ZAVOROTNYKH AND OTHERS v. RUSSIA - 43224/17 (Article 6 - Right to a fair trial : Second Section Committee) [2024] ECHR 669 (11 July 2024)

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You are here: BAILII >> Databases >> European Court of Human Rights >> ZAVOROTNYKH AND OTHERS v. RUSSIA - 43224/17 (Article 6 - Right to a fair trial : Second Section Committee) [2024] ECHR 669 (11 July 2024) URL: http://www.bailii.org/eu/cases/ECHR/2024/669.html Cite as: [2024] ECHR 669

SECOND SECTION

CASE OF ZAVOROTNYKH AND OTHERS v. RUSSIA

(Applications nos. 43224/17 and 23 others -

see appended list)

JUDGMENT

STRASBOURG

11 July 2024

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

In the case of Zavorotnykh and Others v. Russia,

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

Lorraine Schembri Orland, President,
Frédéric Krenc,
Davor Derenčinović, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 20 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 lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings. They also raised other complaints under the provisions of the Convention.

THE LAW

JOINDER OF THE APPLICATIONS

5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.

Jurisdiction

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

ALLEGED VIOLATION OF ARTICLE 6 § 1 of the Convention

7. The applicants complained of the lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings. They relied, expressly or in substance, on Article 6 § 1 of the Convention.

8. In the leading case of Karelin v. Russia, no. 926/08, 20 September 2016, the Court already found a violation in respect of issues similar to those in the present case. 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 on the admissibility and merits of these complaints.

9. These complaints are therefore admissible and disclose a breach of Article 6 § 1 of the Convention.

OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW

10. Some applicants submitted other complaints which also raised issues under the Convention, given the relevant well-established case-law of the Court (see appended table). These complaints are not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention, nor are they inadmissible on any other ground. Accordingly, they must be declared admissible.

11. Having examined all the material before it, the Court concludes that they also disclose violations of the Convention in the light of its findings in 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; Kruglov and Others v. Russia, nos. 11264/04 and 15 others, §§ 107-38, 4 February 2020, regarding unlawful search; Elvira Dmitriyeva v. Russia, nos. 60921/17 and 7202/18, §§ 77-90, 30 April 2019, as to administrative conviction for making calls to participate in public assemblies; Teslenko and Others v. Russia, nos. 49588/12 and 3 others, §§ 121-45, 5 April 2022, as to other restrictions on the right to freedom of expression, Frumkin v. Russia, no. 74568/12, §§ 93-142, ECHR 2016 (extracts), Navalnyy and Yashin v. Russia, no. 76204/11, 4 December 2014, Kasparov and Others v. Russia, no. 21613/07, 3 October 2013, and Bodalev v. Russia, no. 67200/12, §§ 96-107, 6 September 2022, as to disproportionate measures in respect of participants and organisers of public events; 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.

REMAINING COMPLAINTS

12. Some applicants raised further additional complaints under the Convention or Protocols to it. In view of the above findings, the Court considers that there is no need to deal separately with these remaining complaints.

APPLICATION OF ARTICLE 41 OF THE CONVENTION

13. Regard being had to the documents in its possession and to its case-law (see, in particular, Kuratov and Others v. Russia [Committee], nos. 24377/15 and 2 others, 22 October 2019), the Court considers it reasonable to award the sums indicated in the appended table.

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

Decides to join the applications;
Holds that it has jurisdiction to deal with these applications as they relate to facts that took place before 16 September 2022;
Declares the complaint under Article 6 § 1 of the Convention and the other complaints under the well-established case-law of the Court, as set out in the appended table, admissible, and finds that there is no need to examine separately the remaining complaints;
Holds that these complaints disclose a breach of Article 6 § 1 of the Convention concerning the lack of impartiality of the tribunal in view of the absence of the prosecuting party in the administrative-offence proceedings;
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 appended table);
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 11 July 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Viktoriya Maradudina Lorraine Schembri Orland

Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 6 § 1 of the Convention

(lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings)

