MOLIBOGA AND OTHERS v. RUSSIA - 48859/16 (Article 10 - Freedom of expression - {general} : Third Section Committee) [2024] ECHR 681 (18 July 2024)

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You are here: BAILII >> Databases >> European Court of Human Rights >> MOLIBOGA AND OTHERS v. RUSSIA - 48859/16 (Article 10 - Freedom of expression - {general} : Third Section Committee) [2024] ECHR 681 (18 July 2024) URL: http://www.bailii.org/eu/cases/ECHR/2024/681.html Cite as: [2024] ECHR 681

THIRD SECTION

CASE OF MOLIBOGA AND OTHERS v. RUSSIA

(Applications nos. 48859/16 and 14 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 Moliboga 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 against solo demonstrators. Some applicants also raised other complaints under the provisions of the Convention.

THE LAW

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.

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).

ALLEGED VIOLATION OF ARTICLE 10 § 1 of the Convention

7. The applicants complained principally of the disproportionate measures against solo demonstrators, namely the termination of their demonstrations, arrest and conviction for administrative offences. They relied, expressly or in substance, on Article 10 and 11 of the Convention. The Court will examine the complaints under Article 10 of the Convention, taking into account, where appropriate, the general principles it has established in the context of Article 11 of the Convention (see Novikova and Others v. Russia, nos. 25501/07 and 4 others, § 91, 26 April 2016).

8. In the leading cases of Novikova and Others, cited above, §§ 112-225, the Court already found a violation in respect of issues similar to those in the present case (see also, mutatis mutandis, Lashmankin and Others v. Russia, nos. 57818/09 and 14 others, 7 February 2017).

9. 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 on 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 expression were not "necessary in a democratic society".

10. These complaints are therefore admissible and disclose a breach of Article 10 § 1 of the Convention.

OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW

11. 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. Having examined all the material before it, the Court concludes that they also disclose violations of the Convention 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; and 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).

REMAINING COMPLAINTS

12. Some applicants raised further additional complaints under Article 6 of the Convention concerning other aspects of the fairness of the administrative-offence proceedings. In view of the findings in paragraphs 9-11 above, the Court considers that there is no need to deal separately with these remaining complaints.

APPLICATION OF ARTICLE 41 OF THE CONVENTION

13. 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 considers it reasonable to award the sums indicated in the appended table.

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

Decides to join the applications;
Holds that it has jurisdiction to deal with these applications as they relate to facts that took place before 16 September 2022;
Declares the complaints under Article 10 of the Convention concerning the disproportionate measure against solo demonstrators and other complaints raised under the well-established case-law of the Court, as indicated in the appended table, admissible, and finds that there is no need to examine separately the remaining complaints raised by the applicants;
Holds that these applications disclose a breach of Article 10 § 1 of the Convention concerning the disproportionate measures against solo demonstrators;
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 appended table);
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 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 10 § 1 of the Convention

(disproportionate measures against solo demonstrators)

Application no. Date of introduction	Applicant's name Year of birth	Representative's name and location	Location Date Purpose of the demonstration	Administrative charges Penalty	Final domestic decision Date Name of the court	Other relevant information	Other complaints under well-established case-law	Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant (in euros)[1]
48859/16 09/08/2016	Kseniya Grigoryevna MOLIBOGA 1997	Sivoldayev Ilya Vladimirovich Voronezh	Voronezh 19/11/2015 protest against malfunctioning of a local university (wearing a mask with a skull picture)	article 20.2 § 5 of CAO, fine of RUB 5,000	09/02/2016 Voronezh Regional Court			3,500
21830/18 19/04/2018	Pavel Aleksandrovich NOVICHENKO 1990	Pershakova Yelena Yuryevna Moscow	Perm 22/09/2017 solo demonstration in support of A. Navalnyy	article 20.2 § 5 of CAO, fine of RUB 10,000	19/10/2017 Perm Regional Court		Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 6.50 p.m. on 22/09/2017 until 11.00 p.m. on 23/09/2017; 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 (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019), 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), Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings	4,000
42078/18 24/08/2018	Konstantin Yaroslavovich YURLOV 1991	Zhdanov Ivan Yuryevich Vilnius	Moscow 08/07/2017 distributing leaflets in support of A. Navalnyy	article 20.2 § 5 of CAO, fine of RUB 15,000	28/02/2018 Moscow City Court	FIFA Confederations CUP restrictions (ban on holding public events on 01/06-12/07/2017)	Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings	3,500
44110/18 30/08/2018	Dmitriy Aleksandrovich PETROV 1999	Zhdanov Ivan Yuryevich Vilnius	Cherepovets 16/06/2017 solo demonstration in support of A. Navalnyy	article 20.2 § 1 of CAO, fine of RUB 10,000	05/03/2018 Vologda Regional Court		Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings -	3,500
49338/18 10/10/2018	Anna Pavlovna YANTSEVA 1998	Zhdanov Ivan Yuryevich Vilnius	Moscow 08/07/2017 distributing leaflets in support of A. Navalnyy's intention to run for the President of Russia	article 20.2 § 5 of CAO, fine of RUB 10,000	22/06/2018 Moscow City Court	FIFA Confederations CUP restrictions (ban on holding public events on 01/06-12/07/2017)	Art. 5 (1) - unlawful detention - applicant taken to the police station on 08/07/2017 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 (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 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
6336/19 04/01/2019	Oleg Sergeyevich SAVVIN 1988	Bontsler Mariya Vladimirovna Kaliningrad	Kaliningrad 01/06/2018 solo demonstration in support of O. Sentsov	article 20.2 § 5 of CAO, fine of RUB 10,000	26/07/2018 Kaliningrad Regional Court	FIFA Confederations CUP restrictions (ban on holding public events on 01/06-12/07/2017)		3,500
8791/19 23/01/2019	Kamil Faritovich GATAULLIN 1997	Glukhov Aleksey Vladimirovich Novocheboksarsk	Kazan 01/06/2018 solo demonstration in support of O. Sentsov	article 20.2 § 1 of CAO, community service, 20 hours	25/07/2018 Supreme Court of the Tatarstan Republic	FIFA World Championship restrictions (ban on holding public events on 25/05-25/07/2018)		3,500
13507/19 25/02/2019	Androik Aramovich ARTYNOV 1988	Glukhov Aleksey Vladimirovich Novocheboksarsk	Moscow 08/06/2018 protest against FIFA fan festivals	article 20.2 § 2 of CAO, fine of RUB 20,000	28/08/2018 Moscow City Court	FIFA World Championship restrictions (ban on holding public events on 25/05-25/07/2018)	Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings	3,500
14669/19 04/03/2019	Andrey Igorevich KISELEV 1992	Yatsenko Irina Aleksandrovna Moscow	Moscow 22/06/2018 support of political prisoners ("Novoye Velichiye" case),	article 20.2 § 5 of CAO, fine of RUB 20,000	04/09/2018 Moscow City Court	FIFA World Championship restrictions (ban on holding public events on 25/05-25/07/2018)	Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.30 p.m. until 7.00 p.m. on 22/06/2018; 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 (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019), 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), Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings	4,000
18545/19 20/03/2019	Valeriy Petrovich KUZMENKOV 1961	Yatsenko Irina Aleksandrovna Moscow	Moscow 31/05/2018 protest against construction works on "Krasnaya Strela" stadium	article 20.2 § 5 of CAO, fine of RUB 10,000	20/09/2018 Moscow City Court	FIFA World Championship restrictions (ban on holding public events on 25/05-25/07/2018)	Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report on 31/05/2018; 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), Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings	4,000
21186/19 07/04/2019	Mark Yevgenyevich NEMTSEV 1984	Memorial Human Rights Centre Moscow	Moscow 23/06/2018 protest against pension reform	article 20.2 § 5 of CAO, fine of RUB 10,000	25/10/2018 Samara Regional Court	FIFA World Championship restrictions (ban on holding public events on 25/05-25/07/2018)	Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings	3,500
29373/19 14/05/2019	Anton Gennadyevich SUSHKEVICH 1970	Moskalenko Karinna Akopovna Strasbourg	Moscow 28/05/2018 solo demonstration in support of O. Sentsov	article 20.2 § 5 of CAO, fine of RUB 15,000	14/11/2018 Moscow City Court	FIFA World Championship restrictions (ban on holding public events on 25/05-25/07/2018)	Art. 5 (1) - unlawful detention - escorting to the police station on 28/05/2018 for compiling an offence report; 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 (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 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
32446/19 16/05/2019	Valeriya Ivanovna SKOROBOGATOVA 1970	Yelanchik Oleg Aleksandrovich Moscow	Moscow 01/07/2018 protest against pension reform	article 20.2 § 5 of CAO, fine of RUB 10,000	16/11/2018 Moscow City Court	FIFA World Championship restrictions (ban on holding public events on 25/05-25/07/2018)	Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report on 01/07/2018; 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 (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 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
48507/19 12/09/2019	Polina Valeryevna SIZOVA 1997	Memorial Human Rights Centre Moscow	Moscow 07/10/2018 protest against torture in Russia	article 20.2 § 5 of CAO, fine of RUB 10,000	12/03/2019 Moscow City Court		Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 5.30 p.m. until 9.05 p.m. on 07/10/2018; 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 (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); applicant taken to the police station as an administrative suspect: unacknowledged detention in so far as escorting time is not included in the overall length of the administrative detention (see Navalnyy and Yashin v. Russia, no. 76204/11, § 95, 4 December 2014); 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), Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings	4,000
18832/23 14/04/2023	Vadim Igorevich KOROLEV 1986		(i) 27/02/2022 Moscow Anti-war protest (ii) 06/03/2022 Moscow Anti-war protest	article 20.2 § 5 of CAO, fine of RUB 10,000, (conviction on 15/12/2022) article 20.2. § 5 of CAO, fine of RUB 20,000, (conviction on 01/03/2023)	(i) 01/03/2023 Moscow City Court (protest of 27/02/2022) (ii) 15/12/2022 Moscow City Court (protest of 06/03/2022)		Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling of offence report: (i) from 6.00 p.m. on 27/02/2022 until 1.00 a.m. on 28/02/2022; (ii) from 2.55 p.m. until 9.25 p.m. on 06/03/2022	4,000

