CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 2 mars 2023
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- ECLI:CEDH:001-223787
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- 2 mars 2023
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- 2 mars 2023
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.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s40F41F73 { margin-top:0pt; margin-bottom:0pt; text-align:right } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s34DFC730 { margin-top:0pt; margin-bottom:0pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s54AB6003 { margin-top:66pt; margin-bottom:14pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .sE7C30868 { margin-top:12pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s2D9C6089 { margin-top:12pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .sA36B60A1 { font-family:Arial; font-style:italic } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s4ACA9207 { page-break-before:always; clear:both; mso-break-type:section-break } .s6DB91820 { text-align:center } .s8BB62139 { margin-right:auto; margin-left:auto; border-collapse:collapse } .s3695F815 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top; background-color:#dfdfdf } .sDF237D91 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:8pt } .sEECE831 { font-family:Arial; font-weight:bold; color:#474747 } .sE8934522 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top } .s6B505E72 { margin:0pt; padding-left:0pt } .s4F2ADFDB { text-align:center; font-family:Arial; font-size:8pt; list-style-position:inside } .sBB6163A7 { width:2.48pt; font:7pt 'Times New Roman'; display:inline-block } .s5FFF0A7E { margin-top:0pt; margin-bottom:0pt; font-size:8pt } Published on 27 March 2023   SECOND SECTION Application no.   5053/18 Roman Aydarovich ABDULMANOV against Russia and 30 other applications (see list appended) PROCEDURAL INFORMATION Following a preliminary examination of the admissibility of the applications on 2 March 2023, the Court decided, under Rule 54 § 2 (b) of the Rules of Court, that notice of the applications should be given to the Government of Russia. In the applications marked by an asterisk, other complaints were raised. This part of the applications has been struck out of the Court’s list of cases or declared inadmissible by the Court, sitting in a single-judge formation, assisted by a rapporteur as provided for in Article 24 § 2 of the Convention. In the enclosed list of applications, whenever an applicant is referred to using initials, this indicates that the Court has authorised anonymity for that person, whose identity will not be disclosed to the public (Rule 47 § 4). For further information on the procedure following communication of an application brought against Russia, subject of well-established case law of the Court, please refer to the Court’s website . SUBJECT MATTER The applications concern the complaints raised under Article 11 of the Convention relating to the disproportionate measures against organisers and participants of public assemblies which are the subject of well-established case law of the Court (see 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).   APPENDIX – STATEMENT OF FACTS List of applications raising complaints under Article 11 of the Convention (disproportionate measures against organisers and participants of public assemblies) No. Application no. Date of introduction Applicant’s name Year of birth   Representative’s name and location Name of the public event Location Date Administrative charges Penalty Final domestic decision Court Name Date Other complaints under well-established case-law     5053/18* 08/01/2018 Roman Aydarovich ABDULMANOV 1984 Konstantin Ilyich Terekhov Moscow Anti-corruption manifestation   St Petersburg   12/06/2017   Anti-corruption manifestation   St Petersburg   12/06/2017 Article 19.3 § 1 of CAO         Article 20.2 § 5 of CAO administrative detention of 5 days         administrative fine of RUB 12,000 St Petersburg City Court 20/07/2017       St Petersburg City Court 25/07/2017 Art. 5 (1) - unlawful escorting and detention on 12/06/2017 at the police station as an administrative suspect for the purpose to draw up an administrative-offence record, without any “exceptional circumstances” (see Korneyeva v. Russia , no. 72051/17, §§ 34-35, 8 October 2019; Ryabinina and Others v.   