KUDRYASHOVA A OSTATNÍ proti Rusku

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23.3.2023

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2606/12

Rozsudek

FIRST SECTION

CASE OF KUDRYASHOVA AND OTHERS v. RUSSIA

(Applications nos. 2606/12 and 29 others –

see appended list)

JUDGMENT

STRASBOURG

23 March 2023

This judgment is final but it may be subject to editorial revision.

In the case of Kudryashova and Others v. Russia,

The European Court of Human Rights (First Section), sitting as a Committee composed of:

Lətif Hüseynov, President,
Ivana Jelić,
Erik Wennerström, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 2 March 2023,

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 and 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.

ALLEGED VIOLATION OF ARTICLE 11 OF THE CONVENTION

6. The applicants complained principally of disproportionate measures taken against them as organisers and participants of public assemblies, namely the dispersal of these assemblies, as well as their arrest followed by their conviction for administrative offence. They relied, expressly or in substance, on Article 11 of the Convention, which reads as follows:

Article 11

“1. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.

2. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This Article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State.”

7. 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).

8. 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.

9. 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”.

10. These complaints are therefore admissible and disclose a breach of Article 11 of the Convention.

OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW

11. 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.

12. Having examined all the material before it, the Court concludes that they also disclose violations of the Convention and its Protocols in the light of its findings in Butkevich v. Russia, no. 5865/07, §§ 61-65, 13 February 2018, and Korneyeva v. Russia, no. 72051/17, §§ 34-36, 8 October 2019, as to administrative escorting to and detention in a police station beyond three hours without any justification; Karelin v. Russia, no. 926/08, §§ 58-85, 20 September 2016, related to the absence of a prosecuting party in criminal proceedings governed by the Code of Administrative Offences (“the CAO”); Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 179-91, 10 April 2018, and Martynyuk v. Russia, no. 13764/15, §§ 38-42, 8 October 2019, regarding the lack of suspensive effect of an appeal against the sentence of administrative detention.

REMAINING COMPLAINTS

13. Some applicants also raised other complaints under various Articles of the Convention.

14. The Court firstly notes that, in view of its findings in paragraphs 10 and 12 above, it considers that there is no need to deal separately with the remaining complaints raised by some applicants under Article 6 of the Convention concerning other aspects of the fairness of the administrative‑offence proceedings.

15. The Court has further examined the rest of the complaints raised by the applicants and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.

16. It follows that this part of the applications must be rejected in accordance with Article 35 § 4 of the Convention.

APPLICATION OF ARTICLE 41 OF THE CONVENTION

17. 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.”

18. Regard being had to the documents in its possession and to its case‑law (see, in particular, Navalnyy and Others v. Russia [Committee], no. 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;
Declares the complaints under Article 11 of the Convention and the other complaints under well-established case-law of the Court, as set out in the appended table, admissible, finds that there is no need to examine separately the remaining complaints under Article 6 of the Convention and declares the remainder of the applications inadmissible;
Holds that these complaints disclose a breach of Article 11 of the Convention;
Holds that there has been a violation of the Convention and the Protocols thereto as regards the other complaints raised under the well-established case-law of the Court (see appended table);
Holds

(a) that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;

(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

Done in English, and notified in writing on 23 March 2023, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Viktoriya Maradudina Lətif Hüseynov

Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 11 of the Convention

(restrictions on the location, time or manner of conduct of public events)

