BOGDANOV AND OTHERS v. RUSSIA - 2984/20 (Judgment : Article 11 - Freedom of assembly and association : Second Section Committee) [2023] ECHR 290 (30 March 2023)

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You are here: BAILII >> Databases >> European Court of Human Rights >> BOGDANOV AND OTHERS v. RUSSIA - 2984/20 (Judgment : Article 11 - Freedom of assembly and association : Second Section Committee) [2023] ECHR 290 (30 March 2023) URL: http://www.bailii.org/eu/cases/ECHR/2023/290.html Cite as: ECLI:CE:ECHR:2023:0330JUD000298420, [2023] ECHR 290, CE:ECHR:2023:0330JUD000298420

In the case of Bogdanov 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 9 March 2023,

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

THE LAW

I. 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.

II. ALLEGED VIOLATION OF ARTICLE 11 OF THE CONVENTION

6. The applicants complained principally of disproportionate measures taken against them as participants of public assemblies, namely the dispersal of these assemblies, as well as their arrest followed by their conviction for administrative offence. They relied, expressly or in substance, on Article 11 of the Convention.

7. 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).

8. 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.

9. Having examined all the material submitted to it and having taken into account the issue of compliance with the six-month time-limit under Article 35 § 1 of the Convention (see Saakashvili v. Georgia (dec.), nos. 6232/20 and 22394/20, §§ 46-59, 1 March 2022, in which the Court addressed the COVID-related extension of the period in question), 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”.

10. These complaints are therefore admissible and disclose a breach of Article 11 of the Convention.

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

11. 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.

12. Having examined all the material before it, the Court concludes that they also disclose violations violations of the Convention and its Protocol in the light of its well-established case-law (see Butkevich v. Russia, no. 5865/07, §§ 63-65, 13 February 2018, Kalyapin v. Russia, no. 6095/09, § 76, 23 July 2019, and Korneyeva v. Russia, no. 72051/17, §§ 34-36, 8 October 2019, concerning different aspects of unlawful deprivation of liberty of the organisers or participants of public events; Karelin v. Russia, no. 926/08, 20 September 2016, related to examination of criminal cases in the absence of a prosecuting party in the judicial proceedings governed by the Federal Code of Administrative Offences (CAO); and Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 178-91, 10 April 2018, and Martynyuk v. Russia, no. 13764/15, §§ 38-42, 8 October 2019, related to the lack of a suspensive effect of an appeal and immediate execution of a sentence of administrative detention).

IV. REMAINING COMPLAINTS

13. Some of the applicants further raised additional complaints under Article 6 of the Convention concerning other aspects of the fairness of the administrative offence proceedings. In view of the above findings, the Court considers that there is no need to deal separately with these remaining complaints.

14. In applications nos. 13238/20, 24896/20, 26610/20 and 27289/20, the applicants also raised other complaints under various Articles of the Convention.

15. The Court has examined these applications and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.

16. It follows that this part of the applications must be rejected in accordance with Article 35 § 4 of the Convention.

V. APPLICATION OF ARTICLE 41 OF THE CONVENTION

17. Article 41 of the Convention provides:

“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”

18. Regard being had to the documents in its possession and to its case‑law (see, in particular, Navalnyy and Others v. Russia [Committee], nos. 25809/17 and 14 others, § 22, 4 October 2022), the Court finds it reasonable to award the sums indicated in the appended table and dismisses the remainder of the applicants’ claims for just satisfaction.

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

1. Decides to join the applications;

2. 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, decides that it is not necessary to examine the other aspects of the complaints raised by some applicants under Article 6 of the Convention, and declares the remainder of applications nos. 13238/20, 24896/20, 26610/20 and 27289/20 inadmissible;

3. Holds that these complaints disclose a breach of Article 11 of the Convention concerning the dispersal of the public assembly;

4. Holds that there has been a violation of the Convention and the Protocols thereto as regards the other complaints raised under well-established case‑law of the Court (see appended table);

5. 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;

6. Dismisses the reminder of the applicants’ claims for just satisfaction.

Done in English, and notified in writing on 30 March 2023, 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 11 of the Convention

(disproportionate measures against organisers and participants of public assemblies)

