AYDAROV AND OTHERS v. RUSSIA - 84744/17 (Article 5 - Right to liberty and security : Fourth Section Committee) [2024] ECHR 572 (27 June 2024)

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You are here: BAILII >> Databases >> European Court of Human Rights >> AYDAROV AND OTHERS v. RUSSIA - 84744/17 (Article 5 - Right to liberty and security : Fourth Section Committee) [2024] ECHR 572 (27 June 2024) URL: http://www.bailii.org/eu/cases/ECHR/2024/572.html Cite as: [2024] ECHR 572

FOURTH SECTION

CASE OF AYDAROV AND OTHERS v. RUSSIA

(Applications nos. 84744/17 and 18 others -

see appended list)

JUDGMENT

STRASBOURG

27 June 2024

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

In the case of Aydarov and Others v. Russia,

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

Branko Lubarda, President,
Armen Harutyunyan,
Ana Maria Guerra Martins, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 6 June 2024,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in applications against Russia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") on the various dates indicated in the appended table.

2. The Russian Government ("the Government") were given notice of the applications.

THE FACTS

3. The list of applicants and the relevant details of the applications are set out in the appended table.

4. The applicants complained of the unlawful detention (deprivation of liberty). Some applicants raised other complaints under the provisions of the Convention and its Protocol.

THE LAW

JOINDER OF THE APPLICATIONS

5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.

Jurisdiction

6. The Court observes that the facts giving rise to the alleged violations of the Convention occurred prior to 16 September 2022, the date on which the Russian Federation ceased to be a party to the Convention. The Court therefore decides that it has jurisdiction to examine the present applications (see Fedotova and Others v. Russia [GC], nos. 40792/10 and 2 others, §§ 68-73, 17 January 2023).

ALLEGED VIOLATION OF ARTICLE 5 § 1 of the Convention

7. The applicants complained principally of the unlawful detention (deprivation of liberty). They relied, expressly or in substance, on Article 5 § 1 of the Convention.

8. The Court reiterates that that the expressions "lawful" and "in accordance with a procedure prescribed by law" in Article 5 § 1 essentially refer back to national law and state the obligation to conform to the substantive and procedural rules thereof. It is in the first place for the national authorities, notably the courts, to interpret and apply domestic law. However, since under Article 5 § 1 failure to comply with domestic law entails a breach of the Convention, it follows that the Court can and should exercise a certain power to review whether this law has been complied with (see, among numerous other authorities, Benham v. the United Kingdom, 10 June 1996, §§ 40-41 in fine, Reports of Judgments and Decisions 1996 III).

9. In the leading cases of Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, 26 June 2018, Rozhkov v. Russia (no. 2), no. 38898/04, §§ 91-96, 31 January 2017, Butkevich v. Russia, no. 5865/07, § 67, 13 February 2018, Kuptsov and Kuptsova v. Russia, no. 6110/03, § 81, 3 March 2011 and Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018, the Court already found a violation in respect of issues similar to those in the present case.

10. Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of these complaints (see the appended table for specific factual details). Having regard to its case-law on the subject, the Court considers that in the instant case the applicants' detention was contrary to domestic law requirements and the "lawfulness" guarantee of Article 5 of the Convention (see the appended table).

11. These complaints are therefore admissible and disclose a breach of Article 5 § 1 of the Convention.

OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW

12. Some applicants submitted other complaints which also raised issues under the Convention and its Protocol, 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. Having examined all the material before it, the Court concludes that they also disclose violations of the Convention in the light of its findings in Frumkin v. Russia, no. 74568/12, ECHR 2016 (extracts), with regard to disproportionate measures against participants and organisers of public assemblies; Novikova and Others v. Russia, nos. 25501/07 and 4 others, 26 April 2016, concerning disproportionate measures taken by the authorities against participants of solo manifestations; Karelin v. Russia, no. 926/08, §§ 58-85, 20 September 2016, concerning the absence of a prosecuting party in the proceedings under the Code of Administrative Offences (the CAO); Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 133-38 and 148-153, 10 April 2018, relating to unlawful detention after conviction and compensation for unlawful arrest and detention; Gorlov and Others v. Russia, nos. 27057/06 and 2 others, 2 July 2019, concerning permanent video surveillance of detainees and the lack of an effective remedy in that respect; Martynyuk v. Russia, no. 13764/15, §§ 38-42, 8 October 2019, related to the lack of a suspensive effect of an appeal against the sentence of an administrative detention; Elvira Dmitriyeva v. Russia, nos. 60921/17 and 7202/18, §§ 77-90, 30 April 2019, concerning administrative convictions for making calls to participate in public events.

