CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 1 juin 2023
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- ECLI:CEDH:001-225694
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- 1 juin 2023
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- 1 juin 2023
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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 } .s3290EF65 { height:115.15pt } .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 } .s38B25D7A { height:29.15pt } .sF6A12959 { width:33%; height:1px; text-align:left } .s5FFF0A7E { margin-top:0pt; margin-bottom:0pt; font-size:8pt } Published on 26 June 2023   FIFTH SECTION Application no.   41853/21 Anton Sergeyevich NADAREYSHVILI against Russia and 34 other applications (see list appended) PROCEDURAL INFORMATION Following a preliminary examination of the admissibility of the applications on 1 June 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     41853/21* 02/08/2021 Anton Sergeyevich NADAREYSHVILI 1992   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 § 6.1 of CAO detention for 10 days Moscow City Court 05/02/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 3.05   p.m. on 31/01/2021 and 7.50 p.m. on 01/02/2021 [1] ;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings [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 the trial the police officers on whose written statements the applicant’s conviction was based [3] ;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO [4] .     41855/21* 02/08/2021 Grigoriy Valentinovich TURINTSEV 1980   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow   02/02/2021 article 20.2 § 6.1 of CAO detention for 10 days Moscow City Court 09/02/2021 Art. 3 - inadequate conditions of detention during transport - van, 02/02/2021, overcrowding (22 people), inadequate temperature [5] ;   Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 11.45 p.m. on 02/02/2021 and 6.30 p.m. on 03/02/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - unfair trial in administrative offence proceedings (refusal to summon witnesses for the defence requested by the applicant and to allow evidence in support of the applicant’s account of events (video and photos of the events); participation in the examination of the case by the appeal court by video link which prevented the applicant from discussing the details of his case confidentially with his lawyer; inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based) [6] ;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.     42088/21* 04/08/2021 Artem Vladimirovich ALBUTOV 1990   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 § 6.1 of CAO detention for 8 days Moscow City Court 24/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 3.00   p.m. on 31/01/2021 and 8.00 p.m. on 01/02/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   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 the trial the police officers on whose written statements the applicant’s conviction was based;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.     42093/21* 04/08/2021 Vitaliy Borisovich RAZORENOV 1989   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 § 6.1 of CAO detention for 12 days Moscow City Court 05/02/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 3.00   p.m. on 31/01/2021 and 12.30 p.m. on 01/02/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   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 the trial the police officers on whose written statements the applicant’s conviction was based;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.     42094/21* 04/08/2021 Anastasiya Aleksandrovna PISKUN 1995   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 § 6.1 of CAO detention for 7 days Moscow City Court 04/02/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 2.40   p.m. on 31/01/2021 and 7.50 p.m. on 01/02/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   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 the trial the police officers on whose written statements the applicant’s conviction was based;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.     42097/21* 04/08/2021 Sergey Aleksandrovich LUSHCHIK 1996   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow   02/02/2021 article 20.2 § 6.1 of CAO detention for 10 days Moscow City Court 26/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 11.50 p.m. on 02/02/2021 and noon on 03/02/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) – unfair trial in administrative offence proceedings (refusal to allow evidence in support of the applicant’s account of events (video and photos of the events in question); inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based);   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.     42292/21* 04/08/2021 Vyacheslav Yuryevich GRICHKOV 1997   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 § 6.1 of CAO detention for 8 days Moscow City Court 16/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 1.40   p.m. on 31/01/2021 and 8.05 p.m. on 01/02/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   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 the trial the police officers on whose written statements the applicant’s conviction was based;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.     42311/21* 04/08/2021 Dmitriy Nikolayevich DANDYKIN 1992   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 § 6.1 of CAO detention for 13 days Moscow City Court 08/02/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 1.30   p.m. on 31/01/2021 and 5.00 p.m. on 01/02/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - unfair trial in administrative offence proceedings (refusal to allow the applicant’s lawyer to enter the police station at the time of the applicant’s arrest; inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based);   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.     43753/21* 26/08/2021 Darya Vladimirovna SUKHOVA 1995   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow   23/01/2021 article 20.2 § 5 of CAO fine of RUB   20,000 Moscow City Court 02/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 3.19   p.m. and 11.58 p.m. on 23/01/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - unfair trial in administrative offence proceedings (refusal to allow evidence (video record) in support of the applicant’s account of events; inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based).   