CEDH · CASELAW;JUDGMENTS;COMMITTEE;ENG — 7 mars 2024
- ECLI
- ECLI:CE:ECHR:2024:0307JUD000252321
- Date
- 7 mars 2024
- Publication
- 7 mars 2024
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Solution
source officielleViolation of Article 11 - Freedom of assembly and association (Article 11-1 - Freedom of peaceful assembly);Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention);Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment) (Substantive aspect);Violation of Article 6 - Right to a fair trial (Article 6 - Criminal proceedings;Article 6-1 - Impartial tribunal);Violation of Article 2 of Protocol No. 7 - Right of appeal in criminal matters (Article 2 of Protocol No. 7 - Review of conviction)
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RUSSIA (Applications nos. 2523/21 and 48 others – see appended list)           JUDGMENT   STRASBOURG 7 March 2024     This judgment is final but it may be subject to editorial revision.   In the case of Petrov and Others v. Russia, The European Court of Human Rights (First Section), sitting as a Committee composed of:   Lətif Hüseynov , President ,   Ivana Jelić,   Erik Wennerström , judges , and Viktoriya Maradudina, Acting Deputy Section Registrar, Having deliberated in private on 8 February 2024, Delivers the following judgment, which was adopted on that date: PROCEDURE 1.     The case originated in applications against Russia lodged with the Court under Article   34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table. 2.     The Russian Government (“the   Government”) were given notice of the applications. THE FACTS 3.     The list of applicants and the relevant details of the applications are set out in the appended table. 4.     The applicants complained of the disproportionate measures taken against them as organisers or participants of public assemblies. They also raised other complaints under the provisions of the Convention and Protocol thereto. THE LAW JOINDER OF THE APPLICATIONS 5.     Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment. JURISDICTION 6.     The Court observes that the facts giving rise to the alleged violations of the Convention occurred prior to 16 September 2022, the date on which the Russian Federation ceased to be a party to the Convention. The Court therefore decides that it has jurisdiction to examine the present applications (see Fedotova and Others v. Russia [GC], nos.   40792/10 and 2   others, §§   68 ‑ 73, 17   January 2023). Standing of the applicant’s wife to pursue application n o . 2523/21 7.     Following Mr Petrov’s death, his wife, Mrs Natalya Aleksandrovna Chekavtseva, expressed the wish to pursue the application. 8.     The Court reiterates that, in cases in which an applicant died after having lodged an application, it has taken into account the statements of the applicant’s heirs or of close family members expressing the wish to pursue the proceedings before the Court. For the Court’s assessment of the person’s standing to maintain the application on behalf of a deceased, what is important is not whether the rights at issue are transferable to the heirs but whether the victim made a choice to exercise his or her right of individual application under Article 34 of the Convention by activating the Convention mechanism (see Ergezen v. Turkey , no. 73359/10, § 29, 8 April 2014). The Court has accepted that the next-of-kin or heir may in principle pursue the application, provided that he or she has sufficient interest in the case (see Centre for Legal Resources on behalf of Valentin Câmpeanu v. Romania [GC], no. 47848/08, § 97, ECHR 2014). In this connection, the Court reiterates that human rights cases before it generally have a moral dimension and persons near to an applicant may thus have a legitimate interest in ensuring that justice is done, even after the applicant’s death (see Malhous v.   the Czech Republic (dec.) [GC], no. 33071/96, ECHR 2000 XII). 9.     In view of the above and having regard to the circumstances of the present case, the Court accepts that Mrs Chekavtseva has a legitimate interest in pursuing the application in the late applicant’s stead. It will therefore continue dealing with the case at her request. For convenience, it will, however, continue referring to Mr Petrov as the applicant in the present judgment. ALLEGED VIOLATION OF ARTICLE   11 OF THE CONVENTION 10.     