CEDH · CASELAW;JUDGMENTS;COMMITTEE;ENG — 21 mars 2024
- ECLI
- ECLI:CE:ECHR:2024:0321JUD003922221
- Date
- 21 mars 2024
- Publication
- 21 mars 2024
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source officielleViolation of Article 11 - Freedom of assembly and association (Article 11-1 - Freedom of peaceful assembly);Violation of Article 6 - Right to a fair trial (Article 6 - Criminal proceedings;Article 6-1 - Impartial tribunal);Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention);Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect);Violation of Article 2 of Protocol No. 7 - Right of appeal in criminal matters (Article 2 of Protocol No. 7 - Review of conviction)
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RUSSIA (Applications nos. 39222/21 and 25 others – see appended list)             JUDGMENT   STRASBOURG 21 March 2024   This judgment is final but it may be subject to editorial revision. In the case of Progunov and Others v. Russia, The European Court of Human Rights (Third Section), sitting as a Committee composed of:   Peeter Roosma , President ,   Ioannis Ktistakis,   Andreas Zünd , judges , and Viktoriya Maradudina, Acting Deputy Section Registrar, Having deliberated in private on 22 February 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 disproportionate measures taken against them as organisers or participants of public assemblies. The applicants, except for Ms Kuzmina, application no. 49671/21, also raised other complaints under the provisions of the Convention and its Protocol. THE LAW 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. 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, §§   68 ‑ 73, 17   January 2023). ALLEGED VIOLATION OF ARTICLE   11 OF THE CONVENTION 7.     The applicants complained principally of disproportionate measures taken against them as organisers or participants of public assemblies, namely their arrest in relation to the dispersal of these assemblies and their conviction for administrative offences. They relied, expressly or in substance, on Article   11 of the Convention. 8.     The Court refers to the principles established in its case-law regarding freedom of assembly (see Kudrevičius and Others v.   Lithuania [GC], no.   37553/05, ECHR 2015, with further references) and proportionality of interference with it (see Oya Ataman v.   Turkey , no.   74552/01, ECHR   2006 ‑ XIV, and Hyde Park and Others v.   Moldova , no.   33482/06, 31   March 2009). 9.     In the leading cases of 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, the Court already found a violation in respect of issues similar to those in the present case. 10.     Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion as to the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the interferences with the applicants’ freedom of assembly were not “necessary in a democratic society”. 11.     These complaints are therefore admissible and disclose a breach of Article 11 of the Convention. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW 12.     The applicants, except for Ms Kuzina, application no. 49671/21, 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. 13.     Having examined all the material before it, the Court concludes that these complaints also disclose violations of the Convention and its Protocol in the light of its findings in Karelin v. Russia , no. 926/08, §§ 58-85, 20   September 2016, concerning the absence of a prosecuting party in the proceedings under the Code of Administrative Offences (the CAO); 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 of organisers or participants of public assemblies; Tomov and Others v. Russia , nos. 18255/10 and 5 others, §§ 114-42, 9 April 2019, as regards the condition of transport of detainees; Martynyuk v. Russia , no. 13764/15, §§ 38-42, 8 October 2019, relating to the lack of suspensive effect of an appeal against the sentence of administrative detention. REMAINING COMPLAINTS 14.     Some applicants raised further additional complaints under Article 6 of the Convention concerning the fairness of the administrative-offence proceedings. In view of the findings in paragraphs above, the Court considers that there is no need to deal separately with these remaining complaints. APPLICATION OF ARTICLE 41 OF THE CONVENTION 15.     Regard being had to the documents in its possession and to its case ‑ law (see in particular Navalnyy and Others v. Russia [Committee], nos.   25809/17 and 14 others, §   22, 4   October 2022), the Court finds it reasonable to award the sums indicated in the appended table. FOR THESE REASONS, THE COURT, UNANIMOUSLY, Decides to join the applications; Holds that it has jurisdiction to deal with these applications as they relate to facts that took place before 16   September 2022; Declares the complaints under Article 11 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 under Article 6 of the Convention; Holds that these applications disclose a breach of Article   11 of the Convention; Holds that there has been a violation of the Convention and the Protocol thereto as regards the other complaints raised under the well-established case-law of the Court (see appended table); 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 21 March 2024, pursuant to Rule   77   §§   2 and   3 of the Rules of Court.   Viktoriya Maradudina   Peeter Roosma   Acting Deputy Registrar   President       APPENDIX 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 charges Penalty Final domestic decision Court Name Date Other complaints under well-established case-law Amount awarded for pecuniary and non ‑ pecuniary damage and costs and expenses per applicant (in euros) [1]     39222/21 28/07/2021 Andrey Dmitriyevich PROGUNOV 1998 Memorial Human Rights Centre Moscow Manifestation in support of Navalnyy   Moscow 31/01/2021 article 20.2 § 6.1 of CAO detention of 10 days Moscow City Court 04/02/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 3.40   p.m. on 31/01/2021 to 10 p.m. on 01/02/2021, for the sole purpose of drawing up an administrative offence record, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 04/02/2021,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - immediate enforcement of the administrative arrest ordered by the first-instance court 5,000     40195/21 27/07/2021 Dmitriy Ivanovich GUZOV 2000 Shindyapin Arkadiy Vitalyevich Moscow Manifestation in support of Navalnyy   Moscow 31/01/2021 article 20.2 § 6.1 of CAO detention of 10 days Moscow City Court 05/02/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 5.10   p.m. on 31/01/2021 to 01/02/2021 in excess of 3   hours for the sole purpose of drawing up a record of administrative offence, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative ‑ offence proceedings - Final decision: Moscow City Court, 05/02/2021,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 01/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO 5,000     40415/21 24/07/2021 Aleksandr Sergeyevich SAVINOV 1989 Shimovolos Sergey Mikhaylovich Nizhniy Novgorod Manifestation in support of Navalnyy   Nizhniy Novgorod 31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Nizhniy Novgorod Regional Court 10/06/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 12.15   p.m. to 6 p.m. on 31/01/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative ‑ offence proceedings - Final decision: Nizhniy Novgorod Regional Court, 10/06/2021 4,000     40845/21 02/08/2021 Vadim Nabilevich MAKOVEYEV 1992 Eysmont Mariya Olegovna Moscow Manifestation in support of Navalnyy   Moscow 31/01/2021 article 20.2 § 6.1 of CAO detention of 7 days Moscow City Court 04/02/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 5 p.m. on 31/01/2021 to 12.50 p.m. on 01/02/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative ‑ offence proceedings - Final decision: Moscow City Court, 04/02/2021   5,000     41251/21 27/07/2021 Sergey Vasilyevich LOGINOV 1981 Aksenova Darya Dmitriyevna Kolomna Manifestation in support of Navalnyy   Moscow 31/01/2021 article 20.2 § 6.1 of CAO detention of 12 days Moscow City Court 12/02/2021 Art. 3 - inadequate conditions of detention during transport - 31/01-02/02/2021, van, overcrowding, no access to potable water, no access to food, 23   persons spent a night in van, no sleeping places,   Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 3 p.m. on 31/01/2021 to 01/02/2021 for the sole purpose of drawing up an administrative offence record and bringing the applicant to the court, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative ‑ offence proceedings - Final decision: Moscow City Court, 12/02/2021 5,000     41304/21 31/07/2021 Yelena Mikhaylovna VOTCHITSEVA 1991 Eysmont Mariya Olegovna Moscow Manifestation in support of Navalnyy   Moscow 31/01/2021 article 20.2 § 6.1 of CAO detention of 8 days Moscow City Court 05/02/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention took place from 2 p.m. on 31/01/2021 to 11.50 a.m. on 01/02/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative ‑ offence proceedings - Final decision: 05/02/2021, Moscow City Court   5,000     41468/21 31/07/2021 Mark Yevgenyevich VDOVICHENKO 1996 Eysmont Mariya Olegovna Moscow Manifestation in support of Navalnyy   Moscow 31/01/2021 article 20.2 § 8 of CAO detention of 12 days Moscow City Court 10/02/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from about 3   p.m. on 31/01/2021 to 12.45   p.m. on 01/02/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative ‑ offence proceedings - Final decision: Moscow City Court, 10/02/2021 5,000     42479/21 05/08/2021 Vladislav Andreyevich YUNDIN 