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 } .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 } .sDF50AF3C { margin-top:12pt; margin-bottom:12pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-size:1pt } Published on 27 November 2023   SECOND SECTION Application no.   57352/21 Vladislav Igorevich KELLER 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 / criminal offence Penalty Final domestic decision Court Name Date Other complaints under well-established case-law     57352/21* 08/11/2021 Vladislav Igorevich KELLER 2001   Anna Yevgenyevna Bochilo Barnaul Rally "Free Navalnyy"   Barnaul   21/04/2021 article 20.2 § 2 of CAO 30 hours of community work Altay Regional Court 14/07/2021 Art. 10 (1) - conviction for making calls to participate in public events - calls to participate in an anti-war rally made on social network Telegram / 25/02/2022 / Article 20.2. § 8 of CAO / Altay Regional Court, 12/05/2022 / detention for 2 days,   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 (in the proceedings concerning the events on 25/02/2022)     60739/21* 03/12/2021 Nikolay Aleksandrovich GORELOV 1985   Mariya Vladimirovna Bontsler Kaliningrad Rally "Free Navalnyy"   Kaliningrad   21/04/2021 article 20.2 § 5 of CAO fine of RUB 12,000 Kaliningrad Regional Court 19/10/2021       8581/22 27/01/2022 Yuliya Olegovna KONSTANTINOVA 1985   Vladimir Valeryevich Vasin Krasnoyarsk opposition rally   Krasnoyarsk   21/06/2020 article 20.2 § 5 of CAO fine of RUB 10,000 Krasnoyarsk Regional Court 29/07/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings     9465/22* 21/01/2022 Aleksey Nikolayevich GRISHIN 1981     Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Tambov   23/01/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Tambov Regional Court 21/07/2021 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,   Art. 8 (2) - restrictions on the right to private life of participants in public assemblies – use of facial recognition techniques to identify the applicant (see Glukhin v. Russia, no. 11519/20, 4 July 2023)     10659/22 04/02/2022 Lyudmila Nikolayevna KALINYCHEVA 1954   Ruslan Vladimirovich Sozonov Nizhniy Novgorod Rally "Free Navalnyy"   Nizhny Novgorod   31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Nizhny Novgorod Regional Court 04/08/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between noon and 9:00 p.m. on 31/01/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based     10831/22* 10/02/2022 Yevdokiya Konstantinovna KALYAKINA 1962   Andrey Olegovich Valenkov Nizhniy Novgorod Rally "Free Navalnyy"   Nizhny Novgorod   31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Nizhny Novgorod Regional Court 11/08/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between noon and 6:50 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,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based,   Art. 6 (1) - lack of fair hearing - refusal to allow evidence in support of the applicant’s account of events (video records of the events in question)     11000/22* 03/02/2022 Daniil Stanislavovich USTINOV 1999     Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow   05/02/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 19/08/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 1:30 p.m. and 8:00 p.m. 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     13905/22* 28/02/2022 Fedor Sergeyevich DANSHIN 2002   Kseniya Dmitriyevna Prosvirkina Moscow Rally "Free Navalnyy"   Belgorod   21/04/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Belgorod Regional Court 30/08/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record on 21/04/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings     22143/22 25/03/2022 Aleksandr Sergeyevich FIRSOV 1983       Rally "Free Navalnyy"   Moscow   02/02/2021   Rally "Free Navalnyy"   Moscow   21/04/2021   Anti-war rally   Moscow   24/02/2022 article 20.2 § 5 of CAO           article 20.2 § 5 of CAO           article 20.2 § 8 of CAO fine of RUB 10,000           fine of RUB 15,000           detention for 16 days Moscow City Court 15/12/2021         Moscow City Court 11/10/2021         Moscow City Court 17/03/2022 Art. 5 (1) - unlawful detention - escorting to and the detention at the police station for compiling an offence record between: noon and 8:30 p.m. on 02/02/2021; 6:40 p.m. on 24/02/2022 and 4:30 p.m. on 03/03/2022; escorting to the police station on 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 - in all three sets of administrative-offence proceedings (concerning the events on 02/02/2021; 21/04/2021; 24/02/2022),   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 in two sets of administrative proceedings (concerning the events on 02/02/2021 and 21/04/2021),   Art. 8 (2) - restrictions on the right to private life of participants in public assemblies - use of photo and video materials made by police during the rally to identify and charge the applicant with an administrative offence (in connection with events of 21/04/2021),   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the 30-day 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, whereas the appeal court changed his sentence to 16-days’ detention.   