Application no. Date of introduction	Applicant’s name Year of birth	Representative’s name and location	Name of the public event Location Date	Administrative charges	Penalty	Final domestic decision	Other complaints under well-established case-law	Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant (in euros)[1]
2606/12 21/12/2011	Nadezhda Nikolayevna KUDRYASHOVA 1957		Picket in defence of children’s rights Barnaul 16/03/2011	Article 20.2 § 1 of CAO	administrative fine of RUB 1,000	Zheleznodorozhniy District Court of Barnaul 23/06/2011		3,500
58416/12 16/08/2012	Nikolay Nikolayevich DIDYUK 1956 Mikhail Mikhaylovich STETSENKO 1990	Mezak Ernest Aleksandrovich Saint-Barthélemy d’Anjou	Picket near the regional prosecutor’s office 18/10/2011 (Mr Didyuk) 20/10/2011 (Mr Stetsenko)	Article 20.2 § 2 of CAO Article 20.2 § 2 of CAO	administrative fine of RUB 500 administrative fine of RUB 500	Syktyvkar Town Court 16/02/2012 Syktyvkar Town Court 20/02/2012		3,500
60753/12 03/09/2012	Oleg Vasilyevich SHEIN 1972		March in defence of human rights Astrakhan 12/06/2012	Article 20.2 § 2 of CAO	administrative fine of RUB 20,000	Kirovskiy District Court of Astrakhan 18/07/2012		3,500
35006/13 20/05/2013	Kseniya Vladimirovna ZHIKHAREVA 1983	Terekhov Konstantin Ilyich Moscow	Picket in support of Belorussian photographers Moscow 05/12/2012	Article 20.2 § 5 of CAO	administrative fine of RUB 10,000	Basmannyy District Court of Moscow 11/03/2013		3,500
35026/13 20/05/2013	Fedor Andreyevich YEZEYEV 1977	Terekhov Konstantin Ilyich Moscow	Opposition manifestation Moscow 15/12/2012	Article 20.2 § 5 of CAO	administrative fine of RUB 10,000	Moscow Regional Court 14/03/2013		3,500
35037/13 26/04/2013	Aleksandr Viktorovich SAMSONOV 1988	Terekhov Konstantin Ilyich Moscow	Picket in support of prisoners’ rights Samara 30/10/2012	Article 20.2 § 5 of CAO	administrative fine of RUB 10,000	Promyshlennyy District Court of Samara 15/01/2013	Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings under Article 20.2§ 5 of CAO	3,500
68982/14 10/10/2014	Sergey Vladimirovich SOROKIN 1958	Mezak Ernest Aleksandrovich Saint-Barthélemy d’Anjou	Manifestation against the annexation of Crimea Syktyvkar 16/03/2014	Article 20.2 § 5 of CAO	administrative fine of RUB 10,000	Supreme Court of the Komi Republic 04/06/2014	Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings under Article 20.2 § 5 of CAO	3,500
23054/17 16/03/2017	Tatyana Aleksandrovna MIKHAYLOVA 1954	Zboroshenko Nikolay Sergeyevich Mytishchi	Spontaneous assembly against violation of environmental legislation Moscow 14/06/2016	Article 19.3 § 1 of CAO	administrative fine of RUB 1,000	Moscow City Court 14/11/2016	Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings under Article 19.3 § 1 of CAO; Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention of the applicant at the police station on 14/06/2016 between 1.30 p.m. and 5 p.m.	4,000
39263/17 26/05/2017	Aleksey Viktorovich TABALOV 1976	Sholokhov Igor Nikolayevich Kazan	Demonstration against corruption Chelyabinsk 26/03/2017	Article 20.2 § 3 of CAO	administrative detention of 10 days	Chelyabinsk Regional Court 11/04/2017	Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings under Article 20.2 § 3 of CAO; Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal – the sentence of administrative detention imposed on the applicant by the court of first instance was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.	5,000
40037/17 25/05/2017	Sergey Trofimovich MARYIN 1955	Navalnyy Aleksey Anatolyevich Melekhovo	Demonstration against corruption Saransk 26/03/2017	Article 20.2 § 2 of CAO	administrative fine of RUB 20,000	Supreme Court of the Mordovia Republic 02/05/2017	Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis – escorting to the police station on 26/03/2017 for the purpose of drawing up the administrative offence record; detention from 4.05 p.m. on 26/03/2017 to 8.30 a.m. on 27/03/2017 with no justification; Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings under Article 20.2 § 2 of CAO.	5,000
54016/17 17/07/2017	Ilyas Rashadovich ABBASOV 1994	Terekhov Konstantin Ilyich Moscow	Demonstration against corruption Volgograd 26/03/2017	Article 20.2 § 5 of CAO	administrative fine of RUB 10,000	Volgograd Regional Court 25/04/2017	Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis – arrest and escorting to the police station on 26/03/2017 for the purpose of drawing up the administrative offence record; detention from 4 p.m. to 8.30 p.m. with no justification; Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings under Article 20.2 § 5 of CAO.	4,000