1998 Memorial Human Rights Centre Moscow Manifestation in support of Navalnyy   Moscow 31/01/2021 article 20.2 § 6.1 of CAO detention of 13 days Moscow City Court 05/02/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 2.30   p.m. on 31/01/2021 to 6.40 p.m. on 01/02/2021 for the sole purpose of drawing up an administrative offence record and bringing the applicant to court hearing, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative ‑ offence proceedings - Final decision: Moscow City Court, 05/02/2021,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - immediate enforcement of the administrative arrest ordered by the first-instance court 5,000     42567/21 09/08/2021 Nika Andreyevna VEDRNIKOVA 1989 Tkachenko Ilya Valeryevich Gatchina Manifestation in support of Navalnyy   St Petersburg 31/01/2021 article 20.2 § 6.1 of CAO detention of 10 days St Petersburg City Court 10/02/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 1.40   p.m. on 31/01/2021 to 11.55   a.m. on 01/02/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative ‑ offence proceedings - Final decision: St Petersburg City Court, 10/02/2021 5,000   43240/21 09/08/2021 Roman Igorevich BATUSOV 1995 Eysmont Mariya Olegovna Moscow Manifestation in support of Navalnyy   Moscow 31/01/2021 article 20.2 § 6.1 of CAO detention of 10 days Moscow City Court 10/02/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 4 p.m. on 31/01/2021 to 3.30 p.m. on 01/02/2021 for the sole purpose of drawing up an administrative offence record and bringing the applicant to court hearing, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative ‑ offence proceedings - Final decision: Moscow City Court, 10/02/2021 5,000   45838/21 02/09/2021 Dmitriy Yevgenyevich PLAKSIN 1989 Pomazuyev Aleksandr Yevgenyevich Vilnius Manifestation in support of Navalnyy   Nizhniy Novgorod 31/01/2021 article 20.2 § 6.1 of CAO fine of RUB 10,000 Nizhniy Novgorod Regional Court 17/03/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 12.25   p.m. on 31/01/2021 to 01/02/2021 for the sole purpose of drawing up an administrative offence record and bringing the applicant to the court, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative ‑ offence proceedings - Final decision: Nizhniy Novgorod Regional Court, 17/03/2021 4,000   45996/21 08/09/2021 Samat Serkbayevich MURZAGALIYEV 2000 Pomazuyev Aleksandr Yevgenyevich Moscow Manifestation in support of Navalnyy   Saratov 23/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Saratov Regional Court 23/03/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 5.40   p.m. to 8.40 p.m. on 23/01/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative ‑ offence proceedings - Final decision: Saratov Regional Court, 23/03/2021 4,000   46419/21 03/09/2021 Aleksandr Vyacheslavovich LITVINOV 1998 Karagodina Veronika Yuryevna St Petersburg Manifestation in support of Navalnyy   St Petersburg 31/01/2021 article 20.2 § 6.1 of CAO detention of 5 days St Petersburg City Court 09/03/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 4 p.m. on 31/01/2021 to 6.20 p.m. on 01/02/2021 for the sole purpose of drawing up a record of administrative offence and bringing the applicant to court hearing, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative ‑ offence proceedings - Final decision: St   Petersburg City Court, 09/03/2021 5,000   46712/21 11/09/2021 Polina Sergeyevna KUSKOVA 2000 Memorial Human Rights Centre Moscow Manifestation in support of Navalnyy   Kirov   23/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Kirov Regional Court 11/03/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative ‑ offence proceedings - Final decision: Kirov Regional Court, 11/03/2021 3,500   46780/21 12/08/2021 Grigoriy Vyacheslavovich SEMKIN 1990 Memorial Human Rights Centre Moscow Manifestation in support of Navalnyy   Vladimir 23/01/2021 article 20.2 § 6.1 of CAO fine of 10,000 RUB Vladimir Regional Court 01/03/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative ‑ offence proceedings - Final decision: Vladimir Regional Court, 01/03/2021 3,500   46846/21 14/09/2021 Arevik Grachikovna KHARAZYAN 1998 Eysmont Mariya Olegovna Moscow Manifestation in support of Navalnyy   Moscow 02/02/2021 article 20.2 § 6.1 of CAO detention of 10 days Moscow City Court 22/03/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 11.30   p.m. on 02/02/2021 to 1.37   p.m. on 03/02/2021 for the sole purpose of drawing up a record of administrative offence and bringing the applicant to the court hearing, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative ‑ offence proceedings - Final decision: Moscow City Court, 22/03/2021 5,000   47044/21 04/09/2021 Viktoriya Viktorovna GUSHCHINA 1989 Bochilo Anna Yevgenyevna Barnaul Manifestation in support of Navalnyy   Anapa 