CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 2 novembre 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 } .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 } .sB2C5F07F { height:90.95pt } .s5FFF0A7E { margin-top:0pt; margin-bottom:0pt; font-size:8pt } .s1F93756B { height:52.95pt } .s8FD6C6CE { height:111.7pt } Published on 27 November 2023   FIRST SECTION Application no.   36571/21 Georgiy Aleksandrovich DMITRUK against Russia and 36 other applications (see list appended) PROCEDURAL INFORMATION Following a preliminary examination of the admissibility of the applications on 2 November 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     36571/21* 03/07/2021 Georgiy Aleksandrovich DMITRUK 1999 Konstantin Aleksandrovich Markin Velikiy Novgorod Manifestation in support of A.Navalnyy   Velikiy Novgorod   23/01/2021 article 20.2 §   5 of CAO 20   hours’ community service Novgorod Regional Court 04/03/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 23/01/2021 - 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, 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     36775/21* 13/07/2021 Nikita Vadimovich PONOMAREV 1996 Konstantin Aleksandrovich Markin Velikiy Novgorod Manifestation in support of A.Navalnyy   Nizhniy Novgorod   23/01/2021 article 20.2 §   5 of CAO fine of RUB   10,000 Nizhniy Novgorod 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,   Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 23/01/2021 - 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, 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)     38160/21* 16/07/2021 Viktoriya Valeryevna TABACHKOVA 1983   Memorial Human Rights Centre Moscow Manifestation 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 02/03/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - 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, 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     38163/21* 16/07/2021 Mark Andreyevich BOGDANOV 1998   Memorial Human Rights Centre Moscow Manifestation in support of A.Navalnyy   St Petersburg   31/01/2021 article 20.2.2 §   1 of CAO 5   days’ administrative arrest St Petersburg City Court 05/02/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - 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, no. 72051/17, § 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,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence imposed on the applicant by the trial court was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO     38183/21* 16/07/2021 Angelina Yuryevna VASILYEVA 1994   Memorial Human Rights Centre Moscow Manifestation in support of A.Navalnyy   St Petersburg   02/02/2021 article 20.2.2 §   1 of CAO 3 days’ administrative arrest St Petersburg City Court 11/03/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - on 02/02/2020 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 (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,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence imposed on the applicant by the trial court was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO     38192/21* 16/07/2021 Vladimir Yuryevich ZHURAVLEV 1992   Memorial Human Rights Centre Moscow Manifestation in support of A.Navalnyy   St Petersburg   02/02/2021 article 20.2.2 §   1 of CAO 10   days’ administrative arrest St Petersburg City Court 11/02/2021   Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 02/02/2021 - 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),       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 imposed on the applicant by the trial court was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO     40612/21* 25/07/2021 Nadezhda Sergeyevna KALYAMINA 1989 Varvara Dmitriyevna Mikhaylova St Petersburg Manifestation against the war in Ukraine   Nevskiy Prospekt,   St   Petersburg   02/03/2022   Manifestation against the sentence in the "Network" case   St Petersburg   22/06/2020 article 20.2.2. §   1 of CAO                   article 20.2 §   5 of CAO 15 days’ administrative arrest                 fine of RUB   10,000 St Petersburg City Court 17/03/2022                 St Petersburg City Court 27/04/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 22/06/2020 and 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) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in respect of both sets of the proceedings,   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 (in respect of the proceedings which ended on 17/03/2022),   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentence of administrative arrest imposed on the applicant by the trial court was executed immediately, as a result, she completed serving the sentence on the day her appeal was examined (Tsvetkova and Others v.   