14/10/2019

4,000

11436/20

07/02/2020

Yaroslav Igorevich VIRCHIK

1993

Memorial Human Rights Centre

Moscow

Manifestation for fair elections to Mosgorduma

03/08/2019

Article 20.2 § 5 of CAO

fine of RUB 10,000

24/10/2019

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

Moscow City Court, 24/10/2019

3,500

14102/20

20/02/2020

Anastasiya Leonidovna ZYUBINA

1995

Balog Natalya Andreyevna

Krasnoyarsk

Manifestation for fair elections to Mosgorduma

03/08/2019

Article 20.2 § 5 of CAO

fine of RUB 10,000

22/10/2019

Art. 5 (1) - escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 4.48 p.m. on 03/08/2019 to 2.00 a.m. on 04/08/2019; the escorting report was at variance with the actual time of the escorting;

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

Moscow City Court, 22/10/2019

4,000

15295/20

11/03/2020

Sergey Aleksandrovich TURUSHIN

1986

Bayturina Svetlana Nikolayevna

Moscow

Manifestation for fair elections to Mosgorduma

03/08/2019

Article 20.2 § 5 of CAO

fine of RUB 10,000

12/09/2019

Art. 5 (1) - escorting to the police station for the sole purpose of drawing up a record of administrative offence (the applicant was escorted at 5.45 p.m. on 03/08/2019);

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

Moscow City Court, 12/09/2019

4,000

17826/20

30/03/2020

Aleksandra Yuryevna POLYAK

1970

Pomazuyev Aleksandr Yevgenyevich

Vilnius

Manifestation for fair elections to Mosgorduma

03/08/2019

Article 20.2 § 5 of CAO

fine of RUB 10,000

24/10/2019

Art. 5 (1) - escorting to the police station for the sole purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 4.00 p.m. on 03/08/2019 to 3.00 a.m. on 04/08/2019;

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

Moscow City Court, 24/10/2019

4,000

17829/20

30/03/2020

Aleksandr Sergovich YEFREMOV

1999

Pomazuyev Aleksandr Yevgenyevich

Vilnius

Manifestation for fair elections to Mosgorduma

03/08/2019

Article 20.2 § 5 of CAO

fine of RUB 20,000

12/11/2019

Art. 5 (1) - escorting to the police station for the sole purpose of drawing up a record of administrative offence, from 7.30 p.m. to 9.04 p.m. on 03/08/2019;

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

Moscow City Court, 12/11/2019

4,000

17831/20

30/03/2020

Pavel Anatolyevich PONOMAREV

1977

Pomazuyev Aleksandr Yevgenyevich

Vilnius

Manifestation for fair elections to Mosgorduma

03/08/2019

Article 20.2 § 5 of CAO

fine of RUB 10,000

14/01/2020

Art. 5 (1) - escorting to the police station for the sole purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.00 p.m. on 03/08/2019 to 2.00 a.m. on 04/08/2019; the applicant spent more than 3 hours in the police van before having been brought to the police station;

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

Moscow City Court, 14/01/2020

4,000

17832/20

30/03/2020

Maksim Aleksandrovich MOSHCHENKO

1998

Pomazuyev Aleksandr Yevgenyevich

Vilnius

Manifestation for fair elections to Mosgorduma

03/08/2019

Article 20.2 § 5 of CAO

fine of RUB 20,000

06/11/2019

Art. 5 (1) - escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.50 p.m. on 03/08/2019 to 01.00 a.m. on 04/08/2019; absence of an arrest report;

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

Moscow City Court, 06/11/2019

4,000

17833/20

30/03/2020

Aleksandr Vladimirovich ZABROVSKIY

1999

Pomazuyev Aleksandr Yevgenyevich

Vilnius

Manifestation for fair elections to Mosgorduma

03/08/2019

Article 20.2 § 5 of CAO

fine of RUB 10,000

28/11/2019

Art. 5 (1) - escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.50 p.m. on 03/08/2019 to 00.40 a.m. on 04/08/2019; the record of the administrative offence was drawn up only on 06/08/2019; absence of an arrest report;

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

Moscow City Court, 28/11/2019

4,000

17835/20

30/03/2020

Kirill Alekseyevich MARTYNENKO

1995

Pomazuyev Aleksandr Yevgenyevich

Vilnius

Manifestation for fair elections to Mosgorduma

03/08/2019

Article 20.2 § 5 of CAO

fine of RUB 10,000

28/11/2019

Art. 5 (1) - escorting to the police station for the sole purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.35 p.m. on 03/08/2019 to 02.00 a.m. on 04/08/2019; absence of an arrest report;

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

Moscow City Court, 28/11/2019

4,000

17888/20

30/03/2020

Natalya Aleksandrovna SAVOSTINA

1976

Pomazuyev Aleksandr Yevgenyevich

Vilnius

Manifestation for fair elections to Mosgorduma

03/08/2019

Article 20.2 § 5 of CAO

fine of RUB 15,000

18/10/2019

Art. 5 (1) - escorting to the police station for the sole purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 5.30 p.m. on 03/08/2019 to 02.20 a.m. on 04/08/2019; absence of an arrest report;

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

Moscow City Court, 18/10/2019

4,000

18155/20

11/03/2020

Sergey Alekseyevich YERMOLAYEV

1987

Memorial Human Rights Centre

Moscow

Manifestation for fair elections to Mosgorduma

03/08/2019

Article 20.2 § 5 of CAO

fine of RUB 15,000

16/09/2019

Art. 5 (1) - escorting to the police station for the sole purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 4.00 p.m. to 11.10 p.m. on 03/08/2019;

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

Moscow City Court, 16/09/2019

4,000

19121/20

23/03/2020

Oleg Ravilyevich SABITOV

1994

Pomazuyev Aleksandr Yevgenyevich

Vilnius

Manifestation for fair elections to Mosgorduma

03/08/2019

Article 20.2 § 5 of CAO

fine of RUB 15,000

10/10/2019

Art. 5 (1) - escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 4.15 p.m. to 10.00 p.m. on 03/08/2019; the record of administrative offence was only drawn up on 06/08/2019; absence of an arrest report;

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

Moscow City Court, 10/10/2019

4,000

19124/20

23/03/2020

Vadim Yevgenyevich BOLSHAKOV

1990

Pomazuyev Aleksandr Yevgenyevich

Vilnius

Manifestation for fair elections to Mosgorduma

03/08/2019

Article 20.2 § 5 of CAO

fine of RUB 15,000

30/10/2019

Art. 5 (1) - escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.00 p.m. to 10.00 p.m. on 03/08/2019; absence of an arrest report;

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

Moscow City Court, 30/10/2019

4,000

19556/20

23/03/2020

Kirill Dmitriyevich BALAK

1995

Pomazuyev Aleksandr Yevgenyevich

Vilnius

Manifestation for fair elections to Mosgorduma

03/08/2019

Article 20.2 § 5 of CAO

fine of RUB 10,000

28/10/2019

Art. 5 (1) - escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 2.40 p.m. to 10.20 p.m. on 03/08/2019; the record of administrative offence was only drawn up on 06/08/2019; absence of an arrest report;

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

Moscow City Court, 28/10/2019

4,000

19770/20

25/03/2020

Irina Aleksandrovna SISEYKINA

1975

Pomazuyev Aleksandr Yevgenyevich

Vilnius

Manifestation for fair elections to Mosgorduma

03/08/2019

Article 20.2 § 5 of CAO

fine of RUB 20,000

02/12/2019

Art. 5 (1) - escorting to the police station for the sole purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 4.30 p.m. on 03/08/2019 to 01.20 a.m. on 04/08/2019; absence of an arrest report;

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

Moscow City Court, 02/12/2019

4,000

32043/20

23/07/2020

Yevgeniy Romanovich DEGTYAREV

1985

Memorial Human Rights Centre

Moscow

Manifestation for fair elections to Mosgorduma

27/07/2019

Article 20.2 § 6.1 of CAO

fine of RUB 10,000

16/12/2019

Art. 5 (1) - escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 8.00 p.m. on 27/07/2019 to 7.00 p.m. on 29/07/2019, the applicant remained in detention even after the record of administrative offence was drawn up, on 28/07/2018;

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

Moscow City Court, 16/12/2019

5,000

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

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