CEDH · CASELAW;COMMUNICATEDCASES;ENG — 2 novembre 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 } Published on 27 November 2023   SECOND SECTION Application no.   32180/21 Eldar Erikovich YELYSHEV against Russia and 20 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 charges Penalty Final domestic decision Court Name Date Other complaints under well-established case-law     32180/21 11/06/2021 Eldar Erikovich YELYSHEV 1997     Memorial Human Rights Centre Moscow Rally in support of Mr   A.   Navalnyy   Ufa   31/01/2021 article 20.2 § 5 of CAO fine of RUB   14,000 Supreme Court of the Bashkortostan Republic 24/03/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 1.25 p.m. to 5.50   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 - final decision: Supreme Court of the Bashkortostan Republic, 24/03/2021,   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 the trial the police officers on whose written statements the applicant’s conviction was based     38692/21* 15/07/2021 Pavel Robertovich PUSHNOV 1968     Memorial Human Rights Centre Moscow Rally in support of Mr   A.   Navalnyy   Moscow   31/01/2021 article 20.2 §   6.1 of CAO fine of RUB   15,000 Moscow City Court 17/05/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 1.05   p.m. on 31/01/2021 to 1.00   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 - final decision: Moscow City Court, 17/05/2021,   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 the trial the police officers on whose written statements the applicant’s conviction was based and to submit evidence on the equal footing with the prosecution     38915/21* 12/07/2021 Sergey Ivanovich GAMBARYAN 2000   Darya Dmitriyevna Aksenova Kolomna Rally in support of Mr   A.   Navalnyy   Moscow   31/01/2021 article 20.2 § 8 of CAO administrative detention of 15 days Moscow City Court 09/02/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 5.30   p.m. on 31/01/2021 to 02/02/2021, hearing in the applicant’s administrative-offence case,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 09/02/2021,   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 the trial the police officers on whose written statements the applicant’s conviction was based     39335/21 22/07/2021 Valeriy Vitalyevich PEREPELKIN 1985     Memorial Human Rights Centre Moscow Rally in support of Mr   A.   Navalnyy   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 12/04/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 1.30 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 - final decision: Moscow City Court, 12/04/2021,   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 the trial the police officers on whose written statements the applicant’s conviction was based     39868/21* 29/07/2021 Revaz Davidovich GABELAYA 1993   Yelena Yuryevna Pershakova Moscow Rally in support of Mr   A.   Navalnyy   Moscow   31/01/2021 article 20.2 §   6.1 of CAO administrative detention of 15 days Moscow City Court 04/02/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 12.45   a.m. on 31/01/2021 to 1.11   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 - final decision: Moscow City Court, 04/02/2021,   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 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 code of the administrative offences (CAO)     41309/21* 30/07/2021 Adel Radikovna GORSHENINA 2000   Aleksandra Nikolayevna Bayeva Moscow Rally in support of Mr   A.   Navalnyy   Ufa   31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Supreme Court of the Bashkortostan Republic 29/03/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 12.25   p.m. to 4.00   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 - final decision: Supreme Court of the Bashkortostan Republic, 29/03/2021     46000/21* 01/09/2021 Kirill Vladimirovich PAVLOV 1971   Konstantin Aleksandrovich Markin Velikiy Novgorod Rally in support of Mr   A.   Navalnyy   Velikiy Novgorod   23/01/2021 article 20.2 § 5 of CAO community work of 20 hours Novgorod Regional Court 04/03/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Novgorod Regional Court, 04/03/2021,   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 the trial the police officers on whose written statements the applicant’s conviction was based     47233/21 16/09/2021 Nikita Olegovich SHIPUGIN 2000     Memorial Human Rights Centre Moscow Rally in support of Mr   A.   Navalnyy   Barnaul   31/01/2021 article 20.2 §   6.1 of CAO fine of RUB   10,000 Altay Regional Court 19/03/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 2.05 p.m. to 7.45   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 - final decision: Altay Regional Court, 19/03/2021     47241/21 10/09/2021 Kirill Andreyevich SLOTIN 1998   Ernest Aleksandrovich Mezak Saint-Barthélemy-d’Anjou Rally in support of Mr   A.   Navalnyy   Syktyvkar   31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Supreme Court of the Komi Republic 10/03/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Supreme Court of the Komi Republic, 10/03/2021   47243/21* 10/09/2021 Aleksey Vladimirovich MALOV 1978   Tatyana Georgiyevna Martynova Pskov Rally in support of Mr   A.   Navalnyy   Pskov   23/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Pskov Regional Court 22/03/2021 Art. 5 (1) unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence, on 23/01/2021, while the record was drawn up only on 26/01/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Pskov Regional Court, 22/03/2021   47245/21* 10/09/2021 Nikolay Aleksandrovich KUZMIN 1980   Tatyana Georgiyevna Martynova Pskov Rally in support of Mr   A.   