The Supreme Court of the Russian Federation granted a petition of the High Commissioner for Human Rights in Russia, having restored the right of citizen M. to a fair trial.
Mr M. was accused of committing an administrative offence; he participated in unauthorised picketing as a part of a group of people on 11 May 2015. Despite the fact that Mr M. was picketing independently, which was proved by the evidence and photos made by his daughter, the Tverskoy District Court of Moscow and the Moscow City Court found him guilty and obliged to pay the fine in amount of 13,000 rubles.
Following the complaint of Mr M., the High Commissioner petitioned the Supreme Court to examine the legitimacy of the decisions on bringing the complainant to administrative liability. The analysis of the court decisions revealed that the courts failed to take measures to examine the case comprehensively, fully and impartially. In particular, the administrative offence and administrative arrest reports, as well as police staff reports indicate only the circumstances of the arrest and not the previous events; the police staff and the witnesses who were present during the drawing up of the procedural documents were not interrogated by the court.
The Supreme Court agreed with the High Commissioner’s arguments and overruled all the previous judgments because of the lack of evidence they were based on. The proceedings were closed.