ABAKUMOV AND OTHERS v. RUSSIA - 50116/18 (Article 11 - Freedom of assembly and association : First Section Committee) [2023] ECHR 966 (30 November 2023)


BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?

No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!



BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

European Court of Human Rights


You are here: BAILII >> Databases >> European Court of Human Rights >> ABAKUMOV AND OTHERS v. RUSSIA - 50116/18 (Article 11 - Freedom of assembly and association : First Section Committee) [2023] ECHR 966 (30 November 2023)
URL: http://www.bailii.org/eu/cases/ECHR/2023/966.html
Cite as: [2023] ECHR 966

[New search] [Contents list] [Help]


 

 

 

FIRST SECTION

CASE OF ABAKUMOV AND OTHERS v. RUSSIA

(Applications nos. 50116/18 and 37 others -

see appended list)

 

 

 

 

 

JUDGMENT

 

 

 

 

STRASBOURG

30 November 2023

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


In the case of Abakumov and Others v. Russia,

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

 Péter Paczolay, President,
 Gilberto Felici,
 Raffaele Sabato, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 9 November 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 or participants of public assemblies. Some applicants also raised other complaints under the provisions of the Convention.

THE LAW

  1. JOINDER OF THE APPLICATIONS


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

  1. JURISDICTION


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

  1. ALLEGED VIOLATION OF ARTICLE 11 OF THE CONVENTION


7.  The applicants complained principally of disproportionate measures taken against them as organisers or participants of public assemblies, namely their arrest in relation to the dispersal of these assemblies and their conviction for administrative offences. They relied, expressly or in substance, on Article 11 of the Convention.


8.  The Court refers to the principles established in its case-law regarding freedom of assembly (see Kudrevičius and Others v. Lithuania [GC], no. 37553/05, ECHR 2015, with further references) and proportionality of interference with it (see Oya Ataman v. Turkey, no. 74552/01, ECHR 2006-XIV, and Hyde Park and Others v. Moldova, no. 33482/06, 31 March 2009).


9.  In the leading cases of Frumkin v. Russia, no. 74568/12, ECHR 2016 (extracts), Navalnyy and Yashin v. Russia, no. 76204/11, 4 December 2014 and Kasparov and Others v. Russia, no. 21613/07, 3 October 2013, the Court already found a violation in respect of issues similar to those in the present case.


10.  Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion as to the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the interferences with the applicants' freedom of assembly were not "necessary in a democratic society".

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

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


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

13.  Having examined all the material before it, the Court concludes that these complaints also disclose violations of the Convention and its Protocols in the light of its findings in Butkevich v. Russia, no. 5865/07, §§ 63-65, 13 February 2018, Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 115-31, 10 April 2018, and Korneyeva v. Russia, no. 72051/17, §§ 34-36, 8 October 2019, as to various aspects of unlawful deprivation of liberty of organisers or participants of public assemblies; Karelin v. Russia, no. 926/08, §§ 58-85, 20 September 2016, concerning the absence of a prosecuting party in the proceedings under the Code of Administrative Offences (the CAO); and Martynyuk v. Russia, no. 13764/15, §§ 38-42, 8 October 2019, relating to the lack of suspensive effect of an appeal against the sentence of administrative detention.

  1. REMAINING COMPLAINTS


14.  Some applicants raised further complaints under the Convention. In view of the findings in paragraphs 11 and 13 above, the Court considers that there is no need to deal separately with these remaining complaints.

  1. APPLICATION OF ARTICLE 41 OF THE CONVENTION


15.  Regard being had to the documents in its possession and to its case-law (see in particular Navalnyy and Others v. Russia [Committee], nos. 25809/17 and 14 others, § 22, 4 October 2022), the Court finds it reasonable to award the sums indicated in the appended table.

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

  1. Decides to join the applications;
  2. Holds that it has jurisdiction to deal with the applicants' complaints as they relate to facts that took place before 16 September 2022;
  3. Declares the complaints under Article 11 of the Convention and the other complaints under the well-established case-law of the Court, as set out in the appended table, admissible, and finds that there is no need to examine separately the remaining complaints;
  4. Holds that there has been a breach of Article 11 of the Convention in respect of all the applicants;
  5. Holds that there has been a violation of the Convention and the Protocols thereto as regards the other complaints raised under the well-established case-law of the Court (see appended table);
  6. Holds

(a)  that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;

(b)  that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

Done in English, and notified in writing on 30 November 2023, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

 

 Viktoriya Maradudina Péter Paczolay

 Acting Deputy Registrar President

 

 


APPENDIX

List of applications raising complaints under Article 11 of the Convention

(disproportionate measures against organisers and participants of public assemblies)

No.

