CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 7 septembre 2023
- ECLI
- ECLI:CEDH:001-227992
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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 } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s34DFC730 { margin-top:0pt; margin-bottom:0pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s54AB6003 { margin-top:66pt; margin-bottom:14pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .sE7C30868 { margin-top:12pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s2D9C6089 { margin-top:12pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .sA36B60A1 { font-family:Arial; font-style:italic } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s4ACA9207 { page-break-before:always; clear:both; mso-break-type:section-break } .s6DB91820 { text-align:center } .s8BB62139 { margin-right:auto; margin-left:auto; border-collapse:collapse } .s3695F815 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top; background-color:#dfdfdf } .sDF237D91 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:8pt } .sEECE831 { font-family:Arial; font-weight:bold; color:#474747 } .sE8934522 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top } .s6B505E72 { margin:0pt; padding-left:0pt } .s4F2ADFDB { text-align:center; font-family:Arial; font-size:8pt; list-style-position:inside } .sBB6163A7 { width:2.48pt; font:7pt 'Times New Roman'; display:inline-block } Published on 2 October 2023   FOURTH SECTION   Application no.   25187/15 Sergey Vladimirovich LUTSEVICH against Russia and 35 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 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     25187/15* 12/05/2015 Sergey Vladimirovich LUTSEVICH 1976       Demonstration in support of the media channel "Dozhd"   Moscow   08/02/2014 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 12/11/2014 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings     19779/20* 23/03/2020 Zinaida Aleksandrovna GILYAZOVA 1989   Yevgeniy Vyacheslavovich Antokhin Moscow Anti-war manifestation   Moscow   06/03/2022 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 07/09/2022 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings – final decisions by the Moscow City Court on 26/09/2019 (participation in an unauthorised manifestation on 10/08/2019, fine of RUB   10,000, article 20.2 § 5 of CAO) and by the Moscow City Court on 07/09/2022;   Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 10/08/2019 from 5.40   p.m. to 1   a.m. on 11/08/2019- 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); arrest and detention on 06/03/2022 - 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) (both complaints raised in the respective proceedings)     13723/21* 10/02/2021 Ruslan Mansurovich ZINATULLIN 1978       Participation in the Municipal Russia Forum organised by the Open Russia public association   Moscow   13/03/2021 article 20.33 of CAO fine of RUB 5,000 Vakhitovskiy District Court of Kazan 01/07/2021 Art.   5 (1) - unlawful deprivation of liberty - The applicant was arrested on 03/06/2020 in connection with the solo picket the applicant held on 15/05/2020 - Applicant was 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 raised on appeal in the administrative-offence proceedings),   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 administrative proceedings which ended with the final decision on 16/09/2020,     Art.   11 (1) - restrictions on location, time or manner of conduct of public events - The applicant complained of the authorities’ refusal to approve a manifestation in support of victims of political repressions on 02/11/2019 in Kazan. On 18/10/2019 the applicant notified the authorities of his wish to hold that event, however, the authorities proposed to change the location because another event had already been planned there. The final decision was taken by the Supreme Court of the Russian Federation on 07/04/2021, complaint lodged on 06/10/2021,   Art.   10 (1) - disproportionate measures against solo demonstrators - Kazan, Military Commissariat, 15/05/2020, Solo Picket against mandatory military service (conscription); Article 20.2 § 1 of CAO; penalty: 30 hours’ community service; final decision taken by the Supreme Court of the Tatarstan Republic on 16/09/2020     