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You are here: BAILII >> Databases >> European Court of Human Rights >> BELOMESTNOV AND OTHERS v. RUSSIA - 50374/21 (Article 11 - Freedom of assembly and association : Third Section Committee) [2024] ECHR 673 (18 July 2024)
URL: http://www.bailii.org/eu/cases/ECHR/2024/673.html
Cite as: [2024] ECHR 673
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THIRD SECTION
CASE OF BELOMESTNOV AND OTHERS v. RUSSIA
(Applications nos. 50374/21 and 31 others -
see appended list)
JUDGMENT
STRASBOURG
18 July 2024
This judgment is final but it may be subject to editorial revision.
In the case of Belomestnov and Others v. Russia,
The European Court of Human Rights (Third Section), sitting as a Committee composed of:
Ioannis Ktistakis, President,
Oddný Mjöll Arnardóttir,
Diana Kovatcheva, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 27 June 2024,
Delivers the following judgment, which was adopted on that date:
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 or participants of public assemblies. They also raised other complaints under the provisions of the Convention.
THE LAW
- 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.
- 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).
- ALLEGED VIOLATION OF ARTICLE 11 OF THE CONVENTION
7. The applicants complained principally of disproportionate measures taken against them as organisers or participants of public assemblies, namely their arrest in relation to the dispersal of these assemblies and their conviction for administrative offences. They relied, expressly or in substance, on Article 11 of the Convention.
8. The Court refers to the principles established in its case-law regarding freedom of assembly (see 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.
- OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW
12. Some 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.
13. Having examined all the material before it, the Court concludes that these complaints also disclose violations of the Convention in the light of its findings in 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 various aspects of unlawful deprivation of liberty of organisers or participants of public assemblies; Karelin v. Russia, no. 926/08, §§ 58-85, 20 September 2016, concerning the absence of a prosecuting party in the proceedings under the Code of Administrative Offences (the CAO); Yartsev v. Russia, no. 16683/17, §§ 28-38, 20 July 2021, concerning restrictions on the right to freedom of expression; Misan v. Russia, no. 4261/04, 2 October 2014 and Kruglov and Others v. Russia, nos. 11264/04 and 15 others, 4 February 2020, concerning unlawful searches; and Elvira Dmitriyeva v. Russia, nos. 60921/17 and 7202/18, §§ 77-90, 30 April 2019, as to administrative conviction for making calls to participate in public assemblies.
- REMAINING COMPLAINTS
14. In view of the above findings, the Court considers that there is no need to deal separately with the remaining complaints under Article 6 of the Convention lodged by some of the applicants and concerning the fairness of the proceedings and the alleged restrictions on the right to examine witnesses.
- APPLICATION OF ARTICLE 41 OF THE CONVENTION
15. 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), as well as taking into account the previous awards made by the Court to Mr Udimov (application no. 8026/23) (compare Ivanov and Others v. Russia [Committee], nos. 44363/14 and 2 others, § 12, 4 June 2020, and Puzanov v. Russia [Committee], nos. 26895/14 and 2 other applications, § 13, 15 September 2022), the Court considers that the finding of a violation in application no. 8026/23 will constitute in itself sufficient just satisfaction and finds it reasonable to award the sums indicated in the appended table to the remaining applicants.
FOR THESE REASONS, THE COURT, UNANIMOUSLY,
- Decides to join the applications;
- Holds that it has jurisdiction to deal with these applications as they relate to the facts that took place before 16 September 2022;
- 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, and finds that there is no need to examine separately the remaining complaints raised by the applicants;
- Holds that these applications disclose a breach of Article 11 of the Convention;
- Holds that there has been a violation of the Convention as regards the other complaints raised under the well-established case-law of the Court (see the appended table);
- Holds
(a) that the finding of a violation in application no. 8026/23 will constitute in itself sufficient just satisfaction;
(b) that the respondent State is to pay the remaining 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;
(c) 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 18 July 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Ioannis Ktistakis
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 / criminal offence | 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] | |
22/09/2021 | Roman Vasilyevich BELOMESTNOV 1991 |
| Manifestation in support of A. Navalnyy
Vladivostok
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Primorye Regional Court 24/05/2021 | Art. 8 (1) - unlawful search - Search of the applicant's flat as part of the criminal investigation against unidentified perpetrators on 06/02/2021 authorised by the Pervorechenskiy District Court of Vladivostok on 05/02/2021; final decision on the matter was taken by the Primorye Regional Court on 23/03/2021; Specific defects: no adequate and sufficient safeguards against abuse: broad terms/wide content and scope of the search warrant (objects and documents not specific enough to restrict police's discretion), no relevant or sufficient reasons to justify the search: no evidence supporting the search authorisation, no relevant or sufficient reasons to justify the search: applicant not a suspect. The regional department of the interior opened criminal investigation on the charges of wilful blocking of transport communications. According to the official version, unidentified persons organised, by means of Internet communications, a gathering. The participants of the gathering blocked the street and, as a result, public buses and ambulances could not follow their routes. The applicant was suspected to be one of the organisers of the gathering. The purpose of the search was to find (1) electronical devices used to document the gathering, (2) documents pertaining to the crime and (3) other objects and documents necessary to establish the circumstances of the case.
