CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 29 juin 2023
- ECLI
- ECLI:CEDH:001-226122
- 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 } .s14F1E8B1 { height:41.6pt } .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 } .s5FFF0A7E { margin-top:0pt; margin-bottom:0pt; font-size:8pt } Published on 24 July 2023   SECOND SECTION Application no.   4604/17 Mariya Borisovna DMITRIYEVA against Russia and 42 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     4604/17* 04/01/2017 Mariya Borisovna DMITRIYEVA 1961     Manifestation in support of N.   Savcnehko   Moscow   08/03/2016 article 20.2 § 5 of CAO and article 19.3 § 1 of CAO fine of RUB   10,000 and fine of RUB   1,000 Moscow City Court 08/07/2016 and Moscow City Court 28/07/2016 Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was convicted under art. 20.2 § 5 of CAO by final decision adopted by Moscow City Court on 08/07/2016 and under Art.   19.3 § 1 of CAO by final decision of Moscow City Court on 28/07/2016 concerning the same event on 08/03/2016. The applicant complains about being punished twice for the same offence (see Korneyeva v. Russia, no.   72051/17, §§ 44-65, 8   October 2019)     8385/17* 14/01/2017 Lyudmila Andreyevna PUDRIK 1955     Manifestation in support of N.   Savchenko   Moscow   08/03/2016 article 20.2 § 5 of CAO and article 19.3 § 1 of CAO fine of RUB   10,000   and fine of RUB 500 Moscow City Court 20/07/2016 Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - the courts refused to obtain attendance of police officers on whose reports and statements the applicant’s conviction was based,   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - convicted twice for the same public event (under Articles   20.2 § 5 and 19.3 § 1 of the Code of Administrative Offences) (akin to Korneyva v. Russia, no.   72051/17, §§ 55-65, 08/10/2019).     12156/17* 30/01/2017 Aleksandr Vladimirovich EYSMAN 1974     Public gathering dedicated to the Constitution Day Moscow 12/12/2015   Public gathering Ostankinskaya Ul., Moscow   30/05/2018 article 20.2 § 5 of CAO         article 20.2 § 5 of CAO fine of RUB   10,000         fine of RUB   10,000 Moscow City Court 02/08/2016         Moscow City Court 04/10/2018 Art. 5 (1) - unlawful deprivation of liberty - administrative arrest and detention on 30/05/2018: Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable on the spot to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8   October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8   other applications, §   35, 2 July 2019), raised in administrative proceedings,   Art. 6 (1) - lack of impartiality of tribunal - 02/08/2016, 04/10/2018, 16/01/2017, Moscow City Court; administrative fine of RUB 10 000,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - Lack of an adequate opportunity to contest adverse evidence due to the courts’ rejections of the applicant’s motions to question the police officers who submitted written statements,   Art. 10 (1) - disproportionate measures against solo demonstrators - 08/03/2016, Moscow, Manezhnaya square, a solo demonstration next to the Zhukov monument with a placard relating to Savchenko; article 20.2 § 5 of CAO, administrative fine of RUB, 15, 000; Moscow City Court, 16/01/2017; rotation - event classified as assembly post facto, ban on public events at certain locations (specify), next to the Residence of the President of the Russian Federation (Zhukov monument on Manezhnaya square)     37727/17** 06/05/2017 Yelena Yuryevna STARSHININA 1977 Nikolay Sergeyevich Zboroshenko Moscow Hunger strike in support of housing rights near the United Russia’s headquarters   Moscow   01/07/2016   Hunger strike for housing near the United Russia’s headquarters   Moscow   02/07/2016 article 20.2 § 5 of CAO and article 20.2 § 5 of CAO             article 20.2 § 5 of CAO fine of RUB   10,000 and fine of RUB   10,000             fine of RUB   10,000 Moscow City Court 22/05/2017 and Moscow City Court 16/11/2016             Moscow City Court 22/05/2017 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - three sets of the proceedings which ended on 16/11/2016 and 22/05/2017, Moscow City Court     2748/18* 15/12/2017 Aleksandr Dmitriyevich TURBIN 1992     Anti-corruption manifestation   St Petersburg   12/06/2017   article 19.3 § 1 of CAO and article 20.2 § 5 of CAO arrest of 5   days and fine of RUB   10,000 St   Petersburg City Court 16/06/2017 and St   Petersburg City Court 30/06/2017 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of the proceedings against the applicant which ended on 16/06/2017 and 30/06/2017,   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - final decisions 16/06/2017, St Petersburg City Court, Art.   19.3 § 1 CAO; 30/06/2017, St   Petersburg City Court, Art. 20.2 § 5 CAO; overlap of the facts constituting the basis for the applicant’s prosecution in the second set of proceedings with substantially the same facts underlying her conviction in the first set of proceedings.     