Russia [Committee], nos. 50271/06 and 8 others, §   35, 2 July 2019, Butkevich v. Russia , no. 5865/07, §§   63-64, 13 February 2018; Tsvetkova and Others v.   Russia , nos. 54381/08 and 5 others, §§ 121-22, 10   April 2018)   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings described under Art. 11 (see Karelin v. Russia , no. 926/08, §§ 69-84, 20   September 2016)   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - lack of suspensive effect of an appeal against the sentence of 5 days of administrative detention. Immediate execution of that sentence after conviction by a trial court (see Tsvetkova and Others , cited above, §§ 179-91; Martynyuk v. Russia , no. 13764/15, §§   38 ‑ 42, 8 October 2019)     37350/19* 29/06/2019 Aleksandr Vladimirovich BUIMOV 1994 Nikolay Sergeyevich Zboroshenko Mytishchi March   Moscow   15/02/2019   Manifestation against construction of highway Ugo-Vostochnaya Khorda   Moscow   19/03/2020 Article 20.2 § 8 of CAO         Article 20.2 §   6.1 of CAO administrative detention of 20 days         administrative fine of RUB 10,000 Moscow City Court 27/02/2019       Moscow City Court 24/08/2020 Art. 5 (1) - unlawful escorting and detention from 20/02/2019 to 19/03/2020 at the police station as an administrative suspect for the purpose to draw up an administrative-offence record, without any “exceptional circumstances” (see Korneyeva , §§ 34-35; Ryabinina and Others , §   35, Butkevich , §§ 63-64; Tsvetkova and Others , §§ 121-23, all cited above)   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings described under Art. 11 (see Karelin , cited above, §§ 69-84)     1777/20* 21/12/2019 Sergey Yuryevich TIUNOV 1968 Irina Yuryevna Ruchko Yekaterinburg Political manifestation   Yekaterinburg   07/07/2019 Article 20.2 § 2 of CAO administrative detention of 5 days Sverdlovsk Regional Court 16/07/2019 Art. 5 (1) - unlawful escorting and detention on 08/07/2019 at the police station as an administrative suspect for the purpose to draw up an administrative-offence record, without any “exceptional circumstances” (see Korneyeva , §§ 34-35; Ryabinina and Others , §   35, Butkevich , §§ 63-64; Tsvetkova and Others , §§ 121-22, all cited above)   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings described under Art. 11 (see Karelin , cited above, §§ 69-84)   Art. 6 (1) and (3) (d) - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based (police officers arrested the applicant after his participation in the solo picketing on 24/02/2022)   Art. 10 (1) - conviction for making calls to participate in public events - Final decision: 06/11/2019, Sverdlovsk Regional Court, Art. 20.2 § 8 of the CAO, penalty: 100 hours of community works (see Elvira Dmitriyeva v. Russia , nos. 60921/17 and 7202/18, §§   77-90, 30 April 2019)   Art. 10 (1) - disproportionate measures against solo demonstrators - solo picketing against war in Ukraine on 24/02/2022, final decision: on 03/03/2022, Sverdlovsk Regional Court, penalty: 30 days of administrative detention (see Novikova and Others v.   Russia , nos. 25501/07 and 4 others, 26 April 2016)     3183/20* 27/12/2019 Ruslan Vladimirovich TIMIRGALEYEV 1979     Manifestation against demolition of a public bath   Kazan   28/10/2019 Article 20.1 § 1 of CAO administrative detention of 5 days Supreme Court of the Tatarstan Republic 01/11/2019 Art. 5 (1) - unlawful escorting and detention on 28/10/2019 at the police station as an administrative suspect for the purpose to draw up an administrative-offence record, without any “exceptional circumstances”; the applicant remained in detention after the offence record had been compiled (see Korneyeva , §§ 34-35; Ryabinina and Others , §   35, Butkevich , §§ 63-64; Tsvetkova and Others , §§ 121-22, all cited above)   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative ‑ offence proceedings described under Art. 11 (see Karelin , cited above, §§ 69-84)   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant by the court of first instance was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO (see Tsvetkova and Others , §§ 179-91; Martynyuk , §§ 38-42, both cited above)     3189/20 12/12/2019 Viktor Nikolayevich CHEKRYGIN 1972 Igor Nikolayevich Sholokhov Kazan March and manifestation against construction of a disposal site   Arkhangelsk   07/04/2019 Article 