44147/21;44501/21;44514/21;44580/21;44794/21;44807/21;44883/21;44892/21;44906/21;44910/21;44979/21;44988/21;45020/21;45024/21;45194/21;45200/21;46399/21;46690/21;47031/21;47139/21;47152/21;26850/22;29705/22;37042/22;40717/22;40941/22;41278/22;44809/22
WyrokETPCz2024-03-28ECLI:CE:ECHR:2024:0328JUD004414721
Analiza orzeczenia
Sekcja wygenerowana przez AI na podstawie treści orzeczenia — nie stanowi cytatu.
Zagadnienie prawne
Czy środki zastosowane przez władze rosyjskie wobec organizatorów i uczestników zgromadzeń publicznych, w tym aresztowania i skazania za wykroczenia administracyjne, stanowiły nieproporcjonalną ingerencję w prawo do wolności zgromadzeń, a także naruszały prawo do wolności i bezpieczeństwa osobistego oraz prawo do rzetelnego procesu?Ratio decidendi
Trybunał uznał, że ingerencje w wolność zgromadzeń skarżących nie były „konieczne w społeczeństwie demokratycznym”, powołując się na swoje ugruntowane orzecznictwo w podobnych sprawach dotyczących Rosji. Stwierdził również naruszenia art. 5 ust. 1 Konwencji z powodu bezprawnego pozbawienia wolności, art. 6 ust. 1 z uwagi na brak bezstronności sądu w postępowaniach administracyjnych oraz art. 2 Protokołu nr 7 z powodu braku skutku zawieszającego odwołania od kary aresztu administracyjnego. Trybunał nie znalazł żadnych faktów ani argumentów, które mogłyby skłonić go do odmiennego wniosku.Stan faktyczny
Skarżący byli organizatorami lub uczestnikami zgromadzeń publicznych w Rosji, w tym wieców „Wolny Nawalny” i wieców antywojennych. Władze rosyjskie podjęły wobec nich środki, takie jak aresztowania i skazania za wykroczenia administracyjne, w tym grzywny lub areszt. Skarżący byli często zatrzymywani na komisariatach policji na dłużej niż trzy godziny po sporządzeniu protokołu o wykroczeniu, bez uzasadnienia. W postępowaniach administracyjnych brakowało bezstronności sądu, a odwołania od kar aresztu administracyjnego nie miały skutku zawieszającego.Rozstrzygnięcie
Trybunał jednogłośnie: połączył skargi; stwierdził, że ma jurysdykcję do rozpatrzenia skarg; uznał skargi na podstawie art. 11 Konwencji oraz inne skargi oparte na ugruntowanym orzecznictwie za dopuszczalne i uznał, że nie ma potrzeby odrębnego rozpatrywania pozostałych skarg na podstawie art. 6 Konwencji; stwierdził naruszenie art. 11 Konwencji; stwierdził naruszenie Konwencji i jej Protokołów w odniesieniu do innych skarg opartych na ugruntowanym orzecznictwie; orzekł, że państwo pozwane ma zapłacić skarżącym kwoty wskazane w załączonej tabeli tytułem zadośćuczynienia.Pełny tekst orzeczenia
FOURTH SECTION
CASE OF POGORELOVA AND OTHERS v. RUSSIA
(Applications nos. 44147/21 and 27 others –
see appended list)
JUDGMENT
STRASBOURG
28 March 2024
This judgment is final but it may be subject to editorial revision.
In the case of Pogorelova and Others v. Russia,
The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:
Branko Lubarda, President,
Armen Harutyunyan,
Ana Maria Guerra Martins, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 7 March 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. 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 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.
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); and 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.
REMAINING COMPLAINTS
14. Some applicants raised further additional complaints under Article 6 of the Convention concerning other aspects of fairness of the administrative‑offence proceedings. In view of the findings in paragraphs 11 and 13 above, the Court considers that there is no need to deal separately with these remaining complaints.
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,
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 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;
Holds that these applications disclose a breach of Article 11 of the Convention;
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);
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 28 March 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Branko Lubarda
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]
44147/21
30/08/2021
Yuliya Aleksandrovna POGORELOVA Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Tambov
31/01/2021
article 20.2 § 6.1 of CAO
detention for 6 days
Tambov Regional Court
01/03/2021
Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 31/01/2021 for compiling administrative offence record and detention at the police station between 1:20 p.m. on 31/01/2021 and 4:40 p.m. on 01/02/2021 - detained for more than three hours after the offence record was drawn up, without any justification;
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
44501/21
11/08/2021
Andrey Aleksandrovich RUMYANTSEV Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
detention for 12 days
Moscow City Court
11/02/2021
Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 02/02/2021 for compiling administrative offence record and detention at the police station between 11:20 p.m. on 02/02/2021 and 7:00 p.m. on 03/03/2021 - detained for more than three hours after the offence record was drawn up, without any justification,
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
44514/21
17/08/2021
Aleksandr Alekseyevich PUSHIN Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
detention for 7 days
Moscow City Court
05/02/2021
(received by the applicant on 02/06/2021)
Art. 5 (1) - unlawful deprivation of liberty -escorting to the police station on 02/02/2021 for compiling administrative offence record and detention at the police station between 10:30 p.m. on 02/02/2021 and 4:30 p.m. on 03/02/2021 - detained for more than three hours after the offence record was drawn up, without any justification
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
44580/21
27/08/2021
Alisher Khakimbekovich BEKNAZAROV Pershakova Yelena Yuryevna
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Moscow City Court
06/04/2021
Art. 5 (1) - unlawful deprivation of liberty -escorting to the police station on 31/01/2021 for compiling administrative offence record and detention at the police station between 3:30 p.m. on 31/01/2021 and 12:35 p.m. on 02/02/2021 - detained for more than three hours after the offence record was drawn up, without any justification,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
44794/21
27/08/2021
Lev Borisovich NIKOLSKIY Pershakova Yelena Yuryevna
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
fine of RUB 10,000
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 11.30 p.m. on 02/02/2021 and 9:50 a.m. om 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
44807/21
27/08/2021
Veniamin Sergeyevich ORLYANSKIY Pershakova Yelena Yuryevna
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
detention for 5 days
Moscow City Court
30/03/2021
Art. 5 (1) - unlawful deprivation of liberty - escorting to and detention at the police station for compiling an offence record between 11.30 p.m. on 02/02/2021 and 9:15 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
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
44883/21
25/07/2021
Pavel Grigoryevich YAKUSHIN Aksenova Darya Dmitriyevna
Kolomna
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
detention for 6 days
Moscow City Court
06/04/2021
Art. 5 (1) - unlawful deprivation of liberty - escorting to and detention at the police station for compiling an offence record between 2:00 p.m. on 31/01/2021 and the morning of 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
5,000
44892/21
12/08/2021
Kirill Vladimirovich ALESHIN Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
detention for 12 days
Moscow City Court
19/05/2021
Art. 5 (1) - unlawful deprivation of liberty - escorting to and detention at the police station for compiling an offence record between 1:15 p.m. on 31/01/2021 and 2:30 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,
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
44906/21
12/08/2021
Darya Andreyevna ZIMINA Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
detention for 15 days
Moscow City Court
12/02/2021
Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 02/02/2021 for compiling administrative offence record and detention at the police station between 11:05 p.m. on 02/02/2021 and 7:00 p.m. on 03/02/2021 - detained for more than three hours after the offence record was drawn up, without any justification,
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
44910/21
12/08/2021
Nikita Sergeyevich KARPENKO Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
detention for 10 days
Moscow City Court
12/02/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 11.00 p.m. on 02/02/2021 and 5:00 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
44979/21
30/08/2021
Dmitriy Gennadyevich NAUMOV Pershakova Yelena Yuryevna
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
detention for 10 days
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 11.00 p.m. on 02/02/2021 and 9:00 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,
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
44988/21
11/08/2021
Yegor Aleksandrovich IVANOV Nurgaleyev Danil Ilnurovich
Kazan
Rally "Free Navalnyy"
Kazan
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
28/04/2021
Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 23/01/2021 for compiling administrative offence record,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
45020/21
11/08/2021
Aleksey Leonidovich BRAYNIN Nurgaleyev Danil Ilnurovich
Kazan
Rally "Free Navalnyy"
Kazan
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
14/04/2021
Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 23/01/2021 for compiling administrative offence record; and detention at the police station between 3:45 p.m. on 23/01/2021 and 2:00 p.m. on 24/01/2021 - detained for more than three hours after the offence record was drawn up, without any justification.
5,000
45024/21
11/08/2021
Tatyana Yuryevna SOKOLOVSKAYA Nurgaleyev Danil Ilnurovich
Kazan
Rally "Free Navalnyy"
Kazan
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
14/04/2021
Art. 5 (1) - unlawful deprivation of liberty -escorting to the police station on 23/01/2021 for compiling administrative offence record and detention at the police station between 3:45 p.m. and 9:21 p.m. on 23/01/2021 - detained for more than three hours after the offence record was drawn up, without any justification
4,000
45194/21
27/08/2021
Ivan Alekseyevich LAGASHIN Pershakova Yelena Yuryevna
Moscow
Rally "Free Navalnyy"
Moscow
02/03/2021
article 20.2 § 6.1 of CAO
detention for 5 days
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 0:26 and 9:25 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
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
45200/21
27/08/2021
Alena Aleksandrovna PAVLOVA Pershakova Yelena Yuryevna
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
detention for 10 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 11:47 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
46399/21
07/08/2021
Kirilla Igorevna LABINTATLO Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
detention for 5 days
Moscow City Court
06/04/2021
Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 02/02/2021 for compiling administrative offence record and detention at the police station between 11:30 p.m. on 02/02/2021 and 7:00 p.m. on 03/02/2021 - detained for more than three hours after the offence record was drawn up, without any justification,
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
46690/21
07/08/2021
Dmitriy Borisovich RUMSHINSKIY Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
detention for 8 days
Moscow City Court
26/03/2021
Art. 5 (1) - unlawful deprivation of liberty -escorting to the and detention at the police station between 2:48 p.m. on 31/01/2021 and 12:45 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
47031/21
07/09/2021
Lyudmila Ruslanovna PCHELKINA Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
St Petersburg
31/01/2021
article 20.2.2 § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
16/03/2021
Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 31/01/2021 for compiling administrative offence record and detention at the police station between 1:50 p.m. on 31/01/2021 and 7:50 p.m. on 01/02/2021 - detained for more than three hours after the offence record was drawn up, without any justification,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
47139/21
02/09/2021
Aleksey Andreyevich GUNYASHOV Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
St. Petersburg
31/01/2021
article 20.2 § 6.1 of CAO
detention for 7 days
St Petersburg City Court
02/03/2021
Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 31/01/2021 for compiling administrative offence record and detention at the police station between 1:50 p.m. on 31/01/2021 and 3:10 p.m. on 01/02/2021 - detained for more than three hours after the offence record was drawn up, without any justification,
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
47152/21
07/09/2021
Viktor Vasilyevich TIM Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Tula
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 14,000
Tula Regional Court
29/03/2021
Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 31/01/2021 for compiling administrative offence record and detention at the police station between 12:20 p.m. and 5:20 p.m. on 31/01/2021 - detained for more than three hours after the offence record was drawn up, without any justification,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
26850/22
05/05/2022
Sabina Umirgaliyevna ZHOLTAYEVA Kabirov Rushan Rafisovich
Kazan
Anti-war rally
Kazan
27/02/2022
article 20.2 § 8 of CAO
detention for 3 days
Supreme Court of the Tatarstan Republic
02/03/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 5:31 p.m. on 27/02/2022 and 28/02/2022, when the applicant was taken to court for a hearing of her case,
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
29705/22
12/05/2022
Zhanna Andreyevna OSIPOVA Ibragimov Rushan Zubairovich
Astrakhan
Rally "Free Navalnyy"
Moscow
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
13/12/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
3,500
37042/22
15/07/2022
Aleksandr Vasilyevich MILEV Mangileva Vera Borisovna
Yekaterinburg
Anti-war rally
Yekaterinburg
24/02/2022
article 20.2 § 2 of CAO
detention for 9 days
Sverdlovsk Regional Court
02/03/2022
(received by the applicant on 21/03/2021)
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 2:30 p.m. on 24/02/2022 and the evening of 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,
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
40717/22
12/08/2022
Andrey Leonidovich GRINGAUZ Kuroptev Aleksey Mikhaylovich
Balashikha
Anti-war rally
St Petersburg
27/02/2022
article 20.2.2 § 1 of CAO
detention for 9 days
St Petersburg City Court
14/04/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 8:00 p.m. on 27/02/2022 and 5:20 p.m. on 28/02/2022,
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.
4,000
40941/22
08/08/2022
Timur Olegovich ZAVGORODNIY Dadayeva Yekaterina Viktorovna
St Petersburg
Anti-war rally
St Petersburg
02/04/2022
article 20.2 § 6.1 of CAO
detention for 7 days
St Petersburg City Court
08/04/2022
Art. 5 (1) - unlawful deprivation of liberty - escorting to and detention at the police station for compiling an offence record between 3:45 p.m. on 02/04/2022 and 12:30 p.m. on 03/04/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
5,000
41278/22
11/08/2022
Pavel Viktorovich KHOLKIN Kapustin Vladimir Yakovlevich
Yekaterinburg
Anti-war rally
Yekaterinburg
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 12,000
Sverdlovsk Regional Court
01/06/2022
3,500
44809/22
12/09/2022
Sofya Olegovna LEN Mezak Ernest Aleksandrovich
Saint-Barthélemy-d’Anjou
Anti-war rally
St Petersburg
02/03/2022
article 20.2.2 § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
24/05/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 7:40 p.m. on 02/03/2022 and evening of 03/03/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
[1] Plus any tax that may be chargeable to the applicants.
© Rada Europy / Europejski Trybunał Praw Człowieka, źródło: HUDOC (hudoc.echr.coe.int), pozyskano 29.07.2026. · Źródło