3212/18 29/12/2017 Anatoliy Viktorovich ZVEREV 1993 Polina Romanovna Smorodina St Peterburg Anti-corruption manifestation   St Petersburg   12/06/2017 article 19.3 § 1 of CAO and article 20.2 § 5 of CAO fine of RUB   15,000 and fine of RUB   1,000 St Petersburg City Court 03/07/2017 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention at the police station from 12/06/2017 to 13/06/2017 - applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable on the spot to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8   other applications, §   35, 2   July 2019); Detention as an administrative suspect: the applicant remained in detention after the offence record had been compiled (see Korneyeva v.   Russia, no. 72051/17, § 35, 8 October 2019). The applicant raised the relevant complaint in the course of the proceedings,   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 examine in open court police officers on whose written statements the applicant’s conviction was based,   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - final decisions 03/07/2017, St Petersburg City Court, Art.   19.3 § 1 CAO and Art. 20.2 § 5 CAO; overlap of the facts constituting the basis for the applicant’s prosecution in the second set of proceedings with substantially the same facts underlying her conviction in the first set of proceedings.     3439/18* 25/12/2017 Nikolay Nikolayevich MANKO 1967 Nikolay Sergeyevich Zboroshenko Moscow Truck Drivers’ Manifestation   Khimki, Moscow Region   21/05/2017 article 19.3 § 1 of CAO, and article   20.2 § 5 of CAO fine of RUB   500 and fine of RUB   10,000 Moscow Regional Court 06/07/2017 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 21/05/2017 in excess of 3 hours for the sole purpose of drawing a record of administrative offence. The applicant raises the complaint in the course of the administrative offence proceedings against him,   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 (in the first proceedings related to conviction under Art. 19.3 (1) CAO,   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings – decisions 06/07/2017, Moscow City Court, Art. 19.3 § 1 CAO and Art. 20.2 § 5 CAO; overlap of the facts constituting the basis for the applicant’s prosecution in the second set of proceedings with substantially the same facts underlying her conviction in the first set of proceedings,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings     3641/18 18/12/2017 Pavel Vladimirovich SHALAGIN 1985 Alina Vladimirovna Yesipova St Petersburg Anti-corruption manifestation   St Petersburg   12/06/2017 article 20.2 § 5 of CAO, and article 19.3 § 1 of CAO fine of RUB   11,000 St Petersburg City Court 29/06/2017 Art. 5 (1) - unlawful deprivation of liberty - arrest and escort to the police station on 12/06/2017-13/06/2017 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence; unrecorded detention until escort to the court on 14/06/2017. The applicant raised the complaint in the course of the administrative proceedings against him.   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the 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 in both sets of the proceedings;   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - decisions 29/06/2017, St Petersburg City Court, Art. 19.3 § 1 CAO and Art.   20.2 § 5 CAO; overlap of the facts constituting the basis for the applicant’s prosecution in the second set of proceedings with substantially the same facts underlying her conviction in the first set of proceedings.     3864/18* 26/12/2017 Iskander Rafailevich GUMERBAYEV 1991     Anti-corruption Manifestation   Kazan   14/05/2017 article 19.3 § 1 of CAO and article 20.2 § 5 of CAO arrest of 12   days and community service of 35   hours Supreme Court of Tatarstan Republic 06/06/2017 and Supreme Court of Tatarstan Republic 21/06/2017 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings   5252/18* 02/01/2018 Anastasiya Vyacheslavovna KOVROVA 1987 Alina Vladimirovna Yesipova St Petersburg Anti-Corruption manifestation   St Petersburg   12/06/2017 article 19.3 § 1 of CAO and article 20.2 § 5 of CAO fine of RUB   15,000 and   fine of RUB   600 St Petersburg City Court 03/07/2017 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention at the police station from 12/07/2017 to 13/07/2017: (1) Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable on the spot to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v.   Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v.   Russia [Committee], nos. 50271/06 and 8 other applications §   35, 2 July 2019); (2) Detention as an administrative suspect: the applicant remained in detention after the offence record had been compiled (see Korneyeva v.   Russia, no. 72051/17, § 35, 8 October 2019),   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - absence of prosecuting party in both sets of the 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 in the proceedings related to the offence under Art. 19.3 (1) CAO,   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - decisions 03/07/2017, St Petersburg City Court, Art. 19.3 § 1 CAO and Art.   20.2 § 5 CAO; overlap of the facts constituting the basis for the applicant’s prosecution in the second set of proceedings with substantially the same facts underlying her conviction in the first set of proceedings   7616/18* 10/01/2018 Aleksey Mikhaylovich IVANOV 1990 Ivan Yuryevich Zhdanov Vilnius Opposition rally   St Petersburg   12/06/2017 article 20.2 § 5 of CAO and article 19.3 § 1 of CAO fine of RUB   10,000 and fine of RUB   1,000 St Petersburg City Court 11/07/2017 Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - decisions 11/07/2017, St Petersburg City Court, Art. 19.3 § 1 CAO and Art.   20.2 § 5 CAO; overlap of the facts constituting the basis for the applicant’s prosecution in the second set of proceedings with substantially the same facts underlying her conviction in the first set of proceedings.   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings   13129/18* 22/02/2018 Igor Nikolayevich FINKOVSKIY 1964 Irina Aleksandrovna Yatsenko Moscow Truck Drivers’ Manifestation   Khimki, Moscow Region   21/05/2017 article 19.3 § 1 of CAO fine of RUB   500   Moscow Regional Court 22/08/2017 Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - decisions 22/08/2017, St Petersburg City Court and 16/08/2017 St Peterburg City Court, Art. 19.3 § 1 CAO and Art. 20.2 § 5 CAO; overlap of the facts constituting the basis for the applicant’s prosecution in the second set of proceedings with substantially the same facts underlying her conviction in the first set of proceedings,   Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 21/05/2017-22/05/2017 in excess of 3 hours (arrested on 21/05/2017 at 2   p.m., released on 23/05/2017); 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,   Art. 6 (1) - and Art.   6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to obtain attendance of the police officer on whose written statements the applicant’s conviction was based and to submit evidence, including video recordings, in defence of the applicant’s version of events on an equal footing with the prosecution   19607/18* 30/03/2018 Rafail Viktorovich SHEPELEV 1970     March of the "Artpodgotovka" movement   Yekaterinburg   23/07/2017 article 20.2 § 5 of CAO fine of RUB   10,000 Sverdlovsk Regional Court 21/11/2017 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 - failure to question in court the police officers who had arrested the applicant and on whose written statements his conviction was based   21716/18 25/04/2018 Polina Pavlovna MIKHAYLOVA 1999     Manifestation in support of Alexey Navalnyy   St Petersburg   08/10/2017 article 19.3 § 1 of CAO and article 20.2 § 5 of CAO 5 days’ detention and fine of RUB   10,000 St Petersburg City Court 25/10/2017 Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - decisions 25/10/2017, St Petersburg City Court, Art. 19.3 § 1 CAO and Art.   20.2 § 5 CAO; overlap of the facts constituting the basis for the applicant’s prosecution in the second set of proceedings with substantially the same facts underlying her conviction in the first set of proceedings,   Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 08/10/2017 in excess of 3 hours for the sole purpose of drawing up a record of an administrative offence (arrested at 10.20 p.m. and detained till the court hearing on 09/10/2017); raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the 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 police officers on whose written statements the applicant’s convictions were based; raised on appeal   24932/18* 15/05/2018 Margarita Yuryevna ZAYTSEVA 1970 Ivan Yuryevich Zhdanov Vilnius Gathering in support of Aleksey Navalnyy   Tambov   29/10/2017 article 20.2 § 2 of CAO 5   days’ arrest Tambov Regional Court 15/11/2017 Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to confront police officers whose testimony was decisive for the applicant’s conviction   26002/18* 18/05/2018 Mikhail Mikhaylovich SEMENOV 1969   Artur Magsumovich ABASHEV 1986   Georgiy Olegovich USPENSKIY 1999   Nikolay Sergeyevich Zboroshenko Moscow 1st applicant: Manifestation in support of Navalnyy   Kirov   07/10/2017   2nd applicant: Manifestation in support of Navalnyy   Kirov   07/10/2017   3rd applicant: Meeting "Voters Strike"   Kirov 28/01/2018   1st applicant: Call for manifestation against the war in Ukraine   Kirov   30/03/2022 article 20.2 § 2 of CAO               article 20.2 § 2 of CAO               article 20.2 § 2 of CAO           article 20.2 § 8 of CAO 5   days’ arrest                 5   days’ arrest                 fine of RUB   20,000           the fine was lifted on appeal Kirov Regional Court 24/11/2017             Kirov Regional Court 27/02/2018             Kirov Regional Court 06/03/2018         Kirov Regional Court 23/08/2022 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - the first applicant complained of the absence of a prosecuting party in the administrative offence proceedings in 2022 (see Karelin v.   Russia, no.   926/08, §§   69 ‑ 84, 20   September 2016).   35361/18* 16/07/2018 Aleksandr Sergeyevich VESELOV 1984     Russian March   Moscow   04/11/2017 Article 20.2 § 5 of CAO fine of RUB   15,000 Moscow City Court 14/03/2018 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 04/11/2017: Detention as an administrative suspect: no evidence/assessment of “exceptional circumstances” under Art. 27.3 § 1 CAO (see Butkevich v.   Russia, no. 5865/07, §§ 63-64, 13 February 2018; Tsvetkova and Others v.   Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018); raised in the course of administrative proceedings   40027/18* 11/08/2018 Yuliya Aleksandrovna FEDOSEYEVA 1978     Spontaneous meeting against local waste site   Klin, Moscow Region   13/10/2017 article 20.2 §   6.1 of CAO fine of RUB   10,000 Moscow Regional Court 15/02/2018     41676/18* 14/08/2018 Dmitriy Vasilyevich DUBROVIN 1997 Ivan Yuryevich Zhdanov Vilnius "Electors’ Strike"   Volgograd   28/01/2018 article 20.2 § 5 of CAO fine of RUB   10,000 Volgograd Regional Court 21/02/2018 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 28/01/2018: Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v.   Russia, no. 72051/17, § 34, 8   October 2019; Ryabinina and Others v.   Russia [Committee], nos. 50271/06 and 8   other applications, §   35, 2 July 2019); 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   42411/18* 24/08/2018 Dmitriy Mikhaylovich TEPLYAKOV 1987     Anti-corruption manifestation   Moscow   04/11/2017 article 20.2 § 5 of CAO fine of RUB   15,000 Moscow City Court 28/02/2018 Art. 6 (1) - lack of impartiality of tribunal - absence of the prosecuting party in the administrative offence proceedings   42842/18* 22/08/2018 Artem Yevgenyevich YEVDOKIMOV 1991 Ivan Yuryevich Zhdanov Vilnius Distribution of political leaflets   Cherepovets   04/11/2017 article 20.2 § 5 of CAO fine of RUB   10,000 Vologda Regional Court 27/02/2018 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   47334/18* 20/09/2018 Tatyana Sergeyevna SERGEYEVA 1972 Irina Aleksandrovna Yatsenko Moscow Manifestation of the foreign currency mortgage borrowers in front of the Central Bank of the Russian Federation   Moscow   28/11/2017 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 20/03/2018 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   29407/19* 20/05/2019 Mikhail Igorevich SHALASHNYY 1998     "Endless protest" activists’ meeting   Moscow   10/09/2018 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 22/11/2018 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 - Lack of an adequate opportunity to contest adverse evidence due to the court’s rejection of the applicant’s motions to question the police officers who submitted written statements   35192/19* 16/06/2019 Yuriy Sergeyevich KURLYKOV 1999 Dmitriy Vladimirovich Zubarev Vladivostok Manifestation against the pension reform   Verkhneportovaya str., Vladivostok   15/09/2018 article 20.2 § 5 of CAO fine of RUB   10,000 Primorye Regional Court 17/12/2018 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   38762/19* 07/07/2019 Aydar Albertovich ISLAMOV 1996 Nikita Sergeyevich Tomilov BERLIN Protest against construction of an orthodox church   Yekaterinburg   14/05/2019 article 20.1 § 2 of CAO 5 days’ arrest Sverdlovsk Regional Court 18/05/2019 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 14/05/2019: Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v.   