53194/16;82271/17;14966/18;44809/18;54185/18;360/19;3447/19;7493/19;11976/19;28837/19;65162/19;7805/20;11552/20;34359/21;35749/21;38644/21;41090/21;42517/21;42994/21;45300/21;45302/21;45493/21;49360/21;51751/21;52305/21;55414/21;55981/21;59799/21;59875/21;2411/22;3953/22;35426/22;12161/23;12466/23;33679/23
WyrokETPCz2024-07-04ECLI:CE:ECHR:2024:0704JUD005319416
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 (art. 11 Konwencji) oraz naruszyły inne prawa konwencyjne?Ratio decidendi
Trybunał uznał, że ingerencje w wolność zgromadzeń skarżących nie były "niezbędne w społeczeństwie demokratycznym", opierając się na zasadach ustanowionych w swoim ugruntowanym orzecznictwie dotyczącym wolności zgromadzeń i proporcjonalności ingerencji. W odniesieniu do innych zarzutów, Trybunał również stwierdził naruszenia Konwencji i jej Protokołów, powołując się na swoje wcześniejsze wyroki w podobnych sprawach, co wskazuje na powtarzalny charakter naruszeń w Rosji w kontekście zgromadzeń publicznych.Stan faktyczny
Skarżący byli organizatorami lub uczestnikami zgromadzeń publicznych w Rosji. W związku z ich udziałem w tych wydarzeniach, zostali poddani nieproporcjonalnym środkom, takim jak aresztowania, eskortowanie na posterunki policji oraz skazania za wykroczenia administracyjne, często skutkujące grzywnami, pracami społecznymi lub zatrzymaniem administracyjnym. Skarżący zarzucali, że te działania naruszyły ich prawo do wolności zgromadzeń oraz inne prawa wynikające z Konwencji, w tym prawo do wolności, rzetelnego procesu i zakaz podwójnego karania.Rozstrzygnięcie
Trybunał jednogłośnie: łączy skargi; stwierdza, że ma jurysdykcję do rozpatrzenia skarg; uznaje skargi na podstawie art. 11 Konwencji oraz pozostałe skargi na podstawie ugruntowanego orzecznictwa za dopuszczalne i nie widzi potrzeby odrębnego rozpatrywania pozostałych skarg na podstawie art. 6 Konwencji; stwierdza naruszenie art. 11 Konwencji; stwierdza naruszenie Konwencji i jej Protokołów w odniesieniu do pozostałych skarg; zasądza od pozwanego państwa na rzecz skarżących kwoty wskazane w załączonej tabeli tytułem zadośćuczynienia.Pełny tekst orzeczenia
FIRST SECTION
CASE OF ZAKHAROVA AND OTHERS v. RUSSIA
(Applications nos. 53194/16 and 34 others –
see appended list)
JUDGMENT
STRASBOURG
4 July 2024
This judgment is final but it may be subject to editorial revision.
In the case of Zakharova and Others v. Russia,
The European Court of Human Rights (First Section), sitting as a Committee composed of:
Lətif Hüseynov, President,
Ivana Jelić,
Erik Wennerström, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 13 June 2024,
Delivers the following judgment, which was adopted on that date:
PROCEDURE
1. The case originated in applications against Russia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table.
2. The Russian Government (“the Government”) were given notice of the applications.
THE FACTS
3. The list of applicants and the relevant details of the applications are set out in the appended table.
4. The applicants complained of the disproportionate measures taken against them as organisers or participants of public assemblies. They also raised other complaints under the provisions of the Convention.
THE LAW
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, Kasparov and Others v. Russia, no. 21613/07, 3 October 2013, as well as Kasparov v. Russia, no. 53659/07, §§ 66-69, 11 October 2016, the Court has 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. The 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; Tomov and Others v. Russia, nos. 18255/10 and 5 others, §§ 114‑42, 9 April 2019, as regards the conditions of transport of detainees; Novikova and Others v. Russia, nos. 25501/07 and 4 others, §§ 106-225, 26 April 2016, relating to disproportionate measures taken by the authorities against participants of solo demonstrations; Elvira Dmitriyeva v. Russia, nos. 60921/17 and 7202/18, §§ 77-90, 30 April 2019, as to administrative conviction for making calls to participate in public assemblies; Lashmankin and Others v. Russia, nos. 57818/09 and 14 others, §§ 402-78, 7 February 2017, regarding restrictions on location or time of public events; 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; Korneyeva, cited above, §§ 62-65 as to the right of the organisers or participants of public assemblies not to be tried and punished twice for the same offence.
