BELOMESTNOV AND OTHERS v. RUSSIA - 50374/21 (Article 11 - Freedom of assembly and association : Third Section Committee) [2024] ECHR 673 (18 July 2024)


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European Court of Human Rights


You are here: BAILII >> Databases >> European Court of Human Rights >> BELOMESTNOV AND OTHERS v. RUSSIA - 50374/21 (Article 11 - Freedom of assembly and association : Third Section Committee) [2024] ECHR 673 (18 July 2024)
URL: http://www.bailii.org/eu/cases/ECHR/2024/673.html
Cite as: [2024] ECHR 673

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THIRD SECTION

CASE OF BELOMESTNOV AND OTHERS v. RUSSIA

(Applications nos. 50374/21 and 31 others -

see appended list)

 

 

 

 

 

 

JUDGMENT

 

STRASBOURG

18 July 2024

 

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


In the case of Belomestnov and Others v. Russia,

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

 Ioannis Ktistakis, President,
 Oddný Mjöll Arnardóttir,
 Diana Kovatcheva, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 27 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, 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 in the light of its findings in Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 115-31, 10 April 2018, and Korneyeva v. Russia, no. 72051/17, §§ 34-36, 8 October 2019, as to various aspects of unlawful deprivation of liberty of organisers or participants of public assemblies; Karelin v. Russia, no. 926/08, §§ 58-85, 20 September 2016, concerning the absence of a prosecuting party in the proceedings under the Code of Administrative Offences (the CAO); Yartsev v. Russia, no. 16683/17, §§ 28-38, 20 July 2021, concerning restrictions on the right to freedom of expression; Misan v. Russia, no. 4261/04, 2 October 2014 and Kruglov and Others v. Russia, nos. 11264/04 and 15 others, 4 February 2020, concerning unlawful searches; and 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.

  1. REMAINING COMPLAINTS


14.  In view of the above findings, the Court considers that there is no need to deal separately with the remaining complaints under Article 6 of the Convention lodged by some of the applicants and concerning the fairness of the proceedings and the alleged restrictions on the right to examine witnesses.

  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), as well as taking into account the previous awards made by the Court to Mr Udimov (application no. 8026/23) (compare Ivanov and Others v. Russia [Committee], nos. 44363/14 and 2 others, § 12, 4 June 2020, and Puzanov v. Russia [Committee], nos. 26895/14 and 2 other applications, § 13, 15 September 2022), the Court considers that the finding of a violation in application no. 8026/23 will constitute in itself sufficient just satisfaction and finds it reasonable to award the sums indicated in the appended table to the remaining applicants.

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 raised by the applicants;
  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 as regards the other complaints raised under the well-established case-law of the Court (see the appended table);
  6. Holds

(a)  that the finding of a violation in application no. 8026/23 will constitute in itself sufficient just satisfaction;

(b)  that the respondent State is to pay the remaining 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;

(c)  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 18 July 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

 

 Viktoriya Maradudina Ioannis Ktistakis

 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.    

50374/21

22/09/2021

Roman Vasilyevich BELOMESTNOV

1991

 

 

Manifestation in support of A. Navalnyy

 

Vladivostok

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Primorye Regional Court

24/05/2021

Art. 8 (1) - unlawful search - Search of the applicant's flat as part of the criminal investigation against unidentified perpetrators on 06/02/2021 authorised by the Pervorechenskiy District Court of Vladivostok on 05/02/2021; final decision on the matter was taken by the Primorye Regional Court on 23/03/2021; Specific defects: no adequate and sufficient safeguards against abuse: broad terms/wide content and scope of the search warrant (objects and documents not specific enough to restrict police's discretion), no relevant or sufficient reasons to justify the search: no evidence supporting the search authorisation, no relevant or sufficient reasons to justify the search: applicant not a suspect.

The regional department of the interior opened criminal investigation on the charges of wilful blocking of transport communications. According to the official version, unidentified persons organised, by means of Internet communications, a gathering. The participants of the gathering blocked the street and, as a result, public buses and ambulances could not follow their routes. The applicant was suspected to be one of the organisers of the gathering. The purpose of the search was to find (1) electronical devices used to document the gathering, (2) documents pertaining to the crime and (3) other objects and documents necessary to establish the circumstances of the case.

 

5,000

  1.    

