CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 7 septembre 2023
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- ECLI:CEDH:001-227930
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- 7 septembre 2023
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- 7 septembre 2023
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.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s40F41F73 { margin-top:0pt; margin-bottom:0pt; text-align:right } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s34DFC730 { margin-top:0pt; margin-bottom:0pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s54AB6003 { margin-top:66pt; margin-bottom:14pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .sE7C30868 { margin-top:12pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .sA36B60A1 { font-family:Arial; font-style:italic } .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 } .sF7147D91 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:5pt } .s2D9C6089 { margin-top:12pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } Published on 2 October 2023   THIRD SECTION Application no.   1097/18 Ivan Igorevich CHIRKUNOV against Russia and 43 other applications (see list appended) PROCEDURAL INFORMATION Following a preliminary examination of the admissibility of the applications on 7 September 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 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     1097/18 13/12/2017 Ivan Igorevich CHIRKUNOV 1996 Svetlana Sergeyevna Ratnikova St Petersburg Anti-corruption rally     St Petersburg 12/06/2017 article 19.3 §   1 of CAO,     article 20.2 §   5 of CAO 32 hours of community service   detention for 14 days St   Peterburg City Court 04/07/2017 Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 12/06/2017 for compiling an offence report,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of administrative-offence proceedings,     Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based,   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - overlap of the facts constituting the basis for the applicant’s prosecution in the second set of proceedings (Art.19.3 §   1 of CAO) with substantially the same facts underlying his conviction in the first set of proceedings (Art. 20.2 §   5 of CAO).     2291/18 28/12/2017 Tengiz Petrovich ADAMIYA 1986     Anti-corruption rally   St Petersburg 12/06/2017 article 19.3 §   1 of CAO,   article 20.2 §   5 of CAO fine of   RUB 15,000   fine of RUB 500 St   Petersburg City Court 04/07/2017 Art. 5 (1) - unlawful deprivation of liberty - escorting to and detention at the police station after compiling an offence report overnight between 12/06/2017 and 13/06/2017,     Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of administrative-offence proceedings,     Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based,   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - overlap of the facts constituting the basis for the applicant’s prosecution in the second set of proceedings (Art. 19.3 §   1 of CAO) with substantially the same facts underlying his conviction in the first set of proceedings (Art. 20.2 §   5 of CAO).     3710/18 10/12/2017 Revolt Revoltovich PIMENOV 1964 Yevgeniya Yuryevna Kulakova St Petersburg Anti-corruption rally   St Petersburg 12/06/2017 article 19.3 §   1 of CAO,   article 20.2 §   5 of CAO detention for 5 days   fine of RUB 10,000 St Petersburg City Court 22/06/2017 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report for more than 24 hours between 12/06/2017 and 13/06/2017,   Art. 6 (1) - unfair trial in administrative offence proceedings - inability to cross-examine in the trial the witnesses present during the applicant’s apprehension by the police and the 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 - overlap of the facts constituting the basis for the applicant’s prosecution in the second set of proceedings (Art. 19.3 §   1 of CAO) with substantially the same facts underlying his conviction in the first set of proceedings (Art. 20.2 §   5 of CAO).     