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 4 July 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Lətif Hüseynov
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 per applicant
(in euros)[1]
53194/16
03/09/2016
and
3447/19
16/10/2018
Yelena Georgiyevna ZAKHAROVA Zboroshenko Nikolay Sergeyevich
Moscow
Rally to support Nadezhda Savchenko
Moscow
08/03/2016
Rally to support Nadezhda Savchenko
Moscow
07/03/2016
Public constitutional readings
Moscow
12/03/2018
article 20.2 § 5 of CAO,
article 19.3 § 1 of CAO
article 20.2 § 5 of CAO
article 20.2 § 8 of CAO
fine of RUB 20,000;
fine of RUB 1,000
fine of RUB 10,000
fine of RUB 150,000
Moscow City Court 06/07/2016
Moscow City Court 06/07/2016
Moscow City Court
20/06/2016
Moscow City Court
08/10/2018
Art. 5 (1) - unlawful detention – (1) escorting to the police station for compiling an offence report on 07/03/2016 and 08/03/2016,
(2) escorting to and detention at the police station for compiling an offence report from 8.30 p.m. on 12/03/2018 until 12.10 a.m. on 13/03/2018;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the three sets of administrative-offence proceedings (with the final decisions taken by the Moscow City Court on 06/07/2016 and 08/10/2018 respectively);
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - overlap of the facts constituting the basis for the applicant’s prosecution in the second set of proceedings (Art. 19.3 § 1 of CAO) with substantially the same facts underlying her conviction in the first set of proceedings (Art. 20.2 § 5 of CAO), both of which ended with the final decision taken on 06/07/2016.
6,000
82271/17
23/11/2017
and
54185/18
06/11/2018
Sergey Vladimirovich NOVIKOV Glukhov Aleksey Vladimirovich
Novocheboksarsk
Zinovyev Konstantin Mikhaylovich
Nizhniy Novgorod
Anti-corruption rally
Nizhniy Novgorod
26/03/2017
Political rally
Nizhniy Novgorod
25/02/2018
article 20.2 § 5 of CAO
article 20.2 § 8 of CAO
fine of RUB 10,000
detention for 20 days
Nizhniy Novgorod Regional Court
24/05/2017
Nizhniy Novgorod Regional Court
10/05/2018
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings.
5,000
14966/18
12/03/2018
Yekaterina Andreyevna OGNEVA Terekhov Konstantin Ilyich
Moscow
Protest against corruption
Petropavlovsk-Kamchatskiy
12/06/2017
article 20.2 § 2 of CAO
fine of RUB 11,000
Kamchatka Regional Court
27/09/2017
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings.
3,500
44809/18
07/09/2018
Artem Igorevich GONCHARENKO Olenichev Maksim Vladimirovich
St Petersburg
Voters’ strike
St Petersburg
28/01/2018
article 20.2 § 8 of CAO
detention for 25 days
St Petersburg City Court
07/03/2018
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 2.20 p.m. on 25/02/2018 until 26/02/2018, when the applicant was taken to the court;
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
360/19
09/01/2018
and
11976/19
07/02/2019
Viktor Arkadyevich BALDIN
Stroll in support of YouTube Channel “ArtPodgotovka”
Yekaterinburg
23/07/2017
Rally to support people with disabilities
Yekaterinburg
17/05/2018
Political rally
Yekaterinburg
07/07/2019
Rally against retirement age hike
Yekaterinburg
09/09/2018
Rally "Free Navalnyy"
Yekaterinburg
31/01/2021
article 19.3 § 1 of CAO,
article 20.2 § 5 of CAO
article 20.2 § 8 of CAO
article 20.2 § 8 of CAO
article 20.2 § 8 of CAO
article 20.2 § 5 of CAO
detention for 12 days;
fine of RUB 10,000
detention for 15 days
detention for 5 days
detention for 25 days
30 hours of community work
Sverdlovsk Regional Court 28/07/2017
Sverdlovsk Regional Court
15/11/2017
Sverdlovsk Regional Court
22/05/2018
Sverdlovsk Regional Court
16/07/2019
Sverdlovsk Regional Court
14/09/2018
Yekaterinburg Regional Court
30/06/2021
Art. 5 (1) - unlawful detention – (1) escorting to and detention at the police station from 7 p.m. on 23/07/2017 until 9.30 a.m. on 25/07/2017 and from 2.35 p.m. on 07/07/2019 until 3.20 p.m. on 08/07/2019;
(2) escorting to the police station on 17/05/2018, 05/04/2021 and 21/04/2021 for compiling an offence report;
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.
6,000
7493/19
22/01/2019
and
51751/21
15/10/2021
Andrey Dmitriyevich GERASYUK Sabinin Andrey Vasilyevich
Stavropol
Zhdanov Ivan Yuryevich
Vilnius
Protest against retirement age hike
Stavropol
09/09/2018
Rally "Free Navalnyy"
Stavropol
31/01/2021
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
fine of RUB 10,000
fine of RUB 10,000
Stavropol Regional Court
24/10/2018
Stavropol Regional Court
21/04/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings.
4,000
28837/19
20/05/2019
Gleb Vladimirovich KALINYCHEV
Rally “Free Navalnyy”
Nizhniy Novgorod
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
11/08/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.20 p.m. until 6.10 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 both sets of the administrative-offence proceedings;
Art. 10 (1) - disproportionate measures against solo demonstrators - solo demonstration in support of Ukrainian political prisoners on 03/06/2018 in Nizhniy Novgorod, conviction under article 20.2 § 5 of CAO, sentenced to 30 hours of community work, final decision taken by the Nizhniy Novgorod Regional Court on 22/11/2018.
4,000
65162/19
29/11/2019
Nikolay Andreyevich KRETOV Sergeyeva Irina Vadimovna
Moscow
Political rally
Moscow
19/01/2019
article 19.3 § 1 of CAO
fine of RUB 10,000
Moscow City Court
24/07/2019
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 4 p.m. on 19/01/2019 until 11.40 a.m. on 21/01/2019;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings.
4,000
7805/20
01/02/2020
Yelena Leonidovna RUSAKOVA Rybin Aleksey Vladimirovich
Moscow
Rally to support I. Azar
Moscow
29/05/2020
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
04/09/2020
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report 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;
Art. 11 (1) - restrictions on location, time or manner of conduct of public events - Moscow City Administration’s refusals to approve the locations and dates of several public events:
(1) rally for fair elections on 31/08/2019 in the centre of Moscow, final decision was taken by the Second Cassation Court of General Jurisdiction on 04/12/2019;
(2) rally to call for respect of citizen’s rights on 24/11/2019 in Sakharova avenue; final decision was taken on 07/12/2020 by the Supreme Court of the Russian Federation;
(3) rally to call for respect of citizen’s rights on 01/12/2019 in Bolotnaya Square, final decision was taken on 30/09/2020 by the Supreme Court of the Russian Federation;
(4) protest against housing renovation program on 15/12/2019 near the Moscow City Administration, final decision was taken on 24/11/2020 by the Supreme Court of the Russian Federation;
(5) rally for the preservation of the environment on 15/03/2020 in Komsomolskiy Prospekt, final decision was taken on 15/03/2021 by the Supreme Court of the Russian Federation.
4,000
11552/20
18/02/2020
Valeriya Ibragimovna DZBOYEVA Pomazuyev Aleksandr Yevgenyevich
Vilnius
Rally in support of independent candidates running for election to Mosgorduma
Rostov-on-Don
10/08/2019
article 20.1 § 2 of CAO
detention for 2 days
Rostov Regional Court
19/09/2019
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 10/08/2019;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings.
5,000
34359/21
03/06/2021
Sergey Nikolayevich KOVYAZIN Glukhov Aleksey Vladimirovich
Novocheboksarsk
Rally "Free Navalnyy"
Cheboksary
23/01/2021
Rally "Free Navalnyy"
Cheboksary
21/04/2021
article 20.2 § 5 of CAO
article 20.2 § 8 of CAO
fine of RUB 10,000
40 hours of community work
Supreme Court of the Chuvashia Republic
20/04/2021
Supreme Court of the Chuvashia Republic
26/08/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 23/01/2021 and on 21/04/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings.
4,000
35749/21
22/06/2021
Magomed Sultanovich ALAMOV Savin Aleksandr Vasilyevich
Stavropol
Rally "Free Navalnyy"
Pyatigorsk
31/01/2021
article 20.2.2 § 1 of CAO
detention for 10 days
Stavropol Regional Court
11/02/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 1.30 p.m. on 31/01/2021 until 01/02/2021, when the applicant was taken to the court;
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
38644/21
15/07/2021
Vyacheslav Mikhaylovich RUDENKO Memorial Human Rights Centre
Moscow
Rally to support A. Navalnyy
Moscow
25/07/2020
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
18/01/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.30 p.m. until 6.40 p.m. on 25/07/2020;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings.
4,000
41090/21
30/07/2021
Viktor Nikolayevich IOVENKO 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
05/02/2021
Art. 3 - inadequate conditions of detention during transport - poor conditions of transfer in a police van on 02/02/2021 for 8 hours: 7 persons for 4 cells, less than 0.5 sq. m. per person, the applicant had to sleep on the van floor;
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 3 p.m. on 31/01/2021 until 8.40 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;
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.
6,000
42517/21
05/08/2021
Maksim Aleksandrovich ZAKHAROV Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
detention for 10 days
Moscow City Court
09/02/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 5.15 p.m. on 31/01/2021 until 12.45 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
42994/21
12/08/2021
Gleb Yevgenyevich MARYASOV Zakhvatov Dmitriy Igorevich
Moscow
Rally "Free Navalnyy"
Moscow
23/01/2021
article 19.3 § 1 of CAO,
article 20.2 § 8 of CAO
detention for 15 days,
detention for 30 days
Moscow City Court
12/02/2021
Moscow City Court
12/02/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 7.30 p.m. on 23/01/2021 until 25/01/2021, when the applicant was taken to the court;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings.
6,000
45300/21
03/09/2016
Olga Mikhaylovna MAZUROVA Zboroshenko Nikolay Sergeyevich
Moscow
Rally to support Nadezhda Savchenko
Moscow
08/03/2016
article 20.2 § 5 of CAO,
article 19.3 § 1 of CAO
fine of RUB 15,000;
fine of RUB 1,000
Moscow City Court
08/07/2016
Moscow City Court
08/07/2016
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 08/03/2016;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings;
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - overlap of the facts constituting the basis for the applicant’s prosecution in the second set of proceedings (Art. 19.3 § 1 of CAO) with substantially the same facts underlying her conviction in the first set of proceedings (Art. 20.2 § 5 of CAO).
4,000
45302/21
03/09/2016
Gersh Vadimovich CHERVINSKIY Zboroshenko Nikolay Sergeyevich
Moscow
Rally to support Nadezhda Savchenko
Moscow
08/03/2016
article 20.2 § 5 of CAO,
article 19.3 § 1 of CAO
fine of RUB 10,000,
fine of RUB 500
Moscow City Court 08/07/2016
Moscow City Court 08/07/2016
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 08/03/2016;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings;
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - overlap of the facts constituting the basis for the applicant’s prosecution in the second set of proceedings (Art. 19.3 § 1 of CAO) with substantially the same facts underlying his conviction in the first set of proceedings (Art. 20.2 § 5 of CAO).
4,000
45493/21
12/08/2021
Irina Aleksandrovna PETROVA Shagiyeva Regina Ilgizovna
Leninigorsk
Rally "Free Navalnyy"
Naberezhnye Chelny
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
24/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 and 31/01/2021 for compiling an offence report;
Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 23/01/2021 in Naberezhnye Chelny, Article 20.2 § 2 of CAO, fine of RUB 25,000, final decision taken by the Supreme Court of the Tatarstan Republic on 24/03/2021.
