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 } .s598389F8 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:11pt } .sB853CD26 { font-family:Arial; font-size:8pt } .s4DED3943 { margin-top:12pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-size:1pt } Published on 5 February 2024   FIFTH SECTION Application no.   83641/17 Elvira Rashitovna DMITRIYEVA against Russia and 14 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     83641/17* 26/11/2017 Elvira Rashitovna DMITRIYEVA 1979 Deceased in 2019   Heir: A.V. DMITRIYEV   Igor Nikolayevich Sholokhov Kazan Rally against the retirement age hike   Kazan   09/09/2018 article 20.2 § 2 of CAO detention for 7 days Supreme Court of the Tatarstan Republic 14/09/2018 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report (1) from 11.30 a.m. until 2.30 p.m. on 23/08/2017, and (2) from 10.50 a.m. until 6.30 p.m. on 10/09/2018;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of administrative offence proceedings under Articles 20.2 § 2 and 20.2 § 8 of CAO (final decisions taken on 07/09/2017, 14/09/2018 and 28/11/2018 respectively);   Art. 10 (1) - conviction for making calls to participate in public events - (1) political rally accompanied by distribution of leaflets issued by the Navalnyy Headquarters on 09/08/2017 in Kazan, Article 20.2 § 8 of CAO, detention for 10 days, final decision Supreme Court of the Tatarstan Republic 07/09/2017; (2) rally against retirement age hike on 09/09/2018 in Kazan, Article 20.2 § 8 of CAO, fine of RUB 75,000, final decision Supreme Court of the Tatarstan Republic 28/11/2018;   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 (in relation to the administrative-offence proceedings which ended with the final decisions taken by the Supreme Court of the Tatarstan Republic on 07/09/2017 and 14/09/2018 respectively).     22034/18 16/04/2018 Vladimir Nikolayevich KRAVTSOV 1966   Konstantin Mikhaylovich Zinovyev Nizhniy Novgorod Rally to support A. Navalnyy   Nizhniy Novgorod   29/09/2017 article 20.2 § 8 of CAO detention for 20 days Nizhniy Novgorod Regional Court 17/10/2017 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.     38547/18* 31/07/2018 Kira Aleksandrovna YARMYSH 1989   Ivan Yuryevich Zhdanov Vilnius Political rally   Moscow   05/05/2018 article 20.2 § 8 of CAO detention for 25 days Moscow City Court 31/05/2018 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report (1) from 4.50 p.m. on 30/01/2018 until later on the same day, when the applicant was taken to the court; (2) from 11 p.m. on 21/01/2021 until 22/01/2021, when the applicant was taken to the court; and (3) from 10.39 a.m. until the court hearing on 21/04/2021;   Art. 5 (3) - lack of relevant and sufficient reasons for pre-trial detention - house arrest from 01/02/2021 until 16/08/2021, Basmannyy District Court of Moscow, specific defects: collective detention orders; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or     Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 8 of the CAO and in all three sets of proceedings under Article 20.2 § 2 of CAO (final decisions taken on 02/02/2018, 22/03/2021, and 15/07/2021 respectively);     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 the proceedings under Art. 20.2 §   8 and in all three sets of proceedings under Article 20.2 § 2 of CAO);   Art. 10 (1) - conviction for making calls to participate in public events - (1) call to participate in the Voters’ strike on 28/01/2018 in Moscow, Article 20.2 § 2 of CAO, detention for 5 days, final decision Moscow City Court on 02/02/2018; (2) rally “Free Navalnyy” on 23/01/2021 in Moscow, Article 20.2 §   2 of CAO, detention for 9 days, final decision by the Moscow City Court on 22/03/2021; (3) rally “Free Navalnyy” on 21/04/2021 in Moscow, Article 20.2 §   2 of CAO, detention for 10 days, final decision by the Moscow City Court on 15/07/2021.     11949/19* 23/01/2019 Ivan Dmitriyevich GUBANOV 1998   Aleksandr Dmitriyevich Peredruk St Petersburg Rally against retirement age hike   St Petersburg   09/09/2018 article 20.2 § 6.1 of CAO fine of RUB 10,000 St Petersburg City Court 08/11/2018 Art. 3 - inadequate conditions of detention during transport - poor conditions of transfer in a police van on 09/09/2018-10/09/2018 for 9   hours: no access to toilet during transfer and no meals/beverages provided;   Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 5.15 p.m. on 09/09/2018 until 3 p.m. on 11/09/2018;     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.     11956/19 23/01/2019 Andrey Vasilyevich ALYUSHENKO 1998   Aleksandr Dmitriyevich Peredruk St Petersburg Rally against retirement age hike   St Petersburg   09/09/2018 article 20.2 § 6.1 of CAO fine of RUB 10,000 St Petersburg City Court 08/11/2018 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 4 p.m. on 09/09/2018 until 3 p.m. on 11/09/2018;   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.     21357/20* 28/04/2020 Andrey Sergeyevich RUBAN 1985   Yevgeniy Vladislavovich Sokolov Belgorod Rally to call for fair elections to Mosgorduma   Belgorod   17/08/2019   Rally "Free Navalnyy"   Belgorod   23/01/2021 article 20.2 § 2 of CAO               article 20.2 § 5 of CAO 20 hours of community work             fine of RUB 10,000 Belgorod Regional Court 02/03/2020           Belgorod Regional Court 12/04/2021 Art. 11 (1) - restrictions on location, time or manner of conduct of public events - refusal to approve a political rally planned on 05/11/2019 in Belgorod, proposal to change a location (final decision on 06/04/2020, Supreme Court of the Russian Federation);   Art. 13 - lack of any effective remedy in domestic law - in relation to the complaint under Article 11 about restrictions on date and place of the public event.         33549/21* 09/06/2021 Raushan Faizovich VALIULLIN 1984   Aleksandr Dmitriyevich Peredruk St Petersburg Rally "Free Navalnyy"   Naberezhnye Chelny   23/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Supreme Court of the Tatarstan Republic 24/02/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 23/01/2021;   Art. 8 (1) - unlawful search - search of the applicant’s apartment on 29/03/2022; search warrant issued by the Naberezhnye Chelny Town Court of the Tatarstan Republic (upheld on appeal on 31/05/2022, Supreme Court of the Tatarstan Republic). Specific defects: no adequate and sufficient safeguards against abuse: broad terms/wide content and scope of the search warrant (objects and documents not specific enough to restrict police’s discretion); particular circumstances: possible repercussions; no relevant or sufficient reasons to justify the search: no evidence supporting the search authorisation; no relevant or sufficient reasons to justify the search: no reasonable suspicion as the basis for the search authorisation;     Art. 11 (1) - restrictions on location, time or manner of conduct of public events - town hall’s refusal to approve the location of two political rallies on 02/06/2019 and 09/06/2019 (final decision for both events taken on 19/02/2021 by the Supreme Court of the Russian Federation).       44135/21* 30/08/2021 Roksana Filippovna GALIAKBEROVA 1993   Anna Yevgenyevna Bochilo Barnaul Rally “Free Navalnyy”   Kazan   21/04/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Supreme Court of the Tatarstan Republic 26/05/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report (1) from 7.30 p.m. on 21/04/2021 until 5.15 p.m. on 22/04/2021, and (2) from 10.10 p.m. on 17/09/2021 until 2.45 p.m. on 18/09/2021;     Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence under Article 20.1 § 1 of the CAO (final decision Supreme Court of the Tatarstan Republic 20/10/2021); 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 the trial in the proceedings under Article 20.2 § 5 of the CAO the police officers on whose written statements the applicant’s conviction was based.     44191/21* 30/08/2021 Anastasiya Vladimirovna NEKHAYEVA 1976       Rally "Free Navalnyy"   Kaliningrad   31/01/2021   Rally "Free Navalnyy"   Kaliningrad   23/01/2021   Anti-war protest   Kaliningrad   24/02/2022 article 20.2 § 5 of CAO           article 20.2 § 5 of CAO           article 20.2 § 8 of CAO fine of RUB 20,000         fine of RUB 10,000         detention for 25 days Kaliningrad Regional Court 23/03/2021       Kaliningrad Regional Court 15/06/2021       Kaliningrad Regional Court 08/04/2022 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings (final decisions taken on 16/03/2021, 30/04/2021 and 25/05/2021 respectively);     Art. 5 (1) - unlawful detention –   (1) escorting to the police station for compiling an offence report from 12.30 p.m. until 4.30 p.m. on 31/01/2021; (2) escorting to and detention at the police station after compiling an offence report from 6.45 p.m. on 21/04/2021 until 3.01 on 22/04/2021, and (3) from 6.20 p.m. on 24/02/2022 until 10 a.m. on 26/02/2022;     Art. 10 (1) - conviction for making calls to participate in public events - rally to support A.   