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You are here: BAILII >> Databases >> European Court of Human Rights >> SLASTENIN AND OTHERS v. RUSSIA - 70345/17 (Judgment : Article 11 - Freedom of assembly and association : Fourth Section Committee) [2023] ECHR 337 (13 April 2023)
URL: http://www.bailii.org/eu/cases/ECHR/2023/337.html
Cite as: [2023] ECHR 337, ECLI:CE:ECHR:2023:0413JUD007034517, CE:ECHR:2023:0413JUD007034517

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FOURTH SECTION

CASE OF SLASTENIN AND OTHERS v. RUSSIA

(Applications nos. 70345/17 and 28 others –

see appended list)

JUDGMENT

STRASBOURG

13 April 2023

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

In the case of Slastenin and Others v. Russia,

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

          Faris Vehabović, President,
          Armen Harutyunyan,
          Anja Seibert-Fohr, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 23 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 the disproportionate measures taken against them as organisers and participants of public assemblies. Some applicants 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. JURISDICTION

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

III. ALLEGED VIOLATION OF ARTICLE 11 OF THE CONVENTION

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

8. The Court refers to the principles established in its case-law regarding freedom of assembly (see 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).

9. In the leading cases of Frumkin v. Russia, no. 74568/12, ECHR 2016 (extracts), Navalnyy and Yashin v. Russia, no. 76204/11, 4 December 2014 and Kasparov and Others v. Russia, no. 21613/07, 3 October 2013, the Court already found a violation in respect of issues similar to those in the present case.

10. Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion as to the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the interferences with the applicants’ freedom of assembly were not “necessary in a democratic society”.

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

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

12. Some applicants submitted other complaints which also raised issues under the Convention and the Protocols thereto, 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. 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 Butkevich v. Russia, no. 5865/07, §§ 63-64, 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, as to administrative escorting to and/or detention in a police station beyond three hours for non-custodial offences, without substantiating the impossibility to compile an offence report at the rally venue or any exceptional circumstances or another valid ground under the Code of Administrative Offences (CAO) or continued detention after the offence report was compiled; Karelin v. Russia, no. 926/08, §§ 58-85, 20 September 2016, concerning the lack of a prosecuting party in administrative-offence proceedings under the CAO; Martynyuk v. Russia, no. 13764/15, §§ 21-28 and 37-43, 8 October 2019, related to the lack of a suspensive effect on an appeal against the sentence of detention; Schatschaschwili v. Germany [GC], no. 9154/10, § 100 et seq., ECHR 2015; Murtazaliyeva v. Russia [GC], no. 36658/05, § 139 et seq., 18 December 2018; Butkevich, §§ 94-103, and Martynyuk, §§ 21-28, both cited above, related to impossibility to question witnesses in a criminal trial (in relation to application no. 14672/20 as indicated in the appended table).

V. REMAINING COMPLAINTS

13. In view of the findings in paragraphs 11 and 12 above, there is no need to examine the other aspects of the complaints raised by some applicants under Articles 5 and 6 of the Convention.

14. Lastly, some applicants also raised other complaints under various Articles of the Convention.

15. The Court has examined these complaints and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto. It follows that this part of the applications must be rejected in accordance with Article 35 § 4 of the Convention.

VI. APPLICATION OF ARTICLE 41 OF THE CONVENTION

16. 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.”

17. Regard being had to the documents in its possession and to its case‑law (see, in particular, Navalnyy and Others v. Russia [Committee], nos. 25809/17 and 14 others, § 22, 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. Holds that it has jurisdiction to deal with these applications as they relate to facts that took place before 16 September 2022;

3. Declares the complaints under Article 11 of the Convention and the other complaints under the well-established case-law of the Court, as set out in the appended table, admissible, decides that it is not necessary to examine the other aspects of the complaints raised by some applicants under Articles 5 and 6 of the Convention, and declares the remainder of the applications inadmissible;

4. Holds that these complaints disclose a breach of Article 11 of the Convention;

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

6. 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 13 April 2023, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Viktoriya Maradudina Faris Vehabović

