CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 5 octobre 2023
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- 5 octobre 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 } .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 30 October 2023   THIRD SECTION Application no.   9494/20 Oleg Vladimirovich ARBUZOV against Russia and 29 other applications (see list appended) PROCEDURAL INFORMATION Following a preliminary examination of the admissibility of the applications on 5 October 2023, the Court decided, under Rule 54 § 2 (b) of the Rules of Court, that notice of the applications should be given to the Government of Russia. In the applications marked by an asterisk, other complaints were raised. This part of the applications has been struck out of the Court’s list of cases or declared inadmissible by the Court, sitting in a single-judge formation, assisted by a rapporteur as provided for in Article 24 § 2 of the Convention. In the enclosed list of applications, whenever an applicant is referred to using initials, this indicates that the Court has authorised anonymity for that person, whose identity will not be disclosed to the public (Rule 47 § 4). For further information on the procedure following communication of an application brought against Russia, subject of well-established case law of the Court, please refer to the Court’s website . SUBJECT MATTER The applications concern complaints raised under Article 11 of the Convention relating to disproportionate measures against organisers and participants of public assemblies which are the subject of well-established case law of the Court (see Frumkin v. Russia, no. 74568/12, ECHR 2016 (extracts), Navalnyy and Yashin v. Russia, no. 76204/11, 4 December 2014 and Kasparov and Others v. Russia, no. 21613/07, 3 October 2013).   APPENDIX – STATEMENT OF FACTS List of applications raising complaints under Article 11 of the Convention (disproportionate measures against organisers and participants of public assemblies) No. Application no. Date of introduction Applicant’s name Year of birth   Representative’s name and location Name of the public event Location Date Administrative charges Penalty Final domestic decision Court Name Date Other complaints under well-established case-law     9494/20* 12/02/2020 Oleg Vladimirovich ARBUZOV 1986   Memorial Human Rights Centre Moscow Manifestation for free elections to Mosgorduma   Trubnaya Square, Moscow   03/08/2019 article 20.2 § 5 of CAO 20 hours’ compulsory work Moscow City Court 16/10/2019 Art. 5 (1) - unlawful detention - Arrest and detention on 03/08/2019 from 2.45 p.m. to 9.50 p.m. - 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); the complaint was raised 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     43/23* 26/11/2022 Irina Aleksandrovna SOFONOVA 1997 Kristina Olegovna Tyurina Nizhniy Novgorod Manifestation   Nizhniy Novgorod   06/03/2022 article 20.2 § 5 of CAO administrative fine of RUB   10,000 Nizhniy Novgorod Regional Court 27/07/2022 Art. 5 (1) - unlawful detention - 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), raised 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     84/23* 29/11/2022 Maret Magomedovna BOCHAYEVA 1996 Natalya Andreyevna Baranova Moscow Manifestation against the war in Ukraine   Moscow   28/02/2022 article 20.2 § 5 of CAO administrative fine of RUB   10,000 Moscow City Court 05/08/2022 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - The app. 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;   Art. 5 (1) - unlawful detention - The applicant’s arrest and detention on 28/02/2022 from 8.05   p.m. to 3 a.m. on 01/03/2022 - 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); 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); the complaints were raised in the administrative proceedings     86/23 19/11/2022 Olga Sergeyevna SERKOVA 1982 Natalya Andreyevna Baranova Moscow Manifestation against the war in Ukraine   Moscow   13/03/2022 article 20.2 § 5 of CAO administrative fine of RUB   20,000 Moscow City Court 19/07/2022 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - The app. 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;   Art. 5 (1) - unlawful detention - The applicant was arrested and detained at the police station on 13/03/2022 from 4.30 p.m. to 9.10 p.m. - 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); the complaints were raised in the administrative proceedings     501/23* 27/11/2022 Irina Igorevna ZAMALEYEVA 2001 Rim Faridovich Sabirov Kazan Manifestation against the war in Ukraine   Kazan   27/02/2022 article 20.2 § 5 of CAO administrative fine of RUB   10,000 Supreme Court of the Tatarstan Republic 27/07/2022 Art. 5 (1) - unlawful detention - Detention took place between 27/02/2022 and 28/02/2022 (exact time unspecified) - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable on the spot to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, §   35, 2 July 2019); raised in the administrative proceedings     519/23* 21/11/2022 Artem Vyacheslavovich YEPIFANTSEV 1993     Manifestation against the war in Ukraine   Nizhniy Novgorod   06/03/2022 article 20.2 § 5 of CAO administrative fine of RUB   10,000 Nizhniy Novgorod Regional Court 04/08/2022 Art. 5 (1) - unlawful detention - Arrest 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) (raised 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       526/23* 29/11/2022 Semen Igorevich DENISOV 1981 Vladimir Sergeyevich Nemanov Moscow Manifestation against the war in Ukraine   Moscow   02/03/2022 article 20.2 § 5 of CAO administrative fine of RUB   18,000 Moscow City Court 29/07/2022 Art. 5 (1) - unlawful