Russia, nos.   54381/08 and 5   others, §§   179-91, 10   April 2018)     40627/21* 25/07/2021 Sergey Aleksandrovich MARGELOV 1979 Varvara Dmitriyevna Mikhaylova St Petersburg Manifestation in support of A.Navalnyy   Bryansk, Bryansk Region   23/01/2021 article 20.2 §   5 of CAO, article   20.6.1 §   1 of CAO fine of RUB   10,000 and   fine of RUB   1,500 Bryansk Regional Court 30/03/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 23/01/2021 - 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, 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 - in respect of both sets of the proceedings (see below for the relevant dates of the court decisions),   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - Final decisions – on 25/03/2021 and 30/03/2021, Bryansk Regional Court, Art. 20.6.1 § 1 CAO and Art. 20.2 § 5 CAO; overlap of the facts constituting the basis for the applicant’s prosecution in the second set of the proceedings with substantially the same facts underlying his conviction in the first set of proceedings. Complaint raised in the second set of proceedings both before the first-instance and appeal courts (conviction of Art. 20.6.1 (1) CAO, final - 30/03/2021, Bryansk Regional Court).     48034/21* 09/09/2021 Roman Alekseyevich ZOLOTUKHIN 2001 Anna Yevgenyevna Bochilo Barnaul Manifestation in support of A,Navalnyy   Lenin street, Kursk   31/01/2021 article 20.2 §   5 of CAO 30 hours’ community service Kursk Regional Court 27/04/2021 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 - the applicant was unable to confront the police officers on whose statements his conviction was based   49497/21* 27/03/2022 Mikhail Aleksandrovich KRIGER 1960 Nikolay Sergeyevich Zboroshenko Mytishchi Manifestation in support of A.Navalnyy   Pushkinskaya Square, Moscow   21/04/2021   Manifestations against the war in Ukraine   Pushkinskaya Square, Moscow   20/02/2022 article 20.2 § 8 of CAO                 article 20.2 § 5 of CAO 20 hours’ administrative arrest               fine of RUB   15,000 Moscow City Court 28/04/2021               Moscow City Court 03/08/2022 Art. 5 (1) - unlawful detention - Arrest and detention on 21/04/2021 and 20/02/2022 - 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 - in respect of all sets of the proceedings which ended on 28/04/2021, 25/02/2022 and 03/08/2022 respectively,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - The applicant complains that he was unable to confront the police officers on whose written statements his conviction was based - in respect of the first set of the proceedings,   Art. 10 (1) - conviction for making calls to participate in public events - The applicant was found guilty of having made calls to take part in an unauthorised manifestation held on 20/02/2022 (article 20.2 § 2) and sentenced to 10 days’ administrative arrest. The final decision on the matter was taken by the Moscow City Court on 25/02/2022   57130/21* 06/11/2021 Maksim Andreyevich YURASOV 2001 Nikolay Sergeyevich Zboroshenko Mytishchi Manifestation in support of A.Navalnyy   Moscow   23/01/2021   Manifestation against the war in Ukraine   Moscow   24/02/2022 article 20.2 §   6.1 of CAO,     article 19.3 §   1 of CAO     article 20.2 §   5 of CAO 10 days’ administrative arrest   10 days’ administrative arrest   fine of RUB   15,000 Moscow City Court 01/06/2021           Moscow City Court 05/09/2022 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - In respect of all sets of the proceedings,   Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 23/01/2021 and 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) - 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 (in respect of the proceedings which ended on 05/09/2022)   39707/22* 05/08/2022 Sergey Andreyevich VERESHCHAGIN 1984 Varvara Dmitriyevna Mikhaylova St Petersburg Manifestation against the war in Ukraine   St Petersburg   26/02/2022 article 20.2.2 §   1 of CAO fine of RUB   5,000 St Petersburg City Court 12/04/2022 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention 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) (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 - in respect of both sets of the administrative proceedings,   Art. 10 (1) - disproportionate measures against solo demonstrators - Administrative conviction under Article 20.3.3 § 1 of CAO for solo-picketing against the war in Ukraine on 30/04/2022 in St Petersburg / administrative fine of RUB 31,000/ St Petersburg City Court on 16/06/2022   46431/22* 12/09/2022 Svetlana Viktorovna KAVERZINA 1969 Olga Yuryevna Nechayeva Novosibirsk Public event "Immortal Regiment"   Novosibirsk   08/05/2022 article 20.2 §   2 of CAO 7 days’ administrative arrest Novosibirsk Regional Court 12/05/2022 Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence imposed on the applicant by the trial court was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO,   Art. 10 (1) - various restrictions on the right to freedom of expression - Conviction under Article 20.3.3 § 1 of CAO for publishing of an anti-war post in social network Vkontakte on 23/04/2022/ administrative fine of RUB 30,000/ Novosibirsk Regional Court on 04/10/2022 (appeal)   47693/22* 22/09/2022 Matvey Andreyevich KOVESHNIKOV 2003 Anna Yevgenyevna Bochilo Barnaul Manifestation against the war in Ukraine   St Petersburg   24/02/2022   Manifestation against the war in Ukraine   St Petersburg between 24/02/2022 and 13/03/2022 article 20.2.2. § 1 of CAO             article 20.2.2 § 1 of CAO fine of RUB 10,000             7 days’ administrative arrest St Petersburg City Court 28/06/2022           St Petersburg City Court 21/06/2022 