KOKSHIN AND OTHERS v. RUSSIA - 45057/21 (Article 11 - Freedom of assembly and association : Fifth Section Committee) [2024] ECHR 582 (27 June 2024)

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Cite as: [2024] ECHR 582

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FIFTH SECTION

CASE OF KOKSHIN AND OTHERS v. RUSSIA

(Applications nos. 45057/21 and 32 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 Kokshin and Others v. Russia,

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

 María Elósegui, President,
 Kateřina Šimáčková,
 Stephane Pisani, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 6 June 2024,

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

PROCEDURE


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


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

THE FACTS


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


4.  The applicants complained of the disproportionate measures taken against them as organisers or participants of public assemblies. Some applicants also raised other complaints under the provisions of the Convention.

THE LAW

  1. 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.

  1. 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).

  1. ALLEGED VIOLATION OF ARTICLE 11 OF THE CONVENTION


7.  The applicants complained principally of disproportionate measures taken against them as organisers or participants of public assemblies, namely their arrest in relation to the dispersal of these assemblies and their conviction for administrative offences. They relied, expressly or in substance, on Article 11 of the Convention.


8.  The Court refers to the principles established in its case-law regarding freedom of assembly (see Kudrevičius and Others v. Lithuania [GC], no. 37553/05, ECHR 2015, with further references) and proportionality of interference with it (see Oya Ataman v. Turkey, no. 74552/01, ECHR 2006-XIV, and Hyde Park and Others v. Moldova, no. 33482/06, 31 March 2009).


9.  In the leading cases of Frumkin v. Russia, no. 74568/12, ECHR 2016 (extracts), Navalnyy and Yashin v. Russia, no. 76204/11, 4 December 2014 and Kasparov and Others v. Russia, no. 21613/07, 3 October 2013, the Court already found a violation in respect of issues similar to those in the present case.


10.  Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion as to the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the interferences with the applicants' freedom of assembly were not "necessary in a democratic society".


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

  1. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW


12.  Some applicants submitted other complaints which also raised issues under the Convention, given the relevant well-established case-law of the Court (see appended table). These complaints are not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention, nor are they inadmissible on any other ground. Accordingly, they must be declared admissible.


13.  Having examined all the material before it, the Court concludes that these complaints also disclose violations of the Convention in the light of its findings in Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 115-31, 10 April 2018, and Korneyeva v. Russia, no. 72051/17, §§ 34-36, 8 October 2019, as to various aspects of unlawful deprivation of liberty of organisers or participants of public assemblies; and Karelin v. Russia, no. 926/08, §§ 58-85, 20 September 2016, concerning the absence of a prosecuting party in the proceedings under the Code of Administrative Offences (CAO).

  1. REMAINING COMPLAINTS


14.  In view of the above findings, the Court considers that there is no need to deal separately with the applicants' complaints under Article 6 of the Convention concerning alleged restrictions on the right to examine witnesses.

  1. APPLICATION OF ARTICLE 41 OF THE CONVENTION


15.  Regard being had to the documents in its possession and to its case-law (see in particular Navalnyy and Others v. Russia [Committee], nos. 25809/17 and 14 others, § 22, 4 October 2022), the Court finds it reasonable to award the sums indicated in the appended table.

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

  1. Decides to join the applications;
  2. Holds that it has jurisdiction to deal with these applications as they relate to facts that took place before 16 September 2022;
  3. Declares the complaints under Article 11 of the Convention and the other complaints under the well-established case-law of the Court, as set out in the appended table, admissible, and finds that there is no need to examine separately the remaining complaints under Article 6 of the Convention;
  4. Holds that there has been a breach of Article 11 of the Convention;
  5. Holds that there has been a violation of the Convention as regards the other complaints raised under the well-established case-law of the Court (see the appended table);
  6. Holds

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

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

Done in English, and notified in writing on 27 June 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

 

 Viktoriya Maradudina María Elósegui

 Acting Deputy Registrar President

 

 

 


APPENDIX

List of applications raising complaints under Article 11 of the Convention

(disproportionate measures against organisers and participants of public assemblies)

No.

Application no.

Date of introduction

Applicant's name

Year of birth

 

Representative's name and location

Name of the public event

Location

Date

Administrative / criminal offence

Penalty

Final domestic decision

Court Name

Date

Other complaints under

 well-established case-law

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

(in euros)[1]

  1.    