4,000
49360/21
28/09/2021
Mikhail Aleksandrovich TOLSTOY Markin Konstantin Aleksandrovich
Velikiy Novgorod
Rally "Free Navalnyy"
Moscow
02/02/2021
Anti-war protest
Moscow
24/02/2022
article 20.2 § 6.1 of CAO
article 20.2 § 5 of CAO
detention for 7 days
fine of RUB 10,000
Moscow City Court
30/03/2021
Moscow City Court
19/12/2022
Art. 5 (1) - unlawful detention – 1) escorting to and detention at the police station after compiling an offence report from 11.30 p.m. on 02/02/2021 until 5.20 p.m. on 03/02/2021;
2) escorting to the police station for compiling an offence report on 24/02/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 6.1 of CAO,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant in administrative-offence proceedings under Article 20.2 § 6.1 of CAO was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
5,000
52305/21
07/10/2021
Polina Sergeyevna KORZHANOVSKAYA Dimitriyev Dmitriy Sergeyevich
Orenburg
Rally “Free Navalnyy”
Orenburg
31/01/2021
article 19.3 § 1 of CAO,
article 20.2 § 5 of CAO
fine of RUB 1,000;
fine of RUB 10,000
Orenburg Regional Court
12/04/2021
Orenburg Regional Court
07/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 12.55 p.m. on 31/01/2021 until 01/02/2021, when the applicant was taken to the court;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings under Article 19.3 § 1 of CAO.
4,000
55414/21
26/10/2021
Aleksandr Sergeyevich NIKOLAICHEV Aksenova Darya Dmitriyevna
Kolomna
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
detention for 8 days
Moscow City Court
11/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.40 p.m. on 31/01/2021 until 9 a.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.
5,000
55981/21
05/11/2021
Irina Mikhaylovna ROVENSKAYA Zhdanov Ivan Yuryevich
Vilnius
Rally “Free Navalnyy”
Kursk
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 5,000
Kursk Regional Court
14/05/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings.
3,500
59799/21
01/12/2021
Anton Aleksandrovich MAKAROV Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Krasnoyarsk
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Krasnoyarsk Regional Court
17/06/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings.
4,000
59875/21
29/11/2021
Yelizaveta Sergeyevna SAMOYLOVA Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
Anti-war protest
Moscow
24/02/2022
article 20.2 § 5 of CAO
article 20.2 § 8 of CAO
fine of RUB 10,000
fine of RUB 200,000
Moscow City Court
25/06/2021
Moscow City Court
31/10/2022
Art. 5 (1) - unlawful detention –
1) escorting to the police station for compiling an offence report on 31/01/2021;
2) escorting to and detention at the police station after compiling an offence report from 11.30 p.m. on 24/02/2022 until 11.55 a.m. on 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 under Article 20.2 § 5 of CAO (final decision on 25/06/2021).
7,000
2411/22
06/12/2021
Sofya Sergeyevna YEFREMOVA Glukhov Aleksey Vladimirovich
Novocheboksarsk
Rally “Free Navalnyy”
Cheboksary
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Chuvashia Republic
01/07/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 21/04/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings.
4,000
3953/22
30/12/2021
Roman Yevgenyevich KACHANOV
Rally "Free Navalnyy"
Yekaterinburg
31/01/2021
article 20.2 § 5 of CAO
30 hours of community work
Sverdlovsk Regional Court
07/07/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings.
3,500
35426/22
11/07/2022
Margarita Valeryevna MIROSHNICHENKO Bochilo Anna Yevgenyevna
Barnaul
Rally against the closure of independent media outlets
Stavropol
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 15,000
Stavropol Regional Court
18/05/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.10 p.m. until 7.45 p.m. on 06/03/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings.
4,000
12161/23
07/03/2023
Yekaterina Aleksandrovna AVGUSTENYAK
Anti-war protest
Moscow
27/02/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
09/11/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 5.05 p.m. until 11.40 p.m. on 27/02/2022.
4,000
12466/23
02/03/2023
Anna Pavlovna KHARITONOVA
Anti-war protest
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
03/11/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.15 p.m. on 06/03/2022 until 12.30 a.m. on 07/03/2022.
4,000
33679/23
19/08/2023
Alina Vladimirovna KHVOROSTOVA Vasilchenko Olesya
St Petersburg
Anti-war protest
St Petersburg
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
St Petersburg City Court
19/04/2023
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 5.23 p.m. on 06/03/2022 until 4.50 p.m. on 07/03/2022.
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