CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 11 janvier 2024
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- ECLI:CEDH:001-230618
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- 11 janvier 2024
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- 11 janvier 2024
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.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 } .s5438CFFD { height:111.55pt } .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 } .sEB3964EC { height:76.1pt } .sC34EF512 { height:135.45pt } .s13F94BDE { font-family:Arial; letter-spacing:-0.1pt } .s9A96B011 { height:168.25pt } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } Published on 5 February 2024   FIFTH SECTION Application no.   53194/16 Yelena Georgiyevna ZAKHAROVA against Russia and 36 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 offence Penalty Final domestic decision Court Name Date Other complaints under well-established case-law     53194/16* 03/09/2016 Yelena Georgiyevna ZAKHAROVA 1949   Nikolay Sergeyevich Zboroshenko Mytishchi Rally to support Nadezhda Savchenko   Moscow   08/03/2016 article 20.2 § 5 of CAO,   article   19.3 § 1 of CAO fine of RUB   20,000,     fine of RUB   1,000 Moscow City Court 06/07/2016 (both sets of proceedings) Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 08/03/2016,   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 conviction was based – both sets of the proceedings,   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 (Art.   19.3 § 1 of CAO) with substantially the same facts underlying her conviction in the first set of proceedings (Art. 20.2 § 5 of CAO).     73386/17* 05/10/2017 Andrey Andreyevich FEDOROV 1988   Aleksey Vladimirovich Glukhov Novocheboksarsk Opposition rally   Cheboksary   05/05/2018 article 20.2 § 5 of CAO 20 hours of community work Supreme Court of the Chuvashia Republic 07/06/2018 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in relation to the proceedings in which the final decisions were taken on 13/04/2017 and 07/06/2018,   Art. 10 (1) - various restrictions on the right to freedom of expression - the applicant together with three other persons was convicted under Article 20.2 § 2 of the CAO for having publicly displayed a banner "You will not kill everyone, you will not imprison everyone" accompanied by lighting flares at the bridge in Cheboksary on 25/02/2017, fined RUB   10,000; final decision 13/04/2017 Supreme Court of the Chuvashia Republic,   Art. 10 (1) - disproportionate measures against solo demonstrators - solo demonstration on 20/08/2020 in Cheboksary, conviction under article 20.2 § 1 of CAO (staging a solo demonstration in breach of the regional ban on holding public events in view of COVID-19 restrictions), fine of RUB   10,000, final decision 15/10/2020 Supreme Court of the Chuvashia Republic.           14966/18 12/03/2018 Yekaterina Andreyevna OGNEVA 1995   Konstantin Ilyich Terekhov Moscow Protest against corruption   Petropavlovsk-Kamchatskiy   12/06/2017 article 20.2 § 2 of CAO fine of RUB   11,000 Kamchatka Regional Court 27/09/2017 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.     44809/18* 07/09/2018 Artem Igorevich GONCHARENKO 1995   Maksim Vladimirovich Olenichev St Petersburg Voters’ strike   St Petersburg   28/01/2018 article 20.2 § 8 of CAO detention for 25 days St Petersburg City Court 07/03/2018 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 2.20 p.m. on 25/02/2018 until 26/02/2018, when the applicant was taken to the court,   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 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.     54185/18 06/11/2018 Sergey Vladimirovich NOVIKOV 1984   Konstantin Mikhaylovich Zinovyev Nizhniy Novgorod Political rally     Nizhniy Novgorod   25/02/2018 Article 20.2 § 8 of CAO detention for 20 days Nizhniy Novgorod Regional Court 10/05/2018 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 conviction was based.     