CEDH · CASELAW;COMMUNICATEDCASES;ENG — 30 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 } .s5FFF0A7E { margin-top:0pt; margin-bottom:0pt; font-size:8pt } Published on 8 January 2024   FOURTH SECTION Application no.   83038/17 Sergey Borisovich UDALOV against Russia and 18 other applications (see list appended) PROCEDURAL INFORMATION Following a preliminary examination of the admissibility of the applications on 30 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     83038/17* 30/11/2017 Sergey Borisovich UDALOV 1983   Aleksandr Dmitriyevich Peredruk St Petersburg Anticorruption rally   St Petersburg, 12/06/2017 article 20.2 § 5 of CAO       fine of RUB   10,000     St Petersburg City Court 28/06/2017     Art. 5 (1) - unlawful detention - on 12 ‑ 13/06/2017 escorting to and detention in a police station for and after compiling offence reports,   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 - in particular, the right to examine police officers whose pre-trial statements or reports were used for convicting the applicant,   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - overlap of the substantially the same facts underlying prosecution in this case and another case under Art. 19.3 of CAO (final decision on 28/06/2017 by St Petersburg City Court).     3538/18* 13/12/2017 Stanislav Andreyevich KORENYUGIN 1995   Ilnur Ilgizovich Sharapov Moscow Anticorruption rally   Moscow, 26/03/2017   Rally to support A.   Navalnyy   Moscow, 31/01/2021   Anti-war rally   Moscow 27/02/2022 article 20.2 § 5 of CAO         article 20.2 § 6.1 of CAO         article 20.2 § 5 of CAO fine of RUB   15,000         10 days of detention         fine of RUB   20,000 Moscow City Court 10/07/2017         Moscow City Court 03/02/2021         Moscow City Court 13/03/2023 Art. 5 (1) - unlawful detention: (i) on 31/01/2021 and until 01/02/2021 escorting to and detention in a police station for and after compiling an offence report; (ii) on 13/03/2021 and on 27/02/2022 escorting to a police station for compiling offence reports,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings in 2017 and 2021,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - right to examine police officers whose pre-trial statements or reports were used for convicting the applicant under Art. 20.2 § 6.1 of CAO,   Art. 11 (1) - various restrictions on the right to freedom of peaceful assembly - the applicant was arrested and sentenced to a fine of RUB   5,000 (Art. 20.33 of CAO, final decision on 14/09/2021 by Lyubertsy Town Court of Moscow Region) for participation in an indoors political meeting on 13/03/2021 organised, according to the courts, by a banned organisation (Open Russia Civic Movement), Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal – immediate execution of the sentence of 10-days’ detention in 2021; an appeal against conviction had no suspensive effect.     7940/18* 19/01/2018 Oksana Rafikovna KHARINOVA 1975   Ernest Aleksandrovich Mezak Saint-Barthélemy-d’Anjou Anticorruption rally   Uhta, 26/03/2017   Rally to support A.   Navalnyy   Uhta, 23/01/2021 article 20.2 § 1 of CAO         article 20.2 § 5 of CAO fine of RUB   15,000         fine of RUB   10,000 Supreme Court of the Komi Republic 19/07/2017       Supreme Court of the Komi Republic 17/03/2021       21583/18* 23/04/2018 Natalya Aleksandrovna SUBBOTINA 1997   Yelena Yuryevna Pershakova Moscow Rally to support A.   Navalnyy   Perm, 22/09/2017   Rally to support A.   Navalnyy   Perm, 07/10/2017   Gathering to support arrested protesters (following the above rally)   Perm, 07/10/2017 article 20.2 § 5 of CAO         article 20.2 § 2 of CAO         article 20.2 § 5 of CAO       fine of RUB   10,000         20 hours of community work       20 hours of community work         Perm Regional Court 23/10/2017       Perm Regional Court 20/11/2017       Perm Regional Court 18/12/2017 Art. 5 (1) - unlawful detention - on 22/09/2017 escorting to a police station 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 under Art. 20.2 §   5 of CAO (final decision of 23/10/2017),   In alternative to Article 11, Art. 10 (1) - disproportionate measures against solo demonstrators - the applicant was sentenced to a fine of RUB   10,000 for participation in a group event (rally) on 22/09/2017; according to her, she held a solo demonstration at some 30 meters from other solo demonstrators; the courts classified the above as an assembly.     29958/18* 08/06/2018 Irina Aleksandrovna NEVEROVA 1989   Yelena Yuryevna Pershakova Moscow Rally to support A.   Navalnyy   Perm, 03/09/2017   Protest rally   Perm, 22/09/2017   Rally to support A.   Navalnyy   Perm, 07/10/2017 article 20.2 § 5 of CAO         article 20.2 § 5 of CAO       article 20.2 § 5 of CAO fine of RUB   10,000         20 hours of community work     20 hours of community work Perm Regional Court 26/12/2017       Perm Regional Court 22/12/2017     Perm Regional Court 11/12/2017 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision on 22/12/2017 by the Perm Regional Court,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - the right to examine police officers whose pre-trial statements or reports were used for convicting the applicant in the above case,   In alternative to Article 11 complaint, Art. 10 (1) - disproportionate measures against solo demonstrators - on 22/09/2017 the applicant held a solo demonstration; she was arrested and sentenced to community work for participation in an assembly (Art. 20.2 of CAO; final decision on 22/12/2017 by Perm Regional Court).     