CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 29 juin 2023
- ECLI
- ECLI:CEDH:001-226120
- Date
- 29 juin 2023
- Publication
- 29 juin 2023
droits fondamentauxCEDH
Source : DILA / Judilibre · open data
Mes notes
privées · visibles par vous seulRésumé structuré
version préliminaireFaits
Non déterminable à partir du texte fourni.
Procédure
Non déterminable à partir du texte fourni.
Question juridique
Non déterminable à partir du texte fourni.
Solution
source officielleCommunicated
Résumé généré automatiquement — à vérifier avec la décision originale.
Analyse IA non disponible
Générez un résumé intelligent de cette décision
Texte intégral
.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 } Published on 24 July 2023   FIRST SECTION Application no.   25870/21 Vladimir Aleksandrovich GRYAZEV against Russia and 28 other applications (see list appended) PROCEDURAL INFORMATION Following a preliminary examination of the admissibility of the applications on 29 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     25870/21* 01/05/2021 Vladimir Aleksandrovich GRYAZEV 1993 Nikolay Sergeyevich Zboroshenko Mytishchi Rally in support of A. Navalnyy   Moscow   23/01/2021 Article 20.2 § 6.1 of CAO administrative detention of 10 days Moscow City Court 29/01/2021 Art. 5 (1) - unlawful deprivation of liberty – arrest, escorting to a police station, detention between 23/01/2021 and 25/01/2021 as administrative suspect, after the offence record had been drawn up: no evidence/assessment of any “exceptional circumstances” under the CAO,   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 open court police officer on whose written statements the applicant’s conviction was based.     25879/21* 01/05/2021 German Gennadyevich GUROV 1971 Nikolay Sergeyevich Zboroshenko Mytishchi Rally in support of A. Navalnyy   Moscow   23/01/2021 Article 20.2 § 6.1 of CAO administrative detention of 10 days Moscow City Court 29/01/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention between 23/01/2021 and 25/01/2021 as administrative suspect;   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 open court police officer on whose written statements the applicant’s conviction was based.     25925/21* 01/05/2021 Aleksey Andreyevich STAVTSEV 1990 Nikolay Sergeyevich Zboroshenko Mytishchi Rally in support of A. Navalnyy   Moscow   23/01/2021 Article 20.2 § 6.1 of CAO administrative detention of 10 days Moscow City Court 29/01/2021 Art. 5 (1) - unlawful deprivation of liberty – arrest, escorting to a police station and detention between 23/01/2021 and 25/01/2021 as administrative suspect;   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 open court police officers on whose written statements the applicant’s conviction was based.     25926/21* 01/05/2021 Vasiliy Nikolayevich FILATOV 1987 Nikolay Sergeyevich Zboroshenko Mytishchi Rally in support of A. Navalnyy   Moscow   23/01/2021 Article 20.2 § 6.1 of CAO administrative detention of 10 days Moscow City Court 29/01/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention between 23/01/2021 and 25/01/2021 as administrative suspect;     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 open court police officers on whose written statements the applicant’s conviction was based.     25927/21* 01/05/2021 Yevgeniy Aleksandrovich SOROKIN 1988 Nikolay Sergeyevich Zboroshenko Mytishchi Rally in support of A. Navalnyy   Moscow   23/01/2021 Article 20.2 § 6.1 of CAO administrative detention of 10 days Moscow City Court 29/01/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention between 23/01/2021 and 25/01/2021 as administrative suspect;   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 open court police officers on whose written statements the applicant’s conviction was based.     25931/21* 07/05/2021 Sergey Alekseyevich OSHCHEPKOV 1999 Nikolay Sergeyevich Zboroshenko Mytishchi Rally in support of A. Navalnyy   Moscow   31/01/2021 Article 20.2 § 6.1 of CAO administrative detention of 15 days Moscow City Court 05/02/2021 Art. 5 (1) - unlawful deprivation of liberty – arrest, escorting to a police station and detention between 31/01/2021 and 01/02/2021 as administrative suspect;   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 an open court the police officers on whose written statements the applicant’s conviction was based.     