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!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
European Court of Human Rights |
||
|
You are here: BAILII >> Databases >> European Court of Human Rights >> ZAKHAROVA AND OTHERS v. RUSSIA URL: http://www.bailii.org/eu/cases/ECHR/2024/634.html Cite as: [2024] ECHR 634 |
||
[New search] [Help]
FIRST SECTION
CASE OF ZAKHAROVA AND OTHERS v. RUSSIA
(Applications nos. 53194/16 and 34 others -
see appended list)
JUDGMENT
STRASBOURG
4 July 2024
This judgment is final but it may be subject to editorial revision.
In the case of Zakharova 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 13 June 2024,
Delivers the following judgment, which was adopted on that date:
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
5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.
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).
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, Kasparov and Others v. Russia, no. 21613/07, 3 October 2013, as well as Kasparov v. Russia, no. 53659/07, §§ 66-69, 11 October 2016, the Court has 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.
12. The 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; Tomov and Others v. Russia, nos. 18255/10 and 5 others, §§ 114-42, 9 April 2019, as regards the conditions of transport of detainees; Novikova and Others v. Russia, nos. 25501/07 and 4 others, §§ 106-225, 26 April 2016, relating to disproportionate measures taken by the authorities against participants of solo demonstrations; Elvira Dmitriyeva v. Russia, nos. 60921/17 and 7202/18, §§ 77-90, 30 April 2019, as to administrative conviction for making calls to participate in public assemblies; Lashmankin and Others v. Russia, nos. 57818/09 and 14 others, §§ 402-78, 7 February 2017, regarding restrictions on location or time of public events; 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.
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 paragraphs 11 and 13 above, the Court considers that there is no need to deal separately with these remaining complaints.
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,
(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 4 July 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)
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 per applicant (in euros)[1] | |
03/09/2016
and
16/10/2018 | Yelena Georgiyevna ZAKHAROVA 1949 | Zboroshenko Nikolay Sergeyevich Moscow | Rally to support Nadezhda Savchenko
Moscow
08/03/2016
Rally to support Nadezhda Savchenko
Moscow
07/03/2016
Public constitutional readings
Moscow
12/03/2018 | article 20.2 § 5 of CAO,
article 19.3 § 1 of CAO
article 20.2 § 5 of CAO
article 20.2 § 8 of CAO | fine of RUB 20,000;
fine of RUB 1,000
fine of RUB 10,000
fine of RUB 150,000 | Moscow City Court 06/07/2016
Moscow City Court 06/07/2016
Moscow City Court 20/06/2016
Moscow City Court 08/10/2018
| Art. 5 (1) - unlawful detention - (1) escorting to the police station for compiling an offence report on 07/03/2016 and 08/03/2016, (2) escorting to and detention at the police station for compiling an offence report from 8.30 p.m. on 12/03/2018 until 12.10 a.m. on 13/03/2018;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the three sets of administrative-offence proceedings (with the final decisions taken by the Moscow City Court on 06/07/2016 and 08/10/2018 respectively);
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 (Art. 19.3 § 1 of CAO) with substantially the same facts underlying her conviction in the first set of proceedings (Art. 20.2 § 5 of CAO), both of which ended with the final decision taken on 06/07/2016. | 6,000 | |
23/11/2017
and
06/11/2018 | Sergey Vladimirovich NOVIKOV 1984 | Glukhov Aleksey Vladimirovich Novocheboksarsk
Zinovyev Konstantin Mikhaylovich Nizhniy Novgorod
| Anti-corruption rally
Nizhniy Novgorod
26/03/2017
Political rally
Nizhniy Novgorod
25/02/2018
| article 20.2 § 5 of CAO
article 20.2 § 8 of CAO | fine of RUB 10,000
detention for 20 days
| Nizhniy Novgorod Regional Court 24/05/2017
Nizhniy Novgorod Regional Court 10/05/2018 | 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.
