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   FIRST SECTION Application no.   46953/18 Aleksandr Andreyevich MARKIN against Russia and 12 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 10 § 1 of the Convention relating to disproportionate measures against solo demonstrators which are the subject of well-established case law of the Court (see Novikova and Others v. Russia, nos. 25501/07 and 4 others, 26 April 2016 and Lashmankin and Others v. Russia, nos. 57818/09 and 14 others, 7 February 2017).   APPENDIX – STATEMENT OF FACTS List of applications raising complaints under Article 10 § 1 of the Convention (disproportionate measures against solo demonstrators) No. Application no. Date of introduction Applicant’s name Year of birth Representative’s name and location Location Date Purpose of the demonstration Administrative charges Penalty Final domestic decision Date Name of the court Other relevant information Other complaints under well-established case-law     46953/18* 26/09/2018 Aleksandr Andreyevich MARKIN 1999     Bryansk, 10/08/2019, Support of opposition candidates for the elections in Moscow City Council article 20.2 § 2 of CAO,   administrative fine of RUB   30,000 28/10/2019 Bryansk Regional Court (complaint lodged on 23/03/2020)     Art. 5 (1) - unlawful detention – arrest, escorting to and detention at the police station: (i) on 12/02/2018 as administrative suspect, pending trial in respect of the events of 14/10/2017 (the offence record had been compiled on 06/12/2017); and (ii) between 02/09/2019 and 03/09/2019; as an administrative suspect, after the offence record in respect of the event of 10/08/2019 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 - both sets of administrative 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 police officers on whose written statements the conviction was based (both sets of administrative proceedings),   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - Administrative conviction under Article 20.2 § 8 of CAO (organising of public distribution of leaflets in support of A. Navalnyy on 14/10/2017), administrative detention of 5 days, final judgment: Bryansk Regional Court, 27/03/2018     48580/19* 04/09/2019 Tatyana Pavlovna ARSHINOVA 1984 Konstantin Mikhaylovich Zinovyev Nizhniy Novgorod (i) Nizhniy Novgorod, 01/06/2018, Support of Oleg Sentsov and Ukrainian political prisoners in Russia       (ii) Nizhniy Novgorod, 18/06/2018, Support of political prisoners (i) article 20.2 § 5 of CAO, community service of 20 hours,               (ii) article 20.2 § 5 of CAO, community service, of 20 hours (i) Nizhniy Novgorod Regional Court, 06/03/2019               (ii) Nizhniy Novgorod Regional Court, 06/03/2019 ban on public events during the FIFA World Cup 2018 (both solo demonstrations) Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention (i) on 31/01/2021 for the sole purpose of drawing up an offence record; and (i) between 25/02/2022 and 27/02/2022 as administrative suspect, pending trial, after the offence record in respect of the applicant’s participation in a rally of 24/02/2022 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 - four sets of 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 - the first three sets of proceedings (two final judgments of 06/03/2019 and the final judgment of 21/04/2021 by the Nizhniy Novgorod Regional Court),   Art. 11 (1) - various restrictions on the right to freedom of peaceful assembly - (1) Rally in support of A. Navalnyy, Nizhniy Novgorod, 31/01/2021 -arrest, conviction under article 20.2   §   5 of CAO, administrative fine of RUB   15,000, final judgment of 21/04/2021 by the Nizhniy Novgorod Regional Court; and (2) Anti-war rally, Nizhniy Novgorod, 24/02/2022 - conviction under article 20.2 § 8 of CAO, administrative fine of RUB   150,000, final judgment of 20/04/2022 by the Nizhniy Novgorod Regional Court     8152/21* 15/01/2021 Aleksandr Valeryevich BERSHOV 1972 Ilya Vladimirovich Sivoldayev Voronezh Voronezh, 14/05/2020, Support of activist N.   