Application no. Date of introduction	Applicant's name Year of birth	Representative's name and location	Penalty	Date of final domestic decision Name of court	Other complaints under well-established case-law	Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant (in euros)[1]
43224/17 03/06/2017	Sergey Viktorovich ZAVOROTNYKH 1985	Zboroshenko Nikolay Sergeyevich Mytishchi	5 days of detention	06/12/2016 Moscow City Court		1,000
70396/17 07/09/2017	Denis Vladimirovich LARTSEV 1989	Terekhov Konstantin Ilyich Moscow	1 day of detention	13/04/2017 Rostov Regional Court	Art. 5 (1) - unlawful detention - on 26-27/03/2017 detention in a police station after compiling an offence report.	4,000
75215/17 19/10/2017	Sergey Igorevich GORKAYEV 1990	Terekhov Konstantin Ilyich Moscow	7 days of detention	26/04/2017 Moscow City Court	Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - immediate execution of the sentence of detention; an appeal against conviction had no suspensive effect.	1,300
79982/17 14/11/2017	Aleksey Valeryevich VLASOV 1977	Sotnikov Dmitriy Valeryevich Balashikha	40 hours of community work	15/05/2017 Tula Regional Court	Art. 5 (1) - unlawful detention - on 26/03/2017 escorting to a police station for compiling an offence report; Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - the applicant was arrested and sentenced to community work under Art. 20.2 § 6.1 of CAO for participation in an anticorruption rally on 26/03/2017 in Tula	4,000
5267/18 16/12/2017	Kirill Georgiyevich VOLSKIY 1991	Pyshkin Valentin Valentinovich St Petersburg	10 days of detention fine of RUB 10,000	20/06/2017 St Petersburg City Court 04/07/2017 St Petersburg City Court	Art. 5 (1) - unlawful detention - on 12-13/06/2017 escorting to and detention in a police station for and after compiling offence reports.	4,000
7362/18 09/01/2018	Denis Gennadyevich GONCHAROV 1975	Peredruk Aleksandr Dmitriyevich St Petersburg	5 days of detention fine of RUB 15,000	11/07/2017 St Petersburg City Court 11/07/2017 St Petersburg City Court	Art. 5 (1) - unlawful detention - on 12-14/06/2017 escorting to and detention in a police station for and after compiling offence reports.	4,000
8455/18 18/01/2018	Yana Aleksandrovna BABENKO 1993	Pyshkin Valentin Valentinovich St Petersburg	fine of RUB 10,000	20/07/2017 St Petersburg City Court	Art. 5 (1) - unlawful detention - on 12-13/06/2017 escorting to and detention in a police station for and after compiling offence reports.	4,000
13493/18 20/02/2018	Aleksey Valeryevich CHERNIKOV 1988	Peredruk Aleksandr Dmitriyevich St Petersburg	fine of RUB 10,000	22/08/2017 St Petersburg City Court		1,000
18418/18 02/04/2018	Konstantin Borisovich ZYKOV 1990 Tatyana Yevgenyevna ZYKOVA 1995	Popkov Aleksandr Vasilyevich Sochi	10 days of detention (Zykov) 3 days of detention (Zykov)	12/10/2017 Krasnodar Regional Court 13/04/2018 Krasnodar Regional Court	Art. 5 (1) - unlawful detention - on 17/03/2018 both applicants' escorting to a police station for compiling offence reports, Art. 8 (1) - unlawful search - a court refused to authorise a search in the flat where the applicants resided, in the absence of any evidence substantiating the allegation that there were reasons to suspect that there might be firearms in that flat; a search was carried out on 17/03/2018; it was then validated by the courts, with reference to some documents found during the search as to Mr Zykov's business activities (final decision on 03/05/2018 by the Krasnodar Regional Court), Art. 10 (1) - conviction for making calls to participate in public events - Mr Zykov was sentenced to 10-day detention for organising a rally to support A. Navalnyy on 07/10/2017 (Art. 20.2 § 2 of CAO; final decision on 12/10/2017 by the Krasnodar Regional Court).	5,000, to Mr Zykov and 4,000, to Ms Zykova
21764/18 25/04/2018	Aleksey Valeryevich BOCHENKOV 1998	Sergeyeva Irina Vadimovna Moscow	15 days of detention	10/11/2017 Moscow City Court		1,000
