KONINA AND OTHERS v. RUSSIA - 49126/21 (Article 11 - Freedom of assembly and association : First Section Committee) [2024] ECHR 612 (04 July 2024)


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European Court of Human Rights


You are here: BAILII >> Databases >> European Court of Human Rights >> KONINA AND OTHERS v. RUSSIA - 49126/21 (Article 11 - Freedom of assembly and association : First Section Committee) [2024] ECHR 612 (04 July 2024)
URL: http://www.bailii.org/eu/cases/ECHR/2024/612.html
Cite as: [2024] ECHR 612

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FIRST SECTION

CASE OF KONINA AND OTHERS v. RUSSIA

(Applications nos. 49126/21 and 37 others -

see appended list)

 

 

 

 

 

 

JUDGMENT

 

STRASBOURG

4 July 2024

 

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


In the case of Konina and Others v. Russia,

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

 Lətif Hüseynov, President,
 Ivana Jelić,
 Erik Wennerström, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 13 June 2024,

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 or participants of public assemblies. Some applicants also raised other complaints under the provisions of the Convention.

THE LAW

  1. 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.

  1. 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).

  1. 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.

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


12.  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.


13.  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 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); and Martynyuk v. Russia, no. 13764/15, §§ 38-42, 8 October 2019, relating to the lack of suspensive effect of an appeal against the sentence of administrative detention.

  1. REMAINING COMPLAINTS


14.  In view of the above findings, the Court considers that there is no need to deal separately with the applicants' complaints under Article 6 of the Convention concerning alleged restrictions on the right to examine witnesses.

  1. 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), 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, and decides that there is no need to examine separately the remaining complaints under Article 6 of the Convention;
  4. Holds that these applications 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 the well-established case-law of the Court (see the 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 4 July 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

 

 Viktoriya Maradudina Lətif Hüseynov

 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)

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 / 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]

  1.    

49126/21

12/09/2021

Galina Aleksandrovna KONINA

1962

Bochilo Anna Yevgenyevna

Barnaul

Picket in support of protests in Belarus

 

Kaliningrad

22/08/2020

 

Solidarity Manifestation with protesters in Khabarovsk

 

Kaliningrad

29/08/2020

 

Solidarity Manifestation with protesters in Khabarovsk

 

Kaliningrad

12/09/2020

 

 

Solidarity Manifestation with protesters in Khabarovsk

 

Kaliningrad

10/10/2020

 

Solidarity Manifestation with protesters in Khabarovsk

 

Kaliningrad

24/10/2020

article 20.2 § 5 of CAO

 

 

 

 

 

 

article 20.2 § 5 of CAO

 

 

 

 

 

 

article 20.2 § 5 of CAO

 

 

 

 

 

 

 

article 20.2 § 5 of CAO

 

 

 

 

 

 

article 20.2 § 5 of CAO

fine of RUB 10,000

 

 

 

 

 

 

fine of RUB 10,000

 

 

 

 

 

 

fine of RUB 10,000

 

 

 

 

 

 

 

fine of RUB 10,000

 

 

 

 

 

 

fine of RUB 10,000

Kaliningrad Regional Court

15/06/2021

 

 

 

 

Kaliningrad Regional Court

01/06/2021

 

 

 

 

Kaliningrad Regional Court

20/04/2021

 

 

 

 

Kaliningrad Regional Court

30/03/2021

 

 

 

 

Kaliningrad Regional Court

11/05/2021

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - the complaint was raised in respect of the proceedings which ended on 30/03/2021 and 15/06/2021

3,500

  1.    

13131/22

17/02/2022

Stepan Vladimirovich SOLOVYEV

1987

Memorial Human Rights Centre

Moscow

Rally in support of Navalnyy

 

Moscow

31/01/2021

article 20.2 § 6.1 of CAO

administrative detention of 7 days

Moscow City Court

23/08/2021

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

 

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant by the trial court was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO

5,000

  1.    