20.2 § 5 of CAO   Article 20.2 § 6.1 of CAO Administrative fines of RUB 15,000 for each breach of Article of CAO Arkhangelsk Regional Court 22/10/2019 in both sets of the proceedings Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings described under Art. 11 (see Karelin , cited above, §§ 69-84)   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings Conviction of two administrative offences for participating in one public assembly - March and Manifestation on 70/04/2019. Overlap of the facts constituting the basis for the applicant’s prosecution in the second set of proceedings with substantially the same facts underlying his conviction in the first set of proceedings. Final decision in both sets of proceedings – 22/10/2019, Arkhangelsk Regional Court; Art. 20.2 § 6.1 CAO and Art. 20.2 § 5 CAO (see Korneyev a, cited above, §§   58 ‑ 65)     8425/20 24/01/2020 Vladislav Dmitriyevich SIVKOV 1996 Igor Nikolayevich Sholokhov Kazan March and manifestation against construction of a disposal site   Arkhangelsk   07/04/2019 Two separate counts of administrative charges under Article 20.2 § 8 of CAO administrative fines of RUB 160,000 and   155,000 respectively Arkhangelsk Regional Court 17/09/2019 in both sets of the proceedings Art. 5 (1) - unlawful escorting and detention from 21/08/2019 to 22/08/2019 at the police station as an administrative suspect for the purpose to draw up an administrative-offence record, without any “exceptional circumstances”; the applicant remained in detention after the offence record had been compiled (see Korneyeva , §§ 34-35; Ryabinina and Others , §   35, Butkevich , §§ 63-64; Tsvetkova and Others , §§ 121-23, all cited above)   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings described under Art. 11 (see Karelin , cited above, §§ 69-84)   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings Conviction of two administrative offences for participating in one public assembly - March and Manifestation on 07/04/2019. Overlap of the facts constituting the basis for the applicant’s prosecution in the second set of proceedings with substantially the same facts underlying his conviction in the first set of proceedings. Final decision in both sets of proceedings – 17/09/2019, Arkhangelsk Regional Court. Art. 20.2 § 8 of CAO (see Korneyev a, cited above, §§ 58-65)     8438/20 24/01/2020 Yelizaveta Vladimirovna KHATANZEYSKAYA 1987 Igor Nikolayevich Sholokhov Kazan March and manifestation against construction of a disposal site   Arkhangelsk   07/04/2019 Article 20.2 §   6.1 of CAO, Article 20.2 § 5 of CAO Two administrative fines of RUB 10,000 each Arkhangelsk Regional Court, 17/10/2019 and 05/12/2019 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings described under Art. 11 (see Karelin , cited above, §§ 69-84)   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings Conviction of two administrative offences for participating in one public assembly - March and Manifestation on 07/04/2019. Overlap of the facts constituting the basis for the applicant’s prosecution in the second set of proceedings with substantially the same facts underlying his conviction in the first set of proceedings. Final decisions: Arkhangelsk Regional Court, 17/10/2019 and 05/12/2019 (see Korneyev a, cited above, §§ 58-65)     10931/20 22/02/2020 Petr Andreyevich YATSENKO 1990   Memorial Human Rights Centre Moscow Manifestation for fair elections to Mosgorduma   Moscow   27/07/2019 Article 20.2 § 6 of CAO Administrative fine of RUB 20,000 Moscow City Court 22/08/2019 Art. 5 (1) - unlawful escorting and detention from 27/07/2019 to 29/07/2019 at the police station as an administrative suspect for the purpose to draw up an administrative-offence record, without any “exceptional circumstances”; the applicant remained in detention after the offence record had been compiled (see Korneyeva , §§ 34-35; Ryabinina and Others , §   35, Butkevich , §§ 63-64; Tsvetkova and Others , §§ 121-23, all cited above)   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings described under Art. 11 (see Karelin , cited above, §§ 69-84)     26338/20 25/03/2020 Yelena Ilyinichna FOKINA 1985 Igor Nikolayevich Sholokhov Kazan March and manifestation against construction of a disposal site   Arkhangelsk   07/04/2019   Manifestation in support of Navalnyy   Arkhangelsk   23/01/2021 Article 