| 5,000 | |
12/03/2018 | Yekaterina Andreyevna OGNEVA 1995 | Terekhov Konstantin Ilyich Moscow | Protest against corruption
Petropavlovsk-Kamchatskiy
12/06/2017 | article 20.2 § 2 of CAO | fine of RUB 11,000 | Kamchatka Regional Court 27/09/2017 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 3,500 | |
07/09/2018 | Artem Igorevich GONCHARENKO 1995 | Olenichev Maksim Vladimirovich St Petersburg | Voters' strike
St Petersburg
28/01/2018 | article 20.2 § 8 of CAO | detention for 25 days | St Petersburg City Court 07/03/2018 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 2.20 p.m. on 25/02/2018 until 26/02/2018, when the applicant was taken to the court;
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 | |
09/01/2018
and
07/02/2019 | Viktor Arkadyevich BALDIN 1961 |
| Stroll in support of YouTube Channel "ArtPodgotovka"
Yekaterinburg
23/07/2017
Rally to support people with disabilities
Yekaterinburg
17/05/2018
Political rally
Yekaterinburg
07/07/2019
Rally against retirement age hike
Yekaterinburg
09/09/2018
Rally "Free Navalnyy"
Yekaterinburg
31/01/2021
| article 19.3 § 1 of CAO,
article 20.2 § 5 of CAO
article 20.2 § 8 of CAO
article 20.2 § 8 of CAO
article 20.2 § 8 of CAO
article 20.2 § 5 of CAO | detention for 12 days;
fine of RUB 10,000
detention for 15 days
detention for 5 days
detention for 25 days
30 hours of community work | Sverdlovsk Regional Court 28/07/2017
Sverdlovsk Regional Court 15/11/2017
Sverdlovsk Regional Court 22/05/2018
Sverdlovsk Regional Court 16/07/2019
Sverdlovsk Regional Court 14/09/2018
Yekaterinburg Regional Court 30/06/2021 | Art. 5 (1) - unlawful detention - (1) escorting to and detention at the police station from 7 p.m. on 23/07/2017 until 9.30 a.m. on 25/07/2017 and from 2.35 p.m. on 07/07/2019 until 3.20 p.m. on 08/07/2019; (2) escorting to the police station on 17/05/2018, 05/04/2021 and 21/04/2021 for compiling an offence report;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of the administrative-offence proceedings. | 6,000
| |
22/01/2019
and
15/10/2021 | Andrey Dmitriyevich GERASYUK 1987 | Sabinin Andrey Vasilyevich Stavropol
Zhdanov Ivan Yuryevich Vilnius | Protest against retirement age hike
Stavropol
09/09/2018
Rally "Free Navalnyy"
Stavropol
31/01/2021
| article 20.2 § 5 of CAO
article 20.2 § 5 of CAO | fine of RUB 10,000
fine of RUB 10,000 | Stavropol Regional Court 24/10/2018
Stavropol Regional Court 21/04/2021 | 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. | 4,000 | |
20/05/2019 | Gleb Vladimirovich KALINYCHEV 1983 |
| Rally "Free Navalnyy"
Nizhniy Novgorod
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Nizhniy Novgorod Regional Court 11/08/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.20 p.m. until 6.10 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 both sets of the administrative-offence proceedings;
Art. 10 (1) - disproportionate measures against solo demonstrators - solo demonstration in support of Ukrainian political prisoners on 03/06/2018 in Nizhniy Novgorod, conviction under article 20.2 § 5 of CAO, sentenced to 30 hours of community work, final decision taken by the Nizhniy Novgorod Regional Court on 22/11/2018. | 4,000 | |
29/11/2019 | Nikolay Andreyevich KRETOV 1990 | Sergeyeva Irina Vadimovna Moscow | Political rally
Moscow
19/01/2019 | article 19.3 § 1 of CAO | fine of RUB 10,000 | Moscow City Court 24/07/2019 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 4 p.m. on 19/01/2019 until 11.40 a.m. on 21/01/2019;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 4,000 | |
01/02/2020 | Yelena Leonidovna RUSAKOVA 1962 | Rybin Aleksey Vladimirovich Moscow | Rally to support I. Azar
Moscow
29/05/2020 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 04/09/2020 | Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 29/05/2020;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 11 (1) - restrictions on location, time or manner of conduct of public events - Moscow City Administration's refusals to approve the locations and dates of several public events: (1) rally for fair elections on 31/08/2019 in the centre of Moscow, final decision was taken by the Second Cassation Court of General Jurisdiction on 04/12/2019; (2) rally to call for respect of citizen's rights on 24/11/2019 in Sakharova avenue; final decision was taken on 07/12/2020 by the Supreme Court of the Russian Federation; (3) rally to call for respect of citizen's rights on 01/12/2019 in Bolotnaya Square, final decision was taken on 30/09/2020 by the Supreme Court of the Russian Federation; (4) protest against housing renovation program on 15/12/2019 near the Moscow City Administration, final decision was taken on 24/11/2020 by the Supreme Court of the Russian Federation; (5) rally for the preservation of the environment on 15/03/2020 in Komsomolskiy Prospekt, final decision was taken on 15/03/2021 by the Supreme Court of the Russian Federation. | 4,000 | |