Application no. Date of introduction	Applicant’s name Year of birth	Representative’s name and location	Name of the public event Location Date	Administrative charges	Penalty	Final domestic decision Court Name Date	Other complaints under well‑established case-law	Amount awarded for pecuniary and non-pecuniary damage per applicant (in euros) [1]
2984/20 11/12/2019	Vasiliy Borisovich BOGDANOV 1990	Savelyev Anton Alekseyevich Domodedovo	Manifestation for fair elections to Mosgorduma Moscow 27/07/2019	Article 20.2 § 6.1 of CAO	fine of RUB 10,000	Moscow City Court 12/09/2019	Art. 5 (1) - unlawful deprivation of liberty- arrest and detention between 27/07/2019 and 29/07/2019 (two consecutive administrative arrest records of 27/07 and 28/07/2019) as administrative suspect “for a timely and correct examination of the case”: no evidence / assessment of “exceptional circumstances” under the CAO, detention beyond the three-hour statutory period, and after the administrative offence record had been compiled on 28/07/2019; Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court on 12/09/2019	4,000
9278/20 31/01/2020	Aleksandr Alekseyevich KUKIN 1992	Glukhov Aleksey Vladimirovich Novocheboksarsk	Manifestation for fair elections to Mosgorduma Moscow 27/07/2019	Article 20.2 § 6.1 of CAO	administrative detention of 7 days	Moscow City Court 01/08/2019	Art. 5 (1) - unlawful deprivation of liberty - arrest and detention between 27/07/2019 and 29/07/2019 as administrative suspect for the purpose of drawing up a record of administrative offence; no evidence/ assessment of “exceptional circumstances”, detention beyond the three-hour statutory period (the administrative offence record compiled on 29/07/2019); Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court on 01/08/2019; Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 30/07/2019 by the court of first instance was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO	5,000
11628/20 05/02/2020	Anton Igorevich CHAPARIN 1995	Balog Natalya Andreyevna Krasnoyarsk	Manifestation for fair elections to Mosgorduma Moscow 27/07/2019	Article 20.2 § 6.1 of CAO	administrative detention of 5 days	Moscow City Court 06/08/2019	Art. 5 (1) - unlawful deprivation of liberty - arrest and detention between 27/07/2019 and 29/07/2019 as administrative suspect: no evidence / assessment of “exceptional circumstances”, detention beyond the three-hour statutory period, and after the administrative offence record had been compiled on 27/07/2019; Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court on 06/08/2019; Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant by the court of first instance on 29/07/2019 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO	5,000
13001/20 27/02/2020	Andrey Mikhaylovich MALYKH 1989		Manifestation for fair elections to Mosgorduma Moscow 27/07/2019	Article 20.2 § 6.1 of CAO	fine of RUB 10,000	Moscow City Court 30/08/2019	Art. 5 (1) - unlawful deprivation of liberty - arrest and detention between 27/07/2019 and 29/07/2019 as administrative suspect for a “full and correct consideration of the case”, beyond a beyond the three-hour statutory period and after the administrative offence record had been compiled on 28/07/2019, in the absence of any “exceptional circumstances”; Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court on 30/08/2019	4,000
13234/20 21/02/2020	Aleksey Orionovich IVANOV 1990	Sidorkina Svetlana Ivanovna Moscow	Manifestation for fair elections to Mosgorduma Moscow 27/07/2019	Article 20.2 § 5 of CAO	fine of RUB 15,000	Moscow City Court 04/10/2019	Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court on 04/10/2019	3,500
13236/20 21/02/2020	Irina Alekseyevna ASHEVSKAYA 1968	Sidorkina Svetlana Ivanovna Moscow	Manifestation for fair elections to Mosgorduma Moscow 27/07/2019	Article 20.2 § 5 of CAO	fine of RUB 10,000	Moscow City Court 06/11/2019	Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court on 06/11/2019	3,500
13238/20 21/02/2020	Maksim Timurovich CHUNGULBAYEV 1995	Sidorkina Svetlana Ivanovna Moscow	Manifestation for fair elections to Mosgorduma Moscow 27/07/2019	Article 20.2 § 5 of CAO	fine of RUB 18,000	Moscow City Court 04/10/2019		3,500
14310/20 22/01/2020	Viktor Anatolyevich SHENDEROVICH 1958	Zboroshenko Nikolay Sergeyevich Mytishchi	Manifestation for fair elections to Mosgorduma Moscow 27/07/2019	Article 20.2 § 6.1 of CAO	fine of RUB 10,000	Moscow City Court 04/09/2019	Art. 5 (1) - unlawful deprivation of liberty - arrest and detention between 8.30 p.m. on 27/07/2019 and 4.30 a.m. on 28/07/2019 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence, no evidence/assessment of any “exceptional circumstances”; Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court on 04/09/2019	4,000