Russia, no. 72051/17, § 34, 8   October 2019; Ryabinina and Others v.   Russia [Committee], nos. 50271/06 and 8   other applications, §   35, 2 July 2019),   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   45161/19* 17/08/2019 Aleksandr Alekseyevich ABRAMOV 1997     Manifestation against the pension reform   Penza   09/08/2018 article 20.2 §   6.1 of CAO fine of RUB   10,000 Penza Regional Court 14/03/2019     54061/19 27/09/2019 Valeriy Aleksandrovich SHPYAKIN 1994     Manifestation against the construction of a landfill at Sheis   Arkhangelsk   07/04/2019 article 20.2 § 5 of CAO fine of RUB   12,000 Arkhangelsk Regional Court 23/07/2019 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   57851/19* 18/10/2019 Aleksey Aleksandrovich CHISLOV 1987 Anton Vyacheslavovich Zadorkin Yekarerinburg Manifestation against construction of an orthodox church   Oktyabrskaya Square 2, Yekaterinburg   16/05/2019 article 20.2 § 5 of CAO fine of RUB   10,000 Sverdlovsk Regional Court 28/08/2019 Art. 5 (1) - unlawful deprivation of liberty - arrest on 16/05/2019 - Applicant taken to the police station as an administrative suspect for the purposes of compiling an offence record: no written record of the administrative escort (Art. 27.2 § 3 CAO) (see Timishev v. Russia [Committee], no. 47598/08, §   21, 28 November 2017),   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   4332/20* 28/12/2019 Yan Patvakanovich YEGIAZARYAN 1977 Sergey Yuryevich Tiunov Yekaterinburg Manifestation against the regional authorities   Yekaterinburg   07/07/2019 article 20.2 § 5 of CAO fine of RUB   10,000 Sverdlovsk Regional Court 11/09/2019 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 police officers on whose written statements the applicant’s conviction was based   4445/20* 28/12/2019 Galina Vasilyevna KOROLEVA 1952 Sergey Yuryevich Tiunov Yekaterinburg Manifestation against the regional authorities   Yekaterinburg   07/07/2019 article 20.2 § 5 of CAO fine of RUB   10,000 Sverdlovsk Regional Court 02/10/2019 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 - The applicant was unable to confront the police officers on whose written statements her conviction was based   9115/20* 24/01/2020 Igor Vladimirovich SAFONOV 1991 Kristina Igorevna Timakova Moscow Protest against demolition of the "Solovey" cinema   Moscow   23/11/2018 article 20.2 § 8 of CAO fine of RUB   100,000 Moscow City Court 24/07/2019 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   44582/20 10/09/2020 Natalya Viktorovna KHAYDAROVA 1957 Vladimir Valeryevich Vasin Krasnoyarsk Gathering in support of defrauded housing construction investors   Krasnoyarsk   09/10/2019 article 19.3 § 1 of CAO fine of RUB   1,000 Krasnoyarsk Regional Court 12/12/2019 Art. 5 (1) - unlawful deprivation of liberty - detention on 10/10/2019 from 7.10 a.m. to 3.15 p.m. - Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos.   54381/08 and 5 others, §§ 121-22, 10 April 2018); issue 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   45808/20 10/09/2020 Konstantin Nikolayevich KOZLOV 1979 Vladimir Valeryevich Vasin Krasnoyarsk Gathering in support of defrauded housing construction investors   Krasnoyarsk   09/10/2019 article 19.3 § 1 of CAO fine of RUB   1,000 Krasnoyarsk Regional Court 12/12/2019 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 10/10/2019 in excess of 3 hours 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   52670/20* 10/11/2020 Sergey Vyacheslavovich SINITSYN 1999 Dmitriy Igorevich Zakhvatov Moscow Manifestation against isolation of the Russian Internet   Moscow   10/03/2019 article 20.2 § 5 of CAO fine RUB   10,000 Moscow City Court 10/02/2020 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 10/03/2019: - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v.   Russia, no. 72051/17, § 34, 8   October 2019; Ryabinina and Others v.   