The applicants complained principally of disproportionate measures taken against them as organisers or participants of public assemblies, namely their arrest in relation to the dispersal of these assemblies and their conviction for administrative offences. They relied, expressly or in substance, on Article   11 of the Convention. 11.     The Court refers to the principles established in its case-law regarding freedom of assembly (see Kudrevičius and Others v.   Lithuania [GC], no.   37553/05, ECHR 2015, with further references) and proportionality of interference with it (see Oya Ataman v.   Turkey , no.   74552/01, ECHR 2006 ‑ XIV, and Hyde Park and Others v.   Moldova , no.   33482/06, 31   March 2009). 12.     In the leading cases of 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, the Court already found a violation in respect of issues similar to those in the present case. 13.     Having examined all the material submitted to it, and having taken into account the issue of compliance with the six-month time-limit under Article 35 § 1 of the Convention (see   Saakashvili   v.   Georgia   (dec.), nos.   6232/20 and 22394/20, §§ 46-59, 1 March 2022, in which the Court addressed the   COVID-related extension of the period in question),   the Court has not found any fact or argument capable of persuading it to reach a different conclusion as to the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the interferences with the applicants’ freedom of assembly were not “necessary in a democratic society”. 14.     These complaints are therefore admissible and disclose a breach of Article 11 of the Convention. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW 15.     Some applicants submitted other complaints which also raised issues under the Convention and its Protocols, given the relevant well-established case-law of the Court (see appended table). These complaints are not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention, nor are they inadmissible on any other ground. Accordingly, they must be declared admissible. 16.     Having examined all the material before it, the Court concludes that these complaints also disclose violations of the Convention and its Protocols in the light of its findings in Karelin v. Russia , no. 926/08, §§ 58-85, 20   September 2016, concerning the absence of a prosecuting party in the proceedings under the Code of Administrative Offences (the CAO); Butkevich v. Russia , no.   5865/07, §§   63-65, 13 February 2018, Tsvetkova and Others v. Russia , nos.   54381/08 and 5 others, §§ 115-31, 10 April 2018, and Korneyeva v.   Russia , no.   72051/17, §§ 34-36, 8 October 2019, as to various aspects of unlawful deprivation of liberty of organisers or participants of public assemblies; Tomov and Others v. Russia , nos. 18255/10 and 5 others, §§ 114-42, 9 April 2019, as regards the condition of transport; Martynyuk v.   Russia , no.   13764/15, §§ 38-42, 8 October 2019, relating to the lack of suspensive effect of an appeal against the sentence of administrative detention. REMAINING COMPLAINTS 17.     Some applicants raised further additional complaints under Article 6 of the Convention concerning the fairness of the administrative-offence proceedings. In view of the findings in paragraphs above, the Court considers that there is no need to deal separately with these remaining complaints. APPLICATION OF ARTICLE 41 OF THE CONVENTION 18.     Regard being had to the documents in its possession and to its case ‑ law (see in particular Navalnyy and Others v. Russia [Committee], nos.   25809/17 and 14 others, §   22, 4   October 2022), the Court finds it reasonable to award the sums indicated in the appended table. FOR THESE REASONS, THE COURT, UNANIMOUSLY, Decides to join the applications; Declares that Mrs Chekavtseva (application no. 2523/21) has standing to pursue the application in the late applicant’s stead; Holds that it has jurisdiction to deal with the applicants’ complaints as they relate to the facts that took place before 16 September 2022; Declares the complaints under Article 11 of the Convention and the other complaints under the well-established case-law of the Court, as set out in the appended table, admissible, and finds that there is no need to examine separately the remaining complaints under Article 6 of the Convention; Holds that these applications disclose a breach of Article   11 of the Convention; Holds that there has been a violation of the Convention and the Protocol thereto as regards the other complaints raised under the well-established case-law of the Court (see appended table); Holds (a)   that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement; (b)   that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. Done in English, and notified in writing on 7 March 2024, pursuant to Rule   77   §§   2 and   3 of the Rules of Court.     