16050/21* 05/03/2021 Yevgeniy Vadimovich DILMAN 2001     Memorial Human Rights Centre Moscow Manifestation in support of S. Furgal   Komsomolsk-on-Amur   29/07/2020 article 20.2 § 5 of CAO fine of RUB 10,000 Khabarovsk Regional Court 07/12/2020       21993/21* 07/04/2021 Yevgeniy Konstantinovich KOSTOMAROV 1989     Memorial Human Rights Centre Moscow Manifestation in support of A. Navalnyy ("Otpuskai")   Moscow   02/02/2021 article 20.2 § 6.1 of CAO administrative detention 12 days Moscow City Court 09/02/2021 Art.   6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art.   5 (1) - unlawful deprivation of liberty - arrest and detention on 02-03/02/2021 - Applicant was 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),   Prot. 7 Art.   2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant on 03/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO (see Tsvetkova and Others v.   Russia, no.   54381/08, §§ 179-91, 10 April 2018; Martynyuk v.   Russia, no.   13764/15, §§   38 ‑ 42, 8 October 2019)     29794/21 08/05/2021 Viola Nikolayevna TITOVA 1983       Manifestation in support of S. Furgal   Krasnoyarsk   15/08/2020 article 20.2 § 5 of CAO fine RUB 10,000 Krasnoyarsk Regional Court 12/11/2020 Art.   6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Karelin v.   Russia, no.   926/08, 20 September 2016     30013/21 08/05/2021 Vladimir Andreyevich DUBOVSKIY 1991   Vladimir Valeryevich Vasin Krasnoyarsk Manifestation in support of S. Furgal   Krasnoyarsk   01/08/2020 article 20.2 § 5 of CAO fine RUB 10,000 Krasnoyarsk Regional Court 12/11/2020 Art.   6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Karelin v.   Russia, no.   926/08, 20 September 2016     30082/21* 11/05/2021 Mikhail Mikhaylovich MOROZOV 1984   Darya Dmitriyevna Aksenova Kolomna Manifestation in support of A. Navalnyy   Moscow   31/01/2021 article 20.2 § 6.1 of CAO administrative detention of 14 days Moscow City Court 12/02/2021 Art.   5 (1) - unlawful deprivation of liberty - arrest and overnight detention from 3 p.m. on 31/01/2021 to 01/02/2021 - Applicant was 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: 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),   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     31703/21* 07/06/2021 Aleksandr Aleksandrovich SIBIKIN 1991     Memorial Human Rights Centre Moscow Manifestation in support of A. Navalnyy   Moscow, Matrosskaya Tishina   31/01/2021 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 26/03/2021 Art.   5 (1) - unlawful deprivation of liberty - arrest and detention on 31/01/2021 from 4.40   p.m. to 11.40 p.m. - Applicant was 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: 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) (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   31824/21* 16/06/2021 Andrey Dmitriyevich GARIFULLIN 1987   Aleksandra Nikolayevna Bayeva Moscow Manifestation in support of A. Navalnyy   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB 12,000 Moscow City Court 12/04/2021 Art.   5 (1) - unlawful detention - arrest and detention from 11.45 a.m. to 10.45 p.m. on 31/01/2021   - Applicant was 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 (Korneyeva, § 34; Ryabinina and Others [Committee], § 35). Detention as an administrative suspect for 11   hours: 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,   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 statement the conviction was based.   31827/21* 16/06/2021 Anton Dmitriyevich GONCHARUK 1996   Aleksandra Nikolayevna Bayeva Moscow Manifestation in support of A. Navalnyy   Moscow   31/01/2021 article 20.2 § 6.1 of CAO administrative arrest of 8   days St Petersburg City Court 09/03/2021 Art.   5 (1) - unlawful detention - arrest and detention from 1.30 p.m. on 31/01/2021 to 6 p.m. on 01/02/2021 - applicant was 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 (Korneyeva, § 34; Ryabinina and Others [Committee], § 35). Detention as an administrative suspect for 28   hours: 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,   Prot. 7 Art.   2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 01/02/2021 was executed immediately, on the account of lack of suspensive effect of an appeal under the CAO   31854/21* 16/06/2021 Yegor Timofeyevich NECHAYEV 