CEDH · CASELAW;JUDGMENTS;COMMITTEE;ENG — 11 avril 2024
- ECLI
- ECLI:CE:ECHR:2024:0411JUD004013321
- Date
- 11 avril 2024
- Publication
- 11 avril 2024
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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 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. 40133/21 and 43 others – see appended list)             JUDGMENT   STRASBOURG 11 April 2024   This judgment is final but it may be subject to editorial revision. In the case of Papulin 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 21 March 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 its Protocol. 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). LOCUS STANDI in application n o . 41953/21 7.     Following the death of the applicant, Ms Bondarenko (application no.   41953/21), her daughter, Ms Elena Vladimirovna Pikalova, expressed her wish to pursue the application on behalf of the deceased applicant (see the appended table). 8.     The Court reiterates that where an applicant dies during the examination of a case, his or her heirs or close relatives may in principle pursue the application on his or her behalf (see Ječius v. Lithuania , no.   34578/97, § 41, ECHR 2000-IX, and concerning, more specifically, complaints under Article 11 of the Convention, Savenko and Others v. Russia , no. 13918/06, § 52, 14 September 2021, and references cited therein). In the present case, the applicant’s daughter submitted documents confirming that she was the applicant’s heir. In these circumstances, the Court considers that Ms Pikalova has a legitimate interest in pursuing the application in place of her late mother. 9.     In the light of the above, the Court accepts that Ms Pikalova has a legitimate interest in pursuing the application in place of her deceased mother. It will therefore continue to deal with the case at her request. For convenience, however, it will continue to refer to Ms Bondarenko 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, 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.     The 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 Protocol in the light of its findings in 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; 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); and 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; Holds that it has jurisdiction to deal with the applicants’ complaints as they relate to facts that took place before 16 September 2022; Holds that Ms Pikalova, the daughter of the applicant, Ms Bondarenko, in application no. 41953/21, has a legitimate interest in pursuing the application in place of her late mother; 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 11 April 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]     40133/21 28/07/2021 Aleksey Mikhaylovich PAPULIN 1992 Memorial Human Rights Centre Moscow Manifestation in support of Navalnyy   Moscow   31/01/2021 article 20.2 §   6.1 of CAO administrative detention of 4 days Moscow City Court 03/02/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 11.45 a.m. on 31/01/2021 to 2   p.m. on 01/02/2021 for the purpose of drawing up a record of administrative offence and bringing the applicant to the court hearing of his case 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, 03/02/2021,   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     40135/21 28/07/2021 Dmitriy Vladimirovich GORBACHEV 1988 Memorial Human Rights Centre Moscow Manifestation in support of Navalnyy   Moscow   31/01/2021 article 20.2 §   6.1 of CAO administrative detention of 5   days Moscow City Court 10/02/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 3 p.m. on 31/01/2021 to 11 p.m. on 01/02/2021 for the sole purpose of drawing up an administrative offence record, no evidence that it could not have been done on the spot, 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, 10/02/2021,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the applicant started serving his sentence – administrative detention – before the appeal judgment was delivered 5,000     40158/21 27/07/2021 Roman Andreyevich BORDUNOV 1993 Pomazuyev Aleksandr Yevgenyevich Vilnius Manifestation in support of Navalnyy   Moscow   31/01/2021 article 20.2 §   6.1 of CAO administrative detention of 13 days Moscow City Court 09/02/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 3 p.m. on 31/01/2021 to 6   p.m. on 01/02/2021 for the sole purpose of drawing up an administrative offence record, no evidence that it could not have been done on the spot, 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     40194/21 27/07/2021 Oleg Vladimirovich LITVISHKO 1984 Aksenova Darya Dmitriyevna Kolomna Manifestation in support of Navalnyy   Moscow   31/01/2021 article 20.2 §   6.1 of CAO administrative detention of 10 days Moscow City Court 18/03/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 2.25 p.m. on 31/01/2021 to 02/02/2021 until the court hearing for the sole purpose of drawing up an administrative offence record, no evidence that