CEDH · CASELAW;COMMUNICATEDCASES;ENG — 30 mars 2023

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s40F41F73 { margin-top:0pt; margin-bottom:0pt; text-align:right } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s34DFC730 { margin-top:0pt; margin-bottom:0pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s54AB6003 { margin-top:66pt; margin-bottom:14pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .sE7C30868 { margin-top:12pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s2D9C6089 { margin-top:12pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .sA36B60A1 { font-family:Arial; font-style:italic } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s4ACA9207 { page-break-before:always; clear:both; mso-break-type:section-break } .s6DB91820 { text-align:center } .s8BB62139 { margin-right:auto; margin-left:auto; border-collapse:collapse } .s3695F815 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top; background-color:#dfdfdf } .sDF237D91 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:8pt } .sEECE831 { font-family:Arial; font-weight:bold; color:#474747 } .sAC0756B { height:54.45pt } .sE8934522 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top } .s6B505E72 { margin:0pt; padding-left:0pt } .s4F2ADFDB { text-align:center; font-family:Arial; font-size:8pt; list-style-position:inside } .sBB6163A7 { width:2.48pt; font:7pt 'Times New Roman'; display:inline-block } .sB5B46D70 { height:46.45pt } .s4D98C120 { margin-top:0pt; margin-bottom:6pt; text-align:center; font-size:8pt } .sEB7E884 { height:88.95pt } Published on 24 April 2023   SECOND SECTION Application no.   9837/18 Anatoliy Viktorovich MALOV against Russia and 20 other applications (see list appended) PROCEDURAL INFORMATION Following a preliminary examination of the admissibility of the applications on 30 March 2023, the Court decided, under Rule 54 § 2 (b) of the Rules of Court, that notice of the applications should be given to the Government of Russia. In the applications marked by an asterisk, other complaints were raised. This part of the applications has been struck out of the Court’s list of cases or declared inadmissible by the Court, sitting in a single-judge formation, assisted by a rapporteur as provided for in Article 24 § 2 of the Convention. In the enclosed list of applications, whenever an applicant is referred to using initials, this indicates that the Court has authorised anonymity for that person, whose identity will not be disclosed to the public (Rule 47 § 4). For further information on the procedure following communication of an application brought against Russia, subject of well-established case law of the Court, please refer to the Court’s website . SUBJECT MATTER The applications concern complaints raised under Article 10 § 1 of the Convention relating to disproportionate measures against solo demonstrators which are the subject of well-established case law of the Court (see Novikova and Others v. Russia, nos. 25501/07 and 4 others, 26 April 2016 and Lashmankin and Others v. Russia, nos. 57818/09 and 14 others, 7 February 2017).   APPENDIX – STATEMENT OF FACTS List of applications raising complaints under Article 10 § 1 of the Convention (disproportionate measures against solo demonstrators) No. Application no. Date of introduction Applicant’s name Year of birth Representative’s name and location Location Date Purpose of the demonstration Administrative charges Penalty Final domestic decision Date Name of the court Other relevant information Other complaints under well-established case-law     9837/18 09/02/2018 Anatoliy Viktorovich MALOV 1980   Ivan Yuryevich Zhdanov Vilnius Kazan, 08/07/2017, Distribution of leaflets in support of A. Navalnyy’s intention to run for the President of Russia article 20.2 § 5 of CAO, community service, 30   hours 09/08/2017, Supreme Court of the Republic of Tatarstan distance requirement - event classified as assembly post facto Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings     11452/18* 02/03/2018 Dmitriy Mikhaylovich KLEPIKOV 1983   Konstantin Ilyich Terekhov Moscow "Proletarskaya" Metro station in Moscow, 08/07/2017, Distribution of leaflets in support of A. Navalnyy’s intention to run for the President of Russia article 20.2 § 5 of CAO, fine of RUB 10,000 06/09/2017, Moscow City Court distribution of leaflets held by solo participants simultaneously at several Metro stations considered as a single group event Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings     15399/18* 23/03/2018 Yegor Alekseyevich ARKHAROV 1996   Konstantin Ilyich Terekhov Moscow "Akademicheskaya" Metro station in Moscow, 08/07/2017, Distribution of leaflets in support of A. Navalnyy’s intention to run for the President of Russia article 20.2 § 5 of CAO, fine of RUB 10,000 12/10/2017, Moscow City Court distribution of leaflets held by solo participants simultaneously at several Metro stations considered as a single group event Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to the police station, detention on 08/07/2017 for the sole purpose of drawing up a record of an administrative offence     43614/19* 22/08/2019 Zoya Zinovyevna NIKOLSKAYA 1956       Moscow, 24/04/2019, Picket against onychectomy for cats article 20.2 § 5 of CAO, fine of RUB 10,000 10/07/2019, Moscow City Court   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings     48320/19* 26/08/2019 Gayane Aregovna PETROSYAN 1975   Irina Aleksandrovna Yatsenko Moscow Moscow, 15/09/2018, Picket in support of O.   