| 5,000 | |
11/06/2022 | Olga Mikhaylovna IVANOVA 1989 | Baranova Natalya Andreyevna Moscow | Anti-war protest
Irkutsk
06/03/2022 | article 20.2 § 2 of CAO | 10 days' administrative arrest | Irkutsk Regional Court 16/03/2022 | Art. 5 (1) - unlawful detention - Arrest and detention on 06/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 5,000 | |
18/08/2022 | Vadim Vitalyevich SMIRNOV 1967 | Vasilchenko Olesya Anatolyevna Minyar | Anti-war protest
St Petersburg 06/03/2022 | article 20.2 § 5 of CAO | fine of RUB 10,000 | St Petersburg City Court 19/04/2022 | Art. 5 (1) - unlawful detention - Arrest and detention on 06/03/2022 from 5.15 p.m. to 11 pm. - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO); the complaints were raised in the administrative proceedings,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
25/08/2022 | Konstantin Sergeyevich FROLOV 1988 | Lapuzin Aleksey Sergeyevich Samara | Anti-war protest
Samara
27/02/2022 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Samara Regional Court 28/04/2022 | Art. 5 (1) - unlawful detention - Arrest and detention on 27/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; the complaint was raised in the administrative proceedings,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
15/09/2022 | Semen Aleksandrovich KOVALEV 2001 |
| Anti-war protest
St Petersburg
27/02/2022 | article 20.2 § 6.1 of CAO | fine of RUB 10,000 | St Petersburg City Court 31/05/2022 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 5 (1) - unlawful detention - arrest and detention from 7.12 p.m. on 27/02/2022 to 7 a.m. on 28/02/2022. Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO); raised in the administrative proceedings | 4,000 | |
26/08/2022 | Konstantin Valeryevich CHEMEZOV 1999 |
| Anti-war protest
Yekaterinburg
06/03/2022 | article 20.2 § 5 of CAO | fine of RUB 14,000 | Sverdlovsk Regional Court 02/06/2022 | Art. 5 (1) - unlawful detention - Arrest and detention at the police station after compiling an offence report from 3 p.m. till 6.45 p.m. on 06/03/2022 - Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO); the complaint was raised in the administrative proceedings,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
10/09/2022 | Vladimir Viktorovich RENZHIN 1968 | Kosnyrev Vladislav Vladimirovich Syktyvkar | Anti-war protest
Syktyvkar
24/02/2022 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Supreme Court of the Komi Republic 11/05/2022 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in respect of both sets of administrative proceedings (final relevant decisions were taken by the Supreme Court of the Komi Republic on 11/05/2022 and 10/08/2022 respectively),
Art. 10 (1) - various restrictions on the right to freedom of expression - Conviction under Article 20.3.3 § 1 of CAO for putting up an anti-war poster in Syktyvkar on 24/02/2022; administrative fine of RUB 35,000/ Supreme Court of the Komi Republic on 10/08/2022,
Art. 5 (1) - unlawful detention - Arrest and detention on 24/02/2022: Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; the complaint was raised in the administrative proceedings | 4,500 | |
12/09/2022 | Mark Dmitriyevich POLYAK 1988 | Gerasimov Dmitriy Georgiyevich St Petersburg | Anti-war protest
St Petersburg
27/02/2022
| article 20.2 § 6.1 of CAO | fine of RUB 10,000 | St Petersburg City Court 26/05/2022 |
| 3,500 | |
14/09/2022 | Olga Sergeyena ARTEMYEVA 1996 |
| Anti-war protest
Ufa
27/02/2022 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Supreme Court of the Bashkortostan Republic 16/05/2022 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 5 (1) - unlawful detention - Arrest and detention on 27/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity (raised on appeal in the administrative proceedings). | 4,000 | |
14/09/2022 | Dmitriy Gennadyevich ZAYTSEV 1999 | Polyakov Daniil Alekseyevich Voronezh | Anti-war protest
Voronezh
06/03/2022 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Voronezh Regional Court 21/06/2022 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 5 (1) - unlawful detention - Arrest and detention on 06/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; the complaint was raised in the administrative proceedings | 4,000 | |
14/09/2022 | Pavel Vitalyevich BELYAYEV 1989 | Polyakov Daniil Alekseyevich Voronezh | Anti-war protest
Voronezh
06/03/2022 | article 20.2 § 5 of CAO | fine of RUB 5,000 | Voronezh Regional Court 26/07/2022 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 5 (1) - unlawful detention - Arrest and detention on 06/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; the complaint was raised in the administrative proceedings | 4,000 | |