45057/21

25/08/2021

Yuriy

Sergeyevich KOKSHIN

1995

Zhdanov

Ivan

Yuryevich

Vilnius

Manifestation in support of

A. Navalnyy

 

Staryy Oskol

 

31/01/2021

article 20.2 § 5 of CAO

administrative fine RUB 10,000

Belgorod Regional Court

15/03/2021

 

3,500

  1.    

45058/21

02/09/2021

Yuliya

Igorevna SEMAKHINA

1984

Zhdanov

Ivan

Yuryevich

Vilnius

Manifestation in support of

A. Navalnyy

 

St Petersburg

 

31/01/2021

article 20.2.2 § 1 of CAO

administrative fine RUB 10,000

St Petersburg City Court

16/03/2021

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 31/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity (raised in the administrative proceedings),

 

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

4,000

  1.    

46111/21

10/09/2021

Alena

Romanovna SHUVAYEVA

1998

Zhdanov

Ivan

Yuryevich

Vilnius

Manifestation in support of

A. Navalnyy

 

Kuznetsk

 

23/01/2021

article 20.2 § 5 of CAO

administrative fine RUB 12,000

Penza Regional Court

18/03/2021

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 23/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity (raised in the administrative proceedings),

 

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

4,000

  1.    

46818/21

10/09/2021

Aleksandr Vasilyevich KIBANOV

1990

Zhdanov

Ivan

Yuryevich

Vilnius

Manifestation in support of

A. Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 5 of CAO

administrative fine RUB 15,000

Moscow City Court

22/03/2021

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 31/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's (raised in the administrative proceedings),

 

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

4,000

  1.    

46824/21

10/09/2021

Pavel

Grigoryevich ZAMYSHLYAYEV

1988

Zhdanov

Ivan

Yuryevich

Vilnius

Manifestation in support of

A. Navalnyy

 

Nizhniy Novgorod

 

31/01/2021

article 20.2 § 5 of CAO

administrative fine RUB 10,000

Nizhniy Novgorod Regional Court

18/03/2021

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 31/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity (raised in the administrative proceedings)

4,000

  1.    

47101/21

15/09/2021

Andrey

Andreyevich LACHUGIN

1998

Zhdanov

Ivan

Yuryevich

Vilnius

Manifestation in support of

A. Navalnyy

 

St Petersburg

 

31/01/2021

article 20.2.2 § 1 of CAO

administrative fine RUB 10,000

St Petersburg City Court

25/03/2021

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 31/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity (raised in the administrative proceedings),

 

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

4,000

  1.    

47458/21

15/09/2021

Sergey

Vasilyevich SOLOMONOV

1972

Zhdanov

Ivan

Yuryevich

Vilnius

Manifestation in support of

A. Navalnyy

 

Komsomolsk-on-Amur

 

23/01/2021

article 20.2 § 5 of CAO

administrative fine RUB 10,000

Khabarovsk Regional Court

23/03/2021

 

3,500

  1.    

47718/21

15/09/2021

Olga

Borisovna

MULERIS

1994

Zhdanov

Ivan

Yuryevich

Vilnius

Manifestation in support of

A. Navalnyy

 

Kaliningrad

 

23/01/2021

article 20.2 § 5 of CAO

administrative fine RUB 20,000

Kaliningrad Regional Court

23/03/2021

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 23/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity (raised in the administrative proceedings)

4,000

  1.    

48655/21

24/09/2021

Vyacheslav Leonidovich USTENKO

2000

Zhdanov

Ivan

Yuryevich

Vilnius

Manifestation in support of

A. Navalnyy

 

St Petersburg

 

31/01/2021

article 20.2.2 § 1 of CAO

administrative fine RUB 10,000

St Petersburg City Court

30/03/2021

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention non 31/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity (raised in the domestic proceedings),

 

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

4,000

  1.  

6668/22

14/01/2022

Vladimir

Igorevich

PANOV

1997

Memorial Human Rights Centre

Moscow

Manifestation in support of

A. Navalnyy

 

Moscow

 

02/02/2021

article 20.2 § 6.1 of CAO

administrative fine RUB 10,000

Moscow City Court

15/07/2021

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 02/02/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity (raised in the administrative proceedings),

 

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

4,000

  1.  

6669/22

14/01/2022

Maksim Georgiyevich GEORGIYEV

2002

Memorial Human Rights Centre

Moscow

Manifestation in support of

A. Navalnyy

 

Moscow

 

02/02/2021

article 20.2 § 6.1 of CAO

administrative fine RUB 10,000

Moscow City Court

15/07/2021

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 02/02/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity (raised in the administrative proceedings),

 

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

4,000

  1.  