Belyayeva (i), article 20.6.1 § 1 of CAO, administrative fine of RUB   10,000 15/07/2020, Voronezh Regional Court COVID restrictions Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of 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 - second set of proceedings,   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - Voronezh, 21/04/2021, Rally in support of A. Navalnyy - arrest, conviction under article 20.2   §   5 of CAO, fine of RUB 20,000, final judgment of 28/07/2021 by the Voronezh Regional Court     9300/21* 25/01/2021 Mariya Mikhaylovna FEDOTOVA 1997 Aleksandra Nikolayevna Bayeva Moscow (i) Moscow, 17/03/2020, Protest against the constitutional amendments       (ii) Moscow, 18/07/2020, Protest against amendments to the Family Code (i) article 20.2 §   5 of CAO, fine of RUB   10,000           (ii) article 20.2 § 5 of CAO, fine of RUB   10,000 (i) 24/08/2020, Moscow City Court             (ii) 30/11/2020, Moscow City Court (i) ban on public events at certain locations - Red Square (17/03/2020),         (ii) rotation - event classified as assembly post facto, (18/07/2020) Art. 5 (1) - unlawful detention- arrest, escorting to a police station, detention for the sole purpose of drawing up a record of administrative offence (i) on 17/03/2020; and (ii) on 18/07/2020,   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 proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - two sets of proceedings - inability to cross-examine in open court police officers on whose written statements the applicant’s conviction was based, as well as a defence witnesses,   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 issue (see, mutatis mutandis , Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-50, 17 April 2018; and Muchnik and Mordovin v. Russia [Committee], nos. 23814/15 and 2707/16, §§ 47-52, 12 February 2019) - arrest, conviction under article 20.2   §   5 of CAO, fine of RUB 15,000 for participation in a series of solo demonstrations held on 18/07/2020 in Moscow by a group of no less than 25   persons, final judgment of 30/11/2020 by the Moscow City Court.     47144/21* 02/09/2021 Yuriy Valentinovich ALEKSEYEV 1974   Memorial Human Rights Centre Moscow (i) Vladimir Region, 12/06/2021, support of A.   Navalnyy (a banner placed on a stand near the applicant’s dugout),       (ii) Vladimir Region, 24/02/2022, Anti-war protest (an anti-war banner placed on a stand near the applicant’s dugout; the applicant recorded an anti-war video of himself using the banner as a background); (i), article 20.2 § 2 of CAO, fine of RUB   10,000,                 (ii), article 20.2 § 8 of CAO, administrative detention of 9   days (i) 30/07/2021, Vladimir Regional Court                   (ii) 11/03/2022, Vladimir Regional Court conviction for using quickly (de)assembled objects (first and second sets of proceedings) Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - three sets of 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 - all sets of proceedings,   Art. 10 (1) - various restrictions on the right to freedom of expression - 11/09/2021, Vladimir, distribution of leaflets calling not to vote for the United Russia political party at the parliamentary elections in 2021 - arrest, conviction under article 5.12 §   1 of CAO, fine of RUB 5,000 on account of dissemination of campaign material in breach of the electoral legislation; final judgment of 11/10/2021, Leninskiy District Court of Vladimir (see Teslenko and Others v. Russia , nos. 49588/12 and 3 others, §§ 100-145, 5 April 2022),   Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 11/09/2021 for the sole purpose of drawing up an offence record (third set of proceedings)     49226/21* 30/09/2021 Olga Valeryevna PODOLSKAYA 1968   Memorial Human Rights Centre Moscow Tula, 12/12/2020, Protest against the local Governor’s refusal to meet with the applicant article 20.6.1 §   1 of CAO, administrative fine of RUB   15,000 19/04/2021, Tula Regional Court COVID restrictions (first set of proceedings) 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: (i) on 12/12/2020 for the sole purpose of drawing up an offence record; (ii) on 13/03/2021, for the same purpose; and (iii) arrest, de facto inability to leave the premises for