Last Updated on December 7, 2023 by LawEuro
The applicants complained of the disproportionate measures taken against them as organisers or participants of nationwide protests in support of jailed opposition leader Aleksey Navalnyy.
SECOND SECTION
CASE OF NADAREYSHVILI AND OTHERS v. RUSSIA
(Applications nos. 41853/21 and 32 others – see appended list)
JUDGMENT
STRASBOURG
7 December 2023
This judgment is final but it may be subject to editorial revision.
In the case of Nadareyshvili and Others v. Russia,
The European Court of Human Rights (Second Section), sitting as a Committee composed of:
Lorraine Schembri Orland, President,
Frédéric Krenc,
Davor Derenčinović, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 16 November 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 applicants were represented by Memorial Human Rights Centre, an organisation based in Moscow at the time.
3. The Russian Government (“the Government”) were given notice of the applications.
THE FACTS
4. The list of applicants and the relevant details of the applications are set out in the appended table.
5. The applicants complained of the disproportionate measures taken against them as organisers or participants of nationwide protests in support of jailed opposition leader Aleksey Navalnyy. They also raised other complaints under the provisions of the Convention.
THE LAW
I. JOINDER OF THE APPLICATIONS
6. 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
7. 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
8. 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.
9. 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).
10. 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.
11. 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”.
12. These complaints are therefore admissible and disclose a breach of Article 11 of the Convention.
IV. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW
13. 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.
14. 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 (CAO); Martynyuk v. Russia, no. 13764/15, §§ 38-42, 8 October 2019, relating to the lack of suspensive effect of an appeal against the sentence of administrative detention; and Tomov and Others v. Russia, nos. 18255/10 and 5 others, §§ 123-28, 9 April 2019, concerning poor conditions of transfer in police vans.
V. REMAINING COMPLAINTS
15. Some applicants raised further additional complaints under Article 6 of the Convention concerning other aspects of fairness of the administrative‑offence proceedings. In view of the findings in paragraphs 11 and 14 above, the Court considers that there is no need to deal separately with these remaining complaints.
VI. APPLICATION OF ARTICLE 41 OF THE CONVENTION
16. 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 the applicants’ complaints as they relate to facts that took place before 16 September 2022;
3. Declares the complaints under Article 11 of the Convention and the other complaints under the well-established case-law of the Court, as set out in the appended table, admissible, and finds that there is no need to examine separately the remaining complaints under Article 6 of the Convention;
4. Holds that these complaints disclose 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 7 December 2023, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Lorraine Schembri Orland
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 |
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 per applicant
(in euros)[i] |
| 1. | 41853/21
02/08/2021 |
Anton Sergeyevich NADAREYSHVILI
1992 |
Rally “Free Navalnyy”
Moscow 31/01/2021 |
article 20.2 § 6.1 of CAO | detention for 10 days | Moscow City Court
05/02/2021 |