Navalnyy on 21/04/2021 in Kaliningrad, Article 20.2 § 8 of CAO, detention for 20 days, final decision Kaliningrad Regional Court 30/04/2021;   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 the trial the police officers on whose written statements the conviction was based: (1) fine of RUB 15,000; 16/03/2021, Kaliningrad Regional Court; (2) fine of RUB 20,000; 23/03/2021 Kaliningrad Regional Court; (3) detention for 20 days; 30/04/2021, Kaliningrad Regional Court; (4) fine of RUB 10,000; 25/05/2021, Kaliningrad Regional Court; (5) detention for 25 days, 08/04/2022, Kaliningrad Regional Court;   Art. 10 (1) - disproportionate measures against solo demonstrators - (1) solo demonstration in support of A. Navalnyy on 21/08/2020 in Kaliningrad, conviction under article 20.2 § 5 of CAO (rotation, 5 participants), fine of RUB 15,000, final decision 16/03/2021, Kaliningrad Regional Court; (2) solo demonstration against criminal prosecution of S. Furgal on 15/08/2020 in Kaliningrad, conviction under article 20.2 § 5 of CAO (30 people, less than 50 meters distance), fine of RUB 10,000, final decision 25/05/2021, Kaliningrad Regional Court;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 26/02/2022 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   44709/21 12/08/2021 Maksim Andreyevich SUPRUN 1990   Aleksey Vladimirovich Glukhov Novocheboksarsk Rally “Free Navalnyy”   Cheboksary   23/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Supreme Court of the Chuvashia Republic 05/05/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 5 of the CAO and both sets of proceedings under Article 20.3.3 § 1 of the CAO;   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 conviction was based in the proceedings under Article 20.2 § 5 of the CAO;     Art. 10 (1) - various restrictions on the right to freedom of expression – (1) on 10/06/2022 the applicant was found guilty of reposting a video in Telegram about army supply problems under Art. 20.3.3 § 1 of the CAO (Discredit war), fined RUB 35,000, final decision 23/08/2022 Supreme Court of the Chuvashia Republic; (2) on 23/06/2022 the applicant was found guilty of posting a video alleging looting by the Russian armed forces in Ukraine under Art. 20.3.3 §   1 of the CAO (Discredit war), fined RUB 30,000, final decision 27/07/2022 Supreme Court of the Chuvashia Republic.   45579/21* 01/09/2021 Aleksey Arkadyevich LUKYANOV 1987   Ivan Yuryevich Zhdanov Vilnius Rally "Free Navalnyy"   Saransk   31/01/2021 article 20.2 § 6.1 of CAO   fine of RUB 10,000 Supreme Court of the Mordovia Republic 15/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 13.20 p.m. on 31/01/2021 until 10.15 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 under Article 20.2 § 6.1 of the CAO (final decisions taken by the Supreme Court of the Mordovia Republic on 15/03/2021 and 22/03/2021 respectively).   47046/21 04/09/2021 Arseniy Sergeyevich NECHAYEV 1998   Anna Yevgenyevna Bochilo Barnaul Rally "Free Navalnyy"   Moscow   23/01/2021   Anti-war protest   Moscow   06/03/2022 article 20.2 § 5 of CAO           article 20.2 § 8 of CAO fine of RUB 10,000         detention for 5 days Moscow City Court 07/06/2021         Moscow City Court 24/07/2022 Art. 5 (1) - unlawful detention –   (1) escorting to the police station for compiling an offence report on 23/01/2021, and (2) escorting to and detention at the police station after compiling an offence report from 5.50 p.m. on 06/03/2022 until 12.50 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 both sets of 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 in both sets of administrative-offence 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.   374/22* 01/12/2021 Artur Ildarovich GIMATDINOV 1986   Danil Ilnurovich Nurgaleyev Kazan Anti-war protest   Kazan 06/03/2022 article 20.2 § 8 of CAO detention for 10 days Supreme Court of the Tatarstan Republic 10/03/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report (1) from 6.37 p.m. on 21/04/2021 until 3 p.m. on 22/04/2021, and (2) from 4.45 p.m. on 06/03/2022 until the court hearing on 08/03/2022;     Art. 10 (1) - various restrictions on the right to freedom of expression – (1) on 09/03/2022 the applicant was found guilty of shouting a slogan "No to war with Ukrainian people!" during the anti-war protest on 06/03/2022 under Art. 20.3.3 § 1 of the CAO (Discredit war), fined RUB 30,000, final decision 18/05/2022 Supreme Court of the Tatarstan Republic; (2) conviction for making calls to participate in public events - rally “Free Navalnyy” on 21/04/2021 in Kazan, conviction under Article 20.2 § 2 of CAO, detention for 8 days, final decision Supreme Court of the Tatarstan Republic 02/06/2021;   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 20.2 § 8 and Article 20.2 § 2 of the CAO was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   13184/22* 14/02/2022 Anton Viktorovich TIMOFEYEV 1978   Ivan Yuryevich Zhdanov Vilnius Rally "Free Navalnyy"   Tomsk   31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Tomsk Regional Court 20/08/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   36858/23* 11/09/2023 Dmitriy Nikolayevich LEN 1961       Rally in support of free media   Moscow   29/08/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 01/06/2023