63765/17 18/08/2017	Muradin Murdinovich ZHANE 1993	Popkov Aleksandr Vasilyevich Sochi	Demonstration against corruption Krasnodar 26/03/2017	Article 19.3 § 1 of CAO	administrative detention of 10 days	Krasnodar Regional Court 06/04/2017	Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and escorting to the police station on 26/03/2017 at 3.10 p.m. for the purpose of drawing up the administrative offence record; Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings under Article 19.3 § 1 of CAO; Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant by the first-instance court was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.	5,000
63817/17 18/08/2017	Dmitriy Vasilyevich KRUCHENYUK 1998	Popkov Aleksandr Vasilyevich Sochi	Demonstration against corruption Krasnodar 26/03/2017	Article 19.3 § 1 of CAO	administrative detention of 10 days	Krasnodar Regional Court 07/04/2017	Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and escorting to the police station on 26/03/2017 for the purpose of drawing up the administrative offence record; detention from 4.40 p.m. to 8.40 p.m. with no justification; Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings under Article 19.3 § 1 of CAO; Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal – the sentence of administrative detention imposed on the applicant by the first-instance court was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.	5,000
70000/17 07/09/2017 and 62596/19 19/11/2019	Timofey Borisovich FILATOV 1989	Terekhov Konstantin Ilyich Moscow Bushmakov Aleksey Vladimirovich Yekaterinburg	Demonstration against corruption Magnitogorsk 26/03/2017 Manifestation against construction of the cathedral Yekaterinburg 16/05/2019	Article 20.2 § 1 of CAO Article 20.2 § 8 of CAO	community service of 24 hours administrative detention of 15 days	Chelyabinsk Regional Court 28/06/2017 Sverdlovsk Regional Court 21/05/2019	Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and escorting to the police station on 26/03/2017 for the sole purpose of drawing up the administrative offence record; Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings: under Article 20.2 § 1 of CAO and Article 20.2 § 8 of CAO; Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal – the sentence of administrative detention imposed on the applicant by the first-instance court on 16/05/2019 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.	5,000
70385/17 07/09/2017	Artur Aleksandrovich DAVYDENKO 1992	Navalnyy Aleksey Anatolyevich Melekhovo	Demonstration against corruption Volgograd 26/03/2017	Article 20.2 § 5 of CAO	administrative fine of RUB 10,000	Volgograd Regional Court 28/04/2017	Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis – arrest and escorting to the police station on 26/03/2017 for the purpose of drawing up the administrative offence record; detention from 4.40 p.m. to 8.40 p.m. with no justification; Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings under Article 20.2 § 5 of CAO.	4,000
70392/17 07/09/2017	Nikita Vladimirovich STASYUK 1998	Terekhov Konstantin Ilyich Moscow	Demonstration against corruption Vladivostok 26/03/2017	Article 20.2 § 5 of CAO	administrative fine of RUB 10,000	Primorye Regional Court 04/07/2017	Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis – escorting to the police station on 26/03/2017 for the sole purpose of drawing up the administrative offence record; Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings under Article 20.2 § 5 of CAO.	4,000
70456/17 07/09/2017	Mariya Aleksandrovna ZARUDNYAYA 1996	Terekhov Konstantin Ilyich Moscow	Demonstration against corruption Volgograd 26/03/2017	Article 20.2 § 5 of CAO	administrative fine of RUB 10,000	Volgograd Regional Court 11/05/2017	Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis – escorting to the police station on 26/03/2017 for the sole purpose of drawing up the administrative offence record; detention at the police station from 4 p.m. to 8.30 p.m. with no justification; Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings under Article 20.2 § 5 of CAO.	4,000
70523/17 07/09/2017	Lyubov Aleksandrovna ZARUDNYAYA 1998	Terekhov Konstantin Ilyich Moscow	Demonstration against corruption Volgograd 26/03/2017	Article 20.2 § 5 of CAO	administrative fine of RUB 10,000	Volgograd Regional Court 10/05/2017	Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis – escorting to the police station on 26/03/2017 for the sole purpose of drawing up the administrative offence record; detention at the police station from 4 p.m. to 7.44 p.m. with no justification; Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings under Article 20.2 § 5 of CAO.	4,000