Art. 5 (1) – unlawful detention – escorting to and detention at the police station for compiling an offence record between 3.05 p.m. on 31/01/2021 and 7.50 p.m. on 01/02/2021;
Art. 6 (1) – lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; Prot. 7 Art. 2 – delayed review of conviction by a higher tribunal – the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO. |
5,000 |
| 2. | 41855/21
02/08/2021 |
Grigoriy Valentinovich TURINTSEV
1980 |
Rally “Free Navalnyy”
Moscow 02/02/2021 |
article 20.2 § 6.1 of CAO | detention for 10 days | Moscow City Court
09/02/2021 |
Art. 3 – inadequate conditions of detention during transport – poor conditions of transfer in a police van on 02/02/2021 (overcrowding (22 people in the van), inadequate temperature);
Art. 5 (1) – unlawful detention – escorting to and detention at the police station for compiling an offence record between 11:45 p.m. on 02/02/2021 and 6:30 p.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; Prot. 7 Art. 2 – delayed review of conviction by a higher tribunal – the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO. |
5,000 |
| 3. | 42088/21
04/08/2021 |
Artem Vladimirovich ALBUTOV
1990 |
Rally “Free Navalnyy”
Moscow 31/01/2021 |
article 20.2 § 6.1 of CAO | detention for 8 days | Moscow City Court
24/03/2021 |
Art. 5 (1) – unlawful detention – escorting to and detention at the police station for compiling an offence record between 3 p.m. on 31/01/2021 and 8 p.m. on 01/02/2021;
Art. 6 (1) – lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; Prot. 7 Art. 2 – delayed review of conviction by a higher tribunal – the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO. |
5,000 |
| 4. | 42093/21
04/08/2021 |
Vitaliy Borisovich RAZORENOV
1989 |
Rally “Free Navalnyy”
Moscow 31/01/2021 |
article 20.2 § 6.1 of CAO | detention for 12 days | Moscow City Court
05/02/2021 |
Art. 5 (1) – unlawful detention – escorting to and detention at the police station for compiling an offence record between 3 p.m. on 31/01/2021 and 12:30 p.m. on 01/02/2021;
Art. 6 (1) – lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; Prot. 7 Art. 2 – delayed review of conviction by a higher tribunal – the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO. |
5,000 |
| 5. | 42094/21
04/08/2021 |
Anastasiya Aleksandrovna PISKUN
1995 |
Rally “Free Navalnyy”
Moscow 31/01/2021 |
article 20.2 § 6.1 of CAO | detention for 7 days | Moscow City Court
04/02/2021 |
Art. 5 (1) – unlawful detention – escorting to and detention at the police station for compiling an offence record between 2.40 p.m. on 31/01/2021 and 7.50 p.m. on 01/02/2021;
Art. 6 (1) – lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; Prot. 7 Art. 2 – delayed review of conviction by a higher tribunal – the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO. |
5,000 |
| 6. | 42097/21
04/08/2021 |
Sergey Aleksandrovich LUSHCHIK
1996 |
Rally “Free Navalnyy”
Moscow 02/02/2021 |
article 20.2 § 6.1 of CAO | detention for 10 days | Moscow City Court
26/03/2021 |
Art. 5 (1) – unlawful detention – escorting to and detention at the police station for compiling an offence record between 11.50 p.m. on 02/02/2021 and noon 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; Prot. 7 Art. 2 – delayed review of conviction by a higher tribunal – the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO. |
5,000 |
| 7. | 42292/21
04/08/2021 |
Vyacheslav Yuryevich GRICHKOV
1997 |
Rally “Free Navalnyy”
Moscow 31/01/2021 |
article 20.2 § 6.1 of CAO | detention for 8 days | Moscow City Court
16/03/2021 |
Art. 5 (1) – unlawful detention – escorting to and detention at the police station for compiling an offence record between 1.40 p.m. on 31/01/2021 and 8.05 p.m. on 01/02/2021;
Art. 6 (1) – lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; Prot. 7 Art. 2 – delayed review of conviction by a higher tribunal – the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO. |
