NADAREYSHVILI AND OTHERS v. RUSSIA - 41853/21 (Article 5 - Right to liberty and security : Second Section Committee) [2023] ECHR 992 (07 December 2023)


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European Court of Human Rights


You are here: BAILII >> Databases >> European Court of Human Rights >> NADAREYSHVILI AND OTHERS v. RUSSIA - 41853/21 (Article 5 - Right to liberty and security : Second Section Committee) [2023] ECHR 992 (07 December 2023)
URL: http://www.bailii.org/eu/cases/ECHR/2023/992.html
Cite as: [2023] ECHR 992

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SECOND SECTION

CASE OF NADAREYSHVILI AND OTHERS v. RUSSIA

(Applications nos. 41853/21 and 32 others -

see appended list)

 

 

 

 

 

JUDGMENT

 

 

 

 

STRASBOURG

7 December 2023

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


In the case of Nadareyshvili 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 16 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 applicants were represented by Memorial Human Rights Centre, an organisation based in Moscow at the time.


3.  The Russian Government ("the Government") were given notice of the applications.

THE FACTS


4.  The list of applicants and the relevant details of the applications are set out in the appended table.


5.  The applicants complained of the disproportionate measures taken against them as organisers or participants of nationwide protests in support of jailed opposition leader Aleksey Navalnyy. They also raised other complaints under the provisions of the Convention.

THE LAW

  1. JOINDER OF THE APPLICATIONS


6.  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


7.  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


8.  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.


9.  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).


10.  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.

11.  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".


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

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


13.  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.

14.  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 (CAO); 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; and Tomov and Others v. Russia, nos. 18255/10 and 5 others, §§ 123-28, 9 April 2019, concerning poor conditions of transfer in police vans.

  1. REMAINING COMPLAINTS


15.  Some applicants raised further additional complaints under Article 6 of the Convention concerning other aspects of fairness of the administrative-offence proceedings. In view of the findings in paragraphs 11 and 14 above, the Court considers that there is no need to deal separately with these remaining complaints.

  1. APPLICATION OF ARTICLE 41 OF THE CONVENTION


16.  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 under Article 6 of the Convention;
  4. Holds that these complaints disclose a breach of Article 11 of the Convention;
  5. Holds that there has been a violation of the Convention and the Protocols thereto as regards the other complaints raised under the well-established case-law of the Court (see 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 7 December 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)

No.

Application no.

Date of introduction

Applicant's name

Year of birth

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]

  1.    

41853/21

02/08/2021

Anton Sergeyevich NADAREYSHVILI

1992

Rally "Free Navalnyy"

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

detention for 10 days

Moscow City Court

05/02/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 3.05 p.m. on 31/01/2021 and 7.50 p.m. on 01/02/2021;

 

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

 

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

5,000

  1.    

41855/21

02/08/2021

Grigoriy Valentinovich TURINTSEV

1980

Rally "Free Navalnyy"

 

Moscow

 

02/02/2021

article 20.2 § 6.1 of CAO

detention for 10 days

Moscow City Court

09/02/2021

Art. 3 - inadequate conditions of detention during transport - poor conditions of transfer in a police van on 02/02/2021 (overcrowding (22 people in the van), inadequate temperature);

 

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 11:45 p.m. on 02/02/2021 and 6:30 p.m. on 03/02/2021;

 

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

 

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

 

5,000

  1.    

42088/21

04/08/2021

Artem Vladimirovich ALBUTOV

1990

Rally "Free Navalnyy"

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

detention for 8 days

Moscow City Court

24/03/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 3 p.m. on 31/01/2021 and 8 p.m. on 01/02/2021;

 

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

 

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

5,000

  1.    

42093/21

04/08/2021

Vitaliy Borisovich RAZORENOV

1989

Rally "Free Navalnyy"

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

detention for 12 days

Moscow City Court

05/02/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 3 p.m. on 31/01/2021 and 12:30 p.m. on 01/02/2021;

 

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

 

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

5,000

  1.    

42094/21

04/08/2021

Anastasiya Aleksandrovna PISKUN

1995

Rally "Free Navalnyy"

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

detention for 7 days

Moscow City Court

04/02/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 2.40 p.m. on 31/01/2021 and 7.50 p.m. on 01/02/2021;

 

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

 

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

 

 

 

5,000

  1.    