2001   Aleksandra Nikolayevna Bayeva Moscow Manifestation in support of A. Navalnyy   Moscow   31/01/2021 article 20.2 § 6.1 of CAO arrest of 15 days Moscow City Court 08/02/2021 Art.   5 (1) - unlawful detention – arrest and detention on 31/01/2021 at the police station - the applicant was 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. Detention as an administrative suspect for 23   hours (from 5.30 p.m. on 31/01/2021 to 5 p.m. on 01/02/2021: 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,   Prot. 7 Art.   2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant on 01//02/2021 was executed immediately, on the account of lack of suspensive effect of an appeal under the CAO   36365/21* 30/06/2021 Arseniy Mikhaylovich CHEKANOV 2002     Memorial Human Rights Centre Moscow Manifestation in support of A. Navalnyy   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 14/04/2021 Art.   5 (1) - unlawful detention - arrest and detention from 4.30 p.m. on 31/01/2021 to 4.30   a.m. on 01/02/2021 - 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). 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),   Art.   6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   40552/21* 30/07/2021 Olga Valentinovna LEVINA 1956   Ivan Yuryevich Zhdanov Vilnius Manifestation in support of A. Navalnyy   Tambov   31/01/2021 article 20.2 § 3 of CAO administrative detention of 15 days Tambov Regional Court 05/02/2021 Art.   5 (1) - unlawful detention - arrest and detention on 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, § 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   45532/21* 12/08/2021 Andrey Sergeyevich CHVANOV 1976   Regina Ilgizovna Shagiyeva Leninigorsk Manifestation in support of A. Navalnyy   Naberezhnyye Chelny   23/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Supreme Court of the Tatarstan Republic 10/03/2021 Art.   5 (1) - unlawful detention - escorting to the police station on 23/01/2021 and then on 30/01/2021 for compiling an offence report,   Prot. 7 Art.   2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant in administrative-offence proceedings under Article   20.2 § 2 of CAO (see below) was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO,   Art.   10 (1) - conviction for making calls to participate in public events - the applicant posted information on Internet concerning the rally to support A. Navalnyy on 31/01/2021, conviction under Article 20.2 § 2 of CAO, penalty in the form of detention for 9 days, final decision on 10/03/2021 by the Supreme Court of the Tatarstan Republic,   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 police officers on whose written statements the applicant’s conviction was based (both sets of the administrative offence proceedings)   51383/21* 30/09/2021 Olga Anatolyevna SHKOLINA 1977     Memorial Human Rights Centre Moscow Manifestation in support of A. Navalnyy   Arkhangelsk   16/01/2021 article 20.2.2 § 1 of CAO fine of RUB 11,000 Arkhangelsk Regional Court 02/04/2021 Art.   6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   53264/21* 01/10/2021 Olga Sergeyevna YELSAKOVA 1978   Oksana Anatolyevna Vladyka Arkhangelsk Manifestation in support of A. Navalny   Arkhangelsk   16/01/2021 article 20.2 § 2 of CAO 45 hours of community service Arkhangelsk Regional Court 01/04/2021 Art.   6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   57562/21* 07/11/2021 Sharafdzhon Mukimdzhonovich SOBIROV 1984   Nikolay Sergeyevich Zboroshenko Mytishchi Demonstration in support of Izzat Amon   Moscow   02/04/2021 article 20.2 § 5 of CAO fine of RUB 5000 Moscow City Court 13/07/2021 Art.   5 (1) - unlawful deprivation of liberty - Detention took place on 02/04/2021 in excess of 3   hours. The applicant was taken to a police station for the sole purpose of drawing up an administrative offence record (raised on appeal in 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,   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   57565/21* 07/11/2021 Murodali Makhmadnaimovich SALIMOV 1999   Nikolay Sergeyevich Zboroshenko Mytishchi Demonstration in support of Izzat Amon   Moscow   02/04/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 13/07/2021 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 deprivation of liberty - Detention took place on 02/04/2021 in excess of 3   hours. The applicant was taken to a police station for the sole purpose of drawing up an administrative offence record (raised on appeal in the administrative 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   58164/21* 05/11/2021 Mariya Alekseyevna SMIRNOVA 1988   Nikolay Sergeyevich Zboroshenko Mytishchi Picket in support of A.   