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 } .s3CAAE78A { height:19.4pt } .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 27 November 2023   SECOND SECTION Application no.   38671/21 Ksenya Alekseyevna PEREVOZCHENKO against Russia and 21 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 offence Penalty Final domestic decision Court Name Date Other complaints under well-established case-law     38671/21* 15/07/2021 Ksenya Alekseyevna PEREVOZCHENKO 1991     Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 §   6.1 of CAO administrative detention of 15 days Moscow City Court 05/02/2021 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 1.30 p.m. on 31/01/2021 to 6.00 p.m. on 01/02/2021, hearing in the applicant’s administrative-offence case; the applicant spent 2 hours in a 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, 05/02/2021,   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 by the trial court was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.     54425/21 27/10/2021 Maksim Vladimirovich SHABALIN 2000     Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow   02/02/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 25/05/2021 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 11.30 a.m. to 4.20 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 - final decision: Moscow City Court, 25/05/2021,   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.     55836/21 25/10/2021 Yegor Vyacheslavovich BESCHASTNOV 2002   Yelena Anatolyevna Mamedova Samara Rally “Free Navalnyy”   Samara   21/04/2021 article 20.2 § 5 of CAO 30 hours of community work Samara Regional Court 20/07/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, on 21/04/2021, while the said record was drawn up only on 22/04/2021 when the applicant was released,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Samara Regional Court, 27/07/2021,   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 the police officers on whose written statements the applicant’s conviction was based.     55908/21* 29/10/2021 Oleg Rifatovich KHUSAINOV 1986     Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Irkutsk   31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Irkutsk Regional Court 24/06/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Irkutsk Regional Court, 24/06/2021.     6392/22* 22/12/2021 Maksim Yuryevich KHALIMOVSKIY 1990   Daniil Aleksandrovich Semenov St Petersburg Rally “Free Navalnyy”   St   Petersburg   31/01/2021 article 20.2 §   6.1 of CAO fine of RUB   10,000 St Petersburg City Court 22/06/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: St Petersburg City Court, 22/06/2021,   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.     22019/22* 13/04/2022 Yanus Yanusovich GREYNER 1994     Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow   23/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 17/11/2021 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 10.45 a.m. to 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 - final decision: Moscow City Court, 17/11/2021,   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 subsequent conviction (raised on appeal).     22658/22 12/04/2022 Sergey Nikolayevich BOGATKO 1987     Memorial Human Rights Centre Moscow Rally “Free Navalnyy   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB   15,000 Moscow City Court 27/10/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - 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 12.20 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 - final decision: Moscow City Court, 27/10/2021,   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.     23622/22* 28/03/2022 Ilya Mikhaylovich GARTSEV 1986     Memorial Human Rights Centre Moscow Rally “Free Navalnyy   Moscow   21/04/2021 article 20.2 § 5 of CAO fine of RUB   15,000 Moscow City Court 29/10/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - 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 9.00 a.m. to 12.30 a.m. on 18/05/2021,   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, 29/10/2021,   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 subsequent conviction (raised on appeal).     30530/22* 31/05/2022 Mariya Sergeyevna KOLOKOLOVA 2001   Darya Dmitriyevna Aksenova Kolomna Rally “Free Navalnyy”   Moscow   02/02/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 17/02/2022 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, 17/02/2021,   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 two police officers on whose written statements her conviction was based.   30537/22* 31/05/2022 Viktor Aleksandrovich AMPILOV 1997   Darya Dmitriyevna Aksenova Kolomna Rally “Free Navalnyy”   Moscow   21/04/2021 article 20.2 § 5 of CAO fine of RUB   20,000 Moscow City Court 03/12/2021 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, 03/12/2021,   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   35400/22* 04/07/2022 Anton Yuryevich IVANOV 1987   Natalya Andreyevna Baranova Moscow Anti-war protest   Moscow   27/02/2022 article 20.2 § 8 of CAO administrative detention of 30 days Moscow City Court 04/03/2022 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 6.30 p.m. on 27/02/2022 until 3.00 a.m. on 01/03/2022, hearings in the applicant’s administrative-offence case; the applicant spent 4h30 in a 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, 04/03/2022,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention 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.   