71070/17 18/09/2017	Ravil Shamilevich SHIGAYEV 1997	Popkov Aleksandr Vasilyevich Sochi	Demonstration against corruption Krasnodar 26/03/2017	Article 19.3 § 1 of CAO	administrative detention of 10 days	Krasnodar Regional Court 06/04/2017	Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis – escorting to the police station on 26/03/2017 for the sole purpose of drawing up the administrative offence record; detention at the police station from 2.30 p.m. to 6.30 p.m. with no justification; Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings under Article 19.3 § 1 of CAO; Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant by the first-instance court was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.	5,000
71120/17 18/09/2017	Andrey Vladimirovich CHUPYSHEV 1991	Popkov Aleksandr Vasilyevich Sochi	Demonstration against corruption Krasnodar 26/03/2017	Article 19.3 § 1 of CAO	administrative detention of 15 days	Krasnodar Regional Court 06/04/2017	Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis – escorting to the police station at 6 p.m. on 26/03/2017 for the sole purpose of drawing up the administrative offence record; Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings under Article 19.3 § 1 of CAO.	5,000
73801/17 07/09/2017	Maksim Aleksandrovich NAZARENKO 1985	Terekhov Konstantin Ilyich Moscow	Demonstration against corruption Volgograd 26/03/2017	Article 20.2 § 5 of CAO	administrative fine of RUB 10,000	Volgograd Regional Court 26/04/2017	Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis – escorting to the police station at 4 p.m. on 26/03/2017 for the sole purpose of drawing up the administrative offence record, detention in the police station from was detained from 4 p.m. to 7.15 p.m. without any justification; Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings under Article 20.2 § 5 of CAO.	4,000
75249/17 19/10/2017	Mikhail Olegovich IZOTKIN 1996	Terekhov Konstantin Ilyich Moscow	Demonstration against corruption Volgograd 26/03/2017	Article 20.2 § 5 of CAO	administrative fine of RUB 10,000	Volgograd Regional Court 25/04/2017	Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings under Article 20.2 § 5 of CAO.	3,500
75327/17 19/10/2017	Dmitriy Vladimirovich RUDNEV 1995	Terekhov Konstantin Ilyich Moscow	Demonstration against corruption Volgograd 26/03/2017	Article 20.2 § 5 of CAO	administrative fine of RUB 10,000	Volgograd Regional Court 25/04/2017	Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings under Article 20.2 § 5 of CAO.	3,500
75523/17 19/10/2017	Kirill Yuryevich MELESHKO 1994	Terekhov Konstantin Ilyich Moscow	Demonstration against corruption Volgograd 26/03/2017	Article 20.2 § 5 of CAO	administrative fine of RUB 10,000	Volgograd Regional Court 26/04/2017	Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings under Article 20.2 § 5 of CAO.	3,500
78273/17 03/11/2017	Igor Alekseyevich IVANOV 1992	Terekhov Konstantin Ilyich Moscow	Demonstration against corruption Volgograd 26/03/2017	Article 20.2 § 5 of CAO	administrative fine of RUB 10,000	Volgograd Regional Court 02/05/2017 (decision received on 15/05/2017)	Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings under Article 20.2 § 5 of CAO.	3,500
79125/17 01/11/2017	Maksim Anatolyevich FEDOROV 1968	Glukhov Aleksey Vladimirovich Novocheboksarsk	Social march Samara 23/04/2017	Article 20.2 § 3 of CAO	administrative fine of RUB 30,000	Samara Regional Court 22/06/2017	Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings under Article 20.2 § 3 of CAO.	3,500
83359/17 04/12/2017	Georgiy Aleksandrovich SPIRIN 1990	Terekhov Konstantin Ilyich Moscow	Demonstration against corruption Gatchina 26/03/2017	Article 20.2 § 5 of CAO	administrative fine of RUB 5,000	Leningrad Regional Court 05/06/2017	Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings under Article 20.2 § 5 of CAO.	3,500
83408/17 07/12/2017	Dmitriy Yuryevich YURCHENKO 2000	Terekhov Konstantin Ilyich Moscow	Demonstration against corruption Volgograd 26/03/2017	Article 20.2 § 5 of CAO	administrative fine of RUB 10,000	Tsentralniy District Court of Volgograd 07/06/2017 (appeal court because the applicant was a minor)		3,500
3954/18 27/12/2017	Yevgeniy Aleksandrovich PROKOPENKO 1988	Peredruk Aleksandr Dmitriyevich St Petersburg	Demonstration against corruption St Petersburg 26/03/2017	Article 20.2 § 5 of CAO	administrative fine of RUB 10,000	St Petersburg City Court 30/06/2017	Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis – escorting to the police station on 26/03/2017 for the sole purpose of drawing up the administrative offence record; detention at the police station from 6.10 p.m. to 10.45 p.m. with no justification; Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings under Article 20.2 § 5 of CAO.	4,000