24893/20 22/06/2020	Aleksey Vladimirovich UCHAYEV 1992	Lawyers of former Memorial Human Rights Centre Moscow	Manifestation for fair elections to Mosgorduma Tverskaya str., Moscow 27/07/2019	Article 20.2 § 5 of CAO	fine of RUB 10,000	Moscow City Court 26/09/2019	Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 27/07/2019 for the sole purpose of drawing up a record of administrative offence - no evidence/ assessment that it was impracticable, on the spot, to compile the offence record and to achieve the objectives set out in the CAO; Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court on 26/09/2019	4,000
24896/20 22/06/2020	Olga Stanislavovna VINOGRADOVA 1959	Lawyers of former Memorial Human Rights Centre Moscow	Manifestation for fair elections to Mosgorduma Strastnoy boulevard, Moscow 27/07/2019	Article 20.2 § 5 of CAO	fine of RUB 10,000	Moscow City Court 24/09/2019	Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court on 24/09/2019	3,500
24902/20 22/06/2020	Artem Andreyevich PYLAYEV 1976	Lawyers of former Memorial Human Rights Centre Moscow	Manifestation for fair elections to Mosgorduma Moscow 27/07/2019	Article 20.2 § 6.1 of CAO	fine of RUB 10,000	Moscow City Court 04/10/2019	Art. 5 (1) - unlawful deprivation of liberty - unlawful arrest, escorting and detention from 27/07/2019 to 29/07/2019 at the police station as an administrative suspect for the purpose of drawing up an administrative-offence record, without any “exceptional circumstances”; 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 - Final decision: Moscow City Court on 04/10/2019	4,000
25001/20 27/02/2020	Anastasiya Dmitriyevna MARINA 1997		Manifestation for fair elections to Mosgorduma Moscow 27/07/2019	Article 20.2 § 6.1 of CAO	fine of RUB 10,000	Moscow City Court 30/08/2019	Art. 5 (1) - unlawful deprivation of liberty - arrest, detention from 27/07/2019 to 29/07/2019 at the police station as an administrative suspect for a “full and correct examination of the case”, without any “exceptional circumstances”; the applicant remained in detention after the offence record had been compiled on 28/07/2019; Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court on 30/08/2019	4,000
25008/20 27/02/2020	Pavel Nikolayevich KOSTENKO 1988		Manifestation for fair elections to Mosgorduma Moscow 27/07/2019	Article 20.2 § 6.1 of CAO	fine of RUB 10,000	Moscow City Court 30/08/2019	Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting and detention from 27/07/2019 to 29/07/2019 at the police station as an administrative suspect for drawing up of the administrative offence record, without any “exceptional circumstances”; the applicant remained in detention after the administrative offence record had been compiled on 28/07/2019, Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court on 30/08/2019	4,000
25980/20 23/03/2020	Balaram Dmitriyevich USOV 1999	Zamyatin Yevgeniy Mikhaylovich Berlin	Manifestation for fair elections to Mosgorduma Moscow 27/07/2019	Article 20.2 § 5 of CAO	fine of RUB 15,000	Moscow City Court 26/09/2019	Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to the police office for the purpose of drawing up a record of administrative offence on 27/07/2019: no evidence / assessment that it was impracticable, on the spot, to compile the offence record and to achieve the objectives set out in the CAO; Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court on 26/09/2019	4,000
26052/20 25/03/2020	Nikolay Andreyevich ANSHOV 2000	Pomazuyev Aleksandr Yevgenyevich Vilnius	Manifestation for fair elections to Mosgorduma Moscow 27/07/2019	Article 20.2 § 6.1 of CAO	fine of RUB 15,000	Moscow City Court 14/10/2019	Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court on 14/10/2019	3,500
26311/20 25/03/2020	Maksim Vladimirovich VOLKOV 1981	Bayturina Svetlana Nikolayevna Moscow	Manifestation for fair elections to Mosgorduma Moscow 27/07/2019	Article 20.2 § 5 of CAO	fine of RUB 15,000	Moscow City Court 26/09/2019	Art. 5 (1) - unlawful deprivation of liberty - arrest and detention between 2.17 p.m. and 6.50 p.m. on 27/07/2019 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence: no evidence/ assessment that it was impracticable, on the spot, to compile the offence record and to achieve the objectives set out in the CAO; Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court on 26/09/2019	4,000
26610/20 05/06/2020	Sergey Vladimirovich AFONIN 1984	Pomazuyev Aleksandr Yevgenyevich Vilnius	Manifestation for fair elections to Mosgorduma Moscow 27/07/2019	Article 20.2 § 5 of CAO	fine of RUB 15,000	Moscow City Court 24/10/2019	Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 27/07/2019 for the sole purpose of drawing up a record of administrative offence - no evidence/ assessment that it was impracticable, on the spot, to compile the offence record and to achieve the objectives set out in the CAO	4,000