11976/19* 07/02/2019 Viktor Arkadyevich BALDIN 1961        Rally against retirement age hike   Yekaterinburg   09/09/2018   Rally "Free Navalnyy"   Yekaterinburg   31/01/2021   article 20.2 § 8 of CAO             article 20.2 § 5 of CAO detention for 25 days             30 hours of community work Sverdlovsk Regional Court 14/09/2018           Yekaterinburg Regional Court 30/06/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 05/04/2021 and 21/04/2021 for compiling an offence report,   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 conviction was based in the administrative-offence proceedings under Article 20.2 § 5 of CAO.         28837/19 20/05/2019 Gleb Vladimirovich KALINYCHEV 1983       Rally “Free Navalnyy”   Nizhniy Novgorod   31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Nizhniy Novgorod Regional Court 11/08/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.20 p.m. until 6.10 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 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 police officers on whose written statements the conviction was based in both sets of administrative-offence proceedings,   Art. 10 (1) - disproportionate measures against solo demonstrators - solo demonstration in support of Ukrainian political prisoners on 03/06/2018 in Nizhniy Novgorod, conviction under article 20.2 § 5 of CAO, 30 hours of community work, final decision 22/11/2018 Nizhniy Novgorod Regional Court.     65162/19* 29/11/2019 Nikolay Andreyevich KRETOV 1990   Irina Vadimovna Sergeyeva Moscow Political rally   Moscow   19/01/2019 article 19.3 § 1 of CAO fine of RUB   10,000 Moscow City Court 24/07/2019 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 4 p.m. on 19/01/2019 until 11.40 a.m. on 21/01/2019,   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 conviction was based.     7805/20* 01/02/2020 Yelena Leonidovna RUSAKOVA 1962    Aleksey Vladimirovich Rybin Moscow Rally to support I. Azar   Moscow   29/05/2020 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 04/09/2020 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 29/05/2020,   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 conviction was based,   Art. 11 (1) - restrictions on location, time or manner of conduct of public events - Moscow City Administration’s refusals to approve the locations and dates of several public events: (1) rally for fair elections on 31/08/2019 in the centre of Moscow, final decision was taken by the Second Cassation Court of General Jurisdiction on 04/12/2019; (2) rally to call for respect of citizen’s rights on 24/11/2019 in Sakharova prospect in Moscow, final decision was taken on 07/12/2020 by the Supreme Court of the Russian Federation; (3) rally to call for respect of citizen’s rights on 01/12/2019 in Bolotnaya Square, final decision was taken on 30/09/2020 by the Supreme Court of the Russian Federation; (4) protest against housing renovation program on 15/12/2019 near the Moscow City Administration, final decision was taken on 24/11/2020 by the Supreme Court of the Russian Federation; (5) rally for the preservation of the environment on 15/03/2020 in Komsomolskiy Prospekt in Moscow, final decision was taken on 15/03/2021 by the Supreme Court of the Russian Federation.   11552/20* 18/02/2020 Valeriya Ibragimovna DZBOYEVA 1998   Aleksandr Yevgenyevich Pomazuyev Vilnius Rally in support of independent candidates running for election to Mosgorduma   Rostov-on-Don   10/08/2019 article 20.1 § 2 of CAO detention for 2 days Rostov Regional Court 19/09/2019 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 10/08/2019,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   34359/21 03/06/2021 Sergey Nikolayevich KOVYAZIN 1972   Aleksey Vladimirovich Glukhov Novocheboksarsk Rally "Free Navalnyy"   Cheboksary   23/01/2021   Rally "Free Navalnyy"   Cheboksary   21/04/2021 article 20.2 § 5 of CAO           article 20.2 § 8 of CAO fine of RUB   10,000           40 hours of community work Supreme Court of the Chuvashia Republic 20/04/2021       Supreme Court of the Chuvashia Republic 26/08/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record on 23/01/2021 and on 21/04/2021,   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.   35749/21* 22/06/2021 Magomed Sultanovich ALAMOV 1977   Aleksandr Vasilyevich Savin Stavropol Rally "Free Navalnyy"   Pyatigorsk   31/01/2021 article 20.2.2 §   1 of CAO detention for 10 days Stavropol Regional Court 11/02/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 1.30 p.m. on 31/01/2021 until 01/02/2021, when the applicant was taken to the court,   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.   