59149/18 24/11/2018 Arkadiy Sergeyevich RUKHLIN 1989 Maksim Vladimirovich Olenichev St Petersburg Manifestation against President elections   St Petersburg 05/05/2018 article 20.2 §   5 of CAO,   article 19.3 §   1 of CAO fine of RUB 15,000   detention for 7 days St Peterburg City Court 24/05/2018 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of administrative-offence proceedings,   Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report for more than 24   hours between 05/05/2018 and 06/05/2018,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based,   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - overlap of the facts constituting the basis for the applicant’s prosecution in the second set of proceedings (Art. 19.3 §   1 of CAO) with substantially the same facts underlying his conviction in the first set of proceedings (Art. 20.2 §   5 of CAO).     48567/20 20/10/2020 Firaya Khatypovna KASIMOVA 1968     Rally for the protection of the environment   Osinovskoye 16/12/2019 article 20.2 §   2 of CAO,   article 19.3 §   1 of CAO fine of RUB 5,000   fine of RUB 500 Tatarstan Supreme Court 29/01/2020 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of administrative-offence proceedings,   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - overlap of the facts constituting the basis for the applicant’s prosecution in the second set of proceedings (Art. 19.3 §   1 of CAO) with substantially the same facts underlying his conviction in the first set of proceedings (Art. 20.2 §   5 of CAO),   Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 16/12/2019.     46218/21 02/09/2021 Aleksey Aleksandrovich SKOROBOGATOV 1987 Aleksandr Dmitriyevich Peredruk St Petersburg Rally "Free Navalnyy"   St Petersburg 31/01/2021 article 20.2 §   2 of CAO fine of RUB 15,000 St Petersburg City Court 15/04/2021 Art. 5 (1) - unlawful deprivation of liberty - escorting to and detention at the police station after compiling an offence report from 8.30 p.m. on 31/01/2021 until 4   a.m. on 01/02/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.     46224/21 02/09/2021 Nikolay Aleksandrovich KANTS 1991 Aleksandr Dmitriyevich Peredruk St Petersburg Rally "Free Navalnyy"   St Petersburg 02/02/2021 article 20.2 §   2 of CAO fine of RUB 10,000 St Petersburg City Court 27/04/2021 Art. 5 (1) - unlawful deprivation of liberty - escorting to and detention at the police station after compiling an offence report from 10.30 p.m. on 02/02/2021 until 4.45 a.m. on 03/02/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.     46225/21 02/09/2021 Alina Rustemovna TAGIROVA 1998 Aleksandr Dmitriyevich Peredruk St Petersburg Rally "Free Navalnyy"   St Petersburg 31/01/2021 article 20.2 §   6.1 of CAO detention for   10 days St Petersburg City Court 16/03/2021 Art. 5 (1) - unlawful deprivation of liberty - escorting to and detention at the police station after compiling an offence report from 4.30 p.m. on 31/01/2021 until 7.45 p.m. on 01/02/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.     46395/21 07/08/2021 Shamil Akhmetovich MUSTAFIN 1964   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow 31/01/2021 article 20.2 §   6.1 of CAO detention for   10 days Moscow City Court 08/02/2021 Art. 5 (1) - unlawful deprivation of liberty - escorting to and detention at the police station after compiling an offence report between 1.30 p.m. on 31/01/2021 and 2 p.m. on 01/02/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   46520/21 03/09/2021 Liliya Ivanovna SEMENTSOVA 1999 Veronika Yuryevna Karagodina St Petersburg Rally “Free Navalnyy”   St Petersburg 02/02/2021 article 20.2 §   2 of CAO fine of   RUB 10,000 St Petersburg City Court 09/03/2021 Art. 5 (1) - unlawful deprivation of liberty - escorting to and detention at the police station after compiling an offence report from 11.55 p.m. on 02/02/2021 until 11.40 a.m. on 03/02/2021,     Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the witnesses who could have confirmed the applicant’s account of the events.   