several hours on 22/05/2021, pending compilation of an offence record,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - three sets of 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 - three sets of proceedings,   Art. 11 (1) - various restrictions on the right to freedom of peaceful assembly - (i) the applicant was arrested and sentenced to a fine of RUB 5,100 (Art.   20.33 of CAO) for participation in an indoors opposition meeting on 13/03/2021 organised, according to the courts, by an organisation declared "undesirable" (Open Russia Civic Movement), final judgment of 15/06/2021 by the Yefremov Town Court of the Tula Region; and (ii) the applicant was arrested and sentenced to a fine of RUB 5,100 (Art.   20.6.1   §   1 of CAO - breach of sanitary rules) for participation in an indoors opposition meeting on 22/05/2021 in Novgorod, final judgment of 30/07/2021, Novgorod Regional Court,   Art. 6 (1) - unfair trial in administrative offence proceedings - inability to adduce evidence in support of the applicant’s account of events on equal footing with the prosecution - the courts’ refusal to admit video footage and photos of the event of 13/03/2021 (second set of proceedings)     56096/21 25/10/2021 Irina Sergeyevna RONZHINA 1963 Yelena Anatolyevna Mamedova Samara Samara, 15/08/2020, Support of protesters in Khabarovsk and Belarus article 20.2 § 5 of CAO, fine of RUB 10,000 29/04/2021, Samara Regional Court   Art. 5 (1) - unlawful detention - escorting to and detention at the police station on 13/11/2020 for the sole purpose of drawing up an offence record in respect of the solo demonstration of 15/08/2020,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings     57158/21* 17/11/2021 Yevgeniy Igorevich MIKHAYLOV 1979     Moscow, 23/01/2021, Support of A. Navalnyy article 20.6.1 §   1 of CAO, administrative fine of RUB   20,000 29/06/2021, Moscow City Court   Art. 5 (1) - unlawful detention - arrest, delayed escorting to a police station, detention between 23/01/2021 and 25/01/2021 as administrative suspect, pending trial and after the offence record had been complied,   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, as well as a defence witness (an eyewitness of the applicant’s solo demonstration)     717/22* 06/12/2021 Pavel Olegovich KRISEVICH 2000 Leonid Alekseyevich Solovyev Moscow St Petersburg, 02/05/2021, Street exhibition in support of political prisoners article 20.2 § 8 of CAO, administrative detention of 10   days 10/06/2021, St Petersburg City Court   Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 02/05/2021 and 04/05/2021 as administrative suspect, pending trial,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final judgment of 10/06/2021, St Petersburg City Court,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 04/05/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO,   Art. 5 (3) - lack of relevant and sufficient reasons for pre-trial detention - lack of sufficient reasons for the applicant’s pre-trial detention as from 11/06/2021 on charges of hooliganism (Article 213 (2) of the Criminal Code) - by the date of his latest correspondence (01/04/2022) the applicant had remained in detention – 9   month(s) and 20 day(s); fragility of the reasons employed by the courts; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; failure to conduct the proceedings with due diligence during the period of detention,   Art. 5 (4) - excessive length of judicial review of detention - Art. 5 (4) - lack of speediness of review of detention ( Idalov v. Russia [GC], no.   5826/03, §§   154-58, 22 May 2012, and Khodorkovskiy and Lebedev v. Russia , nos. 11082/06 and 13772/05, §§ 522-23, 25 July 2013): (i) Taganskiy District Court of Moscow, 09/09/2021, appeal lodged on 10/08/2021, examined by the Moscow City Court on 08/09/2021, 29 days (complaint lodged on 29/12/2021), (iii) Taganskiy District Court of Moscow, 09/09/2021, appeal lodged no later than 12/09/2021, examined by the Moscow City Court on 06/10/2021, 24   days (complaint lodged on 01/04/2022)   35045/22* 30/06/2022 Aleksey Yuryevich DYDOCHKIN 1989 Aleksey Sergeyevich Lapuzin Samara