CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 29 juin 2023
- ECLI
- ECLI:CEDH:001-226174
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- 29 juin 2023
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- 29 juin 2023
droits fondamentauxCEDH
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.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s40F41F73 { margin-top:0pt; margin-bottom:0pt; text-align:right } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s34DFC730 { margin-top:0pt; margin-bottom:0pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s54AB6003 { margin-top:66pt; margin-bottom:14pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .sE7C30868 { margin-top:12pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s2D9C6089 { margin-top:12pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .sA36B60A1 { font-family:Arial; font-style:italic } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s4ACA9207 { page-break-before:always; clear:both; mso-break-type:section-break } .s6DB91820 { text-align:center } .s8BB62139 { margin-right:auto; margin-left:auto; border-collapse:collapse } .s3695F815 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top; background-color:#dfdfdf } .sDF237D91 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:8pt } .sEECE831 { font-family:Arial; font-weight:bold; color:#474747 } .sE8934522 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top } .s6B505E72 { margin:0pt; padding-left:0pt } .s4F2ADFDB { text-align:center; font-family:Arial; font-size:8pt; list-style-position:inside } .sBB6163A7 { width:2.48pt; font:7pt 'Times New Roman'; display:inline-block } .s1EDC4D8C { height:315.7pt } .sCAA9F512 { height:165.45pt } .s5FFF0A7E { margin-top:0pt; margin-bottom:0pt; font-size:8pt } Published on 24 July 2023   FIFTH SECTION Application no.   44850/18 Aleksandr Mikhaylovich KIRPICHEV (KIRPICHENKO) against Russia and 27 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/registration   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     44850/18* 11/09/2018 Aleksandr Mikhaylovich KIRPICHEV (KIRPICHENKO) 1984     Rally against falsification of presidential elections   St Petersburg   28/01/2018     Rally against the war in Ukraine   St Petersburg   03/03/2022 article 19.3 § 1 of CAO, article   20.2 § 5 of CAO           article 20.2 § 2 of CAO administrative detention of 10 days (art. 19.3 § 1), fine of RUB 15,000 (art.   20.2 § 5)         fine of RUB 10,000 St Petersburg City Court, 16/03/2018 and 19/04/2018           St Petersburg City Court 05/04/2022 Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”: - from 07.00 p.m. on 13/03/2018 to 14/03/2028, the hearing in the applicant’s administrative offence case, - from 07.30 p.m. on 03/03/2022 to 04/03/2022, the hearing in the applicant’s administrative offence case;   Art. 6 (1) - lack of impartiality of tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; final decisions: St Petersburg City Court, 16/03/2018, 19/04/2018 and 05/04/2022;   Art. 6 (1) - and (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officers and other witnesses on whose written statements the applicant’s conviction was based (in respect of the proceedings in 2022);   Art. 10 (1) - various restrictions on the right to freedom of expression - administrative conviction under Art. 5.12 § 1 of CAO (production or dissemination of printed, audio-visual or other campaigning material in breach of the electoral legislation) for distribution of leaflets against elections on 10/02/2018; fine of RUB 1,000; final decision: St Petersburg City Court, 14/05/2018;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant on 14/03/2018 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO;   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was convicted twice for participation in the same public event of 28/01/2018: under art. 19.3 § 1 of CAO (administrative detention), and under art. 20.2 § 5 of CAO (fine)     52954/18* 25/10/2018 Aleksey Sergeyevich BELOZEROV 1988 Aleksandr Dmitriyevich Peredruk St Petersburg Rally in support of Mr A. Navalnyy   St Petersburg   05/05/2018 article 19.3 § 1 of CAO, article   20.2 § 8 of CAO administrative detention of 15 days, and fine of RUB   170,000 St Petersburg City Court, 16/05/2018 and 18/05/2018 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”: - from 12/06/2017 to 14/06/2017, hearing in the applicant’s administrative-offence case (raised in the compensation proceedings following the quashing of the applicant’s administrative conviction under art. 19.3 of the CAO), - from 