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 Location Date	Administrative charges	Penalty	Final domestic decision Court Name Date	Other complaints under well-established case-law	Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant (in euros) [1]
70345/17 07/09/2017	Nikita Alekseyevich SLASTENIN 1996	Terekhov Konstantin Ilyich Moscow	Anticorruption rally St Petersburg 12/06/2017	article 19.3 § 1 of CAO and article 20.2 § 5 of CAO	10 days of detention and fine of RUB 10,000	St Petersburg City Court 16/06/2017	Art. 5 (1) - unlawful detention - on 12-13/06/2017 the applicant was kept in a police station after the offence reports had been compiled, Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings, Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the applicant started to serve the sentence of detention immediately after the conviction by the first-instance court; the lodging of appeal or appeal proceedings did not offer suspensive effect	5,000
84272/17 14/12/2017	Vasiliy Vladimirovich DROBYSHEV 1977	Terekhov Konstantin Ilyich Moscow	Anticorruption rally St Petersburg 12/06/2017	article 19.3 § 1 of CAO article 20.2 § 5 of CAO	5 days of detention fine of RUB 10,000	St Petersburg City Court 16/06/2017 St Petersburg City Court 06/07/2017	Art. 5 (1) - unlawful detention - on 12-13/06/2017 escorting to and detention in a police station for and after compiling the offence reports, 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 applicant started to serve the sentence of detention immediately after the conviction by the first-instance court; the lodging of appeal or appeal proceedings did not offer suspensive effect	5,000
84276/17 14/12/2017	Sergey Ivanovich VASILYEV 1985	Terekhov Konstantin Ilyich Moscow	Anticorruption rally St Petersburg 12/06/2017	article 20.2 § 5 of CAO article 19.3 § 1 of CAO	fine of RUB 10,000 5 days of detention	St Petersburg City Court 04/07/2017 St Petersburg City Court 19/06/2017	Art. 5 (1) - unlawful detention - on 12-14/06/2017 escorting to and detention in a police station for and after compiling the offence reports, 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 applicant started to serve the sentence of detention immediately after the conviction by the first-instance court; the lodging of appeal or appeal proceedings did not offer suspensive effect	5,000
3647/18 13/12/2017	Nikita Yuryevich VISSARIONOV 1995	Ratnikova Svetlana Sergeyevna St Petersburg	Anticorruption rally St Petersburg 12/06/2017	article 19.3 § 1 of CAO	12 days of detention	St Petersburg City Court 20/06/2017	Art. 5 (1) - unlawful detention - on 12-13/06/2017 escorting to and detention in a police station for and after compiling the offence report, Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings	5,000
3676/18 08/01/2018	Yekaterina Sergeyevna POZDNYAKOVA 1995	Terekhov Konstantin Ilyich Moscow	Anticorruption rally St Petersburg 12/06/2017	article 20.2 § 5 of CAO	fine of RUB 10,000	St Petersburg City Court 11/07/2017	Art. 5 (1) - unlawful detention - escorting to and detention in a police station on 12-13/06/2017 for and after compiling the offence reports, Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings	5,000
24336/18 08/05/2018	Andrey Vadimovich SHKILNYUK 1998	Yatsenko Irina Aleksandrovna Moscow	Protest rally Moscow 05/11/2017	article 19.3 § 1 of CAO	15 days of detention	Moscow City Court 08/11/2017		5,000
24344/18 10/05/2018	Yevgeniy Georgiyevich LIN 1988	Yatsenko Irina Aleksandrovna Moscow	Protest rally Moscow 05/11/2017	article 19.3 § 1 of CAO	10 days of detention	Moscow City Court 10/11/2017	Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings	5,000
24661/18 29/04/2018	Nikolay Petrovich MIRONOV 1971	Memorial Human Rights Centre Moscow	Protest against political persecution Tula 29/10/2017	article 20.2 § 2 of CAO	8 days of detention	Tula Regional Court 03/11/2017	Art. 5 (1) - unlawful detention - escorting to a police station on 29/10/2017 for the sole purpose of 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	5,000
