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 } .s5218E8B1 { height:43.3pt } .s32126D70 { height:47.75pt } Published on 5 February 2024   FIFTH SECTION Application no.   21113/21 Yelena Nikolayevna LEKIASHVILLI 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     21113/21* 06/04/2021 Yelena Nikolayevna LEKIASHVILLI 1979   Aleksandr Yevgenyevich Pomazuyev Vilnius Manifestation in support of A.   Navalnyy   Yaroslavl   23/01/2021 article 20.2 § 2 of CAO detention for 10   days Yaroslavl Regional Court 28/01/2021 Art. 5 (1) - unlawful deprivation of liberty - escorting to and detention at the police station after compiling an offence report between 7 p.m. on 23/01/2021 and 11 a.m. on 25/01/2021     42307/21* 04/08/2021 Yegor Timofeyevich NECHAYEV 2001     Memorial Human Rights Centre Moscow Anti-war rally   St Petersburg   27/02/2022 article 20.2.2. §   1 of CAO detention for 3   days St Petersburg City Court 12/04/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report between 10.50 p.m. on 27/02/2022 and 4.00 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 the trial the police officers on whose written statements the applicant’s conviction was based     53975/21* 17/10/2021 Maksim Vyacheslavovich SAMOYLOV 1997     Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   St Petersburg   31/01/2021 article 20.2 § 2 of CAO fine of RUB   10,000 St Petersburg City Court 20/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report between 3.10 p.m. on 31/01/2021 and 1.00 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 the trial the police officers on whose written statements the applicant’s conviction was based     59266/21* 12/11/2021 Aliya Ramilevna ILYASOVA 1991   Varvara Dmitriyevna Mikhaylova St Petersburg Rally in support of A. Navalnyy   St Petersburg   23/01/2021 St Petersburg Government Decree of 13/03/2020 related to anti-COVID-19 measures fine of RUB   4,000 Kuybyshevskiy District Court of St   Petersburg 13/05/2021 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;   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 in the second set of proceedings (St   Petersburg Government Decree of 13/03/2020 related to anti-COVID-19 measures) with substantially the same facts underlying her conviction in the first set of proceedings (Art. 20.2 §   6.1 of CAO)     2069/22* 15/12/2021 Stanislav Yuryevich YAVORSKIY 1972     Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   St Petersburg   31/01/2021 article 20.2.2 § 1 of CAO fine of RUB   10,000 St Petersburg City 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     4500/22* 24/12/2021 Sergey Savelyevich FEDEYEV 1972     Memorial Human Rights Centre Moscow Rally " Free Navalnyy"   St Petersburg   31/01/2021 article 20.2.2 §   1 of CAO fine of RUB   10,000 St Petersburg City Court 29/06/2021       6203/22 30/12/2021 Aleksandr Vitalyevich BLINOV 1974   Yekaterina Leonidovna Sutormina St Petersburg Rally "Free Navalnyy"   St Petersburg   31/01/2021 article 20.2 § 2 of CAO fine of RUB   10,000 St Petersburg City Court 02/09/2021 Art. 5 (1) - unlawful deprivation of liberty- escorting to and detention at the police station after compiling an offence report from 1.28 p.m. on 31/01/2021 until 7 p.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     7515/22 27/01/2022 Anita Aleksandrovna FRANTSKEVICH 2000       Rally "Free Navalnyy"   Voronezh   21/04/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Voronezh Regional Court 27/07/2021 Art. 5 (1) - unlawful deprivation of liberty - escorting to and detention at the police station for compiling an offence report from 7.35 p.m. until 11.40 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     8265/22 02/02/2022 Yuliya Yevgenyevna CHAPURINA 1991   Aleksey Mikhaylovich Kuroptev Balashikha Rally "Free Navalnyy"   Arkhangelsk   21/04/2021 article 20.2 § 5 of CAO fine of RUB   11,000 Arkhangelsk Regional Court 03/08/2021 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).   