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   SECOND SECTION Application no.   26521/19 Aleksandr Anatolyevich ZHOLOBOV against Russia and 11 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     26521/19* 25/04/2019 Aleksandr Anatolyevich ZHOLOBOV 1972 Aleksey Nikolayevich Laptev Moscow Rally against the pension reform   Perm   09/09/2018     Anti-war rally   Perm   24/02/2022 article 20.2 § 5 of CAO               article 20.2 § 5 of CAO community work of 30   hours             fine of RUB   10,000 Perm Regional Court 25/10/2018           Perm Regional Court 24/05/2022 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 24/02/2022 for the sole purpose of drawing up 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 - 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 - first set of proceedings     40597/20* 26/08/2020 Aglaya Aleksandrovna SHATOVA 2001 Dmitriy Igorevich Zakhvatov Moscow Rally in support of LGBT people   Moscow   11/10/2019     Rally in support of A.   Navalnyy   Moscow   02/02/2021 article 20.2 § 5 of CAO               article 20.2 § 8 of CAO fine of RUB   10,000               administrative detention of 7   days Moscow City Court 10/02/2020             Moscow City Court 09/06/2021 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention (i) on 11/10/2019 for the sole purpose of drawing a record of administrative offence; and (ii) between 00.10 a.m. on 03/02/2021 and 8.40 a.m. on 04/02/2021 as administrative suspect, pending trial and after the offence record 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 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 open court the police officers on whose written statement the applicant’s conviction was based (second set of proceedings),   Art. 10 (1) - disproportionate measures against solo demonstrators - alternatively to Article 11 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], §§ 47-52, nos. 23814/15 and 2707/16, 12 February 2019) - arrest, conviction for participation in solo demonstrations held on a rotation basis on 11/10/2019, no less than 10 participants - article 20.2 § 5 of CAO, administrative fine of RUB 10,000, final judgment of 10/02/2020 by the Moscow City Court     31166/21* 17/05/2021 Yevgeniya Viktorovna FEDULOVA 1975   Memorial Human Rights Centre Moscow Event in support of detainees in BARS case   Kaliningrad   15/08/2020     Rally in support of A.   Navalnyy   Kaliningrad   23/01/2021 article 20.2 § 5 of CAO                 article 20.2 § 8 of CAO community works of 20   hours               administrative detention of 7   days Kaliningrad Regional Court 26/11/2020             Kaliningrad Regional Court 04/02/2021 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 27/01/2021 for compiling an offence record in respect of the rally of 23/01/2021 and pending trial held on the same date,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - all 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, final judgment of 14/01/2021,   Art. 10 (1) - disproportionate measures against solo demonstrators - Kaliningrad, 22/08/2020, solo demonstration in support of A.   Navalnyy - conviction under article 20.2   §   5 of CAO, community works of 20 hours, final judgment of 14/01/2021 by the 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 27/01/2021 in the third set of proceedings was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO     33303/21* 13/06/2021 Tatyana Viktorovna DEYNEKO 1957 Dmitriy Vladimirovich Zubarev Vladivostok Rally in support of Khabarovsk protesters   Vladivostok   18/07/2020     Rally in support of Khabarovsk protesters   Vladivostok   08/08/2020     Rally in support of S.   Furgal and Belarus protesters   Vladivostok   15/08/2020 article 20.2 § 5 of CAO                 article 20.2 § 5 of CAO                 article 20.2 § 5 of CAO fine of RUB   10,000                 fine of RUB   10,000                 fine of RUB   10,000 Primorye Regional Court 17/05/2021             Primorye Regional Court 11/05/2021             Primorye Regional Court 11/05/2021 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 15/08/2020, after the demonstration held on the same date, for the purpose of drawing up an offence records in respect of the events of 18/07/2020, 08/08/2020 and 15/08/2020,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of the administrative-offence proceedings on appeal     36238/21* 02/07/2021 Nikolay Nikolayevich GALCHUK 1995 Nikolay Sergeyevich Zboroshenko Mytishchi Rally in support of A.   