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   THIRD SECTION Application no.   39717/21 Mariya Nikolayevna KOSHELEVA against Russia and 11 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 offence Penalty Final domestic decision Court Name Date Other complaints under well-established case-law     39717/21 19/07/2021 Mariya Nikolayevna KOSHELEVA 2000   Daniil Alekseyevich Polyakov Voronezh Rally against amendments of the Constitution   Voronezh   27/06/2020 article 20.2 § 5 of CAO fine of RUB 10,000 Voronezh Regional Court 19/01/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to question the police officer in open court on whose written statements the conviction was based     47238/21* 10/09/2021 Marina Alekseyevna LITVINOVICH 1974   Ernest Aleksandrovich Mezak Saint-Barthélemy-d’Anjou Collecting signatures against Constitutional amendments   Moscow   15/07/2020 article 20.2 § 8 of CAO fine of RUB 150,000 Moscow City Court 10/03/2021 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention from 10 p.m. on 15/07/2020 to 3.00 a.m. on 16/07/2020 for the sole purpose of drawing up a record of administrative offence,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based     50557/21* 08/10/2021 Ruslan Nikolayevich KIRSANOV 1996   Ivan Yuryevich Zhdanov Vilnius Rally in support of A. Navalnyy   Omsk   31/01/2021 article 20.2 § 5 of CAO and article 20.6.1 § 1 of the CAO   (the same set of proceedings) fine of RUB 10,000 Omsk Regional Court 13/04/2021 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 31/01/2021 for the sole purpose of drawing up an offence report,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officers on whose written statements the conviction was based     53494/21* 07/10/2021 Aleksey Alekseyevich KULAKOV 1997   Marina Alekseyevna Dubrovina Novorossiysk Rally in support of Navalnyy   Novorossiysk   31/01/2021 article 20.2.2 § 1 of CAO administrative detention of 3 days Krasnodar Regional Court 07/04/2021 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial, after the offence record had been compiled,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings, Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross examine in open court police officers on whose written statements the conviction was based;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant on 01/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO     58133/21* 11/11/2021 Bulat Saylauyevich SHUMEKOV 1990   Dmitriy Dmitriyevich Miropoltsev Kaltan Rally in support of A.Navalnyy   Novokuznetsk   23/01/2021 article 20.2 § 5 of CAO fine of RUB 12,000 Kemerovo Regional Court 24/05/2021 Art. 5 (1) - unlawful detention – (i) arrest, escorting to a police station, detention on 23/01/2021 for the sole purpose of drawing up an offence record; and (ii) arrest on the applicant’s arrival to a police station, detention between 23/04/2021 and 24/04/2021 as administrative suspect - "for taking a lawful decision" with reference to under Article 19.3 § 1 of the CAO and 20.6.1 § 1 of the CAO (as per the arrest record), and pending trial, after the offence record under Article 19.3 § 1 of the CAO had been compiled,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - two sets of administrative proceedings: (i) conviction under Article 20.2 § 5 of the CAO, fine of RUB 12,000, final judgment of 24/05/2021 by the Kemerovo Regional Court, and (ii) conviction under Article 19.3 § 1 of CAO, fine of RUB 2,000, final judgment of 28/06/2021 by the Kemerovo Regional Court,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officers on whose written statements the applicant’s conviction under Article 19.3 § 1 of the CAO was based, as well as the defence witness - the applicant’s wife who had been present at the police station at the time of the applicant’s arrest (second set of proceedings, fine of RUB 2,000, final judgment of 28/06/2021 by the Kemerovo Regional Court)     4498/22* 24/12/2021 Kirill Viktorovich KARMANOV 1997     Memorial Human Rights Centre Moscow Rally in support of A. Navalnyy   Blagoveshchensk   21/04/2021     article 20.2 § 5 of CAO   and article 20.6.1 § 1 of the CAO fine of RUB 10,000   and fine of RUB 1,000 Amur Regional Court 02/07/2021 and Amur Regional Court 28/06/2021 Art. 5 (1) - unlawful detention - arrest, escorting to a police station on 21/04/2021 for the sole purpose of drawing up a record of administrative offence,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - two sets of administrative offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officers on whose written statements the conviction was based (proceedings which ended with the conviction under art. 20.6.1 § 1 of the CAO, final judgment of 28/06/2021),   Art. 6 (1) - lack of impartiality of tribunal - case under art. 20.2 § 5 of the CAO adjudicated on appeal by the same judge as the case under art. 20.6.1 § 1 of the CAO, examination of the challenge for bias against the judge of the appeal instance the judge himself in breach of the nemo judex in causa sua principle (Kolesnikova v. Russia , no.   45202/14, §§   49-59, 2 March 2021),   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was convicted twice for his participation in the same public event of 10/10/2020 - under art. 20.6.1 § 1 of the CAO and under art. 20.2 § 5 of the CAO in breach of the COVID-related ban on public events (final decisions: Amur Regional Court, 28/06/2021 and 02/07/2021)     5697/22* 06/01/2022 Yevgeniya Viktorovna SURAVSKAYA 1989   Aleksey Valeryevich Vlasov Tula Rally in support of A.Navalnyy   Tula   31/01/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Tula Regional Court 27/05/2021   (a copy of the judgment received on 06/07/2021) Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 31/01/2021 for compiling an offence report,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings     6450/22 31/12/2021 Konstantin Albertovich CHUYKIN 1998   Vladimir Valeryevich Vasin Krasnoyarsk Rally in support of A Navalnyy   Krasnoyarsk   31/01/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Krasnoyarsk Regional Court 15/07/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report (such record only drawn up on 12/02/2021),   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings     6976/22* 22/01/2022 Albert Garyevich VERNITSKIY 2000   Yelena Yuryevna Pershakova Moscow Rally in support of A.Navalnyy   Krasnoyarsk   23/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Krasnoyarsk Regional Court 22/07/2021 Art. 5 (1) - unlawful detention - arrest, delayed escorting to the police station, detention there in excess of three hours on 23/01/2021 for the sole purpose of compiling an offence report (such report only drawn up on 05/02/2021),   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based   14344/22* 14/01/2022 Igor Vladimirovich KOROBKOV 1989   Darya Dmitriyevna Aksenova Kolomna Rally in support of A.Navalnyy   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 15/07/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based   21710/22 08/04/2022 Valeriy Valentinovich SHLYKOV 1963     Memorial Human Rights Centre Moscow Rally in support of A.Navalnyy   Ivanovo   21/04/2021 article 20.2 § 5 of CAO fine of RUB 12,000 Ivanovo Town Court 18/10/2021 Art. 5 (1) - unlawful detention - arrest, escorting to and detention at the police station on 21/04/2021 for compiling an offence report,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   38556/22* 15/07/2022 Sergey Leonidovich ILLARIONOV 1983   Daniil Alekseyevich Polyakov Voronezh Rally in support of A.Navalnyy   Voronezh   21/04/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Voronezh Regional Court 16/03/2022 Art. 5 (1) - unlawful detention - arrest, escorting to a police station on 21/04/2021 for the sole purpose of drawing up an offence report,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings