CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 4 mai 2023
- ECLI
- ECLI:CEDH:001-224972
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- 4 mai 2023
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- 4 mai 2023
droits fondamentauxCEDH
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.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 } .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 } .sA4BC3E2E { font-family:Arial; font-size:5.33pt; vertical-align:super; color:#000000 } .s2FAB089D { height:83.9pt } .s6CC5F4F3 { height:124.45pt } .s3B53EBCA { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify; font-size:7pt } .sF6A12959 { width:33%; height:1px; text-align:left } .s5FFF0A7E { margin-top:0pt; margin-bottom:0pt; font-size:8pt } Published on 30 May 2023   SECOND SECTION Application no.   57518/22 Mariya Andreyevna BOBROVA against Russia and 24 other applications (see list appended) PROCEDURAL INFORMATION Following a preliminary examination of the admissibility of the applications on 4 May 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 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 charges Penalty Final domestic decision Court Name Date Other complaints under well-established case-law     57518/22 13/11/2022 Mariya Andreyevna BOBROVA 2003     Anti-war protest   Moscow 06/03/2022 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 21/07/2022 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 5 of CAO [1] ;   Art. 5 (1) - unlawful deprivation of liberty - arrest at 3.30 p.m. and escorting to the police station on 06/03/2022 for the 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 achieve the objectives set out in the CAO; detention at the police station from 4.45 p.m. to 9 p.m. after the offence report was compiled [2] ;   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 police officers on whose written statements the applicant’s conviction was based [3] .     40/23 10/11/2022 Dmitriy Konstantinovich KAZAK 1998     Anti-war protest   Moscow 06/03/2022 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 11/07/2022 Art. 5 (1) - unlawful deprivation of liberty - arrest at 2.25 p.m. and escorting to the police station on 06/03/2022 for the 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 achieve the objectives set out in the CAO; detention at the police station in excess of three hours after the offence report was compiled (from 7.30 p.m. to 11.54 p.m.);     Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 5 of CAO;   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 police officers on whose written statements the applicant’s conviction was based.     42/23* 23/11/2022 Andrey Anatolyevich PETRITSKIY 1955     Anti-war protest   Moscow 06/03/2022 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 29/08/2022 Art. 5 (1) - unlawful deprivation of liberty - arrest at 2.15 p.m. and escorting to the police station on 06/03/2022 for the 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 achieve the objectives set out in the CAO; detention at the police station in excess of three hours after the report was compiled (from 3.40 p.m. on 06/03/2022 to 2.33 a.m. on 07/03/2022); Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 5 of CAO; 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 police officers on whose written statements the applicant’s conviction was based.     70/23* 11/11/2022 Yelena Vladimirovna UKUSOVA 1971     Anti-war protest   Moscow 06/03/2022 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 13/07/2022 Art. 5 (1) - unlawful deprivation of liberty - arrest at 4.20 p.m. and escorting to the police station on 06/03/2022 for the 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 achieve the objectives set out in the CAO; detention at the police station after the offence report was compiled (from 5.20 p.m. to 9.10 p.m.);   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 5 of CAO;   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 police officers on whose written statements the applicant’s conviction was based.     901/23* 29/11/2022 Valentina Nikolayevna KORSHIKOVA 1996 Yuliya Valeryevna Malinina Moscow Anti-war protest   Moscow 06/03/2022 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 29/07/2022 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 5 of CAO;   Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 06/03/2022 for the purpose of drawing up a record of administrative offence: no evidence / assessment that it was impracticable, on the spot, to compile the offence report and achieve the objectives set out in the CAO (arrested at 3.30   p.m., brought to the police station at 4.40 p.m. and released at 7.30 p.m.);   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 police officers on whose written statements the applicant’s conviction was based.     1184/23 25/11/2022 Anisiya Yevgenyevna BORISENKO 1994     Anti-war protest   Moscow 06/03/2022 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 25/07/2022 Art. 5 (1) - unlawful deprivation of liberty - arrest at 4.40 p.m. and escorting to the police station on 06/03/2022 for the 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 achieve the objectives set out in the CAO; detention at the police station in excess of three hours after the report was compiled (from 5.40 p.m. to 9.25 p.m.);   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 5 of CAO;   Art. 6 (1) - unfair criminal proceedings - the courts refused to summon defence witnesses and to adduce videos/photos upon the applicant’s request who wanted to prove that the protest had been peaceful;   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 police officers on whose written statements the applicant’s conviction was based.     1194/23* 08/12/2022 Yevgeniy Mikhaylovich MENDELEV 1983     Anti-war protest   Moscow 06/03/2022 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 09/08/2022 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 5 of CAO;   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 police officers on whose written statements the applicant’s conviction was based;   Art. 6 (1) - unfair criminal proceedings - the courts refused to summon defence witnesses and to adduce videos/photos upon the applicant’s request who wanted to prove that he had not participated in the protest but had been arrested while walking nearby.     