14823/22

27/02/2022

Dmitriy Sergeyevich PERMYAKOV

1996

Polyakov Daniil Alekseyevich

Voronezh

Rally in support of Navalnyy

 

Voronezh

21/04/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Voronezh Regional Court

31/08/2021

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 7.40 p.m. on 21/04/2021 to 5.20 a.m. on 22/04/2021 - 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 the administrative-offence proceedings

4,000

  1.    

23047/22

15/04/2022

Dmitriy Sergeyevich YELISEYEV

1991

Memorial Human Rights Centre

Moscow

Rally in support of Navalnyy

 

Arkhangelsk

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Arkhangelsk Regional Court

28/10/2021

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest on 31/01/2021 for the sole purpose of drawing a record of administrative offence (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

  1.    

44864/22

08/09/2022

Dmitriy Petrovich ANDROSOV

1990

Baranova Natalya Andreyevna

Moscow

Manifestation against Mr Putin's presidency

 

Moscow

21/11/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

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,

 

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest on 21/11/2021- 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)

 

4,000

  1.    

50670/22

04/10/2022

Veronika Andreyevna KUKUSHKINA

2000

Sirinova Olga Vladimirovna

St Petersburg

Manifestation

 

St Petersburg

02/03/2022

article 20.2 § 6.1 of CAO

fine of RUB 10,000

St Petersburg City Court

07/07/2022

 

3,500

  1.    

50872/22

15/10/2022

Viktoriya Vadimovna KAMAYEVA

1996

Lapuzin Aleksey Sergeyevich

Samara

Anti-war manifestation

 

Samara

27/02/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Samara Regional Court

16/06/2022

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 3.40 p.m. to 9.30 p.m. on 27/02/2022 - 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

  1.    

50878/22

19/10/2022

Yekaterina Igorevna IVANOVA

1984

Baranova Natalya Andreyevna

Moscow

Anti-war manifestation

 

Moscow

24/02/2022

article 20.2 § 5 of CAO

fine of RUB 20,000

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 deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - 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 (raised in the administrative proceedings)

4,000

  1.    

51217/22

20/10/2022

Nikolay Aleksandrovich TEPLOV

1982

Ivanov Nikifor Yuryevich

St Petersburg

Anti-war manifestation

 

St Petersburg

24/02/2022

article 20.2.2 § 1 of CAO

fine of RUB 5,000

St Petersburg City Court

21/06/2022

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - 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 (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

  1.  

51427/22

22/10/2022

Aleksandr Gennadyevich CHERNETSOV

1986

Kartashov Konstantin Borisovich

Penza

Manifestation against online voting

 

Penza

24/03/2022

article 20.2 § 5 of CAO

20 hours of community service

Penza Regional Court

23/06/2022

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

3,500

  1.  

54417/22

02/11/2022

Arkadiy Mikhaylovich BURDIN

1987

Baranova Nataliya Andreyevna

Moscow

Anti-war manifestation

 

Moscow

25/02/2022

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

13/07/2022

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 deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention from 7.30 p.m. on 25/02/2022 to 4.00 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)

4,000

  1.  

54522/22

03/11/2022

Konstantin Victorovich BOGOSLAVSKIY

1982

Baranova Natalya Andreyevna

Moscow

Anti-war protest

 

Moscow

24/02/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

13/07/2022

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 deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - 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 (raised in the administrative proceedings)

 

 

4,000

  1.  

55440/22

01/11/2022

Yevgeniya Aleksandrovna MAKSIMOVA

1966

Baranova Nataliya Andreyevna

Moscow

Anti-war manifestation

 

Moscow

24/02/2022

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

15/07/2022

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 deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 7.30 p.m. on 24/02/2022 to 5.05 a.m. 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; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (raised in the administrative proceedings)

4,000

  1.  

55473/22

02/11/2022

Nariman Umalatovich SULTANOV

1968

Baranova Natalya Andreyevna

Moscow

Anti-war manifestation

 

Moscow

13/03/2022

article 20.2 § 5 of CAO

fine of RUB 15,000

Moscow City Court

29/07/2022

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 deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 3.45 p.m. on 13/03/2022 to 1.20 a.m. on 14/03/2022 - 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) (raised in the administrative proceedings)

4,000

  1.  

