CEDH · CASELAW;JUDGMENTS;COMMITTEE;ENG — 4 juillet 2024
- ECLI
- ECLI:CE:ECHR:2024:0704JUD001135420
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- 4 juillet 2024
- Publication
- 4 juillet 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 - Administrative 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. 11354/20 and 31 others – see appended list)             JUDGMENT   STRASBOURG 4 July 2024   This judgment is final but it may be subject to editorial revision. In the case of Melnikov 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 13 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, 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”. 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 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. 13.     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 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 14.     Some applicants raised further additional complaints under Articles 5 and 6 of the Convention concerning other aspects of their deprivation of liberty and fairness of the administrative-offence proceedings. In view of the findings in paragraphs 11-13 above, the Court considers that there is no need to deal separately with these remaining complaints. 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 under Articles 5 and 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 Protocols 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 4 July 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 / criminal 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]     11354/20 07/02/2020 Aleksandr Andreyevich MELNIKOV 1993 Memorial Human Rights Centre Moscow Rally for fair elections   Moscow   27/07/2019 article 20.2 § 5 of CAO fine of RUB   15,000 Moscow City Court 06/09/2019 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 27/07/2019 for the sole 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 4,000     29164/20 18/06/2020 Tatyana Aleksandrovna TRETYAKOVA 1969 Mezak Ernest Aleksandrovich Saint-Barthélemy-d’Anjou Event against a waste dump construction, collecting funds to pay an administrative fine   Pomozdino, Komi Republic   04/07/2019   article 20.2 § 2 of CAO fine of RUB   10,000 Supreme Court of the Komi Republic 18/09/2019 Art. 5 (1) - unlawful detention - arrest, escorting to a police station on 04/07/2019 for the sole 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 4,000     36963/21 30/06/2021 Dmitriy Romanovich DEMCHUK 1998 Bochilo Anna Yevgenyevna Barnaul Rally in support of A.   Navalnyy   Moscow   23/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 11/05/2021 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 23/01/2021 for the sole purpose of drawing up a record of administrative offence (such record only compiled on 25/01/2021) 4,000     36971/21 16/07/2021 Sergey Nikolayevich BORISOV 1986 Memorial Human Rights Centre Moscow Rally in support of A.   Navalnyy   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB   15,000 Moscow City Court 30/03/2021 Art. 5 (1) - unlawful detention - arrest and detention on 31/01/2021 for the sole 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 4,000     37174/21 06/07/2021 Irina Nikolayevna YOVZHIY 1988 Kurochko Yelena Viktorovna Vologda Rally in support of A.   Navalnyy   Vologda   31/01/2021 article 20.2 § 5 of CAO community service of 25   hours Vologda Regional Court 26/05/2021   3,500     37219/21 08/07/2021 Vitaliy Pavlovich DEREVYASHKIN 1998 Shimovolos Sergey Mikhaylovich Nizhniy Novgorod Rally in support of A.   Navalnyy   Nizhniy Novgorod   31/01/2021   article 20.2 § 5 of CAO fine of RUB   10,000 Nizhniy Novgorod Regional Court 20/05/2021 Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 31/01/2021 for the sole 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 4,000     37847/21 09/07/2021 Yeva Nikolayevna SOKOLOVA 1988 Antokhin Yevgeniy Vyacheslavovich Moscow Manifestation in support of A.   Navalnyy   Moscow   31/01/2021 article 20.2 §   6.1 of CAO administrative detention of 3   days Moscow City Court 10/03/2021 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 31/01/2021 and 02/02/2021 as administrative suspect, pending trial, after the offence record was compiled,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO 5,000     37912/21 16/07/2021 Aleksandr Yuryevich VLASOV 1982 Memorial Human Rights Centre Moscow Rally in support of A.   Navalnyy   Moscow   02/02/2021 article 20.2 §   6.1 of CAO administrative detention of 12 days Moscow City Court 09/02/2021 Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention between 02/02/2021 and 03/02/2021 as administrative suspect, pending trial, after the offence record was compiled,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO       5,000     38167/21 16/07/2021 Sergey Vladimirovich IVANOV 1992 Memorial Human Rights Centre Moscow Rally in support of A.   