REMAINING COMPLAINTS

13. Some applicants raised further additional complaints under Articles 5 and 6 of the Convention. In view of the findings above, the Court considers that there is no need to deal separately with these remaining complaints.

APPLICATION OF ARTICLE 41 OF THE CONVENTION

14. Regard being had to the documents in its possession and to its case-law (see, in particular, Biryuchenko and Others v. Russia [Committee], nos. 1253/04 and 2 others, § 96, 11 December 2014), the Court considers it reasonable to award the sums indicated in the appended table.

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

Decides to join the applications;
Holds that it has jurisdiction to deal with these applications as they relate to facts that took place before 16 September 2022;
Declares the complaints under Article 5 of the Convention and the other complaints under the well-established case-law of the Court, as set out in the appended table, admissible, and finds that there is no need to examine separately the remaining complaints raised by the applicants;
Holds that these applications disclose a breach of Article 5 § 1 of the Convention concerning the unlawful detention (deprivation of liberty) as set out in the appended table;
Holds that there has been a violation of the Convention and its Protocols 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 27 June 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Viktoriya Maradudina Branko Lubarda

Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 5 § 1 of the Convention

(unlawful detention (deprivation of liberty))

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]
84744/17 07/12/2017	Ivan Eduardovich AYDAROV 1998		08/09/2017, 5.15 p.m.	10/09/2017, 10.25 a.m., until court hearing	Detention as an administrative suspect: no evidence/assessment of "exceptional circumstances"; detention as an administrative suspect: the applicant remained in detention after the offence record had been compiled		3,000
21362/18 16/04/2018	Ilya Vladimirovich TOLSTOY 1988		12/10/2017, 2 p.m.	13/10/2017, 1 p.m., until court hearing, raised on appeal, final decision: Voronezh Regional Court, 26/12/2017	Detention as an administrative suspect: beyond the three-hour statutory period; detention as an administrative suspect: the applicant remained in detention after the offence record had been compiled	Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Voronezh Regional Court, 26/12/2017, fine of RUB 500	4,000
15866/19 11/03/2019	Lavrentiy Viktorovich TSVETKOV 1993 Stanislav Vladimirovich NADYRSHIN 1992	Mezak Ernest Aleksandrovich Saint-Barthélemy-d'Anjou	09/09/2018, 5.15 p.m.	11/09/2018, 6 p.m., until court hearing, raised on appeal on 20/09/2021	Applicants taken to the police station as administrative suspects: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspects' identity; detention as an administrative suspect: beyond the three-hour statutory period; detention as an administrative suspect: no evidence/assessment of "exceptional circumstances"; detention as an administrative suspect: the applicants remained in detention after the offence record had been compiled		3,000
27860/19 06/05/2019	Mukhammadyusuf Zikrullo ugli NEMATZHONOV 1991	Markin Konstantin Aleksandrovich Velikiy Novgorod	07/11/2018 13/11/2018	09/11/2018, violation of migration rules 14/11/2018, disorderly conduct	Detention (criminal) for more than three hours without any written record; Detention as an administrative suspect: no evidence/assessment of "exceptional circumstances"; detention as an administrative suspect: the applicant remained in detention after the offence record had been compiled		3,000
2371/20 12/11/2019	Dmitriy Nikolayevich IVANOV 2000	Andreyev Ashot Aleksandrovich Syktyvkar	18/07/2019, 3.30 p.m.	19/07/2019, until court hearing	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 and to establish the suspect's identity; 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. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - detention facility for suspects in administrative offence proceedings, Syktyvkar, between 18/07/2019 and 20/07/2019, Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities	3,000