26860/20 16/04/2020	Artem Vladimirovich ILYUKHIN 1999	Bayturina Svetlana Nikolayevna Moscow	Manifestation for fair elections to Mosgorduma Moscow, Bolshaya Dmitrovka street 27/07/2019	Article 20.2 § 5 of CAO	fine of RUB 15,000	Moscow City Court 16/10/2019	Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to the police office on 27/07/2019 for the purpose of drawing up a record of administrative offence: no evidence/ assessment that it was impracticable, on the spot, to compile the offence record and to achieve the objectives set out in the CAO; Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court on 16/10/2019	4,000
27289/20 11/06/2020	Dmitriy Vladimirovich GILEV 1994	Pomazuyev Aleksandr Yevgenyevich Vilnius	Manifestation for fair elections to Mosgorduma Moscow 27/07/2019	Article 20.2 § 5 of CAO	fine of RUB 15,000	Moscow City Court 28/10/2019	Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to the police office on 27/07/2019 for the sole purpose of drawing up a record of administrative offence - no evidence/ assessment that it was impracticable, on the spot, to compile the offence record and to achieve the objectives set out in the CAO	4,000
27714/20 25/03/2020	Levon Arturovich GRIGORYAN 1993	Pomazuyev Aleksandr Yevgenyevich Vilnius	Manifestation for fair elections to Mosgorduma Moscow 27/07/2019	Article 20.2 § 6.1 of CAO	fine of RUB 10,000	Moscow City Court 16/10/2019	Art. 5 (1) - unlawful deprivation of liberty - arrest and detention between 27/07/2019 and 29/07/2019 as administrative suspect for the purpose of drawing a record of administrative offence; no evidence / assessment of “exceptional circumstances”, detention beyond the three-hour statutory period, and after the administrative offence record had been compiled on 28/07/2019; Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court on 16/10/2019	4,000
27746/20 18/06/2020	Semen Vladimirovich KOLOSOV 1991	Sirosh Fedor Yevgenyevich Moscow	Manifestation for fair elections to Mosgorduma Moscow 27/07/2019	Article 20.2 § 5 of CAO	fine of RUB 10,000	Moscow City Court 04/10/2019	Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 27/07/2019 for the sole purpose of drawing up a record of administrative offence, detention; in excess of three hours Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court on 04/10/2019	4,000
27753/20 18/06/2020	Vladimir Pavlovich BELYKH 1982	Sirosh Fedor Yevgenyevich Moscow	Manifestation for fair elections to Mosgorduma Moscow 27/07/2019	Article 20.2 § 6.1 of CAO	fine of RUB 15,000	Moscow City Court 26/11/2019	Art. 5 (1) - unlawful deprivation of liberty - arrest and detention between 27/07/2019 and 29/07/2019 as administrative suspect for the purpose of drawing up a record of administrative offence; no evidence /assessment of “exceptional circumstances”, detention beyond the three-hour statutory period, and after the administrative offence record was compiled at 10 p.m. on 27/07/2019; Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court 26/11/2019	4,000
28560/20 09/06/2020	Dzhabir Ibragimovich IBRAGIMOV 1970	Pershakova Yelena Yuryevna Moscow	Manifestation for fair elections to Mosgorduma Moscow 27/07/2019	Article 20.2 § 6.1 of CAO	fine of RUB 20,000	Moscow City Court 14/10/2019	Art. 5 (1) - unlawful deprivation of liberty - arrest and detention between 27/07/2019 and 29/07/2019 as administrative suspect for the purpose of drawing a record of administrative offence; no evidence /assessment of “exceptional circumstances”, detention beyond the three-hour statutory period, and after the administrative offence record was compiled on 27/07/2019; Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court on 14/10/2019	4,000
28563/20 09/06/2020	Arlen Remziyevich BEKIROV 1996	Pershakova Yelena Yuryevna Moscow	Manifestation for fair elections to Mosgorduma Moscow 27/07/2919	Article 20.2 § 6.1 of CAO	fine of RUB 10,000	Moscow City Court 08/11/2019	Art. 5 (1) - unlawful deprivation of liberty - arrest and detention between 27/07/2019 and 29/07/2019 as administrative suspect for the purpose of drawing up a record of administrative offence; no evidence /assessment of “exceptional circumstances”, detention beyond the three-hour statutory period, and after the administrative offence record was compiled at 10 p.m. on 27/07/2019; Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court on 08/11/2019	4,000
28565/20 09/06/2020	Anton Sergeyevich TIMOFEYEV 1987	Pershakova Yelena Yuryevna Moscow	Manifestation for fair elections to Mosgorduma Moscow 27/07/2019	Article 20.2 § 6.1 of CAO	fine of RUB 12,000	Moscow City Court 14/10/2019	Art. 5 (1) - unlawful deprivation of liberty - arrest and detention between 27/07/2019 and 29/07/2019 as administrative suspect for the purpose of drawing up a record of administrative offence; no evidence/ assessment of “exceptional circumstances”, detention beyond the three-hour statutory period, and after the administrative offence record was compiled on 27/07/2019; Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court on 14/10/2019	4,000

