BORODIN AND OTHERS v. RUSSIA - 50067/18 (Article 11 - Freedom of assembly and association : First Section Committee) [2024] ECHR 200 (07 March 2024)


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European Court of Human Rights


You are here: BAILII >> Databases >> European Court of Human Rights >> BORODIN AND OTHERS v. RUSSIA - 50067/18 (Article 11 - Freedom of assembly and association : First Section Committee) [2024] ECHR 200 (07 March 2024)
URL: http://www.bailii.org/eu/cases/ECHR/2024/200.html
Cite as: [2024] ECHR 200

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FIRST SECTION

CASE OF BORODIN AND OTHERS v. RUSSIA

(Applications nos. 50067/18 and 37 others -

see appended list)

 

 

 

 

 

 

JUDGMENT

 

STRASBOURG

7 March 2024

 

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


In the case of Borodin and Others v. Russia,

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

 Lətif Hüseynov, President,
 Ivana Jelić,
 Erik Wennerström, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 8 February 2024,

Delivers the following judgment, which was adopted on that date:

PROCEDURE


1.  The case originated in applications against Russia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") on the various dates indicated in the appended table.


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

THE FACTS


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


4.  The applicants complained of the disproportionate measures taken against them as organisers or participants of public assemblies. Some applicants also raised other complaints under the provisions of the Convention and its Protocols.

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, concerning 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); 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, Korneyeva, cited above, §§ 62-65 as to the right of the organisers or participants of public assemblies not to be tried and punished twice for the same offence, and Elvira Dmitriyeva v. Russia, nos. 60921/17 and 7202/18, §§ 77-90, 30 April 2019, concerning administrative convictions for making calls to participate in public events.

  1. REMAINING COMPLAINTS


14.  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 paragraph 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 these applications as they relate to the 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 applications 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 March 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

 Viktoriya Maradudina Lətif Hüseynov
 Acting Deputy Registrar President

 

 


APPENDIX

List of applications raising complaints under Article 11 of the Convention

(disproportionate measures against organisers and participants of public assemblies)

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 / criminal charges

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.    

50067/18

10/10/2018

Georgiy Andreyevich BORODIN

1998

Zhdanov Ivan Yuryevich

Vilnius

Manifestation against Putin's re-election

 

Voronezh

05/05/2018

Article 20.2 § 5 of CAO

fine of RUB 10,000

Voronezh Regional Court

04/07/2018

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. 4 - right not to be tried or punished twice in criminal proceedings - overlap of the facts constituting the basis for the applicant's prosecution in the second set of proceedings ended on 04/07/2018 (Art. 20.2 § 5 of CAO) with substantially the same facts underlying his conviction in the first set of proceedings ended on 21/06/2018 (Art. 19.3 § 1 of CAO)

4,000

  1.    

26536/21

30/04/2021

Kseniya Alekseyevna PAKHOMOVA

1994

Solovyev Leonid Alekseyevich

Moscow

Manifestation to support A. Navalnyy

 

Pokrov

06/04/2021

article 20.2.2 § 3 of CAO

detention for 9 days

Vladimir Regional Court

14/04/2021

Art. 5 (1) - unlawful detention - (i) escorting to and detention at the police station for compiling an offence report from 4.00 p.m. on 06/04/2021 until the hearing in the first-instance court on 07/04/2021; (ii) escorting to the police station on 25/04/2021,

 

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

 

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentences of administrative detention imposed on the applicant (both sets of administrative proceedings) were executed immediately, on account of the lack of suspensive effect of an appeal under the CAO,

 

Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 21/04/2021 in Moscow, Article 20.2 § 2 of CAO, detention for 10 days, final decision Moscow City Court 29/04/2021

5,000

  1.    

49537/21

16/09/2021

Nina Aleksandrovna RESHETILOVA

1970

Zboroshenko Nikolay Sergeyevich

Mytishchi

Rally against construction works in Mitino Park

 

Moscow

27/09/2020

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

22/03/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report 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,

 

Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 21/04/2021 in Moscow, Article 20.2 § 8 of CAO, detention for 15 days, final decision Moscow City Court 26/04/2021

 

 

 

 

4,000

  1.    

51178/21

08/10/2021

Maksim Vyacheslavovich PAYELOV

1987

 

 

Rally "Free Navalnyy"

 

Moscow

23/01/2021

 

Manifestation to support A. Navalnyy

Moscow

21/03/2021

article 20.2 § 5 of CAO

 

 

 

 

Article 20.2 § 8 of CAO

fine of RUB 10,000

 

 

 

fine of RUB 150,000

Moscow City Court

14/04/2021

 

 

 

Moscow City Court

25/08/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.00 p.m. until 7.30 p.m. on 23/01/2021 and on 11/05/2021,

 

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

4,000

  1.    

