CEDH · CASELAW;JUDGMENTS;COMMITTEE;ENG — 13 octobre 2022

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RUSSIA (Applications nos. 63819/17 and 22 others – see appended list)             JUDGMENT   STRASBOURG 13 October 2022   This judgment is final but it may be subject to editorial revision. In the case of Bobyrin and Others v. Russia, The European Court of Human Rights (Third Section), sitting as a Committee composed of:   Darian Pavli , President,   Andreas Zünd ,   Frédéric Krenc , judges, and Viktoriya Maradudina, Acting Deputy Section Registrar , Having deliberated in private on 15 September 2022, 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 unlawful detention (deprivation of liberty). 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. ALLEGED VIOLATION OF ARTICLE 5 § 1 of the Convention 6.     The applicants complained that the administrative escorting and arrest procedures and their ensuing detention had been in contravention of Article   5 §   1 of the Convention, which, in so far as relevant, reads as follows: “1.     Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law: ... (c)     the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so; ...” 7.     The Court has previously examined complaints brought by persons arrested and detained in similar circumstances in Russia. Having examined the applicable domestic regulations, the Court established that, under the Russian law, the escorting to a police station and ensuing detention there for the purpose of preparing an administrative arrest record would be permissible only if such record could not be drawn up at the place where the alleged offence had been discovered. The law also required that such escorting and detention be an “exceptional case” and necessary for the prompt and proper examination of the alleged administrative case or to secure the enforcement of any penalty to be imposed (see, for example, Navalnyy v. Russia [GC], nos. 29580/12 and 4 others, §   71, 15 November 2018). The authorities’ failure to comply with those requirements, in the Court’s view, led to it finding a violation of Article   5   §   1 of the Convention (see, in particular, Korneyeva v.   Russia , no. 72051/17, §§   34-36, 8 October 2019). 8.     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 on the admissibility (including by applying the three-month extension introduced by decision of the President of the Court in 2020 as a consequence of the lockdown imposed in France on account of the COVID ‑ 19 pandemic (see   Saakashvili   v. Georgia   (dec.), nos.   6232/20 and   22394/20, §§ 46-59, 1 March 2022)) and merits of these complaints. The Court discerns nothing in the official records submitted for it to conclude that recourse to such procedures was justified, as required by the Russian law. It concludes that that the national authorities failed to comply with applicable rules of domestic procedure and considers that the applicants’ arrest and detention were not “in accordance with a procedure prescribed by law”. 9.     These complaints are therefore admissible and disclose a breach of Article   5 § 1 of the Convention. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW 10.     The applicants submitted other complaints which also raised issues under the Convention, given the relevant well-established case-law of the Court (see the 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. Having examined all the material before it, the Court concludes that they also disclose violations of the Convention in the light of its well ‑ established case-law (see Karelin v. Russia , no. 926/08, 20 September 2016, concerning examination of criminal cases in the absence of a prosecuting party in the judicial proceedings governed by the Federal Code of Administrative Offences, Frumkin v. Russia , no. 74568/12, 5 January 2016, concerning disproportionate measures taken by the authorities against organisers and participants of public assemblies, and Tsvetkova and Others v.   Russia , nos. 54381/08 and 5 others, §§ 179-91, 10 April 2018, concerning delayed review of the applicants’ sentence of administrative detention). 11.     In view of the above findings, the Court considers that there is no need to deal separately with the applicants’ complaints under Article   6 of the Convention concerning other aspects of the fairness of the proceedings and alleged restrictions on the right to examine witnesses. APPLICATION OF ARTICLE   41 OF THE CONVENTION 12.     Article 41 of the Convention provides: “If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.” 13.     Regard being had to the documents in its possession and to its case ‑ law (see, in particular, Saidov v. Russia [Committee], no. 31872/19, §   23, 26 July 2022), the Court considers it reasonable to award the sums indicated in the appended table. 14.     