BOGDANOV AND OTHERS v. RUSSIA - 38690/21 (Article 11 - Freedom of assembly and association : Fifth Section Committee) [2024] ECHR 574 (27 June 2024)


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European Court of Human Rights


You are here: BAILII >> Databases >> European Court of Human Rights >> BOGDANOV AND OTHERS v. RUSSIA - 38690/21 (Article 11 - Freedom of assembly and association : Fifth Section Committee) [2024] ECHR 574 (27 June 2024)
URL: http://www.bailii.org/eu/cases/ECHR/2024/574.html
Cite as: [2024] ECHR 574

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FIFTH SECTION

CASE OF BOGDANOV AND OTHERS v. RUSSIA

(Applications nos. 38690/21 and 23 others -

see appended list)

 

 

 

 

 

 

JUDGMENT

 

STRASBOURG

27 June 2024

 

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


In the case of Bogdanov and Others v. Russia,

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

 María Elósegui, President,
 Kateřina Šimáčková,
 Stephane Pisani, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 6 June 2024,

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

PROCEDURE


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


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

THE FACTS


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


4.  The applicants complained of the disproportionate measures taken against them as organisers or participants of public assemblies. They 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 Korneyeva v. Russia, no. 72051/17, §§ 34-36, 8 October 2019 and Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018, 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); 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.  In view of the above findings, the Court considers that there is no need to deal separately with the remainder of the applicants' 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 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 remainder of the applicants' complaints;
  4. Holds that there has been 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 the 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 27 June 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

 

 Viktoriya Maradudina María Elósegui

 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 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.    

38690/21

15/07/2021

Sergey

Aleksandrovich BOGDANOV

1999

Memorial Human Rights Centre

Moscow

Rally "Free Navalnyy"

 

Moscow

 

23/01/2021

article 20.2 § 6.1 of CAO

detention for 12 days

Moscow City Court

30/01/2021

Art. 5 (1) - unlawful detention - Arrest and detention from 23/01/2021 to 25/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; the complaint was raised on appeal in the administrative proceedings;

Detention as an administrative suspect: 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,

 

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 a suspensive effect of an appeal under the CAO

5,000

  1.    

45712/21

26/08/2021

Lyudmila Aleksandrovna TKHORENKO

2001

Zubarev

Dmitriy Vladimirovich

Vladivostok

Rally "Free Navalnyy"

 

Vladivostok

 

31/01/2021

article 20.2 § 5 of CAO

30 hours of community work

Primorye Regional Court

12/04/2021

Art. 5 (1) - unlawful detention - Arrest and detention on 31/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; the complaint was raised on appeal in the administrative proceedings,

 

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.    

45747/21

31/08/2021

Maksim

Borisovich

CHIRKOV

1987

Shimovolos Sergey Mikhaylovich

Nizhniy Novgorod

Protest rally

 

Nizhniy Novgorod

 

23/01/2021

article 20.2 § 5 of CAO

fine of

RUB 10,000

Nizhniy Novgorod Regional Court

24/06/2021

Art. 5 (1) - unlawful detention - Arrest and detention on 23/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; the issue was addressed by the appeal court,

 

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.    

45827/21

04/09/2021

Ignat

Valentinovich VOLOSHIN

1990

Markin Konstantin Aleksandrovich

Velikiy Novgorod

Rally "Free Navalnyy"

 

Velikiy Novgorod

 

23/01/2021

article 20.2 § 5 of CAO

20 hours of community work

Novgorod Regional Court

11/03/2021

Art. 5 (1) - unlawful detention - Arrest and detention on 23/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; the complaint was raised on appeal in the administrative proceedings,

 

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.    

45971/21

30/08/2021

Eduard Aleksandrovich STADNIK

2002

Pershakova Yelena

Yuryevna

Moscow

 Rally "Free Navalnyy"

 

Moscow

 

02/02/2021

article 20.2 § 5 of CAO

30 hours of community work

Moscow City 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.    

46191/21

26/08/2021

Arkadiy

Vadimovich PODKOPAYEV

1974

Zboroshenko Nikolay Sergeyevich

Mytishchi

Rally "Free Navalnyy"

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

detention for 7 days

Moscow City Court

02/03/2021

Art. 5 (1) - unlawful detention - Arrest and detention on 31/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; the complaint was raised on appeal in the administrative proceedings,

 

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.    

47199/21

01/09/2021

Aleksandr Alekseyevich YELEFIRENKO

1994

Bochilo

Anna Yevgenyevna

Barnaul

Rally "Free Navalnyy"

 

Moscow

 

23/01/2021

article 20.2 § 5 of CAO

fine of

RUB 20,000

Moscow City Court

01/06/2021

Art. 5 (1) - unlawful detention - Arrest and detention on 23/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; the complaint was raised on appeal in the administrative proceedings,

 

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.    

47244/21

10/09/2021

Dmitriy

Veniaminovich POVOLOKIN

1981

Mezak

Ernest Aleksandrovich

Saint-Barthélemy-d'Anjou

Rally "Free Navalnyy"

 

Syktyvkar

 

31/01/2021

article 20.2 § 5 of CAO

fine of

RUB 10,000

Supreme Court of the Komi Republic

10/03/2021

Art. 5 (1) - unlawful detention - Arrest and detention on 31/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; the complaint was raised on appeal in administrative proceedings,

 

 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.    

47392/21

10/09/2021

Viktoriya

Viktorovna PARKHOMENKO

1973

Bochilo

Anna Yevgenyevna

Barnaul

Rally "Free Navalnyy"

 

Anapa

 

23/01/2021

article 20.2 § 5 of CAO

fine of

RUB 10,000

Krasnodar Regional Court

07/04/2021

Art. 5 (1) - unlawful detention - Arrest and detention from 3.10 p.m. to 8.10 p.m. on 23/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity;

Detention as an administrative suspect: the applicant remained in detention after the offence record had been compiled;

Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO); the complaints were raised on appeal in the administrative proceedings,

 

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.  

49422/21

01/10/2021

Dmitriy

Alekseyevich POPOV

1993

Zhdanov

Ivan

Yuryevich

Vilnius

Rally "Free Navalnyy"

 

Moscow

 

23/01/2021

article 20.2 § 5 of CAO

fine of

RUB 10,000

Moscow City Court

08/04/2021

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

 

Art. 5 (1) - unlawful detention - Arrest and detention in the police station on 23/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity (the issue was examined by the appeal court in the administrative proceedings)

4,000

  1.  

49843/21

24/09/2021

Anna

Aleksandrovna GORYACHEVSKAYA

2001

Pomazuyev Aleksandr Yevgenyevich

Vilnius

Rally "Free Navalnyy"

 

Nizhniy Tagil

 

31/01/2021

article 20.2 § 5 of CAO

fine of

RUB 10,000

Sverdlovsk Regional Court

31/03/2021

Art. 5 (1) - unlawful detention - Arrest and detention on 31/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; the complaint was raised on appeal in the administrative proceedings,

 

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.  

52352/21

22/09/2021

Dmitriy

Anatolyevich ZHARIKHIN

1990

Zboroshenko Nikolay Sergeyevich

Mytishchi

Rally "Free Navalnyy"

 

Moscow

 

23/01/2021

article 20.2 § 5 of CAO

fine of

RUB 15,000

Moscow City Court

28/04/2021

Art. 5 (1) - unlawful detention - Arrest and detention on 23/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity the complaint was raised on appeal in the administrative proceedings,

 

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.  

56308/21

15/11/2021

German

Sergeyevich KHOMENKO

1987

Zhdanov

Ivan

Yuryevich

Vilnius

Rally "Free Navalnyy"

 

Moscow

 

23/01/2021

article 20.2 § 5 of CAO

fine of

RUB 15,000

Moscow City Court

19/05/2021

Art. 5 (1) - unlawful detention - Arrest and detention on 23/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; the complaint was raised on appeal in the administrative proceedings,

 

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.  

56414/21

23/10/2021

Irina

Alekseyevna BARKHATOVA

1986

Popkov

Aleksandr Vasilyevich

Sochi

Rally "Free Navalnyy"

 

Sochi

 

23/01/2021

article 20.2 § 6.1 of CAO

fine of

RUB 10,000

Krasnodar Regional Court

26/04/2021

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

 

Art. 5 (1) - unlawful detention - Arrest and detention on 23/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; the complaint was raised on appeal in the administrative proceedings

4,000

  1.  

56426/21

15/11/2021

Ivan

Denisovich SKVORTSOV

2000

Zhdanov

Ivan

Yuryevich

Vilnius

Rally "Free Navalnyy"

 

Novosibirsk

 

23/01/2021

article 20.2 § 5 of CAO

fine of

RUB 10,000

Novosibirsk Regional Court

21/05/2021

Art. 5 (1) - unlawful detention - Arrest and detention on 23/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; the complaint was raised on appeal in the administrative proceedings,

 

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.  