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 charges

Penalty

Final domestic decision

Other complaints under

well-established

case-law

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant

(in euros)[1]

2606/12

21/12/2011

Nadezhda Nikolayevna KUDRYASHOVA

1957

Picket in defence of children’s rights

Barnaul

16/03/2011

Article 20.2 § 1 of CAO

administrative fine of RUB 1,000

Zheleznodorozhniy District Court of Barnaul

23/06/2011

3,500

58416/12

16/08/2012

Nikolay Nikolayevich DIDYUK

1956

Mikhail Mikhaylovich STETSENKO

1990

Mezak Ernest Aleksandrovich

Saint-Barthélemy d’Anjou

Picket near the regional prosecutor’s office

18/10/2011

(Mr Didyuk)

20/10/2011 (Mr Stetsenko)

Article 20.2 § 2 of CAO

administrative fine of RUB 500

Syktyvkar Town Court

16/02/2012

Syktyvkar Town Court

20/02/2012

3,500

60753/12

03/09/2012

Oleg Vasilyevich SHEIN

1972

March in defence of human rights

Astrakhan

12/06/2012

Article 20.2 § 2 of CAO

administrative fine of RUB 20,000

Kirovskiy District Court of Astrakhan 18/07/2012

3,500

35006/13

20/05/2013

Kseniya Vladimirovna ZHIKHAREVA

1983

Terekhov Konstantin Ilyich

Moscow

Picket in support of Belorussian photographers

Moscow

05/12/2012

Article 20.2 § 5 of CAO

administrative fine of RUB 10,000

Basmannyy District Court of Moscow 11/03/2013

3,500

35026/13

20/05/2013

Fedor Andreyevich YEZEYEV

1977

Terekhov Konstantin Ilyich

Moscow

Opposition manifestation

Moscow

15/12/2012

Article 20.2 § 5 of CAO

administrative fine of RUB 10,000

Moscow Regional Court

14/03/2013

3,500

35037/13

26/04/2013

Aleksandr Viktorovich SAMSONOV

1988

Terekhov Konstantin Ilyich

Moscow

Picket in support of prisoners’ rights

Samara

30/10/2012

Article 20.2 § 5 of CAO

administrative fine of RUB 10,000

Promyshlennyy District Court of Samara

15/01/2013

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings under Article 20.2§ 5 of CAO

