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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:
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
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 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.
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.
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.
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,
(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)
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] | |
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 | |
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 | |
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 | |
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 | |
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 | |
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 | |
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 | |
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 | |
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 | |
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 | |
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 | |
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 | |
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 | |
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 | |
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 | |
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 | |
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 | |
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 | |
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 | |
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 | |
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 | |
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 | |
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 | |
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 | |
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 | |
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 | |
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 | |
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 | |
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 | |
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 | |
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 | |
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 | |
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 | |
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 | |
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 | |
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 | |
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 | |
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.