46794/21 30/08/2021 Aleksandr Sergeyevich ULANOV 1999 Luiza Magomedovna Magomedova St Petersburg Rally "Free Navalnyy"   St Petersburg 02/02/2021 article 20.2 §   2 of CAO fine of RUB 10,000 St Petersburg City Court 02/03/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - escorting to and detention at the police station after compiling an offence report from 3.57 a.m. until 11.20 a.m. on 03/02/3021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.   46799/21 30/08/2021 Nikita Dmitriyevich SHLEYNING 1996 Luiza Magomedovna Magomedova St Petersburg Rally "Free Navalnyy"   St Petersburg 02/02/2021 article 20.2 §   2 of CAO fine of RUB 10,000 St Petersburg City Court 02/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 4.34 a.m. until 11.20 a.m. on 03/02/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - unfair criminal proceedings - various procedural deficiencies of the administrative-offence proceedings.   47151/21 02/09/2021 Tatyana Viktorovna KARPOVA 2000   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow 02/02/2021 article 20.2 §   6.1 of CAO fine of RUB 10,000 Moscow City Court 04/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 11.25 p.m. on 02/02/2021 until 5.00 p.m. on 03/02/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   47182/21 07/09/2021 Aleksandr Aleksandrovich SERGIYENKO 1986   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Rostov-on-Don 31/01/2021 article 20.2 §   6.1 of CAO detention for   7 days Rostov Regional Court 16/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 1.00 p.m. on 31/01/2021 until 2.00 p.m. on 01/02/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.   47236/21 16/09/2021 Maksim Dmitriyevich ZEMTSOV 1996   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow 31/01/2021 article 20.2 §   6.1 of CAO detention for 5 days Moscow City Court 06/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 2.40 p.m. on 31/01/2021 until 2.00 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,   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.   47237/21 10/09/2021 Vladimir Vyacheslavovich KAPUSTINSKIY 1988 Tatyana Georgiyevna Martynova Pskov Rally "Free Navalnyy"   Pskov 23/01/2021 article 20.2 §   5 of CAO fine of RUB 10,000 Pskov Regional Court 22/03/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 for compiling an offence report,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.   47240/21 16/09/2021 Semen Andreyevich POPOV 1996   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Syktyvkar 31/01/2021 article 20.2 §   5 of CAO fine of RUB 10,000 Supreme Court of the Komi Republic 17/03/2021 Art. 5 (1) - unlawful deprivation of liberty - escorting to and detention at the police station after compiling an offence report from 12.40 p.m. until 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.   47249/21 10/09/2021 Arseniy Denisovich TIMASHOV 1998 Tatyana Georgiyevna Martynova Pskov Rally "Free Navalnyy"   Pskov 23/01/2021 article 20.2 §   5 of CAO fine of RUB 10,000 Pskov Regional Court 29/03/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 for compiling an offence report,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.   47251/21 10/09/2021 Yekaterina Nikolayevna NOVIKOVA 1984 Tatyana Georgiyevna Martynova Pskov Rally "Free Navalnyy"   Pskov 23/01/2021 article 20.2 §   5 of CAO fine of RUB 12,000 Pskov Regional Court 22/03/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 for compiling an offence report,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.   47270/21 09/09/2021 Yevgeniy Yevgenyevich MALINOVSKIY 1998 Vladislav Vladimirovich Kosnyrev Syktyvkar Rally "Free Navalnyy"   Syktyvkar 23/01/2021 article 20.2 §   5 of CAO fine of RUB 5,000 Supreme Court of the Komi Republic 10/03/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 for compiling an offence report,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   47459/21 12/09/2021 Dmitriy Mikhaylovich FABRIKOV 1964 Aleksey Alekseyevich Vasilyev Moscow Rally "Free Navalnyy"   Moscow 23/01/2021 article 20.2 §   6.1 of CAO fine of RUB 10,000 Moscow City Court 12/03/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   47972/21 09/09/2021 Sergey Alekseyevich BAZHENOV 1996   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Voronezh 31/01/2021 article 20.2 §   2 of CAO detention for 7 days Voronezh Regional Court 10/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 11.15 a.m. until 3.35 p.m. on 31/01/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.   