25889/18 25/05/2018	Aleksandra Vladimirovna SEMENOVA 1979	Pershakova Yelena Yuryevna Moscow	fine of RUB 20,000	12/03/2018 Perm Regional Court	Art. 10 (1) - conviction for making calls to participate in public events - the applicant was sentenced to two fines of RUB 20,000 in relation to a rally on 07/10/2017 to support A. Navalnyy's presidential campaign and a political meeting on 24/11/2017 (Art. 20.2 § 2 of CAO; final decisions on 30/11/2017 and 12/03/2018 by the Perm Regional Court respectively).	3,500
26576/18 17/05/2018	Nikolay Nikolayevich VITKEVICH 1965		3 days of detention	08/12/2017 Bryansk Regional Court	Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - immediate execution of the sentence of 3-day detention; an appeal against conviction had no suspensive effect.	1,300
26751/18 08/05/2018	Yan Igorevich PAVLOVSKIY 1998	Pyshkin Valentin Valentinovich St Petersburg	fine of RUB 15,000 7 days of detention	09/11/2017 St Petersburg City Court 09/11/2017 St Petersburg City Court	Art. 5 (1) - unlawful detention - on 08-09/10/2017 escorting to and detention in a police station for and after compiling offence reports.	4,000
40130/18 08/08/2018	Anna Nikolayevna PETKOGLO 1985	Zhdanov Ivan Yuryevich Vilnius	fine of RUB 20,000	08/02/2018, Nizhniy Novgorod Regional Court	Art. 10 (1) - conviction for making calls to participate in public events - the applicant was sentenced to a fine of RUB 20,000 for making comments during an online interview to Navalnyy.Live on a protest rally on 29/09/2017 (Art. 20.2 § 1 of CAO, final decision on 08/02/2018 by the Nizhniy Novgorod Regional Court).	3,500
41271/18 30/07/2018	Natalya Anatolyevna VAVILOVA 1976	Pershakova Yelena Yuryevna Moscow	fine of RUB 20,000	02/02/2018 Perm Regional Court	Art. 5 (1) - unlawful detention - on 08/10/2017 escorting to a police station for compiling an offence report in relation to a protest rally on 07/10/2017, Art. 10 (1) - conviction for making calls to participate in public events - the applicant was arrested and sentenced to a fine of RUB 20,000 in relation to the rally on 07/10/2017 (Art. 20.2 § 5 CAO, final decision on 02/02/2018 by the Perm Regional Court).	4,000
44535/18 06/09/2018	Valeriy Yuryevich NADEZHDIN 1968		7 days of detention fine of RUB 20,000	22/03/2018 Moscow City Court 08/08/2018 Moscow City Court	Art. 5 (1) - unlawful detention - on 12/03/2018 escorting to and detention in a police station for compiling an offence report, Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - the applicant was arrested and sentenced to a fine and detention in relation to his participation in a protest rally on 12/03/2018 (Arts. 20.1 and 20.2 of CAO, final decisions on 22/03/2018 and 08/08/2018 by the Moscow City Court).	5,000
50659/18 10/10/2018	Ilya Viktorovich FEDIN 1996	Zhdanov Ivan Yuryevich Vilnius	fine of RUB 10,000	07/06/2018 St Petersburg City Court	Art. 5 (1) - unlawful detention - on 05/05/2018 escorting to a police station for compiling an offence report.	4,000
52116/18 31/10/2018	Boris Mikhaylovich ZOLOTAREVSKIY 1997	Lepekhin Andrey Gennadyevich Chelyabinsk	25 days of detention 9 days of detention 30 days of detention	09/05/2018 Chelyabinsk Regional Court 12/09/2018 Chelyabinsk Regional Court 13/08/2019 Moscow City Court	Art. 5 (1) - unlawful detention - (i) on 05/05/2018 and 08/09/2018 escorting to a police station for compiling an offence report; (ii) on 10-12/08/2019 escorting to and detention in a police station for compiling an offence report, Art. 10 (1) - conviction for making calls to participate in public events - (i) the applicant was arrested and sentenced to 25-day and 9-day detention in relation to an opposition rally on 05/05/2018 and a rally against the pension reform on 09/09/2018 in Chelyabinsk respectively (Art. 20.2 of CAO, final decisions on 09/05/2018 and 12/09/2018 by the Chelyabinsk Regional Court); (ii) the applicant's call to the participants of an approved rally on 10/08/2019 in Moscow to continue the protest with a "promenade" toward the Presidential Administration; he was arrested and sentenced to 30-day detention with reference to the lack of official approval for such promenade (Art. 20.2 § 8 of CAO, final decision on 13/08/2019 by the Moscow City Court), Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - immediate execution of three sentences of detention; an appeal against conviction had no suspensive effect.	8,000
