CEDH · CASELAW;COMMUNICATEDCASES;ENG — 5 octobre 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 } .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 } .s5FFF0A7E { margin-top:0pt; margin-bottom:0pt; font-size:8pt } Published on 30 October 2023   FOURTH SECTION Application no.   21782/21 Anton Alekseyevich ZHUKOVETS against Russia and 19 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     21782/21* 02/04/2021 Anton Alekseyevich ZHUKOVETS 1996 Vyacheslav Sergeyevich Ivanets Tbilisi, Georgia Rally "Free Navalnyy"   Irkutsk   23/01/2021 article 20.2 § 2 of CAO detention for 10 days Irkutsk Regional Court 28/01/2021 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     31152/21* 23/05/2021 Arkadiy Vasilyevich TRIFONOV 1966 Anna Yevgenyevna Bochilo Barnaul Rally "Free Navalnyy"   Barnaul 23/01/2021   Rally "Free Navalnyy"   Barnaul 21/04/2021 article 20.2 § 6.1 of CAO         article 20.2 § 6.1 of CAO fine of RUB 10,000       40 hours of community work Altay Regional Court 17/03/2021       Altay Regional Court 10/06/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 3:00 p.m. on 23/01/2021 and the afternoon of 24/01/2021; escorting to the police station for compiling an offence record on 21/04/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of the administrative proceedings (concerning the events of 23/01/2021 and 21/04/2021)     34911/21 20/06/2021 Maksimilian Vitalyevich FEDYUNIN 1979 Anna Yevgenyevna Bochilo Barnaul Rally "Free Navalnyy"   Lipetsk 23/01/2021   Rally "Free Navalnyy"   Lipetsk 21/04/2021 article 20.2 § 5 of CAO         article 20.2 § 5 of CAO fine of RUB 10,000       fine of RUB 75,000 Lipetsk Regional Court 11/03/2021       Lipetsk Regional Court 27/05/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 11.00 a.m. and the evening on 31/01/2021, escorting to and detention at the police station for compiling an offence record between 8:05 p.m. on 21/04/2021 and 1:45 p.m. on 22/04/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of 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 the trial the police officer on whose written statements the applicant’s conviction was based in both sets of the administrative proceedings     43664/21 12/08/2021 Valeriya Dmitriyevna DELINA 2000 Aleksey Vladimirovich Glukhov Novocheboksarsk Rally "Free Navalnyy"   Cheboksary 23/01/2021 Rally "Free Navalnyy"   Cheboksary 21/04/2021 article 20.2 § 5 of CAO             article 20.2 § 8 of CAO fine of RUB 10,000           40 hours of community work Supreme Court of the Republic of Chuvashia 25/03/2021         Supreme Court of the Republic of Chuvashia 24/06/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record on 04/06/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of 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 the trial the police officers on whose written statements the applicant’s conviction was based, in both sets of the administrative proceedings     48085/21* 07/09/2021 Irina Kimovna OGANESYAN 1959 Darya Dmitriyevna Aksenova Kolomna Rally "Free Navalnyy"   Moscow 23/01/2021 article 20.2 § 6.1 of CAO fine of RUB 15,000 Moscow City Court 10/03/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record on 23/01/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   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     49873/21 22/09/2021 Anton Sergeyevich FILIPPOV 1988 Anna Yevgenyevna Bochilo Barnaul Rally "Free Navalnyy"   Moscow 31/01/2021   Anti-war protest   Moscow 24/02/2022 article 20.2 § 6.1 of CAO         article 20.2 § 8 of CAO fine of RUB 10,000       detention for 30 days Moscow City Court 26/03/2021       Moscow City Court 14/03/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 3:30 p.m. on 31/01/2021 and 4:00 p.m. on 01/02/2021; escorting to and detention at the police station for compiling an offence record between 8:30 p.m. on 24/02/2022 and 7:10 a.m. on 25/02/2022,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of the administrative proceedings (concerning the events of 31/01/2021 and 24/02/2022),   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, in both sets of the