04.30 p.m. on 05/05/2018 (the applicant spent more than 4   hours in the police van) to 06/05/2018, hearing in the applicant’s administrative-offence case;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; final decisions: St Petersburg City Court, 16/05/2018 and 18/05/2018;   Art. 6 (1) - and (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officers and other witnesses on whose written statements the applicant’s conviction was based (in respect of the proceedings related to the public event in 2018);   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - The applicant was convicted twice - under art. 19.3 (administrative detention) and under art. 20.2 § 8 (administrative detention and fine) of the CAO for his participation in the same public event of 05/05/2018.     56135/18* 25/10/2018 Andrey Andreyevich GRAF 1991     Rally against Mr   Putin’s reelection as President   St Petersburg   05/05/2018     Anti-government rally   St Petersburg   07/10/2018 article 20.2 § 5 of CAO               article 20.2 § 8 of CAO fine of RUB 10,000                 administrative detention of 15 days St Petersburg City Court 26/07/2018             St Petersburg City Court 11/10/2018 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 04.15 p.m. on 05/05/2018 to 09.15 a.m. on 06/05/2018. Following the discontinuation of the proceedings under art. 19.3 of CAO, the applicant brought compensation proceedings and was granted RUB 3,000 (EUR 34). Final decision: 24/12/2020, Supreme Court of Russia;   Art. 6 (1) - Independent and impartial tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; final decisions: St Petersburg City Court, 24/07/2018 and of 11/10/2018;   Art. 6 (1) - and (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officers and other witnesses on whose written statements the applicant’s conviction was based (in respect of administrative-offence proceedings which ended with the final decision of the St Petersburg City Court of 24/07/2018 and of 11/10/2018).     25403/19* 23/04/2019 Aleksey Nikolayevich NIKITIN 1969     Rally against pension reform   Krasnodar   09/09/2018       "Stroll"/rally against raising prices for public transport (14   participants)   Krasnodar     24/12/2018 Rally in support of Mr A. Navalnyy   Krasnodar   31/01/2021 article 19.3 § 1 of CAO               article 20.2 § 2 of CAO             article 20.2 § 8 of CAO administrative detention of 5 days               administrative detention of 5 days             fine of RUB 20,000 Krasnodar Regional Court, decision adopted on 25/09/2018 in the applicant’s absence and served on him on 26/10/2018   Krasnodar Regional Court 06/02/2019           Krasnodar Regional Court 09/12/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 6.00 p.m. on 26/12/2018 to at least 2.00 p.m. on 27/12/2018, the hearing in the applicant’s administrative offence case;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; final decisions: Krasnodar Regional Court, 25/09/2018, 06/02/2019 and 06/03/2019;   Art. 6 (1) - absence of the applicant from his proceedings - The applicant came to the appeal hearing scheduled on 25/09/2018. He waited for 6 hours in front of the judge’s office, in vain, he was never called. On 26/09/2018 he complained to the president of the tribunal. By a letter of 26/10/2018, the Krasnodar Regional Court answered that the appeal decision was adopted on 25/09/2018. There is no indication in this decision about the applicant’s absence or presence;   Art. 10 (1) - disproportionate measures against solo demonstrators – The applicant held a solo picket against raising prices for public transport, in Krasnodar, on 20/12/2018. He was convicted under art. 20.2 § 5 of CAO to a fine of RUB 10,000. Final decision: Krasnodar Regional Court, 06/03/2019;   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.     28534/21* 02/06/2021 Vadim Vilyevich KHAYRULLIN 1972   Memorial Human Rights Centre Moscow Rally in support of Mr A. Navalny   Kaliningrad   31/01/2021 article 20.2 § 2 of CAO administrative detention of 5 days Kaliningrad Region Court 11/02/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 1.30 p.m. on 31/01/2021 to 11.00 a.m. on 02/02/2021, until the hearing on the applicant’s administrative-offence case;   Art. 6 (1) - lack of impartiality of tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; final decisions: Kaliningrad Region Court, 11/02/2021 and 23/03/2021;   Art. 6 (1) - and (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officers and other witnesses on whose written statements the applicant’s conviction was based (in respect of the administrative offence proceedings related to the applicant’s solo picket on 29/08/2020);   Art. 10 (1) - disproportionate measures against solo demonstrators – The applicant held a solo picket in support of Belarus on 29/08/2020 in Kaliningrad. He was convicted under art. 20.2 § 5 of the CAO and fined to RUB 20,000. final decision: Kaliningrad Regional Court, 23/03/2021.     28773/21* 11/05/2021 Dmitriy Viktorovich TOLMACHEV 1970 Vyacheslav Sergeyevich Ivanets Tbilisi, Georgia Political rally   Irkutsk   31/01/2021     Rally in support of Mr A. Navalnyy   Irkutsk   21/04/2021 article 20.2 § 5 of CAO           article 20.2 § 2 of CAO fine of RUB 15,000             administrative detention of 9 days Irkutsk Regional Court 23/09/2021         Irkutsk Regional Court 29/04/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; final decisions: Irkutsk Regional Court, 23/09/2021 and 29/04/2021     29826/21* 21/05/2021 Gleb Maksimovich SHIN 1998 Yevgeniy Vladislavovich Sokolov Belgorod Rally in support of Mr A. Navalnyy   Belgorod   31/01/2021 article 20.2 § 5 of CAO community works of 20 hours Belgorod Regional Court 15/03/2021       30438/21* 15/05/2021 Boris Yulyevich KAGARLITSKIY 1958 Mansur Idrisovich Gilmanov Podolsk Rally against the constitutional amendments   Moscow   15/07/2020 article 20.2 § 6.1 of CAO fine of RUB 10,000 Moscow City Court 16/11/2020 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 8.30 p.m. on 15/07/2020 to 2.30 a.m. on 16/07/2020;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; final decision: Moscow City Court, 16/11/2020;   Art. 6 (1) - and (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officers and other witnesses on whose written statements the applicant’s conviction was based.     31692/21* 07/06/2021 Ramazan Ramazanovich RADZHABOV 1998   Memorial Human Rights Centre Moscow Rally in support of Mr A. Navalnyy   Moscow   23/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 16/03/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 4.51 p.m. on 23/01/2021 to 1.00 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; final decision: Moscow City Court, 16/03/2021.   32169/21 11/06/2021 Andrey Ramilevich BOYKO 1990   Memorial Human Rights Centre Moscow Rally in support of Mr A. Navalnyy   Moscow   02/02/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 28/04/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 10.08 a.m. to 4.35 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; final decision: Moscow City Court, 28/04/2021;   Art. 6 (1) and (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.   32719/21* 14/06/2021 Konstantin Olegovich DYDZINSKIY 1975     Rally (collection of signatures) against constitutional amendments   Moscow   15/07/2020 article 20.2 § 8 of CAO fine of RUB   200,000 Moscow City Court 14/12/2020 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 10.00 p.m. on 15/07/2020 to 4.30 a.m. on 16/07/2020, while the said record was drawn up only on 30/07/2020.   32752/21* 01/06/2021 Kamil Ramilevich GALEYEV 1992 Polina Sergeyevna Kurakina Moscow Rally in support of Mr A. Navalnyy   Moscow   23/01/2021 article 20.2 §   6.1 of CAO administrative detention of 10 days Moscow City Court 05/02/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; final decision: Moscow City Court, 05/020/2021;   Art. 8 (2) - restrictions on the right to private life of participants in public assemblies - use of facial recognition technology for the identification of the applicant as a participant of the rally and his subsequent conviction.   33306/21 13/06/2021 Anton Ivanovich SORVACHEV 1982 Petr Viktorovich BORKOV 1986   Petr Viktorovich SHVAREV 1993   Ernest Aleksandrovich Mezak Saint-Barthélemy-d’Anjou Rally in support of Mr A. Navalnyy   Syktyvkar   31/01/2021 article 20.2 § 5 of CAO fines of RUB   10,000, 17,000 and 10,000 respectively Supreme Court the Komi Republic, 31/03/2021, 07/04/2021 and 07/04/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; final decisions: Supreme Court of the Komi Republic, 31/03/2021, 07/04/2021 and 07/04/2021.   33456/21* 01/06/2021 Dmitriy Nikolayevich SKURIKHIN 1974 Anton Sergeyevich Grachev Gatchina Commemoration of Boris Nemtsov   St Petersburg   29/02/2020 article 20.2 § 5 of CAO fine of RUB 10,000 St Petersburg City Court 01/12/2020 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, in the morning on 23/01/2023 (in order to prevent the applicant’s participation in the rally in support of Mr   A.   