3,500

68982/14

10/10/2014

Sergey Vladimirovich SOROKIN

1958

Mezak Ernest Aleksandrovich

Saint-Barthélemy d’Anjou

Manifestation against the annexation of Crimea

Syktyvkar

16/03/2014

Article 20.2 § 5 of CAO

administrative fine of RUB 10,000

Supreme Court of the Komi Republic 04/06/2014

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings under Article 20.2 § 5 of CAO

3,500

23054/17

16/03/2017

Tatyana Aleksandrovna MIKHAYLOVA

1954

Zboroshenko Nikolay Sergeyevich

Mytishchi

Spontaneous assembly against violation of environmental legislation

Moscow

14/06/2016

Article 19.3 § 1 of CAO

administrative fine of RUB 1,000

Moscow City Court 14/11/2016

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings under Article 19.3 § 1 of CAO;

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal

basis - arrest and detention of the applicant at the police station on 14/06/2016 between 1.30 p.m. and

5 p.m.

4,000

39263/17

26/05/2017

Aleksey Viktorovich TABALOV

1976

Sholokhov Igor Nikolayevich

Kazan

Demonstration against corruption

Chelyabinsk

26/03/2017

Article 20.2 § 3 of CAO

administrative detention of 10 days

Chelyabinsk Regional Court 11/04/2017

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings under Article 20.2 § 3 of CAO;

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal –

the sentence of administrative detention imposed on the applicant by the court of first instance was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.

5,000

40037/17

25/05/2017

Sergey Trofimovich MARYIN

1955

Navalnyy Aleksey Anatolyevich

Melekhovo

Demonstration against corruption

Saransk

26/03/2017

Article 20.2 § 2 of CAO

administrative fine of RUB 20,000

Supreme Court of the Mordovia Republic 02/05/2017

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal

basis – escorting to the police station on 26/03/2017 for the purpose of drawing up the administrative offence record; detention from 4.05 p.m. on 26/03/2017 to 8.30 a.m. on 27/03/2017 with no justification;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings under Article 20.2 § 2 of CAO.

5,000

54016/17

17/07/2017

Ilyas Rashadovich ABBASOV

1994

Terekhov Konstantin Ilyich

Moscow

Demonstration against corruption

Volgograd

26/03/2017

Article 20.2 § 5 of CAO

administrative fine of RUB 10,000

Volgograd Regional Court

25/04/2017

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal

basis – arrest and escorting to the police station on 26/03/2017 for the purpose of drawing up the administrative offence record; detention from 4 p.m. to 8.30 p.m. with no justification;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings under Article 20.2 § 5 of CAO.

4,000

63765/17

18/08/2017

Muradin Murdinovich ZHANE

1993

Popkov Aleksandr Vasilyevich

Sochi

Demonstration against corruption

Krasnodar

26/03/2017

Article 19.3 § 1 of CAO

administrative detention of 10 days

Krasnodar Regional Court

06/04/2017

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and escorting to the police station on 26/03/2017 at 3.10 p.m. for the purpose of drawing up the administrative offence record;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings under Article 19.3 § 1 of CAO;

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant by the first-instance court was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.

5,000

63817/17

18/08/2017

Dmitriy Vasilyevich KRUCHENYUK

1998

Popkov Aleksandr Vasilyevich

Sochi

Demonstration against corruption

Krasnodar

26/03/2017

Article 19.3 § 1 of CAO

administrative detention of 10 days

Krasnodar Regional Court

07/04/2017

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal

basis - arrest and escorting to the police station on 26/03/2017 for the purpose of drawing up the administrative offence record; detention from 4.40 p.m. to

8.40 p.m. with no justification;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings under Article 19.3 § 1 of CAO;

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal –

the sentence of administrative detention imposed on the applicant by the first-instance court was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.

