9494/20;43/23;84/23;86/23;501/23;519/23;526/23;881/23;1217/23;1513/23;1566/23;1691/23;1702/23;1705/23;1707/23;1757/23;1770/23;1777/23;1895/23;1997/23;2091/23;2098/23;2108/23;2630/23;3818/23;4236/23;4475/23;4918/23;5339/23;5981/23
WyrokETPCz2024-06-27ECLI:CE:ECHR:2024:0627JUD000949420
Analiza orzeczenia
Sekcja wygenerowana przez AI na podstawie treści orzeczenia — nie stanowi cytatu.
Zagadnienie prawne
Czy środki podjęte przeciwko organizatorom i uczestnikom zgromadzeń publicznych w Rosji, w tym aresztowania i skazania za wykroczenia administracyjne, stanowiły nieproporcjonalną ingerencję w prawo do wolności zgromadzeń (art. 11 Konwencji) oraz naruszały prawo do wolności i bezpieczeństwa (art. 5 ust. 1) i prawo do rzetelnego procesu (art. 6 ust. 1)?Ratio decidendi
Trybunał stwierdził, że środki podjęte przeciwko skarżącym, polegające na aresztowaniach i skazaniach za wykroczenia administracyjne w związku z ich udziałem w zgromadzeniach publicznych, stanowiły nieproporcjonalną ingerencję w ich prawo do wolności zgromadzeń. Opierając się na swoim ugruntowanym orzecznictwie, Trybunał uznał, że interwencje te nie były "konieczne w społeczeństwie demokratycznym". Dodatkowo, w odniesieniu do niektórych skarżących, Trybunał stwierdził naruszenia art. 5 ust. 1 z powodu bezprawnego pozbawienia wolności oraz art. 6 ust. 1 z powodu braku bezstronności sądu w postępowaniach administracyjnych, również odwołując się do wcześniejszych wyroków w podobnych sprawach.Stan faktyczny
Skarżący byli organizatorami lub uczestnikami zgromadzeń publicznych w Rosji, w tym manifestacji "Dopuskay" oraz protestów przeciwko wojnie na Ukrainie. W związku z tymi zgromadzeniami zostali aresztowani i skazani za wykroczenia administracyjne, głównie na podstawie art. 20.2 § 5 lub art. 20.3.3 rosyjskiego Kodeksu Wykroczeń Administracyjnych (CAO). Niektórzy skarżący doświadczyli również bezprawnego pozbawienia wolności, w tym nieudokumentowanego zatrzymania lub zatrzymania bez nakazu sądowego, oraz podnieśli zarzuty dotyczące braku bezstronności sądów krajowych w postępowaniach administracyjnych.Rozstrzygnięcie
Trybunał jednogłośnie: decyduje o połączeniu skarg; stwierdza, że ma jurysdykcję do rozpatrzenia skarg; uznaje skargi na podstawie art. 11 Konwencji oraz inne skargi na podstawie ugruntowanego orzecznictwa Trybunału (art. 5 ust. 1 i art. 6 ust. 1) za dopuszczalne; stwierdza naruszenie art. 11 Konwencji; stwierdza naruszenie Konwencji w odniesieniu do innych skarg podniesionych na podstawie ugruntowanego orzecznictwa Trybunału; zasądza odszkodowanie na rzecz skarżących w kwotach wskazanych w załączonej tabeli.Pełny tekst orzeczenia
FIFTH SECTION
CASE OF ARBUZOV AND OTHERS v. RUSSIA
(Applications nos. 9494/20 and 29 others –
see appended list)
JUDGMENT
STRASBOURG
27 June 2024
This judgment is final but it may be subject to editorial revision.
In the case of Arbuzov and Others v. Russia,
The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:
María Elósegui, President,
Kateřina Šimáčková,
Stephane Pisani, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 6 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. 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, 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 in the light of its findings in Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 115-31, 10 April 2018, and Korneyeva v. Russia, no. 72051/17, §§ 34-36, 8 October 2019, as to various aspects of unlawful deprivation of liberty of organisers or participants of public assemblies; and Karelin v. Russia, no. 926/08, §§ 58-85, 20 September 2016, concerning the absence of a prosecuting party in the proceedings under the Code of Administrative Offences (COA).
REMAINING COMPLAINTS
14. In view of the above findings, the Court considers that there is no need to deal separately with the remainder of the applicants’ complaints concerning unfairness of the administrative proceedings and effects of the administrative convictions.
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 raised by the applicants;
Holds that there has been a breach of Article 11 of the Convention;
Holds that there has been a violation of the Convention as regards the other complaints raised under the well-established case-law of the Court (see the 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 27 June 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina María Elósegui
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]
9494/20
12/02/2020
Oleg Vladimirovich ARBUZOV Memorial Human Rights Centre
Moscow
“Dopuskay” manifestation (for fair elections)
Trubnaya Square, Moscow
03/08/2019
article 20.2 § 5 of CAO
20 hours’ compulsory work
Moscow City Court
16/10/2019
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 03/08/2019 from 2.45 p.m. to 9.50 p.m. - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO); the complaint was raised in the administrative proceedings,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
43/23
26/11/2022
Irina Aleksandrovna SOFONOVA Tyurina Kristina Olegovna
Nizhniy Novgorod
Manifestation against the war in Ukraine
Nizhniy Novgorod
06/03/2022
article 20.2 § 5 of CAO
administrative fine of RUB 10,000
Nizhniy Novgorod Regional Court
27/07/2022
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 06/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity; raised in the administrative proceedings,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
84/23
29/11/2022
Maret Magomedovna BOCHAYEVA Baranova Natalya Andreyevna
Moscow
Manifestation against the war in Ukraine
Moscow
28/02/2022
article 20.2 § 5 of CAO
administrative fine of RUB 10,000
Moscow City Court
05/08/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - The applicant’s arrest and detention from 8.05 p.m. on 28/02/2022 to 3 a.m. on 01/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO); the complaints were raised in the administrative proceedings
4,000
86/23
19/11/2022
Olga Sergeyevna SERKOVA Baranova Natalya Andreyevna
Moscow
Manifestation against the war in Ukraine
Moscow
13/03/2022
article 20.2 § 5 of CAO
administrative fine of RUB 20,000
Moscow City Court
19/07/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - The applicant was arrested and detained at the police station on 13/03/2022, from 4.30 p.m. to 9.10 p.m. - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO); the complaints were raised in the administrative proceedings
4,000
501/23
27/11/2022
Irina Igorevna ZAMALEYEVA Sabirov Rim Faridovich
Kazan
Manifestation against the war in Ukraine
Kazan
27/02/2022
article 20.2 § 5 of CAO
administrative fine of RUB 10,000
Supreme Court of the Tatarstan Republic
27/07/2022
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Detention took place between 27/02/2022 and 28/02/2022 (exact time unspecified) - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable on the spot to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity; raised in the administrative proceedings
4,000
519/23
21/11/2022
Artem Vyacheslavovich YEPIFANTSEV
Manifestation against the war in Ukraine
Nizhniy Novgorod
06/03/2022
article 20.2 § 5 of CAO
administrative fine of RUB 10,000
Nizhniy Novgorod Regional Court
04/08/2022
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest on 06/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity; raised in the administrative proceedings;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
526/23
29/11/2022
Semen Igorevich DENISOV Nemanov Vladimir Sergeyevich
Moscow
Manifestation against the war in Ukraine
Moscow
02/03/2022
article 20.2 § 5 of CAO
administrative fine of RUB 18,000
Moscow City Court
29/07/2022
Art. 5 (1) - unlawful detention - Arrest and detention from 8 p.m. on 02/03/2022 to 2 a.m. on 03/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO); the complaints were raised in the administrative proceedings,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
881/23
24/11/2022
Oksana Alekseyevna MINOVA Kosnyrev Vladislav Vladimirovich
Syktyvkar
Manifestation against the war in Ukraine
Moscow
24/02/2022
article 20.2 § 5 of CAO
administrative fine of RUB 10,000
Moscow City Court
27/07/2022
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 24/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity; raised in the administrative proceedings,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
1217/23
30/11/2022
Aleksey Valeryevich SHIRSHOV Arshinova Valeriya Aleksandrovna
Moscow
Manifestation against the war in Ukraine
Moscow
25/02/2022
article 20.2 § 5 of CAO
administrative fine of RUB 10,000
Moscow City Court
03/08/2022
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest on 25/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/
assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity; the complaint was raised in the administrative proceedings,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
1513/23
10/12/2022
Aleksey Aleksandrovich KALININ
Manifestation against the war in Ukraine
Moscow
24/02/2022
article 20.2 § 5 of CAO
administrative fine of RUB 15,000
Moscow City Court
11/08/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
3,500
1566/23
24/12/2022
Vladislav Sergeyevich SHIRINKIN Makey Yelena Valentinovna
Yekaterinburg
Manifestation against the war in Ukraine
Yekaterinburg
02/03/2022
article 20.2 § 5 of CAO
community service of 25 hours
Sverdlovsk Regional Court
24/08/2022
3,500
1691/23
15/12/2022
Natalya Nikolayevna KULIKOVA
Manifestation against the war in Ukraine
Yekaterinburg
06/03/2022
article 20.2 § 5 of CAO
administrative fine of RUB 15,000
Sverdlovsk Regional Court
18/08/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention from 2.45 p.m. to 9 p.m. on 06/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO); the complaints were raised in the administrative proceedings
4,000
1702/23
24/12/2022
Aleksey Mikhaylovich LAPTEV Baranova Nataliya Andreyevna
Moscow
Manifestation against the war in Ukraine
Puskinskaya Square, Moscow
25/02/2022
article 20.2 § 5 of CAO
administrative fine of RUB 15,000
Moscow City Court
25/08/2022
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Applicant on 25/02/2022 was taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity; raised in the administrative proceedings,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
1705/23
30/11/2022
Ilya Olegovich ROZHNOV Zboroshenko Nikolay Sergeyevich
Mytishchi
Manifestation against the war in Ukraine
Moscow
24/02/2022
article 20.2 § 5 of CAO
administrative fine of RUB 10,000
Moscow City Court
17/08/2022
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest on 24/02/2022 - applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity; the complaint was raised in the administrative proceedings,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
1707/23
30/11/2022
Ivan AVRAMCHUK Zboroshenko Nikolay Sergeyevich
Mytishchi
Manifestation against the war in Ukraine
Moscow
01/03/2022
article 20.2 § 5 of CAO
administrative fine of RUB 20,000
Moscow City Court
05/08/2022
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Applicant on 01/03/2022 taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity; the complaint was raised in the administrative proceedings,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
1757/23
12/12/2022
Olga Andreyevna STENNIKOVA
Manifestation against the war in Ukraine
Novosibirsk
06/03/2022
article 20.2 § 5 of CAO
administrative fine of RUB 10,000
Novosibirsk Regional Court
08/09/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - from 2.05 p.m. to 11.50 p.m. on 06/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity; Detention as an administrative suspect: beyond the three‑hour statutory period (Art. 27.5(1)-(4) CAO); the complaints were raised on appeal
4,000
1770/23
22/12/2022
Anna Vladimirovna VYALKINA
Manifestation against the war in Ukraine
Moscow
01/03/2022
article 20.2 § 5 of CAO
administrative fine of RUB 20,000
Moscow City Court
25/08/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
3,500
1777/23
28/11/2022
Nikolay Yuryevich KHRUST
Manifestation against the war in Ukraine
Moscow
13/03/2022
article 20.2 § 5 of CAO
administrative fine of RUB 15,000
Moscow City Court
29/07/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 13/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity, raised on appeal
4,000
1895/23
05/12/2022
Anton Yuryevich VAKHRANEV
Manifestation against the war in Ukraine
Moscow
03/03/2022
article 20.2 § 5 of CAO
administrative fine of RUB 10,000
Moscow City Court
29/08/2022
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Detention took place between 6.20 p.m. and 8.30 p.m. on 03/03/2022 – Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity; the complaint was raised in the administrative proceedings,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
1997/23
09/12/2022
Aleksey Mikhaylovich SHEMYAKIN
Manifestation against the war in Ukraine
Moscow
24/02/2022
article 20.2 § 5 of CAO
administrative fine of RUB 20,000