57314/18 13/11/2018	Aleksandr Andreyevich TROFIMOV 1999	Memorial Human Rights Centre Moscow	fine of RUB 1,000	14/05/2018 Presnenskiy District Court of Moscow	Art. 5 (1) - unlawful detention - on 22/02/2018 escorting to a police station for compiling an offence report, Art. 10 (1) - various restrictions on the right to freedom of expression - on 22/02/2018 the applicant distributed political leaflets; he was arrested and fined (Art. 5.12 of CAO, final decision on 14/05/2018 by the Presnenskiy District Court of Moscow) (Teslenko and Others v. Russia, nos. 49588/12 and 3 others, 5 April 2022).	4,000
4441/19 08/01/2019	Ilgam Ilgizarovich SHAKIROV 1989		fine of RUB 2,000	09/07/2018 Sovetskiy District Court of Kazan		1,000
17257/19 21/03/2019	Vladislav Valeriyevich KHODAKOVSKIY 1992		fine of RUB 10,000	21/09/2018 Voronezh Regional Court	Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - the applicant was sentenced to a fine of RUB 10,000 for his participation in an opposition rally on 05/05/2018.	3,500
20949/19 08/04/2019	Roman Alekseyevich PAVLOV 1998	Zboroshenko Nikolay Sergeyevich Mytishchi	fine of RUB 10,000	22/03/2019 Moscow City Court	Art. 5 (1) - unlawful detention - on 05/05/2018 escorting to a police station for compiling an offence report, Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - the applicant was arrested and fined for participation in an opposition rally on 05/05/2018 (Art. 20.2 of CAO, final decision on 22/03/2019 by the Moscow City Court).	4,000
32059/19 05/06/2019	Aleksandr Aleksandrovich GOLOVACH 1991		fine of RUB 20,000 4 days of detention	06/12/2018 Moscow City Court 24/03/2021 Moscow City Court	Art. 5 (1) - unlawful detention - (i) on 17-18/10/2018 escorting to and detention in a police station for and after compiling an offence report in relation to a rally against the pension reform on 09/09/2018; (ii) on 31/01/2021-02/02/2021 detention in a police station after compiling an offence report in relation to a rally to support A. Navalnyy on 31/01/2021, Art. 10 (1) - conviction for making calls to participate in public events - the applicant was arrested and sentenced to a fine of RUB 20,000 for making calls to participate at the rally on 09/09/2018 (Art. 20.2 § 2 of CAO, final decision on 06/12/2018 by the Moscow City Court), Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - the applicant was arrested and sentenced to 4-day detention in relation to the rally on 31/01/2021 (Art. 20.2 § 6.1 of CAO, final decision on 24/03/2021 by the Moscow City Court).	5,000
47354/20 02/10/2020	Irina Anatolyevna NIKIFOROVA 1985	Popkov Aleksandr Vasilyevich Sochi	fine of RUB 10,000 30 hours of community work	22/01/2020 Supreme Court of Tatarstan Republic 27/05/2020 Supreme Court of the Tatarstan Republic	Art. 5 (1) - unlawful detention - on 16/12/2019 escorting to a police station for compiling an offence report, Art. 10 (1) - various restrictions on the right to freedom of expression - the applicant was making a video recording during a rally against construction of a waste incineration plant on 16/12/2019; she was arrested and sentenced to a fine of RUB 10,000 (Art. 20.2.2 of CAO, final decision on 22/01/2020 by the Supreme Court of the Tatarstan Republic), Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - on 03-26/02/2020 the applicant organised a number of solo demonstrations against the above construction project; she provided information about them on her social-networking page; the courts sentenced her to community work, considering that those demonstrations by different people on different days had been conducted with the same purpose and thus were one "rally" requiring prior notification (Art. 20.2 § 2 of CAO, final decision on 27/05/2020 by the Supreme Court of the Tatarstan Republic).	4,000