55762/22

15/11/2022

Anastasiya Ruslanovna RUL

2002

Prosvirkina Kseniya Dmitriyevna

Moscow

Anti-war protest

 

Moscow

28/02/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

15/07/2022

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 deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention from 7.50 p.m. on 28/02/2022 to 1 a.m. on 01/03/2022 - 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) (raised in the administrative proceedings)

 

 

4,000

  1.  

55881/22

19/11/2022

Lidiya SUBBOTINA

1996

 

 

Anti-war manifestation

 

Moscow

24/02/2022

article 20.2 § 5 of CAO

fine of RUB 20,000

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,

 

 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - 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 (raised in the administrative proceedings)

4,000

  1.  

55970/22

24/11/2022

Tatyana Grigoryevna ROSHCHINA

1956

Arshinova Valeriya Aleksandrovna

Moscow

Anti-war manifestation

 

Moscow

06/03/2022

article 20.2 § 6.1 of CAO

fine of RUB 20,000

Moscow City Court

25/07/2022

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - 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 (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

  1.  

36/23

11/11/2022

Igor Andreyevich POLETAYEV

1985

 

 

Anti-war manifestation

 

Moscow

06/03/2022

article 20.2 § 5 of CAO

fine of RUB 12,000

Moscow City Court

19/07/2022

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - 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 (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

  1.  

300/23

09/11/2022

Stepan Georgiyevich MAKSIMOV

1993

 

 

Manifestation against the war in Ukraine

 

Moscow

24/02/2022

article 20.2 § 5 of CAO

fine of RUB 15,000

Moscow City Court

11/07/2022

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 deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 24/02/2022 to 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 (raised in the administrative proceedings)

4,000

  1.  

926/23

28/11/2022

Gleb Yevgenyevich KOSAREV

1991

 

 

Anti-war manifestation

 

Kazan

06/03/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Supreme Court of the Tatarstan Republic

27/07/2022

(served on the applicant on the following day)

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 2.50 p.m. on 06/03/2022 to 3.40. a.m. on 08/03/2022 - 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) (raised in the administrative proceedings)

4,000

  1.  

1057/23

26/12/2022

Darya Valeryevna IVANOVA

1994

 

 

Anti-war manifestation

 

Moscow

20/03/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

15/09/2022

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 deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 20/03/2022 - 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 (raised in the administrative proceedings)

4,000

  1.  

1502/23

19/12/2022

Aleksey Andreyevich ILYUSHKIN

2003

 

 

Anti-war manifestation

 

Moscow

24/02/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

23/08/2022

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 9 p.m. on 24/02/2022 to 4.50 a.m. 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; 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

  1.  

1506/23

24/12/2022

Marina Alekseyevna SHUMSKIKH

1967

 

 

Anti-war manifestation

 

Moscow

24/02/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

05/09/2022

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 7.15 p.m. on 24/02/2022 to 2 a.m. 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; 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

  1.  

1511/23

23/12/2022

Mikhail Vladimirovich LEBEDEV

2003

 

 

Anti-war manifestation

 

Moscow

28/02/2022

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

23/08/2022

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention 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 (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

  1.  

1555/23

16/12/2022

Konstantin Vladimirovich ANTONOV

1983

Vasilchenko Olesya Anatolyevna

Minyar

Anti-war manifestation

 

St Petersburg

06/03/2022

article 20.2.2 § 1 of CAO

fine of RUB 10,000

St Petersburg City Court

29/09/2022

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 2.15 p.m. on 06/03/2022 to 5 p.m. on 07/03/2022 - 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) (raised in the domestic proceedings)

4,000

  1.  

1561/23

16/12/2022

Yelizaveta Yevgenyevna SINYUTKINA

2001

Vasilchenko Olesya Anatolyevna

Minyar

Manifestation against the war in Ukraine

 

St Petersburg

06/03/2022

article 20.2.2 § 1 of CAO

fine of RUB 10,000

St Petersburg City Court

29/09/2022

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 5 p.m. on 06/03/2022 to 5 p.m. on 07/03/2022 - 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) (raised in the administrative proceedings)

4,000

  1.  

