FIFTH SECTION

CASE OF ORLOVSKIY AND OTHERS v. RUSSIA

(Applications nos. 74186/17 and 25 others –

see appended list)

 

 

 

 

 

 

JUDGMENT

 

STRASBOURG

12 September 2024

 

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


In the case of Orlovskiy and Others v. Russia,

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

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

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 11 July 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 lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings. 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, §§ 6873, 17 January 2023, and Pivkina and Others v. Russia (dec.), nos. 2134/23 and 6 others, §§ 71-81, 6 June 2023).

  1. Ms Navalnaya’s standing

7.  The Court has taken note of Ms Yulia Navalnaya’s wish to pursue the complaints lodged by her late husband, Mr A. Navalnyy (application no. 6836/20), and recognises her standing for that purpose (see López Ribalda and Others v. Spain [GC], nos. 1874/13 and 8567/13, §§ 7273, 17 October 2019).

  1. ALLEGED VIOLATION OF ARTICLE 6 § 1 of the Convention

8.  The applicants complained of the lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings. They relied, expressly or in substance, on Article 6 § 1 of the Convention.

9.  In the leading case of Karelin v. Russia, no. 926/08, 20 September 2016, the Court already found a violation in respect of issues similar to those in the present case. Having examined all the material submitted to it, and having taken into account the issue of compliance with the six-month timelimit under Article 35 § 1 of the Convention (see Saakashvili v. Georgia (dec.), nos. 6232/20 and 22394/20, §§ 46-59, 1 March 2022), 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.

10.  These complaints are therefore admissible and disclose a breach of Article 6 § 1 of the Convention.

  1. 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 in the light of its findings in Butkevich v. Russia, no. 5865/07, §§ 63-65, 13 February 2018, 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; Elvira Dmitriyeva v. Russia, nos. 60921/17 and 7202/18, §§ 77-90, 30 April 2019, as to administrative conviction for making calls to participate in public assemblies; Frumkin v. Russia, no. 74568/12, §§ 93-142, ECHR 2016 (extracts), as to disproportionate measures in respect of participants and organisers of public events; mutatis mutandis, Taranenko v. Russia, no. 19554/05, § 88, 15 May 2014, Mesut Yıldız and Others v. Turkey, no. 8157/10, § 34, 18 July 2017, Kemal Çetin v. Turkey, no. 3704/13, §§ 47-48, 26 May 2020, İmrek v. Turkey, no. 45975/12, §§ 35-38, 10 November 2020, Genov and Sarbinska v. Bulgaria, no. 52358/15, §§ 74-84, 30 November 2021, and Laurijsen and Others v. the Netherlands, nos. 56896/17 and 4 others, §§ 58 and 65-66, 21 November 2023, as to the lack of relevant and sufficient reasons for civil liability for damage caused during peaceful protests; RID Novaya Gazeta and ZAO Novaya Gazeta v. Russia, no. 44561/11, §§ 101-13, 11 May 2021, Karatayev v. Russia [Committee], no. 56109/07, §§ 21-27, 13 July 2021; and OOO Memo v. Russia, no. 2840/10, §§ 35-50, 15 March 2022, as to various interferences with the right to freedom of expression and the lack of relevant and sufficient reasons for those interferences.

  1. REMAINING COMPLAINTS

13.  Some applicants raised further additional complaints. In view of the findings in the paragraphs above, the Court considers that there is no need to deal separately with these remaining complaints.

  1.          APPLICATION OF ARTICLE 41 OF THE CONVENTION

14.  Regard being had to the documents in its possession and to its caselaw (see, in particular, Kuratov and Others v. Russia [Committee], nos. 24377/15 and 2 others, 22 October 2019), the Court considers 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. Holds that Ms Yulia Navalnaya has standing to continue the present proceedings in her late husband’s stead in application no. 6836/20;
  4. Declares the complaint under Article 6 § 1 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;
  5. Holds that these applications disclose a breach of Article 6 § 1 of the Convention concerning the lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings;
  6. 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 appended table);
  7. 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 12 September 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 6 § 1 of the Convention

(lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings)

No.

Application no.

Date of introduction

Applicant’s name

Year of birth

 

Representative’s name and location

Penalty

Date of final domestic decision

Name of court

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.    