Viktoriya Maradudina   Lətif Hüseynov   Acting Deputy Registrar   President     APPENDIX 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 charges Penalty Final domestic decision Court Name Date Other complaints under well-established case-law Amount awarded for pecuniary and non-pecuniary damage per applicant (in euros) [1]     2523/21 09/12/2020 Denis Nikolayevich PETROV   Born 1977 Died in 2021   Heir Natalya Aleksandrovna Chekavtseva 1981 Bayturina Svetlana Nikolayevna Moscow Picket in support of Ilya Azar   Moscow   29/05/2020 article 20.2 § 8 of CAO administrative arrest for 15   days Moscow City Court 09/06/2020 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 3.30 p.m. to 7.30 p.m. on 29/05/2020 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   4,000, to be paid to the applicant’s heir, Ms   N. Chekavtseva     14852/21 25/02/2021 Sergey Olegovich CHUGAYEV 1993 Zboroshenko Nikolay Sergeyevich Mytishchi Manifestation against the amendments to the Constitution   Moscow   15/07/2020 article 20.2 §   6.1 of CAO fine of RUB   20,000 Moscow City Court 26/08/2020 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 9.30 p.m. on 15/07/2020 to 5 a.m. on 16/07/2020 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court, 26/08/2020 4,000     26886/21 17/05/2021 Andrey Maksimovich DENISOV 1999 Memorial Human Rights Centre Moscow Manifestation in support of A. Navalnyy   Moscow   02/02/2021 article 20.2 §   6.1 of CAO fine of RUB   15,000 Moscow City Court 04/03/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 11 p.m. on 02/02/2021 to 9 p.m. on 03/02/2021 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court, 04/03/2021 4,000     28240/21 30/04/2021 Aleksandr Yevgenyevich BRYANTSEV 1999 Memorial Human Rights Centre Moscow Manifestation in support of A. Navalnyy   St Petersburg   31/01/2021 article 20.2.2 §   1 of CAO administrative detention of 9   days St   Petersburg City Court 25/02/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 2.50   p.m. on 31/01/2021 to 12 p.m. on 01/02/2021 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence, raised on appeal,   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, 25/02/2021 5,000     30238/21 15/05/2021 Andrey Sergeyevich TYURIN 1995 Gilmanov Mansur Idrisovich Podolsk Manifestation against amendments to the Constitution   Moscow   15/07/2020     article 20.2 §   6.1 of CAO fine of RUB   10,000 Moscow City Court 16/11/2020 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 8.30   p.m. on 15/07/2020 to 2.30   a.m. on 16/07/2020 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court, 16/11/2020 4,000     31651/21 07/06/2021 Ilya Andreyevich ALEKSANDROV 1997 Memorial Human Rights Centre Moscow Manifestation in support of A. Navalnyy   Moscow   02/02/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 24/03/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 12.40 a.m. to 4.25 a.m. on 03/03/2021 for the sole purpose of drawing up a record of administrative offence, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court, 24/03/2021 4,000     31792/21 16/06/2021 Yelena Nikolayevna ROSTUNOVA 1968 Eysmont Mariya Olegovna Moscow Manifestation in support of A. Navalnyy   Moscow   02/02/2021 article 20.2 §   6.1 of CAO 12 days of administrative arrest Moscow City Court 09/02/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention between 11.30 p.m. on 02/02/2021 and after 1.40 p.m. on 03/02/2021 in excess of 3   hours for the purpose of drawing up a record of administrative offence,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 09/02/2021 5,000     31875/21 26/05/2021 Maksim Bronislavovich GONGALSKIY 1986 Rybin Aleksey Vladimirovich Moscow Manifestation in support of A. Navalnyy   Moscow   31/01/2021 article 20.2 §   6.1 of CAO fine of RUB   20,000 Moscow City Court 12/04/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 3.20   p.m. on 31/01/2021 to 5   a.m. on 01/02/2021 in excess of 3 hours for the purpose of drawing up a record of administrative offence, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court, 12/04/2021         4,000     32187/21 11/06/2021 Nataliya Borisovna DOROZHNOVA 1950 Memorial Human Rights Centre Moscow Manifestation in support of A. Navalnyy   Volgograd   31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Volgograd Regional Court 17/03/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 12   p.m. to 8 p.m. on 31/01/2021 in excess of 3 hours for the purpose of drawing up a record of administrative offence,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Volgograd Regional Court, 17/03/2021 4,000   32188/21 11/06/2021 Vladislava Borisovna DANILCHENKO 2003 Memorial Human Rights Centre Moscow Manifestation in support of A. Navalnyy   Moscow   02/02/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 20/04/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 11.40 a.m. to 6.10 p.m. on 02/02/2021 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court, 20/04/2021 4,000   33212/21 08/06/2021 Vitaliy Yuryevich POTAPOV 1988 Polyakov Daniil Alekseyevich Voronezh Manifestation against amendments to the Constitution   Voronezh   27/07/2020 article 20.2.2 §   1 of CAO fine of RUB   10,000 Voronezh Regional Court 08/12/2020 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Voronezh Regional Court, 08/12/2020   3,500   33479/21 03/06/2021 Andrey Vadimovich PETROV 1994 Glukhov Aleksey Vladimirovich Novocheboksarsk Manifestation in support of A. Navalnyy   Cheboksary   31/01/2021 article 20.2 § 2 of CAO fine of RUB   20,000 Supreme Court of the Chuvashia Republic 18/03/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 1.20   p.m. on 31/01/2021 to 11.10 a.m. on 01/02/2021 for the sole purpose of drawing up a record of administrative offence, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Supreme Court of the Chuvashia Republic, 18/03/2021 4,000   33599/21 03/06/2021 Aleksey Vyacheslavovich DANILOV 1996 Glukhov Aleksey Vladimirovich Novocheboksarsk Manifestation in support of A. Navalnyy   Cheboksary   23/01/2021 article 20.2 § 5 of CAO fine of RUB   15,000 Supreme Court of the Chuvashia Republic 25/03/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 3.40   p.m. to 4.55 p.m. on 23/01/2021 for the sole purpose of drawing up a record of administrative offence, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Supreme Court of the Chuvasiah Republic, 25/03/2021 4,000   33783/21 03/06/2021 Aleksandra Yevgenyevna IVANOVA 2002 Glukhov Aleksey Vladimirovich Novocheboksarsk Manifestation in support of A. Navalnyy   Cheboksary   31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Supreme Court of the Chuvashia Republic 16/03/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest at about 1 p.m. on 31/01/2021 for the sole purpose of drawing up record of administrative defence, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Supreme Court of the Chuvashia Republic, 16/03/2021 4,000   33879/21 03/06/2021 Kirill Leonidovich BUTYRNOV 2002 Glukhov Aleksey Vladimirovich Novocheboksarsk Manifestation in support of A. Navalnyy   Cheboksary   31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Supreme Court of the Chuvashia Republic 11/03/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest at about 12.45 p.m. on 31/01/2021 and detention for the sole purpose of drawing up an administrative defence record, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Supreme Court of the Chuvashia Republic, 11/03/2021 4,000   34972/21 20/06/2021 Aleksandra Nikolayevna KOCHANOVA 1997 Bochilo Anna Yevgenyevna Barnaul Manifestation in support of A. Navalnyy   Syktyvkar   31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Supreme Court of the Komi Republic 24/03/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest at 1.30 p.m. on 31/01/2021 and detention for the sole purpose of drawing up a record of administrative offence, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Supreme Court of the Komi Republic, 24/03/2021 4,000   34975/21 20/06/2021 Diana Andreyevna ISAKOVA 1997 Bochilo Anna Yevgenyevna Barnaul Manifestation