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 charges

Penalty

Final domestic decision

Court Name

Date

Other complaints under well‑established case-law

Amount awarded for pecuniary and non-pecuniary damage per applicant

(in euros) [1]

2984/20

11/12/2019

Vasiliy Borisovich BOGDANOV

1990

Savelyev Anton Alekseyevich

Domodedovo

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Article 20.2 § 6.1 of CAO

fine of RUB 10,000

Moscow City Court

12/09/2019

Art. 5 (1) - unlawful deprivation of liberty- arrest and detention between 27/07/2019 and 29/07/2019 (two consecutive administrative arrest records of 27/07 and 28/07/2019) as administrative suspect “for a timely and correct examination of the case”: no evidence / assessment of “exceptional circumstances” under the CAO, detention beyond the three-hour statutory period, and after the administrative offence record had been compiled on 28/07/2019;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court on 12/09/2019

4,000

9278/20

31/01/2020

Aleksandr Alekseyevich KUKIN

1992

Glukhov Aleksey Vladimirovich

Novocheboksarsk

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Article 20.2 § 6.1 of CAO

administrative detention of 7 days

Moscow City Court

01/08/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention between 27/07/2019 and 29/07/2019 as administrative suspect for the purpose of drawing up a record of administrative offence; no evidence/ assessment of “exceptional circumstances”, detention beyond the three-hour statutory period (the administrative offence record compiled on 29/07/2019);

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court on

01/08/2019;

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 30/07/2019 by the court of first instance was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO

5,000

11628/20

05/02/2020

Anton Igorevich CHAPARIN

1995

Balog Natalya Andreyevna

Krasnoyarsk

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Article 20.2 § 6.1 of CAO

administrative detention of 5 days

Moscow City Court

06/08/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention between 27/07/2019 and 29/07/2019 as administrative suspect: no evidence / assessment of “exceptional circumstances”, detention beyond the three-hour statutory period, and after the administrative offence record had been compiled on 27/07/2019;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court on 06/08/2019;

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant by the court of first instance on 29/07/2019 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO

5,000

13001/20

27/02/2020

Andrey Mikhaylovich MALYKH

1989

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Article 20.2 § 6.1 of CAO

fine of RUB 10,000

Moscow City Court

30/08/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention between 27/07/2019 and 29/07/2019 as administrative suspect for a “full and correct consideration of the case”, beyond a beyond the three-hour statutory period and after the administrative offence record had been compiled on 28/07/2019, in the absence of any “exceptional circumstances”;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court on 30/08/2019