26045/21* 01/05/2021 Petr Aleksandrovich KOLOBAYEV 1999 Nikolay Sergeyevich Zboroshenko Mytishchi Rally in support of Navalnyy   Moscow   23/01/2021 Article 20.2 § 6.1 of CAO administrative detention of 10 days Moscow City Court 29/01/2021 Art. 5 (1) - unlawful deprivation of liberty – arrest, escorting to a police station and detention between 23/01/2021 and 25/01/2021 as administrative suspect;   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 an open court the police officers on whose written statements the applicant’s conviction was based.     26704/21* 01/05/2021 Yegor Vyacheslavovich BITINKOV 2020 Nikolay Sergeyevich Zboroshenko Mytishchi Rally in support of A. Navalnyy   Moscow   23/01/2021 Article 20.2 § 6.1 of CAO administrative detention of 8 days Moscow City Court 29/01/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention between 23/01/2021 and 25/01/2021 as administrative suspect;   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 an open court the police officers on whose written statements the applicant’s conviction was based.     26787/21* 01/05/2021 Aleksandr Yevgenyevich BOGACHEV 2000 Nikolay Sergeyevich Zboroshenko Mytishchi Rally in support of A. Navalnyy   Moscow   23/01/2021 Article 20.2 § 6.1 of CAO administrative detention of 10 days Moscow City Court 29/01/2021 Art. 5 (1) - unlawful deprivation of liberty – arrest, escorting to a police station and detention between 23/01/2021 and 25/01/2021 as administrative suspect;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence;   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 an open court the police officers on whose written statements the applicant’s conviction was based.   27834/21* 01/05/2021 Mikhail Aleksandrovich NAYDANOV 1986 Nikolay Sergeyevich Zboroshenko Mytishchi Rally in support of A. Navalnyy   Moscow   23/01/2021 Article 20.2 § 6.1 of CAO administrative detention of 10 days Moscow City Court 29/01/2021 Art. 5 (1) - unlawful deprivation of liberty – arrest, escorting to a police station and detention between 23/01/2021 and 25/01/2021 as administrative suspect;   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 an open court the police officers on whose written statements the applicant’s conviction was based.   28173/21* 11/05/2021 Sofya Mikhaylovna BYKOVA 1995 Nikolay Sergeyevich Zboroshenko Mytishchi Rally in support of A. Navalnyy   Moscow   02/02/2021 Article 20.2 § 6.1 of CAO administrative detention of 5 days Moscow City Court 09/02/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention between 02/02/2021 and 03/02/2021 as administrative suspect;   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 open court police officer on whose written statements the applicant’s conviction was based.   28180/21* 11/05/2021 Grigoriy Aleksandrovich VAYSBERG 2000 Nikolay Sergeyevich Zboroshenko Mytishchi Rally in support of A. Navalnyy   Moscow   02/02/2021 Article 20.2 § 6.1 of CAO administrative detention of 8 days Moscow City Court 09/02/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention between 02/02/2021 and 03/02/2021 as administrative suspect;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence;   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 officer on whose written statements the applicant’s conviction was based.   35656/21* 25/06/2021 Marianna Yuryevna ZHUKOVA   Nikolay Sergeyevich Zboroshenko Mytishchi Rally in support of A. Navalnyy   Moscow   02/02/2021 Article 20.2 § 6.1 of CAO administrative detention of 12 days Moscow City Court 02/03/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention on 03/02/2021 as administrative suspect;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   35657/21* 25/06/2021 Yelizaveta Alekseyevna POVYSHEVA 2000 Nikolay Sergeyevich Zboroshenko Mytishchi Rally in support of A. Navalnyy   Moscow   02/02/2021 Article 20.2 § 6.1 of CAO administrative detention of 12 days Moscow City Court 22/03/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention on 03/02/2021 as administrative suspect;   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 an open court the police officers on whose written statements the applicant’s conviction was based.   