No.

Application no.

Date of introduction

Applicant's name

Year of birth

Representative's name and location

Location

Date

Purpose of the demonstration

Administrative charges

Penalty

Final domestic decision

Date

Name of the court

Other relevant information

Other complaints under

well-established case-law

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant

(in euros)[1]

48859/16

09/08/2016

Kseniya Grigoryevna MOLIBOGA

1997

Sivoldayev Ilya Vladimirovich

Voronezh

19/11/2015

protest against malfunctioning of a local university (wearing a mask with a skull picture)

article 20.2 § 5 of CAO,

fine of RUB 5,000

09/02/2016

Voronezh Regional Court

3,500

21830/18

19/04/2018

Pavel Aleksandrovich NOVICHENKO

1990

Pershakova Yelena Yuryevna

Moscow

Perm

22/09/2017

solo demonstration in support of A. Navalnyy

article 20.2 § 5 of CAO,

fine of RUB 10,000

19/10/2017

Perm Regional Court

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 6.50 p.m. on 22/09/2017 until 11.00 p.m. on 23/09/2017; 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 (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019), 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),

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

4,000

42078/18

24/08/2018

Konstantin Yaroslavovich YURLOV

1991

Zhdanov Ivan Yuryevich

Vilnius

Moscow

08/07/2017

distributing leaflets in support of A. Navalnyy

article 20.2 § 5 of CAO,

fine of RUB 15,000

28/02/2018

Moscow City Court

FIFA Confederations CUP restrictions (ban on holding public events on 01/06-12/07/2017)

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

3,500

44110/18

30/08/2018

Dmitriy Aleksandrovich PETROV

1999

Zhdanov Ivan Yuryevich

Vilnius

Cherepovets

16/06/2017

solo demonstration in support of A. Navalnyy

article 20.2 § 1 of CAO,

fine of RUB 10,000

05/03/2018

Vologda Regional Court

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

3,500

49338/18

10/10/2018

Anna Pavlovna YANTSEVA

1998

Zhdanov Ivan Yuryevich

Vilnius

Moscow

08/07/2017

distributing leaflets in support of A. Navalnyy's intention to run for the President of Russia

article 20.2 § 5 of CAO,

fine of RUB 10,000

22/06/2018

Moscow City Court

FIFA Confederations CUP restrictions (ban on holding public events on 01/06-12/07/2017)

Art. 5 (1) - unlawful detention - applicant taken to the police station on 08/07/2017 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 (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications,

§ 35, 2 July 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

6336/19

04/01/2019

Oleg Sergeyevich SAVVIN

1988

Bontsler Mariya Vladimirovna

Kaliningrad

01/06/2018

solo demonstration in support of O. Sentsov

article 20.2 § 5 of CAO,

fine of RUB 10,000

26/07/2018

Kaliningrad Regional Court

FIFA Confederations CUP restrictions (ban on holding public events on 01/06-12/07/2017)