20.2 §   6.1 of CAO, Article 20.2 § 5 of CAO       Article 20.2 § 6.1 of CAO Two administrative fines of RUB 10,000 each         administrative fine of RUB 2,000 Arkhangelsk Regional Court, 17/10/2019 and 12/12/2019       Arkhangelsk Regional Court 16/03/2021 Art. 5 (1) - unlawful escorting and detention on 31/01/2021, at the police station as an administrative suspect for the purpose to draw up an administrative-offence record, without any “exceptional circumstances” (see Korneyeva , §§ 34-35; Ryabinina and Others , §   35, Butkevich , §§ 63-64; Tsvetkova and Others , §§ 121-22, all cited above)   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings described under Art. 11 (see Karelin , cited above, §§ 69-84)   Art. 6 (1) and (3) (d) - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based (final decisions of the Arkhangelsk Regional Court of 16/03/2021 and 7/04/2021),   Art. 10 (1) - conviction for making calls to participate in public events - Conviction under Art. 20.2 of CAO to a fine of RUB 20,000 for calling on the public to participate in an unauthorised public event (see Elvira Dmitriyeva , cited above, §§ 77-90)   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - two separate prosecutions and administrative convictions under A20.2 CAO for participating in one “hybrid” public assembly - March and Manifestation on 07/04/2019. Overlap of the facts constituting the basis for the applicant’s prosecution in the second set of proceedings with substantially the same facts underlying his conviction in the first set of proceedings. Final decisions: Arkhangelsk Regional Court, 17/10/2019 and 12/12/2019 (see Korneyev a, cited above, §§ 58-65)   33630/20* 22/07/2020 Svetlana Anatolyevna MARINA 1967 Inna Viktorovna Kosheleva Kirov Manifestation against political repressions   Kirov   29/10/2019   Manifestation in support of Navalnyy   Kirov   23/01/2021   Manifestation against political repressions   Kirov   06/01/2022 Article 20.2.2 §   1 of CAO           Article 20.2 § 8 of CAO         Article 20.2.2 §   1 of CAO administrative fine of RUB 5,000           administrative detention of 5 days         administrative fine of RUB 10,000 Kirov Regional Court 23/01/2020         Kirov Regional Court 04/03/2021       Kirov Regional Court 22/04/2022 Art. 5 (1) - unlawful detention, two counts: respectively on 27/01/2021 and on 24/02/2022 the applicant came to the police office for completion of an administrative protocol, she remained in detention until her trial (see Korneyeva , § 35; Butkevich , §§ 63-64; Tsvetkova and Others , §§ 121-22, all cited above)   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of the administrative-offence proceedings described under Art. 11 (see Karelin , cited above, §§ 69-84)   Art. 6 (1) and (3) (d) - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based (as regards the applicant’s solo picketing on 15/01/2022, administrative proceedings ended with the final decision of 18/03/2022 of the Kirov Regional Court; and as regards the manifestation on 06/01/2022 against political repressions ended up with the final decision of 22/04/2022 of the Kirov Regional Court)   Art. 10 (1) - disproportionate measures against solo demonstrators - Administrative conviction (final on 18/03/2022, Kirov Regional Court) of 5 days of administrative detention for solo picketing in Kirov (see Novikova and Others , cited above)   Art. 10 (1) - conviction for making calls to participate in public events - conviction (final on 18/03/2022, Kirov regional Court) for an administrative offence for calling on the public to participate in an unauthorised public event (see Elvira Dmitriyeva , cited above, §§   77 ‑ 90).   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - In the cases concerning a manifestation in support of Navalnyy and solo picketing (three counts): the applicant started serving her administrative detention immediately after the first-instance court conviction, on account of lack of suspensive effect of the appeal under the CAO (see Tsvetkova and Others , §§ 179-91; Martynyuk , §§ 38-42, both cited above)   36049/20* 28/07/2020 Vladimir Ivanovich POPARETSKIY 1968       Ernest Aleksandrovich Mezak Saint-Barthélemy d’Anjou Manifestation for fair elections to Moscow Parliament   Moscow   10/08/2019 Article 20.2 § 5 of CAO administrative fine of RUB 10,000 (each