6672/22

18/01/2022

Pavel

Viktorovich

TOMAS

1992

Memorial Human Rights Centre

Moscow

Manifestation in support of

A. Navalnyy

 

Moscow

 

02/02/2021

article 20.2 § 6.1 of CAO

administrative detention 10 days

Moscow City Court

19/07/2021

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 02/02/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity (raised in the administrative proceedings),

 

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

4,000

  1.  

6679/22

18/01/2022

Danila

Dmitriyevich YEROFEYEV

1998

Memorial Human Rights Centre

Moscow

Manifestation in support of

A. Navalnyy

 

St Petersburg

 

31/01/2021

article 20.2.2 § 1 of CAO

administrative fine RUB 10,000

St Petersburg City Court

20/07/2021

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

 

3,500

  1.  

6687/22

18/01/2022

Irina

Vladimirovna SIDOROVA

1975

Memorial Human Rights Centre

Moscow

Manifestation in support of

A. Navalnyy

 

Pskov

 

21/04/2021

article 20.6.1 § 1 of CAO

administrative fine RUB 3,000

Pskov Regional Court

19/07/2021

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

3,500

  1.  

6690/22

18/01/2022

Albina

Alekseyevna LEONOVA

2002

Memorial Human Rights Centre

Moscow

Manifestation in support of

A. Navalnyy

 

Pskov

 

21/04/2021

article 20.6.1 § 1 of CAO

administrative fine RUB 3,000

Pskov Regional Court

19/07/2021

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

3,500

  1.  

6692/22

18/01/2022

Kseniya Aleksandrovna NASLEDNIKOVA

1987

Memorial Human Rights Centre

Moscow

Manifestation in support of

A. Navalnyy

 

Shopino

 

21/04/2021

article 20.2 § 5 of CAO

administrative fine RUB 5,000

Belgorod Regional Court

19/07/2021

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

3,500

  1.  

7178/22

31/01/2022

Aleksandr Mikhaylovich DERREK

1998

Zhdanov

Ivan

Yuryevich

Vilnius

Manifestation in support of

A. Navalnyy

 

Yaroslavl

 

21/04/2021

article 20.2 § 5 of CAO

administrative fine RUB 10,000

Yaroslavl Regional Court

15/09/2021

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

3,500

  1.  

7503/22

31/01/2022

Anna

Andreyevna ZNAMENSKAYA

1992

Zhdanov

Ivan

Yuryevich

Vilnius

Manifestation in support of

A. Navalnyy

 

Perm

 

21/04/2021

article 20.2 § 5 of CAO

administrative fine RUB 7,000

Perm Regional Court

26/08/2021

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

3,500

  1.  

7508/22

31/01/2022

Aleksandr Galizhonovich KHAYROV

1991

Zhdanov

Ivan

Yuryevich

Vilnius

Manifestation in support of

A. Navalnyy

 

Krasnodar

 

21/04/2021

article 20.2 § 5 of CAO

administrative fine RUB 10,000

Krasnodar Regional Court

04/08/2021

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 21/04/2021 - 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 (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity (raised in the administrative proceedings),

 

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

4,000

  1.  

7630/22

31/01/2022

Svetlana

Yuryevna PENDRIKOVA

1976

Zhdanov

Ivan

Yuryevich

Vilnius

Manifestation in support of

A. Navalnyy

 

Murom

 

23/01/2021

article 20.2 § 5 of CAO

administrative fine RUB 11,000

Vladimir Regional Court

25/08/2021

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

3,500

  1.  

7646/22

31/01/2022

Darya

Yevgenyevna UTENKOVA

2002

Zhdanov

Ivan

Yuryevich

Vilnius

Manifestation in support of

A. Navalnyy

 

Bratsk

 

21/04/2021

article 20.2 § 5 of CAO

administrative fine RUB 10,000

Irkutsk Regional Court

12/08/2021

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 21/04/2021 - 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 (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity (raised in the administrative proceedings),

 

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

4,000

  1.  

7699/22

31/01/2022

Aleksandr Nikolayevich

GRAB

1984

Zhdanov

Ivan

Yuryevich

Vilnius

Manifestation in support of

A. Navalnyy

 

Moscow

 

23/01/2021

article 20.2 § 5 of CAO

administrative fine RUB 10,000

Moscow City Court

03/08/2021

 

3,500

  1.  

9092/22

10/02/2022

Aleksandr Aleksandrovich BOGDASHEVSKIY

1991

Zhdanov

Ivan

Yuryevich

Vilnius

Manifestation in support of

A. Navalnyy

 

Moscow

 

23/01/2021

article 20.2 § 5 of CAO

administrative fine RUB 20,000

Moscow City Court

23/08/2021

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 23/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's (raised in the administrative proceedings),

 

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

4,000

  1.  

