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You are here: BAILII >> Databases >> European Court of Human Rights >> KIRPICHEV (KIRPICHENKO) AND OTHERS v. RUSSIA - 44850/18 (Article 11 - Freedom of assembly and association : Third Section Committee) [2023] ECHR 869 (09 November 2023) URL: http://www.bailii.org/eu/cases/ECHR/2023/869.html Cite as: [2023] ECHR 869 |
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THIRD SECTION
CASE OF KIRPICHEV (KIRPICHENKO) AND OTHERS v. RUSSIA
(Applications nos. 44850/18 and 27 others -
see appended list)
JUDGMENT
STRASBOURG
9 November 2023
This judgment is final but it may be subject to editorial revision.
In the case of Kirpichev (Kirpichenko) and Others v. Russia,
The European Court of Human Rights (Third Section), sitting as a Committee composed of:
Peeter Roosma, President,
Ioannis Ktistakis,
Andreas Zünd, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 19 October 2023,
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. Some of them also raised other complaints under the provisions of the Convention.
THE LAW
5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.
6. The Court observes that the facts giving rise to the alleged violations of the Convention occurred prior to 16 September 2022, the date on which the Russian Federation ceased to be a party to the Convention. The Court therefore decides that it has jurisdiction to examine the present applications (see Fedotova and Others v. Russia [GC], nos. 40792/10 and 2 others, §§ 68-73, 17 January 2023).
7. The Court observes that Mr V. Borodin (applicant in application no. 35843/21) died while the case was pending before the Court. His wife, Ms Borodina, expressed her wish to continue the proceedings in his stead (see appended table).
8. The Court reiterates that where an applicant dies during the examination of a case, his or her heirs or close relatives may in principle pursue the application on his or her behalf (see Ječius v. Lithuania, no. 34578/97, § 41, ECHR 2000-IX, and concerning, more specifically, complaints under Article 11 of the Convention, Savenko and Others v. Russia, no. 13918/06, § 52, 14 September 2021, and references cited therein). In the present case, the applicant's widow submitted documents confirming that she was the applicant's heir. In these circumstances, the Court considers that Ms Borodina has a legitimate interest in pursuing the application in place of her late husband (ibidem, § 53).
9. 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.
10. 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).
11. 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.
12. 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".
13. These complaints are therefore admissible and disclose a breach of Article 11 of the Convention.
14. Some applicants submitted other complaints which also raised issues under the Convention and its Protocols, given the relevant well-established case-law of the Court (see 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.
15. Having examined all the material before it, the Court concludes that these complaints also disclose violations of the Convention and its Protocols in the light of its findings in Butkevich v. Russia, no. 5865/07, §§ 63-65, 13 February 2018, Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 115-31, 10 April 2018, and Korneyeva v. Russia, no. 72051/17, §§ 34-36, 8 October 2019, as to various aspects of unlawful deprivation of liberty of organisers or participants of public assemblies; Grigoryev and Igamberdiyeva v. Russia [Committee], no. 10970/12, 12 February 2019, about inadequate redress for unlawful deprivation of liberty in the context of administrative-offence prosecution for participation in public events; 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); Gankin and Others v. Russia, nos. 2430/06 and 3 others, §§ 25-44, 31 May 2016, as to the applicant's absence at the appeal hearings; Glukhin v. Russia, no. 11519/20, §§ 64-91, 4 July 2023, concerning unjustified processing of the applicant's personal biometric data by using highly intrusive facial recognition technology in administrative offence proceedings in order to identify, locate and arrest him; Novikova and Others v. Russia, nos. 25501/07 and 4 others, §§ 106-225, 26 April 2016, related to disproportionate measures taken by the authorities against participants of solo manifestations; Elvira Dmitriyeva v. Russia, nos. 60921/17 and 7202/18, §§ 77-90, 30 April 2019, concerning administrative convictions for making calls to participate in public events; Teslenko and Others v. Russia, nos. 49588/12 and 3 others, §§ 99-145, 5 April 2022, concerning prosecution for administrative offences for calling on voters not to vote for a specific political party or to abstain from voting in elections; mutatis mutandis, Sürek v. Turkey (no. 1) [GC], no. 26682/95, § 58, ECHR 1999-IV, and Mariya Alekhina and Others v. Russia, no. 38004/12, §§ 197-201, 17 July 2018, concerning administrative conviction for discreditation of the Russian Army in the context of anti-war protest actions; Martynyuk v. Russia, no. 13764/15, §§ 38-42, 8 October 2019, and Tsvetkova and Others, cited above, §§ 178-88, relating to the lack of suspensive effect of an appeal against the sentence of administrative detention; Korneyeva, cited above, §§ 62-65, as to the right of the organisers or participants of public assemblies not to be tried and punished twice for the same offence.