of the applicants) Moscow City Court 28/10/2019 Art. 5 (1) - unlawful escorting and detention of the first applicant (Mr Poparetskiy) on 10/08/2019, at the police station as an administrative suspect for the purpose to draw up an administrative-offence record, without any “exceptional circumstances” (see Korneyeva , §§ 34-35; Ryabinina and Others , §   35, Butkevich , §§ 63-64; Tsvetkova and Others , §§ 121-22, all cited above)   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party the administrative-offence proceedings described under Art. 11, concerning the first applicant (see Karelin , cited above, §§ 69-84)   Art. 6 (1) and (3) (d) - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based (concerning the first applicant)   41346/20 27/08/2020 Ilya Grigoryevich RYKOV 1990 Igor Nikolayevich Sholokhov Kazan March and manifestation against construction of a disposal site   Arkhangelsk   07/04/2019 Article 20.2 §   6.1 of CAO, Article 20.2 § 5 of CAO administrative fines of RUB 14,000 and   12,000 respectively Arkhangelsk Regional Court, 16/06/2020 and 29/06/2020 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the above mentioned administrative-offence proceedings described under Art. 11 (see Karelin , §§ 69-84, cited above)   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - two separate prosecutions and administrative convictions under Article 20.2 of CAO for one public assembly – March and Manifestation. Last final respective decisions: 16/06/2020 and 29/06/2020 of the Arkhangelsk Regional Court (see Korneyev a, cited above, §§ 58-65)   52886/20* 13/11/2020 Sergey Vladimirovich KUZIN 1979     Manifestation in support of Navalny   St Petersburg   31/01/2021   Manifestation in commemoration of B. Nemtsov   St Petersburg   29/02/2020 Article 20.2.2 §   1 of CAO         Article 20.2 § 5 of CAO administrative detention of 7 days         administrative fine of RUB 10,000 St Petersburg City Court 23/04/2021       St Petersburg City Court 11/08/2020 Art. 5 (1) – two counts: 1) unlawful escorting and detention, after the manifestation of 31/01/2021, from 20/04/2021 to 21/04/2021 in the police station for the sole purpose to draft an administrative-offence record, and he remained in detention even after, until the hearings of his administrative-offence case (see (see Korneyeva , §§   34 ‑ 35; Ryabinina and Others , §   35, Butkevich , §§   63-64; Tsvetkova and Others , §§ 121-23, all cited above)   2) unlawful escorting on 12/03/2020, after the manifestation of 29/02/2020, for the sole purpose of drawing up a record of administrative offence (see Korneyeva , cited above, § 34)   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings described under Art. 11 (see Karelin , cited above, §§ 69-84)   Art. 6 (1) and (3) (d) - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant by the court of first instance was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO (see Tsvetkova and Others , §§ 179-91; Martynyuk , §§ 38-42, both cited above)   52904/20 13/11/2020 Vasiliy Yevgenyevich KUNIN 1993 Aleksandr Dmitriyevich Peredruk St Petersburg Authorised demonstration on free elections   St Petersburg   01/05/2019           Manifestation in commemoration of B. Nemtsov   St Petersburg   29/02/2020 Article 20.2 § 5 of CAO                   Article 20.2 § 5 of CAO administrative proceedings were terminated due to a lack of corpus delicti             administrative fine of RUB 10,000 Kuybyshevskiy District Court of St Petersburg 19/06/2019 (compensation claim partly accepted by the Supreme Court on 02/04/2021)     St Petersburg City Court 11/08/2020 Art. 5 (1) - The applicant was arrested on 01/05/2019 during an authorised manifestation and detained in a police station in excess of 3 hours for the sole purpose of drawing up an administrative offence record. On 19/06/2019 the Kuybyshevskiy District Court of St Petersburg terminated the administrative proceedings against the applicant due to a lack of corpus delicti . Subsequently, the applicant lodged a civil claim seeking compensation of non-pecuniary damage caused by unlawful arrest and prosecution. The domestic courts acknowledged the unlawful detention and awarded RUB 3,000 (EUR 35). Final decision: Supreme Court, 02/04/2021 (see Grigoryev and Igamberdiyeva v.   