18/02/2020 | Valeriya Ibragimovna DZBOYEVA 1998 | Pomazuyev Aleksandr Yevgenyevich Vilnius | Rally in support of independent candidates running for election to Mosgorduma
Rostov-on-Don
10/08/2019 | article 20.1 § 2 of CAO | detention for 2 days | Rostov Regional Court 19/09/2019 | Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 10/08/2019;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 5,000 | |
03/06/2021 | Sergey Nikolayevich KOVYAZIN 1972 | Glukhov Aleksey Vladimirovich Novocheboksarsk | Rally "Free Navalnyy"
Cheboksary
23/01/2021
Rally "Free Navalnyy"
Cheboksary
21/04/2021 | article 20.2 § 5 of CAO
article 20.2 § 8 of CAO | fine of RUB 10,000
40 hours of community work | Supreme Court of the Chuvashia Republic 20/04/2021
Supreme Court of the Chuvashia Republic 26/08/2021 | Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 23/01/2021 and on 21/04/2021;
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. | 4,000 | |
22/06/2021 | Magomed Sultanovich ALAMOV 1977 | Savin Aleksandr Vasilyevich Stavropol | Rally "Free Navalnyy"
Pyatigorsk
31/01/2021 | article 20.2.2 § 1 of CAO | detention for 10 days | Stavropol Regional Court 11/02/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 1.30 p.m. on 31/01/2021 until 01/02/2021, when the applicant was taken to the court;
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 | |
15/07/2021 | Vyacheslav Mikhaylovich RUDENKO 1972 | Memorial Human Rights Centre Moscow | Rally to support A. Navalnyy
Moscow
25/07/2020 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 18/01/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.30 p.m. until 6.40 p.m. on 25/07/2020;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
| 4,000 | |
30/07/2021 | Viktor Nikolayevich IOVENKO 1990 | Memorial Human Rights Centre Moscow | 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. 3 - inadequate conditions of detention during transport - poor conditions of transfer in a police van on 02/02/2021 for 8 hours: 7 persons for 4 cells, less than 0.5 sq. m. per person, the applicant had to sleep on the van floor;
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 3 p.m. on 31/01/2021 until 8.40 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;
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.
| 6,000 | |
05/08/2021 | Maksim Aleksandrovich ZAKHAROV 1986 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Moscow
31/01/2021 | article 20.2 § 6.1 of CAO | detention for 10 days | Moscow City Court 09/02/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 5.15 p.m. on 31/01/2021 until 12.45 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;
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 | |
12/08/2021 | Gleb Yevgenyevich MARYASOV 2000 | Zakhvatov Dmitriy Igorevich Moscow | Rally "Free Navalnyy"
Moscow
23/01/2021 | article 19.3 § 1 of CAO,
article 20.2 § 8 of CAO | detention for 15 days,
detention for 30 days | Moscow City Court 12/02/2021
Moscow City Court 12/02/2021
| Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 7.30 p.m. on 23/01/2021 until 25/01/2021, when the applicant was taken to the court;
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. | 6,000 | |
03/09/2016 | Olga Mikhaylovna MAZUROVA 1960 | Zboroshenko Nikolay Sergeyevich Moscow | Rally to support Nadezhda Savchenko
Moscow
08/03/2016 | article 20.2 § 5 of CAO,
article 19.3 § 1 of CAO | fine of RUB 15,000;
fine of RUB 1,000 | Moscow City Court 08/07/2016
Moscow City Court 08/07/2016 | Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 08/03/2016;
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. 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 (Art. 19.3 § 1 of CAO) with substantially the same facts underlying her conviction in the first set of proceedings (Art. 20.2 § 5 of CAO). | 4,000 | |
03/09/2016 | Gersh Vadimovich CHERVINSKIY 1991 | Zboroshenko Nikolay Sergeyevich Moscow | Rally to support Nadezhda Savchenko
Moscow
08/03/2016 | article 20.2 § 5 of CAO,
article 19.3 § 1 of CAO | fine of RUB 10,000,
fine of RUB 500 | Moscow City Court 08/07/2016
Moscow City Court 08/07/2016
| Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 08/03/2016;
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. 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 (Art. 19.3 § 1 of CAO) with substantially the same facts underlying his conviction in the first set of proceedings (Art. 20.2 § 5 of CAO). | 4,000 | |
12/08/2021 | Irina Aleksandrovna PETROVA 1997 | Shagiyeva Regina Ilgizovna Leninigorsk | Rally "Free Navalnyy"
Naberezhnye Chelny
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Supreme Court of the Tatarstan Republic 24/03/2021 | Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 and 31/01/2021 for compiling an offence report;
Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 23/01/2021 in Naberezhnye Chelny, Article 20.2 § 2 of CAO, fine of RUB 25,000, final decision taken by the Supreme Court of the Tatarstan Republic on 24/03/2021.