12281/22* 24/02/2022 Ramunas Gintaro RIMIDIS 1991   Konstantin Aleksandrovich Maltsev Moscow Rally "Free Navalnyy"   St Petersburg   31/01/2021 article 20.2.2. §   1 of CAO fine of RUB   10,000 St Petersburg City Court 31/08/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report between 12.40 p.m. on 31/01/2021 and 3.00 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   39911/22 19/07/2022 Nikolay Yuryevich RABOVSKIY 1997   Luiza Magomedovna Magomedova St Petersburg Anti-war protest (against war in Ukraine)   St Petersburg   24/02/2022 article 20.2.2. §   1 of CAO fine of RUB   10,000 St Petersburg City Court 19/04/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report between 8.40 p.m. on 24/02/2022 and 2.39 a.m. on 25/02/2022,   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 the trial the police officers on whose written statements the applicant’s conviction was based.   39914/22 29/07/2022 Darya Vladimirovna ULBASHEVA 2002   Luiza Magomedovna Magomedova St Petersburg Anti-war protest (against war in Ukraine)   St Petersburg   24/02/2022 article 20.2.2 §   1 of CAO fine of RUB   10,000 St Petersburg City Court 19/04/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report between 8 p.m. on 24/02/2022 and 2.08 a.m. on 25/02/2022,   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 the trial the police officers on whose written statements the applicant’s conviction was based   39977/22 05/08/2022 Artem Andreyevich UGRYUMOV 2000   Yana Andreyevna Nepovinnova St Petersburg Anti-war manifestation   St Petersburg   26/02/2022 article 20.2.2 §   1 of CAO fine of RUB   10,000 St Petersburg 21/04/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report between 8.50 p.m. on 26/02/2022 and 2.29 a.m. on 27/02/2022,   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 the trial the police officers on whose written statements the applicant’s conviction was based   40528/22 08/08/2022 Marat Faizovich NUREYEV 1991   Yana Andreyevna Nepovinnova St Petersburg Anti-war protest (war against Ukraine)   St Petersburg   26/02/2022 article 20.2.2 §   1 of CAO detention for 8 days St Petersburg City Court 21/04/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report between 8.50 p.m. on 26/02/2022 and 4.20 a.m. on 27/02/2022,   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 the trial the police officers on whose written statements the applicant’s conviction was based.     40705/22 10/08/2022 German Aleksandrovich VERSILOV 1993   Yana Andreyevna Nepovinnova St Petersburg Anti-war protest (against the war in Ukraine)   St Petersburg   28/02/2022 article 20.2.2 §   1 of CAO fine of RUB   10,000 St Petersburg City Court 24/05/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report between 11.15 p.m. on 28/02/2022 and 4.20 a.m. on 01/03/2022,   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 the trial the police officers on whose written statements the applicant’s conviction was based.   41668/22 09/08/2022 Yekaterina Sergeyevna BROSALINA 1996   Luiza Magomedovna Magomedova St Petersburg Anti-war protest (against war in Ukraine)   St Petersburg   06/03/2022 article 20.2 §   6.1 of CAO detention for 10 days St Petersburg City Court 14/04/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report between 6 p.m. on 06/03/2022 and 4.34 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 the trial the police officers on whose written statements the applicant’s 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.   41674/22 09/08/2022 Mariya Igorevna ASTASHINA 1991   Luiza Magomedovna Magomedova St Petersburg Anti-war protest (against war in Ukraine)   St Petersburg   06/03/2022 article 20.2 §   6.1 of CAO detention for 1 day St Petersburg City Court 12/05/2022 Art. 5 (1) - unlawful deprivation of liberty- escorting to and detention at the police station after compiling an offence report between 7 p.m. and 11.30 p.m. on 06/03/2022,   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 the trial the police officers on whose written statements the applicant’s conviction was based.   41677/22* 09/08/2022 Anton Aleksandrovich FEDOROV 2000   Luiza Magomedovna Magomedova St Petersburg Anti-war protest (against war in Ukraine)   St Petersburg   27/02/2022 article 20.2 § 5 of CAO fine of RUB   10,000 St Petersburg City Court 19/04/2022 Art. 5 (1) - unlawful deprivation of liberty- escorting to and detention at the police station after compiling an offence report between 00.06 a.m. and 7.46 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