CASE OF SARANCHUK AND OTHERS v. RUSSIA – 15326/19 and 24 others. The applicants complained of the disproportionate measures taken against them as organisers or participants of public assemblies

Last Updated on November 9, 2023 by LawEuro

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.

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”. These complaints are therefore admissible and disclose a breach of Article 11 of the Convention.


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THIRD SECTION
CASE OF SARANCHUK AND OTHERS v. RUSSIA
(Applications nos. 15326/19 and 24 others – see appended list)
JUDGMENT
STRASBOURG
9 November 2023

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

In the case of Saranchuk and Others v. Russia,

The European Court of Human Rights (Third Section), sitting as a Committee composed of:
Peeter Roosma, President,
Ioannis Ktistakis,
Andreas Zünd, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 19 October 2023,

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

I. 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.

II. 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).

III. 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.

IV. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW

12. Some applicants submitted other complaints which also raised issues under the Convention and its Protocols, given the relevant well-established case-law of the Court (see appended table). These complaints are not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention, nor are they inadmissible on any other ground. Accordingly, they must be declared admissible.

13. Having examined all the material before it, the Court concludes that these complaints also disclose violations of the Convention and its Protocols in the light of its findings in Butkevich v. Russia, no. 5865/07, §§ 63-65, 13 February 2018, Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 115-31, 10 April 2018, and Korneyeva v. Russia, no. 72051/17, §§ 34-36, 8 October 2019, 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); Elvira Dmitriyeva v. Russia, nos. 60921/17 and 7202/18, §§ 77-90, 30 April 2019, concerning administrative convictions for making calls to participate in public events; Karuyev v. Russia, no. 4161/13, §§ 15-26, 18 January 2022, concerning interference in the applicant’s freedom of expression in a form of administrative conviction for petty hooliganism without specific offence elements; Martynyuk v. Russia, no. 13764/15, §§ 38-42, 8 October 2019, and Tsvetkova and Others, cited above, §§ 178-88, related to the lack of suspensive effect of an appeal against the sentence of administrative detention.

V. REMAINING COMPLAINTS

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

VI. APPLICATION OF ARTICLE 41 OF THE CONVENTION

15. Regard being had to the documents in its possession and to its case‑law (see in particular Navalnyy and Others v. Russia [Committee], nos. 25809/17 and 14 others, § 22, 4 October 2022), the Court finds it reasonable to award the sums indicated in the appended table.

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

1. Decides to join the applications;

2. Holds that it has jurisdiction to deal with these applications as they relate to facts that took place before 16 September 2022;

3. Declares the complaints under Article 11 of the Convention and the other complaints under well-established case-law of the Court, as set out in the appended table, admissible, and finds that there is no need to examine separately the remaining complaints under Article 6 of the Convention;

4. Holds that there has been a breach of Article 11 of the Convention;

5. Holds that there has been a violation of the Convention and the Protocols thereto as regards the other complaints raised under the well-established case-law of the Court (see appended table);

6. Holds

(a) that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;

(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

Done in English, and notified in writing on 9 November 2023, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Viktoriya Maradudina                  Peeter Roosma
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 charges Penalty Final domestic decision

Court Name

Date

Other complaints under well-established case-law Amount awarded for pecuniary and non-pecuniary damage and costs and expenses

(in euros)[i]

1. 15326/19

11/03/2019

Irina Vladimirovna SARANCHUK

1990

Ivanets Vyacheslav Sergeyevich

Tbilisi, Georgia

Rally in support of Mr A. Navalnyy

Irkutsk

10/10/2020

Political rally

Irkutsk

04/05/2018

article 20.2 § 5 of CAO

Article 20.2 § 6 of CAO

fine of RUB 11,000

fine of RUB 10,000

Irkutsk Regional Court

03/03/2021

Irkutsk Regional Court

28/11/2018

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 – final decisions: Irkutsk Regional Court, 03/03/2021 and 28/11/2018 4,000
2. 20684/19

02/04/2019

Aleksey Aleksandrovich LAVRINENKOV

1982

Glukhov Aleksey Vladimirovich

Novocheboksarsk

Rally against the pension reform

Smolensk

01/07/2018

article 20.2 § 2 of CAO fine of RUB 10,000 Smolensk Regional Court

03/10/2018

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 – final decisions: Smolensk Regional Court, 03/10/2018 and 10/10/2018;

Art. 10 (1) – conviction for making calls to participate in public events – conviction for an administrative offence for calling on the public to participate in an unauthorised public event (rally against the pension reform on 09/09/2018), art. 20.2 § 8 of the CAO, administrative detention of one day. Final decision: Smolensk Regional Court, 10/10/2018

4,000
3. 28028/19

14/05/2019

Nataliya Mikhaylovna SAVOSKINA

1980

Kiselyov Roman Denisovich

Moscow

Rally in support of Mr O. Sentsov

Moscow

18/06/2018

Rally in support of Mr A. Navalnyy

Moscow

31/01/2021

article 20.2 § 5 of CAO

article 20.2 § 5 of CAO

fine of RUB 15,000

fine of RUB 10,000

Moscow City Court

14/11/2018

Moscow City Court

11/05/2021

Art. 5 (1) – unlawful deprivation of liberty:

– escorting to a police station for the purpose of drawing up a record of administrative offence; from 5.00 p.m. to 7.20 p.m. on 18/06/2018,

– escorting to a police station for the purpose of drawing up a record of administrative offence and detention in excess of 3 hours and without “exceptional circumstances”, from 2.20 p.m. to 7.50 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 all sets of the administrative-offence proceedings – final decisions: Moscow City Court, 14/11/2018 and 11/05/2021

5,000
4. 28491/19

16/05/2019

Olga Igorevna KUZNETSOVA

1962

Pomazuyev Aleksandr Yevgenyevich

Vilnius

“Hybrid” rally against the pension reform

Arkhangelsk

09/09/2018

Rally in support of Mr A. Navalnyy

Arkhangelsk

23/01/2021

article 20.2 § 5 of CAO

article 20.2 § 2 of CAO, article 20.2 § 5 of CAO

two fines of RUB 14,000 and 15,000 respectively

two fines of RUB 25,000 and 15,000 respectively

Arkhangelsk Regional Court, 20/11/2018 and

29/01/2019

Arkhangelsk regional Court, 12/03/2021 and

03/06/2021

Art. 5 (1) – unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”:

– from 2.30 p.m. on 23/01/2021 to 24/01/2021, the hearing in the applicant’s administrative offence case,

– unrecorded escorting on 21/04/2021;

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 – final decisions: Arkhangelsk Regional Court, 20/11/2018, 29/01/2019 12/03/2021 and 03/06/2021

5,000
5. 30007/19

18/05/2019

Dmitriy Germanovich GUSEV

1976

Grachev Anton Sergeyevich

Gatchina

Rally in support of the accused in “Novoye Velichiye” and “Set” criminal cases

St Petersburg

28/10/2018

Article 20.2.2 § 1 of CAO fine of RUB 10,000 St Petersburg City Court

13/12/2018

Art. 5 (1) – unlawful deprivation of liberty:

1) escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”:

– from 2.40 p.m. on 28/10/2018 to 29/10/2018,

– from 9.13 p.m. on 06/08/2019 to 7.00 p.m. on 08/08/2019.

Both times, the applicant was detained until the hearings in his administrative-offence case;

2) unlawful escorting to a police station for the purpose of drawing up a record of administrative offence on 23/01/2021;

Art. 10 (1) – various restrictions on the right to freedom of expression – on 03/08/2019 the applicant pronounced a speech during an authorised public rally for fair elections in St Petersburg. On 06/08/2019 he was arrested and escorted to a police station where he was charged with an administrative offence under art. 20.1 § 1 of the CAO (petty hooliganism) for having used a swearword in his speech in respect of Mr Putin. He was further convicted for administrative offence and sentenced to a 10-day administrative detention. Final decision: St Petersburg City Court, 14/08/2019;

Art. 10 (1) – conviction for making calls to participate in public events – conviction under art. 20.2 § 2 of the CAO, administrative detention of 8 days for calling on the public to participate in an unauthorised public event scheduled for 23/01/2021 in support to Mr A Navalnyy. Final decision: St Petersburg City Court, 04/03/2021

5,000
6. 37292/19

24/06/2019

Yegor Mikhaylovich KARASEV

1998

Zakhvatov Dmitriy Igorevich

Moscow

Rally against isolation of Russian internet

Moscow

10/03/2019

Rally in support of Mr A. Navalnyy

Moscow

02/02/2021

article 20.2 § 5 of CAO

article 20.2 § 5 of CAO

fine of RUB 10,000

fine of RUB 15,000

Moscow City Court

18/04/2019

Moscow City Court

03/06/2021

Art. 5 (1) – unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”:

– from 12.30 p.m. to 6.00 p.m. on 10/03/2019,

– from 11.50 p.m. on 02/02/2021 to 8.30 a.m. on 03/02/2021;

Art. 6 (1) – lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings – final decision: Moscow City Court, 18/04/2019

5,000
7. 39338/19

12/07/2019

Ilya Vladimirovich KOROBKOV

1986

Rally against pension reform

Yekaterinburg

09/09/2018

Article 20.2 § 5 of CAO fine of RUB 15,000 Sverdlovsk Regional Court

16/01/2019

Art. 5 (1) – unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 5.20 p.m. on 09/09/2018 to 10/09/2018;

Art. 6 (1) – lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings – final decision: Sverdlovsk Regional Court, 16/01/2019

5,000
8. 42030/19

19/07/2019

Boris Vadimovich FEDYUKIN

1989

Pomazuyev Aleksandr Yevgenyevich

Vilnius

Rally against the pension reform

Samara

09/09/2018

March in support of Mr A. Navalnyy

Samara

21/04/2021

article 20.2 § 5 of CAO

article 20.2 § 5 of CAO

fine of RUB 10,000

fine of RUB 10,000

Samara Regional Court

31/01/2019

Samara Regional Court

20/07/2021

Art. 5 (1) – unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis – escorting to a police station for the purpose of drawing up a record of administrative offence, on 08/11/2018 and on 26/04/2021;

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 – final decisions: Samara Regional Court, 31/01/2019 and 20/07/2021

5,000
9. 42221/19

16/07/2019

Viktor Romanovich KAZANTSEV

2000

Vasin Vladimir Valeryevich

Krasnoyarsk

Rally against Mr Putin’s re‑election as President

Krasnoyarsk

05/05/2018

Rally in support of Mr A. Navalnyy

Krasnoyarsk

31/01/2021

article 20.2 § 5 of CAO

article 20.2 § 5 of CAO

fine of RUB 10,000

fine of RUB 20,000

Krasnoyarsk Regional Court

17/01/2019

Krasnoyarsk Regional Court

20/04/2021

Art. 5 (1) – unlawful deprivation of liberty:

1) escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”:

– from 4.00 p.m. to 09.00 p.m. on 05/05/2018, while the said record was drawn up only on 15/05/2018,

– from 1.20 p.m. to 10.55 p.m. on 31/01/2021, while the said record was drawn up only on 12/02/2021,

2) unlawful escorting to a police station for the purpose of drawing up a record of administrative offence on 23/01/2021;

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 – final decisions: Sverdlovsk Regional Court, 11/03/2021, and Krasnoyarsk Regional Court, 20/04/2021;

Art. 10 (1) – conviction for making calls to participate in public events – conviction under art. 20.2 § 2 of the CAO, fine of RUB 20,000 for calling on the public to participate in an unauthorised public event scheduled for 23/01/2021 in support to Mr A. Navalnyy. Final decision: Sverdlovsk Regional Court, 11/03/2021

5,000
10. 42683/19

08/08/2019

Dmitriy Gennadyevich GUDKOV

1980

Bochilo Anna Yevgenyevna

Barnaul

Rally in support to fair elections to Mosgorduma

Moscow

14/07/2019

Rally in support of Mr A. Navalnyy

Moscow

23/01/2021

article 20.2 § 8 of CAO

article 20.2 § 5 of CAO

administrative detention of 30 days

fine of RUB 10,000

Moscow City Court

01/08/2019

Moscow City Court

29/09/2021

Art. 5 (1) – unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis – escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”,