11549/20 25/02/2020	Igor Nikolayevich GRISHIN 1956		27/07/2019	27/07/2019, raised on appeal on 26/09/2019	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 and. to establish the suspect's identity; detention as an administrative suspect: no evidence/assessment of "exceptional circumstances"		3,000
13409/20 28/02/2020	Aleksey Sergeyevich SMAGIN 1995		03/08/2019, 3 p.m.	04/08/2019, 12.10 a.m., raised on appeal, final decision: Moscow City Court, 14/10/2019	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 and. to establish the suspect's identity; detention as an administrative suspect: no evidence/assessment of "exceptional circumstances"; detention as an administrative suspect: beyond the three-hour statutory period		3,000
46529/20 22/09/2020	Aleksey Mikhaylovich KHOLKIN 1971		30/06/2020 08/07/2020	30/06/2020, raised on appeal 08/07/2020, raised on appeal	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 and to establish the suspect's identity; detention as an administrative suspect: no evidence/assessment of "exceptional circumstances"	Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow Regional Court, 03/07/2020, Art. 10 (1) - conviction for making calls to participate in public events - administrative conviction under article 20.2 § 2 of the CAO for making calls to participate in an unauthorised manifestation on 16/06/2020 against construction of a plant published in VKontakte; final decision: Moscow Regional Court, 03/07/2020, sentence to detention of 3 days, Art. 10 (1) - various restrictions on the right to freedom of expression - administrative conviction under article 20.3 § 1 of the CAO for publication in Facebook allegedly inciting to hatred; final decision: Moscow Regional Court, 20/08/2020, detention of 5 days, Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO in both proceedings	6,000
40528/21 30/07/2021	Aleksey Maksimovich SHVARTS 1996		22/01/2021, 11 p.m. 20/04/2021, 12.40 p.m.	23/01/2021, 12.30 p.m., until court hearing, raised on appeal on 03/02/2021; final decision on 03/02/2021 (applications of 30/07/2021 and 12/08/2021) 22/04/2021, 10.10 a.m., until court hearing, raised on appeal on 29/04/2022 (two applications of 22/10/2021)	Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect's identity; detention as an administrative suspect: no evidence/assessment of "exceptional circumstances"	Art. 10 (1) - conviction for making calls to participate in public events 1) administrative conviction under article 20.2 § 8 of the CAO for making calls to participate in an unauthorised manifestation in support of Navalnyy on 23/01/2021 published in VKontakte and Telegram; final decisions: Kurgan Regional Court, 03/02/2021 and 01/03/2021, sentence to detention of 30 days each; 2) administrative conviction under articles 20.2 § 8 and 19.3 § 1 of the CAO for making calls to participate in an unauthorised manifestation in support of Navalnyy on 21/04/2021 published in Telegram, and disobeying police; final decisions: both by the Kurgan Regional Court on 29/04/2021, detention of 30 and 12 days, respectively, Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of the administrative-offence proceedings - final decisions: Kurgan Regional Court, 03/02/2021, 01/03/2021 and 29/04/2021	6,000
43078/21 18/08/2021	Olga Anatolyevna SHKOLINA 1977	Pomazuyev Aleksandr Yevgenyevich Moscow	23/01/2021, 12 p.m.	23/01/2021, 10 p.m., raised on appeal, final decision on 05/03/2021	Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect's identity; detention as an administrative suspect: no evidence/assessment of "exceptional circumstances"; detention as an administrative suspect: beyond the three-hour statutory period	Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Arkhangelsk Regional Court, 05/03/2021, Art. 10 (1) - conviction for making calls to participate in public events - administrative conviction under article 20.2 § 2 of the CAO for calls to participate in an unauthorised manifestation on 23/01/2021 in support of Navalnyy, published in VKontakte; final decision: Arkhangelsk Regional Court, 05/03/2021, fine of RUB 24,000	6,000
