CEDH · CASELAW;JUDGMENTS;COMMITTEE;ENG — 4 juillet 2024
- ECLI
- ECLI:CE:ECHR:2024:0704JUD004912621
- Date
- 4 juillet 2024
- Publication
- 4 juillet 2024
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Solution
source officielleViolation of Article 11 - Freedom of assembly and association (Article 11-1 - Freedom of peaceful assembly);Violation of Article 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);Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention)
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RUSSIA (Applications nos. 49126/21 and 37 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 Konina 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, 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 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.     In view of the above findings, the Court considers that there is no need to deal separately with the applicants’ complaints under Article 6 of the Convention concerning alleged restrictions on the right to examine witnesses. 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 decides 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 Protocols thereto 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 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 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]     49126/21 12/09/2021 Galina Aleksandrovna KONINA 1962 Bochilo Anna Yevgenyevna Barnaul Picket in support of protests in Belarus   Kaliningrad 22/08/2020   Solidarity Manifestation with protesters in Khabarovsk   Kaliningrad 29/08/2020   Solidarity Manifestation with protesters in Khabarovsk   Kaliningrad 12/09/2020     Solidarity Manifestation with protesters in Khabarovsk   Kaliningrad 10/10/2020   Solidarity Manifestation with protesters in Khabarovsk   Kaliningrad 24/10/2020 article 20.2 § 5 of CAO             article 20.2 § 5 of CAO             article 20.2 § 5 of CAO               article 20.2 § 5 of CAO             article 20.2 § 5 of CAO fine of RUB 10,000             fine of RUB 10,000             fine of RUB 10,000               fine of RUB   10,000             fine of RUB   10,000 Kaliningrad Regional Court 15/06/2021         Kaliningrad Regional Court 01/06/2021         Kaliningrad Regional Court 20/04/2021         Kaliningrad Regional Court 30/03/2021         Kaliningrad Regional Court 11/05/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - the complaint was raised in respect of the proceedings which ended on 30/03/2021 and 15/06/2021 3,500     13131/22 17/02/2022 Stepan Vladimirovich SOLOVYEV 1987 Memorial Human Rights Centre Moscow Rally in support of Navalnyy   Moscow 31/01/2021 article 20.2 §   6.1 of CAO administrative detention of 7   days Moscow City Court 23/08/2021 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 by the trial court was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO 5,000     14823/22 27/02/2022 Dmitriy Sergeyevich PERMYAKOV 1996 Polyakov Daniil Alekseyevich Voronezh Rally in support of Navalnyy   Voronezh 21/04/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Voronezh Regional Court 31/08/2021 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 7.40 p.m. on 21/04/2021 to 5.20 a.m. on 22/04/2021 - 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; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO), (raised in the administrative proceedings)   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings 4,000     23047/22 15/04/2022 Dmitriy Sergeyevich YELISEYEV 1991 Memorial Human Rights Centre Moscow Rally in support of Navalnyy   Arkhangelsk 31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Arkhangelsk Regional Court 28/10/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest on 31/01/2021 for the sole purpose of drawing a record of administrative offence (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     44864/22 08/09/2022 Dmitriy Petrovich ANDROSOV 1990 Baranova Natalya Andreyevna Moscow Manifestation against Mr   Putin’s presidency   Moscow 21/11/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 11/05/2022 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest on 21/11/2021- 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     50670/22 04/10/2022 Veronika Andreyevna KUKUSHKINA 2000 Sirinova Olga Vladimirovna St Petersburg Manifestation   St Petersburg 02/03/2022 article 20.2 §   6.1 of CAO fine of RUB   10,000 St Petersburg City Court 07/07/2022   3,500     50872/22 15/10/2022 Viktoriya Vadimovna KAMAYEVA 1996 Lapuzin Aleksey Sergeyevich Samara Anti-war manifestation   Samara 27/02/2022 article 20.2 § 5 of CAO fine of RUB   10,000 Samara Regional Court 16/06/2022 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 3.40 p.m. to 9.30 p.m. on 27/02/2022 - Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (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     50878/22 19/10/2022 Yekaterina Igorevna IVANOVA 1984 Baranova Natalya Andreyevna Moscow Anti-war manifestation   Moscow 24/02/2022 article 20.2 § 5 of CAO fine of RUB   20,000 Moscow City Court 21/06/2022 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 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) 4,000     51217/22 20/10/2022 Nikolay Aleksandrovich TEPLOV 1982 Ivanov Nikifor Yuryevich St Petersburg Anti-war manifestation   St Petersburg 24/02/2022 article 20.2.2 §   1 of CAO fine