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   FOURTH SECTION Application no.   41806/21 Anton Vladimirovich KAMENTSEV against Russia and 21 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     41806/21* 02/08/2021 Anton Vladimirovich KAMENTSEV 1991 Aleksandr Yevgenyevich Pomazuyev Vilnius Rally "Free Navalnyy"   Rostov-on-Don   31/01/2021 article 19.3 § 1 of CAO detention for 3 days Rostov Regional Court 25/02/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 2 p.m. on 31/01/2021 until 10.20 a.m. on 01/02/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.     41943/21* 02/08/2021 Anton Aleksandrovich OSIPENKO 2001 Aleksandr Yevgenyevich Pomazuyev Vilnius Rally "Free Navalnyy"   Voronezh   31/01/2021 article 20.2 § 5 of CAO fine of RUB 20,000 Voronezh Regional Court 25/02/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.     46762/21* 10/09/2021 Dmitriy Aleksandrovich SOLOMONIDIN 1996 Aleksandr Yevgenyevich Pomazuyev Vilnius Rally "Free Navalnyy"   Penza   23/01/2021 article 20.2 § 5 of CAO 30 hours of community work Penza Regional Court 18/03/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.     47462/21* 04/09/2021 Damir Maratovich GILYAZOV 1984 Nikolay Sergeyevich Zboroshenko Mytishchi Political rally   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 03/06/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;     Art. 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.     47467/21* 04/09/2021 Daniil Olegovich LYUBOV 1999 Nikolay Sergeyevich Zboroshenko Mytishchi Political rally   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 03/06/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 12.40   p.m. until 3.40 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.       48918/21* 24/09/2021 Grigoriy Viktorovich NEDAYEV 1995 Ivan Yuryevich Zhdanov Vilnius Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 30/03/2021 Art. 5 (1) – unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.50 a.m. to 8.00 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.     48958/21* 24/09/2021 Andrey Alekseyevich BADYANOV 1996 Aleksandr Yevgenyevich Pomazuyev Vilnius Rally "Free Navalnyy"   Omsk   31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Omsk Regional Court 06/04/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report 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.     48984/21* 24/09/2021 Anna Aleksandrovna LUGOVAYA 1983 Aleksandr Yevgenyevich Pomazuyev Vilnius Rally "Free Navalnyy"   Kaliningrad   31/01/2021 article 20.2 § 5 of CAO fine of RUB 17,000 Kaliningrad Regional Court 30/03/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 12.45   a.m. to 4.45 p.m. on 31/01/2021.     49505/21* 01/10/2021 Igor Vladimirovich DIL 2000 Ivan Yuryevich Zhdanov Vilnius Rally "Free Navalnyy"   Moscow   02/02/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 06/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention in the police station for compiling an offence report from 11.30   p.m. on 02/02/2021 until 6   a.m. on 03/02/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.   51181/21* 08/10/2021 Marina Dmitriyevna GAYEVA 2000 Aleksandr Yevgenyevich Pomazuyev Vilnius Rally "Free Navalnyy"   Omsk   31/01/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Omsk Regional Court 13/04/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report 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.   51758/21* 15/10/2021 Yuliya Ivanovna ZHILYAKOVA 1963 Ivan Yuryevich Zhdanov Vilnius Rally "Free Navalnyy"   Staryy Oskol, Belgorod Region   31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Belgorod Regional Court 19/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.45 p.m. to 6.30 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.       52086/21* 29/09/2021 Andrey Aleksandrovich DEMYANOV 1980 Darya Dmitriyevna Aksenova Kolomna Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 § 6.1 of CAO fine of RUB 20,000 Moscow City Court 25/05/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report 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 his conviction was based.   52698/21* 22/10/2021 Aleksandr Mikhaylovich SHAKHPAZOV 1998 Ivan Yuryevich Zhdanov Vilnius Rally "Free Navalnyy"   Voronezh   31/01/2021 article 20.2 § 5 of CAO fine RUB 10,000 Voronezh Regional Court 30/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.00   p.m. to 11.30 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;   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.   52705/21* 22/10/2021 Nil Vadimovich PETSKO 1989 Ivan Yuryevich Zhdanov Vilnius Rally "Free Navalnyy"   St Petersburg   31/01/2021 article 20.2.2 § 1 of CAO fine of RUB 10,000 St Petersburg City Court 29/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 1.30   p.m. on 31/01/2021 until 01/02/2021 (released after the court hearing);     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.   54265/21* 15/10/2021 Valeriy Igorevich BUSAROV 1985 Nikolay Sergeyevich Zboroshenko Mytishchi Rally to support Sergey Furgal and Nikolay Platoshkin   Moscow   25/07/2020 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 28/04/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based; Art. 6 (1) - unfair criminal proceedings - various deficiencies of the administrative offence proceedings - absence of the applicant and his defence counsel in the first instance, the representative’s request to postpone the examination of the case was not examined.   54266/21* 15/10/2021 Viktor Sergeyevich MALEYEV 1987 Nikolay Sergeyevich Zboroshenko Mytishchi Rally “Free Navalnyy”   Moscow   02/02/2021 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 19/05/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.00   p.m. until 4.30 p.m. on 02/02/2021;   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.   54828/21* 29/10/2021 Aleksandr Tarasovich ZAGIBALOV 1988 Ivan Yuryevich Zhdanov Vilnius Rally "Free Navalnyy"   Irkutsk   31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Irkutsk Regional Court 12/05/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report 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.   54877/21* 29/10/2021 Tatyana Yuryevna MOKIYENKO 1953 Ivan Yuryevich Zhdanov Vilnius Rally "Free Navalnyy"   St Petersburg   31/01/2021 article 20.2 § 6.1 of CAO fine of RUB 10,000 St   Petersburg City Court 11/05/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.30 p.m. until 11 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.   54884/21* 29/10/2021 Sergey Valentinovich GLYADYAYEV 1973 Ivan Yuryevich Zhdanov Vilnius Rally "Free Navalnyy"   Omsk   23/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Omsk Regional Court 11/05/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   54890/21* 29/10/2021 Aleksandr Sergeyevich TEREBKOV 1985 Ivan Yuryevich Zhdanov Vilnius Rally "Free Navalnyy"   Omsk   31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Omsk Regional Court 11/05/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   54898/21* 29/10/2021 Vladislav Vladimirovich KUZMIN 1993 Ivan Yuryevich Zhdanov Vilnius Rally “Free Navalnyy”   Yekaterinburg   31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Sverdlovsk Regional Court 11/05/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report 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.   54902/21* 29/10/2021 Aleksey Gennadyevich SEMENOV 1988 Ivan Yuryevich Zhdanov Vilnius Rally “Free Navalnyy”   Yaroslavl   31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Yaroslavl Regional Court 11/05/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offense report from 1.45 p.m. until 6.00 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.