32325/22

11/06/2022

Olga Mikhaylovna IVANOVA

1989

Baranova Natalya Andreyevna

Moscow

Anti-war protest

 

Irkutsk

 

06/03/2022

article 20.2 § 2 of CAO

10 days' administrative arrest

Irkutsk Regional Court

16/03/2022

Art. 5 (1) - unlawful detention - Arrest and detention on 06/03/2022 - 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,

 

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.    

43965/22

18/08/2022

Vadim Vitalyevich SMIRNOV

1967

Vasilchenko Olesya Anatolyevna

Minyar

Anti-war protest

 

St Petersburg

06/03/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

St Petersburg City Court

19/04/2022

Art. 5 (1) - unlawful detention - Arrest and detention on 06/03/2022 from 5.15 p.m. to 11 pm. - 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); the complaints were raised 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.    

44447/22

25/08/2022

Konstantin Sergeyevich FROLOV

1988

Lapuzin Aleksey Sergeyevich

Samara

Anti-war protest

 

Samara

 

27/02/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Samara Regional Court

28/04/2022

Art. 5 (1) - unlawful detention - Arrest and detention on 27/02/2022 - 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 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.    

45200/22

15/09/2022

Semen Aleksandrovich KOVALEV

2001

 

 

Anti-war protest

 

St Petersburg

 

27/02/2022

article 20.2 § 6.1 of CAO

fine of RUB 10,000

St Petersburg City Court

31/05/2022

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 from 7.12 p.m. on 27/02/2022 to 7 a.m. on 28/02/2022. 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); raised in the administrative proceedings

4,000

  1.    

45494/22

26/08/2022

Konstantin Valeryevich CHEMEZOV

1999

 

 

Anti-war protest

 

Yekaterinburg

 

06/03/2022

article 20.2 § 5 of CAO

fine of RUB 14,000

Sverdlovsk Regional Court

02/06/2022

Art. 5 (1) - unlawful detention - Arrest and detention at the police station after compiling an offence report from 3 p.m. till 6.45 p.m. on 06/03/2022 - Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO); the complaint was raised 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.    

46001/22

10/09/2022

Vladimir Viktorovich RENZHIN

1968

Kosnyrev Vladislav Vladimirovich

Syktyvkar

Anti-war protest

 

Syktyvkar

 

24/02/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Supreme Court of the Komi Republic

11/05/2022

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in respect of both sets of administrative proceedings (final relevant decisions were taken by the Supreme Court of the Komi Republic on 11/05/2022 and 10/08/2022 respectively),

 

Art. 10 (1) - various restrictions on the right to freedom of expression - Conviction under Article 20.3.3 § 1 of CAO for putting up an anti-war poster in Syktyvkar on 24/02/2022; administrative fine of RUB 35,000/ Supreme Court of the Komi Republic on 10/08/2022,

 

Art. 5 (1) - unlawful detention - Arrest and detention on 24/02/2022: 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 in the administrative proceedings

4,500

  1.    

47937/22

12/09/2022

Mark Dmitriyevich POLYAK

1988

Gerasimov Dmitriy Georgiyevich

St Petersburg

Anti-war protest

 

St Petersburg

 

27/02/2022

 

 

article 20.2 § 6.1 of CAO

fine of RUB 10,000

St Petersburg City Court

26/05/2022

 

3,500

  1.    

48301/22

14/09/2022

Olga Sergeyena ARTEMYEVA

1996

 

 

Anti-war protest

 

Ufa

 

27/02/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Supreme Court of the Bashkortostan Republic

16/05/2022

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 27/02/2022 - 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 (raised on appeal in the administrative proceedings).

4,000

  1.  

48357/22

14/09/2022

Dmitriy Gennadyevich ZAYTSEV

1999

Polyakov Daniil Alekseyevich

Voronezh

Anti-war protest

 

Voronezh

 

06/03/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Voronezh Regional Court

21/06/2022

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 06/03/2022 - 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 in the administrative proceedings

4,000

  1.  

48359/22

14/09/2022

Pavel Vitalyevich BELYAYEV

1989

Polyakov Daniil Alekseyevich

Voronezh

Anti-war protest

 

Voronezh

 

06/03/2022

article 20.2 § 5 of CAO

fine of RUB 5,000

Voronezh Regional Court

26/07/2022

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 06/03/2022 - 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 in the administrative proceedings

4,000

  1.  