| 4,000 | |
28/09/2021 | Mikhail Aleksandrovich TOLSTOY 1999 | Markin Konstantin Aleksandrovich Velikiy Novgorod | Rally "Free Navalnyy"
Moscow
02/02/2021
Anti-war protest
Moscow
24/02/2022 | article 20.2 § 6.1 of CAO
article 20.2 § 5 of CAO | detention for 7 days
fine of RUB 10,000 | Moscow City Court 30/03/2021
Moscow City Court 19/12/2022 | Art. 5 (1) - unlawful detention - 1) escorting to and detention at the police station after compiling an offence report from 11.30 p.m. on 02/02/2021 until 5.20 p.m. on 03/02/2021; 2) escorting to the police station for compiling an offence report on 24/02/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 6.1 of CAO,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant in administrative-offence proceedings under Article 20.2 § 6.1 of CAO was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO. | 5,000 | |
07/10/2021 | Polina Sergeyevna KORZHANOVSKAYA 2002 | Dimitriyev Dmitriy Sergeyevich Orenburg | Rally "Free Navalnyy"
Orenburg
31/01/2021 | article 19.3 § 1 of CAO,
article 20.2 § 5 of CAO | fine of RUB 1,000;
fine of RUB 10,000 | Orenburg Regional Court 12/04/2021
Orenburg Regional Court 07/04/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 12.55 p.m. on 31/01/2021 until 01/02/2021, when the applicant was taken to the court;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 19.3 § 1 of CAO.
| 4,000 | |
26/10/2021 | Aleksandr Sergeyevich NIKOLAICHEV 1996 | Aksenova Darya Dmitriyevna Kolomna | Rally "Free Navalnyy"
Moscow
31/01/2021 | article 20.2 § 6.1 of CAO | detention for 8 days | Moscow City Court 11/05/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.40 p.m. on 31/01/2021 until 9 a.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. | 5,000 | |
05/11/2021 | Irina Mikhaylovna ROVENSKAYA 1983 | Zhdanov Ivan Yuryevich Vilnius | Rally "Free Navalnyy"
Kursk
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 5,000 | Kursk Regional Court 14/05/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 3,500 | |
01/12/2021 | Anton Aleksandrovich MAKAROV 1980 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Krasnoyarsk
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Krasnoyarsk Regional Court 17/06/2021 | 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 | |
29/11/2021 | Yelizaveta Sergeyevna SAMOYLOVA 1993 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Moscow
31/01/2021
Anti-war protest
Moscow
24/02/2022 | article 20.2 § 5 of CAO
article 20.2 § 8 of CAO | fine of RUB 10,000
fine of RUB 200,000 | Moscow City Court 25/06/2021
Moscow City Court 31/10/2022 | Art. 5 (1) - unlawful detention - 1) escorting to the police station for compiling an offence report on 31/01/2021; 2) escorting to and detention at the police station after compiling an offence report from 11.30 p.m. on 24/02/2022 until 11.55 a.m. on 25/02/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 5 of CAO (final decision on 25/06/2021). | 7,000 | |
06/12/2021 | Sofya Sergeyevna YEFREMOVA 2000 | Glukhov Aleksey Vladimirovich Novocheboksarsk | Rally "Free Navalnyy"
Cheboksary
21/04/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Supreme Court of the Chuvashia Republic 01/07/2021 | Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report 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 | |
30/12/2021 | Roman Yevgenyevich KACHANOV 1982 |
| Rally "Free Navalnyy"
Yekaterinburg
31/01/2021 | article 20.2 § 5 of CAO | 30 hours of community work | Sverdlovsk Regional Court 07/07/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
| 3,500 | |
11/07/2022 | Margarita Valeryevna MIROSHNICHENKO 1995 | Bochilo Anna Yevgenyevna Barnaul | Rally against the closure of independent media outlets
Stavropol
06/03/2022 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Stavropol Regional Court 18/05/2022 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.10 p.m. until 7.45 p.m. on 06/03/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 4,000 | |
07/03/2023 | Yekaterina Aleksandrovna AVGUSTENYAK 1984 |
| Anti-war protest
Moscow
27/02/2022 | article 20.2 § 5 of CAO | fine of RUB 20,000 | Moscow City Court 09/11/2022 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 5.05 p.m. until 11.40 p.m. on 27/02/2022. | 4,000 | |
02/03/2023 | Anna Pavlovna KHARITONOVA 1997 |
| Anti-war protest
Moscow
06/03/2022 | article 20.2 § 5 of CAO | fine of RUB 20,000 | Moscow City Court 03/11/2022 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.15 p.m. on 06/03/2022 until 12.30 a.m. on 07/03/2022. | 4,000 | |
19/08/2023 | Alina Vladimirovna KHVOROSTOVA 1995 | Vasilchenko Olesya St Petersburg | Anti-war protest
St Petersburg
06/03/2022 | article 20.2 § 5 of CAO | fine of RUB 10,000 | St Petersburg City Court 19/04/2023 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 5.23 p.m. on 06/03/2022 until 4.50 p.m. on 07/03/2022. | 4,000 |
[1] Plus any tax that may be chargeable to the applicants.