detention - Arrest and detention from 8 p.m. on 02/03/2022 to 2 a.m. on 03/03/2022 - 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); 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); the complaints were raised 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     881/23* 24/11/2022 Oksana Alekseyevna MINOVA 1977 Vladislav Vladimirovich Kosnyrev Syktyvkar Manifestation against the war in Ukraine   Moscow   24/02/2022 article 20.2 § 5 of CAO administrative fine of RUB   10,000 Moscow City Court 27/07/2022 Art. 5 (1) - unlawful detention - Arrest and detention on 24/02/2022 - 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), raised 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       1217/23* 30/11/2022 Aleksey Valeryevich SHIRSHOV 1980 Valeriya Aleksandrovna Arshinova Moscow Manifestation against the war in Ukraine   Moscow   25/02/2022 article 20.2 § 5 of CAO administrative fine of RUB   10,000 Moscow City Court 03/08/2022 Art. 5 (1) - unlawful detention - Arrest on 25/02/2022 - 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), the complaints were raised 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     1513/23* 10/12/2022 Aleksey Aleksandrovich KALININ 1995     Manifestation against the war in Ukraine   Moscow   24/02/2022 article 20.2 § 5 of CAO administrative fine of RUB   15,000 Moscow City Court 11/08/2022 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   1566/23* 24/12/2022 Vladislav Sergeyevich SHIRINKIN 1995 Yelena Valentinovna Makey Yekaterinburg Manifestation against the war in Ukraine   Yekaterinburg   02/03/2022 article 20.2 § 5 of CAO community service of 25 hours Sverdlovsk Regional Court 24/08/2022     1691/23* 15/12/2022 Natalya Nikolayevna KULIKOVA 1972     Manifestation against the war in Ukraine   Yekaterinburg   06/03/2022 article 20.2 § 5 of CAO administrative fine of RUB   15,000 Sverdlovsk Regional Court 18/08/2022 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 - Arrest and detention from 2.45 p.m. to 9 p.m. 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), 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); the complaints were raised in the administrative proceedings   1702/23* 24/12/2022 Aleksey Mikhaylovich LAPTEV 1984 Nataliya Andreyevna Baranova Moscow Manifestation against the war in Ukraine   Puskinskaya Square, Moscow   25/02/2022 article 20.2 § 5 of CAO administrative fine of RUB   15,000 Moscow City Court 25/08/2022 Art. 5 (1) - unlawful detention - Applicant on 25/02/2022 taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8   October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, §   35, 2 July 2019); raised in 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   1705/23* 30/11/2022 Ilya Olegovich ROZHNOV 1993 Nikolay Sergeyevich Zboroshenko Mytishchi Manifestation against the war in Ukraine   Moscow   24/02/2022 article 20.2 § 5 of CAO administrative fine of RUB   10,000 Moscow City Court 17/08/2022 Art. 5 (1) - unlawful detention - Arrest on 24/02/2022 - 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), the complaints were raised 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     1707/23* 30/11/2022 Ivan AVRAMCHUK 1989 Nikolay Sergeyevich Zboroshenko Mytishchi Manifestation against the war in Ukraine   Moscow   01/03/2022 article 20.2 § 5 of CAO administrative fine of RUB   20,000 Moscow City Court 05/08/2022 Art. 5 (1) - unlawful detention - Applicant on 01/03/2022 taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8   October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, §   35, 2 July 2019); the complaint was raised 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   1757/23* 12/12/2022 Olga Andreyevna STENNIKOVA 1994     Manifestation against the war in Ukraine   Novosibirsk   06/03/2022 article 20.2 § 5 of CAO administrative fine of RUB   10,000 Novosibirsk Regional Court 08/09/2022 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 - from 2.05 p.m. to 11.50 p.m. 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), 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); the 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 was unable to confront the police officers on whose written statements her conviction was based   1770/23* 22/12/2022 Anna Vladimirovna VYALKINA 1992     Manifestation against the war in Ukraine   Moscow   01/03/2022 article 20.2 § 5 of CAO administrative fine of RUB   20,000 Moscow City Court 25/08/2022 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   1777/23* 28/11/2022 Nikolay Yuryevich KHRUST 1982     Manifestation against the war in Ukraine   Moscow   13/03/2022 article 20.2 § 5 of CAO administrative fine of RUB   15,000 Moscow City Court 29/07/2022 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 - Arrest and detention on 13/03/2022 - 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), 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 was unable to confront the police officers on whose written statements his conviction was based   1895/23* 05/12/2022 Anton Yuryevich VAKHRANEV 1992     Two-person picket against the war in Ukraine   Moscow   03/03/2022 article 20.2 § 5 of CAO administrative fine of RUB   10,000 Moscow City Court 29/08/2022 Art. 5 (1) - unlawful detention - Detention took place between 6.20 p.m. and 8.30 p.m. on 03/03/2022 - 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); the complaint was raised 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   1997/23* 09/12/2022 Aleksey Mikhaylovich SHEMYAKIN 1992     Manifestation against the war in Ukraine   Moscow   24/02/2022 article 20.2 § 5 of CAO administrative fine of RUB   20,000 Moscow