Navalnyy   Moscow   19/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 25/08/2021 Art.   5 (1) - unlawful deprivation of liberty - Detention took place on 19/01/2021 in excess of three hours. The applicant was taken to a police station for the sole purpose of drawing up an administrative offence record (raised on appeal in 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,   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   1435/22* 21/12/2021 Aleksandr Andreyevich YARKIN 2002   Mansur Idrisovich Gilmanov Podolsk March of Russian nationalists   Moscow   04/11/2020 article 20.2 § 6.1 of CAO fine of RUB 20,000 Moscow City Court 27/09/2021 Art.   6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings, in particular, before the first instance court,   Art.   5 (1) - unlawful deprivation of liberty – escorting to a police station on 04/11/2020 for the sole purpose of drawing up a record of administrative offence - 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)   7143/22* 31/01/2022 Svyatoslav Andreyevich LEKONTSEV 2002   Ivan Yuryevich Zhdanov Vilnius Manifestation in support of A. Navalnyy   Perm   21/04/2021 article 20.2 §   5 of CAO fine of RUB 10,000 Perm Regional Court 25/08/2021 Art.   6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   8108/22* 18/01/2022 Anastasiya Olegovna GOMENYUK 1986   Mariya Valeryevna Chashchilova Moscow Manifestation in support of A. Navalnyy   Moscow   31/01/2021 article 20.2 §   5 of CAO fine of RUB 10,000 Moscow City Court 27/10/2021 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 deprivation of liberty - The applicant complained of her detention on 31/01/2021 and that the administrative-offence report could have been drawn up at the place where the offence had been discovered (see Navalnyy and Yashin v.   Russia, no.   76204/11, §   92, 4 December 2014; Korneyeva v.   Russia, no.   72051/17, §   34, 8   October 2019; and Ryabinina and Others v.   Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019). The applicant also complained that she had been detained for more than three hours after the offence record was drawn up without any justification (Tsvetkova and Others v.   Russia, nos.   54381/08 and 5 others, §§   121-22, 10 April 2018). She was detained at 11:50 a.m. on 31/01/2021 and released at midnight. Both complaints were raised on appeal.   Art.   6 (1) - and Art.   6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - The applicant complained that she had been unable to cross-examine during the court proceedings the police officers on whose written statements her conviction was based. She duly provided the officers’ names in her motions to domestic courts and explained why it was important to call and examine them.   8587/22 14/01/2022 Sergey Aleksandrovich SMIRNOV 2000   Konstantin Mikhaylovich Zinovyev Nizhniy Novgorod Manifestation in support of A. Navalnyy   Nizhniy Novgorod   31/01/2021 article 20.2 §   6.1 of CAO fine of RUB 5,000 Nizhniy Novgorod Regional Court 15/07/2021 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 deprivation of liberty - The applicant complained of his detention on 31/01/2021 and that the administrative-offence report could have been drawn up at the place where the offence had been discovered (see Navalnyy and Yashin v.   Russia, no.   76204/11, §   92, 4 December 2014; Korneyeva v.   Russia, no.   72051/17, §   34, 8   October 2019; and Ryabinina and Others v.   Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2   July 2019). The applicant also complained that he had been detained for more than three hours after the offence record was drawn up without any justification (Tsvetkova and Others v.   Russia, nos.   54381/08 and 5 others, §§   121-22, 10 April 2018). He was detained at 12:30 p.m. on 31/01/2021 and released at 6:30 p.m. on the same day. Both complaints were raised on appeal.   