1203/23 29/11/2022 Anatoliy Igorevich LOGACHEV 1990     Anti-war protest   Moscow 06/03/2022 article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 09/09/2022 Art. 5 (1) - unlawful deprivation of liberty - arrest at 2.30 p.m. and escorting to the police station on 06/03/2022 for the 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 achieve the objectives set out in the CAO; detention at the police station in excess of three hours after the offence report was compiled (from 3.30 p.m. on 06/03/2022 to 12.10 a.m. on 07/03/2022);   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 5 of CAO;   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 police officers on whose written statements the applicant’s conviction was based.     1515/23 21/12/2022 Denis Leonidovich BELYAKOV 1968     Anti-war protest   Moscow 06/03/2022 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 25/08/2022 Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 06/03/2022 for the purpose of drawing up a record of administrative offence: no evidence / assessment that it was impracticable, on the spot, to compile the offence report and achieve the objectives set out in the CAO (arrested at 3.15   p.m., brought to the police station at 4 p.m. and released at 10.15 p.m.);   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 5 of CAO;   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 police officers on whose written statements the applicant’s conviction was based; the appeal court’s refusal to summon and examine defence witnesses who could have supported the applicant’s account of events.   1693/23* 04/12/2022 Anastasiya Alekseyevna NIKONOROVA 1997 Oleg Vladimirovich Filatchev Moscow Anti-war protest   Moscow 06/03/2022 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 05/08/2022 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 5 of CAO.   1694/23 16/12/2022 Yevgeniya Yevgenyevna SMIRNOVA 1991     Anti-war protest   Moscow 06/03/2022 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 23/08/2022 Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 06/03/2022 for the purpose of drawing up a record of administrative offence: no evidence / assessment that it was impracticable, on the spot, to compile the offence report and achieve the objectives set out in the CAO (arrested at 3.45   p.m., brought to the police station at 5.05 p.m. and released at 9.15 p.m.);   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 5 of CAO;   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 police officers on whose written statements the applicant’s conviction was based.   1701/23* 30/11/2022 Rafael Ruslanovich SADRTDINOV 1995     Anti-war protest   Moscow 06/03/2022 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 03/08/2022 Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 06/03/2022 for the purpose of drawing up a record of administrative offence: no evidence / assessment that it was impracticable, on the spot, to compile the offence report and achieve the objectives set out in the CAO (arrested at 4.20   p.m. and brought to the police station at 6.40 p.m. on 06/03/2022, released at 12.30 a.m. on 07/03/2022);   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 5 of CAO;   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 police officers on whose written statements the applicant’s conviction was based.   1779/23* 17/12/2022 Anna Pavlovna BYCHENKOVA 1996     Anti-war protest   Moscow 06/03/2022 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 31/08/2022 Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 06/03/2022 for the purpose of drawing up a record of administrative offence: no evidence / assessment that it was impracticable, on the spot, to compile the offence report and achieve the objectives set out in the CAO (arrested at 3.30   p.m., brought to the police station at 4.45 p.m. and released at 8.10 p.m.);   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 5 of CAO;   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 police officers on whose written statements the applicant’s conviction was based.   4248/23 26/12/2022 Kirill Alekseyevich DMITRIYEV 1995     Anti-war protest   Moscow 06/03/2022 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 07/09/2022 Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 06/03/2022 for the purpose of drawing up a record of administrative offence: no evidence / assessment that it was impracticable, on the spot, to compile the offence report and achieve the objectives set out in the CAO (arrested at 3.05   p.m. and brought to the police station at 3.30 p.m. on 06/03/2022, released at 12 a.m. on 07/03/2022);   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 5 of CAO;   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 police officers on whose written statements the applicant’s conviction was based.   4469/23* 29/12/2022 Valeriy Anatolyevich VOVK 1967     Anti-war protest   Moscow 06/03/2022 article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 31/08/2022 Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to the police station on 06/03/2022 for the 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 achieve the objectives 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 under Article 20.2 § 5 of CAO;   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 police officers on whose written statements the applicant’s conviction was based.   4801/23* 06/01/2023 Maksim Anatolyevich KONNYCHEV 1991     Anti-war protest   Moscow 06/03/2022 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 07/09/2022 Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to the police station on 06/03/2022 for the 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 achieve the objectives 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 under Article 20.2 § 5 of CAO.   5092/23 03/01/2023 Roman Sergeyevich POZDNYAKOV 1990     Anti-war protest   Moscow 06/03/2022 article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 13/09/2022 Art. 5 (1) - unlawful deprivation of liberty - arrest at 2.50 p.m. and escorting to the police station on 06/03/2022 for the 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 achieve the objectives set out in the CAO; detention at the police station in excess of three hours after the offence record was compiled (from 4.30 p.m. on 06/03/2022 to 2.45 a.m. on 07/03/2022);   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 5 of CAO;   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 police officers on whose written statements the applicant’s conviction was based.   