28253/22 26/05/2022 Yaroslav Gelyevich KAZEYEV 1982   Natalya Andreyevna Baranova Moscow Anti-war rally   Moscow   13/03/2022 article 20.2 § 8 of CAO detention for 20 days Moscow City Court 21/03/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 3:30 p.m. on 13/03/2022 and 3:00 p.m. on 14/03/2022,   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,   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   33197/22 06/06/2022 Nataliya Yuryevna GORDO 1967   Aleksey Vladimirovich Bushmakov Yekaterinburg Anti-war rally   Yekaterinburg   24/02/2022 article 20.2 § 2 of CAO fine of RUB 30,000 Sverdlovsk Regional Court 28/04/2022 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record on 24/02/2022,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   33199/22 06/06/2022 Yelizaveta Viktorovna PALKINA 1997   Aleksey Vladimirovich Bushmakov Yekaterinburg Anti-war rally   Yekaterinburg   26/02/2022 article 20.2 § 5 of CAO 30 hours of community work Sverdlovsk Regional Court 27/04/2022 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record on 26/02/2022,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   33201/22 06/06/2022 Aleksandra Andreyevna KRYLOVA 2002   Aleksey Vladimirovich Bushmakov Yekaterinburg Anti-war rally   Yekaterinburg   24/02/2022 article 20.2 § 5 of CAO fine of RUB 15,000 Sverdlovsk Regional Court 27/04/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record on 24/02/2022,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   33209/22 06/06/2022 Yevgeniy Igorevich UFIMTSEV 1998   Aleksey Vladimirovich Bushmakov Yekaterinburg Anti-war rally   Yekaterinburg   03/03/2022 article 20.2 § 5 of CAO 30 hours of community work Sverdlovsk Regional Court 27/04/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record on 03/03/2022,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   34099/22* 20/06/2022 Yegor Nikolayevich YERMAKOV    Sergey Viktorovich Podolskiy St Petersburg Anti-war rally   St Petersburg   06/03/2022 article 20.2 § 6.1 of CAO detention for 2 days St Petersburg City Court 24/03/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 1:50 pm. on 06/03/2022 and 1:15 p.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,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based,   Art. 6 (1) - lack of fair hearing - refusal of the court to summon witnessed who could testify in support of the applicant’s account of events,   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   36221/22* 11/07/2022 Damir Radikovich ISMAGILOV 1999   Natalya Andreyevna Baranova Moscow Anti-war rally   Moscow   06/03/2022 article 20.2 § 8 of CAO detention for 15 days Moscow City Court 11/03/2022 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based,   Art. 6 (1) - and Art. 6 (3) (c) - unfair criminal proceedings due to the absence of legal representation - no lawyer present in the first-instance court hearing, Art. 6 (1) - lack of fair hearing - refusal of the court to grant the applicant’s request to adduce evidence in support of the applicant’s account of events (video records of the events in question),   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   41097/22 12/08/2022 Andrey Anatolyevich ISAKOV 1959   Vladislav Vladimirovich Kosnyrev Syktyvkar Anti-war rally   Syktyvkar   24/02/2022 article 20.2 § 8 of CAO detention for 10 days Syktyvkar Regional Court 13/04/2022 Art. 5 (1) - unlawful detention - detention in a police van between 7:30 p.m. and 8:00 p.m. on 24/02/2022 detention at the police station for compiling an offence record between 02/03/2022 and 03/02/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   43380/22 18/08/2022 Sergey Aleksandrovich KURKOV 1986   Natalya Andreyevna Baranova Moscow Anti-war rally   St Petersburg   06/03/2022 article 20.2 § 5 of CAO fine of RUB 10,000 St Petersburg City Court 19/04/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 5:00 p.m. on 06/03/2022 and 3:00 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   32409/23* 01/08/2023 Yuliya Dmitriyevna TOKAREVA 2000   Natalya Pavlovna Yermilova Yekaterinburg Anti-war rally   Yekaterinburg   06/03/2022 article 20.2 § 5 of CAO fine of RUB 10,000 Sverdlovsk Regional Court 12/04/2023 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 2:00 p.m. and 9:00 p.m. on 06/03/2022,     33055/23* 16/08/2023 Diana Vladimirovna KOZHEVINA 1994       Anti-war rally   Moscow   06/03/2022 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 17/04/2023 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 2:50 p.m. and 8:40 p.m. on 06/03/2022     33429/23* 01/05/2021 Ilya Valentinovich POTEMKIN 1988   Nikolay Sergeyevich Zboroshenko Mytishchi Rally "Free Navalnyy"   Moscow   23/01/2021 article 20.2 § 6.1 of CAO detention for 10 days Moscow City Court 29/01/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record on 23/01/2021; detention at the police station between 23/01/2021 and 25/01/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based