35660/21* 25/06/2021 Polina Yevgenyevna SKURATOVICH 1997 Nikolay Sergeyevich Zboroshenko Mytishchi Rally in support of A. Navalnyy   Moscow   02/02/2021 Article 20.2 § 6.1 of CAO administrative detention of 12 days Moscow City Court 22/03/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention on 03/02/2021 as administrative suspect;   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 an open court the police officers on whose written statements the applicant’s conviction was based   35664/21* 25/06/2021 Nadezhda Dmitriyevna TOKMAKOVA 1997 Nikolay Sergeyevich Zboroshenko Mytishchi Rally in support of A. Navalnyy   Moscow   02/02/2021 Article 20.2 § 6.1 of CAO administrative detention of 12 days Moscow City Court 22/03/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention on 03/02/2021 as administrative suspect;   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 an open court the police officers on whose written statements the applicant’s conviction was based   35938/21* 25/06/2021 Yelizaveta Igorevna FROLOVA 1996 Nikolay Sergeyevich Zboroshenko Mytishchi Rally in support of A. Navalnyy   Moscow   02/02/2021 Article 20.2 § 6.1 of CAO administrative detention of 12 days Moscow City Court 11/02/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention on 03/02/2021 as administrative suspect;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   35944/21* 25/06/2021 Yuliya Sergeyevna YANCHENKO 1997 Nikolay Sergeyevich Zboroshenko Mytishchi Rally in support of A. Navalnyy   Moscow   02/02/2021 Article 20.2 § 6.1 of CAO administrative detention of 12 days Moscow City Court 24/03/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention on 03/02/2021 as administrative suspect;   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 an open court the police officers on whose written statements the applicant’s conviction was based   35947/21* 25/06/2021 Aleksandra Vyacheslavovna SHALIMOVA 1997 Nikolay Sergeyevich Zboroshenko Mytishchi Rally in support of Navalnyy   Moscow   02/02/2021 Article 20.2 § 6.1 of CAO administrative detention of 12 days Moscow City Court 22/03/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention on 03/02/2021 as administrative suspect;   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 an open court the police officers on whose written statements the applicant’s conviction was based   36271/21* 19/05/2021 Sergey Yuryevich SOLONICHENKO 1978 Nikolay Sergeyevich Zboroshenko Mytishchi Rally in support of A. Navalnyy   Moscow   31/01/2021 Article 20.2 § 6.1 of CAO administrative detention of 15 days Moscow City Court 05/02/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention between 31/01/2021 and 01/02/2021 as administrative suspect;   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 open court police officer on whose written statements the applicant’s conviction was based   37784/21* 01/07/2021 Mikhail Andreyevich KIM 2002 Nikolay Sergeyevich Zboroshenko Mytishchi Rally in support of A. Navalnyy   Moscow   31/01/2021 Article 20.2 § 6.1 of CAO administrative detention of 15 days Moscow City Court 09/02/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention between 31/01/2021 and 01/02/2021 as administrative suspect;   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 open court police officer on whose written statements the applicant’s conviction was based   37790/21* 01/07/2021 Andrey Olegovich PICHUGIN 2002 Nikolay Sergeyevich Zboroshenko Mytishchi Rally in support of A. Navalnyy   Moscow   31/01/2021 Article 20.2 § 6.1 of CAO administrative detention of 15 days Moscow City Court 09/02/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention between 31/01/2021 and 01/02/2021 as administrative suspect;   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 open court police officers on whose written statements the applicant’s conviction was based   37792/21* 01/07/2021 Yevgeniya Olegovna RUMYANTSEVA 1999 Nikolay Sergeyevich Zboroshenko Mytishchi Rally in support of A. Navalnyy   Moscow   02/02/2021 Article 20.2 § 6.1 of CAO administrative detention of 15 days Moscow City Court 16/04/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention on 03/02/2021 as administrative suspect;   