it could not have been done on the spot, 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, 18/03/2021 5,000     40197/21 27/07/2021 Anna Alekseyevna GRIGORYEVA 2000 Shindyapin Arkadiy Vitalyevich Moscow Manifestation in support of Navalnyy   Moscow   02/02/2021 article 20.2 §   6.1 of CAO administrative detention of 5 days Moscow City Court 05/02/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 11.45 p.m. on 02/02/2021 to 03/02/2021 for the sole purpose of drawing up a record of administrative offence and for bringing the applicant to the court hearing of her case 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, 05/02/2021,   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     40322/21 27/07/2021 Dmitriy Alekseyevich LOMP 1990 Aksenova Darya Dmitriyevna Kolomna Manifestation in support of Navalnyy   Moscow   31/01/2021 article 20.2 §   6.1 of CAO administrative detention of 14 days Moscow City Court 12/02/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 3 p.m. on 31/01/2021 to 01/02/2021 for the sole purpose of drawing up an administrative offence record 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, 12/02/2021 5,000     40464/21 27/07/2021 Yaroslav Ivanovich IVANOV 1982 Aksenova Darya Dmitriyevna Kolomna Manifestation in support of Navalnyy   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 18/03/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 12.25 p.m. to unspecified time on 31/01/2021 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: Moscow City Court, 18/03/2021 4,000     40511/21 30/07/2021 Alena Vladimirovna KUZINA 1999 Pershakova Yelena Yuryevna Moscow Manifestation in support of Navalnyy   Moscow   02/02/2021 article 20.2 §   6.1 of CAO administrative detention of 4 days Moscow City Court 05/02/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 9 p.m. on 02/02/2021 to 3.30   p.m. on 03/02/2021 in excess of 3 hours for the 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, 05/02/2021,   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     41202/21 02/08/2021 Maksim Yuryevich IZHEDEROV 1996 Eysmont Mariya Olegovna Moscow Manifestation in support of Navalnyy   Moscow   31/01/2021 article 20.2 §   6.1 of CAO administrative detention of 10 days Moscow City Court 04/02/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 5.10 p.m. on 31/01/2021 to 4.50   p.m. on 01/02/2021 for the sole purpose of drawing up an administrative offence record, no evidence that it could not have been done on the spot, held in detention after drawing up an administrative offence record and until 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, 04/02/2021 5,000   41233/21 06/08/2021 Ivan Mikhaylovich SHCHAPOV 1999 Memorial Human Rights Centre Moscow Manifestation in support of Navalnyy   Moscow   31/01/2021 article 20.2 §   6.1 of CAO administrative detention of 7 days Moscow City Court 08/02/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow 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   41245/21 25/07/2021 Tatyana Ivanovna KOVRIZHNYKH 1999 Memorial Human Rights Centre Moscow Manifestation in support of Tsvetkova   Moscow   27/06/2020 article 20.2 § 5 of CAO fine of RUB   15,000 Moscow City Court 26/01/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 4.38 p.m. to 11.19 p.m. on 27/06/2020 for the sole purpose of drawing up an administrative offence record, no evidence that it could not have been done on the spot, 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, 26/01/2021 4,000   41495/21 23/07/2021 Yevgeniya Andreyevna FROLOVA 1987     Manifestation in support of Navalnyy   Moscow   31/01/2021 article 20.2 §   6.1 of CAO administrative detention of 10 days Moscow City Court 03/02/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 5.15 p.m. on 31/01/2021 to 6   p.m. on 01/02/2021 for 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, 03/02/2021 5,000   41680/21 09/08/2021 Fedor Ivanovich MALYSHEV 1996     Manifestation in support of Navalnyy   Moscow   31/01/2021 article 20.2 §   6.1 of CAO administrative detention of 10 days Moscow City Court 09/02/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest from 2.45 p.m. on 31/01/2021 to 3 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, 09/02/2021     5,000   41953/21 30/07/2021 Valentina Yuryevna BONDARENKO Born in 1958 Deceased in 2022   Heir: Pikalova Elena Vladimirovna 1987   Memorial Human Rights Centre Moscow Manifestation in support of Navalnyy   Pyatigorsk   31/01/2021 article 20.2.2 §   1 of CAO administrative detention of 1   day Stavropol Regional Court 31/03/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 11.30 a.m. on 31/01/2021 to 5.00   p.m. on 01/02/2021 for the sole purpose of drawing up an administrative offence record, no evidence that it could not have been done on the spot, 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: Stavropol Regional Court, 31/03/2021,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the applicant started serving his sentence – administrative arrest – before the appeal judgment was delivered 5,000, to be paid to the applicant’s heir, Ms   Elena Vladimirovna Pikalova   42464/21 05/08/2021 Nikolay Yuryevich KABALIN 1996 Memorial Human Rights Centre Moscow Manifestation in support of Navalnyy   Moscow   31/01/2021 article 20.2 §   6.1 of CAO administrative detention of 5   days Moscow City Court 11/02/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 3.14 p.m. on 31/01/2021 to 7.35   p.m. on 01/02/2021 for the sole purpose of drawing up an administrative offence record, no evidence that it could not have been done on the spot; 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, 11/02/2021,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the applicant started serving his sentence – administrative arrest – before the appeal judgment was delivered   5,000   42467/21 05/08/2021 Dmitriy Olegovich PETELIN 1999 Memorial Human Rights Centre Moscow Manifestation in support of Navalnyy   Moscow   31/01/2021 article 20.2 §   6.1 of CAO administrative detention of 11 days Moscow City Court 05/02/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 2.10 p.m. on 31/01/2021 to 2.45   p.m. on 01/02/2021 for the sole purpose of drawing up an administrative offence record, no evidence that it could not have been done on the spot, held in detention after drawing up an administrative offence record, raised on appeal,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the applicant started serving his sentence – administrative detention – before the appeal judgment was delivered 5,000   42982/21 16/08/2021 Oleg Igorevich KRYZHANOVSKIY 1989 Zhdanov Ivan Yuryevich Vilnius Manifestation in support of Navalnyy   Lipetsk   31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Lipetsk Regional Court 25/02/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest at 12.25 p.m. on 31/01/2021 for the sole purpose of drawing up an administrative offence record, no evidence that it could not have been done on the spot, 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: Lipetsk Regional Court, 25/02/2021 4,000   43275/21 09/08/2021 Dmitriy Mikhaylovich KOZLOV 1992 Zyryanova Mariya Sergeyevna St Petersburg Manifestation in support of Navalnyy   St Petersburg   23/01/2021 article 20.2 §   6.1 of CAO administrative detention of 10 days St Petersburg City Court 11/02/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 7.20 p.m. on 23/01/2021 to the day of court hearing on 24/01/2021 for the sole purpose of drawing up an administrative offence record, no evidence that it could not have been done on the spot, 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, 11/02/2021,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The applicant started serving his sentence – administrative detention – before the appeal judgment was delivered 5,000   43854/21 10/08/2021 Fedor Igorevich KIRILLOV 1998 Memorial Human Rights Centre Moscow Manifestation in support of Navalnyy   Moscow   02/02/2021   Manifestation against the war in Ukraine   Moscow   06/03/2022 article 20.2 §   6.1 of CAO             article 20.2 § 5 of CAO administrative detention of 10 days             fine of RUB   10,000 Moscow City Court 10/02/2021           Moscow City Court 17/10/2022 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 11.20 p.m. on 02/02/2021 to 11.20 a.m. on 03/02/2021 and from 4.25 p.m. to 10.31 p.m. on 06/03/2022 for the sole purpose of drawing up an administrative offence record, no evidence that it could not be done on spot, 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, 10/02/2021,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the applicant started serving his sentence – administrative detention – before the appeal judgment was delivered, proceedings ended on 10/02/2021 in the Moscow City Court 5,000   45034/21 03/09/2021 Vladimir Valentinovich FILIPPENKO 1981 Zhdanov Ivan Yuryevich Vilnius Manifestation in support of Navalnyy   Magnitogorsk   31/01/2021 article 19.3 § 1 of CAO fine of RUB   1,000 Chelyabinsk Regional Court 18/03/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 12.20 p.m. on 31/01/2021 to 11.05 a.m. on 01/02/2021 for the sole purpose of drawing up a record of administrative offence and 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: Altay Regional Court, 18/03/2021       4,000   45065/21 01/09/2021 Sergey Mikhaylovich KOBELEV 1979 Pomazuyev Aleksandr Yevgenyevich Vilnius Manifestation in support of Navalnyy   Barnaul   31/01/2021 article 20.2 §   6.1 of CAO fine of RUB   10,000 Altay Regional Court 18/03/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 12.15 p.m. on 31/01/2021 to 01/02/2021 until the court hearing for the sole purpose of drawing up an administrative offence record, no evidence that it could not be done on spot, 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: Altay Regional Court, 18/03/2021 4,000   45703/21 19/08/2021 Raira Georgiyevna BAZMANI 2002     Manifestation in support of Navalnyy   Nizhniy Novgorod   31/01/2021 article 20.2 § 5 of CAO fine of RUB   5,000 