Application no.

Date of introduction

Applicant's name

Year of birth

 

Representative's name and location

Name of the public event

Location

Date

Administrative offence

Penalty

Final domestic decision

Court Name

Date

Other complaints under well-established case-law

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

(in euros)[1]

  1.    

50116/18

10/10/2018

Vyacheslav Valeryevich ABAKUMOV

1986

Zhdanov Ivan Yuryevich

Vilnius

Opposition rally

 

Voronezh

05/05/2018

Article 20.2 § 5 of CAO

 

 

Article 19.3 § 1 of CAO

fine of RUB 10,000

 

 

5 days of detention

Voronezh Regional Court

14/06/2018

 

Voronezh Regional Court

14/06/2018

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

5,000

  1.    

50124/18

10/10/2018

Sergey Igorevich SENTSOV

1998

Zhdanov Ivan Yuryevich

Vilnius

Opposition rally

 

Voronezh

05/05/2018

 

Article 19.3 § 1 of CAO

 

 

 

Article 20.2 § 5 of CAO

 

5 days of detention

 

 

 

fine of RUB 10,000

 

Voronezh Regional Court

15/06/2018

 

 

Voronezh Regional Court

26/06/2018

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

5,000

  1.    

50245/18

10/10/2018

Aleksey Andreyevich FILONOV

2000

Zhdanov Ivan Yuryevich

Vilnius

Opposition rally

 

Voronezh

05/05/2018

Article 19.3 § 1 of CAO

5 days of detention

Voronezh Regional Court

15/06/2018

Art. 5 (1) - unlawful detention - on 05-06/05/2018 detention in a police station for and after compiling an offence report;

 

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

5,000

  1.    

52385/18

27/10/2018

Aleksandr Vasilyevich TONKO

1958

Yatsenko Irina Aleksandrovna

Moscow

Rally of mortgage loaners

 

Moscow

28/11/2017

Article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

26/04/2018

 

(received no earlier than 27/04/2018)

Art. 5 (1) - unlawful detention - on 28/11/2017 escorting to a police station for compiling an offence report

 

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

4,000

  1.    

53206/18

05/11/2018

Vyacheslav Mikhaylovich KALMYKOV

1991

Terekhov Konstantin Ilyich

Moscow

Rally to support A. Navalnyy

 

Astrakhan

28/01/2018

Article 20.2 § 5 of CAO

fine of RUB 10,000

Astrakhan Regional Court

11/05/2018

 

3,500

  1.    

53428/18

31/10/2018

Petr Petrovich PETROV

1957

Pershakova Yelena Yuryevna

Moscow

Rally to support A. Navalnyy

 

Perm

07/10/2017

Article 20.2 § 5 of CAO

fine of RUB 10,000

Perm Regional Court

06/06/2018

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

3,500

  1.    

53807/18

01/11/2018

Yegor Fedorovich YEREMEYEV

1988

Sergeyeva Irina Vadimovna

Moscow

Assembly to support Telegram

 

Moscow

16/04/2018

 

 

Article 20.2.2 § 1 of CAO

fine of RUB 10,000

Moscow City Court

30/05/2018

Art. 5 (1) - unlawful detention - on 16-17/04/2018 escorting to and detention in a police station for compiling an offence report;

 

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

4,000

  1.    

53905/18

27/10/2018

Vladimir Vasilyevich GONTAR

1971

Yatsenko Irina Aleksandrovna

Moscow

Rally of mortgage loaners

 

Moscow

28/11/2017

Article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

26/04/2018

 

(received no earlier than 27/04/2018)

Art. 5 (1) - unlawful detention - on 28/11/2017 escorting to a police station for compiling an offence report;

 

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

4,000

  1.    

54895/18

31/10/2018

Kirill Andreyevich KLYUSOV

1999

Cherkasov Vitaliy Viktorovich

St Petersburg

Opposition rally

 

St Petersburg

05/05/2018

Article 20.2 § 5 of CAO

fine of RUB 10,000

St Petersburg City Court

14/06/2018

Art. 5 (1) - unlawful detention - on 05-06/05/2018 escorting to and detention in a police station for and after compiling an offence report;

 

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

4,000

  1.  