74186/17

02/09/2017

Konstantin Aleksandrovich ORLOVSKIY

1990

 

Dmitriy Sergeyevich SANGORSKIY

1971

Zboroshenko Nikolay Sergeyevich

Moscow

10 days of detention

 

 

 

10 days of detention

04/04/2017 Moscow City Court (applicant Orlovskiy)

 

31/03/2017 Moscow City Court (applicant Sangorskiy)

Art. 5 (1) - unlawful detention - on 26-28/03/2017 the applicants’ escorting to and detention in a police station and after compiling offence,

 

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - the applicants were arrested and sentenced to 10-day detention in relation to participation in a protest rally on 26/03/2017.

5,000

to each applicant

  1.    

79077/17

10/11/2017

Ilya Valeryevich YASHIN

1983

Mikhaylova Olga Olegovna

Moscow

 

Peredruk Aleksandr Dmitriyevich

St Petersburg

fine of

RUB 20,000

 

 

10 days of detention

20/04/2021 Moscow City Court

 

20/04/2021 Moscow City Court

Art. 5 (1) - unlawful detention - on 12-13/06/2017, 14/07/2019, 27/07/2019, again on 27-29/07/2019, 18-20/08/2019, 28-29/08/2019, 31/01/2021 and 01/02/2021 escorting to and detention in a police station for and after compiling offence reports;

 

Art. 10 (1) - conviction for making calls to participate in public events - the applicant was arrested (see above) and sentenced, in separate sets of proceedings, to terms of 10-day detention -

 

(i) in relation to forthcoming protest rallies on 14/07/2019 and 15/07/2019 (final decisions respectively on 23/08/2019 and 09/08/2019 by the Moscow City Court); for calling for assemblies on 18-19/07/2019 (final decision on 27/08/2019 by the City Court),

 

(ii) in relation to calling others, each time through a post on his socialnetworking account on 23/07/2019 and 29/07/2019, to participate in forthcoming protest rallies on 27/07/2019 and 03/08/2019 respectively (final decisions on 06/08/2019 and 03/09/2019 respectively by the City Court);

 

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies –

 

(i) the applicant was arrested and sentenced to 15-day detention in relation to failure to comply with a police order to cease participation in a nonnotified protest rally on 12/06/2017 (final decision on 16/06/2017 by City Court),

 

(ii) the applicant was arrested and sentenced to a fine of RUB 20,000 for his participation in the protest rally on 31/01/2021 (final decision on 20/04/2021 by City Court).

10,000

  1.    

38393/18

30/07/2018

Liliya Ayratovna CHANYSHEVA

1982

Zhdanov Ivan Yuryevich

Vilnius

 

Bochilo Anna Yevgenyevna

Barnaul

 

 

 

 

 

4 days of detention

 

18 days of detention

 

5 days of detention

 

10 days of detention

Supreme Court of the Bashkortostan Republic

 

30/01/2018

 

 

11/05/2018

 

 

08/02/2021

 

 

15/02/2021

 

Art. 5 (1) - unlawful detention - on 08-09/05/2018, 23-24/01/2021 and 31/01/2021-01/02/2021 escorting to and detention in a police station for and after compiling offence reports;

 

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

 

(i) the applicant was sentenced to 4-day detention for posting one message on social media on a protest rally on 28/01/2018 (final decision on 30/01/2018 by the Supreme Court of the Bashkortostan Republic),

 

(ii) the applicant was arrested and sentenced to 10-day detention for campaigning for a forthcoming rally against the pension reform on 09/09/2018, by way of distributing leaflets relating to it (final decision on 13/09/2018 by the same court),

 

(iii) in relation to a rally on 23/01/2021:

 

- the applicant was arrested and sentenced to 5-day detention for calls to participate in that forthcoming rally (final decision on 08/02/2021 by the same court),

 

- with reference to the above conviction, in civil proceedings she was ordered to pay jointly with two others over EUR 10,000 (per exchange rate applicable at the time) to the police departments for overtime pay to officers on 23/01/2021 (the damages awards became final and enforceable (due to be paid) following the appeal decisions on 22/02/2022 and 31/03/2022);

 

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - the applicant was arrested (see above) and sentenced to 18-day and 10-day detention for, respectively, participating in and organising the rallies on 05/05/2018 and 31/01/2021 (final decisions on 11/05/2018 and 15/02/2021 by the Supreme Court of the Bashkortostan Republic).

10,000

 in respect of

 both applications

  1.    

48490/18

05/10/2018

  1.    