No.

Application no.

Date of introduction

Applicant's name

Year of birth

Representative's name and location

Penalty

Date of final domestic decision

Name of court

Other complaints under well-established case-law

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant

(in euros)[1]

43224/17

03/06/2017

Sergey Viktorovich ZAVOROTNYKH

1985

Zboroshenko Nikolay Sergeyevich

Mytishchi

5 days of detention

06/12/2016 Moscow City Court

1,000

70396/17

07/09/2017

Denis Vladimirovich LARTSEV

1989

Terekhov Konstantin Ilyich

Moscow

1 day of detention

13/04/2017 Rostov Regional Court

Art. 5 (1) - unlawful detention - on 26-27/03/2017 detention in a police station after compiling an offence report.

4,000

75215/17

19/10/2017

Sergey Igorevich GORKAYEV

1990

Terekhov Konstantin Ilyich

Moscow

7 days of detention

26/04/2017 Moscow City Court

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - immediate execution of the sentence of detention; an appeal against conviction had no suspensive effect.

1,300

79982/17

14/11/2017

Aleksey Valeryevich VLASOV

1977

Sotnikov Dmitriy Valeryevich

Balashikha

40 hours of community work

15/05/2017

Tula Regional Court

Art. 5 (1) - unlawful detention - on 26/03/2017 escorting to a police station for compiling an offence report;

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - the applicant was arrested and sentenced to community work under Art. 20.2 § 6.1 of CAO for participation in an anticorruption rally on 26/03/2017 in Tula

4,000

5267/18

16/12/2017

Kirill Georgiyevich VOLSKIY

1991

Pyshkin Valentin Valentinovich

St Petersburg

10 days of detention

fine of RUB 10,000

20/06/2017 St Petersburg City Court

04/07/2017 St Petersburg City Court

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

4,000

7362/18

09/01/2018

Denis Gennadyevich GONCHAROV

1975

Peredruk Aleksandr Dmitriyevich

St Petersburg

5 days of detention

fine of RUB 15,000

11/07/2017 St Petersburg City Court

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

4,000

8455/18

18/01/2018

Yana Aleksandrovna BABENKO

1993

Pyshkin Valentin Valentinovich

St Petersburg

fine of RUB 10,000

20/07/2017 St Petersburg City Court

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

4,000

13493/18

20/02/2018

Aleksey Valeryevich CHERNIKOV

1988

Peredruk Aleksandr Dmitriyevich

St Petersburg

fine of RUB 10,000

22/08/2017 St Petersburg City Court

1,000

18418/18

02/04/2018

Konstantin Borisovich ZYKOV

1990

Tatyana Yevgenyevna ZYKOVA

1995

Popkov Aleksandr Vasilyevich

Sochi

10 days of detention (Zykov)

3 days of detention (Zykov)

12/10/2017 Krasnodar Regional Court

13/04/2018 Krasnodar Regional Court

Art. 5 (1) - unlawful detention - on 17/03/2018 both applicants' escorting to a police station for compiling offence reports,

Art. 8 (1) - unlawful search - a court refused to authorise a search in the flat where the applicants resided, in the absence of any evidence substantiating the allegation that there were reasons to suspect that there might be firearms in that flat; a search was carried out on 17/03/2018; it was then validated by the courts, with reference to some documents found during the search as to Mr Zykov's business activities (final decision on 03/05/2018 by the Krasnodar Regional Court),

Art. 10 (1) - conviction for making calls to participate in public events - Mr Zykov was sentenced to 10-day detention for organising a rally to support A. Navalnyy on 07/10/2017 (Art. 20.2 § 2 of CAO; final decision on 12/10/2017 by the Krasnodar Regional Court).

5,000,

to Mr Zykov

and

4,000,

to Ms Zykova

21764/18

25/04/2018

Aleksey Valeryevich BOCHENKOV

1998

Sergeyeva Irina Vadimovna

Moscow

15 days of detention

10/11/2017 Moscow City Court

1,000

25889/18

25/05/2018

Aleksandra Vladimirovna SEMENOVA

1979

Pershakova Yelena Yuryevna

Moscow

fine of RUB 20,000

12/03/2018 Perm Regional Court

Art. 10 (1) - conviction for making calls to participate in public events - the applicant was sentenced to two fines of RUB 20,000 in relation to a rally on 07/10/2017 to support A. Navalnyy's presidential campaign and a political meeting on 24/11/2017 (Art. 20.2 § 2 of CAO; final decisions on 30/11/2017 and 12/03/2018 by the Perm Regional Court respectively).