The Court further considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points. FOR THESE REASONS, THE COURT, UNANIMOUSLY, Decides to join the applications; Declares the complaints concerning the unlawful detention (deprivation of liberty) and the other complaints under well-established case-law of the Court, as set out in the appended table, admissible, and decides that it is not necessary to examine separately the applicants’ complaints under Article   6 of the Convention concerning other aspects of the fairness of the proceedings and alleged restrictions on the right to examine witnesses; Holds that these complaints disclose a breach of Article 5 § 1 of the Convention concerning the unlawful detention (deprivation of liberty); Holds that there has been a violation of the Convention and its Protocols as regards the other complaints raised under 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 13 October 2022, pursuant to Rule   77   §§   2 and   3 of the Rules of Court.   Viktoriya Maradudina   Darian Pavli   Acting Deputy Registrar   President       APPENDIX List of applications raising complaints under Article 5 § 1 of the Convention (unlawful detention (deprivation of liberty)) No. Application no. Date of introduction Applicant’s name Year of birth   Representative’s name and location Start date of unauthorised detention End date of unauthorised detention Specific defects Other complaints under well-established case-law Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant (in euros) [1]     63819/17 18/08/2017 Viktor Sergeyevich BOBYRIN 1991   Aleksandr Vasilyevich Popkov Sochi 26/03/2017 26/03/2017 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 (see   Korneyeva v. Russia, no. 72051/17, §   34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos.   50271/06 and 8   other applications, §   35, 2 July 2019),   Applicant taken to the police station as an administrative suspect for the purposes of compiling an offence record: no written record of the administrative escort (Art. 27.2 § 3 CAO) (see Timishev v.   Russia [Committee], no. 47598/08, §   21, 28 November 2017),   Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos.   54381/08 and 5 others, §§ 121-22, 10   April 2018). Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative offence proceedings - (Karelin v.   Russia, no. 926/08, 20 September 2016);   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - Arrest of the applicant at a manifestation on 26/03/2017. Final decision on the matter was taken by the Krasnodar Regional Court on 08/04/2017;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant by the court at first level of jurisdiction was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO (see Tsvetkova and Others v.   Russia, nos. 54381/08 and 5 others, §§   179-91, 10 April 2018; Martynyuk v. Russia, no.   13764/15, §§ 38-42, 8   October 2019). 3,900     63821/17 18/08/2017 Dmitriy Olegovich SAVOSKIN 1998   Aleksandr Vasilyevich Popkov Sochi 26/03/2017 26/03/2017 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 (see   Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019),   Applicant taken to the police station as an administrative suspect for the purposes of compiling an offence record: no written record of the administrative escort (Art. 27.2 § 3 CAO) (see Timishev v.   Russia [Committee], no.   47598/08, §   21, 28 November 2017) ,   Detention (criminal) for more than three hours without any written record (see Fortalnov and Others v. Russia, nos.   7077/06 and 12 others, §§ 76-79, 26   June 2018). Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings (Karelin v. Russia, no. 926/08, 20 September 2016);   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - Arrest of the applicant at a manifestation on 26/03/2017. Final decision on the matter was taken by the Krasnodar Regional Court on 06/04/2017;     Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant by the court at first level of jurisdiction was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 179-91, 10 April 2018; Martynyuk   v. Russia, no. 13764/15, §§ 38-42., 8 October 2019). 3,900     63825/17 18/08/2017 Andrey Aleksandrovich SERIKOV 1984   Aleksandr Vasilyevich Popkov Sochi 26/03/2017 26/03/2017 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 (see   Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019),   Applicant taken to the police station as an administrative suspect for the purposes of compiling an offence record: no written record of the administrative escort (Art. 27.2 § 3 CAO) (see Timishev v.   Russia [Committee], no. 47598/08, §   21, 28 November 2017),   Detention (criminal) for more than three hours without any written record (see Fortalnov and Others v. Russia, nos.   7077/06 and 12 others, §§ 76-79, 26   June 2018). Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in administrative-offence proceedings (Karelin v. Russia, no. 926/08, 20 September 2016);   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - Arrest of the applicant at a manifestation on 26/03/2017. Final decision on the matter was taken by the Krasnodar Regional Court on 06/04/2017;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant by the court at first level of jurisdiction was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO (see Tsvetkova and Others v.   