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 } .s5FFF0A7E { margin-top:0pt; margin-bottom:0pt; font-size:8pt } Published on 5 February 2024   FOURTH SECTION Application no.   11180/18 Vladimir Vladimirovich ZHILKIN against Russia and 8 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 6 § 1 of the Convention relating to lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings which are the subject of well-established case law of the Court (see Karelin v.   Russia, no. 926/08, 20 September 2016).   APPENDIX – STATEMENT OF FACTS List of applications raising complaints under Article 6 § 1 of the Convention (lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings) No. Application no. Date of introduction Applicant’s name Year of birth   Representative’s name and location Penalty Date of final domestic decision Name of court Other complaints under   well-established case-law     11180/18* 04/02/2018 Vladimir Vladimirovich ZHILKIN 1974   Viktor Viktorovich Vorobyev Syktyvkar (i) fine of RUB   500       ii)   administrative detention of 15   days (i) 31/07/2017, Tambov Regional Court (a copy of the judgment sent to the applicant by post on 04/08/2017)   (ii) 16/02/2021, Tambov Regional Court Art. 10 (1) - various restrictions on the right to freedom of expression - arrest of the applicant who on 12/06/2017 was allegedly on the way to a public assembly held by local administration in Tambov; the applicant was wearing a t-shirt "Fed up with the Regime" - conviction under article 20.1   §   1 of CAO, fine of RUB 500, final judgment of 31/07/2017, Tambov Regional Court,   Art. 10 (1) - various restrictions on the right to freedom of expression - arrest, conviction under article 19.3 § 1 of CAO, administrative detention of 15 days for making a video footage at the police station on 04/02/2021; final judgment of 16/02/2021 by the Tambov Regional Court,   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - Tambov, 01/08/2020, demonstration in support of S. Furgal and Khabarovsk protesters - conviction under article 20.6.1 § 1 of CAO, administrative fine of RUB 15,000, final judgment of 09/11/2020, Tambov Regional Court,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - third set of proceedings - the sentence of administrative detention imposed on the applicant on 05/02/2021 was executed immediately, on account of the lack of a suspensive effect under the CAO     56181/18* 17/11/2018 Nina Igorevna POPUGAYEVA 1996   Vyacheslav Sergeyevich SLYUSAREV 1986   Ernest Aleksandrovich Mezak Saint-Barthélemy-d’Anjou fine of RUB   500 05/09/2018, Supreme Court of the Komi Republic (proceedings in respect of the second applicant Mr Slyusarev) Art. 5 (1) - unlawful detention - in respect of the second applicant Mr Slyusarev - arrest, escorting to a police station, detention between 10/05/2018 and 11/05/2018 as administrative suspect, pending trial under article 19.3 of CAO, after the offence record had been compiled,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - in respect of the second applicant Mr Slyusarev - inability to cross-examine in open court police officers on whose written statements the conviction was based,   Art. 10 (1) - various restrictions on the right to freedom of expression - in respect of the second applicant Mr Slyusarev - arrest, conviction under article 19.3   §   1 of the CAO, fine of RUB 500 on account, inter alia, of the applicant’s refusal to discontinue filming the events ongoing at the police station after his arrest on 10/05/2018; prohibition to film at the police station (the relevant recording made by the applicant allegedly with the aim of recording evidence of violations of his rights by the police officers)     40147/21 21/07/2021 Ilya Vilyamovich AZAR 1984   Leonid Alekseyevich Solovyev Moscow (i)   administrative detention of 15   days   (ii) fine of RUB   150,000 (i) 05/03/2021, Moscow City Court   (ii) 08/04/2021, Moscow City Court Art. 10 (1) - conviction for making calls to participate in public events ( Elvira Dmitriyeva v. Russia , nos. 60921/17 and 7202/18, §§ 77-90, 30 April 2019) – (i) a Facebook post of 12/07/2020 calling for participation in a public event in support of journalist I. Safronov (scheduled for 13/07/2020) - conviction under article 20.2   §   8 of CAO, administrative detention of 15   days, final judgment of 05/03/2021 by the Moscow City Court; and (ii) a Facebook post of 11/03/2020 calling for participation in solo demonstrations held on rotation basis against the constitutional reform (event scheduled for 12/03/2020) - conviction under article 20.2 § 8 of CAO, administrative fine of RUB 150,000, final judgment of 08/04/2021 by the Moscow City Court,   Art. 10 (1) - various restrictions on the right to freedom of expression - a Facebook post of 18/08/2021 supporting "Smart voting" strategy and using a logo of the "Smart Voting" campaign - conviction under article 20.3 § 1 of CAO on account of the use of symbols of an organisation declared extremist, administrative fine of RUB   2,000, final judgment of 07/09/2022 by the Moscow City Court,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 03/03/2021 was executed immediately, on account of the lack of a suspensive effect of an appeal under the CAO     50465/21 21/09/2021 Pavel Ivanovich TARAKANOV 1964   Nikolay Sergeyevich Zboroshenko Mytishchi fine of RUB   10,000 28/04/2021, Moscow City Court Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest, escorting to a police station on 31/01/2021 for the sole purpose of drawing up an offence record,   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     53781/21* 22/10/2021 Saveliy Leonidovich ROZHKOV 1973     Memorial Human Rights Centre Moscow fine of RUB   1,000 28/04/2021, Moscow City 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 conviction was based     23571/22 30/04/2022 Sergey Vasilyevich SHCHERBAKOV 1949   Mansur Idrisovich Gilmanov Podolsk administrative detention of 5   days 03/11/2021, Astrakhan Regional Court Art. 10 (1) - various restrictions on the right to freedom of expression - conviction for the use of symbols of an organisation declared extremist - Astrakhan, 25/08/2021, Support of "Smart Vote" strategy (a solo demonstration with a symbol of the "Smart Vote") - article 20.3 § 1 of CAO, administrative detention of 5 days, final judgment of 03/11/2021, Astrakhan Regional Court,   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     36877/22 01/07/2022 Mariya Gennadyevna PRUTSKOVA 1983   Aleksandra Nikolayevna Bayeva Moscow fine of RUB   50,000 26/04/2022, Moscow City Court Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 13/03/2022 for the sole purpose of drawing up an offence record under article 20.3.3 of CAO in respect of the applicant’s anti-war solo demonstration held on the same date,   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     37475/22 15/07/2022 Yekaterina Anatolyevna ZHMUTSKAYA 2003   Natalya Andreyevna Baranova Moscow administrative detention of 7   days 15/03/2022, Moscow City Court Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 10/03/2022 and 11/03/2022 as administrative suspect, pending trial and after the offence record under article 20.1 of CAO was compiled,   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,   Art. 10 (1) - various restrictions on the right to freedom of expression – on 10/03/2022, Moscow, the applicant wrote "No to War" on a lamp post using a "permanent" marker - arrest, conviction under article 20.1   § 1 of CAO for petty hooliganism, final judgment of 15/03/2022, Moscow City Court;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 11/03/2022 was executed immediately, on account of the lack of a suspensive effect of an appeal under the CAO     52437/22 13/10/2022 Artem Andreyevich GOSTYUKHIN 1987       fine of RUB   10,000 14/06/2022, Primorye Regional Court Art. 5 (1) - unlawful detention - arrest and escorting to a police station on 15/04/2022 for the sole purpose of drawing up a record of administrative offence,   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,   Art. 10 (1) - disproportionate measures against solo demonstrators - Ussuriysk, 15/04/2022, Anti-war protest - arrest, escorting to a police station, conviction under article 20.2 § 5 of CAO on account of the applicant’s having been drunk during a public event, administrative fine of RUB 10,000, final judgment of 14/06/2022, Primorye Regional Court