16. The Court has further examined the complaint under Article 6 raised by the applicant in application no. 35843/21, and considers that, in the light of all the material in its possession, this complaint does not disclose any appearance of a violation of that provision. It follows that this part of the application must be rejected in accordance with Article 35 § 4 of the Convention.
17. Some applicants raised further additional complaints under Article 6 of the Convention concerning other aspects of fairness of the administrative-offence proceedings. In view of the findings in paragraphs 12 and 15 above, the Court considers that there is no need to deal separately with these remaining complaints.
18. 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,
(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) hat 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 9 November 2023, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Peeter Roosma
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] | |
11/09/2018 | Aleksandr Mikhaylovich KIRPICHEV (KIRPICHENKO) 1984 |
| Rally against falsification of presidential elections
St Petersburg
28/01/2018
Rally against the war in Ukraine
St Petersburg
03/03/2022 | article 19.3 § 1 of CAO, article 20.2 § 5 of CAO
article 20.2 § 2 of CAO | administrative detention of 10 days (art. 19.3 § 1), fine of RUB 15,000 (art. 20.2 § 5)
fine of RUB 10,000 | St Petersburg City Court, 16/03/2018 and 19/04/2018
St Petersburg City Court 05/04/2022 | Art. 5 (1) - unlawful deprivation of liberty: 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 7.00 p.m. on 13/03/2018 to 14/03/2028, - from 7.30 p.m. on 03/03/2022 to 04/03/2022. Both times the applicant was detained until the hearings in his administrative-offence cases;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of the administrative-offence proceedings - final decisions: St Petersburg City Court, 16/03/2018, 19/04/2018, 14/05/2018 and 05/04/2022;
Art. 10 (1) - various restrictions on the right to freedom of expression - administrative conviction under art. 5.12 § 1 of the CAO (production or dissemination of printed, audio-visual, or other campaigning material in breach of the electoral legislation) for distribution of leaflets against the elections on 10/02/2018; fine of RUB 1,000; final decision: 14/05/2018, St Petersburg City Court;
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant on 14/03/2018 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO (the appeal was considered on 16/03/2018);
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was convicted twice for participation in the same public event: under Art. 19.3 § 1 (administrative detention), and under Art. 20.2 § 5 (fine) of the CAO
| 5,000 | |
25/10/2018 | Aleksey Sergeyevich BELOZEROV 1988 | Peredruk Aleksandr Dmitriyevich St Petersburg | Rally in support of Mr A Navalnyy
St Petersburg
05/05/2018 | article 19.3 § 1 of CAO, article 20.2 § 8 of CAO | administrative detention of 15 days, fine of RUB 170,000 | St Petersburg City Court, 16/05/2018 and 18/05/2018 | Art. 5 (1) - unlawful deprivation of liberty: escorting to a 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 12/06/2017 to 14/06/2017, hearing in the applicant's administrative-offence case (complaint raised in the compensation proceedings following the quashing of the applicant's administrative conviction under art. 19.3 § 1 of the CAO for his participation in a rally in 2017; his action was partly granted, and he was awarded about 580 EUR for pre-trial detention and post-conviction detention; final decision: Single Judge of the Supreme Court, 08/12/2020),
2) from 4.30 p.m. on 05/05/2018 (the applicant spent more than 4 hours in the police van) to 06/05/2018, hearing in the applicant's administrative-offence case;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of the administrative-offence proceedings - final decisions: St Petersburg City Court, 16/05/2018 and 18/05/2018;
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - The applicant was convicted twice - under art. 19.3 § 1 (administrative detention) and under art. 20.2 § 8 (fine) of the CAO for his participation in the same public event of 05/05/2018
| 5,000 | |
25/10/2018 | Andrey Andreyevich GRAF 1991 |
| Rally against Mr Putin's re-election as President
St Petersburg
05/05/2018
Anti-government rally
St Petersburg
07/10/2018 | article 20.2 § 5 of CAO
article 20.2 § 8 of CAO | fine of RUB 10,000
administrative detention of 15 days | St Petersburg City Court 26/07/2018