38644/21 15/07/2021 Vyacheslav Mikhaylovich RUDENKO 1972     Memorial Human Rights Centre Moscow Rally to support A.   Navalnyy   Moscow   25/07/2020 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 18/01/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.30 p.m. until 6.40 p.m. on 25/07/2020,   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) - unfair trial in administrative offence proceedings - various deficiencies of the administrative-offence proceedings: inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based and defence witnesses, inability to adduce exonerating evidence (photos and video recordings).   41090/21* 30/07/2021 Viktor Nikolayevich IOVENKO 1990     Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 §   6.1 of CAO detention for 12 days Moscow City Court 05/02/2021 Art. 3 - inadequate conditions of detention during transport - poor conditions of transfer in a police van on 02/02/2021 for 8 hours: 7   persons for 4 cells, less than 0.5   sq. m per person, the applicant had to sleep on the van floor,   Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 3 p.m. on 31/01/2021 until 8.40 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,   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.   42517/21* 05/08/2021 Maksim Aleksandrovich ZAKHAROV 1986     Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 §   6.1 of CAO detention for 10 days Moscow City Court 09/02/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 5.15 p.m. on 31/01/2021 until 12.45 p.m. on 02/02/2021,   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,   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.   42571/21* 12/08/2021 Mikhail Vyacheslavovich DOLIYEV 1976   Ivan Yuryevich Zhdanov Vilnius Rally "Free Navalnyy"   Astrakhan   23/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Astrakhan Regional Court 26/02/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report 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.   42994/21* 12/08/2021 Gleb Yevgenyevich MARYASOV 2000   Dmitriy Igorevich Zakhvatov Moscow Rally "free Navalnyy"   Moscow   23/01/2021 article 19.3 § 1 of CAO   article   20.2 § 8 of CAO detention for 15 days   detention for 30 days Moscow City Court 12/02/2021 (both sets of proceedings) Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 7.30 p.m. on 23/01/2021 until 25/01/2021, when the applicant was taken to court,   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.   44234/21 23/08/2021 Gerasim Dmitriyevich ARTEMYEV 1987   Tatyana Olegovna Galeyeva Krasnoyarsk Rally "Free Navalnyy"   Krasnoyarsk   31/01/2021 article 20.2 § 8 of CAO fine of RUB   150,000 Krasnoyarsk Regional Court 25/03/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 02/02/2021.   45300/21* 03/09/2016 Olga Mikhaylovna MAZUROVA 1960   Nikolay Sergeyevich Zboroshenko Mytishchi Rally to support Nadezhda Savchenko   Moscow   08/03/2016 article 20.2 § 5 of CAO,   article   19.3 § 1 of CAO fine of RUB   15,000,     fine of RUB   1,000   Moscow City Court 08/07/2016 (both sets of proceedings) Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 08/03/2016,   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. 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 (Art.   19.3 § 1 of CAO) with substantially the same facts underlying her conviction in the first set of proceedings (Art. 20.2 § 5 of CAO).   45302/21* 03/09/2016 Gersh Vadimovich CHERVINSKIY 1991   Nikolay Sergeyevich Zboroshenko Mytishchi Rally to support Nadezhda Savchenko   Moscow   08/03/2016 article 20.2 § 5 of CAO,   article   19.3 § 1 of CAO fine of RUB   10,000,     fine of RUB   500 Moscow City Court 08/07/2016 (both sets of proceedings) Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 08/03/2016,   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,   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 (Art.   19.3 § 1 of CAO) with substantially the same facts underlying his conviction in the first set of proceedings (Art. 20.2 § 5 of CAO).   