23/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Krasnodar Regional Court 17/03/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 4.10   p.m. to 8.30 p.m. on 23/01/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative ‑ offence proceedings - Final decision: Krasnodar Regional Court, 17/03/2021 4,000   47489/21 05/09/2021 Yasmina Sabitovna OMEROVICH 1998 Tevosov Georgiy Eduardovich Moscow Manifestation in support of Navalnyy   Moscow 23/01/2021 article 20.2 § 5 of CAO fine of 20,000 RUB Moscow City Court 12/04/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative ‑ offence proceedings - Final decision: Moscow City Court, 12/04/2021   3,500   48045/21 20/09/2021 Yuriy Alekseyevich PROTSENKO 1961 Martynova Tatyana Georgiyevna Pskov Manifestation in support of Navalnyy   Pskov 23/01/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Pskov Regional Court 22/03/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 2 p.m. to unspecified time on 23/01/2021 for the sole purpose of drawing a record of administrative offence, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative ‑ offence proceedings - Final decision: Pskov Regional Court, 22/03/2021 4,000   49509/21 01/10/2021 Anatoliy Sergeyevich MAVRENKOV 1995 Pomazuyev Aleksandr Yevgenyevich Vilnius Manifestation in support of Navalnyy   Murmansk 23/01/2021 article 20.2 § 2 of CAO fine of RUB 20,000 Murmansk Regional Court 12/04/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention after the demonstration for the sole purpose of drawing a record of administrative offence, and bringing the applicant to the court hearing, raised on appeal 4,000   49518/21 14/09/2021 Yevgeniy Vladimirovich TUMANIS 1982 Mikhaylova Varvara Dmitriyevna St Petersburg Manifestation in support of Navalnyy   Blagoveschensk 23/01/2021 article 20.2 § 5 of CAO, and 20.6.1 § 1 of CAO fines of RUB 10,000 and 5,000 Amur Regional Court, 17/03/2021 and 25/03/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 2.30   p.m. to about 7 p.m. on 23/01/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative ‑ offence proceedings – in the proceedings leading to the sentence of the administrative fine of RUB   10,000, on 25/03/2021, by the Amur Regional Court 4,000   49671/21 16/09/2021 Kseniya Aleksandrovna KUZMINA 1990 Nurgaleyev Danil Ilnurovich Kazan Manifestation in support of Navalnyy   Kazan 31/01/2021 article 20.2 § 5 of CAO fine of 10,000 RUB Supreme Court of the Republic of Tatarstan 31/03/2021   3,500   49882/21 22/09/2021 Kseniya Anatolyevna GOLUBTSOVA 1990 Bochilo Anna Yevgenyevna Barnaul Manifestation in support of Navalnyy   Moscow 23/01/2021 article 20.2 § 6.1 of CAO fine of RUB 10,000 Moscow City Court 26/04/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 5 p.m. on 23/01/2021 to 7   p.m. on 25/01/2021 for the purpose of drawing a record of administrative offence and bringing the applicant to the court hearing, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative ‑ offence proceedings - Final decision: Moscow City Court, 26/04/2021 4,000   50076/21 23/09/2021 Igor Olegovich GLADKIY 1998 Shindyapin Arkadiy Vitalyevich Moscow Manifestation in support of Navalnyy   Moscow 31/01/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 17/05/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 2 p.m. on 31/01/2021 to 01/02/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative ‑ offence proceedings - Final decision: Moscow City Court, 17/05/2021 4,000   51020/21 01/10/2021 Nikolay Aleksandrovich ZHIGALOV 1990 Aksenova Darya Dmitriyevna Kolomna Manifestation in support of Navalnyy   Moscow 02/02/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 25/05/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 1.30 p.m. to unspecified time on 02/02/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative ‑ offence proceedings - Final decision: Moscow City Court, 25/05/2021 4,000   53165/21 23/09/2021 Aleksey Viktorovich PLOSKAREV 1975 Bushmakov Aleksey Vladimirovich Yekaterinburg Manifestation in support of Navalnyy   Yekaterinburg 23/01/2021 article 20.2 § 5 of CAO 20 hours of community service Sverdlovsk Regional Court 17/06/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 12.00 p.m. to 5.20 p.m. on 23/01/20201 for the sole purpose of drawing a record of administrative offence, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative ‑ offence proceedings - Final decision: Sverdlovsk Regional Court 17/06/2021 4,000     [1] Plus any tax that may be chargeable to the applicants.Articles de loi cités
Citations
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Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;JUDGMENTS;COMMITTEE;ENG
- Formation
- 27
- Date
- 21 mars 2024
- Matière
- droits fondamentaux
Référence
ECLI:CE:ECHR:2024:0321JUD003922221
Données disponibles
- Texte intégral