St Petersburg City Court 11/10/2018 | Art. 5 (1) - unlawful deprivation of liberty: escorting to a 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. on 05/05/2018 to 9.15 a.m. on 06/05/2018. Following the discontinuation of the proceedings under art. 19.3 § 1 of the CAO, the applicant brought a compensation action and was granted RUB 3,000 (38 EUR). Final decision: 24/12/2020, Supreme Court of Russia;
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 sets of administrative-offence proceedings which ended with the final decisions of St Petersburg City Court on 24/07/2018 and of 11/10/2018
| 5,000 | |
23/04/2019 | Aleksey Nikolayevich NIKITIN 1969 |
| Rally against pension reform
Krasnodar
09/09/2018
"Stroll"/rally against raising prices for public transport (14 participants)
Krasnodar
24/12/2018
Rally in support of Mr A Navalnyy
Krasnodar
31/01/2021 | article 19.3 § 1 of CAO
article 20.2 § 2 of CAO
article 20.2 § 8 of CAO | administrative detention of 5 days
administrative detention of 5 days
fine of RUB 20,000 | Krasnodar Regional Court, decision of 25/09/2018 adopted in the applicant's absence and received on 26/10/2018
Krasnodar Regional Court 06/02/2019
Krasnodar Regional Court 09/12/2021 | Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 6.00 p.m. on 26/12/2018 to at least 2.00 p.m. on 27/12/2018, hearing in the applicant's administrative offence case;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of the administrative-offence proceedings - final decisions: Krasnodar Regional Court, 25/09/2018, 06/02/2019 and 06/03/2019;
Art. 6 (1) - applicant's absence from administrative-offence proceedings - The applicant came to the appeal hearings scheduled on 25/09/2018. He waited for 6 hours in front of the judge's office, in vain, he was never called. On 26/09/2018 he complained to the president of the court. By a letter of 26/10/2018, the Krasnodar Regional Court answered that the appeal decision was adopted on 25/09/2018. There is no assessment in the decision of the issue of the applicant's absence;
Art. 10 (1) - disproportionate measures against solo demonstrators - Krasnodar, 20/12/2018, solo demonstration against rising prices for public transport; administrative conviction under art. 20.2 § 5 of CAO to a fine of RUB 10,000; final decision: Krasnodar Regional Court, 06/03/2019;
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant on 27/12/2018 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
| 5,000 | |
02/06/2021 | Vadim Vilyevich KHAYRULLIN 1972 | Memorial Human Rights Centre Moscow | Rally in support of Mr A Navalnyy
Kaliningrad
31/01/2021 | article 20.2 § 2 of CAO | administrative detention of 5 days | Kaliningrad Region Court 11/02/2021 | Art. 5 (1) - unlawful deprivation of liberty: 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 1.30 p.m. on 31/01/2021 to 11.00 a.m. on 02/02/2021, hearing on the applicant's administrative-offence case;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of the administrative-offence proceedings - final decisions: Kaliningrad Region Court, 11/02/2021 and 23/03/2021;
Art. 10 (1) - disproportionate measures against solo demonstrators - Solo picketing in support to Belarus on 29/08/2020 in Kaliningrad; the applicant was convicted under art. 20.2 § 5 of the CAO and sentenced to an administrative fine of RUB 20,000; final decision: Kaliningrad Regional Court, 23/03/2021
| 5,000 | |
11/05/2021 | Dmitriy Viktorovich TOLMACHEV 1970 | Ivanets Vyacheslav Sergeyevich Tbilisi, Georgia | Political rally
Irkutsk
31/01/2021
Rally in support to Mr A. Navalnyy
Irkutsk
21/04/2021 | article 20.2 § 5 of CAO
article 20.2 § 2 of CAO | fine of RUB 15,000
administrative detention of 9 days | Irkutsk Regional Court 23/09/2021
Irkutsk Regional Court 29/04/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of the administrative-offence proceedings - final decisions: Irkutsk Regional Court, 29/04/2021 and 23/09/2021 | 5,000 | |
21/05/2021 | Gleb Maksimovich SHIN 1998 | Sokolov Yevgeniy Vladislavovich Belgorod | Rally in support of Mr A Navalnyy
Belgorod
31/01/2021
| article 20.2 § 5 of CAO | community works of 20 hours | Belgorod Regional Court 15/03/2021 |
| 3,500 | |
15/05/2021 | Boris Yulyevich KAGARLITSKIY 1958 | Gilmanov Mansur Idrisovich Podolsk | Rally against the constitutional amendments
Moscow
15/07/2020 | article 20.2 § 6.1 of CAO | fine of RUB 10,000 | Moscow City Court 16/11/2020 | Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 8.30 p.m. on 15/07/2020 to 2.30 a.m. on 16/07/2020;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 16/11/2020
| 5,000 | |
07/06/2021 | Ramazan Ramazanovich RADZHABOV 1998 | Memorial Human Rights Centre Moscow | Rally in support of Mr A Navalnyy
Moscow
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 16/03/2021 | Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 4.51 p.m. on 23/01/2021 to 1.00 a.m. on 24/01/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 16/03/2021
| 5,000 | |
11/06/2021 | Andrey Ramilevich BOYKO 1990 | Memorial Human Rights Centre Moscow | Rally in support of Mr A Navalnyy
Moscow
02/02/2021 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Moscow City Court 28/04/2021 | Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 10.08 a.m. to 4.35 p.m. on 02/02/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 28/04/2021
| 5,000 | |
14/06/2021 | Konstantin Olegovich DYDZINSKIY 1975 |
| Rally (collection of signatures) against constitutional amendments
Moscow
15/07/2020 | article 20.2 § 8 of CAO | fine of RUB 200,000 | Moscow City Court 14/12/2020 | Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 10.00 p.m. on 15/07/2020 to 4.30 a.m. on 16/07/2020, while the said record was drawn up only on 30/07/2020;
| 6,000 | |
01/06/2021 | Kamil Ramilevich GALEYEV 1992 | Kurakina Polina Sergeyevna Moscow | Rally in support of Mr A Navalnyy
Moscow
23/01/2021 | article 20.2 § 6.1 of CAO | administrative detention of 10 days | Moscow City Court 05/02/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 05/02/2021;
Art. 8 (2) - restrictions on the right to private life of participants in public assemblies - use of facial recognition technology for the identification of the applicant as a participant of a rally and his subsequent conviction
| 9,800 | |
13/06/2021
| Anton Ivanovich SORVACHEV 1982
Petr Viktorovich BORKOV 1986
Petr Viktorovich SHVAREV 1993 | Mezak Ernest Aleksandrovich Saint-Barthélemy-d'Anjou | Rally in support of Mr A Navalnyy
Syktyvkar
31/01/2021 | article 20.2 § 5 of CAO | fines of RUB 10,000, 17,000 and 10,000 respectively of the three applicants | Supreme Court Komi Republic, 31/03/2021, 07/04/2021 and 07/04/2021, respectively | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of the administrative-offence proceedings - final decisions: Supreme Court of the Komi Republic, 31/03/2021, 07/04/2021 and 07/04/2021 (in respect of each of three applicants) | 4,000 | |
01/06/2021 | Dmitriy Nikolayevich SKURIKHIN 1974 |
| Commemoration of Boris Nemtsov
St Petersburg
29/02/2020 | article 20.2 § 5 of CAO | fine of RUB 10,000 | St Petersburg City Court 01/12/2020 | Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", in the morning on 23/01/2023 (in order to prevent the applicant's participation in the rally in support to Mr A. Navalnyy), then from 7.00 p.m. on 23/01/2021 to 24/01/2021, hearing in the applicant's administrative-offence case;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of the administrative-offence proceedings - final decisions: St Petersburg City Court, 02/02/2021 and 05/07/2022;
Art. 10 (1) - conviction for making calls to participate in public events - conviction for having made calls on 17/01/2021 to participate in an unauthorised public event in support of Mr A. Navalnyy scheduled for 23/01/2021, art. 20.2 § 8 of the CAO, administrative detention of 20 days. Final decision: St Petersburg City Court, 02/02/2021;
Art. 10 (1) - disproportionate measures against solo demonstrators - On 06/03/2022 the applicant held a solo picket in St Petersburg, against the war in Ukraine. He was administratively convicted, under art. 20.3.3 § 1 of the CAO (discreditation of the Russian army) and fined to RUB 45,000. Final decision: St Petersburg City Court, 05/07/2022
| 5,000 | |
03/06/2021 | Aleksandr Vladimirovich BOGOMAZ 1976 | Sabinin Andrey Vasilyevich Stavropol | Rally in support of Mr A Navalnyy
Smolensk
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 14,000 | Smolensk Regional Court 17/03/2021 | Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, from 2.00 p.m. to 5.00 p.m. on 31/01/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Smolensk Regional Court, 17/03/2021 | 5,000 | |
06/06/2021 | Albina Romanovna YANOVA 1993 | Zubarev Dmitriy Vladimirovich Vladivostok | Rally in support of Mr A Navalnyy
Vladivostok
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Primorye Regional Court 20/04/2021 | Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 2.56 p.m. to 10.20 p.m. on 31/01/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Primorye Regional Court, 20/04/2021
| 5,000 | |
25/06/2021 | Pavel Yuryevich TEMNIKOV 1986 | Memorial Human Rights Centre Moscow | Rally in support of Mr A Navalnyy
Moscow