Russia, nos. 54381/08 and 5 others, §§ 179-91, 10 April 2018; Martynyuk   v. Russia, no. 13764/15, §§   38-42., 8 October 2019;     3,900     71090/17 18/09/2017 Aleksey Nikolayevich NIKITIN 1969   Aleksandr Vasilyevich Popkov Sochi 26/03/2017 26/03/2017 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 (see Korneyeva v. Russia, no.   72051/17, § 34, 8 October 2019; Ryabinina and Others v.   Russia [Committee], nos. 50271/06 and 8 other applications, §   35, 2 July 2019),   Applicant taken to the police station as an administrative suspect for the purposes of compiling an offence record: no written record of the administrative escort (Art. 27.2 § 3 CAO), (see Timishev v.   Russia [Committee], no. 47598/08, §   21, 28 November 2017);   Detention (criminal) for more than three hours without any written record (see   Fortalnov and Others v. Russia, nos.   7077/06 and 12 others, §§   76-79, 26   June 2018). Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings (Karelin v.   Russia, no. 926/08, 20 September 2016);   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - Arrest of the applicant at a manifestation on 26/03/2017. Final decision on the matter was taken by the Krasnodar Regional Court on 07/04/2017;     Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant by the court at first level of jurisdiction was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 179-91, 10 April 2018; Martynyuk v.   Russia, no. 13764/15, §§ 38-42., 8   October 2019.. 3,900     71094/17 18/09/2017 Vitaliy Mikhaylovich MOLODANOV 1973   Aleksandr Vasilyevich Popkov Sochi 26/03/2017 26/03/2017 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 (see   Korneyeva v. Russia, no. 72051/17, §   34, 8 October 2019; Ryabinina and Others v.   Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019),   Applicant taken to the police station as an administrative suspect for the purposes of compiling an offence record: no written record of the administrative escort (Art. 27.2 § 3 CAO) (see Timishev v. Russia [Committee], no.   47598/08, § 21, 28 November 2017), Detention (criminal) for more than three hours without any written record (see Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, §§ 76-79, 26 June 2018). Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in the administrative proceedings (Karelin v. Russia, no. 926/08, 20   September 2016);   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - Arrest of the applicant at a manifestation on 26/03/2017. Final decision on the matter was taken by the Krasnodar Regional Court on 06/04/2017;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant by the court at first level of jurisdiction was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO (see Tsvetkova and Others v.   Russia, nos. 54381/08 and 5 others, §§   179-91, 10 April 2018; Martynyuk v.   Russia, no. 13764/15, §§ 38-42., 8   October 2019. 3,900     78326/17 02/11/2017 Vladimir Ivanovich GIRICH 1950   Aleksandr Vasilyevich Popkov Sochi 26/03/2017 26/03/2017 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 (see   Korneyeva v. Russia, no. 72051/17, §   34, 8 October 2019; Ryabinina and Others v.   Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019),   Applicant taken to the police station as an administrative suspect for the purposes of compiling an offence record: no written record of the administrative escort (Art. 27.2 § 3 CAO) (see Timishev v.   Russia [Committee], no. 47598/08, §   21, 28 November 2017),   Detention (criminal) for more than three hours without any written record (see   Fortalnov and Others v. Russia, nos.   7077/06 and 12 others, §§ 76-79, 26   June 2018). Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in the administrative proceedings (Karelin v. Russia, no. 926/08, 20   September 2016);   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - Arrest of the applicant at a manifestation on 26/03/2017. Final decision on the matter was taken by the Krasnodar Regional Court on 31/05/2017;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant by the court at first level of jurisdiction was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO (see Tsvetkova and Others v.   Russia, nos. 54381/08 and 5 others, §§ 179-91, 10 April 2018; Martynyuk   v. Russia, no. 13764/15, §§   38-42., 8 October 2019) 3,900     3848/19 29/12/2018 Sergey Viktorovich SOKOL 1998   Popkov Aleksandr Vasilyevich Sochi 05/05/2018 05/05/2018 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 (see Korneyeva v. Russia, no. 72051/17, §   34, 8 October 2019; Ryabinina and Others v.   Russia [Committee], nos. 50271/06 and 8 other applications, §   35, 2 July 2019), Applicant taken to the police station as an administrative suspect for the purposes of compiling an offence record: no written record of the administrative escort (Art.   27.2 § 3 CAO) (see Timishev v.   Russia [Committee], no. 47598/08, §   21, 28 November 2017),   Detention (criminal) for more than three hours without any written record (see   Fortalnov and Others v. Russia, nos.   7077/06 and 12 others, §§ 76-79, 26   June 2018). Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - Arrest of the applicant at a manifestation on 05/05/2018. Final decision on the matter was taken by the Krasnodar Regional Court on 04/07/2017;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant by the court at first level of jurisdiction was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO (see Tsvetkova and Others v.   Russia, nos. 54381/08 and 5 others, §§   179-91, 10 April 2018; Martynyuk v.   Russia, no. 13764/15, §§ 38-42., 8   October 2019. 3,900     60157/19 13/11/2019 Viktor Sergeyevich GULBIN 1981   Aleksandr Yevgenyevich Pomazuyev Vilnius 03/08/2019 03/08/2019 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 (see   Korneyeva v. Russia, no. 72051/17, §   34, 8 October 2019; Ryabinina and Others v.   Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019).   Applicant taken to the police station as an administrative suspect for the purposes of compiling an offence record: no written record of the administrative escort (Art. 27.2 § 3 CAO) (see Timishev v.   Russia [Committee], no. 47598/08, §   21, 28 November 2017). Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in the administrative proceedings (Karelin v. Russia, no. 926/08, 20   September 2016);     Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - The applicant’s arrest at a manifestation on 03/08/2019. Final decision on the matter was taken by the Krasnodar Regional Court on 04/07/2017;   3,900     7236/20 23/01/2020 Aleksandr Georgiyevich YEFIMOV 1986   Memorial Human Rights Centre Moscow 12/06/2019 1.37 p.m. 12/06/2019 10.30 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 (see   Korneyeva v. Russia, no. 72051/17, §   34, 8 October 2019; Ryabinina and Others v.   Russia [Committee], nos. 50271/06 and 8 other applications, §   35, 2 July 2019),   Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others   v. Russia, nos.   54381/08 and 5 others, §§ 121-22, 10   April 2018). Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in administrative proceedings (Karelin v. Russia, no. 926/08, 20 September 2016);   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - Conviction under Article 20.2 § 6.1 of CAO for participation on 12/06/2019 in Moscow in manifestation in support of Ivan Golunov/ administrative fine of RUB 15,000/ Moscow City Court on 08/08/2019 (appeal decision). 3,900   7717/20 29/01/2020 Aleksey Mikhaylovich MARTYNENKO 1980   Memorial Human Rights Centre Moscow 12/06/2019 1.40 p.m. 12/06/2019 7.00 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 (see   Korneyeva v. Russia, no. 72051/17, §   34, 8 October 2019; Ryabinina and Others v.   Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019),   Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos.   54381/08 and 5 others, §§ 121-22, 10   April 2018). Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in the administrative proceedings (Karelin v. Russia, no. 926/08, 20   September 2016);   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies – Conviction under Article 20.2 § 6.1 of CAO for participation on 12/06/2019 in Moscow in manifestation in support of Ivan Golunov/ administrative fine of RUB 10,000/ Moscow City Court on 20/08/2019 (appeal decision).   3,900   7764/20 29/01/2020 Aleksandr Yevgenyevich SHVETS 1981   Memorial Human Rights Centre Moscow 12/06/2019 1.35 p.m. 12/06/2019 9.30 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 (see   Korneyeva v. Russia, no. 72051/17, §   34, 8 October 2019; Ryabinina and Others v.   Russia [Committee], nos. 50271/06 and 8 other applications, §   35, 2 July 2019),   Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018). Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in administrative proceedings (Karelin v. Russia, no. 926/08, 20 September 2016);     Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - Conviction under Article 20.2 § 6.1 of CAO for participation on 12/09/2019 in Moscow in manifestation in support of Ivan Golunov/ administrative fine of RUB 15,000/ Moscow City Court on 26/08/2019 (appeal decision).   3,900   7814/20 31/01/2020 Florid Rafaelevich MAKHMUTOV 1984   Memorial Human Rights Centre Moscow 12/06/2019 1.20 p.m. 12/06/2019 9.00 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 (see   Korneyeva v. Russia, no. 72051/17, §   34, 8 October 2019; Ryabinina and Others v.   Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019),   Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos.   54381/08 and 5 others, §§ 121-22, 10   April 2018). Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in the administrative proceedings (Karelin v. Russia, no. 926/08, 20 September 2016);   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - Conviction under Article 20.2 § 6.1 of CAO for participation on 12/06/2019 in Moscow in manifestation in support of Ivan Golunov/ administrative fine of RUB 10,000/ Moscow City Court on 08/08/2019 (appeal decision).   3,900   8040/20 23/01/2020 Amin Zeynovich MALIKOV 1984   Memorial Human Rights Centre Moscow 12/06/2019 1.30 p.m. 12/06/2019 8.40 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 (see   Korneyeva v. Russia, no. 72051/17, §   34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019),   Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018). Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in the administrative proceedings (Karelin v. Russia, no. 926/08, 20   Septeмber 2016);     Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - Conviction under Article 20.2 § 6.1 of CAO for participation on 12/06/2019 in Moscow in manifestation in support of Ivan Golunov/ administrative fine of RUB 10,000/ Moscow City Court on 26/07/2019 (appeal decision).   3,900   8447/20 31/01/2020 Varvara Igorevna GORELKINA 1997   Memorial Human Rights Centre Moscow 12/06/2019 2.40 p.m. 12/06/2019 9.30 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 (see   Korneyeva v. Russia, no. 72051/17, §   34, 8 October 2019; Ryabinina and Others v.   Russia [Committee], nos. 50271/06 and 8 other applications, §   35, 2 July 2019), Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos.   54381/08 and 5 others, §§   121-22, 10   April 2018). Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in the administrative proceedings (see Karelin v. Russia, no. 926/08, 20   September 2016);   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - Conviction under Article 20.2 § 6 of CAO for participation on 12/06/2019 in Moscow in manifestation in support of Ivan Golunov/ administrative fine of RUB 10,000/ Moscow City Court on 28/08/2019 (appeal decision).   3,900   10607/20 06/02/2020 Kirill Konstantinovich YARTSEV 1990   Memorial Human Rights Centre Moscow 12/06/2019 2.05 p.m. 12/06/2019 8.45 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 (see   Korneyeva v. Russia, no. 72051/17, §   34, 8 October 2019; Ryabinina and Others v.   Russia [Committee], nos. 50271/06 and 8 other applications, §   35, 2 July 2019),   Applicant taken to the police station as an administrative suspect for the purposes of compiling an offence record: no written record of the administrative escort (Art.   27.2 § 3 CAO) (see Timishev v.   Russia [Committee], no. 47598/08, § 21, 28 November 2017).   Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018). Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in the administrative proceedings (Karelin v. Russia, no. 926/08, 20 September 2016);   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - Conviction under Article 20.2 § 6 of CAO for participation on 12/06/2019 in Moscow in manifestation in support of Ivan Golunov/ administrative fine of RUB 15,000/ Moscow City Court on 06/08/2019 (appeal decision).   3,900   11081/20 07/02/2020 Andrey Arturovich ARUTYUNYAN 1993   Memorial Human Rights Centre Moscow 12/06/2019 3.00 p.m. 12/06/2019 8.00 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 (see   Korneyeva v. Russia, no. 72051/17, §   34, 8 October 2019; Ryabinina and Others v.   Russia [Committee], nos. 50271/06 and 8 other applications, §   35, 2 July 2019).   Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos.   54381/08 and 5 others, §§ 121-22, 10 April 2018). Art. 6 (1) - lack of impartiality of tribunal - absence of the prosecuting party in the administrative proceedings;       Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - Conviction under Article 20.2 § 6.1 of CAO for participation on 12/06/2019 in Moscow in manifestation in support of Ivan Golunov/ administrative fine of RUB 10,000/ Moscow City Court on 26/09/2019 (appeal decision).   3,900   11181/20 22/02/2020 Ilya Vyacheslavovich SHUMANOV 1981   Memorial Human Rights Centre Moscow 12/06/2019 1.30 p.m. 12/06/2019 8.00 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 (see   Korneyeva v. Russia, no. 72051/17, §   34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019),   Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018). Art. 6 (1) - lack of impartiality of tribunal - lack of the prosecuting party in the administrative proceedings (akin to Karelin v. Russia, no. 926/08, 20   September 2016);     Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - Conviction under Article 20.2 para. 6.1 of CAO for participation on 12/06/2019 in Moscow in manifestation in support of Ivan Golunov/ administrative fine of RUB 10,000/ Moscow City Court on 26/08/2019 (appeal decision).   3,900   12056/20 20/02/2020 Aleksandr Sergeyevich STOGNIYENKO 2000   Memorial Human Rights Centre Moscow 12/06/2019 2.50 p.m. 12/06/2019 9.30 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 (see   Korneyeva v. Russia, no. 72051/17, §   34, 8 October 2019; Ryabinina and Others v.   Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019),   Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see   Tsvetkova and Others v. Russia, nos.   54381/08 and 5 others, §§ 121-22, 10 April 2018). Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in the administrative proceedings (Karelin v. Russia, no. 926/08, 20   September 2016);     Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - Conviction under Article 20.2 § 6.1 of CAO for participation on 12/06/2019 in Moscow in manifestation in support of Ivan Golunov/ administrative fine of RUB 10,000/ Moscow City Court on 22/08/2019 (appeal decision). 3,900   14903/20 11/03/2020 Yevgeniy Mikhaylovich NIZHNIKOV 1999   Aleksandr Yevgenyevich Pomazuyev Vilnius 03/08/2019 04/08/2019 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 (see   Korneyeva v. Russia, no. 72051/17, §   34, 8 October 2019; Ryabinina and Others v.   Russia [Committee], nos. 50271/06 and 8 other applications, §   35, 2 July 2019),   Applicant taken to the police station as an administrative suspect for the purposes of compiling an offence record: no written record of the administrative escort (Art. 27.2 § 3 CAO) (see Timishev v.   Russia [Committee], no. 47598/08, §   21, 28 November 2017);   Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018). Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in the administrative proceedings (Karelin v. Russia, no. 926/08, 20 September 2016);   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - The applicant’s arrest at a manifestation on 03/08/2019. Final decision was taken by the Moscow City Court on 02/10/2019. 3,900   19311/20 23/03/2020 Solomon Maksimovich PANTELEYEV 2000   Aleksandr Yevgenyevich Pomazuyev Vilnius 03/08/2019 03/08/2019 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 (see   Korneyeva v. Russia, no. 72051/17, §   34, 8 October 2019; Ryabinina and Others v.   Russia [Committee], nos. 50271/06 and 8 other applications, §   35, 2 July 2019), Applicant taken to the police station as an administrative suspect for the purposes of compiling an offence record: no written record of the administrative escort (Art. 27.2 § 3 CAO) (see Timishev v. Russia [Committee], no.   47598/08, § 21, 28 November 2017),   Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and   5 others, §§ 121-22, 10 April 2018). Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in the administrative proceedings (Karelin v. Russia, no. 926/08, 20   September 2016);   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - The applicant’s arrest at a manifestation on 03/08/2019. Final decision was taken by the Moscow City Court on 18/10/2019. 3,900   20917/20 06/05/2020 Grigoriy Dmitriyevich MALYSHEV 1999   Nikolay Sergeyevich Zboroshenko Moscow 03/08/2019 03/08/2019 Applicant taken to the police station as an administrative suspect for the purposes of compiling an offence record: no written record of the administrative escort (Art. 27.2 § 3 CAO) (see Timishev v.   Russia [Committee], no.   47598/08, §   21, 28 November 2017).   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 (see   Korneyeva v. Russia, no. 72051/17, §   34, 8 October 2019; Ryabinina and Others v.   Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019).   Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018). Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in the administrative proceedings (Karelin v. Russia, no. 926/08, 20   September 2016);   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - The applicant’s arrest at a manifestation on 03/08/2019. Final decision was taken by the Moscow City Court on 26/11/2019. 3,900   26612/20 05/06/2020 Igor Igorevich PANOV 1994   Aleksandr Yevgenyevich Pomazuyev Vilnius 03/08/2019 03/08/2019 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 (see   Korneyeva v. Russia, no. 72051/17, §   34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, §   35, 2 July 2019),   Applicant taken to the police station as an administrative suspect for the purposes of compiling an offence record: no written record of the administrative escort (Art. 27.2 § 3 CAO) (see Timishev v.   Russia [Committee], no. 47598/08, § 21, 28 November 2017),   Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018). Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;     Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - The applicant’s arrest at a manifestation on 03/08/2019. Final decision was taken by the Moscow City Court on 08/10/2019. 3,900   26811/20 14/04/2020 Mikhail Viktorovich OLKOV 1985   Aleksandr Yevgenyevich Pomazuyev Vilnius 03/08/2019 03/08/2019 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 (see   Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019);   Applicant taken to the police station as an administrative suspect for the purposes of compiling an offence record: no written record of the administrative escort (Art. 27.2 § 3 CAO) (see Timishev v.   Russia [Committee], no. 47598/08, §   21, 28 November 2017);   Detention as an administrative suspect: beyond the 48-hour statutory period (Art. 27.5(3)-(4) and Art. 29.6(4) CAO) (see Tsvetkova and Others v. Russia, nos.   54381/08 and 5 others, §§ 121-22, 10   April 2018). Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in the administrative proceedings (Karelin v. Russia, no. 926/08, 20   September 2016);     Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - The applicant’s arrest at a manifestation on 03/08/2019. Final decision was taken by the Moscow City Court on 06/12/2019. 3,900     [1] Plus any tax that may be chargeable to the applicants.