48027/21 09/09/2021 Ivan Aleksandrovich GOLOSOV 1991   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow 31/01/2021 article 20.2 §   5 of CAO fine of RUB 10,000 Moscow City Court 12/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 5.30 p.m. until 11 p.m. on 31/01/2021,     Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.   48152/21 24/09/2021 Mikhail Vladimirovich AFANASYEV 1996   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow 02/02/2021 article 20.2 §   6.1 of CAO detention for 7 days Moscow City Court 26/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 11.21 p.m. on 02/02/2021 until 7.40 p.m. on 03/02/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based,   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.   50402/21 29/09/2021 Nazim Sayanovich ZIGAYEV 1992 Ilya Valeryevich Tkachenko Gatchina Rally "Free Navalnyy"   St Petersburg 31/01/2021 article 20.2 §   6.1 of CAO detention for 10 days St Petersburg City Court 30/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 4.30 p.m. on 31/01/2021 until 12.30 p.m. on 01/02/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - unfair trial in administrative offence proceedings - various deficiencies of the administrative offence proceedings (absence in the trial, no possibility to adduce evidence or question defence witnesses).   50535/21 30/09/2021 Dmitriy Aleksandrovich GRIGORYEV 1982 Andrey Olegovich Valenkov Nizhniy Novgorod Rally "Free Navalnyy"   Nizhniy Novgorod 31/01/2021 article 20.2 §   5 of CAO fine of RUB 10,000 Nizhniy Novgorod Regional Court 01/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 1.52 p.m. on 31/01/2021 until 6 p.m. on 01/02/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.   50710/21 22/09/2021 Kseniya Aleksandrovna VARLAMOVA 1993 Daniil Aleksandrovich Semenov St Petersburg Rally "Free Navalnyy"   St Petersburg 31/01/2021 article 20.2 §   2 of CAO detention for 10 days St Petersburg City Court 21/03/2021 (decision served on the applicant few days later) Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 4.30 p.m. on 31/01/2021 until 10 a.m. on 02/02/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   50720/21 22/09/2021 Gleb Olegovich SERGEYEV 1997 Mariya Sergeyevna Zyryanova St Petersburg Rally "Free Navalnyy"   St Petersburg 31/01/2021 article 20.2 §   2 of CAO detention for 10 days St Peterburg City Court 23/03/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   50724/21 22/09/2021 Vsevolod Mikhaylovich MOSKALEV 1996 Mariya Sergeyevna Zyryanova St Petersburg Rally "Free Navalnyy"   St Petersburg 31/01/2021 article 20.2 §   2 of CAO detention for 10 days St Petersburg City Court 23/03/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 31/01/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based,   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.   50767/21 24/09/2021 Sergey Gennadyevich SHMELEV 1986 Aleksandr Vasilyevich Popkov Sochi Rally "Free Navalnyy"   Sochi 23/01/2021 article 20.2 §   6.1 of CAO detention for   5 days Krasnodar Regional Court 24/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 2.00 p.m. on 23/01/2021 until 4 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,   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.   50818/21 24/09/2021 Dmitriy Eduardovich GRISHIN 1993 Vladislav Vladimirovich Kosnyrev Syktyvkar Rally "Free Navalnyy"   Syktyvkar 31/03/2021 article 20.2 §   5 of CAO fine of RUB 12,000 Supreme Court of the Komi Republic 24/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 1.40 p.m. until 6.00 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.   50831/21 24/09/2021 Ivan Alekseyevich YUDIN 2001 Vladislav Vladimirovich Kosnyrev Syktyvkar Rally "Free Navalnyy"   Syktyvkar 31/01/2021 article 20.2 §   5 of CAO fine of RUB 10,000 Supreme Court of the Komi Republic 24/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 1.00 p.m. until 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.   