Nizhniy Novgorod Regional Court 23/06/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 12.30 p.m. to 7.30 p.m. on 31/01/2021 in excess of 3 hours for the sole purpose of drawing a record of administrative offence, no evidence that it could not be done on spot, 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: Nizhniy Novgorod Regional Court, 23/06/2021 4,000   46693/21 03/09/2021 Viktor Yevgenyevich LEVAKOV 1966 Aksenova Darya Dmitriyevna Kolomna Manifestation in support of Navalnyy   Moscow   23/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 20/04/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 6.15 p.m. on 23/01/2021 to 0.50   a.m. on 24/01/2021 in excess of 3 hours for the sole purpose of drawing 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   46997/21 15/09/2021 Yegor Yevgenyevich BYCHENKOV 2002 Zhdanov Ivan Yuryevich Vilnius Manifestation in support of Navalnyy   Vladimir   23/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Vladimir Regional Court 23/03/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 3 p.m. on 23/01/2021 to 2.50   p.m. on 25/01/2021 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: Vladimir Regional Court, 23/03/2021 4,000   47516/21 15/09/2021 Stanislav Andreyevich BUGAYEV 1994 Markin Konstantin Aleksandrovich Velikiy Novgorod Manifestation in support of Navalnyy   Moscow   31/01/2021 article 20.2 §   6.1 of CAO administrative detention of 10 days Moscow City Court 18/03/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 3 p.m. on 31/01/2021 to 2.19   p.m. on 01/02/2021 for the sole purpose of drawing up a record of administrative offence and 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, 18/03/2021,   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   47649/21 15/09/2021 Elvira Nikolayevna KUDRYASHOVA 1964 Protasov Vladimir Yuryevich Yoshkar - Ola Manifestation in support of Navalnyy   Yoshkar-Ola   23/01/2021   Manifestation in support of Navalnyy   Yoshkar-Ola   31/01/2021 article 20.2 § 5 of CAO             article 19.3 § 1 of CAO fine of RUB   5,000               fine of RUB   500 Supreme Court of the Mariy El Republic 17/03/2021       Supreme Court of the Mariy El Republic 18/03/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 12.10 p.m. on 31/01/2021 to 02/02/2021 until the court hearing for the purpose of drawing a record of administrative offence and bringing the applicant to the court hearing, raised on appeal 4,000   48188/21 28/09/2021 Yefrosinya Sergeyevna KHARCHENKO 1998     Manifestation in support of Navalnyy   Moscow   02/02/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 02/04/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 11.50 p.m. on 02/02/2021 till 3.59 a.m. on 03/02/2021 for the sole purpose of drawing up an administrative offence record, no evidence that it could not have been done on the spot, 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, 02/04/2021 4,000   49382/21 22/09/2021 Mikhail Ruslanovich SOLODOVNIKOV 2002 Dubrovina Marina Alekseyevna Novorossiysk Manifestation in support of Navalnyy   Novorossiysk   31/01/2021 article 20.2.2 §   1 of CAO fine of RUB   10,000 Krasnodar Regional Court 22/03/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Krasnodar Regional Court, 22/03/2021 3,500   49711/21 17/09/2021 Nadezhda Viktorovna LYYUROVA 1967 Kosnyrev Vladislav Vladimirovich Syktyvkar Manifestation in support of 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, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 2.00 p.m. to 9.30 p.m. on 31/01/2021 for the sole purpose of drawing up an administrative offence record, no evidence that it could not have been done on the spot, 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   49918/21 21/09/2021 Yelena Vyacheslavovna TSOVINA 1964 Vasilyev Nikolay Vladimirovich Moscow Demonstration against the destruction of a park   Moscow   27/09/2020 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 22/03/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 22/03/2021 3,500   50123/21 23/09/2021 Konstantin Mikhaylovich VOROVICH 1991 Shindyapin Arkadiy Vitalyevich Moscow Manifestation in support of Navalnyy   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB   15,000 Moscow City Court 27/05/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 2.30 p.m. on 31/01/2021 to 01/02/2021 for the sole purpose of drawing up an administrative offence record and 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, 27/05/2021 4,000   50154/21 23/09/2021 Yekaterina Vladimirovna ZUBKOVA 1969 Pomazuyev Aleksandr Yevgenyevich Vilnius Manifestation in support of Navalnyy   Ukhta   31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Supreme Court of the Republic of Komi 31/03/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrested at about 1 p.m. on 31/01/2021 and held at a police station for more than 4 hours, 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, 31/03/2021 4,000   50163/21 23/09/2021 Stepan Glebovich PYANYKH 1994 Shindyapin Arkadiy Vitalyevich Moscow Manifestation in support of Navalnyy   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 27/05/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 2.30 p.m. to 9 p.m. on 31/01/2021 for the sole purpose of drawing up an administrative offence record and 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, 27/05/2021 4,000   50219/21 24/09/2021 Alina Aleksandrovna KOLESOVA 1998 Dubrovina Marina Alekseyevna Novorossiysk Manifestation in support of Navalnyy   Pyatigorsk   31/01/2021 article 20.2.2 §   1 of CAO fine of RUB   10,000 Krasnodar Regional Court 24/03/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Krasnodar Regional Court, 24/03/2021 3,500   50225/21 23/09/2021 Sergey Aleksandrovich KALINKIN 1987 Zinovyev Konstantin Mikhaylovich Nizhniy Novgorod Manifestation in support of Navalnyy   Nizhniy Novgorod   31/01/2021 article 20.2 §   6.1 of CAO fine of RUB   12,000 Nizhniy Novgorod Regional Court 24/03/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Nizhniy Novgorod Regional Court, 24/03/2021 3,500   50546/21 24/09/2021 Aleksey Leonidovich SIVAKS 1983 Seleznev Stanislav Aleksandrovich Samara Manifestation in support of Navalnyy   Samara   31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Samara Regional Court 22/04/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 2.05 p.m. to 4.40 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: Samara Regional Court, 22/04/2021       4,000   50609/21 29/09/2021 Vladimir Andreyevich IVANOV 1984 Dubrovina Marina Alekseyevna Novorossiysk Manifestation in support of Navalnyy   Anapa   23/01/2021 article 20.2 § 5 of CAO fine of RUB   20,000 Krasnodar Regional Court 29/03/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 2.30 p.m. to 8.10 p.m. on 23/01/2021 for the sole purpose of drawing up an administrative offence record, no evidence that it could not have been done on the spot, 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: Krasnodar Regional Court, 29/03/2021 4,000   51115/21 01/10/2021 Yelena Vladimirovna ORLOVA 2000 Sirosh Fedor Yevgenyevich Moscow Manifestation in support of Navalnyy   Moscow   23/01/2021 article 20.2 § 5 of CAO fine of RUB   13,000 Moscow City Court 02/04/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 7 p.m. on 23/01/2021 to 24/01/2021 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: Moscow City Court, 02/04/2021 4,000   51119/21 01/10/2021 Dmitriy Iosifovich KUZICHEV 1984 Sirosh Fedor Yevgenyevich Moscow Manifestation in support of Navalnyy   Moscow   23/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 02/04/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 7 p.m. on 23/01/2021 to 24/01/2021 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: Moscow City Court, 02/04/2021       4,000   51295/21 29/09/2021 Erik Eduardovich RAY 1999 Memorial Human Rights Centre Moscow Manifestation in support of Navalnyy   Moscow   03/02/2021 article 20.2 §   6.1 of CAO administrative detention of 10 days Moscow City Court 08/02/2021 (received on 30/03/2021) Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 0.15 p.m. to 4.00 p.m. on 03/02/2021 for the sole purpose of drawing up an administrative offence record, no evidence that it could not have been done on the spot, 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, 08/02/2021 (received on 30/03/2021),   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the applicant started serving his sentence – administrative detention – before the appeal judgment was delivered 5,000   51676/21 24/09/2021 Yekaterina Vladimirovna OKONOVENKO 1996 Sidelnikova Polina Aleksandrovna Vladivostok Manifestation in support of Furgal   Vladivostok   18/07/2020 article 20.2 § 5 of CAO fine of RUB   10,000 Primorye Regional Court 29/03/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Primorye Regional Court, 29/03/2021 3,500   51761/21 15/10/2021 Maksim Pavlovich RODIONOV 1980 Zhdanov Ivan Yuryevich Vilnius Manifestation in support of Navalnyy   Vladimir   31/01/2021       article 20.2 § 5 of CAO fine of RUB   10,000 Vladimir Regional Court 27/04/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Vladimir Regional Court, 27/04/2021 3,500   51776/21 15/10/2021 Kirill Viktorovich KUZNETSOV 1997 Zhdanov Ivan Yuryevich Vilnius Manifestation in support of Navalnyy   Kazan   31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Supreme Court of the Tatarstan Republic 28/04/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 1.20 p.m. on 31/01/2021 to 01/02/2021 until the court hearing for the sole purpose of drawing up an administrative offence record, no evidence that it could not have been done on the spot, raised on appeal 4,000   52037/21 13/10/2021 Aleksey Valeyevich AYSIN 1991Articles de loi cités
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Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;JUDGMENTS;COMMITTEE;ENG
- Formation
- 25
- Date
- 11 avril 2024
- Matière
- droits fondamentaux
Référence
ECLI:CE:ECHR:2024:0411JUD004013321
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