42097/21

04/08/2021

Sergey Aleksandrovich LUSHCHIK

1996

Rally "Free Navalnyy"

 

Moscow

 

02/02/2021

article 20.2 § 6.1 of CAO

detention for 10 days

Moscow City Court

26/03/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 11.50 p.m. on 02/02/2021 and noon on 03/02/2021;

 

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

 

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

5,000

  1.    

42292/21

04/08/2021

Vyacheslav Yuryevich GRICHKOV

1997

Rally "Free Navalnyy"

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

detention for 8 days

Moscow City Court

16/03/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 1.40 p.m. on 31/01/2021 and 8.05 p.m. on 01/02/2021;

 

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

 

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

5,000

  1.    

42311/21

04/08/2021

Dmitriy Nikolayevich DANDYKIN

1992

Rally "Free Navalnyy"

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

detention for 13 days

Moscow City Court

08/02/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 1.30 p.m. on 31/01/2021 and 5 p.m. on 01/02/2021;

 

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

 

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

 

5,000

  1.    

43753/21

26/08/2021

Darya Vladimirovna SUKHOVA

1995

Rally "Free Navalnyy"

 

Moscow

 

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

02/04/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 3.19 p.m. and 11.58 p.m. on 23/01/2021;

 

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.  

43790/21

26/08/2021

Artur Vladimirovich KIUSHKIN

1998

Rally "Free Navalnyy"

 

Saransk

 

21/04/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Supreme Court of the Republic of Chuvashia

04/06/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station between 8.10 p.m. on 21/04/2021 and 1.30 a.m. on 22/04/2021;

 

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.  

43796/21

26/08/2021

Filipp Antonovich FORTUNKOV

1990

Rally "Free Navalnyy"

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

fine of RUB 20,000

Moscow City Court

30/03/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 4.14 p.m. on 31/01/2021 and 5.30 p.m. on 02/02/2021;

 

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.  

43805/21

26/08/2021

Raushaniya Ilgizovna STEGLENKO

1983

Rally "Free Navalnyy"

 

Magnitogorsk

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 13,000

Chelyabinsk Regional Court

31/03/2021

Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record between 1.05 p.m. and 4.15 p.m. on 31/01/2021;

 

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.  

43815/21

26/08/2021

Dmitriy Andreyevich LYSKOV

1982

Rally "Free Navalnyy"

 

Beryozniki

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Perm Regional Court

22/04/2021

Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record between 12.15 p.m. and 3.30 p.m. on 31/01/2021;

 

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.  

43828/21

26/08/2021

Kseniya Alekseyevna UYMANOVA

2000

Rally "Free Navalnyy"

 

Vladivostok

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Primorye Regional Court

15/03/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 12.05 p.m. and 7 p.m. on 31/01/2021;

 

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.  

43850/21

10/08/2021

Leonid Mikhaylovich SHEKHTMAN

1995

Rally "Free Navalnyy"

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

detention for 7 days

Moscow City Court

10/02/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 12.40 p.m. on 31/01/2021 and 4.37 p.m. on 01/02/2021;

 

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

 

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

5,000

  1.  

43859/21

10/08/2021

Yegor Alekseyevich BALYKO

1997

Rally "Free Navalnyy"

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

detention for 12 days

Moscow City Court

04/03/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 5.50 p.m. on 31/01/2021 and 8.30 p.m. on 01/02/2021;

 

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

 

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

5,000

  1.  

43861/21

10/08/2021

Yevgeniy Sergeyevich BARABASH

1995

Rally "Free Navalnyy"

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

detention for 15 days

Moscow City Court

10/02/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 5.30 p.m. on 31/01/2021 and 3.20 p.m. on 01/02/2021;

 

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

 

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

5,000

  1.  

44002/21

30/08/2021

Aleksandr Sergeyevich POPKOVICH

1997

Rally "Free Navalnyy"

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

detention for 10 days

Moscow City Court

02/03/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 6.15 p.m. on 31/01/2021 and 6 p.m. on 01/02/2021;

 

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

 

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

5,000

  1.  

