CEDH · CASELAW;COMMUNICATEDCASES;ENG — 11 janvier 2024

.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 5 February 2024   FOURTH SECTION Application no.   32406/21 Dmitriy Nikolayevich GALKIN against Russia and 17 other applications (see list appended) PROCEDURAL INFORMATION Following a preliminary examination of the admissibility of the applications on 11 January 2024, 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     32406/21* 09/06/2021 Dmitriy Nikolayevich GALKIN 1987   Andrey Yevgenyevich Shchukin Nizhniy Tagil Rally “Free Navalnyy”   Yekaterinburg   31/01/2021 article 20.2 § 5 of CAO 30 hours of community service Sverdlovsk Regional Court 25/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.05 p.m. until 7.15 p.m. on 31/01/2021,   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 the police officers on whose written statements his conviction was based     34085/21* 06/06/2021 Sergey Igorevich GULYAYEV 1994   Dmitriy Vladimirovich Zubarev Vladivostok Rally “Free Navalnyy”   Vladivostok   31/01/2021 article 20.2 § 5 of CAO fine of RUB   15,000 Primorsk Regional Court 06/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.40 p.m. until 7 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 open court the police officers on whose written statements his conviction was based.     36386/21* 30/06/2021 Dmitriy Nikolayevich KOSTIKOV 1991     Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Kursk   23/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Kursk Regional Court 29/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for the sole purpose of drawing a record of administrative offence from 3.15   p.m. until 7.40 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;   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     38360/21* 02/07/2021 Artem Rinatovich MINGAZIROV 1998     Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 22/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 7 p.m. on 31/01/2021 until 00.30 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,   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 the police officers on whose written statements his conviction was based.     39333/21* 22/07/2021 Eldar Kurbanovich ALIYEV 1970     Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   02/02/2021 article 20.2 §   6.1 of CAO detention for 7 days Moscow City Court 14/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station before and after compiling an offence report from 11.30 p.m. on 02/02/2021 until 4   p.m. on 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,   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 the police officers on whose written statements his 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.     1890/22* 21/12/2021 Denis Vladimirovich STEPANOV 1999   Roman Yevgenyevich Kachanov Yekaterinburg Rally "Free Navalnyy"   Yekaterinburg   31/01/2021 article 20.2 § 5 of CAO 20 hours of community work Sverdlovsk Regional 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     2686/22* 09/12/2021 Aleksandra Anatolyevna NOVIKOVA 1985   Ernest Aleksandrovich Mezak Saint-Barthélemy-d’Anjou Rally "Free Navalnyy"   Petropavlovsk-Kamchatskiy   23/01/2021 article 20.2 § 2 of CAO       fine of RUB   20,000         Kamchatka Regional Court 09/06/2021       3415/22 23/12/2021 Sergey Vitalyevich KUBAK 1999   Oleg Vladimirovich Filatchev Moscow Rally "Free Navalnyy"   Kaluga   21/04/2021 article 20.2 § 2 of CAO fine of RUB   15,000 Kaluga Regional Court 25/06/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 7.55 p.m. until 11.55 p.m. 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     3632/22* 24/12/2021 Denis Andreyevich POZDIN 1990    Ilya Igorevich Bogdashkin Yekaterinburg Rally "Free Navalnyy"   Yekaterinburg   31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Sverdlovsk Regional Court 16/09/2021 Art. 5 (1) - unlawful detention - detention at the police station without compiling an offence report 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   3808/22* 22/12/2021 Sergey Nikolayevich POLOVOY 1974   Oksana Anatolyevna Vladyka Arkhangelsk Rally "Free Navalnyy"   Arkhangelsk 21/04/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Arkhangelsk Regional Court 16/07/2021 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.   3967/22* 27/12/2021 Kirill Aleksandrovich KIRSANOV 1972   Oksana Gennadyevna Olgerdt Moscow Rally "Free Navalnyy"   Moscow   03/02/2021 article 20.2 § 6.1 of CAO detention for 10 days Moscow City Court 28/06/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 01.10 p.m. until 11.30 p.m. on 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   4259/22 30/12/2021 Pavel Vladimirovich MEDVEDEV 1984 Mariya Valeryevna Chashchilova Moscow Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 15/07/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.05 p.m. until 8.20 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.   4344/22* 30/12/2021 Danila Viktorovich KORABLIN 1981   Aleksandra Nikolayevna Bayeva Moscow Rally "Free Navalnyy"   Moscow   23/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City 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   4592/22 24/12/2021 Yelena Viktorovna LINNIK 1994   Aleksandr Sergeyevich Lokhmutov Moscow Rally "Municipal Russia" organised by Open Russia Civic Movement   Moscow   13/03/2021 article 20.33 of CAO fine of RUB   15,000 Izmaylovskiy District Court of Moscow 29/06/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 10.30 a.m. until 3 p.m. on 13/03/2021   5183/22* 31/12/2021 Yuliya Yevgenyevna SHEVELEVA 1992   Andrey Yevgenyevcich Shchukin Nizhniy Tagil Rally "Free Navalnyy"   Yekaterinburg   23/01/2021 article 20.2 § 5 of CAO fine of RUB   15,000 Sverdlovsk Regional Court 08/12/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   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).   34223/22* 23/06/2022 Pavel Vyacheslavovich KARULIN 1996   Konstantin Aleksandrovich Markin Velikiy Novgorod Anti-war protest   Velikiy Novgorod   06/03/2022 article 20.2 § 2 of CAO 20 hours of community service Novgorod Regional Court 01/04/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station before and after compiling an offence report from 2.20 p.m. on 06/03/2022 until court hearing at 11.40 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,   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 the police officers on whose written statements his conviction was based   39877/22 29/07/2022 Aleksey Alekseyevich FILATOV 1981   Luiza Magomedovna Magomedova St Petersburg Anti-war protest   St Petersburg   27/02/2022 article 20.2 § 2 of CAO detention for 5 days St Petersburg City Court 26/04/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station before and after compiling an offence report from 8.40 p.m. on 27/02/2022 until 08.34 a.m. on 28/02/2022,   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 open court the police officers on whose written statements his 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.   50658/22 24/09/2022 Aleksandr Vladimirovich BLAZHIYEVSKIY 1982   Ruslan Vladimirovich Sozonov 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 25/05/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station before and after compiling an offence report from 7.40 p.m. on 24/02/2022 until 12.40 p.m. 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