56846/21

31/10/2021

Mariya

Borisovna BELYAYEVA

1960

Zboroshenko Nikolay Sergeyevich

Mytishchi

Forum of Independent Deputies

 

Moscow

 

13/03/2021

article 20.33 of CAO

fine of

RUB 15,000

Izmaylovskiy District Court of Moscow

25/05/2021

Art. 5 (1) - unlawful detention - Arrest and detention from 10.30 a.m. till 6 p.m. on 13/03/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity;

 Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018); the complaints were raised on appeal in the administrative proceedings

4,000

  1.  

56947/21

19/11/2021

Aleksandr Aleksandrovich NIKITIN

1991

Zhdanov

Ivan

Yuryevich

Vilnius

Rally "Free Navalnyy"

 

Tula

 

23/01/2021

article 20.2 § 5 of CAO

fine of

RUB 10,000

Tula Regional Court

07/06/2021

Art. 5 (1) - unlawful detention - Arrest and detention on 23/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; the complaint was raised on appeal in the administrative proceedings,

 

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.  

56960/21

19/11/2021

Irina

Yuryevna

BUDKO

1996

Zhdanov

Ivan

Yuryevich

Vilnius

Rally "Free Navalnyy

 

Saratov

 

21/04/2023

article 20.2 § 5 of CAO

fine of

RUB 10,000

Saratov Regional Court

31/05/2021

Art. 5 (1) - unlawful detention - Arrest and detention on 21/04/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; the complaint was raised on appeal in the administrative proceedings,

 

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.  

57008/21

19/11/2021

Nikolay

Yevgenyevich

ZLOBIN

1990

Zhdanov

Ivan

Yuryevich

Vilnius

Rally "Free Navalnyy"

 

Moscow

 

23/01/2021

article 20.2 § 5 of CAO

fine of

RUB 10,000

Moscow City Court

07/06/2021

Art. 5 (1) - unlawful detention - Arrest and detention on 23/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; the complaint was raised on appeal in the administrative proceedings,

 

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.  

57498/21

12/11/2021

Pavel

Anatolyevich YARILIN

1974

Vasilyev

Nikolay Vladimirovich

Moscow

Rally "Free Navalnyy"

 

Moscow

 

23/01/2021

article 20.2 § 5 of CAO

fine of

RUB 10,000

Moscow City Court

05/08/2021

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.  

58203/21

27/11/2021

Vladimir

Yevgenyevich NIKONOV

1963

Zhdanov

Ivan

Yuryevich

Vilnius

Rally "Free Navalnyy"

 

Balakovo

 

21/04/2021

article 20.2 § 5 of CAO

fine of

RUB 20,000

Saratov Regional Court

25/06/2021

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.  

58980/21

27/11/2021

Ivan

Aleksandrovich VLASOV

1997

Zhdanov

Ivan

Yuryevich

Vilnius

Rally "Free Navalnyy"

 

Perm

 

31/01/2021

article 20.2 § 5 of CAO

20 hours of compulsory work

Perm Regional Court

09/06/2021

Art. 5 (1) - unlawful detention - Arrest and detention on 31/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; the complaint was raised on appeal in the administrative proceedings,

 

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.  

59669/21

17/11/2021

Mikhail

Denisovich

SAMKOV

2001

Zboroshenko Nikolay Sergeyevich

Mytishchi

Rally "Free Navalnyy"

 

Moscow

 

23/01/2021

article 20.2 § 5 of CAO

fine of

RUB 10,000

Moscow City Court

01/06/2021

Art. 5 (1) - unlawful detention - Arrest and detention on 23/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; the complaint was raised on appeal in the administrative proceedings,

 

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.  

59978/21

03/12/2021

Anatoliy

Fedorovich STUKACHEV

1985

Zhdanov

Ivan

Yuryevich

Vilnius

Rally "Free Navalnyy"

 

Moscow

 

23/01/2021

article 20.2 § 6.1 of CAO

fine of

RUB 10,000

Moscow City Court

11/06/2021

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

 

Art. 5 (1) - unlawful detention - Arrest and detention on 23/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; the complaint was raised on appeal in the administrative 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/2024/574.html