CEDH · CASELAW;COMMUNICATEDCASES;ENG — 2 mars 2023

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s40F41F73 { margin-top:0pt; margin-bottom:0pt; text-align:right } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s34DFC730 { margin-top:0pt; margin-bottom:0pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s54AB6003 { margin-top:66pt; margin-bottom:14pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .sE7C30868 { margin-top:12pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s2D9C6089 { margin-top:12pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .sA36B60A1 { font-family:Arial; font-style:italic } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s4ACA9207 { page-break-before:always; clear:both; mso-break-type:section-break } .s6DB91820 { text-align:center } .s8BB62139 { margin-right:auto; margin-left:auto; border-collapse:collapse } .s3695F815 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top; background-color:#dfdfdf } .sDF237D91 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:8pt } .sEECE831 { font-family:Arial; font-weight:bold; color:#474747 } .sE8934522 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top } .s6B505E72 { margin:0pt; padding-left:0pt } .s4F2ADFDB { text-align:center; font-family:Arial; font-size:8pt; list-style-position:inside } .sBB6163A7 { width:2.48pt; font:7pt 'Times New Roman'; display:inline-block } .s920E2EB9 { height:172.85pt } .s4D98C120 { margin-top:0pt; margin-bottom:6pt; text-align:center; font-size:8pt } Published on 27 March 2023   SECOND SECTION Application no.   795/20 Artem Dmitriyevich TYURIN against Russia and 21 other applications (see list appended) PROCEDURAL INFORMATION Following a preliminary examination of the admissibility of the applications on 2 March 2023, the Court decided, under Rule 54 § 2 (b) of the Rules of Court, that notice of the applications should be given to the Government of Russia. In the applications marked by an asterisk, other complaints were raised. This part of the applications has been struck out of the Court’s list of cases or declared inadmissible by the Court, sitting in a single-judge formation, assisted by a rapporteur as provided for in Article 24 § 2 of the Convention. In the enclosed list of applications, whenever an applicant is referred to using initials, this indicates that the Court has authorised anonymity for that person, whose identity will not be disclosed to the public (Rule 47 § 4). For further information on the procedure following communication of an application brought against Russia, subject of well-established case law of the Court, please refer to the Court’s website . SUBJECT MATTER The applications concern the complaints raised under Article 10 § 1 of the Convention relating to the disproportionate measures against solo demonstrators which are the subject of well-established case law of the Court (see Novikova and Others v. Russia, nos. 25501/07 and 4 others, 26 April 2016 and Lashmankin and Others v. Russia, nos. 57818/09 and 14 others, 7   February 2017).   APPENDIX – STATEMENT OF FACTS List of applications raising complaints under Article 10 § 1 of the Convention (disproportionate measures against solo demonstrators) No. Application no. Date of introduction Applicant’s name Year of birth   Representative’s name and location Location Date Purpose of the demonstration Administrative charges Penalty Final domestic decision Date Name of the court Other relevant information Other complaints under well-established case-law     795/20* 18/12/2019 Artem Dmitriyevich TYURIN 2000 Valeriya Aleksandrovna Arshinova Moscow Picket in support of Ye. Zhukov 02/08/2019 Moscow   article 20.2 § 2 of CAO, administrative detention of 8 days 26/08/2019 Moscow City Court rotation - event classified as assembly post facto 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 on 22/08/2019 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).     10130/20 13/02/2020 Yulian Sergeyevich LASHKIN 1996 Memorial Human Rights Centre Moscow Pickets in support of the LGBT community after a murder of an LGBT activist 24/07/2019 Moscow article 20.2 § 5 of CAO, administrative fine of RUB 10,000 20/09/2019 Moscow City Court rotation - event classified as assembly post facto Art. 5 (1) - unlawful deprivation of liberty – arrest, escorting to the police station from 6.45 p.m. to 8.35 p.m. on 24/07/2019 for the sole purpose of drawing up a record of administrative offence: no evidence / assessment that it was impossible to draw up an offence record on the spot and to achieve the goals set out in the CAO;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - impossibility to examine the police officers on whose written reports the applicant’s conviction was based, as well as a defence witness F. (an eyewitness of the demonstration and the arrest).     