of RUB   5,000 St Petersburg City Court 21/06/2022 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   51427/22 22/10/2022 Aleksandr Gennadyevich CHERNETSOV 1986 Kartashov Konstantin Borisovich Penza Manifestation against online voting   Penza 24/03/2022 article 20.2 § 5 of CAO 20 hours of community service Penza Regional Court 23/06/2022 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative ‑ offence proceedings 3,500   54417/22 02/11/2022 Arkadiy Mikhaylovich BURDIN 1987 Baranova Nataliya Andreyevna Moscow Anti-war manifestation   Moscow 25/02/2022 article 20.2 § 5 of CAO fine of RUB   20,000 Moscow City Court 13/07/2022 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 from 7.30 p.m. on 25/02/2022 to 4.00 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) (raised in the administrative proceedings) 4,000   54522/22 03/11/2022 Konstantin Victorovich BOGOSLAVSKIY 1982 Baranova Natalya Andreyevna Moscow Anti-war protest   Moscow 24/02/2022 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 13/07/2022 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 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)     4,000   55440/22 01/11/2022 Yevgeniya Aleksandrovna MAKSIMOVA 1966 Baranova Nataliya Andreyevna Moscow Anti-war manifestation   Moscow 24/02/2022 article 20.2 § 5 of CAO fine of RUB   20,000 Moscow City Court 15/07/2022 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 from 7.30 p.m. on 24/02/2022 to 5.05 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; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (raised in the administrative proceedings) 4,000   55473/22 02/11/2022 Nariman Umalatovich SULTANOV 1968 Baranova Natalya Andreyevna Moscow Anti-war manifestation   Moscow 13/03/2022 article 20.2 § 5 of CAO 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 from 3.45 p.m. on 13/03/2022 to 1.20 a.m. on 14/03/2022 - 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 in the administrative proceedings) 4,000   55762/22 15/11/2022 Anastasiya Ruslanovna RUL 2002 Prosvirkina Kseniya Dmitriyevna Moscow Anti-war protest   Moscow 28/02/2022 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 15/07/2022 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 from 7.50 p.m. on 28/02/2022 to 1 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) (raised in the administrative proceedings)     4,000   55881/22 19/11/2022 Lidiya SUBBOTINA 1996     Anti-war manifestation   Moscow 24/02/2022 article 20.2 § 5 of CAO 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 - 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) 4,000   55970/22 24/11/2022 Tatyana Grigoryevna ROSHCHINA 1956 Arshinova Valeriya Aleksandrovna Moscow Anti-war manifestation   Moscow 06/03/2022 article 20.2 § 6.1 of CAO fine of RUB   20,000 Moscow City Court 25/07/2022 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   36/23 11/11/2022 Igor Andreyevich POLETAYEV 1985     Anti-war manifestation   Moscow 06/03/2022 article 20.2 § 5 of CAO fine of RUB   12,000 Moscow City Court 19/07/2022 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   300/23 09/11/2022 Stepan Georgiyevich MAKSIMOV 1993     Manifestation against the war in Ukraine   Moscow 24/02/2022 article 20.2 § 5 of CAO fine of RUB   15,000 Moscow City Court 11/07/2022 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 from 24/02/2022 to 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 in the administrative proceedings) 4,000   926/23 28/11/2022 Gleb Yevgenyevich KOSAREV 1991     Anti-war manifestation   Kazan 06/03/2022 article 20.2 § 5 of CAO fine of RUB   10,000 Supreme Court of the Tatarstan Republic 27/07/2022 (served on the applicant on the following day) 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 2.50 p.m. on 06/03/2022 to 3.40. a.m. on 08/03/2022 - 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 in the administrative proceedings) 4,000   1057/23 26/12/2022 Darya Valeryevna IVANOVA 1994     Anti-war manifestation   Moscow 20/03/2022 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 15/09/2022 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 on 20/03/2022 - 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   1502/23 19/12/2022 Aleksey Andreyevich ILYUSHKIN 2003     Anti-war manifestation   Moscow 24/02/2022 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 23/08/2022 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 9 p.m. on 24/02/2022 to 4.50 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; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (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   1506/23 24/12/2022 Marina Alekseyevna SHUMSKIKH 1967     Anti-war manifestation   Moscow 24/02/2022 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 05/09/2022 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 7.15 p.m. on 24/02/2022 to 2 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; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (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   1511/23 23/12/2022 Mikhail Vladimirovich LEBEDEV 2003     Anti-war manifestation   Moscow 28/02/2022 article 20.2 § 5 of CAO fine of RUB   20,000 Moscow City Court 23/08/2022 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 28/02/2022 - 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   1555/23 16/12/2022 Konstantin Vladimirovich