5096/23 15/12/2022 Leonid Pavlovich VARFOLOMEYEV 1996     Anti-war protest   Moscow 06/03/2022 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 15/08/2022 Art. 5 (1) - unlawful deprivation of liberty - arrest at 2.15 p.m. and escorting to the police station on 06/03/2022 for the 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 achieve the objectives set out in the CAO, detention at the police station in excess of three hours after the offence record was compiled (from 3.25 p.m. to 7.20 p.m. on 06/03/2022);   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 5 of CAO;   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 police officers on whose written statements the applicant’s conviction was based.   5113/23* 10/12/2022 Yekaterina Valentinovna NOVIKOVA 1952     Anti-war protest   Moscow 06/03/2022 article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 17/08/2022 Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to the police station on 06/03/2022 for the 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 achieve the objectives 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 under Article 20.2 § 5 of CAO,   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 police officers on whose written statements the applicant’s conviction was based.   5117/23* 04/01/2023 Mstislav Igorevich BABCHENKO 1994     Anti-war protest   Moscow 06/03/2022 article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 05/09/2022 Art. 5 (1) - unlawful deprivation of liberty - arrest at 2.30 p.m. and escorting to the police station on 06/03/2022 for the 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 achieve the objectives set out in the CAO; detention at the police station in excess of three hours after the offence report was compiled (from 4.20 p.m. on 06/03/2022 to 12.30 a.m. on 07/03/2022);   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - under Article 20.2 §   5 of CAO;   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 police officers on whose written statements the applicant’s conviction was based.   5832/23* 12/01/2023 Yevgeniy Valeryevich ROMANOVSKIY 1995     Anti-war protest   Moscow 06/03/2022 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 15/09/2022 Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to the police station on 06/03/2022 for the 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 achieve the objectives 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 under Article 20.2 § 5 of CAO;   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 police officers on whose written statements the applicant’s conviction was based.   6011/23* 20/12/2022 Danila Vasilyevich CHURMANTEYEV 1975     Anti-war protest   Moscow 06/03/2022 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 29/08/2022 Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to the police station on 06/03/2022 for the 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 achieve the objectives 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 under Article 20.2 § 5 of CAO.   6751/23 21/12/2022 Anastasiya Mikhaylovna KOSTYUKHINA 1990     Anti-war protest   Moscow 06/03/2022 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 23/08/2022 Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 06/03/2022 for the 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 achieve the objectives set out in the CAO (arrested at 3.40   p.m., brought to the police station at 5.10 p.m. and released at 10.10   p.m.);   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 5 of CAO;   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 police officers on whose written statements the applicant’s conviction was based.   6762/23* 06/01/2023 Dmitriy Aleksandrovich ZRAZHEVSKIY 1982     Anti-war protest   Moscow 06/03/2022 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 07/09/2022 Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 06/03/2022 for the purpose of drawing up a record of administrative offence: no evidence / assessment that it was impracticable, on the spot, to compile the offence report and achieve the objectives set out in the CAO; detention at the police station in excess of 3 hours after the offence report was compiled (arrested at 2.30 p.m. and brought to the police station at 4 p.m. on 06/03/2022, released at 1.30 a.m. on 07/03/2022);   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 5 of CAO;   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 police officers on whose written statements the applicant’s conviction was based.   7265/23 26/10/2022 Dmitriy Igorevich PEYCH 1985     Anti-war protest   Moscow 06/03/2022 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 27/06/2022 Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 06/03/2022 for the 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 achieve the objectives set out in the CAO (arrested at 3.30   p.m., brought to the police station at 4.45 p.m. and released at 9.15 p.m.);   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 5 of CAO;   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 police officers on whose written statements the applicant’s conviction was based.   [1] Karelin v. Russia , no. 926/08, §§ 58-85, 20 September 2016. [2] 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. [3] Schatschaschwili v. Germany [GC], no. 9154/10, §§ 100-31, ECHR 2015, and Murtazaliyeva v. Russia [GC], no. 36658/05, §§ 150-59, 18 December 2018.Citations
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Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;COMMUNICATEDCASES;ENG
- Date
- 4 mai 2023
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:001-224972
Données disponibles
- Texte intégral
- Résumé officiel