Navalnyy   Moscow   23/01/2021 article 19.3 § 1 of CAO   and   article 20.2 § 6.1 of CAO administrative detention of 10 days   and   administrative detention of 10 days Moscow City Court 10/02/2021   and   Moscow City Court 10/02/2021 Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention between 23/01/2021 and 25/01/2021 as administrative suspect,   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 applicant’s conviction was based (both sets of proceedings),   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - conviction under Article 19.3 § 1 of CAO and Article 20.2 § 6.1 of CAO in connection with participation in the same public event; overlap of the facts constituting the basis for the applicant’s prosecution in the second set of proceedings with substantially the same facts underlying his conviction in the first set of proceedings     40466/21* 27/07/2021 Lyudmila Petrovna SHTEYN 1996   Mansur Idrisovich Gilmanov Podolsk Event for LGBT rights   Moscow   07/10/2020 article 20.2 § 5 of CAO fine of RUB   20,000 Moscow City Court 18/03/2021 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention: (i) between 6 p.m. and 8.40 p.m. on 13/10/2020, for the sole purpose of drawing up an offence record in respect of the event of 07/10/2020; (ii) between 23/01/2021 and 24/01/2021 as administrative suspect, pending trial, after the offence record in respect of the calls to participate in a rally had been compiled; (iii) between 22/06/2021 and 23/06/2021 as administrative suspect, pending trial, after the offence record under article 19.3 of CAO had been compiled; (iv) between 16/12/2021 and 17/12/2021 as administrative suspect, pending trial, after the offence record under article 20.3 § 1 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 - four sets of administrative proceedings, final judgments of: (i) 18/03/2021 Moscow City Court, fine of RUB   20,000; (ii) 27/01/2021, Moscow City Court, administrative detention of 10 days; (iii) 28/06/2021, Moscow City Court, administrative detention of 15 days; (iv) 21/12/2021, Moscow City Court, administrative detention of 14 days,   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 made - three sets of administrative proceedings (final judgments by the Moscow City Court: 18/03/2021; 27/01/2021; 28/06/2021),   Art. 10 (1) - conviction for making calls to participate in public events - arrest, conviction under Article 20.2 § 2 of the CAO, administrative detention of 10 days for publishing in Instagram calls to participate in a rally in support of A.   Navalnyy on 23/03/2021, final judgment of 27/01/2021 by the Moscow City Court,   Art. 10 (1) - various restrictions on the right to freedom of expression - arrest, conviction under article 20.3 § 1 of CAO, administrative detention of 14 days for displaying Nazi symbols on account of her having published in 2018 to her Facebook page a photoshopped image (apparently, a screenshot from a third person’s YouTube page) depicting the applicant wearing a Nazi officer’s cap; final judgment: 21/12/2021, Moscow City Court.,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentences of administrative detention imposed on the applicant (i) on 24/01/2021 (second set of proceedings concerning calls to participate in a rally), (ii) on 23/06/2021 (third set of proceedings, article 19.3 of CAO), and (iii) on 17/12/2021 (fourth set of proceedings, article 20.3   §   1 of CAO) were executed immediately, on account of the lack of a suspensive effect under the CAO     55304/21 24/10/2021 Kirill Artemovich GOLUBCHIK 2002 Aleksey Mikhaylovich Kychin Arkhangelsk Rally in support of A.   Navalnyy   St Petersburg   31/01/2021 article 20.2.2. §   1 of CAO The first instance court convicted the applicant as charged and sentenced him to administrative detention of 10 days which he served in full;   after one round of quashing and a fresh examination of the case, the proceedings were discontinued by the appeal court for the expiry of the prosecution period St Petersburg City Court 21/09/2021   proceedings discontinued for the expiry of the prosecution period Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention: (i) between 21/04/2021 and 22/04/2021 as administrative suspect, pending trial and after the offence report under article 20.2   §   2 of CAO had been compiled; and (ii) on 31/01/2021 as administrative suspect, pending trial and after the offence report under article 20.2.2   §   1 of CAO 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 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 - first set of proceedings (final judgment of 23/06/2021),   Art. 10 (1) - conviction for making calls to participate in public events - publication on 22/01/2021 to a Telegram channel of calls to participate in a rally in support of A.   