Navalnyy   Kazan   31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Supreme Court of the Tatarstan Republic 05/05/2021 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial, after the offence record was compiled   4,000   38173/21 16/07/2021 Tit Nikolayevich MIKHAYLOV 1985 Memorial Human Rights Centre Moscow Rally in support of A.   Navalnyy   Moscow   23/01/2021 article 20.2 § 5 of CAO fine of RUB   15,000 Moscow City Court 19/05/2021 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 23/01/2021 for the sole 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 4,000   38190/21 14/07/2021 Petr Aleksandrovich IVANOV 1990 Pershakova Yelena Yuryevna Moscow Manifestation in support of A.   Navalnyy   Astrakhan   23/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Astrakhan Regional Court 19/02/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 3,500   38355/21 02/07/2021 Kirill Yevgenyevich ZUYEVSKIY 1979 Memorial Human Rights Centre Moscow Rally in support of A.   Navalnyy   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 17/05/2021 Art. 5 (1) - unlawful detention – arrest, escorting to a police station and detention on 31/01/2021 for the sole 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 4,000   38942/21 22/07/2021 Ali Khadiyevich AL ‑ VASITI 1989 Memorial Human Rights Centre Moscow Rally in support of A.   Navalnyy   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 17/05/2021 Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 31/01/2021 for the sole 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 4,000   38946/21 02/07/2021 Ivan Petrovich RYGAYEV 1975 Memorial Human Rights Centre Moscow Rally in support of A.   Navalnyy   Moscow   31/01/2021 article 20.2 §   6.1 of CAO administrative detention of 12 days Moscow City Court 11/02/2021 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial and after the offence record had been compiled,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO 5,000   39225/21 28/07/2021 Igor Vyacheslavovich SHKARIN 1989 Memorial Human Rights Centre Moscow Rally in support of A.   Navalnyy   Moscow   02/02/2021 article 20.2 §   6.1 of CAO administrative detention of 10 days Moscow City Court 09/02/2021 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 03/02/2021 and 04/02/2021 as administrative suspect, pending trial and after the offence record had been compiled,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO 5,000   39233/21 28/07/2021 Aleksandr Anatolyevich FOMINOV 1987 Memorial Human Rights Centre Moscow Rally in support of A.   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 detention - arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial and after the offence record had been compiled,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO 5,000   39255/21 28/07/2021 Erik Arshakovich GISHYAN 1995 Memorial Human Rights Centre Moscow Rally in support of A.   Navalnyy   Moscow   31/01/2021 article 20.2 §   6.1 of CAO administrative detention of 8   days Moscow City Court 12/03/2021 Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial and after the offence record had been compiled,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO 5,000   39342/21 22/07/2021 Vasiliy Alekseyevich MAKSIMOV 1994 Memorial Human Rights Centre Moscow Rally 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 detention – arrest, escorting to a police station, detention between 31/01/2021and 02/02/2021 as administrative suspect, pending trial and after the offence record had been compiled,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO 5,000   39553/21 29/07/2021 Valentin Aleksandrovich FEDKIN 1977 Eysmont Mariya Olegovna Moscow Rally in support of A.   Navalnyy   Moscow   31/01/2021 article 20.2 §   6.1 of CAO administrative detention of 6   days Moscow City Court 05/02/2021 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial and after the offence record had been compiled,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 5,000   39723/21 28/07/2021 Rail Insharovich SHARAFUTDINOV 1994 Memorial Human Rights Centre Moscow Rally in support of A.   Navalnyy   Moscow   23/01/2021     article 20.2 § 5 of CAO fine of RUB   15,000 Moscow City Court 22/03/2021 Art. 5 (1) - unlawful detention - arrest and detention on 23/01/2021 for the sole 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 4,000   39803/21 27/07/2021 Nikita Nikolayevich MOLODORYA 2002 Memorial Human Rights Centre Moscow Rally in support of A.   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 detention - arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial and after the offence record had been compiled,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO 5,000   39873/21 29/07/2021 Yuriy Vladimirovich YEPANECHNIKOV 2002 Eysmont Mariya Olegovna Moscow Rally in support of A.   