in support of A. Navalnyy   Syktyvkar   31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Supreme Court of the Komi Republic 14/04/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 1.30   p.m. to 9.20 p.m. on 31/01/2021 for the sole purpose of drawing up a record of administrative offence, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Supreme Court of the Komi Republic, 14/04/2021 4,000   35119/21 25/06/2021 Viktoriya Yevgenyevna KUZNETSOVA 1989 Zakhvatov Dmitriy Igorevich Moscow Manifestation in support of A. Navalnyy   Moscow   23/01/2021 article 19.3 § 1 of CAO 10 days of administrative arrest Moscow City Court 27/01/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 6.15   p.m. on 23/01/2021 to 24/01/2021 until court hearing in excess of 3 hours for the sole purpose of drawing up a record of administrative offence, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court, 27/01/2021 5,000   35151/21 25/06/2021 Anna Vitalyevna FEDOROVA 1997 Memorial Human Rights Centre Moscow Manifestation in support of A. Navalnyy   Stavropol   31/01/2021 article 20.2 § 5 of CAO fine of RUB   15,000 Stavropol Regional Court 28/04/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 1.10   p.m. to 5.30 p.m. on 31/01/2021 for the sole purpose of drawing up a record of administrative offence, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Stavropol Regional Court, 28/04/2021 4,000   35153/21 25/06/2021 Ivan Anatolyevich SHIPKOV 1996 Memorial Human Rights Centre Moscow Manifestation in support of A. Navalnyy   Moscow   02/02/2021 article 20.2 § 5 of CAO fine of RUB   15,000 Moscow City Court 26/04/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 10.50   a.m. to 5.13 p.m. on 02/02/2021 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court, 26/04/2021 4,000   35194/21 18/06/2021 Anton Grigoryevich DAROCHKIN 1988 Memorial Human Rights Centre Moscow Manifestation in support of A. Navalnyy   Moscow   02/02/2021 article 20.2 §   6.1 of CAO 7 days of administrative arrest Moscow City Court 06/04/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 11.41 p.m. on 02/02/2021 to 6   p.m. on 03/02/2021 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence and for bringing to the court hearing on 03/02/2021, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court, 06/04/2021,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 03/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO 5,000   35195/21 18/06/2021 Ilya Markovich KATSAFA 1995 Memorial Human Rights Centre Moscow Manifestation in support of A. Navalnyy   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB   15,000 Moscow City Court 14/04/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 3.40   p.m. on 31/01/2021 to 1 a.m. on 01/02/2021 for the sole purpose of drawing up a record of administrative offence, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court, 14/04/2021 4,000   35678/21 20/06/2021 Yuriy Vladimirovich MATOV 1985 Bochilo Anna Yevgenyevna Barnaul Manifestation in support of A. Navalnyy   Moscow   31/01/2021 article 20.2 §   6.1 of CAO 10 days of administrative arrest Moscow City Court 09/02/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 3 p.m. on 31/01/2021 to 8.40 a.m. on 01/02/2021 for the sole purpose of drawing up a record of administrative offence and for bringing the applicant to the court hearing,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 09/02/2021,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 01/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO 5,000   35681/21 20/06/2021 Maksim Sergeyevich ASTAFYEV 1998 Bochilo Anna Yevgenyevna Barnaul Manifestation in support of A. Navalnyy   Syktyvkar   31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Supreme Court of the Komi Republic 17/03/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 1.40 p.m. to 8.23 p.m. on 31/01/2021 for the sole purpose of drawing up a record of administrative offence, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Supreme Court of the Komi Republic, 17/03/2021 4,000   36367/21 30/06/2021 Dmitriy Aleksandrovich SAMSONOV 1974 Memorial Human Rights Centre Moscow Manifestation in support of A. Navalnyy   Moscow   25/07/2020   article 20.2 § 5 of CAO fine of RUB   20,000 Moscow City Court 18/01/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 1.50 