5,000 |
| 8. | 42311/21
04/08/2021 |
Dmitriy Nikolayevich DANDYKIN
1992 |
Rally “Free Navalnyy”
Moscow 31/01/2021 |
article 20.2 § 6.1 of CAO | detention for 13 days | Moscow City Court
08/02/2021 |
Art. 5 (1) – unlawful detention – escorting to and detention at the police station for compiling an offence record between 1.30 p.m. on 31/01/2021 and 5 p.m. on 01/02/2021;
Art. 6 (1) – lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; Prot. 7 Art. 2 – delayed review of conviction by a higher tribunal – the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO. |
5,000 |
| 9. | 43753/21
26/08/2021 |
Darya Vladimirovna SUKHOVA
1995 |
Rally “Free Navalnyy”
Moscow 23/01/2021 |
article 20.2 § 5 of CAO | fine of RUB 20,000 | Moscow City Court
02/04/2021 |
Art. 5 (1) – unlawful detention – escorting to and detention at the police station for compiling an offence record between 3.19 p.m. and 11.58 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. |
4,000 |
| 10. | 43790/21
26/08/2021 |
Artur Vladimirovich KIUSHKIN
1998 |
Rally “Free Navalnyy”
Saransk 21/04/2021 |
article 20.2 § 5 of CAO | fine of RUB 10,000 | Supreme Court of the Republic of Chuvashia
04/06/2021 |
Art. 5 (1) – unlawful detention – escorting to and detention at the police station between 8.10 p.m. on 21/04/2021 and 1.30 a.m. on 22/04/2021;
Art. 6 (1) – lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. |
4,000 |
| 11. | 43796/21
26/08/2021 |
Filipp Antonovich FORTUNKOV
1990 |
Rally “Free Navalnyy”
Moscow 31/01/2021 |
article 20.2 § 6.1 of CAO | fine of RUB 20,000 | Moscow City Court
30/03/2021 |
Art. 5 (1) – unlawful detention – escorting to and detention at the police station for compiling an offence record between 4.14 p.m. on 31/01/2021 and 5.30 p.m. on 02/02/2021;
Art. 6 (1) – lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. |
4,000 |
| 12. | 43805/21
26/08/2021 |
Raushaniya Ilgizovna STEGLENKO
1983 |
Rally “Free Navalnyy”
Magnitogorsk 31/01/2021 |
article 20.2 § 5 of CAO | fine of RUB 13,000 | Chelyabinsk Regional Court
31/03/2021 |
Art. 5 (1) – unlawful detention – escorting to the police station for compiling an offence record between 1.05 p.m. and 4.15 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. |
4,000 |
| 13. | 43815/21
26/08/2021 |
Dmitriy Andreyevich LYSKOV
1982 |
Rally “Free Navalnyy”
Beryozniki 31/01/2021 |
article 20.2 § 5 of CAO | fine of RUB 10,000 | Perm Regional Court
22/04/2021 |
Art. 5 (1) – unlawful detention – escorting to the police station for compiling an offence record between 12.15 p.m. and 3.30 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. |
4,000 |
| 14. | 43828/21
26/08/2021 |
Kseniya Alekseyevna UYMANOVA
2000 |
Rally “Free Navalnyy”
Vladivostok 31/01/2021 |
article 20.2 § 5 of CAO | fine of RUB 10,000 | Primorye Regional Court
15/03/2021 |
Art. 5 (1) – unlawful detention – escorting to and detention at the police station for compiling an offence record between 12.05 p.m. and 7 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. |
4,000 |
| 15. | 43850/21
10/08/2021 |
Leonid Mikhaylovich SHEKHTMAN
1995 |
Rally “Free Navalnyy”
Moscow 31/01/2021 |
article 20.2 § 6.1 of CAO | detention for 7 days | Moscow City Court
10/02/2021 |
Art. 5 (1) – unlawful detention – escorting to and detention at the police station for compiling an offence record between 12.40 p.m. on 31/01/2021 and 4.37 p.m. on 01/02/2021;
Art. 6 (1) – lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; Prot. 7 Art. 2 – delayed review of conviction by a higher tribunal – the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO. |
5,000 |
| 16. | 43859/21
10/08/2021 |
Yegor Alekseyevich BALYKO
1997 |
Rally “Free Navalnyy”