Navalnyy scheduled for 23/01/2021 - arrest, conviction under article 20.2-2 of CAO, fine of RUB   10,000, final judgment of 23/06/2021 by the Arkhangelsk Regional Court, complaint lodged on 24/10/2021,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 31/01/2021 was executed immediately, for the lack of a suspensive effect under the CAO     56935/21* 18/10/2021 Nina Igorevna POPUGAYEVA 1996   Svetlana Vladimirovna UVARKINA 1975 Ernest Aleksandrovich Mezak Saint-Barthélemy-d’Anjou Rally in support of A.   Navalnyy   Syktyvkar   23/01/2021     Rally in support of A.   Navalnyy   Syktyvkar   23/01/2021     Rally in support of A.   Navalnyy   Syktyvkar   31/01/2021     Rally in support of A.   Navalnyy   Syktyvkar   31/01/2021 article 20.2 § 5 of CAO (Ms Popugayeva)             article 20.2 § 5 of CAO (Ms Uvarkina)             article 20.2 § 5 of CAO (Ms Popugayeva)             article 20.2 § 5 of CAO (Ms Uvarkina) fine of RUB   10,000 (Ms Popugayeva)           fine of RUB   5,000 (Ms Uvarkina)           fine of RUB   10,000 (Ms Popugayeva)           fine of RUB   5,000 (Ms Uvarkina) Supreme Court of the Komi Republic 28/04/2021         Supreme Court of the Komi Republic 26/05/2021         Supreme Court of the Komi Republic 12/05/2021 (Ms Popugayeva)     Supreme Court of the Komi Republic 23/06/2021 (Ms Uvarkina) Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention: (i) in respect of the first applicant Ms Popugayeva, arrest, escorting to a police station and detention on 28/01/2021 for the sole purpose of drawing up a record of administrative offence in respect of her participation in a rally of 23/01/2021; and (ii) in respect of the first applicant Ms Popugayeva, arrest, escorting to a police station and detention on 31/01/2021 for the sole purpose of drawing up an offence record and pending trial (held on the same date) after such record 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 – all sets of proceedings in respect of both applicants     35449/22* 02/07/2022 Nikita Igorevich PETROV 1990 Natalya Andreyevna Baranova Moscow Anti-war rally   Kaliningrad   24/02/2022 article 20.2 § 5 of CAO fine of RUB   15,000 Kaliningrad Regional Court 26/04/2022 Art. 5 (1) - unlawful detention - arrest, escorting to a police station on 24/02/2022 for the sole purpose of drawing up an offence record   45943/22* 08/09/2022 Artemiy Sergeyevich BOBROV 1992     Anti-war event   Moscow   09/05/2022   article 19.3 § 1 of CAO     and   article 20.2 § 5 of CAO administrative detention of 10 days   and   fine of RUB   15,000 Moscow City Court 19/05/2022   and   Moscow City Court 19/12/2022 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 09/05/2022 and 11/05/2022 as administrative suspect, pending trial under article 19.3   §   1 of CAO and after the relevant offence record 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 - first set of proceedings (final judgment of 19/05/2022),   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 open court police officers on whose written statements the conviction was based - first set of proceedings (final judgment of 19/05/2022),   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative arrest imposed on the applicant in the 1st set of proceedings on 11/05/2022 was executed immediately, for the lack of a suspensive effect of an appeal under the CAO,   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - duplication of punishment - prosecution in two sets of administrative proceedings (under article 19.3 §   1 of the CAO and under article 20.2 § 5 of the CAO) arose from substantially the same facts   47040/22* 14/09/2022 Vitaliy Igorevich SOROKIN 1987     Anti-war rally   St Petersburg   26/02/2022 article 20.2 § 5 of CAO fine of RUB   10,000 St Petersburg City Court 17/05/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station between 26/02/2022 and 27/02/2022 as administrative suspect, pending trial and after the offence record was compiled,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: St Petersburg City Court, 17/05/2022,   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   47704/22* 18/09/2022 Larisa Vladislavovna KHUSANOVA 1973 Rim Faridovich Sabirov Kazan Anti-war rally   Kazan   13/03/2022 article 20.2 § 5 of CAO fine of RUB   5,000 Supreme Court of the Republic of Tatarstan 18/05/2022 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 13/03/2022 and 14/03/2022 as administrative suspect, pending trial and after the offence record was compiled,   Art. 10 (1) - various restrictions on the right to freedom of expression - arrest, conviction for discrediting of the Russian armed forces on account of the contents of an anti-war slogan shouted by the applicant during the rally of 13/03/2022 (she said, "Your comrades killed my niece the day before yesterday!"), article 20.3.3   §   1 of the CAO, fine of RUB   30,000, final judgment by the Supreme Court of Tatarstan of 18/05/2022