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 } .s3A357E38 { text-align:center; page-break-inside:avoid; page-break-after:avoid; font-family:Arial; font-size:8pt; list-style-position:inside } .s1DE04BC { margin-top:0pt; margin-bottom:0pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:8pt } Published on 30 October 2023   FIFTH SECTION Application no.   1469/19 Igor Mikhaylovich POTAPOV against Russia and 17 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 / criminal charges Penalty Final domestic decision Court Name Date Other complaints under well-established case-law     1469/19* 14/12/2018 Igor Mikhaylovich POTAPOV 1951 Aleksey Vladimirovich Glukhov Novocheboksarsk Opposition rally   Cheboksary 05/05/2018     article 20.2 § 5 of CAO   and article 20.2 § 5 of CAO fine of RUB 10,000   and community work of 20 hours Supreme Court of the Chuvashia Republic 24/07/2018 and Supreme Court of the Chuvashia Republic 24/07/2018 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - two sets of administrative offence proceedings under Article 20.2 § 5 of the CAO,   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - two sets of proceedings ending with the two separate final decisions issued on 24/07/2018 by the Supreme Court of the Chuvashia Republic; conviction under Art. 20.2 § 5 CAO (twice); overlap of the facts constituting the basis for the applicant’s prosecution and punishment in the two sets of proceedings, with substantially the same facts underlying his convictions concerning one and same "hybrid" rally     1480/19* 14/12/2018 Valeryan Valeryevich VIKTOROV 1971 Aleksey Vladimirovich Glukhov Novocheboksarsk Opposition rally   Cheboksary 05/05/2018     article 20.2 § 5 of CAO   and article 20.2 § 5 of CAO community work of 20 hours and fine of RUB 10,000 Supreme Court of the Chuvashia Republic 24/07/2018 and Supreme Court of the Chuvashia Republic 24/07/2018 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - two sets of the CAO proceedings,   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - two separate final decisions in two sets of the proceedings issued on 24/07/2018 by the Supreme Court of the Chuvashia Republic; conviction under Art. 20.2 § 5 CAO (twice); overlap of the facts constituting the basis for the applicant’s prosecution and punishment in the two sets of proceedings, with substantially the same facts underlying his convictions concerning one and same "hybrid" rally     23372/19* 09/04/2019 Aleksandr Vladimirovich KHMELEV 1996 Maksim Vladimirovich Olenichev St Petersburg LGBT-rights event   St Petersburg 04/08/2018 article 20.2 § 8 of CAO fine of RUB 170,000 St Petersburg City Court 09/10/2018 Art. 5 (1) - unlawful detention – (i) arrest, escorting to the police station and detention on 04/08/2018 for compiling an offence report, and (ii) escorting to and detention at the police station after compiling an offence report for more than 18 hours between 06/08/2018 and 07/08/2018, as administrative suspect, pending trial,   Art. 6 (1) - Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence,   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.     23949/21* 17/04/2021 Aleksey Olegovich ZAKOLYUKIN 1996 Andrey Yevgenyevcich Shchukin Nizhniy Tagil Rally in support of A.Navalnyy   Yekaterinburg 31/01/2021 article 20.2 § 5 of CAO community service of 30 hours Sverdlovsk Regional Court 25/03/2021 Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 31/01/2021 for the sole purpose of drawing up a record of administrative offence     24866/21* 15/04/2021 Armen Vitalyevich KUCHUKYAN 1994 Vladimir Valeryevich Vasin Krasnoyarsk Rally in support of S.Furgal   Krasnoyarsk 01/08/2020 article 20.2 § 5 of CAO fine of RUB 15,000 Krasnoyarsk Regional Court 22/10/2020 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings     30224/21* 15/05/2021 Ivan Sergeyevich RUDAKOV 1989 Mansur Idrisovich Gilmanov Podolsk Rally against Constitutional Amendments   Moscow 15/07/2020 article 20.2 § 6.1 of CAO fine of RUB 10,000 Moscow City Court 16/11/2020 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 15/07/2020 and 16/07/2020 as administrative suspect,   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 conviction was based.     33163/21* 15/06/2021 Sergey Vasilyevich PETROV 1961 Konstantin Vladimirovich Bubon Khabarovsk Rally in support of S.Furgal   Khabarovsk 17/09/2020 article 20.2 § 8 of CAO administrative detention of 5 days Khabarovsk Regional Court 17/12/2020 Art. 5 (1) - unlawful detention - arrest and detention between 24/09/2020 and 25/09/2020 as administrative suspect, pending trial, after the offence record had been drawn up,   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     37880/21* 12/07/2021 Anna Sergeyevna PUSHKINA 1990 Darya Dmitriyevna Aksenova Kolomna Rally in support of A.Navalnyy   Moscow 31/01/2021 article 20.2 § 6.1 of CAO fine of RUB 10,000 Moscow City Court 26/04/2021 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 31/01/2021 for the sole purpose of drawing up a record of administrative offence,   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     45857/21* 27/08/2021 Ilya Vladimirovich