55368/20* 21/11/2020 Yekaterina Vladimirovna KORCHINSKAYA 1999 Aleksandr Dmitriyevich Peredruk St Petersburg Picket in support of eco-activists, 16/06/2020, Vladivostok article 20.2 § 1 of CAO, administrative fine of RUB 10,000 08/09/2020 Primorye Regional Court ban on public events at certain locations - in the vicinity of a court building Art. 5 (1) - unlawful deprivation of liberty - arrest and detention between 2.20 p.m. and 7 p.m. (according to the applicant) on 16/06/2020 for the sole purpose of drawing up a record of administrative offence: no evidence / assessment that it was impossible to draw up an offence record on the spot and to achieve the goals set out in the CAO;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.     2962/21* 22/12/2020 Gleb Vladimirovich SOKOLOV 1997 Nikolay Vladimirovich Vasilyev Moscow Picket in support of arrested activists D.   Ivanov and Ye.   Yunusov, 09/06/2020, Moscow article 20.2 § 8 of CAO, administrative detention of 15 days 22/06/2020 Moscow City Court rotation - event classified as assembly post facto 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 on 17/06/2020 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO CAO (see Tsvetkova and Others v. Russia , nos. 54381/08 and 5 others, §§ 179-91, 10 April 2018).     7275/21* 13/01/2021 Aleksandr Igorevich BAGDYUNOV 1998 Nikolay Sergeyevich Zboroshenko Mytishchi Protest against unlawful checks of documents 14/03/2020 Moscow   article 20.2 § 5 of CAO, administrative fine of RUB 10,000 22/07/2020 Moscow City Court rotation - event classified as assembly post facto Art. 5 (1) - unlawful deprivation of liberty – At 3 p.m. on 14/03/2020 the applicant was arrested, taken to a police station as an administrative suspect: there is no evidence / assessment that it was impossible to draw up an offence record on the spot and to achieve the goals set out in the CAO;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - failure to question in court the police officers who had compiled the records on the basis of which the applicant was convicted;   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Art.10 issue (see, mutatis mutandis, Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-51, 17 April 2018) - arrest, conviction for participation in a series of solo demonstrations held on a rotation basis of 14/03/2020.     10718/21 08/02/2021 Kristina Igorevna DUBININA 1995 Leonid Alekseyevich Solovyev Moscow Art photo session with a box "[A] word? Why? Hate [that]", 14/07/2020, Moscow article 20.2 § 5 of CAO, administrative fine of RUB 10,000 20/10/2020 Moscow City Court ban on public events at certain locations - Manezhnaya Square, Moscow 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 – Arrest, escorting to a police station, detention as an administrative suspect from 10.30 a.m. to 1   p.m. on 14/07/2020 for the sole purpose of compiling an administrative offence record: no evidence/assessment that it was impossible to draw up the offence record on the spot and to achieve the goals set out in the CAO;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officers on whose written statements the conviction was based.     11129/21 01/02/2021 Leonid Dmitriyevich DRABKIN 1992   Memorial Human Rights Centre Moscow Demonstration in support of Ilya Azar 30/05/2020, Moscow article 20.2 § 5 of CAO, administrative fine of RUB   10,000 22/09/2020 Moscow City Court rotation - event classified as assembly post facto Art. 5 (1) - unlawful deprivation of liberty - arrest, detention between 3.05 p.m. and 5.40 p.m. on 30/05/2020 as administrative suspect: no evidence/assessment that it was impossible to draw up an offence record on the spot and to achieve the goals set out in the CAO; administrative offence record compiled on 10/06/2020;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officers on whose written statements the conviction was based, as well as witness Ms F (referred to in the domestic documents as the organiser of the “picket line”) on the applicant’s request;   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Art. 10 issue (see Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-51, 17 April 2018) - arrest, conviction for participation in a series of solo pickets on 30/05/2020 in a group of no less than 10 participants;   Art. 6 (1) - unfair criminal proceedings - inability to submit evidence - e.g., video-recordings - in defence of the applicant’s version of events on an equal footing with the prosecution ( Navalnyy v. Russia [GC], nos. 29580/12 and 4 others, §§ 83‑84, 15 November 2018).     12145/21 25/02/2021 Ilya Georgiyevich SHABLINSKIY 1962 Aleksandr Anatolyevich Maltsev Moscow Picket in support of V.   Vorontsov 30/05/2020 Moscow article 20.2 § 5 of CAO, administrative fine of RUB 15,000 24/09/2020 Moscow City Court rotation - event classified as assembly post facto 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 - alternatively to Art. 10 issue (see, mutatis mutandis , Tsukanov and Torchinskiy v. Russia [Committee], nos.   35000/13 and 35010/13, §§ 48-50, 17 April 2018) - arrest, conviction for participation in a series of solo pickets on 30/05/2020 in a group of no less than 10 participants.     20148/21 23/03/2021 Sergey Vladimirovich BONDARKOV 1989   Memorial Human Rights Centre Moscow Pickets in support of journalist S.   Prokopyeva, 03/07/2020, Moscow article 20.2 § 5 of CAO, administrative fine of RUB 10,000 24/09/2020 Moscow City Court rotation - event classified as assembly post facto Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based;   Art. 5 (1) - unlawful deprivation of liberty - arrest at 8.30 p.m. on 03/07/2020, escorting to the police station as an administrative suspect, apparently for compiling an administrative offence record, released at 2.30 a.m. on 04/07/2020: no evidence / assessment of “exceptional circumstances” under the CAO, and beyond the three-hour statutory period. Unjustified length of transfer in a police van (from 8.30 p.m. to 11 p.m. on 03/07/2020), overall period of detention exceeding 3h, administrative offence record complied only on 14/07/2020.   20673/21* 25/03/2021 Sergey Andreyevich DESNITSKIY 1999   Memorial Human Rights Centre Moscow Protest against use of force against lawyers in Kabardino-Balkaria and other regions, 31/05/2020, Moscow article 20.2 § 5 of CAO, administrative fine of RUB 10,000 14/10/2020 Moscow City Court rotation - event classified as assembly post facto Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting and detention at the police station for 1 h 30 min on 31/05/2020 - apparently, as an administrative suspect (the administrative offence record only compiled on 04/06/2020);   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   21974/21* 07/04/2021 Natalya Andreyevna BARANOVA 1999   Memorial Human Rights Centre Moscow Protest against politics of President Putin, 22/03/2020, Moscow article 20.2 § 5 of CAO, administrative fine of RUB 10,000 28/10/2020 Moscow City Court rotation - event classified as assembly post facto Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   23174/21* 28/04/2021 Dmitriy Olegovich SIDOROV 1991 Natalya Yuryevna Morozova Moscow Picket in support of journalist S. Prokopyeva, 03/07/2020, Moscow (the applicant intended to participate in a solo demonstration, arrived at the venue but was arrested before starting his demonstration) article 20.2 § 5 of CAO, administrative fine of RUB 10,000 28/10/2020 Moscow City Court   Art. 5 (1) - unlawful deprivation of liberty - arrest, detention as an administrative suspect between 8.30 p.m. on 03/07/2020 and 00.40 a.m. 04/04/2020: no evidence / assessment of “exceptional circumstances” under Art. 27.3 § 1 CAO, and beyond the three-hour statutory period - the applicant was detained in a police van for 2 hours 30 min, without any reason, before being brought to the police station; the administrative offence record was compiled on 13/07/2020;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   23442/21* 10/04/2021 Daniil Alekseyevich GALITSKIY 2001 Aleksandra Andreyevna Rossius Moscow Holding a poster with a smiley 21/12/2019, Red Square, Moscow (as a “social experiment”) article 20.2 § 8 of CAO, administrative fine of RUB 75,000 14/10/2020 Moscow City Court ban on public events at certain locations - Red Square, Moscow Art. 5 (1) - unlawful deprivation of liberty - arrest and detention between 7.30 p.m. and 10 p.m. on 21/12/2019 for the sole purpose of drawing up a record of administrative offence: no evidence/assessment that it was impossible to draw up an offence record on the spot and to achieve the goals set out in the CAO;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   23460/21* 13/04/2021 Nikita Aleksandrovich ALEKSEYEV 2000 Nikolay Vladimirovich Vasilyev Moscow Picket in support of arrested protest activists D. Ivanov and Ye. Yunusov, 09/06/2020, Moscow article 20.2 § 5 of CAO, administrative fine of RUB 10,000 14/10/2020 Moscow City Court rotation - event classified as assembly post facto Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   24181/21* 16/04/2021 Mariya Sergeyevna CHERNYKH 1987 Memorial Human Rights Centre Moscow Picket in support of journalist I.   