30161/18* 09/06/2018 Georgiy Borisovich SHABANOV 1962   Yelena Yuryevna Pershakova Moscow Rally to support A.   Navalnyy   Perm, 07/10/2017   Opposition rally   Perm, 05/05/2018   Rally to support A.   Navalnyy   Perm, 23/01/2021   Protest rally   Perm, 21/04/2021 article 20.2 § 5 of CAO         article 20.2 § 8 of CAO       article 20.2 § 5 of CAO         article 20.2 § 5 of CAO fine of RUB   10,000         100 hours of community work     fine of RUB   10,000         fine of RUB   15,000 Perm Regional Court 11/12/2017       Perm Regional Court 09/08/2018     Perm Regional Court 02/06/2021       Perm Regional Court 11/08/2021 Art. 5 (1) - unlawful detention - on 14/05/2018 escorting to a police station for compiling an offence report in relation to the rally on 05/05/2018,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision on 02/06/2021 by the Perm Regional Court,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - in particular, the right to examine police officers whose pre-trial statements or reports were used for convicting the applicant (final decisions on 02/06/2021 and 11/08/2021 by the Perm Regional Court)     33646/18 21/06/2018 Anatoliy Vyacheslavovich SHIRINKIN 1967   Georgiy Borisovich Shabanov Troitsa Rally to support A.   Navalnyy   Perm, 07/10/2017 article 20.2 § 5 of CAO fine of RUB   10,000 Perm Regional Court 21/12/2017 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings     54920/18 31/10/2018 Filipp Aleksandrovich SHCHELKANOV 1988   Vitaliy Viktorovich Cherkasov St Petersburg Opposition rally   St Petersburg, 05/05/2018   article 19.3 § 1 of CAO     article 20.2 § 5 of CAO 15 days of detention     fine of RUB   10,000 St Petersburg City Court 30/05/2018   St Petersburg City Court 26/06/2018 Art. 5 (1) - unlawful detention - on 05-06/05/2018 escorting to and detention in a police station for and after compiling offence reports,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - in particular, the right to examine police officers whose pre-trial statements or reports were used for convicting the applicant in both cases,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - immediate execution of the sentence of detention; an appeal against conviction had no suspensive effect, Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - overlap of the facts constituting the basis for the applicant’s prosecution and punishment in the second set of proceedings with substantially the same facts underlying his conviction in the first set of the proceedings.     504/19* 11/12/2018 Firgat Fidaliyevich FAYZRAKHMANOV 1994   Igor Nikolayevich Sholokhov Kazan Rally against the pension reform   Kazan, 09/09/2018 article 20.2 § 2 of CAO 4 days of detention Supreme Court of the Tatarstan Republic 12/09/2018 Art. 5 (1) - unlawful detention - on 09 ‑ 10/09/2018 escorting to and detention in a police station for and after 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,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - immediate execution of the sentence of detention; an appeal against conviction had no suspensive effect.   3288/19* 19/12/2018 Aleksey Igorevich CHERNOV 1984   Igor Nikolayevich Sholokhov Kazan Rally against the pension reform   Kazan, 09/09/2018 article 20.2 § 2 of CAO 4 days of detention Supreme Court of the Tatarstan Republic 21/09/2018 Art. 5 (1) - unlawful detention - on 09 ‑ 10/09/2018 escorting to and detention in a police station for and after 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,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - immediate execution of the sentence of detention; an appeal against conviction had no suspensive effect.   9560/19* 05/02/2019 Ilya Sergeyevich VAGIN 1985   Aleksey Vladimirovich Glukhov Novocheboksarsk Opposition rally   Nizhniy Novgorod, 05/05/2018 article 20.2 § 2 of CAO fine of RUB   20,000 Nizhniy Novgorod Reginal Court 08/08/2018     14140/19* 05/03/2019 Aleksandr Yevgenyevich KARAVAYEV 1985       Rally to commemorate B.   Nemtsov   Nizhniy Novgorod, 25/02/2018 article 20.2 § 5 of CAO 30 hours of community work Nizhniy Novgorod Regional Court 06/09/2018 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceeding,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - in particular, the right to examine police officers whose pre-trial statements or reports were used for convicting the applicant.   20630/19 04/04/2019 Stanislav Valeryevich ZAKHAROV 1988   Roman Vasilyevich Sukachev Chita Protest rally   Chita, 03/11/2018 article 20.2 § 2 of CAO     article 20.2 § 1 of CAO     article 20.2 § 1 of CAO fine of RUB   20,000     fine of RUB   10,000     fine of RUB   10,000 Zabaykalye Regional Court 24/12/2018   Zabaykalye Regional Court 24/12/2018   Zabaykalye Regional Court 24/12/2018 In alternative to Article 11 complaints being communicated,   Art. 10 (1) - conviction for making calls to participate in public events - the applicant was sentenced to two fines for reposting - on two social networks - one message relating to the forthcoming rally on 03/11/2018 and to another fine for posting another message about that rally (in the meantime, the rally had been eventually approved and had been held as planned),   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - overlap of the facts constituting the basis for the applicant’s prosecution and punishment in two sets of proceedings under Art. 20.2 §   1 of CAO.   33046/19* 11/06/2019 Adel Damirovich BADRETDINOV 1999   Igor Nikolayevich Sholokhov Kazan Rally against the pension reform   Kazan, 09/09/2018 article 20.2 § 5 of CAO fine of RUB   15,000 Supreme Court of the Tatarstan Republic 17/04/2019 Art. 5 (1) - unlawful detention - on 22 ‑ 23/03/2019 escorting to and detention in a police station for and after 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.   43878/19* 06/08/2019 Vyacheslav Aleksandrovich KHLYNOV 1999       Spontaneous meeting against arbitrary detention of protesters   Moscow, 06/10/2018 article 20.2 § 6.1 of CAO fine of RUB   10,000 Moscow City Court 06/05/2019 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 - in particular, the right to examine police officers whose pre-trial statements ore reports were used for convicting the applicant.   63934/19* 30/11/2019 Artem Igorevich KULIKOVSKIY 2000   Dmitriy Igorevich Zakhvatov Moscow Protest action   Moscow, 10/03/2019 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 02/07/2019     45813/21* 25/08/2021 Maksim Valeryevich KUKUSHKIN 1976   Konstantin Vladimirovich Bubon Khabarovsk Rally to support A.   Navalnyy   Khabarovsk, 23/01/2021 article 20.2 § 8 of CAO fine of RUB   150,000 Khabarovsk Regional Court 05/05/2021 Art. 5 (1) - unlawful detention - on 23 ‑ 24/01/2021 escorting to and detention in a police station for compiling an offence report,   Art. 10 (1) - measures in relation to media coverage of public assemblies – the applicant was arrested and sentenced to a fine for participation in the rally on 23/01/2021; according to him, he (member of the regional legislature, director of a private company and freelance reporter for an online newspaper) had been present at the rally, upon assignment from the above newspaper, had filmed during the rally and had posted on his personal Instagram account,   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the conviction under Art. 20.2 § 8 of CAO punishing "repeated violation of the rules on rallies" relied on a previous final conviction in 2020.   48307/21* 06/09/2021 Dmitriy Sergeyevich TIMOSHENKO 1987   Tumas Arsenovich Misakyan Moscow Rallies to support S.   Furgal in Khabarovsk on:   24/10/2020     26/10/2020     31/10/2020     07/11/2020     26/12/2020           article 20.2 §   6.1 of CAO   article 20.2 § 5 of CAO   article 20.2 § 8 of CAO   article 20.2 § 8 of CAO   article 20.2 § 8 of CAO fines of:         RUB   10,000     RUB   10,000     RUB   75,000     RUB   150,000     RUB   150,000 Khabarovsk Regional Court:       11/03/2021     18/03/2021     09/03/2021     15/03/2021     16/03/2021   Art. 5 (1) - unlawful detention - on 16/01/2021 escorting to a police station for compiling an offence report in relation to the rally on 24/10/2020,   Art. 10 (1) - measures in relation to media coverage of public assemblies - the applicant was present at the rallies upon assignment from a local newspaper.   49611/21* 17/09/2021 Anatoliy Mariyevich SVECHNIKOV 1972   Irina Yuryevna Ruchko Yekaterinburg Rally to support A.   Navalnyy   Yekaterinburg, 23/01/2021   Rally to support A.   Navalnyy   Yekaterinburg, 31/01/2021 article 20.2 § 5 of CAO         article 20.2 § 5 of CAO 20 hours of community work       20 hours of community work Sverdlovsk Regional Court 28/07/2021       Sverdlovsk Regional Court 14/07/2021 Art. 5 (1) - unlawful detention - on 07/04/2021 escorting to a police station for compiling an offence report in relation to the rally 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 decisions on 28/07/2021 and 14/07/2021 by the Sverdlovsk Regional Court (respectively, as to the rally on 23/01/2021 and the event on 06/03/2021 mentioned below),   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - in particular, the right to examine police officers whose pre-trial statements or reports were used for convicting the applicant, and/or the refusal to examine witnesses on behalf of the defence (final decisions on 14/07/2021, 28/07/2021 and 04/03/2022),   Art. 10 (1) - disproportionate measures against solo demonstrators: (i) on 06/03/2021 the applicant participated in a series of solo demonstrations against political persecution; the courts classified it as a single group event and sentenced the applicant to 30 hours of community work (Art. 20.2 § 5 of CAO, final decision on 14/07/2021 by the Sverdlovsk Regional Court); (ii) on 27/02/2022 the applicant placed B. Nemtsov’s photograph and a candle at a public venue, to commemorate his murder; the courts classified it as participation in an assembly (rally) and sentenced him to 30-day detention, referring to the breach of the regional COVID regulations banning all public events such as rallies (Art. 20.2 §   8 of CAO, final decision on 04/03/2022 by the Sverdlovsk Regional Court).