44189/21 18/08/2021	Marina Andreyevna YEVDOKIMOVA 1995	Mamedova Yelena Anatolyevna Samara	31/01/2021	01/02/2021, raised on appeal	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 and to establish the suspect's identity; detention as an administrative suspect: no evidence/assessment of "exceptional circumstances"	Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Samara Regional Court, 18/02/2021, Art. 10 (1) - conviction for making calls to participate in public events - administrative conviction under art. 20.2 § 8 of the CAO for calls to participate in an unauthorised manifestation on 31/01/2021 in support of Navalnyy, published on YouTube, VKontakte; final decision: Samara Regional Court, 18/02/2021, detention of 28 days, Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO	6,000
55918/21 23/10/2021	Aleksey Vladimirovich BUCHNEV 1980		31/01/2021	31/01/2021, raised in the appeal statement, the final decision served on the applicant on 23/04/2021	Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect's identity	Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in respect of the administrative proceedings on the charges under Article 20.2 § 5 CAO, Privokzalnyy District Court of Tula, 25/02/2021, Tula Regional Court, 16/04/2021; the applicant did not attend the appeal hearing; he received a copy of the relevant judgment on 23/04/2021	4,000
58475/21 17/11/2021	Fedor Ivanovich ORLOV 1988		22/01/2021, 9.50 p.m. 04/12/2021, 1 p.m. 11/12/2021, 2.30 p.m. 26/03/2022, 12.30 p.m.	23/01/2021, 7.10 p.m., until court hearing, raised on appeal, final decision on 18/05/2021 06/12/2021, 1.35 p.m. 12/12/2021, 4.30 p.m. 27/03/2022	Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and. to establish the suspect's identity; detention as an administrative suspect: beyond the three-hour statutory period; detention as an administrative suspect: no evidence/assessment of "exceptional circumstances"; detention as an administrative suspect: the applicant remained in detention after the offence record had been compiled	Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of the administrative-offence proceedings - final decisions: Voronezh Regional Court, 18/05/2021, 01/02/2022 and 03/02/2022, Art. 10 (1) - conviction for making calls to participate in public events: 1) administrative conviction under article 20.2 § 2 of the CAO for calls to participate in an unauthorised manifestation on 23/01/2021 in support of Navalnyy, published in VKontakte; final decision: Voronezh Regional Court, 18/05/2021, detention of 9 days; 2) administrative conviction under articles 20.1 § 2 and 20.2 § 8 of the CAO for participation in a meeting against QR-codes on 04/12/2021 in Voronezh; final decisions: Voronezh Regional Court, 01/02/2022 and 03/02/2022, detention of 5 and 7 days, Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO; final decisions: Voronezh Regional Court, 01/02/2022 and 03/02/2022	6,000
6144/22 08/01/2022	Vladimir Mikhaylovich KOTOV 1990 Yuliya Sergeyevna POSEVKINA 1976	Mezak Ernest Aleksandrovich Saint-Barthélemy-d'Anjou	Mr Kotov 20/04/2021, 2 p.m.	Mr Kotov 22/04/2021, 10.25 a.m., until court hearing, raised on appeal on 08/07/2021	Applicants taken to the police station as administrative suspects: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspects' identity; detention as an administrative suspect: no evidence/assessment of "exceptional circumstances"; detention as an administrative suspect: the applicants remained in detention after the offence record had been compiled	Art. 10 (1) - conviction for making calls to participate in public events Mr Kotov administrative conviction under article 20.2 § 2 of the CAO for calls to participate in an unauthorised manifestation on 21/04/2021 in support of Navalnyy, published in VKontakte; final decision: Arkhangelsk Regional Court, 08/07/2021, fine of RUB 20,000; Ms Posevkina administrative conviction under article 20.2 § 2 of the CAO for calls to participate in an unauthorised manifestation on 21/04/2021 in support of Navalnyy, published in VKontakte; final decision: Supreme Court of the Komi Republic, 13/10/2021, fine of RUB 10,000	5,000, to be paid to Mr Kotov; 4,000, to be paid to Ms Posevkina