55664/18

13/11/2018

Lyudmila Aleksandrovna SUKOVA

1987

Sergeyeva Irina Vadimovna

Moscow

Assembly to support Telegram

 

Moscow

16/04/2018

Article 20.2.2 § 1 of CAO

fine of RUB 10,000

Moscow City Court

30/05/2018

Art. 5 (1) - unlawful detention - on

16-17/04/2018 escorting to and detention in a police station for compiling an offence report;

 

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

4,000

  1.  

56196/18

16/11/2018

Sofya Dmitriyevna TROFIMOVA

1999

Sergeyeva Irina Vadimovna

Moscow

Assembly to support Telegram

 

Moscow

16/04/2018

Article 20.2.2 § 1 of CAO

fine of RUB 10,000

Moscow City Court

30/05/2018

Art. 5 (1) - unlawful detention - on

16-17/04/2018 escorting to and detention in a police station for compiling an offence report;

 

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

4,000

  1.  

7615/19

21/01/2019

Vyacheslav Borisovich STEBLIN

1968

Zhdanov Ivan Yuryevich

Vilnius

Opposition rally

 

Moscow 05/05/2018

 

 

 

 

 

Rally to support I. Golunov

 

Moscow 12/06/2019

Article 20.2 § 5 of CAO

 

 

Article 19.3 § 1 of CAO

 

 

 

Article 20.2 § 8 of CAO

fine of RUB 15,000

 

 

fine of RUB 1,000

 

 

 

fine of RUB 150,000

Moscow City Court

06/08/2018

 

Moscow City Court

22/10/2018

 

 

Moscow City Court

12/11/2019

Art. 5 (1) - unlawful detention - on 12-13/06/2019 escorting to and detention in a police station for and after compiling an offence report;

 

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

6,000

  1.  

17438/19

18/03/2019

Vyacheslav Vladimirovich VERESHCHAGIN

1972

Olenichev Maksim Vladimirovich

St Petersburg

LGBT-rights rally

 

St Petersburg

04/08/2018

Article 20.2 § 8 of CAO

fine of RUB 150,000

St Petersburg City Court

25/09/2018

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

5,400

  1.  

20139/19

02/04/2019

Svetlana Nikolayevna VOLKOVA

1982

Pomazuyev Aleksandr Yevgenyevich

Vilnius

Rally against the pension reform

 

Yekaterinburg

09/09/2018

Article 20.2 § 5 of CAO

fine of RUB 10,000

Sverdlovsk Regional Court

22/11/2018

Art. 5 (1) - unlawful detention - on 09/09/2018 escorting to a police station for compiling an offence report

4,000

  1.  

20144/19

02/04/2019

Aleksey Andreyevich BARINOV

1988

Pomazuyev Aleksandr Yevgenyevich

Vilnius

Rally against the pension reform

 

Yekaterinburg

09/09/2018

Article 20.2 § 5 of CAO

fine of RUB 10,000

Sverdlovsk Regional Court

22/01/2019

Art. 5 (1) - unlawful detention - on 09/09/2018 escorting to a police station for compiling an offence report;

 

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

4,000

  1.  

21001/19

02/04/2019

Kirill Sergeyevich BADULIN

1996

Pomazuyev Aleksandr Yevgenyevich

Vilnius

Opposition rally

 

Moscow

05/05/2018

Article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

30/11/2018

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

 

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

4,000

  1.  

29446/19

17/05/2019

Nikolay Anatolyevich DUBININ

1989

Yelanchik Oleg Aleksandrovich

Moscow

Rally against the pension reform

 

Moscow

10/09/2018

Article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

20/11/2018

Art. 5 (1) - unlawful detention - on 10/09/2018 escorting to a police station for compiling an offence report;

 

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

4,000

  1.  

29896/19

27/05/2019

Yekaterina Igorevna MAKSIMOVA

1988

Sozonov Ruslan Vladimirovich

Nizhniy Novgorod

Rally against the pension reform

 

Nizhniy Novgorod

09/09/2018

Article 20.2 § 6.1 of CAO

fine of RUB 11,000

Nizhniy Novgorod Regional Court

28/11/2018

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

3,500

  1.  

34163/19

05/06/2019

Ilyana Aleksandrovna SOLOVYEVA

1978

 

 

Animal-rights protest

 

Voronezh

03/11/2018

Article 20.2 § 5 of CAO

fine of RUB 10,000

Voronezh Regional Court

06/12/2018

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

3,500

  1.  