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 24/02/2022 and 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 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 - in respect of both sets of the proceedings,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence imposed on the applicant by the trial court on 14/03/2022 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO   50623/22* 23/09/2022 Anastasiya Sergeyevna AKIMOVA 1996     Manifestation against the war in Ukraine   St Petersburg   02/03/2022 article 20.2.2 §   1 of CAO fine of RUB   10,000 St Petersburg City Court 24/05/2022 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention 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); 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 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   50652/22* 13/10/2022 Olga Yuryevna BUBERMAN 1981 Nikifor Yuryevich Ivanov St Petersburg Manifestation against the war in Ukraine   St Petersburg   13/03/2022 article 20.2.2 §   1 of CAO fine of RUB   5,000 St Petersburg City Court 14/06/2022 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - 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 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   50654/22* 13/10/2022 Anastasiya Nikolayevna CHIKENEVA 1989 Nikifor Yuryevich Ivanov St Petersburg Manifestation against the war in Ukraine   St Petersburg   13/03/2022 article 20.2.2 §   1 of CAO 14 days’ administrative arrest St Petersburg City Court 14/06/2022 Art. 5 (1) - unlawful detention - Applicant on 13/03/2022 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: the applicant remained in detention after the offence record had been compiled (see Korneyeva v.   Russia, no.   72051/17, §   35, 8   October 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,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentence of administrative arrest imposed on the applicant on 14/03/2022 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO   50663/22* 15/10/2022 Aleksandr Pavlovich ZHODZISHSKIY 2001 Natalya Andreyevna Baranova Moscow Manifestation against the war in Ukraine   Moscow   06/03/2022 article 20.2 §   5 of CAO fine of RUB   20,000 Moscow City Court 15/06/2022 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - 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), 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 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   50914/22 14/10/2022 Mikhail Aleksandrovich OSINTSEV 1997 Vera Borisovna Mangileva Yekaterinburg Manifestation against the war in Ukraine   Yekaterinburg   06/03/2022 article 20.2 §   5 of CAO fine of RUB   15,000 Sverdlovsk Regional Court 22/06/2022     50916/22* 15/10/2022 Guzaliya Galimovna KHAMIDULLINA 2002 Aleksey Sergeyevich Lapuzin Samara Manifestation against the war in Ukraine   Samara   27/02/2022 article 20.2 §   5 of CAO fine of RUB   10,000 Samara Regional Court 16/06/2022 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 27/02/2022 - 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) (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   51227/22* 06/10/2022 Marat Alikovich GILMANOV 1984 Natalya Andreyevna Baranova Moscow Manifestation against the war in Ukraine   Moscow   24/02/2022 article 20.2 §   5 of CAO fine of RUB   20,000 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); 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 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   51272/22* 22/10/2022 Yuliya Yuryevna GRENKOVA 1965 Rim Faridovich Sabirov Kazan Manifestation against the war in Ukraine   Kazan   27/02/2022 article 20.2 §   5 of CAO fine of RUB   5,000 Supreme Court of the Republic of Tatarstan 22/06/2022 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 27/02/2022 - 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)   51298/22* 23/10/2022 Sergey Aleksandrovich TETERKIN 1992     Manifestation against the war in Ukraine   Moscow   02/03/2022 article 20.2 §   5 of CAO fine of RUB   20,000 Moscow City Court 23/06/2022 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention from 7.40 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) (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   51511/22* 05/10/2022 Galina Yuryevna MOSKALENKO 1992 Natalya Andreyevna Baranova Moscow Manifestation against the war in Ukraine   Moscow   01/03/2022 article 20.2 §   5 of CAO fine of RUB   15,000 Moscow City Court 21/06/2022 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention 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) (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, Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - The applicant complains that she was unable to cross-examine the police officers on whose written statements her conviction was based   51522/22 28/09/2022 Aleksandr Alekseyevich TRUSHIN 2000     Manifestation against the war in Ukraine   Novosibirsk   06/03/2022 article 20.6.1 §   1 of CAO fine of RUB   7,000 Novosibirsk Regional Court 07/06/2022 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention from 2.11 p.m. to 10.05 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) (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,   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 his conviction was based   51736/22* 26/10/2022 Larisa Vladimirovna LEONOVA 1966     Manifestation against the war in Ukraine   Moscow   27/02/2022 article 20.2 §   5 of CAO fine of RUB   10,000 Moscow City Court 27/06/2022 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention from 5.17 p.m. to 10.38 p.m. on 27/02/2022 - 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) (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   52368/22* 02/11/2022 Polina Andreyevna DOBROTSVETOVA 2000     Manifestation against the war in Ukraine   Moscow   06/03/2022 article 20.2 §   5 of CAO fine of RUB   20,000 Moscow City Court 05/07/2022 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,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine the police officers on whose written statements the applicant’s conviction was based   52426/22* 27/10/2022 Sergey Anatolyevich ZIZDOK 1988 Varvara Dmitriyevna Mikhaylova St Petersburg Manifestation against the war in Ukraine   Moscow   03/03/2022 article 20.2 §   5 of CAO fine of RUB   20,000 Moscow City Court 11/07/2022 Art. 5 (1) - unlawful detention - Arrest and detention 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) (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   54435/22* 02/11/2022 Yekaterina Grachevna DYAKONENKO 1987 Konstantin Aleksandrovich Markin Velikiy Novgorod Manifestation against the war in Ukraine   Moscow   06/03/2022 article 20.2 §   5 of CAO fine of RUB   15,000 Moscow City Court 21/07/2022 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - 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   54540/22* 05/11/2022 Dmitriy Mikhaylovich BIZUN 1990 Nataliya Andreyevna Baranova Moscow Manifestation against the war in Ukraine   Moscow   03/03/2022 article 20.2 §   5 of CAO fine of RUB   20,000 Moscow City Court 05/07/2022 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention 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) (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   55526/22* 29/10/2022 Mariya Olegovna SILIVERSTOVA 2000     Manifestation against the war in Ukraine   Yekaterinburg 06/03/2022 article 20.2 §   5 of CAO fine of RUB   20,000 Sverdlovsk Regional Court 29/06/2022 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - 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   55553/22 10/11/2022 Aleksey Sergeyevich PRIMECHAYEV 1999     Manifestation against the war in Ukraine   Moscow   24/02/2022 article 20.2 §   5 of CAO fine of RUB   20,000 Moscow City Court 11/07/2022 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention from 7.30 p.m. on 24/02/2022 to 12.02 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); 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 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 - The applicant was unable to confront the police officers on whose written statements her conviction was based   55705/22* 22/11/2022 Veronika Valeryevna NARYKOVA 1998 Irina Vadimovna Sergeyeva Moscow Manifestation against the war in Ukraine   Moscow   26/02/2022 article 20.2 §   5 of CAO fine of RUB   20,000 Moscow City Court 07/10/2022 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention from 4.40 p.m. to 9.16 p.m. on 26/02/2022 - 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 in the administrative proceedings)     55769/22* 05/11/2022 Lyudmila Nikolayevna SVEZHENTSEVA 1982 Natalya Andreyevna Baranova Moscow Manifestation against the war in Ukraine   Moscow   24/02/2022 article 20.2 §   5 of CAO fine of RUB   15,000 Moscow City Court 05/07/2022 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - 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   55772/22 18/11/2022 Anastasiya Sergeyevna RAZGULOVA 1990 Varvara Dmitriyevna Mikhaylova St Petersburg Manifestation against the war in Ukraine   Kazan   27/02/2022 article 20.2 §   5 of CAO fine of RUB   10,000 Supreme Court of the Republic of Tatarstan 20/07/2022 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 27/02/2022 - 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   56490/22* 16/11/2022 Yegor Borisovich DANICHEV 1990 Valeriya Aleksandrovna Arshinova Moscow Manifestation against the war in Ukraine   Moscow   27/02/2022 article 20.2 §   6.1 of CAO fine of RUB   15,000 Moscow City Court 21/07/2022 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 27/02/2022 - 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   4989/23* 08/01/2023 Yuliya Vitalyevna SAYASOVA 1996 Mikhail Germanovich Shiolashvili St Petersburg Manifestation against the war in Ukraine   St Petersburg   27/02/2022 article 20.2.2 §   1 of CAO fine of RUB   15,000 St Petersburg City Court 15/09/2022 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 deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 27/02/2022 - 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 CCitations
Aucune citation répertoriée pour cette décision.
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Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;COMMUNICATEDCASES;ENG
- Date
- 2 novembre 2023
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:001-229254
Données disponibles
- Texte intégral
- Résumé officiel