4,000

13234/20

21/02/2020

Aleksey Orionovich IVANOV

1990

Sidorkina Svetlana Ivanovna

Moscow

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Article 20.2 § 5 of CAO

fine of RUB 15,000

Moscow City Court

04/10/2019

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court on

04/10/2019

3,500

13236/20

21/02/2020

Irina Alekseyevna ASHEVSKAYA

1968

Sidorkina Svetlana Ivanovna

Moscow

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

06/11/2019

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court on

06/11/2019

3,500

13238/20

21/02/2020

Maksim Timurovich CHUNGULBAYEV

1995

Sidorkina Svetlana Ivanovna

Moscow

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Article 20.2 § 5 of CAO

fine of RUB 18,000

Moscow City Court

04/10/2019

3,500

14310/20

22/01/2020

Viktor Anatolyevich SHENDEROVICH

1958

Zboroshenko Nikolay Sergeyevich

Mytishchi

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Article 20.2 § 6.1 of CAO

fine of RUB 10,000

Moscow City Court

04/09/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention between 8.30 p.m. on 27/07/2019 and 4.30 a.m. on 28/07/2019 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence, no evidence/assessment of any “exceptional circumstances”;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court on

04/09/2019

4,000

24893/20

22/06/2020

Aleksey Vladimirovich UCHAYEV

1992

Lawyers of former Memorial Human Rights Centre

Moscow

Manifestation for fair elections to Mosgorduma

Tverskaya str., Moscow

27/07/2019

Article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

26/09/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 27/07/2019 for the sole purpose of drawing up a record of administrative offence - no evidence/ assessment that it was impracticable, on the spot, to compile the offence record and to achieve the objectives set out in the CAO;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court on 26/09/2019

4,000

24896/20

22/06/2020

Olga Stanislavovna VINOGRADOVA

1959

Lawyers of former Memorial Human Rights Centre

Moscow

Manifestation for fair elections to Mosgorduma

Strastnoy boulevard, Moscow

27/07/2019

Article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

24/09/2019

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court on

24/09/2019

3,500

24902/20

22/06/2020

Artem Andreyevich PYLAYEV

1976

Lawyers of former Memorial Human Rights Centre

Moscow

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Article 20.2 § 6.1 of CAO

fine of RUB 10,000

Moscow City Court

04/10/2019

Art. 5 (1) - unlawful deprivation of liberty - unlawful arrest, escorting and detention from 27/07/2019 to 29/07/2019 at the police station as an administrative suspect for the purpose of drawing up an administrative-offence record, without any “exceptional circumstances”; 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 - Final decision: Moscow City Court on

04/10/2019

4,000

25001/20

27/02/2020

Anastasiya Dmitriyevna MARINA

1997

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Article 20.2 § 6.1 of CAO

fine of RUB 10,000

Moscow City Court

30/08/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest, detention from 27/07/2019 to 29/07/2019 at the police station as an administrative suspect for a “full and correct examination of the case”, without any “exceptional circumstances”; the applicant remained in detention after the offence record had been compiled on 28/07/2019;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court on

30/08/2019

4,000

25008/20

27/02/2020

Pavel Nikolayevich KOSTENKO

1988

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Article 20.2 § 6.1 of CAO

fine of RUB 10,000

Moscow City Court

30/08/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting and detention from 27/07/2019 to 29/07/2019 at the police station as an administrative suspect for drawing up of the administrative offence record, without any “exceptional circumstances”; the applicant remained in detention after the administrative offence record had been compiled on 28/07/2019,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court on

30/08/2019

4,000

25980/20

23/03/2020

Balaram Dmitriyevich USOV

1999

Zamyatin Yevgeniy Mikhaylovich

Berlin

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Article 20.2 § 5 of CAO

fine of RUB 15,000

Moscow City Court

26/09/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to the police office for the purpose of drawing up a record of administrative offence on 27/07/2019: no evidence / assessment that it was impracticable, on the spot, to compile the offence record and to achieve the objectives set out in the CAO;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court on

26/09/2019

4,000

26052/20

25/03/2020

Nikolay Andreyevich ANSHOV

2000

Pomazuyev Aleksandr Yevgenyevich

Vilnius

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Article 20.2 § 6.1 of CAO

fine of RUB 15,000

Moscow City Court

14/10/2019

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court on

14/10/2019

3,500

26311/20

25/03/2020

Maksim Vladimirovich VOLKOV

1981

Bayturina Svetlana Nikolayevna

Moscow

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Article 20.2 § 5 of CAO

fine of RUB 15,000

Moscow City Court

26/09/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention between 2.17 p.m. and 6.50 p.m. on 27/07/2019 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence: no evidence/ assessment that it was impracticable, on the spot, to compile the offence record and to achieve the objectives set out in the CAO;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court on