Tolyatti, 24/02/2022, Anti-war picket article 20.1. § 1 of CAO; administrative detention for 5   days 01/03/2022, Samara Regional Court   Art. 5 (1) - unlawful detention – (i) arrest, escorting to the police station detention between 24/02/2022 and 25/02/2022 as administrative suspect pending trial and after the offence record was compiled; and (ii) escorting to the police station on 13/03/2022 for compiling an offence record,   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 proceedings,   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,   Art. 10 (1) - various restrictions on the right to freedom of expression - wearing an anti-war pin, 13/03/2022, Tolyatti - arrest, conviction under article 20.3.3. § 1 of CAO; administrative fine of RUB 30,000, final judgment of 19/05/2022 by the Samara Regional Court   39105/22* 27/07/2022 Igor Igorevich GORLANOV 1998   Dmitriy Dmitriyevich Miropoltsev Kaltan Novokuznetsk, 05/12/2021, Solo demonstration with a poster "Orphans Targeted by Psychiatry" Article 20.6.1 §   2 CAO, fine of RUB 15,000 25/04/2022 Kemerovo Regional Court COVID-related ban on public events Art. 10 (1) - various restrictions on the right to freedom of expression - conviction under Art. 20.3.1 of the CAO, administrative detention of 15 days for publication on 11/03/2022 of the following post to his Telegram channel: "Werewolves in uniform, rot and trash (cops) have remained the same, as they have remained unpunished despite all the crimes they had committed against me. Now it is even more disgusting for me to live in a cop State, to attend Russian courts or to believe in prosecutors’ independence", which the courts found to have been aimed at inciting hatred and enmity and humiliating the dignity of a group of persons, namely the policemen; final judgment by the Kemerovo Regional Court given on 30/03/2022 (see Savva Terentyev v.   Russia , no.   10692/09, §§ 76-87, 28 August 2018).   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant in the proceedings under article 20.3.1 of the CAO was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   43423/22* 12/08/2022 Konstantin Olegovich VASILYEV 1987 Natalya Andreyevna Baranova Moscow (i) Moscow, 05/04/2022, Anti-war protest       (ii) Moscow, 05/04/2022, Anti-war protest article 19.3 § 1 of CAO, administrative detention of 15   days,     (ii) Article 19.3. § 1 of CAO, administrative detention of 15   days (i) 12/04/2022, Moscow City Court         (ii) 07/05/2022, Moscow City Court   Art. 5 (1) - unlawful detention – (i) arrest, escorting to and detention at the police station on 05/04/2022 for compiling an offence record; and (ii) arrest, escorting to and detention at the police station between 01/05/2022 and 02/05/2022 as administrative suspect, pending trial and after the record of administrative offence was compiled,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of proceedings (concerning the events of 05/04/2022 and 01/05/2022),   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 both sets of proceedings (concerning the events of 05/04/2022 and 01/05/2022);   Prot. 7 Art. 2 - Right of appeal against criminal conviction/sentence - 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, in both sets of proceedings (concerning the events of 05/04/2022 and 01/05/2022)   46044/22 15/09/2022 Vasiliy Pavlovich SHTEFAN 1989 Varvara Dmitriyevna Mikhaylova St Petersburg Kazan, 27/02/2022, Anti-war protest article 20.2 § 5 of CAO, administrative fine of RUB   10,000 08/06/2022, Supreme Court of the Tatarstan Republic   Art. 5 (1) - unlawful detention - escorting to and detention at the police station on 27/02/2022 for compiling the offence record,   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. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 issue (see, mutatis mutandis, the above-cited Tsukanov and Torchinskiy [Committee], and Muchnik and Mordovin [Committee],) -arrest, conviction under article 20.2 §   5 of CAO, administrative fine of RUB 10,000 on account of participation in an anti-war rally in Kazan on 27/02/2022, final judgment of 08/06/2022 by the Supreme Court of the Tatarstan Republic