3,500

8791/19

23/01/2019

Kamil Faritovich GATAULLIN

1997

Glukhov Aleksey Vladimirovich

Novocheboksarsk

Kazan

01/06/2018

solo demonstration in support of O. Sentsov

article 20.2 § 1 of CAO, community service,

20 hours

25/07/2018

Supreme Court of the Tatarstan Republic

FIFA World Championship restrictions (ban on holding public events on 25/05-25/07/2018)

3,500

13507/19

25/02/2019

Androik Aramovich ARTYNOV

1988

Glukhov Aleksey Vladimirovich

Novocheboksarsk

Moscow

08/06/2018

protest against FIFA fan festivals

article 20.2 § 2 of CAO,

fine of RUB 20,000

28/08/2018

Moscow City Court

FIFA World Championship restrictions (ban on holding public events on 25/05-25/07/2018)

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

3,500

14669/19

04/03/2019

Andrey Igorevich KISELEV

1992

Yatsenko Irina Aleksandrovna

Moscow

22/06/2018

support of political prisoners ("Novoye Velichiye" case),

article 20.2 § 5 of CAO,

fine of RUB 20,000

04/09/2018

Moscow City Court

FIFA World Championship restrictions (ban on holding public events on 25/05-25/07/2018)

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.30 p.m. until 7.00 p.m. on 22/06/2018; 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 (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019), 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),

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

4,000

18545/19

20/03/2019

Valeriy Petrovich KUZMENKOV

1961

Yatsenko Irina Aleksandrovna

Moscow

31/05/2018

protest against construction works on "Krasnaya Strela" stadium

article 20.2 § 5 of CAO,

fine of RUB 10,000

20/09/2018

Moscow City Court

FIFA World Championship restrictions (ban on holding public events on 25/05-25/07/2018)

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report on 31/05/2018; 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),

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

4,000

21186/19

07/04/2019

Mark Yevgenyevich NEMTSEV

1984

Memorial Human Rights Centre

Moscow

23/06/2018

protest against pension reform

article 20.2 § 5 of CAO,

fine of RUB 10,000

25/10/2018

Samara Regional Court

FIFA World Championship restrictions (ban on holding public events on 25/05-25/07/2018)

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

3,500

29373/19

14/05/2019

Anton Gennadyevich SUSHKEVICH

1970

Moskalenko Karinna Akopovna

Strasbourg

Moscow

28/05/2018

solo demonstration in support of O. Sentsov

article 20.2 § 5 of CAO,

fine of RUB 15,000

14/11/2018

Moscow City Court

FIFA World Championship restrictions (ban on holding public events on 25/05-25/07/2018)

Art. 5 (1) - unlawful detention - escorting to the police station on 28/05/2018 for compiling an offence report; 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 (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 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

32446/19

16/05/2019

Valeriya Ivanovna SKOROBOGATOVA

1970

Yelanchik Oleg Aleksandrovich

Moscow

01/07/2018

protest against pension reform

article 20.2 § 5 of CAO,

fine of RUB 10,000

16/11/2018

Moscow City Court

FIFA World Championship restrictions (ban on holding public events on 25/05-25/07/2018)

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report on 01/07/2018; 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 (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications,

§ 35, 2 July 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

48507/19

12/09/2019

Polina Valeryevna SIZOVA

1997

Memorial Human Rights Centre

Moscow

07/10/2018

protest against torture in Russia

article 20.2 § 5 of CAO,

fine of RUB 10,000

12/03/2019

Moscow City Court

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 5.30 p.m. until 9.05 p.m. on 07/10/2018; 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 (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and

8 other applications, § 35, 2 July 2019); applicant taken to the police station as an administrative suspect: unacknowledged detention in so far as escorting time is not included in the overall length of the administrative detention (see Navalnyy and Yashin v. Russia, no. 76204/11, § 95, 4 December 2014); 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),

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

4,000

18832/23

14/04/2023

Vadim Igorevich KOROLEV

1986

(i) 27/02/2022

Moscow

Anti-war protest

(ii) 06/03/2022

Moscow

Anti-war protest

article 20.2 § 5 of CAO,

fine of RUB 10,000, (conviction on 15/12/2022)

article 20.2. § 5 of CAO,

fine of RUB 20,000, (conviction on 01/03/2023)

(i) 01/03/2023

Moscow City Court (protest of 27/02/2022)

(ii) 15/12/2022

Moscow City Court (protest of 06/03/2022)

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

(i) from 6.00 p.m. on 27/02/2022 until 1.00 a.m. on 28/02/2022;

(ii) from 2.55 p.m. until 9.25 p.m. on 06/03/2022

4,000

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