9116/22

10/02/2022

Aleksandra Vadimovna KAMKINA

1999

Zhdanov

Ivan

Yuryevich

Vilnius

Manifestation in support of

A. Navalnyy

 

Yaroslavl

 

21/04/2021

article 20.2 § 5 of CAO

administrative fine RUB 10,000

Yaroslavl Regional Court

25/08/2021

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 21/04/2021 - 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 (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity (raised in the administrative proceedings),

 

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

4,000

  1.  

11939/22

23/02/2022

Amir

Tagirovich KUTYYEV

1999

Zhdanov

Ivan

Yuryevich

Vilnius

Manifestation in support of

A. Navalnyy

 

St Petersburg

 

23/01/2021

article 20.2 § 5 of CAO

administrative fine RUB 4,000

Kuybyshevskiy District Court of St Petersburg

09/09/2021

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 23/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity (raised in the administrative proceedings),

 

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

4,000

  1.  

11946/22

23/02/2022

Aleksey

Alekseyevich

DYKIN

1985

Zhdanov

Ivan

Yuryevich

Vilnius

Manifestation in support of

A. Navalnyy

 

Lipetsk

 

23/01/2021

article 20.2 § 5 of CAO

administrative fine RUB 10,000

Lipetsk Regional Court

07/10/2021

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 23/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's (raised in the administrative proceedings),

 

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

4,000

  1.  

17296/22

20/03/2022

Andrey Vladimirovich OSECHKIN

1977

Gerasimov Dmitriy Georgiyevich

St Petersburg

Manifestation in support of

A. Navalnyy

 

St Petersburg

 

31/01/2021

article 20.2.2 § 1 of CAO

administrative fine RUB 20,000

St Petersburg City Court

01/02/2022

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 31/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's (raised in the administrative proceedings),

 

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

4,000

  1.  

17298/22

20/03/2022

Nikita

Yuryevich YELPANOV

1997

Gerasimov Dmitriy Georgiyevich

St Petersburg

Manifestation in support of

A. Navalnyy

 

St Petersburg

 

31/01/2021

article 20.2.2 § 1 of CAO

administrative fine RUB 20,000

St Petersburg City Court

01/02/2022

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 31/01/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity (raised in the administrative proceedings),

 

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

4,000

  1.  

17301/22

20/03/2022

Mariya

Viktorovna

SOKOL

2000

Gerasimov Dmitriy Georgiyevich

St Petersburg

Manifestation in support of

A. Navalnyy

 

St Petersburg

 

31/01/2021

article 20.2.2 § 1 of CAO

administrative fine RUB 20,000

St Petersburg City Court

01/02/2022

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 31/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity (raised in the administrative proceedings),

 

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

4,000

  1.  

17305/22

20/03/2022

Nikolay Aleksandrovich ZAYTSEV

1991

Gerasimov Dmitriy Georgiyevich

St Petersburg

Manifestation in support of

A. Navalnyy

 

St Petersburg

 

31/01/2021

article 20.2.2 § 1 of CAO

administrative fine RUB 20,000

St Petersburg City Court

01/02/2022

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 31/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity) (raised in the administrative proceedings),

 

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

4,000

  1.  

17308/22

20/03/2022

Ilya

Aleksandrovich SKVORTSOV

1999

Gerasimov Dmitriy Georgiyevich

St Petersburg

Manifestation in support of

A. Navalnyy

 

St Petersburg

 

31/01/2021

article 20.2.2 § 1 of CAO

administrative fine RUB 20,000

St Petersburg City Court

01/02/2022

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 31/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity (raised in the administrative proceedings),

 

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

4,000

  1.  

53830/22

21/10/2022

Dmitriy Vladimirovich DANILTSEV

1986

 

 

Manifestation against the war in Ukraine

 

Moscow

 

24/02/2022

article 20.2 § 5 of CAO

administrative fine RUB 15,000

Moscow City Court

21/06/2022

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

3,500

  1.  

53833/22

27/10/2022

Kseniya Aleksandrovna KASHTANKINA

1981

 

 

Manifestation against the war in Ukraine

 

Ulyanovsk

 

06/03/2022

article 20.2 § 5 of CAO

administrative fine RUB 10,000

Ulyanovsk Regional Court

30/06/2022

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention from 3 p.m. to 8 p.m. on 06/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity;

Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (raised in the administrative proceedings),

 

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

4,000

 


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


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