13538/22 08/02/2022	Nikita Gennadyevich ONEGIN 2001	Kuroptev Aleksey Mikhaylovich Balashikha	23/01/2021, 3 p.m.	24/01/2021, 7 p.m., final decision: Supreme Court of Russia, 06/06/2022, compensation proceedings	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 and to establish the suspect's identity; detention as an administrative suspect: the applicant remained in detention after the offence record had been compiled; detention as an administrative suspect: no evidence/assessment of "exceptional circumstances"	Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Arkhangelsk Regional Court, 07/10/2021, Art. 11 (1) - various restrictions on the right to freedom of peaceful assembly: 1) arrest and detention on the day of manifestation in support of Navalnyy on 23/01/2021 in Arkhangelsk, article 20.2 § 2 of the CAO, the applicant was not convicted under CAO, interference in the form of arrest and detention; compensation proceedings, claim refused, final decision: Supreme Court of Russia, 06/06/2022; 2) administrative conviction under article 20.2 § 5 of the CAO for participation in manifestation in support of Navalnyy on 21/04/2021 in Arkhangelsk, final decision: Arkhangelsk Regional Court, 07/10/2021, fine of RUB 14,000	4,000
16629/22 08/03/2022	Anatoliy Vladimirovich CHEPIKOV 1958	Zubarev Dmitriy Vladimirovich Vladivostok	25/07/2020 04/08/2020 08/08/2020	25/07/2020 04/08/2020 08/08/2020 The proceedings in respect of all three episodes of detention were Subsequently discontinued (the applicant was acquitted); the relevant judgments were delivered on 09/09/2020, 12/10/2020 and 13/10/2020; subsequently the applicant sought non-pecuniary damages for violation of his rights related to unlawful detention. The court acknowledged that the applicant's detention and prosecution had been unlawful and awarded him RUB 30,000 (about EUR 300). Final decision: Supreme Court of Russia, 13/12/2021	Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect's identity		2,700
7868/23 16/01/2023	Anton Ivanovich IVANOV 1990		06/03/2022	06/03/2022, raised on appeal on 19/09/2022	Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect's identity; detention as an administrative suspect: no evidence/assessment of "exceptional circumstances"		3,000
19124/23 09/01/2023	Dmitriy Borisovich RUMSHINSKIY 1970		24/02/2022, 10.11 p.m.	25/02/2022, 2.25 a.m.; raised on appeal, final decision on 19/09/2022	Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect's identity; detention as an administrative suspect: beyond the three-hour statutory period; detention as an administrative suspect: the applicant remained in detention after the offence record had been compiled	Art. 10 (1) - disproportionate measures against solo demonstrators - administrative conviction under article 20.2 § 5 of the CAO for anti-war solo picket held on 24/02/2022 in Moscow; final decision: Moscow City Court, 19/09/2022, fine of RUB 20,000	6,000
28935/23 25/06/2023	Konstantin Aleksandrovich KOTOV 1985		17/01/2021 27/01/2021, 7.30 p.m.	17/01/2021, raised in compensation proceedings, final decision: Supreme Court of Russia, 17/05/2023 28/01/2021, 9 a.m., raised in compensation proceedings, final decision: Supreme Court of Russia, 17/05/2023	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 and to establish the suspect's identity; detention as an administrative suspect: no evidence/assessment of "exceptional circumstances"; Detention of the applicant after conviction for disobeying police officers: on 28/01/2021 the applicant was convicted of disobeying police officers and sentenced to administrative detention of 5 days. On 13/10/2021 the conviction was quashed on appeal and proceedings were discontinued due to expiry of limitation period. The court established that the applicant was a member of elections commission and his persecution should had been authorised by a prosecutor and that his arrest and detention were unlawful. The applicant initiated compensation proceedings and was awarded RUB 20,000 (approximately 200 euros), final decision: Supreme Court of Russia, 17/05/2023	Art. 11 (1) - various restrictions on the right to freedom of peaceful assembly - administrative conviction under article 19.3 § 1 of the CAO for disobeying police officers when participating in meeting with Navalnyy on 17/01/2021 at the airport; on 13/10/2021 the conviction was quashed and the applicant initiated compensation proceedings which ended on 17/05/2023; the amount of award was RUB 20,000 (EUR 200)	4,800