26/09/2019

4,000

26610/20

05/06/2020

Sergey Vladimirovich AFONIN

1984

Pomazuyev Aleksandr Yevgenyevich

Vilnius

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Article 20.2 § 5 of CAO

fine of RUB 15,000

Moscow City Court

24/10/2019

4,000

26860/20

16/04/2020

Artem Vladimirovich ILYUKHIN

1999

Bayturina Svetlana Nikolayevna

Moscow

Manifestation for fair elections to Mosgorduma

Moscow, Bolshaya Dmitrovka street

27/07/2019

Article 20.2 § 5 of CAO

fine of RUB 15,000

Moscow City Court

16/10/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to the police office on 27/07/2019 for the purpose of drawing up a record of administrative offence: no evidence/ assessment that it was impracticable, on the spot, to compile the offence record and to achieve the objectives set out in the CAO;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court

on 16/10/2019

4,000

27289/20

11/06/2020

Dmitriy Vladimirovich GILEV

1994

Pomazuyev Aleksandr Yevgenyevich

Vilnius

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Article 20.2 § 5 of CAO

fine of RUB 15,000

Moscow City Court

28/10/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to the police office on 27/07/2019 for the sole purpose of drawing up a record of administrative offence - no evidence/ assessment that it was impracticable, on the spot, to compile the offence record and to achieve the objectives set out in the CAO

4,000

27714/20

25/03/2020

Levon Arturovich GRIGORYAN

1993

Pomazuyev Aleksandr Yevgenyevich

Vilnius

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Article 20.2 § 6.1 of CAO

fine of RUB 10,000

Moscow City Court

16/10/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention between 27/07/2019 and 29/07/2019 as administrative suspect for the purpose of drawing a record of administrative offence; no evidence / assessment of “exceptional circumstances”, detention beyond the three-hour statutory period, and after the administrative offence record had been compiled on 28/07/2019;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court on

16/10/2019

4,000

27746/20

18/06/2020

Semen Vladimirovich KOLOSOV

1991

Sirosh Fedor Yevgenyevich

Moscow

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

04/10/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 27/07/2019 for the sole purpose of drawing up a record of administrative offence, detention; in excess of three hours

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court on

04/10/2019

4,000

27753/20

18/06/2020

Vladimir Pavlovich BELYKH

1982

Sirosh Fedor Yevgenyevich

Moscow

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Article 20.2 § 6.1 of CAO

fine of RUB 15,000

Moscow City Court

26/11/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention between 27/07/2019 and 29/07/2019 as administrative suspect for the purpose of drawing up a record of administrative offence; no evidence /assessment of “exceptional circumstances”, detention beyond the three-hour statutory period, and after the administrative offence record was compiled at 10 p.m. on 27/07/2019;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court

26/11/2019

4,000

28560/20

09/06/2020

Dzhabir Ibragimovich IBRAGIMOV

1970

Pershakova Yelena Yuryevna

Moscow

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Article 20.2 § 6.1 of CAO

fine of RUB 20,000

Moscow City Court

14/10/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention between 27/07/2019 and 29/07/2019 as administrative suspect for the purpose of drawing a record of administrative offence; no evidence /assessment of “exceptional circumstances”, detention beyond the three-hour statutory period, and after the administrative offence record was compiled on 27/07/2019;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court on

14/10/2019

4,000

28563/20

09/06/2020

Arlen Remziyevich BEKIROV

1996

Pershakova Yelena Yuryevna

Moscow

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2919

Article 20.2 § 6.1 of CAO

fine of RUB 10,000

Moscow City Court

08/11/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention between 27/07/2019 and 29/07/2019 as administrative suspect for the purpose of drawing up a record of administrative offence; no evidence /assessment of “exceptional circumstances”, detention beyond the three-hour statutory period, and after the administrative offence record was compiled at 10 p.m. on 27/07/2019;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court on

08/11/2019

4,000

28565/20

09/06/2020

Anton Sergeyevich TIMOFEYEV

1987

Pershakova Yelena Yuryevna

Moscow

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Article 20.2 § 6.1 of CAO

fine of RUB 12,000

Moscow City Court

14/10/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention between 27/07/2019 and 29/07/2019 as administrative suspect for the purpose of drawing up a record of administrative offence; no evidence/ assessment of “exceptional circumstances”, detention beyond the three-hour statutory period, and after the administrative offence record was compiled on 27/07/2019;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court on

14/10/2019

4,000