Published on 2 December 2024
 
THIRD SECTION
Application no. 26009/18
Dmitriy Mikhaylovich KREPKIN against Russia
and 5 other applications
(see table appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 7 November 2024, 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 table, 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 11 of the Convention relating to disproportionate measures against organisers and participants of public assemblies which are the subject of well-established case law of the Court (see 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).
 
APPENDIX – STATEMENT OF FACTS
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
   26009/18*
22/05/2018
Dmitriy Mikhaylovich KREPKIN
1984
 
Ilnur
Ilgizovich Sharapov
Moscow
Opposition rally
 
Moscow
 
26/03/2017
 
article 318 of the Criminal Code - use of force against a representative of the State
3 years of imprisonment
Moscow City Court
26/03/2018
Art. 6 (1) - unfair criminal proceedings (see Yaroslav Belousov v. Russia, nos. 2653/13 and 60980/14, § 182, 4 October 2016)
 
   14154/20
05/03/2020
Yevgeniy Dmitriyevich KOVALENKO
1971
 
Ilnur
Ilgizovich Sharapov
Moscow
Elections to Moscow Duma
 
Moscow
 
27/07/2019
article 318 of the Criminal Code - use of force against a representative of the State
3 years and 6 months of imprisonment
Moscow City Court
17/10/2019
Art. 6 (3) (b) - adequate time/facilities for preparation of defence - the motion of the defence to adjourn the hearing for several days after the examination of evidence was dismissed, the applicant and his lawyer were given 20 min. to prepare their pleadings (see Yaroslav Belousov v. Russia, nos. 2653/13 and 60980/14, § 152, 4 October 2016);
 
Art. 6 (3) (c) - inability to have confidential consultations with a lawyer during the trial, because of a glass compartment (ibid, § 153)
 
   18392/20*
26/03/2020
Kirill
Sergeyevich ZHUKOV
1990
 
Svetlana Nikolayevna Bayturina
Moscow
Elections to Moscow Duma
 
Moscow
 
20/07/2019
article 318 of the Criminal Code - use of force against a representative of the State
3 years of imprisonment
Moscow City Court
09/10/2019
Art. 6 (1) – fair hearing in criminal proceedings: refusal to examine evidence; contradictory statements by witnesses in the absence of proper assessment by the courts;
 
Art. 6 (3) (b) - adequate time/facilities for preparation of defence – use of the glass cabin in the courtroom; videoconference on appeal (ibid, §§ 152-53)
 
   34249/20
30/06/2020
Pavel Gennadyevich USTINOV
1995
 
 Memorial Human Rights Centre
Moscow
Elections to Moscow Duma
 
Moscow
 
03/08/2019
 
article 20.2 § 5 of CAO, article 318 (2) of the Criminal Code - use of force against a representative of the State
3 years and 6 months of imprisonment
Moscow City Court
30/09/2019
Art. 6 (1) - fair hearing in criminal proceedings - the applicant complains about the domestic courts’ failure to examine his argument that the incident was caused by the actions of the officers (ibid, §§ 152-53)
 
 
   35664/20*
29/07/2020
Maksim Alekseyevich MARTINTSOV
1993
 
Svetlana Nikolayevna Bayturina
Moscow
Elections to Moscow Duma
 
Moscow
 
06/06/2019
Article 318 (1) of the Criminal Code - use of force against representatives of the State
2 years and 6 months of imprisonment
Moscow City Court
31/01/2020
Art. 6 (1) - and Art. 6 (3) (b) - unfair trial due to the lack of adequate time and facilities for preparation of the defence – the applicant alleged that his confinement in a glass cage had impeded communication with his lawyer in confidential conditions due to the presence of the bailiffs, and the lack of confidentiality infringed his right to a fair trial.
Invoking Article 6 §§ 1 and 3 (b), he complained of the tight schedule of hearings and of not having had enough time or the necessary facilities to prepare his defence (Yaroslav Belousov, cited above, §§ 139-54).
He further complained of restrictions on his right to consult the relevant documents in his criminal case file and that he had a total of only 7 hours to consult the documents.
 
   50241/22*
13/10/2022
Olga Valeriyevna BENDAS
1985
 
Oksana Vladimirovna Preobrazhenskaya
Strasbourg
Rally "Free Navalnyy"
 
Moscow
 
23/01/2021
article 318 of the Criminal Code - use of force against a representative of the State
2 years of imprisonment
Supreme Court of Russia
16/06/2022
Art. 6 (1) - fair hearing in criminal proceedings - During the trial, on 29/04/2021, the applicant found out that there was a video of the event recorded by the police officers’ body cameras, which had not been examined by the investigation, and which proved that she had falsely confessed to the crime. The court rejected the applicant’s lawyer’s request to examine this evidence and sentenced the applicant to two years’ imprisonment.