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]

84744/17

07/12/2017

Ivan Eduardovich AYDAROV

1998

08/09/2017, 5.15 p.m.

10/09/2017,

10.25 a.m., until court hearing

Detention as an administrative suspect: no evidence/assessment of "exceptional circumstances"; detention as an administrative suspect: the applicant remained in detention after the offence record had been compiled

3,000

21362/18

16/04/2018

Ilya Vladimirovich TOLSTOY

1988

12/10/2017,

2 p.m.

13/10/2017,

1 p.m., until court hearing, raised on appeal, final decision: Voronezh Regional Court, 26/12/2017

Detention as an administrative suspect: beyond the three-hour statutory period; detention as an administrative suspect: the applicant remained in detention after the offence record had been compiled

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Voronezh Regional Court, 26/12/2017, fine of RUB 500

4,000

15866/19

11/03/2019

Lavrentiy Viktorovich TSVETKOV

1993

Stanislav Vladimirovich NADYRSHIN

1992

Mezak Ernest Aleksandrovich

Saint-Barthélemy-d'Anjou

09/09/2018, 5.15 p.m.

11/09/2018,

6 p.m., until court hearing, raised on appeal on 20/09/2021

Applicants taken to the police station as administrative suspects: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspects' identity; detention as an administrative suspect: beyond the three-hour statutory period; detention as an administrative suspect: no evidence/assessment of "exceptional circumstances"; detention as an administrative suspect: the applicants remained in detention after the offence record had been compiled

3,000

27860/19

06/05/2019

Mukhammadyusuf Zikrullo ugli NEMATZHONOV

1991

Markin Konstantin Aleksandrovich

Velikiy Novgorod

07/11/2018

13/11/2018

09/11/2018, violation of migration rules

14/11/2018, disorderly conduct

Detention (criminal) for more than three hours without any written record; Detention as an administrative suspect: no evidence/assessment of "exceptional circumstances"; detention as an administrative suspect: the applicant remained in detention after the offence record had been compiled

3,000

2371/20

12/11/2019

Dmitriy Nikolayevich IVANOV

2000

Andreyev Ashot Aleksandrovich

Syktyvkar

18/07/2019, 3.30 p.m.

19/07/2019, until court hearing

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 and to establish the suspect's identity; 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. 8 (1) - permanent video surveillance of detainees in pre-trial or post-conviction detention facilities - detention facility for suspects in administrative offence proceedings, Syktyvkar, between 18/07/2019 and 20/07/2019,

Art. 13 - lack of any effective remedy in domestic law in respect of permanent video surveillance in detention facilities

3,000

11549/20

25/02/2020

Igor Nikolayevich GRISHIN

1956

27/07/2019

27/07/2019, raised on appeal on 26/09/2019

3,000

13409/20

28/02/2020

Aleksey Sergeyevich SMAGIN

1995

03/08/2019,

3 p.m.

04/08/2019,

12.10 a.m., raised on appeal, final decision: Moscow City Court, 14/10/2019

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 and. to establish the suspect's identity; detention as an administrative suspect: no evidence/assessment of "exceptional circumstances"; detention as an administrative suspect: beyond the three-hour statutory period

3,000

46529/20

22/09/2020

Aleksey Mikhaylovich KHOLKIN

1971

30/06/2020

08/07/2020

30/06/2020, raised on appeal

08/07/2020, raised on appeal

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 and to establish the suspect's identity; detention as an administrative suspect: no evidence/assessment of "exceptional circumstances"

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow Regional Court, 03/07/2020,

Art. 10 (1) - conviction for making calls to participate in public events - administrative conviction under article 20.2 § 2 of the CAO for making calls to participate in an unauthorised manifestation on 16/06/2020 against construction of a plant published in VKontakte; final decision: Moscow Regional Court, 03/07/2020, sentence to detention of 3 days,

Art. 10 (1) - various restrictions on the right to freedom of expression - administrative conviction under article 20.3 § 1 of the CAO for publication in Facebook allegedly inciting to hatred; final decision: Moscow Regional Court, 20/08/2020, detention of 5 days,

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

6,000

40528/21

30/07/2021

Aleksey Maksimovich SHVARTS

1996

22/01/2021, 11 p.m.

20/04/2021, 12.40 p.m.

23/01/2021,

12.30 p.m., until court hearing, raised on appeal on 03/02/2021; final decision on 03/02/2021 (applications of 30/07/2021 and 12/08/2021)

22/04/2021,

10.10 a.m., until court hearing, raised on appeal on 29/04/2022 (two applications of 22/10/2021)

Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect's identity; detention as an administrative suspect: no evidence/assessment of "exceptional circumstances"

Art. 10 (1) - conviction for making calls to participate in public events

1) administrative conviction under article 20.2 § 8 of the CAO for making calls to participate in an unauthorised manifestation in support of Navalnyy on 23/01/2021 published in VKontakte and Telegram; final decisions: Kurgan Regional Court, 03/02/2021 and 01/03/2021, sentence to detention of 30 days each;

2) administrative conviction under articles 20.2 § 8 and 19.3 § 1 of the CAO for making calls to participate in an unauthorised manifestation in support of Navalnyy on 21/04/2021 published in Telegram, and disobeying police; final decisions: both by the Kurgan Regional Court on 29/04/2021, detention of 30 and 12 days, respectively,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of the administrative-offence proceedings - final decisions: Kurgan Regional Court, 03/02/2021, 01/03/2021 and 29/04/2021

6,000

43078/21

18/08/2021

Olga Anatolyevna SHKOLINA

1977

Pomazuyev Aleksandr Yevgenyevich

Moscow

23/01/2021, 12 p.m.