Navalnyy   Pskov   23/01/2021 article 20.2 § 5 of CAO fine of RUB   15,000 Pskov Regional Court 22/03/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, 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 - final decision: Pskov Regional Court, 22/03/2021,   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,   Art. 10 (1) - conviction for making calls to participate in public events - on 15/03/2015 the applicant published a post on his VK social network wall containing a video of Maria Ovsyannikova’s public anti-war protest on TV and commented "Very brave woman". On 17/04/2022 the applicant was arrested and escorted to the police station where he was charged with an administrative offence. He was convicted as charged and sentenced to an administrative fine of RUB 30,000 (public actions aimed at discrediting the use of the Russian Armed Forces under Art. 20.3.3 § 1 of the CAO) (final decision: 20/06/2022, Pskov Regional Court)   48039/21* 09/09/2021 Igor Olegovich GOLOVIN 1999   Anna Yevgenyevna Bochilo Barnaul Rally in support of Mr   A.   Navalnyy   Kursk   23/01/2021 article 20.2 § 5 of CAO fine of RUB   15,000 Kursk Regional Court 02/04/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Kursk Regional Court, 02/04/2021,   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 the trial the police officers on whose written statements the applicant’s conviction was based   50102/21* 21/09/2021 Yekaterina Anatolyevna NAGORNAYA 2002   Darya Dmitriyevna Aksenova Kolomna Rally in support of Mr   A.   Navalnyy   Moscow   31/01/2021 article 20.2 § 5 of CAO Fine of RUB   15,000 Moscow City Court 22/03/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, 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 - final decision: Moscow City Court, 22/03/2021,   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 the trial the police officers on whose written statements the applicant’s conviction was based   54914/21* 14/10/2021 Solomon Semenovich SHLOSMAN 1991   Darya Dmitriyevna Aksenova Kolomna Rally in support of Mr   A.   Navalnyy   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 20/04/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, 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 - final decision: Moscow City Court, 20/04/2021,   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 the trial two police officers on whose written statements his conviction was based   54926/21* 14/10/2021 Dmitriy Aleksandrovich YURYEV 1995   Darya Dmitriyevna Aksenova Kolomna Rally in support of Mr   A.   Navalnyy   Moscow   31/01/2021 article 20.2 §   6.1 of CAO fine of RUB   10,000 Moscow City Court 21/07/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, detention in excess of 3 hours and without “exceptional circumstances”, from 12.15   p.m. to 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 - final decision: Moscow City Court, 21/07/2021,   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 the trial two police officers on whose written statements his conviction was based   57075/21* 26/10/2021 Elza Rafilevna MAYER (MIRGALIYEVA) 1995   Natalya Andreyevna Baranova Moscow Rally in support of Mr   A.   Navalnyy   Moscow   23/01/2021 article 20.2 § 5 of CAO fine of RUB   20,000 Moscow City Court 26/04/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 4.00 p.m. to 11.00   p.m. on 23/01/2021, the applicant spent 2 hours in the police van,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 26/04/2021,   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 the trial the police officers on whose written statements the applicant’s conviction was based   57677/21 26/10/2021 Aleksey Sergeyevich TABACHINSKIY 1993   Aleksey Vladimirovich Glukhov Novocheboksarsk Rally in support of Mr   A.   Navalnyy   Samara   23/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Samara Regional Court 29/04/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.50 p.m. to 9.55   p.m. 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 - final decision: Samara Regional Court, 29/04/2021   58021/21 27/10/2021 Yelena Pavlovna SAMOKHVALOVA 1977   Anna Yevgenyevna Bochilo Barnaul Rally in support of Mr   A.   Navalnyy   Moscow   23/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 11/05/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.30 p.m. to 7.30   p.m. 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 - final decision: Moscow City Court, 11/05/2021,   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 the trial the police officer on whose written statements the applicant’s conviction was based     58023/21 27/10/2021 Natalya Yevgenyevna KOSHURNIKOVA 1969   Anna Yevgenyevna Bochilo Barnaul Rally in support of Mr   A.   Navalnyy   Moscow   31/01/2021 article 20.2 §   6.1 of CAO community works of 55 hours Moscow City Court 21/06/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 2.15   p.m. on 31/01/2022 to 5.10   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 - final decision: Moscow City Court, 21/06/2021,   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 the trial the police officers on whose written statements the applicant’s conviction was based   58677/21 12/11/2021 Nataliya Dmitriyevna RUSAKOVICH 1998   Aleksey Vladimirovich Glukhov Novocheboksarsk Rally in support of Mr   A.   Navalnyy   Samara   23/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Samara Regional Court 13/05/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 2.30 to 8.00   p.m. 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 - final decision: Samara Regional Court, 13/05/2021   59239/21* 12/11/2021 Ilya Romanovich LITVINTSEV 1995   Darya Dmitriyevna Aksenova Kolomna Rally in support of Mr   A.   Navalnyy   Moscow   31/01/2021 article 20.2 §   6.1 of CAO administrative detention of 10 days Moscow City Court 13/05/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 2.10   p.m. on 31/01/2021 to 1.15   p.m. on 01/02/2021, hearing in the applicant’s administrative-offence case,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 13/05/2021,   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 the trial two police officers on whose written statements his conviction was based