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 open court police officers on whose written statements the applicant’s conviction was based   37794/21* 01/07/2021 Ruslan Sergeyevich CHAPLYGIN 1986 Nikolay Sergeyevich Zboroshenko Mytishchi Rally in support of A. Navalnyy   Moscow   31/01/2021 Article 20.2 § 6.1 of CAO administrative detention of 15 days Moscow City Court 10/02/2021 Art. 5 (1) - unlawful deprivation of liberty- arrest, escorting to a police station and detention between 31/01/2021 and 01/02/2021 as administrative suspect;   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 open court police officers on whose written statements the applicant’s conviction was based   42351/21* 07/05/2021 Yevgeniy Aleksandrovich KOZHEVNIKOV 1996 Nikolay Sergeyevich Zboroshenko Mytishchi Rally in support of A. Navalnyy   Moscow   31/01/2021 Article 20.2 § 6.1 of CAO administrative detention of 15 days Moscow City Court 05/02/2021 Art. 5 (1) – unlawful deprivation of liberty - arrest, escorting to a police station and detention between 31/01/2021 and 01/02/2021 as administrative suspect;   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 open court police officers on whose written statements the applicant’s conviction was based   44149/21 18/08/2021 Nikota Olegovich BEZRUKOV 1997 Nikolay Sergeyevich Zboroshenko Mytishchi Rally in support of A. Navalnyy   Moscow   31/01/2021     Article 19.3 § 1 of CAO     and   Article 20.2 § 5 of CAO   administrative detention of 10 days   and   fine of RUB 20,000   Moscow City Court 26/02/2021   and   Moscow City Court 09/07/2021   Art. 5 (1) – unlawful deprivation of liberty - arrest, escorting to a police station and detention between 31/01/2021 and 01/02/2021 as administrative suspect;   Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in the administrative proceedings - both sets of 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 open court police officers on whose written statements the applicant’s conviction was based (both sets of proceedings);   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - conviction in the two separate sets of proceedings, under Articles 19.3 and 20.2   §   5 of the CAO, on account of participation in the same public event - overlap of the facts constituting the basis for the applicant’s prosecution in the second set of proceedings with substantially the same facts underlying his conviction in the first set of proceedings   44372/21* 17/08/2021 Stepan Vyacheslavovich VAZHENKOV 2001 Nikolay Sergeyevich Zboroshenko Mytishchi Rally in support of A. Navalnyy   Moscow   23/01/2021 Article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 16/04/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 23/01/2021 for the sole purpose of drawing up a record of administrative offence,   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 open court the police officers on whose written statements the applicant’s conviction was based   47450/21* 04/09/2021 Anna Aleksandrovna FOMINA 1986 Nikolay Sergeyevich Zboroshenko Mytishchi Rally in support of A. Navalnyy   Moscow   23/01/2021 Article 20.2 § 5 of CAO fine of RUB 15,000   Moscow City Court 03/06/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 23/01/2021 for the sole purpose of drawing up a record of administrative offence,   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 - impossibility to cross-examine police officers on whose statements the applicant’s conviction was based.   49590/21* 21/09/2021 Sergey Lvovich ANDREYEV 1974 Nikolay Sergeyevich Zboroshenko Mytishchi Rally in support of A. Navalnyy   Moscow   31/01/2021 Article 20.2 § 6.1 of CAO fine of RUB 20,000 Moscow City Court 14/04/2021 Art. 5 (1) - unlawful deprivation of liberty – arrest, escorting to a police station, detention on 31/01/2021 for the sole purpose of drawing a record of administrative offence,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings  Citations
Aucune citation répertoriée pour cette décision.
Décisions connexes
Aucune décision similaire identifiée pour le moment.
Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;COMMUNICATEDCASES;ENG
- Date
- 29 juin 2023
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:001-226120
Données disponibles
- Texte intégral
- Résumé officiel