45493/21* 12/08/2021 Irina Aleksandrovna PETROVA 1997   Regina Ilgizovna Shagiyeva Leninigorsk Rally "Free Navalnyy"   Naberezhnye Chelny   31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Supreme Court of the Tatarstan Republic 24/03/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 and 31/01/2021 for compiling an offence report,   Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 23/01/2021 in Naberezhnye Chelny, Article 20.2 § 2 of CAO, fine of RUB   25,000, final decision Supreme Court of the Tatarstan Republic 24/03/2021.   49360/21* 28/09/2021 Mikhail Aleksandrovich TOLSTOY 1999   Konstantin Aleksandrovich Markin Velikiy Novgorod Rally "Free Navalnyy"   Moscow   02/02/2021   Anti-war rally   Moscow   24/02/2022 article 20.2 §   6.1 of CAO           article 20.2 § 5 of CAO detention for 7 days           fine of RUB   10,000 Moscow City Court 30/03/2021           Moscow City Court 19/12/2022 Art. 5 (1) - unlawful detention – 1) escorting to and detention at the police station after compiling an offence report from 11.30 p.m. on 02/02/2021 until 5.20 p.m. on 03/02/2021; 2) escorting to the police station for compiling an offence report on 24/02/2022,   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 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 applicant’s conviction was based, in the proceedings under Article 20.2 §   6.1 of CAO,   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.   51751/21* 15/10/2021 Andrey Dmitriyevich GERASYUK 1987   Ivan Yuryevich Zhdanov Vilnius Rally "Free Navalnyy"   Stavropol   31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Stavropol Regional Court 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.   52305/21* 07/10/2021 Polina Sergeyevna KORZHANOVSKAYA 2002   Dmitriy Sergeyevich Dimitriyev Orenburg Rally “Free Navalnyy”   Orenburg   31/01/2021 article 19.3 § 1 of CAO,   article   20.2 § 5 of CAO fine of RUB   1,000,   fine of RUB   10,000 Orenburg Regional Court 12/04/2021   Orenburg Regional Court 07/04/2021   Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 12.55 p.m. on 31/01/2021 until 01/02/2021, when the applicant was taken to court,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 19.3 §   1 of 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 applicant’s conviction was based in the administrative-offence proceedings under Article 20.2 § 5 of CAO.   55414/21* 26/10/2021 Aleksandr Sergeyevich NIKOLAICHEV 1996   Darya Dmitriyevna Aksenova Kolomna Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 §   6.1 of CAO detention for 8 days Moscow City Court 11/05/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.40 p.m. on 31/01/2021 until 9 a.m. on 02/02/2021,   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 two police officers on whose written statements his conviction was based.   55981/21* 05/11/2021 Irina Mikhaylovna ROVENSKAYA 1983   Ivan Yuryevich Zhdanov Vilnius Rally “Free Navalnyy”   Kursk   23/01/2021 article 20.2 § 5 of CAO fine of RUB   5,000 Kursk Regional Court 14/05/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   58288/21* 27/11/2021 Danil Andreyevich GLUSHCHENKO 1998   Ivan Yuryevich Zhdanov Vilnius Rally “Free Navalnyy”   Krasnodar   21/04/2021   Anti-war protest   Krasnodar   06/03/2022 article 20.2 § 5 of CAO           article 20.2 § 8 of CAO fine of RUB   15,000           detention for 15 days Krasnodar Regional Court 28/06/2021         Krasnodar Regional Court 30/03/2022 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 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 administrative-offence proceedings under Article   20.2 § 5 of CAO,   Art. 10 (1) - various restrictions on the right to freedom of expression - on 16/03/2022 the applicant was found guilty of participating in the protest against war in Ukraine on 06/03/2022 in Krasnodar under Art. 20.3.3 § 1 of the CAO (Discredit war), fined RUB   30,000, final decision 27/04/2022 Krasnodar Regional Court,   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 of CAO was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   59799/21 01/12/2021 Anton Aleksandrovich MAKAROV 1980     Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Krasnoyarsk   31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Krasnoyarsk Regional Court 17/06/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report,   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 conviction was based.   