23/01/2021,

10 p.m., raised on appeal, final decision on 05/03/2021

Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect's identity; detention as an administrative suspect: no evidence/assessment of "exceptional circumstances"; detention as an administrative suspect: beyond the three-hour statutory period

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Arkhangelsk Regional Court, 05/03/2021,

Art. 10 (1) - conviction for making calls to participate in public events - administrative conviction under article 20.2 § 2 of the CAO for calls to participate in an unauthorised manifestation on 23/01/2021 in support of Navalnyy, published in VKontakte; final decision: Arkhangelsk Regional Court, 05/03/2021, fine of RUB 24,000

6,000

44189/21

18/08/2021

Marina Andreyevna YEVDOKIMOVA

1995

Mamedova Yelena Anatolyevna

Samara

31/01/2021

01/02/2021, raised on appeal

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 and to establish the suspect's identity; detention as an administrative suspect: no evidence/assessment of "exceptional circumstances"

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Samara Regional Court, 18/02/2021,

Art. 10 (1) - conviction for making calls to participate in public events - administrative conviction under art. 20.2 § 8 of the CAO for calls to participate in an unauthorised manifestation on 31/01/2021 in support of Navalnyy, published on YouTube, VKontakte; final decision: Samara Regional Court, 18/02/2021, detention of 28 days,

6,000

55918/21

23/10/2021

Aleksey Vladimirovich BUCHNEV

1980

31/01/2021

31/01/2021, raised in the appeal statement, the final decision served on the applicant on 23/04/2021

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in respect of the administrative proceedings on the charges under Article 20.2 § 5 CAO, Privokzalnyy District Court of Tula, 25/02/2021, Tula Regional Court, 16/04/2021; the applicant did not attend the appeal hearing; he received a copy of the relevant judgment on 23/04/2021

4,000

58475/21

17/11/2021

Fedor Ivanovich ORLOV

1988

22/01/2021, 9.50 p.m.

04/12/2021,

1 p.m.

11/12/2021, 2.30 p.m.

26/03/2022, 12.30 p.m.

23/01/2021,

7.10 p.m., until court hearing, raised on appeal, final decision on

18/05/2021

06/12/2021,

1.35 p.m.

12/12/2021,

4.30 p.m.

27/03/2022

Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and. to establish the suspect's identity; detention as an administrative suspect: beyond the three-hour statutory period; detention as an administrative suspect: no evidence/assessment of "exceptional circumstances"; detention as an administrative suspect: the applicant remained in detention after the offence record had been compiled

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of the administrative-offence proceedings - final decisions: Voronezh Regional Court, 18/05/2021, 01/02/2022 and 03/02/2022,

Art. 10 (1) - conviction for making calls to participate in public events:

1) administrative conviction under article 20.2 § 2 of the CAO for calls to participate in an unauthorised manifestation on 23/01/2021 in support of Navalnyy, published in VKontakte; final decision: Voronezh Regional Court, 18/05/2021, detention of 9 days;

2) administrative conviction under articles 20.1 § 2 and 20.2 § 8 of the CAO for participation in a meeting against QR-codes on 04/12/2021 in Voronezh; final decisions: Voronezh Regional Court, 01/02/2022 and 03/02/2022, detention of 5 and 7 days,

6,000

6144/22

08/01/2022

Vladimir Mikhaylovich KOTOV

1990

Yuliya Sergeyevna POSEVKINA

1976

Mezak Ernest Aleksandrovich

Saint-Barthélemy-d'Anjou

Mr Kotov

20/04/2021,

2 p.m.

Mr Kotov

22/04/2021,

10.25 a.m., until court hearing, raised on appeal on 08/07/2021

Applicants taken to the police station as administrative suspects: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspects' identity; detention as an administrative suspect: no evidence/assessment of "exceptional circumstances"; detention as an administrative suspect: the applicants remained in detention after the offence record had been compiled

Art. 10 (1) - conviction for making calls to participate in public events

Mr Kotov

administrative conviction under article 20.2 § 2 of the CAO for calls to participate in an unauthorised manifestation on 21/04/2021 in support of Navalnyy, published in VKontakte; final decision: Arkhangelsk Regional Court, 08/07/2021, fine of RUB 20,000;

Ms Posevkina

administrative conviction under article 20.2 § 2 of the CAO for calls to participate in an unauthorised manifestation on 21/04/2021 in support of Navalnyy, published in VKontakte; final decision: Supreme Court of the Komi Republic, 13/10/2021, fine of RUB 10,000

5,000,

to be paid to Mr Kotov;

4,000,

to be paid to Ms Posevkina

13538/22

08/02/2022

Nikita Gennadyevich ONEGIN

2001

Kuroptev Aleksey Mikhaylovich

Balashikha

23/01/2021,

3 p.m.