36109/18 26/07/2018	Dmitriy Sergeyevich MERZLYAKOV 1983	Mikhaylova Varvara Dmitriyevna St Petersburg	Anticorruption rally Moscow 12/06/2017 Rally against the pension reform St Petersburg 09/09/2018	article 20.2 § 5 of CAO article 20.2 § 6.1 of CAO	fine of RUB 15,000 5 days of detention	Moscow City Court 30/01/2018 St Petersburg City Court 11/10/2018	Art. 5 (1) - unlawful detention - on 9-10/09/2018 the applicant remained detained after the offence reports had been compiled, Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of the proceedings	5,000
37029/18 06/07/2018	Dmitriy Vitalyevich PESHKOV 1995		Rally to support A. Navalnyy’s candidacy for President, Novosibirsk 07/10/2017 Rally to support A. Navalniy and L. Volkov, Novosibirsk 30/09/2017 Rally against the pension reform, Novosibirsk 09/09/2018	article 20.2 § 5 of CAO article 20.2 § 5 of CAO article 20.2 § 8 of CAO	fine of RUB 5,000 fine of RUB 5,000 15 days of detention	Novosibirsk Regional Court 16/01/2018 Novosibirsk Regional Court 16/01/2018 Novosibirsk Regional Court 20/09/2018		5,000
42836/18 21/08/2018	Ilya Sergeyevich BOLOBAN 1989	Mezak Ernest Aleksandrovich Saint-Barthélemy d’Anjou	Photo shooting session with banners Inta 14/10/2017	article 20.2 § 2 of CAO	5 days of detention	Supreme Court of Komi Republic 21/02/2018	Art. 5 (1) - unlawful detention - escorting to a police station on 14/10/2017 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	5,000
50126/18 10/10/2018	Sergey Anatolyevich ZHOLOBOV 1998	Zhdanov Ivan Yuryevich Vilnius	Rally against Putin’s re-election Voronezh 05/05/2018	article 20.2 § 5 of CAO article 19.3 § 1 of CAO	fine of RUB 10,000 5 days of detention	Voronezh Regional Court 05/06/2018 Voronezh Regional Court 21/06/2018	Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings	5,000
56357/18 21/11/2018	Aleksandr Vyacheslavovich SHIPANOV 1981	Zhulimov Igor Anatolyevich Penza	Rally relating to the presidential election Penza 05/05/2018 Rally against the pension reform Penza 09/09/2018	article 19.3 § 1 of CAO article 20.2 § 6.1 of CAO	5 days of detention fine of RUB 12,000	Penza Regional Court 22/05/2018 Penza Regional Court 14/02/2019	Art. 5 (1) - unlawful detention - on 14-15/09/2018 escorting to and detention in a police station for and after compiling the offence report concerning the rally on 09/09/2018	5,000
59767/18 06/12/2018	Lyudmila Viktorovna GRABKO 1975	Yatsenko Irina Aleksandrovna Moscow	Rally of mortgage loaners Moscow 28/11/2017	article 20.2 § 5 of CAO	fine of RUB 10,000	Moscow City Court 06/06/2018	Art. 5 (1) - unlawful detention - escorting to a police station on 28/11/2017 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	4,000
3838/19 29/12/2018	Stanislav Mikhaylovich CHEPACHENKO 1986	Popkov Aleksandr Vasilyevich Sochi	Anticorruption rally Krasnodar 05/05/2018	article 19.3 § 1 of CAO	1 day of detention	Krasnodar Regional Court 03/07/2018		4,000
4433/19 10/01/2019	Ivan Igorevich KUTUZOV 1987	Zhdanov Ivan Yuryevich Vilnius	Opposition rally Vladimir 05/05/2018	article 20.2 § 5 of CAO article 19.3 § 1 of CAO	fine of RUB 5,000 1 day of detention	Vladimir Regional Court 02/10/2018 Vladimir Regional Court 12/07/2018	Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings	4,000
12474/19 25/02/2019	Dmitriy Viktorovich OGORODNIKOV 1985	Pomazuyev Aleksandr Yevgenyevich Vilnius	Rally against the pension reform St Petersburg 09/09/2018	article 20.2 § 6.1 of CAO	7 days of detention	St Petersburg City Court 11/10/2018	Art. 5 (1) - unlawful detention - on 09-11/09/2018 the applicant remained detained after the offence report had been compiled, Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings	5,000
18145/19 21/03/2019	Sergey Nikolayevich KOLESNIKOV 1993	Yesipova Alina Vladimirovna St Petersburg	Rally against the pension reform St Petersburg 09/09/2018	article 20.2 § 6.1 of CAO	9 days of detention	St Petersburg City Court 24/09/2018	Art. 5 (1) - unlawful detention - on 09-11/09/2018 the applicant was kept in detention after the offence report had been compiled, Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings	5,000
57173/19 16/10/2019	Bagaudin Mussayevich GAGIYEV 1961	Memorial Human Rights Centre Moscow	Rally concerning the regional statute on referenda Nazran 27/03/2019	article 20.2 § 6.1 of CAO	10 days of detention	Supreme Court of the Ingushetia Republic 16/04/2019	Art. 5 (1) - unlawful detention - escorting to and detention in a police station on 11/04/2019 for compiling an offence report in relation to the rally on 27/03/2019, Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings	EUR 5,000
60672/19 15/11/2019	Albert Magometovich BALAKHOYEV 1992	Memorial Human Rights Centre Moscow	Rally concerning the regional statute on referenda Magas 27/03/2019	article 20.2 § 6.1 of CAO	fine of RUB 20,000	Supreme Court of the Ingushetia Republic 29/05/2019	Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings	3,500
62170/19 22/11/2019	Magomed-Bashir Yusupovich KATSIYEV 1964	Memorial Human Rights Centre Moscow	Rally concerning the regional statute on referenda Magas 27/03/2019	article 20.2 § 5 of CAO	fine of RUB 20,000	Supreme Court of the Ingushetia Republic 22/05/2019	Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings	3,500
63395/19 28/11/2019	Magomed Akhmetovich NAKOSTKHOYEV 1972	Sabinin Andrey Vasilyevich Stavropol	Rally concerning the regional statute on referenda Magas 27/03/2019	article 20.2 § 5 of CAO	fine of RUB 15,000	Supreme Court of the Ingushetia Republic 20/06/2019	Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings	3,500
1661/20 13/12/2019	Murat Zelimkhanovich BEKOV 1947	Memorial Human Rights Centre Moscow	Rally concerning the regional statute on referenda Magas 27/03/2019	article 20.2 § 5 of CAO	fine of RUB 10,000	Supreme Court of the Ingushetia Republic 13/06/2019	Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings	3,500
4314/20 26/12/2019	Savarbek Musayevich UZHAKHOV 1953	Memorial Human Rights Centre Moscow	Rally concerning the regional statute on referenda Magas 27/03/2019	article 20.2 § 5 of CAO	fine of RUB 15,000	Supreme Court of the Ingushetia Republic 03/07/2019		3,500
4320/20 26/12/2019	Askhap Abdurakhmanovich GOYGOV 1956	Memorial Human Rights Centre Moscow	Rally concerning the regional statute on referenda Nazran 27/03/2019	article 20.2 § 6.1 of CAO	fine of RUB 10,000	Supreme Court of the Ingushetia Republic 27/06/2019		3,500
4334/20 26/12/2019	Rezvan Kureyshovich OZDOYEV 1991	Memorial Human Rights Centre Moscow	Rally concerning the regional statute on referenda Magas 27/03/2019	article 20.2 § 5 of CAO	fine of RUB 10,000	Supreme Court of the Ingushetia Republic 11/07/2019		3,500
6839/20 29/01/2020	Svyatoslav Sergeyevich DRUZHININ 2000	Memorial Human Rights Centre Moscow	Rally for fair elections to Mosgorduma Moscow 27/07/2019	article 20.2 § 6.1 of CAO	10 days of detention	Moscow City Court 01/08/2019	Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings	5,000
8660/20 22/01/2020	Ibragim Kureyshovich DUGIYEV 1994	Memorial Human Rights Centre Moscow	Rally concerning the regional statute on referenda Magas 27/03/2019	article 20.2 § 5 of CAO	fine of RUB 15,000	Supreme Court of the Ingushetia Republic 24/07/2019		3,500
14672/20 09/03/2020	Ilya Anatolyevich NIKOLAYEV 1992	Eysmont Mariya Olegovna Moscow	Rally for fair elections to Mosgorduma Moscow 27/07/2019	article 19.3 § 1 of CAO	4 days of detention	Moscow City Court 10/09/2019	Art. 5 (1) - unlawful detention - on 27-29/07/2019 the applicant remained in detention after the offence report had been compiled, Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings, 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 open court witnesses, including police officers on whose written statements the applicant’s conviction was based	5,000

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

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

70345/17

07/09/2017

Nikita Alekseyevich SLASTENIN

1996

Terekhov Konstantin Ilyich

Moscow

Anticorruption rally

St Petersburg

12/06/2017

article 19.3 § 1 of CAO

and

article 20.2 § 5 of CAO

10 days of detention

and

fine of RUB 10,000

St Petersburg City Court

16/06/2017

Art. 5 (1) - unlawful detention - on 12-13/06/2017 the applicant was kept in a police station after the offence reports had been compiled,

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

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the applicant started to serve the sentence of detention immediately after the conviction by the first-instance court; the lodging of appeal or appeal proceedings did not offer suspensive effect

5,000

84272/17

14/12/2017

Vasiliy Vladimirovich DROBYSHEV

1977

Terekhov Konstantin Ilyich

Moscow

Anticorruption rally

St Petersburg

12/06/2017

article 19.3 § 1 of CAO

article 20.2 § 5 of CAO

5 days of detention

fine of RUB 10,000

St Petersburg City Court

16/06/2017

St Petersburg City Court

06/07/2017

Art. 5 (1) - unlawful detention - on 12-13/06/2017 escorting to and detention in a police station for and after compiling the offence reports,

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 applicant started to serve the sentence of detention immediately after the conviction by the first-instance court; the lodging of appeal or appeal proceedings did not offer suspensive effect

5,000

84276/17

14/12/2017

Sergey Ivanovich VASILYEV

1985

Terekhov Konstantin Ilyich

Moscow

Anticorruption rally

St Petersburg

12/06/2017

article 20.2 § 5 of CAO

article 19.3 § 1 of CAO

fine of RUB 10,000

5 days of detention

St Petersburg City Court

04/07/2017

St Petersburg City Court

19/06/2017

Art. 5 (1) - unlawful detention - on 12-14/06/2017 escorting to and detention in a police station for and after compiling the offence reports,

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 applicant started to serve the sentence of detention immediately after the conviction by the first-instance court; the lodging of appeal or appeal proceedings did not offer suspensive effect

5,000

3647/18

13/12/2017

Nikita Yuryevich VISSARIONOV

1995

Ratnikova Svetlana Sergeyevna

St Petersburg

Anticorruption rally

St Petersburg

12/06/2017

article 19.3 § 1 of CAO

12 days of detention

St Petersburg City Court

20/06/2017

Art. 5 (1) - unlawful detention - on 12-13/06/2017 escorting to and detention in a police station for and after compiling the offence report,

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

5,000

3676/18

08/01/2018

Yekaterina Sergeyevna POZDNYAKOVA

1995

Terekhov Konstantin Ilyich

Moscow

Anticorruption rally

St Petersburg

12/06/2017

article 20.2 § 5 of CAO

fine of RUB 10,000

St Petersburg City Court

11/07/2017

Art. 5 (1) - unlawful detention - escorting to and detention in a police station on 12-13/06/2017 for and after compiling the offence reports,

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

5,000

24336/18

08/05/2018

Andrey Vadimovich SHKILNYUK

1998

Yatsenko Irina Aleksandrovna

Moscow

Protest rally

Moscow

05/11/2017

article 19.3 § 1 of CAO

15 days of detention

Moscow City Court

08/11/2017

5,000

24344/18

10/05/2018

Yevgeniy Georgiyevich LIN

1988

Yatsenko Irina Aleksandrovna

Moscow

Protest rally

Moscow

05/11/2017

article 19.3 § 1 of CAO

10 days of detention

Moscow City Court

10/11/2017

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

5,000

24661/18

29/04/2018

Nikolay Petrovich MIRONOV

1971

Memorial Human Rights Centre

Moscow

Protest against political persecution

Tula

29/10/2017

article 20.2 § 2 of CAO

8 days of detention

Tula Regional Court

03/11/2017

Art. 5 (1) - unlawful detention - escorting to a police station on 29/10/2017 for the sole purpose of 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

5,000

36109/18

26/07/2018

Dmitriy Sergeyevich MERZLYAKOV

1983

Mikhaylova Varvara Dmitriyevna

St Petersburg

Anticorruption rally

Moscow

12/06/2017

Rally against the pension reform

St Petersburg

09/09/2018

article 20.2 § 5 of CAO

article 20.2 § 6.1 of CAO

fine of RUB 15,000

5 days of detention

Moscow City Court

30/01/2018

St Petersburg City Court

11/10/2018

Art. 5 (1) - unlawful detention - on 9-10/09/2018 the applicant remained detained after the offence reports had been compiled,

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

5,000

37029/18

06/07/2018

Dmitriy Vitalyevich PESHKOV

1995

Rally to support A. Navalnyy’s candidacy for President,

Novosibirsk

07/10/2017

Rally to support A. Navalniy and L. Volkov,

Novosibirsk

30/09/2017

Rally against the pension reform,

Novosibirsk

09/09/2018

article 20.2 § 5 of CAO

article 20.2 § 8 of CAO

fine of RUB 5,000

15 days of detention

Novosibirsk Regional Court

16/01/2018

Novosibirsk Regional Court

16/01/2018

Novosibirsk Regional Court

20/09/2018

5,000

42836/18

21/08/2018

Ilya Sergeyevich BOLOBAN

1989

Mezak Ernest Aleksandrovich

Saint-Barthélemy d’Anjou

Photo shooting session with banners

Inta

14/10/2017

article 20.2 § 2 of CAO

5 days of detention

Supreme Court of Komi Republic

21/02/2018

Art. 5 (1) - unlawful detention - escorting to a police station on 14/10/2017 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

5,000

50126/18

10/10/2018

Sergey Anatolyevich ZHOLOBOV

1998

Zhdanov Ivan Yuryevich

Vilnius

Rally against Putin’s re-election

Voronezh

05/05/2018

article 20.2 § 5 of CAO

article 19.3 § 1 of CAO

fine of RUB 10,000

5 days of detention

Voronezh Regional Court

05/06/2018

Voronezh Regional Court

21/06/2018

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

5,000

56357/18

21/11/2018

Aleksandr Vyacheslavovich SHIPANOV

1981

Zhulimov Igor Anatolyevich

Penza

Rally relating to the presidential election

Penza

05/05/2018

Rally against the pension reform

Penza

09/09/2018

article 19.3 § 1 of CAO

article 20.2 § 6.1 of CAO

5 days of detention

fine of RUB 12,000

Penza Regional Court

22/05/2018

Penza Regional Court

14/02/2019

Art. 5 (1) - unlawful detention - on 14-15/09/2018 escorting to and detention in a police station for and after compiling the offence report concerning the rally on 09/09/2018

5,000

59767/18

06/12/2018

Lyudmila Viktorovna GRABKO

1975

Yatsenko Irina Aleksandrovna

Moscow

Rally of mortgage loaners

Moscow

28/11/2017

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

06/06/2018

Art. 5 (1) - unlawful detention - escorting to a police station on 28/11/2017 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

4,000

3838/19

29/12/2018

Stanislav Mikhaylovich CHEPACHENKO

1986

Popkov Aleksandr Vasilyevich

Sochi

Anticorruption rally

Krasnodar

05/05/2018

article 19.3 § 1 of CAO

1 day of detention

Krasnodar Regional Court

03/07/2018

4,000

4433/19

10/01/2019

Ivan Igorevich KUTUZOV

1987

Zhdanov Ivan Yuryevich

Vilnius

Opposition rally

Vladimir

05/05/2018

article 20.2 § 5 of CAO

article 19.3 § 1 of CAO

fine of RUB 5,000

1 day of detention

Vladimir Regional Court

02/10/2018

Vladimir Regional Court

12/07/2018

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

4,000

12474/19

25/02/2019

Dmitriy Viktorovich OGORODNIKOV

1985

Pomazuyev Aleksandr Yevgenyevich

Vilnius

Rally against the pension reform

St Petersburg

09/09/2018

article 20.2 § 6.1 of CAO

7 days of detention

St Petersburg City Court

11/10/2018

Art. 5 (1) - unlawful detention - on 09-11/09/2018 the applicant remained detained after the offence report had been compiled,

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

5,000

18145/19

21/03/2019

Sergey Nikolayevich KOLESNIKOV

1993

Yesipova Alina Vladimirovna

St Petersburg

Rally against the pension reform

St Petersburg

09/09/2018

article 20.2 § 6.1 of CAO

9 days of detention

St Petersburg City Court

24/09/2018

Art. 5 (1) - unlawful detention - on 09-11/09/2018 the applicant was kept in detention after the offence report had been compiled,