59875/21* 29/11/2021 Yelizaveta Sergeyevna SAMOYLOVA 1993     Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow   31/01/2021   Anti-war protest   Moscow   24/02/2022 article 20.2 § 5 of CAO           article 20.2 § 8 of CAO fine of RUB   10,000           fine of RUB   200,000 Moscow City Court 25/06/2021           Moscow City Court 31/10/2022 Art. 5 (1) - unlawful detention – 1) escorting to the police station for compiling an offence report on 31/01/2021; 2) escorting to and detention at the police station after compiling an offence report from 11.05 p.m. on 24/02/2022 until 11.55 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 under Article 20.2 §   5 of CAO (final decision of 25/06/2012),   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 Article 20.2 § 5 of CAO (final decision of 25/06/2012).   2411/22 06/12/2021 Sofya Sergeyevna YEFREMOVA 2000   Aleksey Vladimirovich Glukhov Novocheboksarsk Rally “Free Navalnyy”   Cheboksary   21/04/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Supreme Court of the Chuvashia Republic 01/07/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report 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,   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.   3953/22* 30/12/2021 Roman Yevgenyevich KACHANOV 1982       Rally "Free Navalnyy"   Yekaterinburg   31/01/2021 article 20.2 § 5 of CAO 30 hours of community work Sverdlovsk Regional Court 07/07/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   35426/22 11/07/2022 Margarita Valeryevna MIROSHNICHENKO 1995   Anna Yevgenyevna Bochilo Barnaul Rally against the closure of independent media outlets   Stavropol   06/03/2022 article 20.2 § 5 of CAO fine of RUB   15,000 Stavropol Regional Court 18/05/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.10 p.m. until 7.45 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.   47784/22 23/09/2022 Olga Ivanovna ALASHEYEVA 1959   Aleksey Sergeyevich Lapuzin Samara Anti-war protest   Samara   06/03/2022 article 20.2 § 5 of CAO fine of RUB   10,000 Samara Regional Court 26/05/2022 Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report,   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. 10 (1) - various restrictions on the right to freedom of expression - on 29/03/2022 the applicant was found guilty of participating in the protest against war in Ukraine and shouting slogans "no to war" on 06/03/2022 in Samara under Art.   20.3.3 § 1 of the CAO (Discredit war), fined RUB   30,000, final decision 26/07/2022 Samara Regional Court,   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 (Art.   20.3.3 § 1 of CAO) with substantially the same facts underlying her conviction in the first set of proceedings (Art. 20.2 § 5 of CAO).   12161/23* 07/03/2023 Yekaterina Aleksandrovna AVGUSTENYAK 1984       Anti-war protest   Moscow   27/02/2022 article 20.2 § 5 of CAO fine of RUB   20,000 Moscow City Court 09/11/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 5.05 p.m. on 27/02/2022 until 11.40 p.m. on 27/02/2022,   12466/23* 02/03/2023 Anna Pavlovna KHARITONOVA 1997       Anti-war protest   Moscow   06/03/2022   article 20.2 § 5 of CAO fine of RUB   20,000 Moscow City Court 03/11/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.15 p.m. on 06/03/2022 until 12.30 a.m. on 07/03/2022.   21144/23* 13/05/2023 Nikolay Sergeyevich KAMYSHEV 1995       Anti-war protest   Moscow   06/03/2022 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 01/03/2023 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 6 p.m. until 10.20 p.m. on 06/03/2022       33679/23* 19/08/2023 Alina Vladimirovna KHVOROSTOVA 1995   Olesya Vasilchenko St Petersburg Anti-war protest   St Petersburg   06/03/2022 article 20.2 § 5 of CAO fine of RUB   10,000 St Petersburg City Court 19/04/2023 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 5.23 p.m. on 06/03/2022 until 4.50 p.m. on 07/03/2022.  Citations
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Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;COMMUNICATEDCASES;ENG
- Date
- 11 janvier 2024
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:001-230618
Données disponibles
- Texte intégral
- Résumé officiel