38479/18

03/08/2018

Ruslan Tabrizovich SHAVEDDINOV

1996

Gimadi Vyacheslav Ilyich

Vilnius

8 days of detention

 

 

30 days of detention

02/02/2018 Moscow City Court (served on the applicant on the following days)

 

31/05/2018 Moscow City Court

 

 

 

Art. 5 (1) - unlawful detention – on 21/05/2018 escorting to a police station for compiling an offence report;

 

Art. 10 (1) - conviction for making calls to participate in public events - in relation to forthcoming protest rallies on 28/01/2018 and 05/05/2018 (final decisions on 02/02/2018 and 31/05/2018 by the Moscow City Court).

5,000

  1.    

41518/18

12/08/2018

Sergey Anatolyevich UKHOV

1985

Mezak Ernest Aleksandrovich

Saint-Barthélemy-d’Anjou

15 days of detention

 

 

5 days of detention

17/09/2018

Perm Regional Court

 

26/01/2021

 Perm Regional Court

Art. 5 (1) - unlawful detention – (i) on 08-10/09/2018 escorting to and detention in a police station for and after compiling an offence report, (ii) on 23/01/2021 escorting to a police station for compiling an offence report;

 

Art. 10 (1) - conviction for making calls to participate in public events – on 21/01/2021 the applicant posted a video on a social-networking platform on a forthcoming rally on 23/01/2021; he was arrested and sentenced to 5-day detention (final decision on 26/01/2021 by the Perm Regional Court);

 

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - the applicant was sentenced to 30 hours of community work in relation to participation in a political meeting on 24/11/2017 (final decision on 12/02/2018 by the Perm Regional Court).

5,000

  1.    

43206/18

24/08/2018

Aleksandr Yuryevich URUSOV

1989

Glukhov Aleksey Vladimirovich

Novocheboksarsk

3 days of detention

27/02/2018

Supreme Court of the Chuvashia Republic

Art. 10 (1) - restriction on freedom of expression for displaying a totalitarian symbol - the applicant was sentenced to 3-day detention for images with the swastika (such as a cartoon-type pony with that symbol) on his social-networking account (RID Novaya Gazeta and ZAO Novaya Gazeta v. Russia, no. 44561/11, 11 May 2021, and Karatayev v. Russia [Committee], no. 56109/07, 13 July 2021).

5,000

  1.    

44097/18

31/08/2018

Denis Aleksandrovich MIKHAYLOV

1996

Peredruk Aleksandr Dmitriyevich

St Petersburg

25 days of detention

(applicant Mikhaylov)

 

fine of RUB 300,000

(applicant Mikhaylov)

 

 

9 days of detention

(applicant Litvin)

 

 

fine of RUB 20,000

(application Litvin)

07/03/2018

St Petersburg City Court

 

 

06/09/2018

St Petersburg City Court

 

 

10/05/2018

St Petersburg City Court

 

 

29/03/2019

St Petersburg City Court

 

 

 

 

 

Art. 5 (1) - unlawful detention - on 02/03/2018 applicant Mikhaylov’s escorting to a police station for compiling an offence report;

 

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies –

 

(i) applicant Mikhaylov was arrested and sentenced to 25-day detention in relation to a protest rally on 28/01/2018 (Art. 20.2 of CAO; final decision on 07/03/2018the by St Petersburg City Court); he was also sentenced to a fine of RUB 300,000 for reposting a message on his social-networking account on 05/05/2018, thereby acting as an organiser of the protests on that day (Art. 20.2 of CAO; final decision on 06/09/2018 by the City Court respectively);

 

(ii) applicant Litvin was sentenced to 9-day detention for participation in a procession through Neva Avenue in St Petersburg on 05/05/2018 (Art. 19.3 of CAO, final decision on 10/05/2018 by the St Petersburg City Court); he was also sentenced to a fine of RUB 20,000 for posting a message on Twitter about a rally planned (but not then held) at Palace Square on 05/05/2018, thereby acting as a de facto organiser of the protests elsewhere in the city on that day (Art. 20.2 of CAO; final decision on 29/03/2019 by the City Court),

 

(iii) the applicants were ordered to pay over EUR 97,000 (per exchange rate applicable at the time) for damage caused by others to city lawns in Aleksander Garden and Winter Palace garden in St Petersburg on 05/05/2018 (final decisions on 10/02/2020 (Litvin) and 07/08/2020 (Mikhaylov) by the Supreme Court of Russia).

for all applications:

 

Non-pecuniary damage:

 

9,500

to Mr Mikhaylov;

 

6,500

to Mr Litvin

 

Costs and expenses:

 

3,000

for legal costs, to be paid directly to Mr Peredruk, as requested

  1.    

8672/19

29/01/2019

Zhdanov Ivan Yuryevich

Vilnius

 

  1.  