– from 2.55 p.m. to 5.55 p.m. on 27/07/2019,

– from 3.30 p.m. on 28/07/2019 to 5.13 p.m. on 30/07/2019, hearing in the applicant’s administrative-offence case;

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 – final decisions:

Moscow City Court, 01/08/2019, 04/10/2019 and 29/09/2021;

Art. 10 (1) – conviction for making calls to participate in public events – conviction under art. 20.2 § 2 of the CAO, administrative detention of 10 days, for an administrative offence of calling on the public to participate in an unauthorised public event scheduled for 27/07/2019 for fair elections to Mosgorduma. Final decision: Moscow City Court, 04/10/2019

6,000
11. 10059/21

16/02/2021

Maksim Ruslanovich KONYUKHOV

1990

Zboroshenko Nikolay Sergeyevich

Mytishchi

Rally in support of Mr A. Navalnyy

Moscow

31/01/2021

article 20.2 § 6.1 of CAO administrative detention of 15 days (partly exempted for health reasons by the Moscow City Court) Moscow City Court

05/02/2021

Art. 5 (1) – unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 31/01/2021 to 01/02/2021, hearing in the applicant’s administrative-offence case;

Art. 6 (1) – lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings – final decision: Moscow City Court, 05/02/2021

5,000
12. 16344/21

08/03/2021

Nikita Alekseyevich DOBRYNIN

1993

Sirosh Fedor Yevgenyevich

Moscow

Political rally

Moscow

24/03/2020

article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court

10/09/2020

Art. 5 (1) – unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis – unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; from 5.30 p.m. to 7.20 p.m. on 24/03/2020;

Art. 6 (1) – lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings – final decision: Moscow City Court, 10/09/2020

5,000
13. 24360/21

17/04/2021

Yevgeniya Vladimirovna VAZHENINA

1987

Cherkasov Vitaliy Viktorovich

St Petersburg

Rally in support of the governor of the Khabarovsk Region, Mr S. Furgal

Khabarovsk

07/11/2020

Rally in support of the governor of the Khabarovsk Region, Mr S. Furgal

Khabarovsk

26/12/2020

article 20.2 § 8 of CAO

article 20.2 § 8 of CAO

administrative detention of 9 days

fine of RUB 150,000

Khabarovsk Regional Court

18/11/2020

Khabarovsk Regional Court

30/03/2021

Art. 5 (1) – unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis – escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”:

– from 2.00 p.m. on 07/11/2020 to 10.00 a.m. on 09/11/2020,

– from 1.00 p.m. on 15/02/2021 to 16/02/2021, the hearing in the applicant’s administrative offence case,

Prot. 7 Art. 2 – delayed review of conviction by a higher tribunal – the sentence of administrative detention imposed on the applicant by the court of first instance was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO

6,000
14. 25053/21

20/04/2021

Aleksandr Vasilyevich VASILYEV

1979

Bubon Konstantin Vladimirovich

Khabarovsk

Rally in support of the governor of the Khabarovsk Region, Mr S. Furgal

Khabarovsk

10/10/2020

article 20.2 § 8 of CAO administrative detention of 20 days Khabarovsk Regional Court

20/10/2020

Prot. 7 Art. 2 – delayed review of conviction by a higher tribunal – the sentence of administrative detention imposed on the applicant by the court of first instance was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO 5,000
15. 26915/21

08/05/2021

Mikhail Yevgenyevich PARFENYUK

1996

Ivanets Vyacheslav Sergeyevich

Tbilisi

Political rally

Irkutsk

23/01/2021

article 20.2 § 2 of CAO administrative detention of 10 days Irkutsk Regional Court

28/01/2021

Art. 6 (1) – lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings – final decision: Irkutsk regional Court, 28/01/2021 5,000
16. 28225/21

30/04/2021

Yelizaveta Aleksandrovna KLEPIKOVA

2000

Memorial Human Rights Centre

Moscow

Rally in support of Mr A. Navalnyy

Moscow

23/01/2021

article 20.2 § 5 of CAO fine of RUB 13,000 Moscow City Court

11/02/2021

Art. 5 (1) – unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 4.00 p.m. to 11.30 p.m. on 23/01/2021;

Art. 6 (1) – lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings – final decision: Moscow City Court, 11/02/2021