8599/22 14/01/2022 Vyacheslav Vyacheslavovich ISAKOV 1974   Konstantin Mikhaylovich Zinovyev Nizhniy Novgorod Manifestation in support of A. Navalnyy   Nizhniy Novgorod   31/01/2021 article 20.2 §   5 of CAO fine of RUB 5,000 Nizhniy Novgorod Regional Court 15/07/2021 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 deprivation of liberty - The applicant complained of his detention on 31/01/2021 and that the administrative-offence report could have been drawn up at the place where the offence had been discovered (see Navalnyy and Yashin v.   Russia, no.   76204/11, §   92, 4 December 2014; Korneyeva v.   Russia, no.   72051/17, §   34, 8   October 2019; and Ryabinina and Others v.   Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019). The applicant also complained that he had been detained for more than three hours after the offence record was drawn up without any justification (Tsvetkova and Others v.   Russia, nos.   54381/08 and 5 others, §§   121-22, 10 April 2018). He was detained at 12:30 p.m. on 31/01/2021 and released at 8:00 p.m. the same day. Both complaints were raised on appeal.   Art.   6 (1) - and Art.   6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - The applicant complained that he had been unable to cross-examine during the court proceedings the police officers on whose written statements his conviction was based. He duly provided the officers’ names in his motions to domestic courts and explained why it was important to call and examine them.   12376/22* 24/02/2022 Manzar Shokhimboyevich YUSUPOV 1985   Kseniya Dmitriyevna Prosvirkina Moscow Demonstration in support of Izzat Amon   Moscow   02/04/2021 article 20.2 §   5 of CAO fine of RUB 10,000 Moscow City Court 27/08/2021 Art.   6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   12869/22 17/02/2022 Andrey Valeryevich KRAVTSOV 1984   Ilya Vladimirovich Sivoldayev Voronezh Manifestation in support of A. Navalnyy   Voronezh   21/04/2021 article 20.2 §   5 of CAO fine of RUB 10,000 Voronezh Regional Court 17/08/2021 Art.   6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings (see Karelin v.   Russia, no.   926/08, §§   69-84, 20 September 2016).   13120/22* 17/02/2022 Igor Aleksandrovich GREKOV 1994     Memorial Human Rights Centre Moscow Manifestation in support of A. Navalnyy   Voronezh   21/04/2021 article 20.2 §   5 of CAO fine of RUB 10,000 Voronezh Regional Court 23/08/2021 Art.   6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings (see Karelin v.   Russia, no.   926/08, §§   69-84, 20 September 2016),   Art.   5 (1) - unlawful deprivation of liberty - The applicant complained of his detention on 21/04/2021 and that the administrative-offence report could have been drawn up at the place where the offence had been discovered (see Navalnyy and Yashin v.   Russia, no.   76204/11, §   92, 4 December 2014; Korneyeva v.   Russia, no.   72051/17, §   34, 8   October 2019; and 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 - The applicant complained that he had been unable to cross-examine during the court proceedings the police officers on whose written statements his conviction was based. He duly provided the officers’ names in his motions to domestic courts and explained why it was important to call and examine them.   13124/22 17/02/2022 Aleksey Sergeyevich FILIPPOV 1989     Memorial Human Rights Centre Moscow Manifestation in support of A. Navalnyy   Ivanovo   21/04/2021 article 20.2 §   5 of CAO fine of RUB 10,000 Ivanovo Regional Court 23/08/2021 Art.   6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings (see Karelin v.   Russia, no.   926/08, §§   69-84, 20 September 2016),   Art.   5 (1) - unlawful deprivation of liberty - The applicant complained of his detention on 21/04/2021 and that the administrative-offence report could have been drawn up at the place where the offence had been discovered (see Navalnyy and Yashin v.   Russia, no.   76204/11, §   92, 4 December 2014; Korneyeva v.   Russia, no.   72051/17, §   34, 8   October 2019; and 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 - The applicant complained that he had been unable to cross-examine during the court proceedings the police officers on whose written statements his conviction was based. He duly provided the officers’ names in his motions to domestic courts and explained why it was important to call and examine them.   13126/22* 17/02/2022 Lev Robertovich PUSHNOV 1963     Memorial Human Rights Centre Moscow Manifestation in support of A. Navalnyy   Moscow   31/01/2021 article 20.2 §   6.1 of CAO fine of RUB 15,000 Moscow City Court 23/09/2021 Art.   6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings (see Karelin v.   Russia, no.   926/08, §§   69-84, 20 September 2016),   Art.   5 (1) - unlawful deprivation of liberty - The applicant complained of his detention on 31/01/2021 and that the administrative-offence report could have been drawn up at the place where the offence had been discovered (see Navalnyy and Yashin v.   Russia, no.   76204/11, §   92, 4 December 2014; Korneyeva v.   Russia, no.   72051/17, §   34, 8   October 2019; and 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 - The applicant complained that he had been unable to cross-examine during the court proceedings the police officers on whose written statements his conviction was based. He duly provided the officers’ names in his motions to domestic courts and explained why it was important to call and examine them   13540/22* 31/01/2022 Andrey Denisovich BOKAREV 1997   Ruslan Yuryevich Bannikov Voronezh Manifestation in support of A. Navalnyy   Voronezh   21/04/2021 article 20.2 §   5 of CAO fine of RUB 10,000 Voronezh Regional Court 28/09/2021 Art.   5 (1) - unlawful deprivation of liberty - arrest and detention on 21-22/04/2021 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence (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   19137/22* 26/03/2022 Tazret Sergeyevich TEDEYEV 1991       Manifestation in support of A. Navalnyy   Moscow   02/02/2021 article 20.2 §   6.1 of CAO fine of RUB 10,000 Moscow City Court 27/09/2021 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 deprivation of liberty - arrest on 02/02/2021 for the sole purpose of drawing up a record of administrative offence (raised on appeal)   28513/22* 13/05/2022 Nadezhda Leonidovna ZAGORDAN 1984   Yuliya Mikhaylovna Tregubova Balashikha Manifestation in support of A. Navalnyy   Moscow   23/01/2021 article 20.2 §   5 of CAO fine of RUB 20,000 Moscow City Court 17/11/2021 Art.   6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   29348/22 14/05/2022 Stepan Vladimirovich SAMOYLENKO 1993   Natalya Andreyevna Baranova Moscow Manifestation in support of A. Navalnyy   Moscow   21/04/2021 article 20.2 §   5 of CAO fine of RUB 20,000 Moscow City Court 15/11/2021 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 deprivation of liberty - arrest on 22/05/2021 for the sole purpose of drawing up a record of administrative offence (raised on appeal)   30755/22* 06/03/2022 Aleksandr Nikolayevich KOLOSOV 1981     Memorial Human Rights Centre Moscow "Political performance" in support of "The Other Russia" political party of E. Limonov   St Petersburg   29/07/2021 article 20.2 §   2 of CAO administrative detention of 3 days St Petersburg City Court 07/09/2021 Art.   5 (1) - unlawful detention - Detention took place from 3 p.m. on 29/07/2021 to 3 p.m. on 30/07/2021. The applicant was taken to a police station for the sole purpose of drawing up an administrative offence record (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,   Prot. 7 Art.   2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant on 30/07/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO   5090/23* 13/01/2023 Aleksandr Yevgenyevich SHAPOSHNIKOV 2003   Vladimir Sergeyevich Nemanov Moscow Demonstration in memory of Boris Nemtsov   Moscow   27/02/2022 article 20.2 §   5 of CAO fine of RUB 15,000 Moscow City Court 13/09/2022 Art.   5 (1) - unlawful deprivation of liberty - Detention took place from 5.45 p.m. on 27/02/2022 to 2.55 a.m. on 28/02/2022. The applicant was taken to a police station for the sole purpose of drawing up an administrative offence record and remained in the detention beyond 3-hour statutory period (raised on appeal in 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  Citations
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Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;COMMUNICATEDCASES;ENG
- Date
- 7 septembre 2023
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:001-227992
Données disponibles
- Texte intégral
- Résumé officiel