48360/22

14/09/2022

Valeriya Yevgenyevna KOTOVA

2000

Polyakov Daniil Alekseyevich

Voronezh

Anti-war protest

 

Voronezh

 

24/02/2022

article 20.2 § 5 of CAO

fine of RUB 5,000

Voronezh Regional Court

19/07/2022

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 24/02/2022 - 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 in the administrative proceedings

4,000

  1.  

48600/22

30/09/2022

Yelena Konstantinovna GORODNITSYNA

1994

Lapuzin Aleksey Sergeyevich

Samara

Anti-war protest

 

Samara

27/02/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Samara Regional Court

02/06/2022

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 27/02/2022 from 3 p.m. to 8.14 p.m. - Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO); the complaint was raised in the administrative proceedings

4,000

  1.  

49050/22

15/09/2022

Ivan Aleksandrovich SVIRIDOV

2001

Zinovyev Konstantin Mikhaylovich

Nizhniy Novgorod

Anti-war protest

 

Nizhniy Novgorod

 

06/03/2022

article 20.2 § 5 of CAO

fine of RUB 15,000

Nizhniy Novgorod Regional Court

26/05/2022

Art. 5 (1) - unlawful detention - Arrest and detention on 06/03/2022 - 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 raised 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.  

49973/22

07/10/2022

Irina Petrovna SHELKUNOVA

1988

Baranova Natalya Andreyevna

Moscow

Anti-war protest

 

Moscow

 

27/02/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

07/06/2022

Art. 5 (1) - unlawful detention - arrest and detention at the police station after compiling an offence report from 7.30 p.m. on 27/02/2022 till 2.00 a.m. on 28/02/2022 - 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); the complaints were raised 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.  

50877/22

19/10/2022

Georgiy Yuryevich SIDORENKO

1998

Baranova Natalya Andreyevna

Moscow

Anti-war protest

 

Moscow

 

25/02/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

21/06/2022

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 25/02/2022 - 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 in the administrative proceedings

4,000

  1.  

50899/22

15/09/2022

Darya Denisovna ANDRIANOVA

2000

Slavkin Andrey Anatolyevich

Murmansk

Anti-war protest

 

Murmansk

 

06/03/2022

article 20.2 § 2 of CAO

fine of RUB 20,000

Murmansk Regional Court

30/05/2022

 

3,500

  1.  

50992/22

17/10/2022

Anton Aleksandrovich ANDREYEV

1992

 

 

Anti-war protest

 

Moscow

 

25/02/2022

article 20.2 § 5 of CAO

fine of RUB 15,000

Moscow City Court

17/06/2022

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 from 9 p.m. on 25/02/2022 to 10 a.m. on 26/02/2022 - 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); the complaints were raised in the administrative proceedings

4,000

  1.  

51408/22

26/10/2022

Yelizaveta Alekseyevna DADONOVA

1978

Baranova Natalya Andreyevna

Moscow

Anti-war protest

 

Moscow

 

06/03/2022

 

 

 

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

27/06/2022

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.  

51516/22

05/10/2022

Margarita Igorevna YADROVSKAYA

1992

Baranova Natalya Andreyevna

Moscow

Anti-war protest

 

Moscow

 

25/02/2022

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

07/06/2022

Art. 5 (1) - unlawful detention - Arrest and detention from 7.45 p.m. on 25/02/2022 to 1.10 a.m. on 26/02/2022

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) (raised 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.  

52115/22

27/10/2022

German Aleksandrovich TITOV

1988

Arshinova Valeriya Aleksandrovna

Moscow

Anti-war protest

 

Moscow

 

27/02/2022

article 20.2 § 6.1 of CAO

fine of RUB 15,000

Moscow City Court

27/06/2022

Art. 5 (1) - unlawful detention - Arrest and detention on 27/02/2022 - 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 (raised 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.  

52377/22

26/10/2022

Anastasiya Andreyevna SERDYUK

2000

 

 

Anti-war protest

 

Krasnoyarsk

 

06/03/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Krasnoyarsk Regional Court

29/06/2022

Art. 5 (1) - unlawful detention - Arrest and detention on 06/03/2022 - 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 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.  

53829/22

11/11/2022

Nikolay Vladimirovich PTITSYN

1976

Baranova Natalya Andreyevna

Moscow

Anti-war protest

 

Moscow

 

13/03/2022

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

13/07/2022

Art. 5 (1) - unlawful detention - Arrest and detention from 3 p.m. to 10 p.m. on 13/03/2022 - 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); the complaints were raised 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.  