24/01/2021,

7 p.m., final decision: Supreme Court of Russia, 06/06/2022, compensation proceedings

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 and to establish the suspect's identity; detention as an administrative suspect: the applicant remained in detention after the offence record had been compiled; detention as an administrative suspect: no evidence/assessment of "exceptional circumstances"

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Arkhangelsk Regional Court, 07/10/2021,

Art. 11 (1) - various restrictions on the right to freedom of peaceful assembly:

1) arrest and detention on the day of manifestation in support of Navalnyy on 23/01/2021 in Arkhangelsk, article 20.2 § 2 of the CAO, the applicant was not convicted under CAO, interference in the form of arrest and detention; compensation proceedings, claim refused, final decision: Supreme Court of Russia, 06/06/2022;

2) administrative conviction under article 20.2 § 5 of the CAO for participation in manifestation in support of Navalnyy on 21/04/2021 in Arkhangelsk, final decision: Arkhangelsk Regional Court, 07/10/2021, fine of RUB 14,000

4,000

16629/22

08/03/2022

Anatoliy Vladimirovich CHEPIKOV

1958

Zubarev Dmitriy Vladimirovich

Vladivostok

25/07/2020

04/08/2020

08/08/2020

25/07/2020

04/08/2020

08/08/2020

The proceedings in respect of all three episodes of detention were

Subsequently discontinued (the applicant was acquitted); the relevant judgments were delivered on 09/09/2020, 12/10/2020 and 13/10/2020; subsequently the applicant sought non-pecuniary damages for violation of his rights related to unlawful detention. The court acknowledged that the applicant's detention and prosecution had been unlawful

and awarded him RUB 30,000

(about EUR 300). Final decision: Supreme Court of Russia, 13/12/2021

2,700

7868/23

16/01/2023

Anton Ivanovich IVANOV

1990

06/03/2022

06/03/2022, raised on appeal on 19/09/2022

Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect's identity; detention as an administrative suspect: no evidence/assessment of "exceptional circumstances"

3,000

19124/23

09/01/2023

Dmitriy Borisovich RUMSHINSKIY

1970

24/02/2022, 10.11 p.m.

25/02/2022,

2.25 a.m.; raised on appeal, final decision on 19/09/2022

Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect's identity; detention as an administrative suspect: beyond the three-hour statutory period; detention as an administrative suspect: the applicant remained in detention after the offence record had been compiled

Art. 10 (1) - disproportionate measures against solo demonstrators - administrative conviction under article 20.2 § 5 of the CAO for anti-war solo picket held on 24/02/2022 in Moscow; final decision: Moscow City Court, 19/09/2022, fine of RUB 20,000

6,000

28935/23

25/06/2023

Konstantin Aleksandrovich KOTOV

1985

17/01/2021

27/01/2021, 7.30 p.m.

17/01/2021, raised in compensation proceedings, final decision: Supreme Court of Russia, 17/05/2023

28/01/2021,

9 a.m., raised in compensation proceedings, final decision: Supreme Court of Russia, 17/05/2023

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 and to establish the suspect's identity; detention as an administrative suspect: no evidence/assessment of "exceptional circumstances";

Detention of the applicant after conviction for disobeying police officers:

on 28/01/2021 the applicant was convicted of disobeying police officers and sentenced to administrative detention of 5 days. On 13/10/2021 the conviction was quashed on appeal and proceedings were discontinued due to expiry of limitation period. The court established that the applicant was a member of elections commission and his persecution should had been authorised by a prosecutor and that his arrest and detention were unlawful. The applicant initiated compensation proceedings and was awarded RUB 20,000 (approximately 200 euros), final decision: Supreme Court of Russia, 17/05/2023

Art. 11 (1) - various restrictions on the right to freedom of peaceful assembly - administrative conviction under article 19.3 § 1 of the CAO for disobeying police officers when participating in meeting with Navalnyy on 17/01/2021 at the airport; on 13/10/2021 the conviction was quashed and the applicant initiated compensation proceedings which ended on 17/05/2023; the amount of award was RUB 20,000 (EUR 200)

4,800

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