Navalnyy   Moscow   31/01/2021 article 20.2 §   6.1 of CAO administrative detention of 8   days   Moscow City Court 05/02/2021 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial and after the offence record had been compiled,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 5,000   39884/21 27/07/2021 Aleksandr Sergeyevich MINKOV 1988 Memorial Human Rights Centre Moscow Rally in support of A.   Navalnyy   St Petersburg   31/01/2021 article 20.2 §   6.1 of CAO administrative detention of 10 days St   Petersburg City Court 09/03/2021 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial and after the offence record had been compiled,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO 5,000   39892/21 27/07/2021 Irina Viktorovna GARMAKOVA 1968 Memorial Human Rights Centre Moscow Rally in support of N.   Platoshkin   Moscow   25/07/2020 article 20.2 § 5 of CAO fine of RUB   20,000 Moscow City Court 28/01/2021 Art. 5 (1) - unlawful detention - arrest and escorting to a police station on 25/07/2020, in excess of three hours, for the sole purpose of drawing up a record of administrative offence (such record only compiled on 05/08/2020),   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 4,000   39895/21 27/07/2021 Arina Aleksandrovna PAN 1999 Memorial Human Rights Centre Moscow Rally in support of A.   Navalnyy   Moscow   02/02/2021 article 20.2 §   6.1 of CAO administrative detention of 10 days Moscow City Court 09/02/2021 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 02/02/2021 to 03/02/2021 as administrative suspect, pending trial and after the offence record had been compiled,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO 5,000   40056/21 27/07/2021 Vasiliy Borisovich MOKIN 1993 Memorial Human Rights Centre Moscow Rally in support of A.   Navalnyy   Moscow   23/01/2021 article 20.2 §   6.1 of CAO administrative detention of 10 days Moscow City Court 28/01/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO 5,000   40058/21 27/07/2021 Aleksandr Borisovich MOKIN 1996 Memorial Human Rights Centre Moscow Rally in support of A.   Navalnyy   Moscow   23/01/2021 article 20.2 §   6.1 of CAO administrative detention of 10 days Moscow City Court 28/01/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO 5,000   40062/21 27/07/2021 Daniil Svyatoslavovich OLEYNIK 1996 Memorial Human Rights Centre Moscow Rally in support of A.   Navalnyy   Moscow   31/01/2021 article 20.2 §   6.1 of CAO administrative detention of 7   days Moscow City Court 03/02/2021 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial and after the offence record had been compiled,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO 5,000   40159/21 21/07/2021 Dmitriy Yuryevich ZARUBIN 1988 Solovyev Leonid Alekseyevich Moscow Rally in support of A.   Navalnyy   Moscow   23/01/2021 article 20.2 § 5 of CAO community service of 35   hours Moscow City Court 12/03/2021 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 23/01/2021 for the sole 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 4,000   40164/21 21/07/2021 Daniil Yevgenyevich SHATRAVIN 2000 Solovyev Leonid Alekseyevich Moscow Rally in support of A.   Navalnyy   Moscow   23/01/2021 article 20.2 § 5 of CAO fine of RUB   15,000 Moscow City Court 28/04/2021 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 23/01/2021 for the sole purpose of drawing up a record of administrative offence (such record only compiled on 26/01/2021),   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 4,000   40181/21 21/07/2021 Artem Vladimirovich VLASOV 1994 Solovyev Leonid Alekseyevich Moscow Rally in support of A.   Navalnyy   Moscow   23/01/2021 article 20.2 § 5 of CAO community service of 35   hours Moscow City Court 28/04/2021 Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 23/01/2021 for the sole purpose of drawing up a record of administrative offence (such record only compiled on 26/01/2021),   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 4,000   38020/22 06/07/2022 Olga Valeryevna DEMIDOVA 1989 Kabirov Rushan Rafisovich Kazan Anti-war rally   Kazan   27/02/2022 article 20.2 § 5 of CAO fine of RUB   5,000 Supreme Court of the Republic of Tatarstan 27/04/2022 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 27/02/2022 for the sole purpose of drawing up a record of administrative offence 4,000     [1] Plus any tax that may be chargeable to the applicants.Articles de loi cités
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Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;JUDGMENTS;COMMITTEE;ENG
- Formation
- 25
- Date
- 4 juillet 2024
- Matière
- droits fondamentaux
Référence
ECLI:CE:ECHR:2024:0704JUD001135420
Données disponibles
- Texte intégral