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

5,000

57173/19

16/10/2019

Bagaudin Mussayevich

GAGIYEV

1961

Memorial Human Rights Centre

Moscow

Rally concerning the regional statute on referenda

Nazran

27/03/2019

article 20.2 § 6.1 of CAO

10 days of detention

Supreme Court of the Ingushetia Republic

16/04/2019

Art. 5 (1) - unlawful detention - escorting to and detention in a police station on 11/04/2019 for compiling an offence report in relation to the rally on 27/03/2019,

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

EUR 5,000

60672/19

15/11/2019

Albert Magometovich BALAKHOYEV

1992

Memorial Human Rights Centre

Moscow

Rally concerning the regional statute on referenda

Magas

27/03/2019

article 20.2 § 6.1 of CAO

fine of RUB 20,000

Supreme Court of the Ingushetia Republic

29/05/2019

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

3,500

62170/19

22/11/2019

Magomed-Bashir Yusupovich KATSIYEV

1964

Memorial Human Rights Centre

Moscow

Rally concerning the regional statute on referenda

Magas

27/03/2019

article 20.2 § 5 of CAO

fine of RUB 20,000

Supreme Court of the Ingushetia Republic

22/05/2019

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

3,500

63395/19

28/11/2019

Magomed Akhmetovich NAKOSTKHOYEV

1972

Sabinin Andrey Vasilyevich

Stavropol

Rally concerning the regional statute on referenda

Magas

27/03/2019

article 20.2 § 5 of CAO

fine of RUB 15,000

Supreme Court of the Ingushetia Republic

20/06/2019

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

3,500

1661/20

13/12/2019

Murat Zelimkhanovich BEKOV

1947

Memorial Human Rights Centre

Moscow

Rally concerning the regional statute on referenda

Magas

27/03/2019

article 20.2 § 5 of CAO

fine of RUB 10,000

Supreme Court of the Ingushetia Republic

13/06/2019

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

3,500

4314/20

26/12/2019

Savarbek Musayevich UZHAKHOV

1953

Memorial Human Rights Centre

Moscow

Rally concerning the regional statute on referenda

Magas

27/03/2019

article 20.2 § 5 of CAO

fine of RUB 15,000

Supreme Court of the Ingushetia Republic

03/07/2019

3,500

4320/20

26/12/2019

Askhap Abdurakhmanovich GOYGOV

1956

Memorial Human Rights Centre

Moscow

Rally concerning the regional statute on referenda

Nazran

27/03/2019

article 20.2 § 6.1 of CAO

fine of RUB 10,000

Supreme Court of the Ingushetia Republic

27/06/2019

3,500

4334/20

26/12/2019

Rezvan Kureyshovich OZDOYEV

1991

Memorial Human Rights Centre

Moscow

Rally concerning the regional statute on referenda

Magas

27/03/2019

article 20.2 § 5 of CAO

fine of RUB 10,000

Supreme Court of the Ingushetia Republic

11/07/2019

3,500

6839/20

29/01/2020

Svyatoslav Sergeyevich DRUZHININ

2000

Memorial Human Rights Centre

Moscow

Rally for fair elections to Mosgorduma

Moscow

27/07/2019

article 20.2 § 6.1 of CAO

10 days of detention

Moscow City Court

01/08/2019

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

5,000

8660/20

22/01/2020

Ibragim Kureyshovich DUGIYEV

1994

Memorial Human Rights Centre

Moscow

Rally concerning the regional statute on referenda

Magas

27/03/2019

article 20.2 § 5 of CAO

fine of RUB 15,000

Supreme Court of the Ingushetia Republic

24/07/2019

3,500

14672/20

09/03/2020

Ilya Anatolyevich NIKOLAYEV

1992

Eysmont Mariya Olegovna

Moscow

Rally for fair elections to Mosgorduma

Moscow

27/07/2019

article 19.3 § 1 of CAO

4 days of detention

Moscow City Court

10/09/2019

Art. 5 (1) - unlawful detention - on 27-29/07/2019 the applicant remained in detention after the offence report had been compiled,

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

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 open court witnesses, including police officers on whose written statements the applicant’s conviction was based

5,000

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

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