51346/21

18/09/2021

Darya Andreyevna UDACHINA

2001

Zboroshenko Nikolay Sergeyevich

Mytishchi

Rally "Free Navalnyy"

 

Moscow

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 15,000

Moscow City Court

17/06/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report 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.    

51913/21

08/10/2021

Maksim Igorevich CHERKASOV

1986

Zhdanov Ivan Yuryevich

Vilnius

Rally to support A. Navalnyy

 

Tambov

12/03/2021

article 20.2 § 6.1 of CAO

detention for 6 days

Tambov Regional Court

26/05/2021

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. 4 - right not to be tried or punished twice in criminal proceedings - overlap of the facts constituting the basis for the applicant's prosecution in the second set of proceedings which ended on 28/06/2021 (Art. 20.2 § 2 of CAO) with substantially the same facts underlying his conviction in the first set of proceedings which ended on 26/05/2021 (Art. 20.2 § 6.1 of CAO),

 

Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 31/01/2021 in Tambov, Article 20.2 § 2 of CAO, detention for 7 days, final decision Tambov Regional Court 26/05/2021

5,000

  1.    

54830/21

29/10/2021

Olga Aleksandrovna KARTAVTSEVA

1980

Zhdanov Ivan Yuryevich

Vilnius

Rally "Free Navalnyy"

 

Omsk

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Omsk Regional Court

11/05/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.20 p.m. until 3.00 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.    

54934/21

27/10/2021

Konstantin Valentinovich POKHILCHUK

1996

Semenov Daniil Aleksandrovich

St Petersburg

Opposition gathering

 

St Petersburg

22/06/2020

article 20.2 § 5 of CAO

fine of RUB 10,000

St Petersburg City Court

27/04/2021

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.    

56688/21

02/11/2021

Alipat Magomedovna SULTANBEGOVA

1991

Vertegel Feliks Yevgenyevich

Krasnodar

Rally "Free Navalnyy"

 

Krasnodar

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Krasnodar Regional Court

05/05/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report: (i) from 5.30 p.m. until 11.00 p.m. on 23/01/2021; (ii) from 18.30 p.m. on 19/04/2021 until 7.00 p.m. on 20/04/2021,

 

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

 

Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 21/04/2021 in Krasnodar, Article 20.2 § 2 of CAO, detention for 10 days, final decision Krasnodar Regional Court 09/08/2021,

 

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant (proceedings ended on 09/08/2021) was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO

5,000

  1.  

56883/21

31/10/2021

Alina Dmitriyevna MACHULSKAYA

1991

Zboroshenko Nikolay Sergeyevich

Mytishchi

Forum of independent local elected representative

 

Moscow

13/03/2021

article 20.33 of CAO

fine of RUB 15,000

Izmaylovskiy District Court in Moscow

21/05/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 10.30 a.m. until 6.00 p.m. on 13/03/2021

4,000

  1.  

57098/21

08/11/2021

Sergey Yevgenyevich VDOVIN

1969

Zboroshenko Nikolay Sergeyevich

Mytishchi

Forum of independent local elected representatives

 

Moscow

13/03/2021

article 20.33 of CAO

fine of RUB 15,000

Izmaylovskiy District Court in Moscow

18/05/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 10.30 a.m. until 3.30 p.m. on 13/03/2021

4,000

  1.  

57102/21

08/11/2021

Dmitriy Igorevich GOLIKOV

1983

Zboroshenko Nikolay Sergeyevich

Mytishchi

Forum of independent local elected representatives

 

Moscow

13/03/2021

article 20.33 of CAO

fine of RUB 15,000

Izmaylovskiy District Court in Moscow

25/05/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1.00 p.m. until 4.30 p.m. on 13/03/2021

 

4,000

  1.  

57633/21

07/11/2021

Maksudzhon Mashrabovich KOMILOV

1990

Zboroshenko Nikolay Sergeyevich

Mytishchi

Gathering in front of Tadjik Embassy

 

Moscow

02/04/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

13/07/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report on 02/04/2021,

 

 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.  

61502/21

19/11/2021

Vladislav Vladimirovich BAYKOV

1995

Kseniya Andreyevna KOCHERGO

1997

 

Nechiporenko Natalya Aleksandrovna

Moscow

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 report from 3.22 p.m. until 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.  

323/22

08/12/2021

Timofey Viktorovich ANDRONOV

1996

Zhdanov Ivan Yuryevich

Vilnius

Rally "Free Navalnyy"

 

Volgograd

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Volgograd Regional Court

21/07/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1.20 p.m. until 8.00 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.  