14/09/2022 | Valeriya Yevgenyevna KOTOVA 2000 | Polyakov Daniil Alekseyevich Voronezh | Anti-war protest
Voronezh
24/02/2022 | article 20.2 § 5 of CAO | fine of RUB 5,000 | Voronezh Regional Court 19/07/2022 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 5 (1) - unlawful detention - Arrest and detention on 24/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; the complaint was raised in the administrative proceedings | 4,000 | |
30/09/2022 | Yelena Konstantinovna GORODNITSYNA 1994 | Lapuzin Aleksey Sergeyevich Samara | Anti-war protest
Samara 27/02/2022 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Samara Regional Court 02/06/2022 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 5 (1) - unlawful detention - Arrest and detention on 27/02/2022 from 3 p.m. to 8.14 p.m. - Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO); the complaint was raised in the administrative proceedings | 4,000 | |
15/09/2022 | Ivan Aleksandrovich SVIRIDOV 2001 | Zinovyev Konstantin Mikhaylovich Nizhniy Novgorod | Anti-war protest
Nizhniy Novgorod
06/03/2022 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Nizhniy Novgorod Regional Court 26/05/2022 | Art. 5 (1) - unlawful detention - Arrest and detention on 06/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; the complaint raised in the administrative proceedings,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
07/10/2022 | Irina Petrovna SHELKUNOVA 1988 | Baranova Natalya Andreyevna Moscow | Anti-war protest
Moscow
27/02/2022 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 07/06/2022 | Art. 5 (1) - unlawful detention - arrest and detention at the police station after compiling an offence report from 7.30 p.m. on 27/02/2022 till 2.00 a.m. on 28/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO); the complaints were raised in the administrative proceedings,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
19/10/2022 | Georgiy Yuryevich SIDORENKO 1998 | Baranova Natalya Andreyevna Moscow | Anti-war protest
Moscow
25/02/2022 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 21/06/2022 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 5 (1) - unlawful detention - Arrest and detention on 25/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; the complaint was raised in the administrative proceedings | 4,000 | |
15/09/2022 | Darya Denisovna ANDRIANOVA 2000 | Slavkin Andrey Anatolyevich Murmansk | Anti-war protest
Murmansk
06/03/2022 | article 20.2 § 2 of CAO | fine of RUB 20,000 | Murmansk Regional Court 30/05/2022 |
| 3,500 | |
17/10/2022 | Anton Aleksandrovich ANDREYEV 1992 |
| Anti-war protest
Moscow
25/02/2022 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Moscow City Court 17/06/2022 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 5 (1) - unlawful detention - Arrest and detention from 9 p.m. on 25/02/2022 to 10 a.m. on 26/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO); the complaints were raised in the administrative proceedings | 4,000 | |
26/10/2022 | Yelizaveta Alekseyevna DADONOVA 1978 | Baranova Natalya Andreyevna Moscow | Anti-war protest
Moscow
06/03/2022
| article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 27/06/2022 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
| 3,500 | |
05/10/2022 | Margarita Igorevna YADROVSKAYA 1992 | Baranova Natalya Andreyevna Moscow | Anti-war protest
Moscow
25/02/2022 | article 20.2 § 5 of CAO | fine of RUB 20,000 | Moscow City Court 07/06/2022 | Art. 5 (1) - unlawful detention - Arrest and detention from 7.45 p.m. on 25/02/2022 to 1.10 a.m. on 26/02/2022 Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (raised in the administrative proceedings),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
27/10/2022 | German Aleksandrovich TITOV 1988 | Arshinova Valeriya Aleksandrovna Moscow | Anti-war protest
Moscow
27/02/2022 | article 20.2 § 6.1 of CAO | fine of RUB 15,000 | Moscow City Court 27/06/2022 | Art. 5 (1) - unlawful detention - Arrest and detention on 27/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity (raised in the administrative proceedings),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
26/10/2022 | Anastasiya Andreyevna SERDYUK 2000 |
| Anti-war protest
Krasnoyarsk
06/03/2022 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Krasnoyarsk Regional Court 29/06/2022 | Art. 5 (1) - unlawful detention - Arrest and detention on 06/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; the complaint was raised in the administrative proceedings,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
11/11/2022 | Nikolay Vladimirovich PTITSYN 1976 | Baranova Natalya Andreyevna Moscow | Anti-war protest