43790/21* 26/08/2021 Artur Vladimirovich KIUSHKIN 1998   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Saransk   21/04/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Supreme Court of the Republic of Chuvashia 04/06/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station between 8.10 p.m. on 21/04/2021 and 1.30 a.m. on 22/04/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   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 the trial the police officers on whose written statements the applicant’s conviction was based.   43796/21* 26/08/2021 Filipp Antonovich FORTUNKOV 1990   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 § 6.1 of CAO fine of RUB   20,000 Moscow City Court 30/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 4.14   p.m. on 31/01/2021 and 5.30 p.m. on 02/02/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) – unfair trial in administrative offence proceedings (refusal of the court to summon defence witnesses; inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based).   43805/21 26/08/2021 Raushaniya Ilgizovna STEGLENKO 1983   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Magnitogorsk   31/01/2021 article 20.2 § 5 of CAO fine of RUB   13,000 Chelyabinsk Regional Court 31/03/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record between 1.05 p.m. and 4.15 p.m. on 31/01/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   43815/21 26/08/2021 Dmitriy Andreyevich LYSKOV 1982   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Beryozniki   31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Perm Regional Court 22/04/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record between 12.15 p.m. and 3.30 p.m. on 31/01/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   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 the trial the police officers on whose written statements the applicant’s conviction was based.   43828/21* 26/08/2021 Kseniya Alekseyevna UYMANOVA 2000   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Vladivostok   31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Primorye Regional Court 15/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 12.05 p.m. and 7.00 p.m. on 31/01/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   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 the trial the police officers on whose written statements the applicant’s conviction was based.   43850/21* 10/08/2021 Leonid Mikhaylovich SHEKHTMAN 1995   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 § 6.1 of CAO detention for 7 days Moscow City Court 10/02/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 12.40 p.m. on 31/01/2021 and 4.37 p.m. on 01/02/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   43859/21* 10/08/2021 Yegor Alekseyevich BALYKO 1997   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 § 6.1 of CAO detention for 12 days Moscow City Court 04/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police for compiling an offence record between 5.50 p.m. on 31/01/2021 and 8:30 p.m. on 01/02/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   43861/21* 10/08/2021 Yevgeniy Sergeyevich BARABASH 1995   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 § 6.1 of CAO detention for 15 days Moscow City Court 10/02/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 5.30   p.m. on 31/01/2021 and 3.20 p.m. on 01/02/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - unfair trial in administrative offence proceedings (refusal of the court to grant the applicant’s request to adduce evidence in support of his account of events; inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based; the applicant’s lawyer was not allowed to represent him in the first-instance court hearing);   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   44002/21* 30/08/2021 Aleksandr Sergeyevich POPKOVICH 1997   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 § 6.1 of CAO detention for 10 days Moscow City Court 02/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 6.15   p.m. on 31/01/2021 and 6.00 p.m. on 01/02/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   44093/21* 30/08/2021 Dmitriy Anatolyevich YEPISHCHEV 1987   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow   23/01/2021 article 20.2 § 5 of CAO fine of RUB   15,000 Moscow City Court 12/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 2:30   p.m. on 23/01/2021 and 0:20 a.m. on 24/01/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   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 the trial the police officers on whose written statements the applicant’s conviction was based.   44100/21* 30/08/2021 Irina Vasilyevna ORESHKINA 1977   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 12/03/2021 Art. 5 (1) - unlawful detention - escorting to detention at the police station for compiling an offence report between 4.40   p.m. and 11.20 p.m. on 31/01/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   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 the trial the police officers on whose written statements the applicant’s conviction was based.   47172/21* 07/09/2021 Aleksey Markovich TOVSHTEYN 1969   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   St Petersburg   31/01/2021 article 20.2.2 § 1 of CAO fine of RUB   10,000 St Petersburg City Court 09/03/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - unfair trial in administrative offence proceedings (denial of opportunity to adduce evidence in support of the applicant’s account of events (video records of his arrest); inability to cross-examine in the trial two police officers on whose written statements the applicant’s conviction was based).   47174/21* 07/09/2021 Marina Sergeyevna KLIVETSKAYA 1975   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Omsk   23/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Omsk Regional Court 06/04/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine eyewitness Sh.   47202/21* 16/09/2021 Yuliya Vladimirovna REZNIKOVA 1972   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Taganrog   31/01/2021 article 20.2.2 § 1 of CAO fine of RUB   10,000 Rostov Regional Court 17/03/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   47227/21* 16/09/2021 Yevgeniy Viktorovich LIDZHIYEV 1991   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 § 6.1 of CAO detention for 8 days Moscow City Court 16/03/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record on 31/01/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (c) - unfair criminal proceedings due to lack of legal representation - refusal to allow the applicant’s lawyer to step in at the time of the compiling of the administrative offence record on 31/01/2021 in the police station.   