ANTONOV 1983 Vasilchenko Olesya Anatolyevna Minyar Anti-war manifestation   St Petersburg 06/03/2022 article 20.2.2 § 1 of CAO fine of RUB   10,000 St Petersburg City Court 29/09/2022 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 2.15 p.m. on 06/03/2022 to 5 p.m. on 07/03/2022 - 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 in the domestic proceedings) 4,000   1561/23 16/12/2022 Yelizaveta Yevgenyevna SINYUTKINA 2001 Vasilchenko Olesya Anatolyevna Minyar Manifestation against the war in Ukraine   St Petersburg 06/03/2022 article 20.2.2 § 1 of CAO fine of RUB   10,000 St Petersburg City Court 29/09/2022 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 5 p.m. on 06/03/2022 to 5 p.m. on 07/03/2022 - 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 in the administrative proceedings) 4,000   1620/23 13/12/2022 Darya Nikolayevna YURCHENKO 2001 Zyryanova Mariya Sergeyevna St Petersburg Anti-war manifestation   St Petersburg 27/02/2022 article 20.2.2 §   1 of CAO fine of RUB   15,000 St Petersburg City Court 13/08/2022 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 27/02/2019 - 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: the applicant remained in detention 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 4,000   2129/23 23/12/2022 Yuliya Romanovna PUGACHEVA 1996     Anti-war manifestation   Moscow 02/04/2022 article 20.2 § 5 of CAO fine of RUB   20,000 Moscow City Court 23/08/2022 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 02/04/2022 - 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 (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   2141/23 25/11/2022 Nadezhda Olegovna KHALDEYEVA 1993 Baranova Nataliya Andreyevna Moscow Anti-war manifestation   Moscow 06/03/2022 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 29/07/2022 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 5.20 p.m. on 06/03/2022 to 5.10 a.m. on 07/03/2022 - 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 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   2158/23 01/12/2022 Denis Aleksandrovich PONOMAREV 1974 Baranova Natalya Andreyevna Moscow Anti-war manifestation   Moscow 06/03/2022 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 29/09/2022 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 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)         4,000   2161/23 09/12/2022 Grigoriy Nikolayevich TIKHONOV 2001     Anti-war manifestation   Moscow 06/03/2022 article 20.2 § 5 of CAO fine of RUB   10,000 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 2 p.m. to 10   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) (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   2165/23 30/11/2022 Yevgeniya Vladislavovna KOVESHNIKOVA 1979 Baranova Natalya Andreyevna Moscow Anti-war manifestation   Moscow 06/03/2022 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 11/08/2022 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 2.40 p.m. to 11.15 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) (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   2300/23 04/01/2023 Andrey Yevgenyevich POVALIKHIN 1979 Bochilo Anna Yevgenyevna Barnaul Anti-war manifestation   Moscow 06/03/2022 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 23/08/2022 ( the applicant obtained a copy of the final decision after 02/12/2022) 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   2305/23 12/12/2022 Anastasiya Sergeyevna ARISTARKHOVA 1989 Shindyapin Arkadiy Vitalyevich Moscow Women’s anti-war march   Moscow 06/03/2022 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 15/08/2022 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative ‑ offence proceedings 4,000   2365/23 04/01/2023 Oleg Rostislavovich MIROSHNIKOV 1979 Bochilo Anna Yevgenyevna Barnaul Anti-war manifestation   Moscow 06/03/2022 article 20.2 § 5 of CAO fine of RUB   15,000 Moscow City Court 07/09/2022 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 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   2440/23 18/12/2022 Darya Valeryevna SIMONOVA 1998 Zyryanova Mariya Sergeyevna St Petersburg Anti-war manifestation   St Petersburg 27/02/2022 article 20.2.2 §   1 of CAO fine of RUB   15,000 St Petersburg City 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 on 27/02/2022 - 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) 4,000   2478/23 18/12/2022 Polina Vasilyevna SEMENOVA 2000 Zyryanova Mariya Sergeyevna St Petersburg Anti-war manifestation   St Petersburg 27/02/2022 article 20.2.2 §   1 of CAO fine of RUB   15,000 St Petersburg City 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 on 27/02/2022 - 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 (raised in the administrative proceedings)         4,000   2655/23 26/12/2022 Aleksey Nikolayevich NAZAROV 1982     Manifestation against the war in Ukraine   Moscow 06/03/2022 article 20.2 § 5 of CAO fine of RUB   20,000 Moscow City Court 29/08/2022 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 (raised in the administrative proceedings) 4,000     [1] Plus any tax that may be chargeable to the applicants.Articles de loi cités
Citations
Aucune citation répertoriée pour cette décision.
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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:2024:0704JUD004912621
Données disponibles
- Texte intégral