5,000

70000/17

07/09/2017

and

62596/19

19/11/2019

Timofey Borisovich FILATOV

1989

Terekhov Konstantin Ilyich

Moscow

Bushmakov Aleksey Vladimirovich

Yekaterinburg

Demonstration against corruption

Magnitogorsk

26/03/2017

Manifestation against construction of the cathedral

Yekaterinburg

16/05/2019

Article 20.2 § 1 of CAO

Article 20.2 § 8 of CAO

community service of

24 hours

administrative detention of 15 days

Chelyabinsk Regional Court 28/06/2017

Sverdlovsk Regional Court

21/05/2019

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and escorting to the police station on 26/03/2017 for the sole purpose of drawing up the administrative offence record;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings: under Article 20.2 § 1 of CAO and Article 20.2 § 8 of CAO;

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal –

the sentence of administrative detention imposed on the applicant by the first-instance court on 16/05/2019 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.

5,000

70385/17

07/09/2017

Artur Aleksandrovich DAVYDENKO

1992

Navalnyy Aleksey Anatolyevich

Melekhovo

Demonstration against corruption

Volgograd

26/03/2017

Article 20.2 § 5 of CAO

administrative fine of RUB 10,000

Volgograd Regional Court 28/04/2017

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal

basis – arrest and escorting to the police station on 26/03/2017 for the purpose of drawing up the administrative offence record; detention from 4.40 p.m. to 8.40 p.m. with no justification;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings under Article 20.2 § 5 of CAO.

4,000

70392/17

07/09/2017

Nikita Vladimirovich STASYUK

1998

Terekhov Konstantin Ilyich

Moscow

Demonstration against corruption

Vladivostok

26/03/2017

Article 20.2 § 5 of CAO

administrative fine of RUB 10,000

Primorye Regional Court

04/07/2017

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal

basis – escorting to the police station on 26/03/2017 for the sole purpose of drawing up the administrative offence record;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings under Article 20.2 § 5 of CAO.

4,000

70456/17

07/09/2017

Mariya Aleksandrovna ZARUDNYAYA

1996

Terekhov Konstantin Ilyich

Moscow

Demonstration against corruption

Volgograd

26/03/2017

Article 20.2 § 5 of CAO

administrative fine of RUB 10,000

Volgograd Regional Court 11/05/2017

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal

basis – escorting to the police station on 26/03/2017 for the sole purpose of drawing up the administrative offence record; detention at the police station from 4 p.m. to 8.30 p.m. with no justification;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings under Article 20.2 § 5 of CAO.

4,000

70523/17

07/09/2017

Lyubov Aleksandrovna ZARUDNYAYA

1998

Terekhov Konstantin Ilyich

Moscow

Demonstration against corruption

Volgograd

26/03/2017

Article 20.2 § 5 of CAO

administrative fine of RUB 10,000

Volgograd Regional Court 10/05/2017

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal

basis – escorting to the police station on 26/03/2017 for the sole purpose of drawing up the administrative offence record; detention at the police station from 4 p.m. to 7.44 p.m. with no justification;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings under Article 20.2 § 5 of CAO.

4,000

71070/17

18/09/2017

Ravil Shamilevich SHIGAYEV

1997

Popkov Aleksandr Vasilyevich

Sochi

Demonstration against corruption

Krasnodar

26/03/2017

Article 19.3 § 1 of CAO

administrative detention of 10 days

Krasnodar Regional Court

06/04/2017

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal

basis – escorting to the police station on 26/03/2017 for the sole purpose of drawing up the administrative offence record; detention at the police station from 2.30 p.m. to 6.30 p.m. with no justification;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings under Article 19.3 § 1 of CAO;

5,000

71120/17

18/09/2017

Andrey Vladimirovich CHUPYSHEV

1991

Popkov Aleksandr Vasilyevich

Sochi

Demonstration against corruption

Krasnodar

26/03/2017

Article 19.3 § 1 of CAO

administrative detention of 15 days

Krasnodar Regional Court

06/04/2017

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal

basis – escorting to the police station at 6 p.m. on 26/03/2017 for the sole purpose of drawing up the administrative offence record;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings under Article 19.3 § 1 of CAO.