3,500

26576/18

17/05/2018

Nikolay Nikolayevich VITKEVICH

1965

3 days of detention

08/12/2017 Bryansk Regional Court

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - immediate execution of the sentence of 3-day detention; an appeal against conviction had no suspensive effect.

1,300

26751/18

08/05/2018

Yan Igorevich PAVLOVSKIY

1998

Pyshkin Valentin Valentinovich

St Petersburg

fine of RUB 15,000

7 days of detention

09/11/2017 St Petersburg City Court

Art. 5 (1) - unlawful detention - on 08-09/10/2017 escorting to and detention in a police station for and after compiling offence reports.

4,000

40130/18

08/08/2018

Anna Nikolayevna PETKOGLO

1985

Zhdanov Ivan Yuryevich

Vilnius

fine of RUB 20,000

08/02/2018, Nizhniy Novgorod Regional Court

Art. 10 (1) - conviction for making calls to participate in public events - the applicant was sentenced to a fine of RUB 20,000 for making comments during an online interview to Navalnyy.Live on a protest rally on 29/09/2017 (Art. 20.2 § 1 of CAO, final decision on 08/02/2018 by the Nizhniy Novgorod Regional Court).

3,500

41271/18

30/07/2018

Natalya Anatolyevna VAVILOVA

1976

Pershakova Yelena Yuryevna

Moscow

fine of RUB 20,000

02/02/2018 Perm Regional Court

Art. 5 (1) - unlawful detention - on 08/10/2017 escorting to a police station for compiling an offence report in relation to a protest rally on 07/10/2017,

Art. 10 (1) - conviction for making calls to participate in public events - the applicant was arrested and sentenced to a fine of RUB 20,000 in relation to the rally on 07/10/2017 (Art. 20.2 § 5 CAO, final decision on 02/02/2018 by the Perm Regional Court).

4,000

44535/18

06/09/2018

Valeriy Yuryevich NADEZHDIN

1968

7 days of detention

fine of RUB 20,000

22/03/2018 Moscow City Court

08/08/2018 Moscow City Court

Art. 5 (1) - unlawful detention - on 12/03/2018 escorting to and detention in a police station for compiling an offence report,

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - the applicant was arrested and sentenced to a fine and detention in relation to his participation in a protest rally on 12/03/2018 (Arts. 20.1 and 20.2 of CAO, final decisions on 22/03/2018 and 08/08/2018 by the Moscow City Court).

5,000

50659/18

10/10/2018

Ilya Viktorovich FEDIN

1996

Zhdanov Ivan Yuryevich

Vilnius

fine of RUB 10,000

07/06/2018 St Petersburg City Court

Art. 5 (1) - unlawful detention - on 05/05/2018 escorting to a police station for compiling an offence report.

4,000

52116/18

31/10/2018

Boris Mikhaylovich ZOLOTAREVSKIY

1997

Lepekhin Andrey Gennadyevich

Chelyabinsk

25 days of detention

9 days of detention

30 days of detention

09/05/2018 Chelyabinsk Regional Court

12/09/2018 Chelyabinsk Regional Court

13/08/2019 Moscow City Court

Art. 5 (1) - unlawful detention - (i) on 05/05/2018 and 08/09/2018 escorting to a police station for compiling an offence report; (ii) on 10-12/08/2019 escorting to and detention in a police station for compiling an offence report,

Art. 10 (1) - conviction for making calls to participate in public events -

(i) the applicant was arrested and sentenced to 25-day and 9-day detention in relation to an opposition rally on 05/05/2018 and a rally against the pension reform on 09/09/2018 in Chelyabinsk respectively (Art. 20.2 of CAO, final decisions on 09/05/2018 and 12/09/2018 by the Chelyabinsk Regional Court);

(ii) the applicant's call to the participants of an approved rally on 10/08/2019 in Moscow to continue the protest with a "promenade" toward the Presidential Administration; he was arrested and sentenced to 30-day detention with reference to the lack of official approval for such promenade (Art. 20.2 § 8 of CAO, final decision on 13/08/2019 by the Moscow City Court),

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - immediate execution of three sentences of detention; an appeal against conviction had no suspensive effect.