55512/18

10/11/2018

Bogdan Gennadyevich LITVIN

1994

Peredruk Aleksandr Dmitriyevich

St Petersburg

  1.  

38241/19

04/07/2019

  1.  

38483/20

10/08/2020

  1.  

52031/20

31/10/2020

Denis Aleksandrovich MIKHAYLOV

1996

  1.  

38510/19

03/07/2019

Kirill Vladimirovich YAROSLAVTSEV

1996

Tomilov Nikita Sergeyevich

Berlin

3 days of detention

23/05/2019

Sverdlovsk Regional Court

 

3,000

  1.  

51469/19

23/09/2019

Vladimir Stanislavovich MILOV

1972

Peredruk Aleksandr Dmitriyevich

St Petersburg

15 days of detention

 

 

 30 days of detention

31/07/2019 Moscow City Court

 

31/07/2019 Moscow City Court

Art. 5 (1) - unlawful detention - on 27-29/07/2019 escorting to and detention in a police station for compiling offence reports,

 

 Art. 10 (1) - various restrictions on the right to freedom of expression:

 

(i) the applicant was sentenced to 30-day detention for calling others, during a webcast on 25/07/2019, to participate in a rally for fair elections to Mosgorduma on 27/07/2019 (Art. 20.2 of CAO; final decision on 31/07/2019 by the Moscow City Court);

 

(ii) the applicant’s webcast on 27/07/2019 was terminated, he was arrested and sentenced to 15-day detention for failure to comply with an order to admit the police to the premises (Art. 19.3 of CAO; final decision on 31/07/2019 by Moscow City Court);

 

(iii) relying on the above administrative conviction under Art. 20.2 of CAO (and similar convictions against others, see also application no. 6836/20 below), in civil proceedings the applicant and several others were ordered to pay jointly over EUR 120,000 (per exchange rate applicable at the time) to: the Moscow public enterprise "Automobile roads" on account of providing the police with trucks for blocking passage on roads; to the Moscow police department and the National Guard for overtime-work pay to officers and diesel for vehicles; to the Moscow city enterprise "Mosgortrans" on account of lost profits relating to disruption of road traffic on 27/07/2019; to the Moscow city enterprise "Moscow metro" on account of their decision to reinforce the on-duty personnel presence on that day; to a private catering company for lost profits because of the rally on 27/07/2019 (final decisions on 30/10/2020, 27/11/2020, 04/12/2020, 19/05/2021, 08/07/2021 and 16/08/2021 by the Supreme Court of Russia).

13,000

 

 

  1.  

54669/19

10/10/2019

Georgiy Valentinovich ALBUROV

1989

 

Lyubov Eduardovna SOBOL

1987

 

Gimadi Vyacheslav Ilyich

Vilnius

 

 

10 days of detention (Alburov)

 

 

 

fine of RUB 300,000

(Sobol)

 

fine of RUB 300,000

(Sobol)

 

 

8 days of detention

(Stepanov)

 

 

 5 days of detention

(Stepanov)

 

 

30 days of detention (Navalnyy)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

07/08/2019 Moscow City Court

 

 

 

20/11/2019

Moscow City Court

 

10/10/2019

Moscow City Court

 

 

20/08/2019 Moscow City Court

 

 

04/03/2021 Moscow City Court

 

 

30/07/2019 Moscow City Court

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Art. 5 (1) - unlawful detention –

 

(i) on 27/07/2019 applicant Sobol’s escorting to a police station for compiling an offence report in relation to calls for participation in a rally on that date; on 03/08/2019 and 10/08/2019 her escorting to a police station for compiling offence reports in relation to the protest rallies on 15/07/2019 and 03/08/2019 respectively,

 

(ii) on 24/07/2019 Navalnyy’s escorting to and detention in a police station for and after compiling an offence report and during the trial;

 

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

 

(i) applicant Navalnyy was arrested on 24/07/2019 and sentenced to 30-day detention for calling others, during a rally on 20/07/2019 and on social media on the same day, to participate in another rally to be held on 27/07/2019 (final decision on 30/07/2019 by the Moscow City Court);

 

(ii) applicant Stepanov was arrested and sentenced to 8-day detention and 5-day detention in relation to forthcoming protest rallies on 27/07/2019 and 23/01/2021 (final decisions on 20/08/2019 and 04/03/2021 by the Moscow City Court),

 

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies:

 

(i) applicant Sobol was arrested (see above) and sentenced to three fines of RUB 300,000 in relation to:

- the rally for fair elections to Mosgorduma held on 15/07/2019 (final decision on 20/11/2019 by the Moscow City Court);

- her online posts (identified by the police on 20/07/2019) calling for participation, on 27/07/2019, in the rally for fair elections to Mosgorduma (final decision on 10/10/2019 by the Moscow City Court);

- the rally for fair elections to Mosgorduma on 03/08/2019 (final decision on 22/11/2019 by the Moscow City Court);

 

(ii) applicant Alburov was sentenced to 10-day detention in relation to the rally for fair elections to Mosgorduma on 03/08/2019 (final decision on 07/08/2019 by the Moscow City Court);

 

(iii) with reference to their CAO convictions for the rally on 03/08/2019, applicants Sobol and Alburov were ordered to pay jointly over EUR 85,000 (per exchange rate applicable at the time) to the Moscow public enterprise "Mosgortrans" on account of lost profits caused by delays in public transportation; to the Moscow public enterprise "Automobile roads" on account of complying with the police order to provide them with trucks to block pedestrian passage, the presence of garbage and cost of dealing with damaged lawns and bushes; to the Moscow metro enterprise on account of overtime pay to its personnel; to the Moscow police department on account of overtime/additional pay incurred in relation to that rally (final decisions on 12/04/2021, 18/06/2021 and 15/10/2021 by the Supreme Court of Russia);

 

(iv) relying on the administrative convictions concerning the rally on 27/07/2019 (see Uvarkina and Others v. Russia [Committee], nos. 70089/12 and 40 others, 13 April 2023 for Zhdanov, and above for Navalnyy, Sobol and Stepanov), they were ordered, each time together with other people (see application no. 51469/19 above), to pay jointly over EUR 100,000 (per exchange rate applicable at the time): to the Moscow enterprise "Automobile roads", the Moscow enterprise "Mosgortrans", the Moscow city enterprise "Moscow metro" and the Moscow police department on account of overtime/additional pay (final decisions on 27/10/2020, 27/11/2020, 04/12/2020 and 08/10/2021 by the Supreme Court of Russia).

for all applications:

 

14,000

to Ms Sobol

 

 

6,500

to Mr Alburov

 

 

6,500

to Mr Navalnyy, to be paid to Ms Y. Navalnaya;

 

 

6,500

to Mr Stepanov

 

 

3,500

to Mr Zhdanov

 

 

 

  1.  

34584/20

05/06/2020

Lyubov Eduardovna SOBOL

1987

Pomazuyev Aleksandr Yevgenyevich

Vilnius

  1.  

1808/20

27/12/2019

Oleg Olegovich STEPANOV

1992

  1.  

6836/20

29/01/2020

Aleksey Anatolyevich NAVALNYY

1976

 

Oleg Olegovich STEPANOV

1992

 

Georgiy Valentinovich ALBUROV

1989

 

Ivan Yuryevich ZHDANOV

1988

 

Lyubov Eduardovna SOBOL

1987

 

Mikhaylova Olga Olegovna

Moscow

 

 

 

 

 

Pomazuyev Aleksandr Yevgenyevich

Vilnius

  1.  

19135/20

16/05/2019

Lyubov Eduardovna SOBOL

1987

 

Pomazuyev Aleksandr Yevgenyevich

Vilnius

  1.  

17903/20

30/03/2020

Olga Mikhaylovna BOYEVA

2000

Pomazuyev Aleksandr Yevgenyevich

Vilnius

fine of RUB 20,000

26/11/2019 Moscow City Court

Art. 5 (1) - unlawful detention - on 03/08/2019 escorting to a police station for compiling an offence report;

 

Art. 10 (1) - various restrictions on the right to freedom of expression – on account of her unlawful and disproportionate arrest in the context of her presence at a protest rally on 03/08/2019.

4,000

  1.  

30571/20

03/07/2020

Grigoriy Sergeyevich MOROZOV

1998

Bayeva Aleksandra Nikolayevna

Moscow

fine of RUB 15,000

02/10/2019 Moscow City Court

 (served on the applicant on the following days)

Art. 5 (1) - unlawful detention - on 27/07/2019 escorting to a police station for compiling an offence report;

 

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - the applicant was arrested and sentenced to a fine of RUB 15,000 in relation to participation in a rally on 27/07/2019.

4,000

  1.  