Russia [Committee], nos. 50271/06 and 8   other applications, §   35, 2 July 2019), 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   52673/20* 10/11/2020 Andrey Vladimirovich PERFILYEV 1995 Dmitriy Igorevich Zakhvatov Moscow Manifestation against isolation of the Russian Internet   Moscow   10/03/2019 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 20/02/2020 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 10/03/2019 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v.   Russia, no. 72051/17, § 34, 8   October 2019; Ryabinina and Others v.   Russia [Committee], nos. 50271/06 and 8   other applications, §   35, 2 July 2019); 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   1651/21 05/12/2020 Sofya Vladimirovna DURNOVA 2001 Fedor Yevgenyevich Sirosh Moscow Dopuskai Manifestation for free elections   Moscow   03/08/2019 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 10/06/2020 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,   Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 03/08/2019 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v.   Russia, no. 72051/17, § 34, 8   October 2019; Ryabinina and Others v.   Russia [Committee], nos. 50271/06 and 8   other applications, §   35, 2 July 2019)   10270/21* 18/01/2021 Tatyana Valeryevna NAMAZBAYEVA 1989 Dmitriy Vladimirovich Zubarev Vladivistok Manifestation in support of S.   Furgal   Vladivostok   25/07/2020   Manifestation in support of S.   Furgal   Vladivostok   01/08/2020 article 20.2 § 5 of CAO             article 20.2 § 5 of CAO fine of RUB   10,000             fine of RUB   10,000   Primorye Regional Court 05/10/2020           Primorye Regional Court 13/10/2020 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 01/08/2020 and on 15/08/2020 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, §   35, 2   July 2019),   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 court police officers on whose written statements the applicant’s conviction was based   10419/21* 18/01/2021 Larisa Vasilyeva ALEKSEYEVA 1946 Dmitriy Vladimirovich Zubarev Vladivostok Manifestation in support of S.   Furgal   Vladivostok, Svetlanskaya street   01/08/2020 article 20.2 § 5 of CAO fine of RUB   10,000 Primorye Regional Court 16/11/2020 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - absence of a prosecuting party in both sets of administrative proceedings which ended on 02/11/2020 and 16/11/2020 respectively,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - The applicant was unable to confront the police officers on whose written statements her conviction was based (proceedings which ended on 16/11/2020),   Art. 5 (1) - unlawful deprivation of liberty - arrest and detention at a police station on 15/08/2020 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable on the spot to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, §   35, 2   July 2019); raised on appeal,   Art. 10 (1) - disproportionate measures against solo demonstrators - solo picket against unfair elections on 15/08/2020 in Vladivostok, the applicant convicted under article 20.2 § 5 of CAO, administrative fine of RUB   10,000. Upheld on appeal - Primorye Regional Court, 02/11/2020.   20304/21 14/03/2021 Valentina Anatolyevna DYUMINA 1989 Vladimir Valeryevich Vasin Krasnoyarsk Manifestation in support of S.   Furgal   Krasnoyarsk   01/08/2020   Manifestation in support of S.   Furgal   Krasnoyarsk   08/08/2020 article 20.2 § 5 of CAO             article 20.2 § 2 of CAO fine of RUB   12,000             fine RUB   20,000 Krasnoyarsk Regional Court 29/10/2020           Krasnoyarsk Regional Court 24/09/2020 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings,     Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 08/08/2020 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v.   Russia, no. 72051/17, § 34, 8   October 2019; Ryabinina and Others v.   