35667/22* 06/07/2022 Ivan Aleksandrovich OSIPOV 1998   Olesya Anatolyevna Vasilchenko Minyar Anti-war protest   St Petersburg   06/03/2022 article 20.2 §   6.1 of CAO fine of RUB   10,000 St Petersburg City Court 12/04/2022 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 3.10 p.m. on 06/03/2022 to 10.30 a.m. on 07/03/2022, 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: St Petersburg City Court, 12/04/2022,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.   36047/22* 28/06/2022 Yuliya Viktorovna LEDOVSKAYA 1979   Olimpiada Valentinovna Usanova Nizhniy Novgorod Anti-war protest   Nizhniy Novgorod   24/02/2022 article 20.2 § 5 of CAO fine of RUB   10,000 Nizhniy Novgorod Regional Court 27/04/2022 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 7.40 p.m. on 24/02/2022 to 6.20 a.m. on 25/02/2022, 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: Nizhniy Novgorod Regional Court, 27/04/2022   36652/22 29/06/2022 Svetlana Aleksandrovna USHMODINA 2001   Natalya Andreyevna Baranova Moscow Anti-war protest   Moscow   24/02/2022 article 20.2 § 8 of CAO administrative detention of 20 days Moscow City Court 01/03/2022 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 7.40 p.m. on 24/02/2022 to 2.20 p.m. on 25/02/2022, 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, 01/03/2022,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based,   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.   36667/22* 16/07/2022 Yelena Aleksandrovna SLAVINSKAYA 1961   Natalya Andreyevna Baranova Moscow Meeting with deputy V. Rashkin   Moscow   20/09/2021 article 20.2 § 5 of CAO fine of RUB   20,000 Moscow City Court 25/01/2022 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 3.00 p.m. to 6.05 p.m. on 20/09/2021,   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, 25/01/2022,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based,   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 her subsequent conviction (raised on appeal).   37092/22* 22/07/2022 Vladislav Olegovich ROY 1996       Anti-war protest   Ufa   06/03/2022 article 19.3 § 1 of CAO administrative detention of 1   day Supreme Court of the Bashkortostan Republic 11/04/2022 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 2.00 p.m. on 06/03/2022 to 2.15 p.m. on 07/03/2022, 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: Supreme Court of the Bashkortostan Republic, 11/04/2022,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based   41072/22 15/08/2022 Ayzhamal Akylbekovna BAYMURZAYEVA 1997   Natalya Andreyevna Baranova Moscow Anti-war protest   Krasnoyarsk   06/03/2022 article 20.2 § 5 of CAO fine of RUB   10,000 Krasnoyarsk Regional Court 11/05/2022 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 6.30 p.m. on 06/03/2022, while the said record was drawn up only on 12/03/2022,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Krasnoyarsk Regional Court, 11/05/2022,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.   45938/22 08/09/2022 Aleksey Nikolayevich VASILYEV 1988       Rally “Free Navalnyy   Moscow   21/04/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 11/05/2022 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 11.15 a.m. to 7.15 p.m. on 26/04/2021, 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, 11/05/2022,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements his conviction was based.   45941/22 10/09/2022 Rustem Gumyarovich BAKHITOV 1989   Aleksey Sergeyevich Lapuzin Samara Anti-war protest   Samara   06/03/2022 article 20.2 § 5 of CAO fine of RUB   20,000 Samara Regional Court 12/05/2022 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 3.15 p.m. to 10.00 p.m. on 06/03/2022,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Samara Regional Court, 12/05/2022.   47805/22 15/09/2022 Yelena Viktorovna MILUSHKINA 1995   Konstantin Mikhaylovich Zinovyev Nizhniy Novgorod Anti-war protest   Nizhniy Novgorod   06/03/2022 article 20.2 § 5 of CAO fine of RUB   10,000 Nizhniy Novgorod Regional Court 25/05/2022 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 3.10 p.m. on 06/03/2022 to 4.00 p.m. on 07/03/2022, 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: Nizhny Novgorod Regional Court, 25/05/2022.   48114/22 14/09/2022 Nadezhda Vladimirovna BOLOBONINA 2002   Konstantin Mikhaylovich Zinovyev Nizhniy Novgorod Ant-war protest   Nizhniy Novgorod   06/03/2022 article 20.2 §   6.1 of CAO fine of RUB   5,000 Nizhniy Novgorod Regional Court 25/05/2022 .   48915/22 30/09/2022 Manuk Ayrikovich AKOPYAN 1996   Konstantin Mikhaylovich Zinovyev Nizhniy Novgorod Anti-war protest   Nizhniy Novgorod   06/03/2022 article 20.2 § 5 of CAO fine of RUB   15,000 Nizhniy Novgorod Regional Court 01/06/2022 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 3.10 p.m. on 06/03/2022 until 1.00 a.m. on 07/03/2022,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Nizhny Novgorod Regional Court, 01/06/2022,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial two police officers on whose written statements his conviction was based.