1620/23

13/12/2022

Darya Nikolayevna YURCHENKO

2001

Zyryanova Mariya Sergeyevna

St Petersburg

Anti-war manifestation

 

St Petersburg

27/02/2022

article 20.2.2 § 1 of CAO

fine of RUB 15,000

St Petersburg City Court

13/08/2022

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 27/02/2019 - 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: the applicant remained in detention after the offence record 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

4,000

  1.  

2129/23

23/12/2022

Yuliya Romanovna PUGACHEVA

1996

 

 

Anti-war manifestation

 

Moscow

02/04/2022

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

23/08/2022

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 02/04/2022 - 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

  1.  

2141/23

25/11/2022

Nadezhda Olegovna KHALDEYEVA

1993

Baranova Nataliya Andreyevna

Moscow

Anti-war manifestation

 

Moscow

06/03/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

29/07/2022

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 5.20 p.m. on 06/03/2022 to 5.10 a.m. on 07/03/2022 - 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) (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

  1.  

2158/23

01/12/2022

Denis Aleksandrovich PONOMAREV

1974

Baranova Natalya Andreyevna

Moscow

Anti-war manifestation

 

Moscow

06/03/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

29/09/2022

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - 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 (raised in the administrative proceedings)

 

 

 

 

4,000

  1.  

2161/23

09/12/2022

Grigoriy Nikolayevich TIKHONOV

2001

 

 

Anti-war manifestation

 

Moscow

06/03/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

09/08/2022

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 2 p.m. to 10 p.m. 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; 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

  1.  

2165/23

30/11/2022

Yevgeniya Vladislavovna KOVESHNIKOVA

1979

Baranova Natalya Andreyevna

Moscow

Anti-war manifestation

 

Moscow

06/03/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

11/08/2022

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 2.40 p.m. to 11.15 p.m. 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; 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

  1.  

2300/23

04/01/2023

Andrey Yevgenyevich POVALIKHIN

1979

Bochilo Anna Yevgenyevna

Barnaul

Anti-war manifestation

 

Moscow

06/03/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

23/08/2022

( the applicant obtained a copy of the final decision after 02/12/2022)

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - 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 (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

  1.  

2305/23

12/12/2022

Anastasiya Sergeyevna ARISTARKHOVA

1989

Shindyapin Arkadiy Vitalyevich

Moscow

Women's anti-war march

 

Moscow

06/03/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

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

4,000

  1.  

2365/23

04/01/2023

Oleg Rostislavovich MIROSHNIKOV

1979

Bochilo Anna Yevgenyevna

Barnaul

Anti-war manifestation

 

Moscow

06/03/2022

article 20.2 § 5 of CAO

fine of RUB 15,000

Moscow City Court

07/09/2022

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - 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 (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

  1.  

2440/23

18/12/2022

Darya Valeryevna SIMONOVA

1998

Zyryanova Mariya Sergeyevna

St Petersburg

Anti-war manifestation

 

St Petersburg

27/02/2022

article 20.2.2 § 1 of CAO

fine of RUB 15,000

St Petersburg City Court

18/08/2022

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 deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - 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)

4,000

  1.  

2478/23

18/12/2022

Polina Vasilyevna SEMENOVA

2000

Zyryanova Mariya Sergeyevna

St Petersburg

Anti-war manifestation

 

St Petersburg

27/02/2022

article 20.2.2 § 1 of CAO

fine of RUB 15,000

St Petersburg City Court

18/08/2022

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 deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - 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 (raised in the administrative proceedings)

 

 

 

 

4,000

  1.  

2655/23

26/12/2022

Aleksey Nikolayevich NAZAROV

1982

 

 

Manifestation against the war in Ukraine

 

Moscow

06/03/2022

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

29/08/2022

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 deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - 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 (raised in the administrative proceedings)

4,000

 

 


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


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URL: http://www.bailii.org/eu/cases/ECHR/2024/612.html