Sentsov article 20.2 § 5 of CAO, fine of RUB 10,000 26/02/2019, Moscow City Court ban on public events at certain locations - in the vicinity of the residence of the President of Russia Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 15/09/2018 for 3 hours for the sole purpose of drawing up a record of administrative offence: no evidence/ assessment that it was impracticable, on the spot, to compile the offence record and to achieve the goals set out in the CAO,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court the police officers on whose written statements the applicant’s conviction was based     41307/20* 28/08/2020 Tatyana Aleksandrovna CHERNOVA 1964   Oleg Aleksandrovich Yelanchik Moscow Moscow, 07/12/2019, Support of political prisoners (the "Network" case) article 20.2 § 5 of CAO, fine of RUB 10,000 28/02/2020, Moscow City Court ban on public events at certain locations – in the vicinity of the President’s Administration Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 07/12/2019 in excess of three hours, for the sole purpose of drawing up a record of an administrative offence,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings     41415/20 08/09/2020 Sergey Igorevich RYABOV 1992   Konstantin Ilyich Terekhov Moscow Tula, 12/03/2020, Picket against the constitutional amendments article 20.2 § 2 of CAO, fine of RUB 25,000 27/04/2020, Tula Regional Court         31783/21 04/06/2021 Arshak Arturovich MAKICHYAN 1994   Fedor Yevgenyevich Sirosh Moscow Moscow, 17/07/2020, Picket against climate change article 20.6.1 §   1 of CAO, fine of RUB   15,000 04/12/2020, Moscow City Court Conviction for holding a public event in breach of COVID-19 restrictions Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 17/07/2020 for the sole purpose of drawing up an administrative arrest record,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses – inability to cross-examine the police officers on whose written statements the conviction was based     31832/21 07/06/2021 Sergey Nikolayevich ABLEYEV 2002   Irina Yuryevna Ruchko Yekaterinburg Yekaterinburg, 25/07/2020, Picket in support of protesters in Khabarovsk article 20.2 § 5 of CAO, fine of RUB 10,000 08/12/2020, Sverdlovsk Regional Court distance requirement - event classified as assembly post facto Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 25/07/2020 for the sole purpose of drawing up a record of administrative offence (such record compiled on 31/08/2020 only)   32108/21 07/06/2021 Boris Nikolayevich SUPRENOK 1952   Ilya Vladimirovich Sivoldayev Moscow Voronezh, 15/08/2020, Picket in support of political opposition in Belarus article 20.2 § 5 of CAO, fine of RUB 10,000 07/12/2020, Voronezh Regional Court   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   32390/21* 08/06/2021 Yuliya Andreyevna PAVLOVSKAYA 1975       Klin, Moscow Region, 23/01/2021, Picket against air pollution produced by a landfill article 20.2 § 1 of CAO, fine of RUB 10,000 18/02/2021, Moscow Regional Court Conviction for holding a public event in breach of COVID-19 restrictions     33052/21* 06/06/2021 Natalya Sergeyevna MAKAROVA 2000   Aleksey Valeryevich Vlasov Tula Novomoskovsk, Tula Region, 17/08/2020, Support of arrested political activists article 20.6.1 §   1 of CAO, fine of RUB   5,000 30/11/2020, Tula Regional Court Conviction for holding a public event in breach of COVID-19 restrictions Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   33388/21* 09/06/2021 Yekaterina Alekseyevna BAZHANOVA 1975   Aleksandr Sergeyevich Lokhmutov Moscow Moscow, 18/06/2020, Picket in support of K.   Kotov article 20.6.1 §   1 of CAO, fine of RUB   15,000 10/12/2020, Moscow City Court Conviction for holding a public event in breach of COVID-19 restrictions Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention for three hours on 18/06/2020 for the sole purpose of drawing up a record of an administrative offence (the record of administrative offence was drawn only on 04/08/2020),   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   34973/21* 20/06/2021 Maksim Vladimirovich MAKEYCHIK 1991   Anna Yevgenyevna Bochilo Barnaul Kaliningrad, 21/08/2020, Picket in support of A.   