Moscow 31/01/2021 |
article 20.2 § 6.1 of CAO | detention for 12 days | Moscow City Court
04/03/2021 |
Art. 5 (1) – unlawful detention – escorting to and detention at the police station for compiling an offence record between 5.50 p.m. on 31/01/2021 and 8.30 p.m. on 01/02/2021;
Art. 6 (1) – lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; Prot. 7 Art. 2 – delayed review of conviction by a higher tribunal – the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO. |
5,000 |
| 17. | 43861/21
10/08/2021 |
Yevgeniy Sergeyevich BARABASH
1995 |
Rally “Free Navalnyy”
Moscow 31/01/2021 |
article 20.2 § 6.1 of CAO | detention for 15 days | Moscow City Court
10/02/2021 |
Art. 5 (1) – unlawful detention – escorting to and detention at the police station for compiling an offence record between 5.30 p.m. on 31/01/2021 and 3.20 p.m. on 01/02/2021;
Art. 6 (1) – lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; Prot. 7 Art. 2 – delayed review of conviction by a higher tribunal – the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO. |
5,000 |
| 18. | 44002/21
30/08/2021 |
Aleksandr Sergeyevich POPKOVICH
1997 |
Rally “Free Navalnyy”
Moscow 31/01/2021 |
article 20.2 § 6.1 of CAO | detention for 10 days | Moscow City Court
02/03/2021 |
Art. 5 (1) – unlawful detention – escorting to and detention at the police station for compiling an offence record between 6.15 p.m. on 31/01/2021 and 6 p.m. on 01/02/2021;
Art. 6 (1) – lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; Prot. 7 Art. 2 – delayed review of conviction by a higher tribunal – the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO. |
5,000 |
| 19. | 44093/21
30/08/2021 |
Dmitriy Anatolyevich YEPISHCHEV
1987 |
Rally “Free Navalnyy”
Moscow 23/01/2021 |
article 20.2 § 5 of CAO | fine of RUB 15,000 | Moscow City Court
12/04/2021 |
Art. 5 (1) – unlawful detention – escorting to and detention at the police station for compiling an offence record between 2.30 p.m. on 23/01/2021 and 12.20 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. |
4,000 |
| 20. | 44100/21
30/08/2021 |
Irina Vasilyevna ORESHKINA
1977 |
Rally “Free Navalnyy”
Moscow 31/01/2021 |
article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court
12/03/2021 |
Art. 5 (1) – unlawful detention – escorting to and detention at the police station for compiling an offence record between 4.40 p.m. and 11.20 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. |
4,000 |
| 21. | 47174/21
07/09/2021 |
Marina Sergeyevna KLIVETSKAYA
1975 |
Rally “Free Navalnyy”
Omsk 23/01/2021 |
article 20.2 § 5 of CAO | fine of RUB 10,000 | Omsk Regional Court
06/04/2021 |
Art. 6 (1) – lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 3,500 |
| 22. | 47202/21
16/09/2021 |
Yuliya Vladimirovna REZNIKOVA
1972 To CHECK |
Rally “Free Navalnyy”
Taganrog 31/01/2021 |
article 20.2 § 5 of CAO | fine of RUB 10,000 | Rostov Regional Court
17/03/2021 |
Art. 6 (1) – lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 3,500 |
| 23. | 47227/21
16/09/2021 |
Yevgeniy Viktorovich LIDZHIYEV
1991 |
Rally “Free Navalnyy”
Moscow 31/01/2021 |
article 20.2 § 6.1 of CAO | detention for 8 days | Moscow City Court
16/03/2021 |
Art. 5 (1) – unlawful detention – escorting to the police station for compiling an offence record 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. |
5,000 |
| 24. | 47229/21
16/09/2021 |
Petr Alekseyevich STRYAKHNIN
1997 |
Rally “Free Navalnyy”
Moscow 31/01/2021 |
article 20.2 § 5 of CAO | fine of RUB 15,000 | Moscow City Court
17/03/2021 |
Art. 5 (1) – unlawful detention – escorting to and detention at the police station for compiling an offence record between 1.30 p.m. and 9.10 p.m. on 31/01/2021;
Art. 6 (1) – lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. |
4,000 |
| 25. | 48036/21
09/09/2021 |
Yefim Ilyich MATUSHKIN
2001 |
Rally “Free Navalnyy”
Moscow 02/02/2021 |
article 20.2 § 5 of CAO | fine of RUB 20,000 | Moscow City Court
10/03/2021 |
Art. 5 (1) – unlawful detention – escorting to and detention at the police station for compiling an offence record between noon on 02/02/2021 and 1 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. |
4,000 |
| 26. | 48104/21
09/09/2021 |
Yakov Mikhaylovich PODMAREV
2002 |
Rally “Free Navalnyy”
Moscow 02/02/2021 |
article 20.2 § 5 of CAO | fine of RUB 20,000 | Moscow City Court
10/03/2021 |
Art. 5 (1) – unlawful detention – escorting to and detention at the police station for compiling an offence record between 11 a.m. on 02/02/2021 and midnight 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. |
4,000 |
| 27. | 48155/21
24/09/2021 |
Kirill Olegovich SAVCHENKOV
1987 |
Rally “Free Navalnyy”
Moscow 31/01/2021 |
article 20.2 § 5 of CAO | fine of RUB 15,000 | Moscow City Court
19/05/2021 |
Art. 5 (1) – unlawful detention – escorting to and detention at the police station for compiling an offence record between 3.30 p.m. on 31/01/2021 and 12.03 a.m. on 01/02/2021;
Art. 6 (1) – lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. |
4,000 |
| 28. | 48158/21
24/09/2021 |
Aleksandra Aleksandrovna SAZONOVA
1996 |
Rally “Free Navalnyy”
Moscow 23/01/2021 |
article 20.2 § 5 of CAO | fine of RUB 20,000 | Moscow City Court
02/04/2021 |
Art. 5 (1) – unlawful detention – escorting to and detention at the police station for compiling an offence record between 3.30 p.m. on 23/01/2021 and noon 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. |
4,000 |
| 29. | 48172/21
24/09/2021 |
Gennadiy Alekseyevich STEPANCHIKOV
1973 |
Rally “Free Navalnyy”
Moscow 31/01/2021 |
article 20.2 § 6.1 of CAO | fine of RUB 15,000 | Moscow City Court
06/04/2021 |
Art. 5 (1) – unlawful detention – escorting to and detention at the police station for compiling an offence record between 2.30 p.m. on 31/01/2021 and midnight on 02/02/2021;
Art. 6 (1) – lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. |
4,000 |
| 30. | 48195/21
24/09/2021 |
Aleksandr Sergeyevich
OSIN 1997 |
Rally “Free Navalnyy”
Moscow 02/02/2021 |
article 20.2 § 6.1 of CAO | fine of RUB 10,000 | Moscow City Court
02/04/2021 |
Art. 5 (1) – unlawful detention – escorting to and detention at the police station for compiling an offence record between 11.30 p.m. on 02/02/2021 and 3 p.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. |
4,000 |
| 31. | 48197/21
24/09/2021 |
Yevgeniy Olegovich ZHIDILEV
1990 |
Rally “Free Navalnyy”
Moscow 02/02/2021 |
article 20.2 § 5 of CAO | fine of RUB 15,000 | Moscow City Court
12/04/2021 |
Art. 5 (1) – unlawful detention – escorting to and detention at the police station for compiling an offence record between 11.30 p.m. on 02/02/2021 and 5 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. |
4,000 |
| 32. | 48206/21
24/09/2021 |
Vlada Yuryevna AKHMANOVA
2001 |
Rally “Free Navalnyy”
Cheboksary 23/01/2021 |
article 20.2 § 5 of CAO | fine of RUB 10,000 | Supreme Court of the Republic of Chuvashia
30/03/2021 |
Art. 5 (1) – unlawful detention – escorting to the police station for compiling an offence record 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. |
4,000 |
| 33. | 48215/21
24/09/2021 |
Yekaterina Valeryevna BABUTSKAYA
1993 |
Rally “Free Navalnyy”
Taganrog 31/01/2021 |
article 20.2 § 5 of CAO | fine of RUB 10,000 | Rostov Regional Court
29/03/2021 |
Art. 5 (1) – unlawful detention – escorting to the police station for compiling an offence record between 11.15 a.m. and 5.30 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. |
4,000 |
[i] Plus any tax that may be chargeable to the applicants.
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