LESHUKOV 2003 Aleksey Mikhaylovich Kychin Arkhangelsk Rally in support of A.Navalnyy   Arkhangelsk 31/01/2021   Rally in support of A.Navalnyy   Arkhangelsk 21/04/2021 article 20.2 § 2 of CAO         article 20.2 § 8 of CAO community works of 40 hours       fine of RUB 75,000 Arkhangelsk Regional Court 06/04/2021       Arkhangelsk Regional Court 10/06/2021 Art. 5 (1) - unlawful detention – arrest, escorting to a police station, detention from 27/04/2021 to 28/04/2021 as administrative suspect,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings (two sets of the proceedings, final decisions: Arkhangelsk Regional Court, 06/04/2021 and 10/06/2021),   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based (two sets of the proceedings)   48625/21 20/09/2021 Tatyana Aleksandrovna SHESTAKOVA 1997 Vladimir Valeryevich Vasin Krasnoyarsk Rally in support of A.Navalnyy   Krasnoyarsk 31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Krasnoyarsk Regional Court 13/05/2021 Art. 5 (1) - unlawful detention – arrest, escorting to a police station on 31/01/2021 for compiling an offence report,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   56617/21* 27/10/2021 Dmitriy Viktorovich DELOV 1991   MOO MEMORIAL Human Rights Centre St Petersburg Rally in support of A.Navalnyy   St Petersburg 31/01/2021 article 20.2.2 § 1 of CAO fine of RUB 10,000 St Petersburg City Court 27/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 2.40 p.m. until 10.40 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.   59192/21* 01/11/2021 Anastasiya Vladimirovna VISHNEVSKAYA 1998 Konstantin Aleksandrovich Markin Velikiy Novgorod Rally in support of A.Navalnyy   Moscow 02/02/2021 article 20.2 § 6.1 of CAO administrative detention of 5 days Moscow City Court 07/06/2021 Art. 5 (1) - unlawful detention – arrest, escorting to and detention at the police station after compiling an offence report, from 11.20 p.m. on 02/02/2021 until 3 p.m. on 03/02/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   4459/22* 18/01/2022 Yelena Anatolyevna SHUVALOVA 1956     Rally in support of A.Navalnyy   Moscow 23/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 23/06/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 8 (2) - restrictions on the right to private life of participants in public assemblies - use of facial recognition technology for the identification of the applicant as a participant of a rally and his/her subsequent conviction (raised on appeal).   7498/22* 31/01/2022 Petr Valeryevich OVCHINNIKOV 1967 Ivan Yuryevich Zhdanov Vilnius Rally in support of A.Navalnyy   Perm 31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Perm Regional Court 15/09/2021 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 31/01/2021 for the sole purpose of drawing up a record of administrative offence   28397/22* 25/05/2022 Sergey Valeryevich BARTENEV 1998 Irina Aleksandrovna Yatsenko Moscow Rally in support of A.Navalnyy   Moscow 31/01/2021 article 20.2 § 6.1 of CAO fine of RUB 15,000 Moscow City Court 25/01/2022 Art. 5 (1) - unlawful detention – arrest, escorting to a police station, detention between 31/01/2021 to 01/02/2021 as administrative suspect, after the offence report had been compiled,   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.   36528/22 04/07/2022 Andrey Yuryevich TEREKHIN 1981 Anna Yevgenyevna Bochilo Barnaul Manifestation against the war in Ukraine   Novosibirsk 24/02/2022     article 19.3 § 1 of CAO   and article 20.2 § 2 of CAO fine of RUB 4,000   and administrative detention of 8 days Novosibirsk Regional Court 15/06/2022 and Novosibirsk Regional Court 04/03/2022 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 24/02/2022 and 25/02/2022 as an administrative suspect, pending trial and after the offence record had been already compiled,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of the 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 conviction was based (all the three sets of the administrative-offence proceedings),   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention (8 days, proceedings under Article 20.2-2 of the CAO) imposed on the applicant on 26/02/2022 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 was convicted under article 20.2-2 of the CAO for making calls, during the public event on 24/02/2022, for participation in another anti-war rally scheduled for 26/02/2022; he was sentenced to administrative detention of 10 days (final judgment: on 01/06/2022, by the Novosibirsk Regional Court)   38960/22 30/07/2022 Mariya Vladimirovna TSYGANKOVA 1999 Roman Olegovich Zaytsev Volgograd Rally against the war in Ukraine   Volgograd 06/03/2022 article 20.2 § 5 of CAO fine of RUB 20,000 Volgograd Regional Court 31/03/2022 Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,     Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.   40270/22* 30/07/2022 Yelena Leonidovna SENKOVETS 1965 Olimpiada Valentinovna Usanova Nizhniy Novgorod Anti-war protest   Nizhniy Novgorod 24/02/2022 article 20.2 § 5 of CAO fine of RUB 15,000 Nizhniy Novgorod Regional Court 22/06/2022 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings