CEDHCASELAW;JUDGMENTS;COMMITTEE;ENG29
CEDH · CASELAW;JUDGMENTS;COMMITTEE;ENG — 27 juin 2024
- ECLI
- ECLI:CE:ECHR:2024:0627JUD000949420
- Date
- 27 juin 2024
- Publication
- 27 juin 2024
droits fondamentauxCEDH
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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)
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RUSSIA (Applications nos. 9494/20 and 29 others – see appended list)             JUDGMENT   STRASBOURG 27 June 2024   This judgment is final but it may be subject to editorial revision. In the case of Arbuzov and Others v. Russia, The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:   María Elósegui , President ,   Kateřina Šimáčková,   Stephane Pisani , judges , and Viktoriya Maradudina, Acting Deputy Section Registrar, Having deliberated in private on 6 June 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. Some applicants also raised other complaints under the provisions of the Convention. 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). ALLEGED VIOLATION OF ARTICLE   11 OF THE CONVENTION 7.     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. 8.     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). 9.     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. 10.     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”. 11.     These complaints are therefore admissible and disclose a breach of Article 11 of the Convention. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW 12.     Some applicants submitted other complaints which also raised issues under the Convention, 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. 13.     Having examined all the material before it, the Court concludes that these complaints also disclose violations of the Convention in the light of its findings in 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; and 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 (COA). REMAINING COMPLAINTS 14.     In view of the above findings, the Court considers that there is no need to deal separately with the remainder of the applicants’ complaints concerning unfairness of the administrative proceedings and effects of the administrative convictions. APPLICATION OF ARTICLE 41 OF THE CONVENTION 15.     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 these applications as they relate to 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 raised by the applicants; Holds that there has been a breach of Article   11 of the Convention; Holds that there has been a violation of the Convention as regards the other complaints raised under the well-established case-law of the Court (see the 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 27 June 2024, pursuant to Rule   77   §§   2 and   3 of the Rules of Court.     Viktoriya Maradudina   María Elósegui   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 / criminal offence Penalty Final domestic decision Court Name Date Other complaints under   well-established case-law Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant (in euros) [1]     9494/20 12/02/2020 Oleg Vladimirovich ARBUZOV 1986 Memorial Human Rights Centre Moscow “Dopuskay” manifestation (for fair elections)   Trubnaya Square, Moscow   03/08/2019 article 20.2 § 5 of CAO 20 hours’ compulsory work Moscow City Court 16/10/2019 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 03/08/2019 from 2.45 p.m. to 9.50 p.m. - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO); the complaint was raised in the administrative proceedings,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 4,000     43/23 26/11/2022 Irina Aleksandrovna SOFONOVA 1997 Tyurina Kristina Olegovna Nizhniy Novgorod Manifestation against the war in Ukraine   Nizhniy Novgorod   06/03/2022 article 20.2 § 5 of CAO administrative fine of RUB   10,000 Nizhniy Novgorod Regional Court 27/07/2022 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 06/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity; raised in the administrative proceedings,     Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 4,000     84/23 29/11/2022 Maret Magomedovna BOCHAYEVA 1996 Baranova Natalya Andreyevna Moscow Manifestation against the war in Ukraine   Moscow   28/02/2022 article 20.2 § 5 of CAO administrative fine of RUB   10,000 Moscow City Court 05/08/2022 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 deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - The applicant’s arrest and detention from 8.05 p.m. on 28/02/2022 to 3 a.m. on 01/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity; Detention as an administrative suspect: beyond the three-hour statutory period (Art.   27.5(1)-(4) CAO); the complaints were raised in the administrative proceedings 4,000     86/23 19/11/2022 Olga Sergeyevna SERKOVA 1982 Baranova Natalya Andreyevna Moscow Manifestation against the war in Ukraine   Moscow   13/03/2022 article 20.2 § 5 of CAO administrative fine of RUB   20,000 Moscow City Court 19/07/2022 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 deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - The applicant was arrested and detained at the police station on 13/03/2022, from 4.30 p.m. to 9.10 p.m. - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO); the complaints were raised in the administrative proceedings       4,000     501/23 27/11/2022 Irina Igorevna ZAMALEYEVA 2001 Sabirov Rim Faridovich Kazan Manifestation against the war in Ukraine   Kazan   27/02/2022 article 20.2 § 5 of CAO administrative fine of RUB   10,000 Supreme Court of the Tatarstan Republic 27/07/2022 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Detention took place between 27/02/2022 and 28/02/2022 (exact time unspecified) - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable on the spot to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity; raised in the administrative proceedings 4,000     519/23 21/11/2022 Artem Vyacheslavovich YEPIFANTSEV 1993     Manifestation against the war in Ukraine   Nizhniy Novgorod   06/03/2022 article 20.2 § 5 of CAO administrative fine of RUB   10,000 Nizhniy Novgorod Regional Court 04/08/2022 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest on 06/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity; raised in the administrative proceedings;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 4,000     526/23 29/11/2022 Semen Igorevich DENISOV 1981 Nemanov Vladimir Sergeyevich Moscow Manifestation against the war in Ukraine   Moscow   02/03/2022 article 20.2 § 5 of CAO administrative fine of RUB   18,000 Moscow City Court 29/07/2022 Art. 5 (1) - unlawful detention - Arrest and detention from 8 p.m. on 02/03/2022 to 2 a.m. on 03/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO); the complaints were raised in the administrative proceedings,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 4,000     881/23 24/11/2022 Oksana Alekseyevna MINOVA 1977 Kosnyrev Vladislav Vladimirovich Syktyvkar Manifestation against the war in Ukraine   Moscow   24/02/2022 article 20.2 § 5 of CAO administrative fine of RUB   10,000 Moscow City Court 27/07/2022 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 24/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity; raised in the administrative proceedings,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 4,000     1217/23 30/11/2022 Aleksey Valeryevich SHIRSHOV 1980 Arshinova Valeriya Aleksandrovna Moscow Manifestation against the war in Ukraine   Moscow   25/02/2022 article 20.2 § 5 of CAO administrative fine of RUB   10,000 Moscow City Court 03/08/2022 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest on 25/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/ assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity; the complaint was raised in the administrative proceedings,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 4,000   1513/23 10/12/2022 Aleksey Aleksandrovich KALININ 1995     Manifestation against the war in Ukraine   Moscow   24/02/2022 article 20.2 § 5 of CAO administrative fine of RUB   15,000 Moscow City Court 11/08/2022 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 3,500   1566/23 24/12/2022 Vladislav Sergeyevich SHIRINKIN 1995 Makey Yelena Valentinovna Yekaterinburg Manifestation against the war in Ukraine   Yekaterinburg   02/03/2022 article 20.2 § 5 of CAO community service of 25   hours Sverdlovsk Regional Court 24/08/2022   3,500   1691/23 15/12/2022 Natalya Nikolayevna KULIKOVA 1972     Manifestation against the war in Ukraine   Yekaterinburg   06/03/2022 article 20.2 § 5 of CAO administrative fine of RUB   15,000 Sverdlovsk Regional Court 18/08/2022 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 deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention from 2.45 p.m. to 9 p.m. on 06/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO); the complaints were raised in the administrative proceedings 4,000   1702/23 24/12/2022 Aleksey Mikhaylovich LAPTEV 1984 Baranova Nataliya Andreyevna Moscow Manifestation against the war in Ukraine   Puskinskaya Square, Moscow   25/02/2022 article 20.2 § 5 of CAO administrative fine of RUB   15,000 Moscow City Court 25/08/2022 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Applicant on 25/02/2022 was taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity; raised in the administrative proceedings,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   4,000   1705/23 30/11/2022 Ilya Olegovich ROZHNOV 1993 Zboroshenko Nikolay Sergeyevich Mytishchi Manifestation against the war in Ukraine   Moscow   24/02/2022 article 20.2 § 5 of CAO administrative fine of RUB   10,000 Moscow City Court 17/08/2022 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest on 24/02/2022 - applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity; the complaint was raised in the administrative proceedings,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 4,000   1707/23 30/11/2022 Ivan AVRAMCHUK 1989 Zboroshenko Nikolay Sergeyevich Mytishchi Manifestation against the war in Ukraine   Moscow   01/03/2022 article 20.2 § 5 of CAO administrative fine of RUB   20,000 Moscow City Court 05/08/2022 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Applicant on 01/03/2022 taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity; the complaint was raised in the administrative proceedings,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 4,000   1757/23 12/12/2022 Olga Andreyevna STENNIKOVA 1994     Manifestation against the war in Ukraine   Novosibirsk   06/03/2022 article 20.2 § 5 of CAO administrative fine of RUB   10,000 Novosibirsk Regional Court 08/09/2022 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 deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - from 2.05   p.m. to 11.50 p.m. on 06/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity; Detention as an administrative suspect: beyond the three ‑ hour statutory period (Art. 27.5(1)-(4) CAO); the complaints were raised on appeal 4,000   1770/23 22/12/2022 Anna Vladimirovna VYALKINA 1992     Manifestation against the war in Ukraine   Moscow   01/03/2022 article 20.2 § 5 of CAO administrative fine of RUB   20,000 Moscow City Court 25/08/2022 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 3,500   1777/23 28/11/2022 Nikolay Yuryevich KHRUST 1982     Manifestation against the war in Ukraine   Moscow   13/03/2022 article 20.2 § 5 of CAO administrative fine of RUB   15,000 Moscow City Court 29/07/2022 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 deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 13/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity, raised on appeal 4,000   1895/23 05/12/2022 Anton Yuryevich VAKHRANEV 1992     Manifestation against the war in Ukraine   Moscow   03/03/2022 article 20.2 § 5 of CAO administrative fine of RUB   10,000 Moscow City Court 29/08/2022 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Detention took place between 6.20 p.m. and 8.30 p.m. on 03/03/2022 – Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity; the complaint was raised in the administrative proceedings,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 4,000   1997/23 09/12/2022 Aleksey Mikhaylovich SHEMYAKIN 1992     Manifestation against the war in Ukraine   Moscow   24/02/2022 article 20.2 § 5 of CAO administrative fine of RUB   20,000 Moscow City Court 09/08/2022 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 8.47 p.m. on 24/02/2022 to 0.35 a.m. on 25/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity; raised on appeal in the administrative proceedings,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 4,000   2091/23 03/12/2022 Aleksandra Vladimirovna LEZINA 1982 Zinovyev Konstantin Mikhaylovich Nizhniy Novgorod Manifestation against the war in Ukraine   Nizhniy Novgorod   01/03/2022 article 20.2 § 5 of CAO administrative fine of RUB   10,000 Nizhniy Novgorod Regional Court 04/08/2022 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 deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest on 28/03/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art.   27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity; raised in the administrative proceedings 4,000   2098/23 25/11/2022 Svetlana Antonovna SOLOVYEVA 1999     Manifestation against the war in Ukraine   Yekaterinburg   06/03/2022 article 20.2 § 5 of CAO administrative fine of RUB   15,000 Sverdlovsk Regional Court 28/07/2022 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 06/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity; the complaint was raised in the administrative proceedings,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 4,000   2108/23 17/12/2022 Darya Sergeyevna PROSUNTSOVA 1994     Manifestation against the war in Ukraine   Moscow   02/05/2022 article 20.2 § 5 of CAO administrative fine of RUB   15,000 Moscow City Court 17/08/2022 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 02/05/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity; the complaint was raised in the administrative proceedings,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 4,000   2630/23 20/12/2022 Aleksey Valeriyevich KONIN 1965     Manifestation against the war in Ukraine   Pushkinskaya Square, Moscow   25/02/2022 article 20.2 § 5 of CAO administrative fine of RUB   15,000 Moscow City Court 23/08/2022 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 deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention at the police station form 7.15 p.m. on 25/02/2022 to 2.30 a.m. on 26/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity; Detention as an administrative suspect: beyond the three-hour statutory period (Art.   27.5(1)-(4) CAO); the complaints raised in the administrative proceedings 4,000   3818/23 07/12/2022 Anna Sergeyevna MALITSKAYA 1988     Manifestation against the war in Ukraine   Manezhnaya Square, Moscow   02/03/2022 article 20.2 § 5 of CAO administrative fine of RUB   10,000 Moscow City Court 09/08/2022 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 deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest on 02/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity; raised in the administrative proceedings 4,000   4236/23 09/12/2022 Danil Rashidovich SADYKOV 1998     Manifestation against the war in Ukraine   Yekaterinburg   06/03/2022 article 20.2 § 5 of CAO fine of RUB   12,000 Sverdlovsk Regional Court 10/08/2022 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 deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 06/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity;   the complaint raised in the administrative proceedings 4,000   4475/23 08/01/2023 Tatyana Semenovna DRABKINA 1960     Manifestation against the war in Ukraine   Moscow   02/04/2022 article 20.2 § 5 of CAO administrative fine of RUB   10,000 Moscow City Court 09/09/2022 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 02/04/2022, from 2.30 p.m. to 11.30   p.m. - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO); the complaints were raised in the administrative proceedings,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 4,000   4918/23 13/01/2023 Alina Nailyevna LATYPOVA 1988 Sabirov Rim Faridovich Kazan Manifestation against the war in Ukraine   Kazan 23/03/2022 article 20.3.3 of CAO administrative fine of RUB   30,000 Supreme Court of the Tatarstan Republic 14/09/2022 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,     3,500   5339/23 28/12/2022 Nataliya Aleksandrovna TIKHONOVA 1992     Manifestation against the war in Ukraine   Moscow   02/04/2022 article 20.2 § 5 of CAO administrative fine of RUB   16,000 Moscow City Court 01/09/2022 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Detention took place between 3 p.m. and 7.30 p.m. on 02/04/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity; Detention on 22/06/2022 from 9.10 a.m. to 6   p.m. - Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO); the complaints were raised in the administrative proceedings,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 4,000   5981/23 12/01/2023 Oksana Alekseyevna MALININA 1993     Manifestation against the war in Ukraine   Moscow   13/03/2022 article 20.2 § 5 of CAO administrative fine RUB   15,000 Moscow City Court 13/09/2022 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 deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention from 2.07 p.m. to 10.50 p.m. on 13/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity, Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO); raised on appeal 4,000     [1] Plus any tax that may be chargeable to the applicants.Articles de loi cités
Article 11 CEDHArticle 11-1 CEDHArticle 5 CEDHArticle 5-1 CEDHArticle 6 CEDHArticle 6-1 CEDH
Citations
Aucune citation répertoriée pour cette décision.
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Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;JUDGMENTS;COMMITTEE;ENG
- Formation
- 29
- Date
- 27 juin 2024
- Matière
- droits fondamentaux
Référence
ECLI:CE:ECHR:2024:0627JUD000949420
Données disponibles
- Texte intégral