54951/22

29/10/2022

Anton Vyacheslavovich DENGUBOV

1992

 

 

Anti-war protest

 

Yekaterinburg

 

06/03/2022

article 20.2 § 5 of CAO

fine of RUB 20,000

Sverdlovsk Regional Court

29/06/2022

Art. 5 (1) - unlawful detention - Arrest and detention from 2.25 p.m. to 11.30 p.m. on 06/03/2022 - Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO); the complaint was raised 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.  

55875/22

08/10/2022

Anna Rifatovna SAYFUTDINOVA

1988

Lipatova Yelena Vladimirovna

Moscow

Anti-war protest

 

Moscow

 

24/02/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

09/06/2022

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 from 7.10p.m. on 24/02/2022 to 1 a.m. 25/02/2022 - 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); the complaints were raised in the administrative proceedings

4,000

  1.  

57351/22

13/11/2022

Ulyana Aleksandrovna BOGRACHEVA

1974

 

 

Manifestation against the war in Ukraine

 

Moscow

 

12/03/2022

 

Anti-war protest

 

Moscow

 

24/02/2022

article 20.2 § 2 of CAO

 

 

 

 

 

 

 

article 20.2 § 5 of CAO

fine of RUB 20,000

 

 

 

 

 

 

 

fine of RUB 15,000

Moscow City Court

13/07/2022

 

 

 

 

 

 

Moscow City Court

19/07/2022

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

 

Art. 5 (1) - unlawful detention - Arrest and detention on 13/03/2022 - 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 in the administrative proceedings

4,000

  1.  

57553/22

02/12/2022

Polina Yuryevna ZHUCHKOVA

2003

 

 

Anti-war protest

 

Moscow

 

25/02/2022

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

03/08/2022

Art. 5 (1) - unlawful detention - Arrest and detention from 8.20 p.m. om 25/02/2022 to 6.32 a.m. on 26/02/2022 - 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); the complaints were raised 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.  

57587/22

19/11/2022

Kristina Vladimirovna DEYEVA

1995

Tyurina Kristina Olegovna

Nizhniy Novgorod

Anti-war protest

 

Nizhniy Novgorod

 

06/03/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Nizhniy Novgorod Regional Court

20/07/2022

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 06/03/2022 - 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 in the administrative proceedings

4,000

  1.  

57728/22

08/12/2022

Arseniy Nikolayevich VASILENKO

2001

Ushakov Timofey Borisovich

Kokoshkino

Anti-war protest

 

Moscow

 

26/02/2022

 

Anti-war protest

Moscow

 

27/02/2022

article 20.2 § 5 of CAO

 

 

 

 

 

article 20.2 § 5 of CAO

fine of RUB 20,000

 

 

 

 

 

fine of RUB 15,000

Moscow City Court

11/11/2022

 

 

 

 

Moscow City Court

15/08/2022

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in respect of the proceedings which ended on 15/08/2022

4,000

  1.  

7559/23

04/01/2023

Maksim Aleksandrovich DEMINSKIY

1966

 

 

Anti-war protest

 

Moscow

 

03/03/2022

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

09/09/2022

Art. 5 (1) - unlawful detention - Arrest and detention from 7 p.m. on 03/03/2022 to 6 a.m. on 04/03/2022. 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); the complaints were raised 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.  

7565/23

06/01/2023

Yekaterina Aleksandrovna VIKHANSKAYA

1995

 

 

Anti-war protest

 

Moscow

 

03/03/2022

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

09/09/2022

Art. 5 (1) - unlawful detention - Detention took place from 7.30 p.m. on 03/03/2022 to 2.30 a.m. on 04/03/2022 - 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; 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 (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.  

8026/23

27/03/2022

Mikhail Leontyevich UDIMOV

1955

Zboroshenko Nikolay Sergeyevich

Mytishchi

Anti-war protest

 

Moscow

 

20/02/2022

article 19.3 § 1 of CAO

administrative detention of 15 days

Moscow City Court

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,

 

Art. 5 (1) - unlawful detention - Arrest and detention on 20/02/2022 - 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 in the administrative proceedings

The finding of a violation constitutes sufficient just satisfaction

 


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


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