16354/21

02/03/2021

Stanislav Yuryevich KALINICHENKO

1982

 

Yelizaveta Sergeyevna SLAVINSKAYA

2000

 

Pomazuyev Aleksandr Yevgenyevich

Moscow

7 days of detention (applicant Kalinichenko)

29/01/2021 Kemerovo Regional Court

Art. 5 (1) - unlawful detention - on 23/01/2021 applicant Kalinichenko’s escorting to a police station for compiling an offence report in relation to his calls, published on 19/01/2021 and identified by the police on 20/01/2021, to participate in a rally on 23/01/2021;

 

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

 

(i) applicant Kalinichenko was arrested and sentenced to 7-day detention in relation to the rally on 23/01/2021 (final decision on 29/01/2021 by Kemerovo Regional Court),

 

(ii) with reference to administrative convictions, in civil proceedings the applicants and several others were ordered to pay jointly, EUR 9,000 (per exchange rate applicable at the time) (in part, as regards the rally on 23/01/2021) to the police departments for over-time pay to officers and diesel expenses for their vehicles (appeal decisions on 15/02/2022 and 19/05/2022, following which the above awards were final and enforceable; last decisions on 20/09/2022 and 09/11/2022 by the Supreme Court of Russia).

5,000

to Mr Kalinichenko;

 

 

3,500

to Ms Slavinskaya

  1.  

18647/21

23/03/2021

Daniil Andreyevich MARKELOV

1992

 

Sergey Andreyevich BOYKO

1983

 

Kirill Sergeyevich LEVCHENKO

1982

 

Yelena Vladimirovna NOSKOVETS

1984

 

Vyacheslav Dmitriyevich YAKIMENKO

2001

 

 

 

 

 

Pomazuyev Aleksandr Yevgenyevich

Vilnius

 

 

Nechayeva Olga Yuryevna

Novosibirsk

10 days of detention (applicant Markelov)

19/02/2021 Novosibirsk Regional Court

Art. 5 (1) - unlawful detention - on 23/01/2021 applicant Markelov’s escorting to a police station for compiling an offence report;

 

Art. 10 (1) - conviction for making calls to participate in public events – applicant Markelov was arrested on 23/01/2021 and sentenced to 10-day detention for an Instagram post (identified by the police on 21/01/2021) about a forthcoming rally on 23/01/2021 (final decision on 19/02/2021 by the Novosibirsk Regional Court; other applicants’ similar applications

nos. 47513/18, 30342/19 and 41802/21);

 

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - relying on their administrative convictions, in civil proceedings the applicants and two others were ordered to pay jointly over EUR 27,000 (per exchange rate applicable at the time) to the regional police department on account of overtime pay to police officers in relation to the rally on 23/01/2021 (the appeal decision on 23/06/2022 when the damages award became final and enforceable, last decision on 25/05/2023 by the Supreme Court of Russia).

5,000

to Mr Markelov

 

 

7,500

to Mr Boyko

 

 

3,500

to Mr Levchenko

 

 

3,500

to Ms Noskovets

 

 

3,500

to Mr Yakimenko

 

 

 

 

  1.  

26284/21

29/04/2021

Damir Nailyevich MANZHUKOV

1986

Kabirov Rushan Rafisovich

Kazan

13 days of detention

 

 

 

 

 

4 days of detention

26/01/2021

Supreme Court of the Tatarstan Republic

 

12/06/2021

Supreme Court of the Tatarstan Republic

 

Art. 5 (1) - unlawful detention - (i) on 21-22/01/2021 and 08-09/06/2021 escorting to and detention in a police station for and after compiling an offence report,

(ii) on 09/05/2021 escorting to a police station for compiling an offence report;

 

Art. 10 (1) - various restrictions on the right to freedom of expression – the applicant was sentenced to a fine of RUB 70,000 for hooliganism on account of posting on YouTube videos containing, inter alia, allegedly offensive statements against a public agency (Rospotrebnadzor) in connection with COVID-related regulations (Art. 20.1 of CAO, final decision on 14/07/2021 by the Supreme Court of the Tatarstan Republic) (OOO Memo v. Russia, no. 2840/10, 15 March 2022).

6,000

  1.  

61357/21

26/11/2021

Semen Valeryevich LOPUKHOV

1997

Memorial Human Rights Centre

Moscow

fine of RUB 10,000

27/05/2021 Moscow City Court

Art. 5 (1) - unlawful detention - on 02/02/2021 escorting to and detention in a police station for compiling an offence report;

 

Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies – the applicant was arrested and sentenced to a fine of RUB 10,000 for participation in a rally on 02/02/2021 (final decision on 27/05/2021 by the Moscow City Court).

4,000

 

 


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