Navalnyy), then from 07.00 p.m. on 23/01/2021 to 24/01/2021, hearing in the applicant’s administrative-offence case;   Art. 6 (1) - and (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officers and other witnesses on whose written statements the applicant’s conviction was based, and impossibility to adduce evidence on an equal foot with the prosecution (all sets 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; final decisions: St Petersburg City Court, 02/02/2021 and 05/07/2022;   Art. 10 (1) - conviction for making calls to participate in public events - conviction for having made calls on 17/01/2021 to participate in an unauthorised public event in support of Mr   A.   Navalnyy scheduled for 23/01/2021, art. 20.2 § 8 of the CAO, administrative detention of 20 days. Final decision: St   Petersburg City Court, 02/02/2021;   Art. 10 (1) - various restrictions on the right to freedom of expression - On 06/03/2022 the applicant held a solo picket in St   Petersburg against the war in Ukraine. He was convicted under art. 20.3.3 § 1 of the CAO (discreditation of the Russian army) and fined RUB 45,000. Final decision: St Petersburg City Court, 05/07/2022.   33806/21 03/06/2021 Aleksandr Vladimirovich BOGOMAZ 1976 Andrey Vasilyevich Sabinin Stavropol Rally in support of Mr A. Navalnyy   Smolensk   31/01/2021 article 20.2 § 5 of CAO fine of RUB 14,000 Smolensk Regional Court 17/03/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, from 2.00 to 5.00 p.m. on 31/01/2021; no evidence that the record could not have been drawn on the spot;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; final decision: Smolensk Regional Court, 17/03/2021;   Art. 6 (1) - and (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court the police officers and other witness 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.   34091/21* 06/06/2021 Albina Romanovna YANOVA 1993 Dmitriy Vladimirovich Zubarev Vladivostok Rally in support of MR A. Navalnyy   Vladivostok   31/01/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Primorye Regional Court 20/04/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 2.56 to 10.20 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; final decision: 20/04/2021, Primorye Regional Court;   Art. 6 (1) - and (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court the police officers and other witness on whose written statements the applicant’s conviction was based.   35049/21 25/06/2021 Pavel Yuryevich TEMNIKOV 1986   Memorial Human Rights Centre Moscow Rally in support of Mr A. Navalnyy   Moscow   02/02/2021 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 21/05/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 11 a.m. to 4.30 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; final decision: Moscow City Court, 21/05/2021;   Art. 6 (1) - and (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court the police officers and other witness on whose written statements the applicant’s conviction was based.   35139/21* 25/06/2021 Dmitriy Andreyevich SKIRTA 1997   Memorial Human Rights Centre Moscow Rally in support of Mr A. Navalnyy   Moscow   31/01/2021 article 20.2 §   6.1 of CAO administrative detention of 3 days Moscow City Court 08/04/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 12.30 a.m. to 9.00 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; final decision: Moscow City Court, 08/04/2021;   Art. 6 (1) - and (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court the police officers and other witness on whose written statements the applicant’s conviction was based.   35140/21* 25/06/2021 Kirill Aleksandrovich KARPOV 1992   Memorial Human Rights Centre Moscow Rally in support of Mr A. Navalnyy   Moscow   23/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 19/05/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 5.00 to; 11.10 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; final decision: Moscow City Court, 19/05/2021;   Art. 6 (1) - and (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court the police officers and other witness 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.   35144/21* 25/06/2021 Georgiy Andreyevich SAPOZHNIKOV 1988   Memorial Human Rights Centre Moscow Rally in support of Mr A. Navalnyy   Moscow   23/01/2021 article 20.2 §   6.1 of CAO fine of RUB 10,000 Moscow City Court 10/03/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 5.10 p.m. on 23/01/2021 to 7.00 p.m. on 25/01/2021, hearing in the applicant’s administrative-offence case;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; final decision: Moscow City Court, 10/03/2021;   Art. 6 (1) - and (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court the police officers and other witness on whose written statements the applicant’s conviction was based.   