administrative proceedings (concerning the events of 31/01/2021 and 24/02/2022),   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 / Tushinskiy District Court of Moscow on 25/02/2022     50845/21 24/09/2021 Andrey Anatolyevich ISAKOV 1959 Vladislav Vladimirovich Kosnyrev Syktyvkar Rally "Free Navalnyy"   Syktykvkar 31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Supreme Court of the Komi Republic 24/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 1:30 p.m. and 9:30 p.m. on 31/01/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings     51556/21* 29/09/2021 Olga Alekseyevna ZENINA 1952 Irina Vladimirovna Gak Rostov-on-Don Rally "Free Navalnyy"   Rostov-on-Don 31/01/2021 article 20.2 § 6.1 of CAO fine of RUB 10,000 Rostov Regional Court 30/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 1:00 p.m. and 6 p.m. on 31/01/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based     54357/21* 20/10/2021 Yevgeniy Vladimirovich NEVECHERYA 1978 Dmitriy Sergeyevich Dimitriyev Orenburg Rally "Free Navalnyy"   Orenburg 31/01/2021 article 20.2 § 5 of CAO fine for RUB 10,000 Orenburg Regional Court 20/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 1.45 p.m. and 5.30 p.m. on 31/01/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   27/22 26/11/2021 Konstantin Viktorovich KISELEV 1963 Aleksey Vladimirovich Bushmakov Yekaterinburg Rally "Free Navalnyy"   Yekaterinburg 23/01/2021   Rally "Free Navalnyy"   Yekaterinburg 31/01/2021 article 20.2 § 5 of CAO         article 20.2 § 5 of CAO fine of RUB 15,000       fine of RUB 15,000 Sverdlovsk Regional Court 24/06/2021       Sverdlovsk Regional Court 16/06/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of administrative proceedings (concerning the events of 23/01/2021 and 31/01/2021)   6368/22* 15/01/2022 Darya Aleksandrovna BELYAYEVA 1991 Roman Yevgenyevich Kachanov Yekaterinburg Rally against police abuse   Yekaterinburg 23/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Sverdlovsk Regional Court 18/08/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   14423/22 16/02/2022 Konstantin Leonidovich MIKHAYLOV 1996 Viktor Valeryevich Kochenkov Izhevsk Rally "Free Navalnyy"   Izhevsk 21/04/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Supreme Court of the Republic of Udmurtia 16/08/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 08.00 p.m. and 11.40 p.m. on 31/01/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based   16210/22 18/01/2022 Aleksey Sergeyevich STERKHOV 1980 Viktor Valeryevich Kochenkov Izhevsk Rally "Free Navalnyy"   Izhevsk 31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Supreme Court of the Republic of Udmurtia 19/07/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 12:30 p.m. and 5:10 p.m. on 31/01/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based   25328/22* 21/04/2022 Vladislav Vitalyevich ARINICHEV 1993   Aleksandr Denisovich BEZRUCHKIN 2000   Timofey Aleksandrovich DANILOV 1998   Pavel Alekseyevich GLAZKOV 1975   Stanislav Yuryevich KARMAKSKIKH 1986   Petr Andreyevich SAMSONOV 1990   Aleksandr Nikolayevich SHRAMKOV 1965   Denis Sergeyevich SKUDAYEV 1981   Natalya Andreyevna Baranova Moscow Mr Arinichev: anti-war protest   Moscow 08/03/2022   Mr Bezruchkin: anti-war protest   Moscow 11/03/2021   Mr Danilov: anti-war protest   Yaroslavl 06/03/2022   Mr Glazkov: anti-war protest   Moscow 13/03/2022   Mr Karmakskikh: anti-war protest   Tomsk 06/03/2022   Mr Samsonov: anti-war protest   Tomsk 06/03/2022   Mr Shramkov: anti-war protest   Volokonovka 14/03/2022     Mr Skudayev: anti-war protest   Perm 06/03/2022 article 20.3.3 § 1 of CAO         article 20.3.3 § 1 of CAO         article 20.3.3 § 1 of CAO         article 20.3.3 § 1 of CAO         article 20.3.3 § 1 of CAO         article 20.3.3 § 1 of CAO           article 20.3.3 § 1 of CAO           article 20.3.3 § 1 of CAO fine of RUB 50,000       fine of RUB 50,000       fine of RUB 30,000       fine of RUB 50,000       fine of RUB 45,000       fine of RUB 30,000         fine of RUB 40,000         fine of RUB 30,000 Moscow City Court 11/05/2022       Moscow City Court 17/05/2022       