44093/21

30/08/2021

Dmitriy Anatolyevich YEPISHCHEV

1987

Rally "Free Navalnyy"

 

Moscow

 

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 15,000

Moscow City Court

12/04/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 2.30 p.m. on 23/01/2021 and 12.20 a.m. 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.

4,000

  1.  

44100/21

30/08/2021

Irina Vasilyevna ORESHKINA

1977

Rally "Free Navalnyy"

 

Moscow

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

12/03/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 4.40 p.m. and 11.20 p.m. on 31/01/2021;

 

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.  

47174/21

07/09/2021

Marina Sergeyevna KLIVETSKAYA

1975

Rally "Free Navalnyy"

 

Omsk

 

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Omsk Regional Court

06/04/2021

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.  

47202/21

16/09/2021

Yuliya Vladimirovna REZNIKOVA

1972

 

To CHECK

Rally "Free Navalnyy"

 

Taganrog

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Rostov Regional Court

17/03/2021

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.  

47227/21

16/09/2021

Yevgeniy Viktorovich LIDZHIYEV

1991

Rally "Free Navalnyy"

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

detention for 8 days

Moscow City Court

16/03/2021

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

 

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.  

47229/21

16/09/2021

Petr Alekseyevich STRYAKHNIN

1997

Rally "Free Navalnyy"

 

Moscow

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 15,000

Moscow City Court

17/03/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 1.30 p.m. and 9.10 p.m. on 31/01/2021;

 

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.  

48036/21

09/09/2021

Yefim Ilyich MATUSHKIN

2001

Rally "Free Navalnyy"

 

Moscow

 

02/02/2021

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

10/03/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between noon on 02/02/2021 and 1 a.m. on 03/02/2021;

 

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.  

48104/21

09/09/2021

Yakov Mikhaylovich PODMAREV

2002

Rally "Free Navalnyy"

 

Moscow

 

02/02/2021

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

10/03/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 11 a.m. on 02/02/2021 and midnight on 03/02/2021;

 

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.  

48155/21

24/09/2021

Kirill Olegovich SAVCHENKOV

1987

Rally "Free Navalnyy"

 

Moscow

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 15,000

Moscow City Court

19/05/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 3.30 p.m. on 31/01/2021 and 12.03 a.m. on 01/02/2021;

 

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.  

48158/21

24/09/2021

Aleksandra Aleksandrovna SAZONOVA

1996

Rally "Free Navalnyy"

 

Moscow

 

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

02/04/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 3.30 p.m. on 23/01/2021 and noon 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.

4,000

  1.  

48172/21

24/09/2021

Gennadiy Alekseyevich STEPANCHIKOV

1973

Rally "Free Navalnyy"

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

fine of RUB 15,000

Moscow City Court

06/04/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 2.30 p.m. on 31/01/2021 and midnight on 02/02/2021;

 

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.  

48195/21

24/09/2021

Aleksandr Sergeyevich

OSIN

1997

Rally "Free Navalnyy"

 

Moscow

 

02/02/2021

article 20.2 § 6.1 of CAO

fine of RUB 10,000

Moscow City Court

02/04/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 11.30 p.m. on 02/02/2021 and 3 p.m. on 03/02/2021;

 

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.  

48197/21

24/09/2021

Yevgeniy Olegovich ZHIDILEV

1990

Rally "Free Navalnyy"

 

Moscow

 

02/02/2021

article 20.2 § 5 of CAO

fine of RUB 15,000

Moscow City Court

12/04/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 11.30 p.m. on 02/02/2021 and 5 a.m. on 03/02/2021;

 

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.  

48206/21

24/09/2021

Vlada Yuryevna AKHMANOVA

2001

Rally "Free Navalnyy"

 

Cheboksary

 

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Supreme Court of the Republic of Chuvashia

30/03/2021

Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record on 23/01/2021;

 

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.  

48215/21

24/09/2021

Yekaterina Valeryevna BABUTSKAYA

1993

Rally "Free Navalnyy"

 

Taganrog

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Rostov Regional Court

29/03/2021

Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record between 11.15 a.m. and 5.30 p.m. on 31/01/2021;

 

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


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URL: http://www.bailii.org/eu/cases/ECHR/2023/992.html