47229/21* 16/09/2021 Petr Alekseyevich STRYAKHNIN 1997   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB   15,000 Moscow City Court 17/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 1.30   p.m. and 9.10 p.m. on 31/01/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   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 the trial the police officers on whose written statements the applicant’s conviction was based.   48036/21* 09/09/2021 Yefim Ilyich MATUSHKIN 2001   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow   02/02/2021 article 20.2 § 5 of CAO fine of RUB   20,000 Moscow City Court 10/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 12.00 p.m. on 02/02/2021 and 01.00 a.m. on 03/02/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   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 the trial the police officers on whose written statements the applicant’s conviction was based.   48104/21* 09/09/2021 Yakov Mikhaylovich PODMAREV 2002   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow   02/02/2021 article 20.2 § 5 of CAO fine of RUB   20,000 Moscow City Court 10/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report between 11.00 a.m. on 02/02/2021 and 12 a.m. on 03/02/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   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 the trial the police officers on whose written statements the applicant’s conviction was based.   48155/21 24/09/2021 Kirill Olegovich SAVCHENKOV 1987   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB   15,000 Moscow City Court 19/05/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 3.30   p.m. on 31/01/2021 and 00.03 a.m. on 01/02/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   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 the trial the police officers on whose written statements the applicant’s conviction was based.   48158/21 24/09/2021 Aleksandra Aleksandrovna SAZONOVA 1996   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow   23/01/2021 article 20.2 § 5 of CAO fine of RUB   20,000 Moscow City Court 02/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 3.30 p.m. on 23/01/2021 and 12 a.m. on 24/01/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   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 the trial the police officers on whose written statements the applicant’s conviction was based.   48172/21* 24/09/2021 Gennadiy Alekseyevich STEPANCHIKOV 1973   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 § 6.1 of CAO fine of RUB   15,000 Moscow City Court 06/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 2.30   p.m. on 31/01/2021 and noon on 02/02/2021; Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - unfair trial in administrative offence proceedings - (refusal of a request to adduce evidence in support of the applicant’s account of events (video and photo records of his arrest); inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.     48195/21* 24/09/2021 Aleksandr Sergeyevich OSIN 1997   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow   02/02/2021 article 20.2 § 6.1 of CAO fine of RUB   10,000 Moscow City Court 02/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 11.30 p.m. on 02/02/2021 and 3.00 p.m. on 03/02/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   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 the trial the police officers on whose written statements the applicant’s conviction was based.   48197/21* 24/09/2021 Yevgeniy Olegovich ZHIDILEV 1990   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow   02/02/2021 article 20.2 § 5 of CAO fine of RUB   15,000 Moscow City Court 12/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 11:30 p.m. on 02/02/2021 and 5:00 a.m. on 03/02/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   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 the trial the police officers on whose written statements the applicant’s conviction was based.   48204/21* 24/09/2021 Mariyem Shakhidovna SAYEDA 2001   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   St Petersburg   31/01/2021 article 20.2.2 § 1 of CAO fine of RUB   10,000 St Petersburg City Court 20/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 2.00   p.m. on 31/01/2021 and 03.45 a.m. on 01/02/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   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 the trial the police officers on whose written statements the applicant’s conviction was based.   48206/21 24/09/2021 Vlada Yuryevna AKHMANOVA 2001   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Cheboksary   23/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Supreme Court of the Republic of Chuvashia 30/03/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record on 23/01/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   48215/21 24/09/2021 Yekaterina Valeryevna BABUTSKAYA 1993   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Taganrog   31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Rostov Regional Court 29/03/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record between 11.15 a.m. and 5.30 p.m. on 31/01/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - unfair trial in administrative offence proceedings - refusal of the court to allow evidence in support of the applicant’s account of events (video and photos of the events in question); inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.   [1] 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. [2] Karelin v. Russia , no. 926/08, §§ 58-85, 20 September 2016. [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. [4] Martynyuk v. Russia , no. 13764/15, §§ 38-42, 8 October 2019. [5] Tomov and Others v. Russia , nos. 18255/10 and 5 others, §§   123-28, 9 April 2019. [6] Kasparov and Others v. Russia (no. 2) , no. 51988/07, §§ 48-51, 13 December 2016.Citations
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Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;COMMUNICATEDCASES;ENG
- Date
- 1 juin 2023
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:001-225694
Données disponibles
- Texte intégral
- Résumé officiel