1414/22

30/12/2021

Aleksandr Vasilyevich POPOV

1979

Zhdanov Ivan Yuryevich

Vilnius

Rally "Free Navalnyy"

 

Yaroslavl

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Yaroslavl Regional Court

08/09/2021

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.  

2791/22

30/12/2021

Zhanna Yevgenyevna VAGINA

1972

Zhdanov Ivan Yuryevich

Vilnius

Rally in support of A. Navalnyy

 

Polyarniye Zori

21/04/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Murmansk Regional Court

23/07/2021

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

 

Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 21/04/2021 in Polyarniye Zori, Article 20.2 § 2 of CAO, fine of RUB 20,000, final decision by the Murmansk Regional Court on 23/07/2021

4,000

  1.  

2825/22

30/12/2021

Nikolay Pavlovich PRIBYLOV

1979

Zhdanov Ivan Yuryevich

Vilnius

Rally in support of A. Navalnyy

 

Polyarniye Zori

21/04/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Murmansk Regional Court

13/08/2021

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

 

Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 21/04/2021 in Polyarniye Zori, Article 20.2 § 2 of CAO, fine of RUB 20,000, final decision by the Murmansk Regional Court on 13/08/2021

4,000

  1.  

3298/22

30/12/2021

Aleksandr Vasilyevich POPOV

1979

Zhdanov Ivan Yuryevich

Vilnius

Rally "Free Navalnyy"

 

Yaroslavl

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Yaroslavl Regional Court

20/07/2021

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.  

3951/22

21/12/2021

Andrey Sergeyevich VOROBYEV

1988

Tkachenko Ilya Valeryevich

Gatchina

Rally "Free Navalnyy"

 

St Petersburg

31/01/2021

article 20.2 § 6.1 of CAO

fine of RUB 15,000

St Petersburg City Court

22/06/2021

Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 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.  

4130/22

24/12/2021

Yana Vladimirovna BELYAYEVA

2000

Memorial Human Rights Centre

Moscow

Rally "Free Navalnyy"

 

Krasnoyarsk

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 5,000

Krasnoyarsk Regional Court

24/06/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station from 1.20 p.m. until 5.20 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.  

4182/22

23/12/2021

Emiliya Sergeyevna ALEKSEYEVA

1989

Memorial Human Rights Centre

Moscow

Rally "Free Navalnyy"

 

St Petersburg

31/01/2021

article 20.2.2 § 1 of CAO

fine of RUB 10,000

St Petersburg City Court

24/06/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.58 p.m. until 10.10 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.  

4226/22

18/12/2021

Yelena Georgiyevna MURGANOVA

1988

Peredruk Aleksandr Dmitriyevich

St Petersburg

Opposition gathering

 

St Petersburg

18/06/2020

article 20.2 § 5 of CAO

fine of RUB 10,000

St Petersburg City Court

01/07/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.42 p.m. until 6.41 p.m. on 18/06/2020,

 

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.  

4597/22

24/12/2021

Andrey Pavlovich SYCHEV

1988

Prosvirkina Kseniya Dmitriyevna

Moscow

Rally "Free Navalnyy"

 

Moscow

31/01/2021

article 20.2 § 6.1 of CAO

fine of RUB 15,000

Moscow City Court

15/09/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.52 p.m. on 31/01/2021 until 12.50 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.  

4625/22

24/12/2021

Yevgeniy Aleksandrovich OVCHINNIKOV

2002

Prosvirkina Kseniya Dmitriyevna

Moscow

Rally "Free Navalnyy"

 

Moscow

31/01/2021

article 20.2 § 6.1 of CAO

fine of RUB 10,000

Moscow City Court

29/06/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.05 p.m. on 31/01/2021 until 5.20 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

4,000

  1.  

4766/22

24/12/2021

Denis Anatolyevich GETMAN

1987

Gerasimova Yekaterina Viktorovna

St Petersburg

Opposition gathering

 

St Petersburg

22/06/2020

article 20.2 § 5 of CAO

fine of RUB 10,000

St Petersburg City Court

06/07/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.49 p.m. until 9.49 p.m. on 22/06/2021,

 

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.  

7502/22

30/12/2021

Andrey Andreyevich NOVOKRESHCHENNYKH

1987

Vasin Vladimir Valeryevich

Krasnoyarsk

Rally "Free Navalnyy"

 

Krasnoyarsk

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Krasnoyarsk Regional Court

15/07/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.50 p.m. until 4.02 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.  

7538/22

24/01/2022

Farit Zufarovih SHARAFUTDINOV

1988

Pershakova Yelena Yuryevna

Moscow

Rally "Free Navalnyy"

 

Moscow

02/02/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

29/07/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from approximately 11.00 a.m. until 8.00 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.  