Safronov, 07/07/2020 Moscow article 20.2 § 5 of CAO, administrative fine of RUB, 10,000 22/10/2020 Moscow City Court rotation - event classified as assembly post facto Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court the police officers on whose written reports and explanations the applicant’s conviction was based.   25932/21* 27/04/2021 Konstantin Yuryevich FOMIN 1986 Memorial Human Rights Centre Moscow Picket in support of journalist S.   Prokopyeva, 03/07/2020, Moscow article 20.2 § 5 of CAO, administrative fine of RUB 10,000 06/11/2020 Moscow City Court rotation - event classified as assembly post facto Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   27440/21* 22/04/2021 Kseniya Igorevna BABICH 1986 Anton Dmitriyevich Voronov Moscow Protest against the arrest of journalist I.   Azar, 02/06/2020, Moscow article 20.2 § 5 of CAO, administrative fine of RUB 10,000 22/10/2020 Moscow City Court rotation - event classified as assembly post facto Art. 5 (1) - unlawful deprivation of liberty - arrest at 7.40 p.m. on 02/06/2020, taking to a police station as an administrative suspect: no evidence/assessment that it was impossible to draw up an offence record on the spot and to achieve the goals set out in the CAO; administrative offence record compiled on 10/07/2020;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 issue (see, mutatis mutandis, Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-50, 17 April 2018) - arrest, conviction for participation in a series of solo demonstrations held on 02/06/2020 by a group of no less than 12 participants.   42995/21 10/08/2021 Raisa Vladimirovna MOROZOVA 1954 Andrey Gennadyevich Lepekhin Chelyabinsk Solo demonstration in support of A. Navalnyy, 24/12/2020, Chelyabinsk article 20.1 § 1 of CAO, administrative fine of RUB 500 10/02/2021 Chelyabinsk Regional Court   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.     59454/21* 18/11/2021 Aleksey Pavlovich ANDREYEV 1997 Fedor Yevgenyevich Sirosh Moscow Series of solo demonstrations in support of journalist I.   Safronov, 07/07/2020, Moscow article 20.2 § 5 of CAO, administrative fine of RUB 10,000 19/05/2021 Moscow City Court rotation - event classified as assembly post facto Art. 5 (1) - unlawful deprivation of liberty - arrest, transfer to a police station on 07/07/2020 as an administrative suspect: no evidence/assessment that it was impossible to draw up an offence record on the spot and to achieve the goals set out in the CAO; the administrative offence record compiled on 28/07/2020 only;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   52477/22 31/10/2022 Andrey Vasilyevich VLASYUK 1974     Protest against the war in Ukraine, 01/03/2022, Moscow article 20.2 § 5 of CAO, administrative fine of RUB 10,000 01/07/2022 Moscow City Court ban on public events at certain locations - Manezhnaya Square, Moscow Art. 5 (1) - unlawful deprivation of liberty - arrest, taking to a police station between 7 p.m. and 9 p.m. on 01/03/2022 as an administrative suspect: no evidence/assessment that it was impossible to draw up an offence record on the spot and to achieve the goals set out in the CAO;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court the police officers on whose written reports and explanations the applicant’s conviction was based.   57638/22* 19/11/2022 Maria Nikolayevna PETROVSKAYA 1985 Kristina Olegovna Tyurina Nizhniy Novgorod Protest against the war in Ukraine, 19/03/2022, Nizhny Novgorod article 20.2 § 5 of CAO, administrative fine of RUB 10,000 20/07/2022 Nizhniy Novgorod Regional Court   Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station on 19/03/2022 for the sole purpose of drawing a record of administrative offence: no evidence/assessment that it was impossible to draw up an offence record on the spot and to achieve the goals set out in the CAO;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   272/23* 28/11/2022 Timofey Sergeyevich KOVALENOK 2003 Andrey Vasilyevich Sabinin Stavropol Protest against the war in Ukraine, 09/05/2022, Smolensk article 20.3.3.   §   1 of CAO, administrative fine of RUB 30,000 10/08/2022 Smolensk Regional Court conviction of discreditation of the Russian army / solo demonstration, holding a placard "If only there was no war?" Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.