5,000
17. 28370/21

04/05/2021

Lada Sergeyevna SOKOLOVA

2021

Political rally

Moscow

29/05/2020

article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court

06/11/2020

Art. 5 (1) – unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention there from 4.35 p.m. to 7.20 p.m. 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 – final decision: Moscow City Court, 06/11/2020

5,000
18. 28581/21

02/06/2021

Syldys Aleksandrovich KHOMUSHKU

1984

Memorial Human Rights Centre

Moscow

Rally in support of Mr A. Navalnyy

Moscow

31/01/2021

article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court

22/03/2021

Art. 5 (1) – unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 5.30 p.m. to 11.50 p.m. on 31/01/2021;

Art. 6 (1) – lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings – final decision: Moscow City Court, 22/03/2021

5,000
19. 31621/21

07/06/2021

Yaroslav Ruslanovich MAYKOV

1990

Memorial Human Rights Centre

Moscow

Rally in support of Mr A. Navalnyy

Moscow

31/01/2021

article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court

18/03/2021

Art. 5 (1) – unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 11.45 a.m. to 9.30 p.m. on 31/01/2021;

Art. 6 (1) – lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings – final decision: Moscow City Court, 18/03/2021

5,000
20. 31684/21

07/06/2021

Nikolay Sergeyevich AGAPOV

1993

Memorial Human Rights Centre

Moscow

Rally in support of Mr A. Navalnyy

Moscow

23/01/2021

article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court

20/04/2021

Art. 5 (1) – unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 8.25 p.m. on 23/01/2021 to 2.40 a.m. on 24/01/2021;

Art. 6 (1) – lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings – final decision: Moscow City Court, 20/04/2021

5,000
21. 32175/21

11/06/2021

Dmitriy Andreyevich PEREGON

1999

Memorial Human Rights Centre

Moscow

Rally in support of Mr A Navalnyy

Vladivostok

31/01/2021

article 20.2 § 5 of CAO fine of RUB 15,000 Primorye Regional Court

13/04/2021

Art. 5 (1) – unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.50 p.m. on 31/01/2021 to 4.15 a.m. on 01/02/2021; the applicant spent more than 4 hours in the police van;

Art. 6 (1) – lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings – final decision: Primorye Regional Court, 13/04/2021

5,000
22. 32607/21

29/05/2021

Yelena Sergeyvna BEREZHNAYA

1992

Sirosh Fedor Yevgenyevich

Moscow

Environmental rally

Moscow

16/08/2020

article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court

30/11/2020

Art. 5 (1) – unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 6.25 p.m. to 9.25 p.m. on 16/08/2020;

Art. 6 (1) – lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings – final decision: Moscow City Court, 30/11/2020

5,000
23. 32652/21

29/05/2021

Diana Yevgenyevna BORISEVICH

1997

Sirosh Fedor Yevgenyevich

Moscow

Environmental rally

Moscow

16/08/2020

article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court

04/12/2020

Art. 5 (1) – unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; from 6.25 p.m. to 9.05 p.m. on 16/08/2020,

Art. 6 (1) – lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings – final decision: Moscow City Court, 04/12/2020

5,000
24. 32654/21

29/05/2021

Aliya Makhmutovna GIZETDINOVA

1992

Sirosh Fedor Yevgenyevich

Moscow

Environmental rally

Moscow

16/08/2020

article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court

04/12/2020

Art. 5 (1) – unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 6.25 p.m. to 9.25 p.m. on 16/08/2020;

Art. 6 (1) – lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings – final decision: Moscow City Court, 04/12/2020

5,000
25. 52100/21

12/10/2021

Boris Leonidovich KROTOV

1971

Pershakova Yelena Yuryevna

Moscow

Rally in support of Mr A. Navalnyy

Moscow

02/02/2021

article 20.2 § 6.1 of CAO fine of RUB 20,000 Moscow City Court

12/04/2021

Art. 5 (1) – unlawful deprivation of liberty escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 11.40 a.m. on 02/02/2021 to 03/02/2021, hearing in the applicant’s administrative-offence case;

Art. 6 (1) – lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings – final decision: Moscow City Court, 12/04/2021

5,000

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

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