7631/22

18/01/2022

Naum Isayevich GURALNIK

1934

Zboroshenko Nikolay Sergeyevich

Mytishchi

Forum of independent local elected representatives

 

Moscow

13/03/2021

article 20.33 of CAO

fine of RUB 15,000

Izmaylovskiy District Court in Moscow

22/07/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 10.00 a.m. until 11.00 p.m. on 13/03/2021

4,000

  1.  

7733/22

13/01/2022

Olga Anatolyevna NIKOLAYEVA

1986

Memorial Human Rights Centre

Moscow

Rally "Free Navalnyy"

 

Tver

21/04/2021

article 20.2 § 5 of CAO

fine of RUB 12,000

Tver Regional Court

21/07/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 7.05 p.m. until 8.25 p.m. on 21/04/2021,

 

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.  

7746/22

13/01/2022

Mariya Mikhaylovna SHCHETININA

2000

Memorial Human Rights Centre

Moscow

Rally "Free Navalnyy"

 

Moscow

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 15,000

Moscow City Court

15/07/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.00 p.m. on 31/01/2021 until 2.35 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.  

8030/22

14/01/2022

Sofya Olegovna MEDVEDEVA

1995

Popkov Aleksandr Vasilyevich

Sochi

Rally "Free Navalnyy"

 

Sochi

23/01/2021

article 20.2 § 6.1 of CAO

fine of RUB 19,000

Krasnodar Regional Court

11/08/2021

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.  

8097/22

15/01/2022

Yelena Borisovna FERDMAN

1980

Kachanov Roman Yevgenyevich

Yekaterinburg

Rally "Free Navalnyy"

 

Ekaterinburg

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 15,000

Sverdlovsk Regional Court

21/07/2021

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.  

8100/22

14/01/2022

Valentin Vladimirovich YAKUNIN

1967

Usanova Olimpiada Valentinovna

Nizhniy Novgorod

Rally "Free Navalnyy"

 

Nizhniy Novgorod

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Nizhniy Novgorod Regional Court

14/07/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.40 p.m. until 6.40 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.  

8245/22

29/01/2022

Anastasiya Arnoldovna MOISEYEVA

2003

Markin Konstantin Aleksandrovich

Velikiy Novgorod

Rally "Free Navalnyy"

 

Novgorod

21/04/2021

article 20.2 § 5 du CIA

fine of RUB 5,000

Novgorod Regional Court

12/08/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station from 8.00 p.m. until 10.10 p.m. on 21/04/2021,

 

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

4,000

  1.  

27426/22

17/05/2022

Polina Pavlovna BASHUROVA

1998

Zyryanova Mariya Sergeyevna

St Petersburg

Gathering on occasion of International Day for the Elimination of Violence against Women

 

St Petersburg

25/11/2021

article 20.2 § 2 of CAO

fine of RUB 20,000

St Petersburg City Court

18/01/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 8.15 p.m. on 25/11/2021 until the hearing in the first-instance court on 27/11/2021,

 

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.  

32097/22

31/05/2022

Mikhail Grigoryevich FEDOROV

1972

Podolskiy Sergey Viktorovich

St Petersburg

Protest against the war in Ukraine

 

St Petersburg

06/03/2022

 

Protest against the war in Ukraine

 

St Petersburg

13/03/2022

article 20.2 § 6.1 of CAO

 

 

 

 

 

article 20.2 § 6.1 of CAO

fine of RUB 10,000

 

 

 

 

detention for 5 days

St Petersburg City Court

09/06/2022

 

 

 

 

St Petersburg City Court

17/03/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report: (i) first set of the proceedings - from 1.50 p.m. on 06/03/2022 until 1.30 a.m. on 07/03/2022; (ii) second set of the proceedings - from 2.30 p.m. on 13/03/2022 until the hearing in the first-instance court on 14/03/2022,

 

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

45432/22

26/08/2022

Arina Sergeyevna ZABOLOTSKIKH

2002

Sabirov Rim Faridovich

Kazan

Protest against the war in Ukraine

 

Kazan

06/03/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Supreme Court of the Republic of Tatarstan

27/04/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report: (i) first set of the proceedings - from 2.05 p.m. on 06/03/2022 until the hearing in the first-instance court on 07/03/2022; (ii) second set of the proceedings - from 3.50 on 15/03/2022 until the hearing in the first-instance court on the same day,

 

Art. 10 (1) - conviction for the display of slogans/banners/other symbols by participants in public events - displaying banner, Art. 20.3.3 § 1 of CAO, fine of RUB 30,000, Supreme Court of the Republic of Tatarstan, 25/05/2022

5,000

 

 


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


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