CEDH · CASELAW;COMMUNICATEDCASES;ENG — 1 février 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 } .s5FFF0A7E { margin-top:0pt; margin-bottom:0pt; font-size:8pt } .sC40D88E { height:67.55pt } Published on 26 February 2024   THIRD SECTION Application no.   10228/22 Zakhar Anatolyevich TURUBANOV against Russia and 10 other applications (see list appended) PROCEDURAL INFORMATION Following a preliminary examination of the admissibility of the applications on 1 February 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     10228/22 04/02/2022 Zakhar Anatolyevich TURUBANOV 2002   Denis Igorevich Shragin Quebec Rally Free Navalnyy   Syktyvkar   31/01/2021 article 20.2 § 5 of CAO fine of RUB 5,000 Supreme Court of the Komi Republic 04/08/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an administrative offence report; no administrative detention report drawn up.     11138/22 08/02/2022 Dmitriy Aleksandrovich MARKOV 1982   Daniil Borisovich Berman Moscow Rally Free Navalnyy   Moscow   02/02/2021 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 09/08/2021 Art. 5 (1) - unlawful detention - escorting to the police station at 12 noon on 02/02/2021 for compiling an offence report; detention beyond the three-hour statutory period (released at 7.30 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 during the trial the police officers whose written statements the applicant’s conviction served as grounds for conviction.     11306/22* 10/01/2022 Denis Aleksandrovich SHCHEDRIN 1981   Dmitriy Dmitriyevich Miropoltsev Kaltan COVID-19 protest   Novokuznetsk   23/11/2021 article 20.2 § 2 of CAO administrative arrest for   48 hours Kemerovo Regional Court 20/12/2021 Art. 5 (1) - unlawful detention - escorting by police to a district court sitting on an administrative offence trial and six hours of undocumented detention at the courthouse on 26/11/2021;   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 48   hours administrative arrest imposed on the applicant was executed immediately on account of the lack of suspensive effect of an appeal under the CAO.     20001/22 29/03/2022 Lev Vladimirovich SHEPELEV 1990       Rally Free Navalnyy   Moscow   02/02/2021 article 20.2 § 6.1 of CAO fine of   RUB 10,000 Moscow City Court 29/09/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report between 11.17 p.m. on 02/02/2021 and 9.20 a.m. on 03/02/2021;     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.     20908/22* 29/03/2022 Sergey Mikhaylovich SNASTIN 1953   Irina Aleksandrovna Yatsenko Moscow Rally Free Navalnyy   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 29/11/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report between 2 p.m. on 31/01/2021 and midnight 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.     22125/22* 23/03/2022 Artem Vladimirovich NAZAROV 1976   Arkadiy Vitalyevich Shindyapin Moscow Rally Free Navalnyy   Moscow   23/01/2021 article 20.2 § 6.1 of CAO fine of RUB 10,000 Moscow City Court 23/11/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report for twenty-four hours as of 3.50 p.m. 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;   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.     25233/22 25/04/2022 Kirill Vladimirovich STRIZHENKO 1996   Oleg Vladimirovich Filatchev Moscow Rally Free Navalnyy   Moscow   02/02/2021 article 20.2 § 5 of CAO fine of RUB 18,000 Moscow City Court 07/02/2022 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report 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.     25259/22 24/04/2022 Tatyana Andreyevna TKACHEVA 2002   Aleksandra Nikolayevna Bayeva Moscow Rally Free Navalnyy   Moscow   21/04/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 25/10/2021 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.     25456/22 09/05/2022 Artem Vyacheslavovich FENKIN 1984       Rally Free Navalnyy   Moscow   21/04/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 09/11/2021 Art. 5 (1) - unlawful detention - The applicant was not arrested on 21/04/2021. At 2 p.m. on 25/05/2021 he came to a police station to report a stolen phone and was arrested for the purposes of drawing up an administrative offence record concerning the rally of 21/04/2021 on the basis of a video recording. He was released two hours later;   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 question the police officers whose written statements were used to convict the applicant.   33597/22* 14/06/2022 Andrey Nikolayevich STAVTSEV 1983   Natalya Andreyevna Baranova Moscow Anti-war rally   St Petersburg   06/03/2022 article 20.2.2. § 1 of CAO fine of RUB 20,000 St   Petersburg City Court 05/04/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station between 3.29 p.m. on 06/03/2022 and 12 noon 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.   45222/22* 05/08/2022 Yegor Alekseyevich BLINOV 2003       Anti-war rally   Kazan   06/03/2022 article 20.2 § 2 of CAO fine of RUB 10,000 Supreme Court of the Tatarstan Republic 25/05/2022 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;   Art. 5 (1) - unlawful detention - escorting to and detention at the police station between 2.05 p.m. on 06/03/2022 and 1.50 p.m. on 07/03/2022.