p.m. to 8 p.m. on 25/07/2020 for the sole purpose of drawing up a record of administrative offence, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court, 18/01/2021 4,000   36515/21 02/07/2021 Dmitriy Vitalyevich MALOFEYEV 1994     Manifestation in support of A. Navalnyy   Moscow   31/01/2021 article 20.2 §   6.1 of CAO administrative detention of 12   days Moscow City Court 26/04/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 4   p.m. on 31/01/2021 to 01/02/2021 until court hearing for the sole purpose of drawing up a record of administrative offence, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court, 26/04/2021,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the applicant had started serving his sentence – administrative detention – before the appeal judgment was delivered 5,000   36595/21 03/07/2021 Ilya Sergeyevich MALINOSHEVSKIY 1998 Markin Konstantin Aleksandrovich Velikiy Novgorod Manifestation in support of A. Navalnyy   Velikiy Novgorod   23/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Novgorod Regional Court 18/02/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 2.39   p.m. on 23/01/2021 to 1.30   p.m. on 24/01/2021 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence and for bringing the applicant to the court hearing, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Novgorod Regional Court, 18/02/2021 4,000   36604/21 03/07/2021 Oleg Ruslanovich YEFREMOV 1996 Markin Konstantin Aleksandrovich Velikiy Novgorod Manifestation in support of A. Navalnyy   Novgorod   23/01/2021 article 20.2 § 5 of CAO community service in the amount of 20   hours Novgorod Regional Court 26/02/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 4.05   p.m. to 9.31 p.m. on 23/01/2021 for the sole purpose of drawing up a record of administrative offence, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Novgorod Regional Court, 26/02/2021 4,000   36759/21 07/07/2021 Aleksey Mikhaylovich ABRAMOV 1990 Bochilo Anna Yevgenyevna Barnaul Manifestation in support of A. Navalnyy   Moscow   31/01/2021 article 20.2 §   6.1 of CAO 5 days of administrative arrest Moscow City Court 24/03/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 3   p.m. on 31/01/2021 to 2.30 p.m. on 01/02/2021 for the sole purpose of drawing up a record of administrative offence and for bringing the applicant to the court hearing, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court, 24/03/2021,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 01/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO 5,000   36799/21 05/07/2021 Vitaliy Vyacheslavovich MESHCHERYAKOV 1987 Gerasimov Dmitriy Georgiyevich St Petersburg Manifestation in support of A. Navalnyy   St Petersburg   31/01/2021 article 20.2.2 §   1 of CAO administrative detention of 13 days St Petersburg City Court 09/02/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 5   p.m. on 31/01/2021 to 0.35 a.m. on 01/02/2021 for the sole purpose of drawing up a record of administrative offence, raised on appeal,   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, 09/02/2021,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal – the applicant had started serving his sentence – administrative detention – before the appeal judgment was delivered 5,000   36852/21 05/07/2021 Yegor Sergeyevich MAMAYEV 1994 Gerasimov Dmitriy Georgiyevich St Petersburg Manifestation in support of A. Navalnyy   St Petersburg   31/01/2021 article 20.2.2 §   1 of CAO 10 days of administrative arrest St Petersburg City Court 09/02/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 5   p.m. on 31/01/2021 to 12.15 a.m. on 01/02/2021 for the sole purpose of drawing up a record of administrative offence, raised on appeal,   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, 09/02/2021,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 01/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO 5,000   36924/21 03/07/2021 Polina Vadimovna MATVEYEVA 1999 Markin Konstantin Aleksandrovich Velikiy Novgorod Manifestation in support of A. Navalnyy   Velikiy Novgorod   23/01/2021 article 20.2 § 5 of CAO 20 hours of community service Novgorod Regional Court 04/03/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 3.50 p.m. to 9.20 p.m. on 23/01/2021 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Novgorod Regional Court, 