Lawyers from the Memorial Human Rights Center prepared and filed complaints with the European Court of Human Rights from three people detained at the anti-corruption rally on March 26 in Moscow.
All of them spent a long time (from an hour to four hours) in a paddy wagon before being taken to police stations. For two of them, the delivery protocol indicates the wrong time - one is later than in reality, the other is earlier. For two, protocols were drawn up regarding participation in an unapproved event (Part 5 of Article 20.2 of the Code of Administrative Offenses), for one - on violation of the procedure for holding an event that resulted in interference with infrastructure (Part 6.1 of Article 20.2 of the Code of Administrative Offenses).
When the cases of the detainees were considered in the Tverskoy District Court, the judges refused to call the police as witnesses. All three were fined 15 thousand rubles, and later the Moscow City Court upheld all these decisions.
In the complaint, the lawyers refer, in particular, tothe decision of the ECHR on the complaint about the detention of politicians Alexei Navalny and Ilya Yashin after a mass event on December 5, 2011 in Moscow, which states that a person detained at an action does not necessarily have to be taken to the police department, since a protocol can be drawn up on the spot. In addition, the decision on the complaint of 23 people about violation of their rights in connection with the 2009–2011 protests is also mentioned. It says that the fact that the organizers of the event failed to coordinate it with the authorities is not sufficient to restrict people's right to freedom of assembly.
According to lawyers, the authorities violated several articles of the European Convention on Human Rights: on the right to freedom and personal security (Part 1, Article 5), on the right to a fair trial (Parts 1, 3, Article 5), on the right to freedom of expression (Article 10) and freedom of assembly (Article 11).
Earlier, lawyers of the Memorial Human Rights Center filed complaints with the ECHR against eleven people detained on March 26 in Moscow. Among the applicants were people subjected to administrative arrest. The detainees complained that the police at the scene did not have identification marks. While they were in paddy wagons, some of them were not allowed to go to the toilet, were not given food or warm clothes, and those left overnight were not given a place to sleep. Some were required to submit fingerprints, although such measures can only be taken for those detained under administrative charges if they have documents.
On October 19, it became known that the European Court had registered complaints from those detained on March 26 in Krasnodar.