City Court 09/08/2022 Art. 5 (1) - unlawful detention - Arrest and detention from 8.47 p.m. on 24/02/2022 to 0.35 a.m. on 25/02/2022 - 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); (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   2091/23 03/12/2022 Aleksandra Vladimirovna LEZINA 1982 Konstantin Mikhaylovich Zinovyev Nizhniy Novgorod Manifestation against the war in Ukraine   Nizhniy Novgorod   01/03/2022 article 20.2 § 5 of CAO administrative fine of RUB   10,000 Nizhniy Novgorod Regional Court 04/08/2022 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 - Arrest on 28/03/2021 - 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) (raised in the administrative proceedings)   2098/23* 25/11/2022 Svetlana Antonovna SOLOVYEVA 1999     Manifestation against the war in Ukraine   Yekaterinburg   06/03/2022 article 20.2 § 5 of CAO administrative fine of RUB   15,000 Sverdlovsk Regional Court 28/07/2022 Art. 5 (1) - unlawful detention - 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); the complaint was raised 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   2108/23* 17/12/2022 Darya Sergeyevna PROSUNTSOVA 1994     Manifestation against the war in Ukraine   Moscow   02/05/2022 article 20.2 § 5 of CAO administrative fine of RUB   15,000 Moscow City Court 17/08/2022 Art. 5 (1) - unlawful detention - arrest and detention on 02/05/2022 - 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); the complaint was raised 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   2630/23* 20/12/2022 Aleksey Valeriyevich KONIN 1965     Manifestation against the war in Ukraine   Pushkinskaya Square, Moscow   25/02/2022 article 20.2 § 5 of CAO administrative fine of RUB   15,000 Moscow City Court 23/08/2022 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 5 (1) - unlawful detention - Arrest and detention at the police station form 7.15 p.m. on 25/02/2022 to 2.30 a.m. on 26/02/2022 - 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); 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) (the complaints raised in the administrative proceedings)   3818/23* 07/12/2022 Anna Sergeyevna MALITSKAYA 1988     Manifestation against the war in Ukraine   Manezhnaya Square, Moscow   02/03/2022 article 20.2 § 5 of CAO administrative fine of RUB   10,000 Moscow City Court 09/08/2022 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 - Arrest on 02/03/2022 - 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) (raised in the administrative proceedings),   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 the police officers on whose written statements her conviction was based   4236/23* 09/12/2022 Danil Rashidovich SADYKOV 1998     Manifestation against the war in Ukraine   Yekaterinburg   06/03/2022 article 20.2 § 5 of CAO fine of RUB   12,000 Sverdlovsk Regional Court 10/08/2022 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 - 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); the complaint raised in the administrative proceedings   4475/23* 08/01/2023 Tatyana Semenovna DRABKINA 1960     Manifestation   Moscow   02/04/2022 article 20.2 § 5 of CAO administrative fine of RUB   10,000 Moscow City Court 09/09/2022 Art. 5 (1) - unlawful detention - Arrest and detention on 02/04/2022 from 2.30 p.m. to 11.30   p.m. - 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); the complaints were raised 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   4918/23 13/01/2023 Alina Nailyevna LATYPOVA 1988 Rim Faridovich Sabirov Kazan Manifestation against the war in Ukraine   Kazan   23/03/2022 article 20.3.3 of CAO administrative fine of RUB   30,000 Supreme Court of the Republic of Tatarstan 14/09/2022 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. 4 - right not to be tried or punished twice in criminal proceedings - The applicant was convicted for participation in the manifestation of 23/03/2022 twice. First: Supreme Court of the Republic of Tatarstan, 18/05/2022; Art. 20.2. para 1 of the CAO; administrative fine of RUB   10,000. Second: First: Supreme Court of the Republic of Tatarstan, 14/09/2022; Art. 20.3.3 of the CAO; administrative fine of RUB   30,000.   5339/23* 28/12/2022 Nataliya Aleksandrovna TIKHONOVA 1992     Manifestation against the war in Ukraine   Moscow   02/04/2022 article 20.2 § 5 of CAO administrative fine of RUB   16,000 Moscow City Court 01/09/2022 Art. 5 (1) - unlawful detention - Detention took place between 3 p.m. and 7.30 p.m. on 02/04/2022 - 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), Detention on 22/06/2022 from 9.10 a.m. to 6 p.m. - Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v.   Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018); (both complaints were raised 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   5981/23* 12/01/2023 Oksana Alekseyevna MALININA 1993     Manifestation against the war in Ukraine   Moscow   13/03/2022 article 20.2 § 5 of CAO administrative fine RUB   15,000 Moscow City Court 13/09/2022 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 - Arrest and detention from 2.07 p.m. to 10.50 p.m. on 13/03/2022 - 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), 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) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - The applicant was unable to confront the police officers on whose statements her conviction was based  Citations
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Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;COMMUNICATEDCASES;ENG
- Date
- 5 octobre 2023
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:001-228428
Données disponibles
- Texte intégral
- Résumé officiel