5,000

73801/17

07/09/2017

Maksim Aleksandrovich NAZARENKO

1985

Terekhov Konstantin Ilyich

Moscow

Demonstration against corruption

Volgograd

26/03/2017

Article 20.2 § 5 of CAO

administrative fine of RUB 10,000

Volgograd Regional Court

26/04/2017

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal

basis – escorting to the police station at 4 p.m. on 26/03/2017 for the sole purpose of drawing up the administrative offence record, detention in the police station from was detained from

4 p.m. to 7.15 p.m. without any justification;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings under Article 20.2 § 5 of CAO.

4,000

75249/17

19/10/2017

Mikhail Olegovich IZOTKIN

1996

Terekhov Konstantin Ilyich

Moscow

Demonstration against corruption

Volgograd

26/03/2017

Article 20.2 § 5 of CAO

administrative fine of RUB 10,000

Volgograd Regional Court 25/04/2017

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings under Article 20.2 § 5 of CAO.

3,500

75327/17

19/10/2017

Dmitriy Vladimirovich RUDNEV

1995

Terekhov Konstantin Ilyich

Moscow

Demonstration against corruption

Volgograd

26/03/2017

Article 20.2 § 5 of CAO

administrative fine of RUB 10,000

Volgograd Regional Court

25/04/2017

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings under Article 20.2 § 5 of CAO.

3,500

75523/17

19/10/2017

Kirill Yuryevich MELESHKO

1994

Terekhov Konstantin Ilyich

Moscow

Demonstration against corruption

Volgograd

26/03/2017

Article 20.2 § 5 of CAO

administrative fine of RUB 10,000

Volgograd Regional Court 26/04/2017

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings under Article 20.2 § 5 of CAO.

3,500

78273/17

03/11/2017

Igor Alekseyevich IVANOV

1992

Terekhov Konstantin Ilyich

Moscow

Demonstration against corruption

Volgograd

26/03/2017

Article 20.2 § 5 of CAO

administrative fine of RUB 10,000

Volgograd Regional Court

02/05/2017 (decision received on 15/05/2017)

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings under Article 20.2 § 5 of CAO.

3,500

79125/17

01/11/2017

Maksim Anatolyevich FEDOROV

1968

Glukhov Aleksey Vladimirovich

Novocheboksarsk

Social march

Samara

23/04/2017

Article 20.2 § 3 of CAO

administrative fine of RUB 30,000

Samara Regional Court

22/06/2017

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings under Article 20.2 § 3 of CAO.

3,500

83359/17

04/12/2017

Georgiy Aleksandrovich SPIRIN

1990

Terekhov Konstantin Ilyich

Moscow

Demonstration against corruption

Gatchina

26/03/2017

Article 20.2 § 5 of CAO

administrative fine of RUB 5,000

Leningrad Regional Court

05/06/2017

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings under Article 20.2 § 5 of CAO.

3,500

83408/17

07/12/2017

Dmitriy Yuryevich YURCHENKO

2000

Terekhov Konstantin Ilyich

Moscow

Demonstration against corruption

Volgograd

26/03/2017

Article 20.2 § 5 of CAO

administrative fine of RUB 10,000

Tsentralniy District Court of Volgograd 07/06/2017

(appeal court because the applicant was a minor)

3,500

3954/18

27/12/2017

Yevgeniy Aleksandrovich PROKOPENKO

1988

Peredruk Aleksandr Dmitriyevich

St Petersburg

Demonstration against corruption

St Petersburg

26/03/2017

Article 20.2 § 5 of CAO

administrative fine of RUB 10,000

St Petersburg City Court

30/06/2017

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal

basis – escorting to the police station on 26/03/2017 for the sole purpose of drawing up the administrative offence record; detention at the police station from 6.10 p.m. to 10.45 p.m. with no justification;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings under Article 20.2 § 5 of CAO.

4,000

[1] Plus any tax that may be chargeable to the applicants.