50833/21 24/09/2021 Mikhail Alekseyevich BELYAYEV 2001 Vladislav Vladimirovich Kosnyrev Syktyvkar Rally "Free Navalnyy"   Syktyvkar 31/01/2021 article 20.2 §   5 of CAO fine of RUB 10,000 Supreme Court of the Komi Republic 24/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 1.50 p.m. until 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   50839/21 24/09/2021 Aleksandra Ivanovna MOISEYEVA 2001 Vladislav Vladimirovich Kosnyrev Syktyvkar Rally "Free Navalnyy"   Syktyvkar 31/01/2021 article 20.2 §   5 of CAO fine of RUB 12,000 Supreme Court of the Komi Republic 24/03/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report 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.   50874/21 29/09/2021 Konstantin Vasilyevich TIMCHENKO 1991 Ilya Valeryevich Tkachenko Gatchina Rally "Free Navalnyy"   St Petersburg 31/01/2021 article 20.2 §   6.1 of CAO detention for 10 days St Petersburg City Court 30/03/2021 Art. 5 (1) - unlawful detention - escorting to the police station after compiling an offence report from 4.30 p.m. to 7.52 p.m. on 31/03/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - unfair trial in administrative offence proceedings - various deficiencies of the administrative offence proceedings (absence in the trial, no possibility to adduce evidence or question defence witnesses).   50941/21 20/09/2021 Yegor Igorevich TALANOV 1998 Roman Yevgenyevich Kachanov Yekaterinburg Rally "Free Navalnyy"   Nizhniy Tagil 31/01/2021 article 20.2 §   5 of CAO fine of RUB 20,000 Sverdlovsk Regional Court 24/03/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   54084/21 04/10/2021 Mikhail Andreyevich LISENKOV 1999 Varvara Dmitriyevna Mikhaylova St Petersburg Rally "Free Navalnyy"   Pskov 23/01/2021 article 20.2 §   5 of CAO fine of RUB 15,000 Pskov Regional Court 05/04/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 for compiling an offence report.   55566/21 20/10/2021 Artur Rafaelovich KHANOV 1999 Danil Ilnurovich Nurgaleyev Kazan Rally "Free Navalnyy"   Kazan 21/04/2021 article 20.2 §   2 of CAO fine of RUB 10,000 Supreme Court of the Tatarstan Republic 26/05/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.   55571/21 20/10/2021 Vadim Igorevich KHRUSHCHEV 2000 Danil Ilnurovich Nurgaleyev Kazan Rally "Free Navalnyy"   Kazan 21/04/2021 article 20.2 §   2 of CAO fine of RUB 10,000 Supreme Court of the Tatarstan Republic 26/05/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based   55575/21 20/10/2021 Islam Eldarovich SHAIPOV 1994 Danil Ilnurovich Nurgaleyev Kazan Rally "Free Navalnyy"   Kazan 21/04/2021 article 20.2 §   2 of CAO fine of RUB 10,000 Supreme Court of the Tatarstan Republic 26/05/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.   55588/21 20/10/2021 Veronika Timurovna MUSTAFINA 2000 Danil Ilnurovich Nurgaleyev Kazan Rally "Free Navalnyy"   Kazan 21/04/2021 article 20.2 §   2 of CAO fine of RUB 10,000 Supreme Court of the Tatarstan Republic 09/06/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.   57306/21 14/11/2021 Tatevik Vladimirovna GISHIYAN 1994 Mariya Olegovna Eysmont Moscow Rally "Free Navalnyy"   Moscow 31/01/2021 article 20.2 §   6.1 of CAO fine of RUB 20,000 Moscow City Court 17/05/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based,   Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report.   57310/21 18/11/2021 Dmitriy Igorevich SOLOKHIN 1977 Mariya Olegovna Eysmont Moscow Rally "Free Navalnyy"   Moscow 31/01/2021 article 20.2 §   6.1 of CAO fine of RUB 10,000 Moscow City Court 19/05/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   57393/21 18/11/2021 Kseniya Alekseyevna PRIVALOVA 1999 Mariya Olegovna Eysmont Moscow Rally "Free Navalnyy"   Moscow 31/01/2021 article 20.2 §   6.1 of CAO fine of   RUB 10,000 Moscow City Court 19/05/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.  Citations
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Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;COMMUNICATEDCASES;ENG
- Date
- 7 septembre 2023
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:001-227930
Données disponibles
- Texte intégral
- Résumé officiel