34938/19

17/06/2019

Vadim Dmitriyevich SUKHONENKO

1996

Chernyavskaya Andzhelika Viktorovna

Oktyabrskiy

Rally against the pension reform

 

Novosibirsk

09/09/2018

Article 20.2 § 5 of CAO

fine of RUB 5,000

Novosibirsk Regional Court

18/12/2018

 

3,500

  1.  

35380/19

17/06/2019

Veronika Nikolayevna RAZUMOVA

1989

Chernyavskaya Andzhelika Viktorovna

Oktyabrskiy

Rally against the pension reform

 

Novosibirsk

09/09/2018

Article 20.2 § 5 of CAO

fine of RUB 10,000

Novosibirsk Regional Court

18/12/2018

 

3,500

  1.  

35915/19

14/06/2019

Vladislav Yuryevich KRASAVIN

2000

Yatsenko Irina Aleksandrovna

Moscow

Opposition rally

 

Moscow

28/10/2018

Article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

14/12/2018

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

3,500

  1.  

38683/19

19/07/2019

Dmitriy Yuryevich LVOV

1992

Pomazuyev Aleksandr Yevgenyevich

Vilnius

Opposition rally

 

Moscow

05/05/2018

 

Article 20.2 § 5 of CAO

 

 

Article 19.3 § 1 of CAO

 

fine of RUB 10,000

 

 

fine of RUB 1,000

 

Moscow City Court

18/02/2019

 

Moscow City Court

22/03/2019

Art. 5 (1) - unlawful detention - on

05-07/05/2018 detention in a police station for and after compiling the offence reports

4,000

  1.  

38921/19

10/07/2019

Vea Iosifovna KERPEL

1985

Sholokhov Igor Nikolayevich

Kazan

Rally against the construction of a waste-disposal factory

 

Kazan

17/08/2018

Article 20.2 § 2 of CAO

fine of RUB 20,000

Supreme Court of the Tatarstan Republic

15/05/2019

Art. 5 (1) - unlawful detention - on 28/03/2019 and 02/04/2019, escorting to a police station for recompiling an offence report in relation to the rally on 17/08/2018;

 

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

4,000

  1.  

40293/19

17/07/2019

Vladislav Alekseyevich KRASNOV

1998

 

 

Rally against the pension reform

 

Moscow

10/09/2018

Article 20.2 § 5 of CAO

fine of RUB 15,000

Moscow City Court

18/01/2019

Art. 5 (1) - unlawful detention - on 10/09/2018 escorting to and detention in a police station for compiling an offence report;

 

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

4,000

  1.  

41207/19

16/07/2019

Dmitriy Aleksandrovich KOROLEV

1999

 

 

Opposition rally

 

Moscow

05/05/2018

Article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

16/01/2019

Art. 5 (1) - unlawful detention - on

05-06/05/2018 escorting to and detention in a police station for compiling an offence report;

 

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

4,000

  1.  

41971/19

24/07/2019

Yevgeniy Valeryevich NAYMUSHIN

1985

Yatsenko Irina Aleksandrovna

Moscow

Opposition rally

 

Moscow

05/05/2018

Article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

24/01/2019

Art. 5 (1) - unlawful detention - on

05-06/05/2018 escorting to and detention in a police station for compiling an offence report;

 

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

4,000

  1.  

42083/19

16/07/2019

Denis Mikhaylovich YEREMIN

1987

Pomazuyev Aleksandr Yevgenyevich

Vilnius

Rally against the pension reform

 

Moscow

09/09/2018

 

 

 

Article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

14/03/2019

Art. 5 (1) - unlawful detention - on 09/09/2018 escorting to and detention in a police station for compiling an offence report

4,000

  1.  

43748/19

30/07/2019

Grigoriy Andreyevich IVANOV

1987

Koroleva Galina Vasilyevna

Yekaterinburg

Rally against the pension reform

 

Yekaterinburg

09/09/2018

Article 20.2 § 5 of CAO

fine of RUB 10,000

Sverdlovsk Regional Court

27/02/2019

Art. 5 (1) - unlawful detention - on 09-10/09/2018 escorting to and detention in a police station for compiling an offence report;

 

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

4,000

  1.  

13474/20

02/03/2020

Aleksandr Andreyevich BAIKIN

1990

 

 

Rally to support A. Navalnyy

 

Yaroslavl

07/10/2017

 

 

 

 

 

 

 

 

 

 

 

 

Rally to support A. Navalnyy

 

Yaroslavl

31/01/2021

Article 19.3 § 1 of CAO

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Article 20.2 § 5 of CAO

case discontinued for lack of corpus delicti

 

 

 

 

 

 

 

 

 

 

 

 

 

fine of RUB 10,000

Kirovskiy District Court of Yaroslavl

09/10/2017

(the applicant lodged a claim for compensation due to unlawful administrative proceedings, arrest and violation of his freedom of assembly - final judgment by the Russian Supreme Court on 18/09/2019)

 

Yaroslavl Regional Court

09/04/2021

Art. 5 (1) - unlawful detention - on 07-09/10/2017 and 31/01/2021 escorting to and detention in a police station for compiling offence reports; compensation case in relation to the proceedings in 2017 was dismissed (final decision on 18/09/2019 by Supreme Court);

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings in the 2021 case

5,000

  1.  

39198/21

28/07/2021

Sergey Sergeyevich SMIRNOV

1988

Memorial Human Rights Centre

Moscow

Rally to support A Navalnyy

 

Moscow

31/01/2021

Article 20.2 § 6.1 of CAO

8 days of detention

Moscow City Court

18/02/2021

Art. 5 (1) - unlawful detention - on 31/01/2021-01/02/2021 escorting to and detention in a police station for and after compiling an offence report;

 

 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 - lack of suspensive effect of an appeal against the sentence of detention

5,000

  1.  

40550/21

30/07/2021

Oleg Stanislavovich VODYANITSKIY

1967

Zhdanov Ivan Yuryevich

Vilnius

Rally to support A Navalnyy

 

Kaliningrad

31/01/2021

Article 20.2 § 2 of CAO

5 days of detention

Kaliningrad Regional Court

04/02/2021

Art. 5 (1) - unlawful detention - on 30-31/01/2021 escorting to and detention in a police station for compiling an offence report

 

 

5,000

  1.  

43836/21

12/08/2021

Amir Radikovich IBATULLIN

1998

Shchukin Andrey Yevgenyevcich

Nizhniy Tagil

Rally to support A. Navalnyy

 

Yekaterinburg

31/01/2021

Article 20.2 § 5 of CAO

20 hours of community work

Sverdlovsk Regional Court

08/06/2021

Art. 5 (1) - unlawful detention - on 31/01/2021 escorting to a police station for compiling an offence report

4,000

  1.  

44736/21

18/08/2021

Aleksandr Vladimirovich MATVEYEV

1995

Shchukin Andrey Yevgenyevcich

Nizhniy Tagil

Rally to support A. Navalnyy

 

Yekaterinburg

21/04/2021

 

Article 20.2 § 5 of CAO

30 hours of community work

Sverdlovsk Regional Court

14/07/2021

Art. 5 (1) - unlawful detention - on 21/04/2021 escorting to a police station for compiling an offence report

4,000

  1.  

44737/21

18/08/2021

Andrey Olegovich LIPATOV

1992

Kachanov Roman Yevgenyevich

Yekaterinburg

Rally to support A. Navalnyy

 

Yekaterinburg

31/01/2021

 

 

Article 20.2 § 5 of CAO

30 hours of community work

Sverdlovsk Regional Court

01/04/2021

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

3,500

  1.  

47103/21

15/09/2021

Stepan Yevgenyevich SHIROBOKOV

1999

Pomazuyev Aleksandr Yevgenyevich

Vilnius

Rally to support A. Navalnyy

 

Tomsk

23/01/2021

 

 

Article 20.2 § 5 of CAO

fine of RUB 15,000

Tomsk Regional Court

26/03/2021

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

3,500

  1.  

48286/21

10/09/2021

Nikolay Nikolayevich YUGIN

1967

Pomazuyev Aleksandr Yevgenyevich

Vilnius

Rally to support A. Navalnyy

 

Tomsk

31/01/2021

 

Article 20.2 § 5 of CAO

fine of RUB 10,000

Tomsk Regional Court

19/03/2021

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

3,500

  1.  

54253/21

20/10/2021

Vladimir Pavlovich DRAGUN

1986

Magomedova Luiza Magomedovna

St Petersburg

Rally to support protesters in Belarus

 

St Petersburg

24/01/2021

Article 20.2 § 8 of CAO

9 days of detention

St Petersburg City Court

27/04/2021

Art. 5 (1) - unlawful detention - on 23-24/03/2021 escorting to and detention in a police station for and after compiling an offence report in relation to the rally on 24/01/2021;

 

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

 

 Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - lack of suspensive effect of an appeal against the sentence of detention

5,000

 

 


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


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/eu/cases/ECHR/2023/966.html