Yaroslavl Regional Court 19/05/2022       Moscow City Court 26/04/2022       Tomsk Regional Court 08/04/2022       Tomsk Regional Court 08/04/2022         Belgorod Regional Court 23/05/2022         Perm Regional Court 26/05/2022       28106/22* 17/05/2022 Marina Pal SINGKH 1997 Oleg Borisovich Fazulyanov St Petersburg Photo session to protest violence against women   St Petersburg 25/11/2021   Anti-war protest   St Petersburg 24/02/2022 article 20.2 § 2 of CAO     article 20.2.2 § 1 of CAO fine of RUB 20,000   detention for 15 days St Petersburg City Court 18/01/2022   St Petersburg City Court 05/04/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 8.50 p.m. on 25/11/2021 and 5.00 p.m. on 27/11/2021; between 9.50 p.m. on 24/02/2022 and 5.15 a.m. on 25/02/2022,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of the administrative proceedings (concerning the events of 25/11/2021 and 24/02/2022),   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 in both sets of the administrative proceedings   38898/22* 22/07/2022 Konstantin Vitalyevich MIKHAYLOV 1987 Inna Viktorovna Kosheleva Kirov Opposition rally   Kirov 03/02/2022 article 20.2 § 2 of CAO fine of RUB 20,000 Kirov Regional Court 06/04/2022 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   38906/22* 29/07/2022 Artem Aleksandrovich SHCHELOKOV 1988 Ruslan Yuryevich Bannikov Voronezh Anti-war protest   Voronezh 24/02/2022 article 20.2 § 8 of CAO detention for 1 day Voronezh Regional Court 07/04/2022 Art. 10 (1) – disproportionate measures against solo demonstrators – on 06/03/2022 in Voronezh / solo protest against war in Ukraine / conviction under article 20.3.3 § 1 of CAO / fine of RUB 30,000 / final decision on 06/07/2022 by the Voronezh Regional Court;   Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 8.00 p.m. on 24/02/2022 and his transfer to a court on the next day, on 25/02/2022; escorting the police station for compiling an offence record on 06/03/2022,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings – on 25/02/2022 in the Central District Court of Voronezh (in relation to the applicant’s participation in an anti-war public protest) and on 18/04/2022 in the Leninskiy District Court of Voronezh (in relation to the applicant’s participation in a solo anti-war protest on 06/03/2022); and also in The Voronezh Regional Court (respectively, on 07/04/2022 and 06/07/2022);   Art. 6 (1) - lack of fair hearing - refusal to allow evidence in support of the applicant’s account of events (video records of his solo anti-war protest on 06/03/2022 and linguistic expertise of his banner "No War");   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 (proceedings before the Central and Leninskiy District Courts of Voronezh (25/02/2022 and 18/04/2022) and before the Voronezh Regional Court (07/04/2022 and 06/07/2022)   40591/22 10/08/2022 Vladislav Valeryevich BATALOV 1998 Yekaterina Viktorovna Dadayeva St Petersburg Anti-war protest   St Petersburg 02/04/2022 article 20.2 § 6.1 of CAO detention for 10 days St Petersburg City Court 11/04/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 2.30 p.m. and 11.02 p.m. on 02/04/2022,   Art. 6 (1) - lack of impartiality of 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   40595/22 10/08/2022 Aleksandr Sergeyevich OREKHOV 1997 Yekaterina Viktorovna Dadayeva St Petersburg Anti-war protest   St Petersburg 02/04/2022 article 20.2 § 6.1 of CAO detention for 10 days St Petersburg City Court 11/04/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 2.40 p.m. and 11.43 p.m. 02/04/2022,   Art. 6 (1) - lack of impartiality of 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   41348/22* 04/08/2022 Yegor Yuryevich CHESNOKOV 2001 Natalya Andreyevna Baranova Moscow Anti-war protest   St Petersburg 28/02/2022 article 20.2.2 § 1 of CAO fine of RUB 10,000 St Petersburg City Court 05/04/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 7.56 p.m. on 28/02/2022 and 2.50 p.m. on 01/03/2022;   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 the trial the police officers on whose written statements the applicant’s conviction was based