Navalnyy article 20.2 § 5 of CAO, fine of RUB 10,000 16/02/2021, Kaliningrad Regional Court rotation - event classified as assembly post facto Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   35419/21 22/06/2021 Saule Kabashyevna SHAYNAZAROVA 1963   Lawyers of former Memorial Human Rights Centre Moscow Moscow, 01/09/2020, Solo demonstration "to attract attention to socio-political problems" (the applicant claims she did not take part in that event) article 20.2 § 5 of CAO, fine of RUB 10,000 24/12/2020, Moscow City Court the courts found that the applicant took part in a picket held by two persons Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 01/09/2020 for the sole purpose of drawing up a record of administrative offence,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court the police officers on whose written statements the applicant’s conviction was based   37336/21* 05/07/2021 Nailya Maratovna MULLAYEVA 1995   Danil Ilnurovich Nurgaleyev Kazan Kazan, 21/08/2020, Support of A.   Navalnyy article 20.2 § 2 of CAO, fine of RUB 20,000 31/03/2021, Supreme Court of Tatarstan Republic rotation - event classified as assembly post facto Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 21/08/2020 for the sole purpose of drawing up a record of administrative offence   38542/21* 17/07/2021 Ronald Arkadyevich AYRAPETYAN 1999   Aleksandr Vasilyevich Popkov Sochi Sochi, 10/11/2020,   Picket against long-lasting presidency of V. Putin article 20.2 § 2 of CAO, administrative detention of   4 days,   article 19.3 § 1 of CAO, fine of RUB 500 25/01/2021, Krasnodar Regional Court (art.   20.2-2 of CAO)   27/01/2021, Krasnodar Regional Court (art.   19.3 of CAO)   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of administrative-offence proceedings,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 11/11/2020 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO   38913/21 22/07/2021 Natalya Valentinovna REMIZOVA 1959   Lawyers of former Memorial Human Rights Centre Moscow Moscow, 30/05/2020, Support of arrested journalist I. Azar article 20.2 § 5 of CAO, fine of RUB 10,000 16/02/2021, Moscow City Court rotation - event classified as assembly post facto Art. 5 (1) - unlawful deprivation of liberty   - arrest and detention on 30/05/2020 for the sole purpose of drawing up a record of administrative offence (such record compiled on 11/06/2020 only),   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 issue (see Tsukanov and Torchinskiy v. Russia [Committee ], nos. 35000/13 and 35010/13, §§ 48-51, 17 April 2018) - arrest, conviction for participation in a series of solo pickets on 30/05/2020 in a group of no less than 10   participants,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   39359/21 20/07/2021 Sofya Andreyevna ULYASHEVA 1994   Varvara Dmitriyevna Mikhaylova St Petersburg St Petersburg, 28/05/2020, Support of arrested journalist I. Azar article 8.6.1 § 2 of the law of St   Petersburg "On administrative offences in St   Petersburg" of 31 May 2010, fine of RUB   4,000 21/01/2021, St   Petersburg City Court Conviction for holding a public event in breach of COVID-19 restrictions Art. 5 (1) - unlawful deprivation of liberty - arrest at 7.40   p.m. on 28/05/2020, escorting to a police station, detention there in excess of three hours for the sole purpose of drawing up a record of administrative offence,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   13125/22* 17/02/2022 Aleksandra Andreyevna IVANOVA 1993   Lawyers of former Memorial Human Rights Centre Moscow Moscow, 04/11/2020, Support of the "Russian March" and drawing attention to alleged ill-treatment in detention of Mr   Martsinkevich article 20.6.1 §   1 of CAO, fine of RUB   15,000 23/08/2021, Moscow City Court Conviction for holding a public event in breach of COVID-19 restrictions Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention between 4.40   p.m. and 7.00 p.m. on 04/11/2020 for the sole purpose of drawing up a record of the administrative offence;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   49818/22* 14/10/2022 Irina Yevgenyevna MUZYKA 1978   Anna Tamazovna Kudinova Colmar Korolev, 17/04/2022, Protest against   the war in Ukraine article 20.3.3 §   1 CAO, fine of RUB 35,000 16/06/2022, Moscow Regional Court conviction of discreditation of the Russian armed forces Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to the police station, detention on 17/04/2022 for the sole purpose of drawing up a record of an administrative offence,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - unfair trial in administrative offence proceedings - inability to submit evidence in defence of the applicant’s version of events on an equal footing with the prosecution (see, mutatis mutandis, Navalnyy v.   Russia [GC ], nos. 29580/12 and 4 others, §§   83‑84, 15   November 2018) - the courts’ refusal to commission a linguistic expert examination to establish whether the text on the applicant’s poster ("World without special operation") amounted to discreditation of the Russian armed forces