8,000

57314/18

13/11/2018

Aleksandr Andreyevich TROFIMOV

1999

Memorial Human Rights Centre

Moscow

fine of RUB 1,000

14/05/2018 Presnenskiy District Court of Moscow

Art. 5 (1) - unlawful detention - on 22/02/2018 escorting to a police station for compiling an offence report,

Art. 10 (1) - various restrictions on the right to freedom of expression - on 22/02/2018 the applicant distributed political leaflets; he was arrested and fined (Art. 5.12 of CAO, final decision on 14/05/2018 by the Presnenskiy District Court of Moscow) (Teslenko and Others v. Russia, nos. 49588/12 and 3 others, 5 April 2022).

4,000

4441/19

08/01/2019

Ilgam Ilgizarovich SHAKIROV

1989

fine of RUB 2,000

09/07/2018 Sovetskiy District Court of Kazan

1,000

17257/19

21/03/2019

Vladislav Valeriyevich KHODAKOVSKIY

1992

fine of RUB 10,000

21/09/2018 Voronezh Regional Court

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - the applicant was sentenced to a fine of RUB 10,000 for his participation in an opposition rally on 05/05/2018.

3,500

20949/19

08/04/2019

Roman Alekseyevich PAVLOV

1998

Zboroshenko Nikolay Sergeyevich

Mytishchi

fine of RUB 10,000

22/03/2019 Moscow City Court

Art. 5 (1) - unlawful detention - on 05/05/2018 escorting to a police station for compiling an offence report,

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - the applicant was arrested and fined for participation in an opposition rally on 05/05/2018 (Art. 20.2 of CAO, final decision on 22/03/2019 by the Moscow City Court).

4,000

32059/19

05/06/2019

Aleksandr Aleksandrovich GOLOVACH

1991

fine of RUB 20,000

4 days of detention

06/12/2018 Moscow City Court

24/03/2021 Moscow City Court

Art. 5 (1) - unlawful detention - (i) on 17-18/10/2018 escorting to and detention in a police station for and after compiling an offence report in relation to a rally against the pension reform on 09/09/2018; (ii) on 31/01/2021-02/02/2021 detention in a police station after compiling an offence report in relation to a rally to support A. Navalnyy on 31/01/2021,

Art. 10 (1) - conviction for making calls to participate in public events - the applicant was arrested and sentenced to a fine of RUB 20,000 for making calls to participate at the rally on 09/09/2018 (Art. 20.2 § 2 of CAO, final decision on 06/12/2018 by the Moscow City Court),

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - the applicant was arrested and sentenced to 4-day detention in relation to the rally on 31/01/2021 (Art. 20.2 § 6.1 of CAO, final decision on 24/03/2021 by the Moscow City Court).

5,000

47354/20

02/10/2020

Irina Anatolyevna NIKIFOROVA

1985

Popkov Aleksandr Vasilyevich

Sochi

fine of RUB 10,000

30 hours of community work

22/01/2020 Supreme Court of Tatarstan Republic

27/05/2020 Supreme Court of the Tatarstan Republic

Art. 5 (1) - unlawful detention - on 16/12/2019 escorting to a police station for compiling an offence report,

Art. 10 (1) - various restrictions on the right to freedom of expression - the applicant was making a video recording during a rally against construction of a waste incineration plant on 16/12/2019; she was arrested and sentenced to a fine of RUB 10,000 (Art. 20.2.2 of CAO, final decision on 22/01/2020 by the Supreme Court of the Tatarstan Republic),

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - on 03-26/02/2020 the applicant organised a number of solo demonstrations against the above construction project; she provided information about them on her social-networking page; the courts sentenced her to community work, considering that those demonstrations by different people on different days had been conducted with the same purpose and thus were one "rally" requiring prior notification (Art. 20.2 § 2 of CAO, final decision on 27/05/2020 by the Supreme Court of the Tatarstan Republic).

4,000

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