35147/21 25/06/2021 Anna Yuryevna KUTSENKO 2001   Memorial Human Rights Centre Moscow Rally in support of Mr A. Navalnyy   Moscow   02/02/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 20/04/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 11.00 a.m. to 4.10 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; final decision: Moscow City Court, 20/04/2021;   Art. 6 (1) - and (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court the police officers and other witness on whose written statements the applicant’s conviction was based.   35165/21* 25/06/2021 Dmitriy Vladimirovich LUKIN 1996   Memorial Human Rights Centre Moscow Rally in support of Mr A. Navalnyy   Moscow   02/02/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 20/04/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 10.30 a.m. to 05.10 p.m. on 02/02/2021; the applicant spent 2h30 in the police van;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; final decision: Moscow City Court, 20/04/2021;   Art. 6 (1) - and (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court the police officers and other witness on whose written statements the applicant’s conviction was based.   35166/21 25/06/2021 Oleg Anatolyevich MAKAYEV 1989   Memorial Human Rights Centre Moscow Rally in support of Mr A. Navalnyy   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 26/04/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 2.30 to 8.30 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; final decision: Moscow City Court, 26/04/2021;   Art. 6 (1) - and (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court the police officers and other witness on whose written statements the applicant’s conviction was based   35188/21* 18/06/2021 Sergey Aleksandrovich ANDREYEV 1975   Memorial Human Rights Centre Moscow Rally in support of Mr A. Navalnyy   Moscow   23/01/2021 article 20.2 §   6.1 of CAO fine of RUB 15,000 Moscow City Court 18/02/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 5.00 p.m. 23/01/2021 to 7.00 p.m. on 25/01/2021, until the hearing in the applicant’s administrative-offence case;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; final decision: Moscow City Court, 18/02/2021;   Art. 6 (1) - and (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court the police officers and other witness on whose written statements the applicant’s conviction was based.   35688/21 02/07/2021 Aleksey Aleksandrovich GRUZDEV 1972 Yelena Viktorovna Kurochko Vologda Rally in support of Mr A. Navalnyy   Vologda   31/01/2021 article 20.2 § 2 of CAO fine of RUB 20,000 Vologda Regional Court 11/03/2021     35818/21* 27/06/2021 Sergey Mikhaylovich SKVORTSOV 1990 Anna Yevgenyevna Bochilo Barnaul Rally in support of Mr A. Navalnyy   Lipetsk   23/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Lipetsk Regional Court 18/03/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 2.00 p.m. on 23/01/2021 to 2:00 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; final decision: Lipetsk Regional Court, 18/03/2021.   35843/21* 31/05/2021 Vadim Dmitriyevich BORODIN 1960 Deceased in 2022       Rally in support of MR A. Navalnyy   Magnitogorsk   31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Chelyabinsk Regional Court 31/03/2021 Art. 6 (1) - and (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court the police officers and other witness on whose written statements the applicant’s conviction was based.   36391/21* 07/07/2021 Yana Igorevna TEPLITSKAYA 1991 Yelena Yuryevna Pershakova Moscow Rally in support of the persons accused in the "Set " criminal case   St Petersburg   22/06/2020 article 20.2 § 5 of CAO fine of RUB 10,000 St Petersburg City Court 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 - final decision: St Petersburg City Court, 02/02/2021;   Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 12.45 a.m. to 10.20 p.m. on 22/06/2020, no record of the applicant’s detention was drawn up;   Art. 6 (1) - and (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court the police officers and other witness on whose written statements the applicant’s conviction was based.  Citations
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Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;COMMUNICATEDCASES;ENG
- Date
- 29 juin 2023
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:001-226174
Données disponibles
- Texte intégral
- Résumé officiel