CEDH · CASELAW;COMMUNICATEDCASES;ENG — 7 septembre 2023

.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 } .s9FE756B { height:54.25pt } .s5765B80C { height:101.65pt } .sE8AFF07F { height:92.95pt } .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   FOURTH SECTION Application no.   40064/21 Ivan Andreyevich MAMONOV against Russia and 21 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     40064/21 29/07/2021 Ivan Andreyevich MAMONOV 2002   Mariya Olegovna Eysmont Moscow Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 § 6.1 of CAO detention for 10 days Moscow City Court 04/02/2021 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;   Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report.     48298/21 20/09/2021 Andrey Petrovich GILYUK 1989   Vladimir Valeryevich Vasin Krasnoyarsk Rally "Free Navalnyy"   Krasnoyarsk   31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Krasnoyarsk Regional Court 29/04/2021 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     48622/21 20/09/2021 Ivan Sergeyevich PANTYUKOV 1990   Vladimir Valeryevich Vasin Krasnoyarsk Rally "Free Navalnyy"   Krasnoyarsk   31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Krasnoyarsk Regional Court 17/06/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings     48627/21 20/09/2021 Angelina Aleksandrovna NEPOMNYASHCHAYA 1997   Vladimir Valeryevich Vasin Krasnoyarsk Rally "Free Navalnyy"   Krasnoyarsk   31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Krasnoyarsk Regional Court 08/06/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings     49092/21 28/09/2021 Yuliya Pavlovna GONCHAROVA 1995     Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 § 6.1 of CAO fine of RUB   10,000 Moscow City Court 30/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 3.18 p.m. on 31/01/2021 until 8 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.     49096/21 28/09/2021 Dmitriy Igorevich ZAKHAROV 1997     Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 § 6.1 of CAO fine of RUB   10,000 Moscow City Court 30/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 3.40 p.m. on 31/01/2021 until 7 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.     49198/21 30/09/2021 Rozaliya Renatovna ILYASOVA 2000     Memorial Human Rights Centre Moscow Rally "Free Navalnyy"     Moscow   23/01/2021 article 20.2 § 5 of CAO fine of RUB   20,000 Moscow City Court 02/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 4.30 p.m. on 23/01/2021 until 00.00 a.m. 24/01/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.     49231/21 30/09/2021 Yuriy Aleksandrovich GURIN 1996     Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Rostov-on-Don   31/01/2021 article 19.3 § 1 of CAO detention for 10 days Rostov Regional Court 12/04/2021 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;   Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 1.45 p.m. on 31/01/2021 until 8 p.m. on 01/02/2021.     49355/21 22/09/2021 Maksim Alekseyevich VLADIMIROV 2000     Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 § 6.1 of CAO fine of RUB   10,000 Moscow City Court 08/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 5.15 p.m. on 31/01/2021 until 3.35 p.m. on 01/02/2021;   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   49479/21 22/09/2021 Ivan Sergeyevich SEMENYUK 1994     Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow   02/02/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 02/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 11 p.m. on 02/02/2021 until 7 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.   49673/21 16/09/2021 Robert Rinatovich GAYALIYEV 1991   Danil Ilnurovich Nurgaleyev Kazan Rally "Free Navalnyy"   Kazan   31/01/2021 article 20.2 § 5 of CAO 30 hours of community service Supreme Court of the Tatarstan Republic 24/03/2021 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) - 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.   49675/21 16/09/2021 Samat Ayratovich GARIPOV 1994   Danil Ilnurovich Nurgaleyev Kazan Rally "Free Navalnyy"   Kazan   31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Supreme Court of the Tatarstan Republic 24/03/2021 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) - 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.   49718/21 17/09/2021 Leyla Asifovna MAMEDOVA 1995   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 17/03/2021 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   49721/21 17/09/2021 Polina Denisovna ANKUDINOVA 2002   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 17/03/2021 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   49722/21 17/09/2021 Mikhail Ivanovich KUN 1995   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 17/03/2021 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   49752/21 16/09/2021 Anton Igorevich YEVDOKIMOV 1988     Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow   23/01/2021 article 20.2 § 6.1 of CAO detention for 10 days Moscow City Court 16/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 9.15 p.m. on 23/01/2021 until 2.30 p.m. on 25/01/2021;   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.   49766/21 22/09/2021 Darya Antonovna ZUBKOVA 1999     Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   St Petersburg   31/01/2021 article 20.2 § 2 of CAO detention for 9 days St Petersburg City Court 25/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 3.40 p.m. on 31/01/2021 until 10.30 a.m. on 01/02/2021;   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.   49829/21 18/09/2021 Mariya Vladimirovna PYANKOVA 2001   Varvara Dmitriyevna Mikhaylova St Petersburg Rally "Free Navalnyy"   St Petersburg   31/01/2021 article 20.2 § 2 of CAO fine of RUB   10,000 St Petersburg City Court 18/03/2021 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   49834/21 16/09/2021 Denis Konstantinovich LUGOVSKIY 1994   Daniil Aleksandrovich Semenov St Petersburg Rally "Free Navalnyy"   St Petersburg   23/01/2021 article 20.2 § 2 of CAO detention for 7 days St Petersburg City Court 16/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 5.30 p.m. on 23/01/2021 until 6 a.m. on 24/01/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.   49872/21 18/09/2021 Ruslan Yuryevich BONDARENKO 1980   Konstantin Aleksandrovich Markin Velikiy Novgorod Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 § 6.1 of CAO detention for 10 days Moscow City Court 26/03/2021 Art. 5 (1) - unlawful detention - escorting to 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.   49884/21 28/09/2021 Dmitriy Yuryevich KUZMENKO 1993     Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Bryansk   31/01/2021 article 20.2 § 5 of CAO, and article 20.2 § 6.1 of CAO fines of RUB   10,000 and RUB   1,000 Bryansk Regional Court 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) - 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 and detention at the police station after compiling an offence report from 1 p.m. on 31/01/2021 until 1 a.m. on 01/02/2021.   49939/21 28/09/2021 Yelizaveta Aleksandrovna PRIKHODKO 2001   Konstantin Aleksandrovich Markin Velikiy Novgorod Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 20/04/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based;   Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report.