Russia [Committee], nos. 50271/06 and 8   other applications, §   35, 2 July 2019); raised on appeal,   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 (with regards to the event of 08/08/2020)   20783/21* 22/03/2021 Andrey Yuryevich MYAKOTIN 1974 Dmitriy Vladimirovich Zubarev Vladivistok Demonstration in support of the governor of Khabarovsk Region Mr Furgal   Vladivostok   18/07/2020   Demonstration in support of the governor of Khabarovsk Region Mr Furgal   Vladivostok   25/07/2020   Demonstration in support of the governor of Khabarovsk Region Mr Furgal   Vladivostok   08/08/2020   Manifestation in support of Navalnyy   Vladivostok   31/01/2021 article 20.2 § 5 of CAO                 article 20.2 § 5 of CAO                 article 20.2 § 5 of CAO                 article 20.2 § 8 of CAO 20 hours of compulsory work               20 hours of compulsory work               20 hours of compulsory work               40 hours of compulsory work Primorye Regional Court 26/10/2020               Primorye Regional Court 02/11/2020               Primorye Regional Court 27/10/2020               Primorye Regional Court 13/04/2021 Art. 5 (1) - unlawful deprivation of liberty - Arrest and detention at the police station on 15/08/2020 and 31/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8   October 2019; Ryabinina and Others v. Russia [Committee], nos.   50271/06 and 8   other applications, §   35, 2 July 2019). The complaint was raised on appeal in the course of the administrative proceedings.   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - administrative proceedings relating to the applicant’s participation in the manifestation on 31/01/2021   21312/21 02/04/2021 Aleksey Nikolayevich SHUVATOV 1992 Polina Aleksandrovna Sidelnikova Vladivostok Manifestation in support of protests in Khabarovsk   Vladivostok   19/07/2020   Manifestation in support of protests in Khabarovsk   Vladivostok   25/07/2020 article 20.2 § 5 of CAO               article 20.2 § 5 of CAO fine of RUB   10,000               fine of RUB   10,000 Primorye Regional Court 09/11/2020             Primorye Regional Court 09/11/2020 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 22/08/2020 in excess of 3 hours for the sole purpose of drawing a record of 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 the police officer on whose written statements the applicant’s conviction was based,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings   21509/21* 22/03/2021 Aleksey Vladimirovich BARICH 1993     Manifestation in support of protests in Khabarovsk   St Petersburg   01/08/2020   Manifestation in support of A.   Navalnyy ("Otpuskay")   St Petersburg   23/01/2021 article 20.2 § 2 of CAO               article 20.2 § 8 of CAO 7 days’ detention               15 days’ detention St Petersburg City Court 24/09/2020             St Petersburg City Court 04/03/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest and overnight detention on 31/01-02/02/2021 – (1) Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v.   Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v.   Russia [Committee], nos. 50271/06 and 8 other applications, §   35, 2   July 2019); (2) Detention as an administrative suspect: the applicant remained in detention after the offence record had been compiled (see Korneyeva v.   Russia, no. 72051/17, § 35, 8 October 2019),   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - concerning both public events and respective 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 the police officer on whose written statements the applicant’s conviction was based (in respect of public event of 01/08/2020),   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - immediate execution of administrative detention (in respect of public event of 23/01/2021)   23147/21 09/04/2021 Yevgeniy Olegovich RUDENKO 1996 Polina Aleksandrovna Sidelnikova Vladivostok Manifestation in support of S.   Furgal   Vladivostok   18/07/2020   Manifestation in support of S.   Furgal   Vladivostok   19/07/2020 article 20.2 § 5 of CAO             article 20.2 § 5 of CAO fine of RUB   10,000             fine of RUB   10 000 Primorye Regional Court 24/11/2020           Primorye Regional Court 24/11/2020 Art. 5 (1) - unlawful deprivation of liberty - on 26/08/2020 the applicant was arrested at his office in relation to his participation in two manifestations, more than one month after the events in question - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v.   Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v.   Russia [Committee], nos. 50271/06 and 8 other applications, §   35, 2 July 2019),   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in relation to both sets of the proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to question in open court police officers on whose written statements the convictions were based - in relation to both sets of the proceedings (raised in the domestic 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:001-226122
Données disponibles
- Texte intégral
- Résumé officiel