02/02/2021 | article 20.2 § 5 of CAO | fine of RUB 20,000 | Moscow City Court 21/05/2021 | Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 11 a.m. to 4.30 p.m. on 02/02/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 21/05/2021
| 5,000 | |
25/06/2021 | Dmitriy Andreyevich SKIRTA 1997 | Memorial Human Rights Centre Moscow | Rally in support of Mr A Navalnyy
Moscow
31/01/2021 | article 20.2 § 6.1 of CAO | administrative detention of 3 days | Moscow City Court 08/04/2021 | Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 12.30 p.m. to 09.00 p.m. on 31/01/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 08/04/2021
| 5,000 | |
25/06/2021 | Kirill Aleksandrovich KARPOV 1992 | Memorial Human Rights Centre Moscow | Rally in support of Mr A Navalnyy
Moscow
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 19/05/2021 | Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 5.00 and 11.10 p.m. on 23/01/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 19/05/2021 | 5,000 | |
25/06/2021 | Georgiy Andreyevich SAPOZHNIKOV 1988 | Memorial Human Rights Centre Moscow | Rally in support of Mr A Navalnyy
Moscow
23/01/2021 | article 20.2 § 6.1 of CAO | fine of RUB 10,000 | Moscow City Court 10/03/2021 | Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 5.10 p.m. on 23/01/2021 to 7.00 p.m. on 25/01/2021, hearing in the applicant's administrative-offence case;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 10/03/2021
| 5,000 | |
25/06/2021 | Anna Yuryevna KUTSENKO 2001 | Memorial Human Rights Centre Moscow | Rally in support of Mr A Navalnyy
Moscow
02/02/2021 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Moscow City Court 20/04/2021 | Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 11.00 a.m. to 4.10 p.m. on 02/02/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 20/04/2021 | 5,000 | |
25/06/2021 | Dmitriy Vladimirovich LUKIN 1996 | Memorial Human Rights Centre Moscow | Rally in support of Mr A Navalnyy
Moscow
02/02/2021 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Moscow City Court 20/04/2021 | Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 10.30 a.m. to 5.10 p.m. on 02/02/2021; the applicant spent 2h30 in the police van;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 20/04/2021
| 5,000 | |
25/06/2021 | Oleg Anatolyevich MAKAYEV 1989 | Memorial Human Rights Centre Moscow | Rally in support of Mr A Navalnyy
Moscow
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Moscow City Court 26/04/2021 | Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 2.30 p.m. to 8.30 p.m. on 31/01/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 26/04/2021
| 5,000 | |
18/06/2021 | Sergey Aleksandrovich ANDREYEV 1975 | Memorial Human Rights Centre Moscow | Rally in support of Mr A Navalnyy
Moscow
23/01/2021 | article 20.2 § 6.1 of CAO | fine of RUB 15,000 | Moscow City Court 18/02/2021 | Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 5.00 p.m. 23/01/2021 to 7.00 p.m. on 25/01/2021, hearing in the applicant's administrative-offence case'
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 18/02/2021
| 5,000 | |
02/07/2021 | Aleksey Aleksandrovich GRUZDEV 1972 | Kurochko Yelena Viktorovna Vologda | Rally in support of Mr A Navalnyy
Vologda
31/01/2021 | article 20.2 § 2 of CAO | fine of RUB 20,000 | Vologda Regional Court 11/03/2021 |
| 3,500 | |
27/06/2021 | Sergey Mikhaylovich SKVORTSOV 1990 | Bochilo Anna Yevgenyevna Barnaul | Rally in support of Mr A Navalnyy
Lipetsk
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Lipetsk Regional Court 18/03/2021 | Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 2.00 p.m. on 23/01/2021 to 2.00 a.m. on 24/01/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Lipetsk Regional Court, 18/03/2021
| 5,000 | |
31/05/2021 | Vadim Dmitriyevich BORODIN 1960 In March 2022 the applicant died. His widow Ms T. Borodina expressed the wish to pursue the application on his behalf
|
| Rally in support of Mr A Navalnyy
Magnitogorsk
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Chelyabinsk Regional Court 31/03/2021 |
| 3,500 | |
07/07/2021 | Yana Igorevna TEPLITSKAYA 1991 | Pershakova Yelena Yuryevna Moscow | Rally in support of the persons accused in the "Set" criminal case
St Petersburg
22/06/2020 | article 20.2 § 5 of CAO | fine of RUB 10,000 | St Petersburg City Court 02/02/2021 | Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 12.45 p.m. to 10.20 p.m. on 22/06/2020, no record of the applicant's detention was drawn up;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: St Petersburg City Court, 02/02/2021
| 5,000 |
[1] Plus any tax that may be chargeable to the applicants.