04/03/2021 4,000   36988/21 16/07/2021 Georgiy Igorevich ILYIN 1994 Memorial Human Rights Centre Moscow Manifestation in support of A. Navalnyy   Saratov   31/01/2021 article 20.2 § 5 of CAO community service in the amount of 30   hours Saratov Regional Court 09/03/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 1.42 p.m. to 8.35 p.m. on 31/01/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Saratov Regional Court, 09/03/2021 4,000   36992/21 16/07/2021 Denis Rafailovich MUSTAFIN 1977 Memorial Human Rights Centre Moscow Manifestation in support of A. Navalnyy   Moscow   31/01/2021 article 20.2 §   6.1 of CAO fine of RUB   20,000 Moscow City Court 26/03/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on from 3   p.m. on 31/01/2021 to 4.05 p.m. on 02/02/221 for the sole purpose of drawing up a record of administrative offence and for bringing the applicant to the court, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court, 26/03/2021 4,000   37331/21 08/07/2021 Vladimir Vitalyevich NOVOKSHENOV 1971 Ivanets Vyacheslav Sergeyevich Tbilisi, Georgia Manifestation in support of A. Navalnyy   Irkutsk   31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Irkutsk Regional Court 18/05/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Irkutsk Regional Court, 18/05/2021 4,000   38386/21 02/07/2021 Sofya Mikhaylovna ZVEREVA 1998 Memorial Human Rights Centre Moscow Manifestation in support of A. Navalnyy   Moscow   31/01/2021 article 20.2 §   6.1 of CAO fine of RUB   10,000 Moscow City Court 22/04/2021 Art. 3 - inadequate conditions of detention during transport - transportation on 31/01/2021; absence of sanitary protection measures, inadequate temperature, lack of fresh air, no or restricted access to toilet, overcrowding (27   persons in the van),   Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 2.55   p.m. to 9.10   p.m. on 31/01/2021 for the sole purpose of drawing up a record of administrative offence, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court, 22/04/2021 5,000   38407/21 02/07/2021 Artur Yevgenyevich YEMELYANOV 1994 Memorial Human Rights Centre Moscow Manifestation in support of Navalnyy   St Petersburg   31/01/2021 article 20.2.2 §   1 of CAO 10 days of administrative arrest St Petersburg City Court 08/02/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 12.15 p.m. on 31/01/2021 to 3 p.m. on 01/02/2021 in excess of 3 hours for the sole purpose of drawing a record of administrative offence and for bringing the applicant to the court on 01/02/2021, raised on appeal,   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, 08/02/2021,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 01/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO 5,000   38409/21 02/07/2021 Denis Vasilyevich GORINOV 1977 Memorial Human Rights Centre Moscow Manifestation in support of A. Navalnyy   Krasnoyarsk   31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Krasnoyarsk Regional Court 27/05/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 1   p.m. to 4.30 p.m. on 31/01/2021 for the sole purpose of drawing up a record of administrative offence which, however, was drafted only on 03/02/2021, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Krasnoyarsk Regional Court, 27/05/2021 4,000   38784/21 13/07/2021 Sergey Nikolayevich IVONIN 1997 Aksenova Darya Dmitriyevna Kolomna Manifestation in support of A. Navalnyy   Moscow   31/01/2021 article 20.2 §   6.1 of CAO 10 days of administrative arrest Moscow City Court 09/02/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 2   p.m. on 31/01/2021 to 01/02/2021 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence and for bringing the applicant to the court on 01/02/2021, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court, 09/02/2021 5,000   38908/21 22/07/2021 Timofey Borisovich KRIT 1986 Memorial Human Rights Centre Moscow Manifestation in support of A. Navalnyy   Moscow   31/01/2021 article 20.2 §   6.1 of CAO administrative detention of 10 days Moscow City Court 11/05/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 12.30 p.m. on 31/01/2021 to 12.02 a.m. on 01/02/2021 for the sole purpose of drawing up a record of administrative offence, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court, 11/05/2021,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal – the applicant had started serving his sentence – administrative arrest – before the appeal judgment was delivered 5,000   39206/21 28/07/2021 Vladimir Pavlovich AVERIN 1991 Memorial Human Rights Centre Moscow Manifestation in support of A. Navalnyy   Moscow   31/01/2021 article 20.2 §   6.1 of CAO 3 days of administrative arrest Moscow City Court 26/02/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 2.15   p.m. to 7 p.m. on 31/01/2021 for the sole purpose of drawing up a record of administrative offence, however the latter was drawn up only on 02/02/2021; arrest and detention from 11 a.m. to 5 p.m. on 02/02/2021 for the sole purpose of drawing up a record of administrative offence and bringing the applicant to court hearing,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court, 26/02/2021,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant on 02/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO 5,000   39211/21 28/07/2021 Aleksandr Aleksandrovich LOBANOV 1987 Memorial Human Rights Centre Moscow Manifestation in support of A. Navalnyy   Moscow   31/01/2021 article 20.2 §   6.1 of CAO administrative detention of 7   days Moscow City Court 12/03/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 3   p.m. on 31/01/2021 to 7.15 p.m. on 01/02/2021 for the sole purpose of drawing up a record of administrative offence, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court, 12/03/2021   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the applicant had started serving his sentence – administrative detention – before the appeal judgment was delivered 5,000   39221/21 22/07/2021 Anastasiya Igorevna ZAKHARCHENKO 2002 Loktev Sergey Aleksandrovich St Petersburg Manifestation in support of Navalnyy   St Petersburg   02/02/2021 article 20.2.2 §   1 of CAO fine of RUB   10,000 St Petersburg City Court 02/03/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 11.10 p.m. on 02/02/2021 to 05/02/2021 for the sole purpose of drawing up a record of administrative offence; held in detention after drawing up an administrative offence record, raised on appeal,   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, 02/03/2021 5,000   39584/21 28/07/2021 Sergey Lvovich SOKOLOV 1972 Memorial Human Rights Centre Moscow Manifestation in support of A. Navalnyy   Moscow   31/01/2021 article 20.2 §   6.1 of CAO administrative detention of 4   days Moscow City Court 04/02/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 2.05   p.m. on 31/01/2021 to 6 p.m. on 02/02/2021 for the sole purpose of drawing up a record of administrative offence, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court, 04/02/2021,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the applicant had started serving his sentence – administrative detention – before the appeal judgment was delivered 5,000   39864/21 30/07/2021 Darya Yevgenyevna MOSKALYUK 1996 Pershakova Yelena Yuryevna Moscow Manifestation in support of A. Navalnyy   Moscow   02/02/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 30/03/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 11.50 p.m. on 02/02/2021 to 2.30   a.m. on 03/02/2021 for the sole purpose of drawing up a record of administrative offence, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court, 30/03/2021 4,000   40051/21 27/07/2021 Andrey Viktorovich BATRAKOV 1989 Memorial Human Rights Centre Moscow Manifestation in support of A. Navalnyy   Moscow   31/01/2021 article 20.2 §   6.1 of CAO administrative detention of 10 days Moscow City Court 05/02/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 12.45   p.m. on 31/01/2021 to 1.30   p.m. on 01/02/2021 for the sole purpose of drawing up a record of administrative offence, held in detention after drawing up an administrative offence record, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court, 05/02/2021,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the applicant had started serving his sentence – administrative detention – before the appeal judgment was delivered 5,000   400Articles de loi cités
Citations
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Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;JUDGMENTS;COMMITTEE;ENG
- Formation
- 25
- Date
- 7 mars 2024
- Matière
- droits fondamentaux
Référence
ECLI:CE:ECHR:2024:0307JUD000252321
Données disponibles
- Texte intégral