Moscow City Court
09/08/2022
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention from 8.47 p.m. on 24/02/2022 to 0.35 a.m. on 25/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity; raised on appeal in the administrative proceedings,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
2091/23
03/12/2022
Aleksandra Vladimirovna LEZINA Zinovyev Konstantin Mikhaylovich
Nizhniy Novgorod
Manifestation against the war in Ukraine
Nizhniy Novgorod
01/03/2022
article 20.2 § 5 of CAO
administrative fine of RUB 10,000
Nizhniy Novgorod Regional Court
04/08/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest on 28/03/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity; raised in the administrative proceedings
4,000
2098/23
25/11/2022
Svetlana Antonovna SOLOVYEVA
Manifestation against the war in Ukraine
Yekaterinburg
06/03/2022
article 20.2 § 5 of CAO
administrative fine of RUB 15,000
Sverdlovsk Regional Court
28/07/2022
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 06/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity; the complaint was raised in the administrative proceedings,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
2108/23
17/12/2022
Darya Sergeyevna PROSUNTSOVA
Manifestation against the war in Ukraine
Moscow
02/05/2022
article 20.2 § 5 of CAO
administrative fine of RUB 15,000
Moscow City Court
17/08/2022
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 02/05/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity; the complaint was raised in the administrative proceedings,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
2630/23
20/12/2022
Aleksey Valeriyevich KONIN
Manifestation against the war in Ukraine
Pushkinskaya Square, Moscow
25/02/2022
article 20.2 § 5 of CAO
administrative fine of RUB 15,000
Moscow City Court
23/08/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention at the police station form 7.15 p.m. on 25/02/2022 to 2.30 a.m. on 26/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO); the complaints raised in the administrative proceedings
4,000
3818/23
07/12/2022
Anna Sergeyevna MALITSKAYA
Manifestation against the war in Ukraine
Manezhnaya Square, Moscow
02/03/2022
article 20.2 § 5 of CAO
administrative fine of RUB 10,000
Moscow City Court
09/08/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest on 02/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity; raised in the administrative proceedings
4,000
4236/23
09/12/2022
Danil Rashidovich SADYKOV
Manifestation against the war in Ukraine
Yekaterinburg
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 12,000
Sverdlovsk Regional Court
10/08/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 06/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity;
the complaint raised in the administrative proceedings
4,000
4475/23
08/01/2023
Tatyana Semenovna DRABKINA
Manifestation against the war in Ukraine
Moscow
02/04/2022
article 20.2 § 5 of CAO
administrative fine of RUB 10,000
Moscow City Court
09/09/2022
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 02/04/2022, from 2.30 p.m. to 11.30 p.m. - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO); the complaints were raised in the administrative proceedings,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
4918/23
13/01/2023
Alina Nailyevna LATYPOVA Sabirov Rim Faridovich
Kazan
Manifestation against the war in Ukraine
Kazan
23/03/2022
article 20.3.3 of CAO
administrative fine of RUB 30,000
Supreme Court of the Tatarstan Republic 14/09/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
3,500
5339/23
28/12/2022
Nataliya Aleksandrovna TIKHONOVA
Manifestation against the war in Ukraine
Moscow
02/04/2022
article 20.2 § 5 of CAO
administrative fine of RUB 16,000
Moscow City Court
01/09/2022
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Detention took place between 3 p.m. and 7.30 p.m. on 02/04/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity; Detention on 22/06/2022 from 9.10 a.m. to 6 p.m. - Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO); the complaints were raised in the administrative proceedings,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
5981/23
12/01/2023
Oksana Alekseyevna MALININA
Manifestation against the war in Ukraine
Moscow
13/03/2022
article 20.2 § 5 of CAO
administrative fine RUB 15,000
Moscow City Court
13/09/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention from 2.07 p.m. to 10.50 p.m. on 13/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity, Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO); raised on appeal
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