Moscow
13/03/2022 | article 20.2 § 5 of CAO | fine of RUB 20,000 | Moscow City Court 13/07/2022 | Art. 5 (1) - unlawful detention - Arrest and detention from 3 p.m. to 10 p.m. on 13/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO); the complaints were raised in the administrative proceedings,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
29/10/2022 | Anton Vyacheslavovich DENGUBOV 1992 |
| Anti-war protest
Yekaterinburg
06/03/2022 | article 20.2 § 5 of CAO | fine of RUB 20,000 | Sverdlovsk Regional Court 29/06/2022 | Art. 5 (1) - unlawful detention - Arrest and detention from 2.25 p.m. to 11.30 p.m. on 06/03/2022 - Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO); the complaint was raised in the administrative proceedings,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
08/10/2022 | Anna Rifatovna SAYFUTDINOVA 1988 | Lipatova Yelena Vladimirovna Moscow | Anti-war protest
Moscow
24/02/2022 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 09/06/2022 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 5 (1) - unlawful detention - arrest and detention from 7.10p.m. on 24/02/2022 to 1 a.m. 25/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO); the complaints were raised in the administrative proceedings | 4,000 | |
13/11/2022 | Ulyana Aleksandrovna BOGRACHEVA 1974 |
| Manifestation against the war in Ukraine
Moscow
12/03/2022
Anti-war protest
Moscow
24/02/2022 | article 20.2 § 2 of CAO
article 20.2 § 5 of CAO | fine of RUB 20,000
fine of RUB 15,000 | Moscow City Court 13/07/2022
Moscow City Court 19/07/2022 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in respect of both sets of administrative proceedings,
Art. 5 (1) - unlawful detention - Arrest and detention on 13/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; the complaint was raised in the administrative proceedings | 4,000 | |
02/12/2022 | Polina Yuryevna ZHUCHKOVA 2003 |
| Anti-war protest
Moscow
25/02/2022 | article 20.2 § 5 of CAO | fine of RUB 20,000 | Moscow City Court 03/08/2022 | Art. 5 (1) - unlawful detention - Arrest and detention from 8.20 p.m. om 25/02/2022 to 6.32 a.m. on 26/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO); the complaints were raised in the administrative proceedings,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
19/11/2022 | Kristina Vladimirovna DEYEVA 1995 | Tyurina Kristina Olegovna Nizhniy Novgorod | Anti-war protest
Nizhniy Novgorod
06/03/2022 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Nizhniy Novgorod Regional Court 20/07/2022 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 5 (1) - unlawful detention - Arrest and detention on 06/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; the complaint was raised in the administrative proceedings | 4,000 | |
08/12/2022 | Arseniy Nikolayevich VASILENKO 2001 | Ushakov Timofey Borisovich Kokoshkino | Anti-war protest
Moscow
26/02/2022
Anti-war protest Moscow
27/02/2022 | article 20.2 § 5 of CAO
article 20.2 § 5 of CAO | fine of RUB 20,000
fine of RUB 15,000 | Moscow City Court 11/11/2022
Moscow City Court 15/08/2022 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in respect of the proceedings which ended on 15/08/2022 | 4,000 | |
04/01/2023 | Maksim Aleksandrovich DEMINSKIY 1966 |
| Anti-war protest
Moscow
03/03/2022 | article 20.2 § 5 of CAO | fine of RUB 20,000 | Moscow City Court 09/09/2022 | Art. 5 (1) - unlawful detention - Arrest and detention from 7 p.m. on 03/03/2022 to 6 a.m. on 04/03/2022. Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO); the complaints were raised in the administrative proceedings,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
06/01/2023 | Yekaterina Aleksandrovna VIKHANSKAYA 1995 |
| Anti-war protest
Moscow
03/03/2022 | article 20.2 § 5 of CAO | fine of RUB 20,000 | Moscow City Court 09/09/2022 | Art. 5 (1) - unlawful detention - Detention took place from 7.30 p.m. on 03/03/2022 to 2.30 a.m. on 04/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity (raised on appeal in the administrative proceedings),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
27/03/2022 | Mikhail Leontyevich UDIMOV 1955 | Zboroshenko Nikolay Sergeyevich Mytishchi | Anti-war protest
Moscow
20/02/2022 | article 19.3 § 1 of CAO | administrative detention of 15 days | Moscow City Court 25/02/2022 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 5 (1) - unlawful detention - Arrest and detention on 20/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; the complaint was raised in the administrative proceedings | The finding of a violation constitutes sufficient just satisfaction |
[1] Plus any tax that may be chargeable to the applicants.