Russia [Committee], no. 10970/12, 12 February 2019)   Art. 5 (1) - unlawful escorting on 12/03/2020, after the manifestation of 29/02/2020, for the sole purpose of drawing a record of administrative offence (see Korneyeva , cited above, § 34)   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings terminated with the final decision of 11/08/2020 of St Petersburg City Court (see Karelin , cited above, §§ 69-84)   Art. 6 (1) and (3) (d) - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based   55337/20 25/11/2020 Olga Anatolyevna PAVLOVA 1962 Andrey Yevgenyevich Shchukin Nizhniy Tagil Manifestation in support of manifestations in Khabarovsk   Yekaterinburg, Sverdlovsk Region   06/08/2020 Article 20.2 §   6.1 of CAO compulsory community works of 60 hours Sverdlovsk Regional Court 21/10/2020 Art. 5 (1) - unlawful escorting and detention on 06/08/2020, at the police station as an administrative suspect for the purpose to draw up an administrative-offence record, without any “exceptional circumstances” (see Korneyeva , §§ 34-35; Ryabinina and Others , §   35, Butkevich , §§ 63-64; Tsvetkova and Others , §§ 121-22, all cited above)   Art. 6 (1) and (3) (d) - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based   2489/21* 14/12/2020 Vladimir Gelyevich URALOV 1957 Yevgeniy Vyacheslavovich Antokhin Moscow Manifestation for fair elections to Mosgorduma   Moscow   14/07/2019 Article 20.2 § 5 of CAO administrative fine of RUB 10,000 Moscow City Court 16/06/2020 Art. 5 (1) - unlawful escorting and detention on 03/08/2019, at the police station as an administrative suspect for the purpose to draw up an administrative-offence record, without any “exceptional circumstances” (see Korneyeva , §§ 34-35; Ryabinina and Others , §   35, Butkevich , §§ 63-64; Tsvetkova and Others , §§ 121-22, all cited above)   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings described under Art. 11 (see Karelin , cited above, §§ 69-84)   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based   9921/21* 16/02/2021 Sergey Yuryevich TIUNOV 1968 Irina Yuryevna Ruchko Yekaterinburg Manifestation in support of Navalnyy   Yekaterinburg   31/01/2021 Article 20.2 § 8 of CAO administrative detention of 30 days Sverdlovsk Regional Court 05/02/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings described under Art. 11 (see Karelin , cited above, §§ 69-84)   Art. 6 (1) and (3) (d) - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based   10325/21 15/01/2021 Danila Viktorovich SHUMSKIY 1996 Nikolay Sergeyevich Zboroshenko Mytishchi Manifestation against the construction of the south-eastern city highway   Moscow   19/03/2020 Article 20.2 §   6.1 of CAO administrative fine of RUB 10,000 Moscow City Court 18/08/2020 Art. 5 (1) - unlawful escorting and detention on 19/03/2020, at the police station as an administrative suspect for the purpose to draw up an administrative-offence record, without any “exceptional circumstances” (see Korneyeva , §§ 34-35; Ryabinina and Others , §   35, Butkevich , §§ 63-64; Tsvetkova and Others , §§ 121-22, all cited above)   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings described under Art. 11 (see Karelin , cited above, §§ 69-84)   Art. 6 (1) and (3) (d) - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based   10917/21* 01/02/2021 Vadim Nikolayevich BELOTELOV 1982 Darya Dmitriyevna Aksenova Kolomna Protest against the construction of a road at a nuclear waste disposal site   Moscow   19/03/2020 Article 19.3 § 1 of CAO administrative fine of RUB 1,000 Moscow City Court 18/08/2020 Art. 5 (1) - unlawful escorting and detention on 19/03/2020, at the police station as an administrative suspect for the purpose to draw up an administrative-offence record, without any “exceptional circumstances” (see Korneyeva , §§ 34-35; Ryabinina and Others , §   35, Butkevich , §§ 63-64; Tsvetkova and Others , §§ 121-22, all cited above)   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative ‑ offence proceedings described under Art. 11 (see Karelin , cited above, §§ 69-84)   Art. 6 (1) and (3) (d) - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based   11126/21 01/02/2021 Anastasiya Aleksandrovna PIKULINA 1979   Memorial Human Rights Centre Moscow Manifestation in support of Belarusian protests   Moscow   20/09/2020 Article 20.2 § 5 of CAO administrative fine of RUB 15,000 Moscow City Court 24/11/2020 Art. 5 (1) unlawful escorting and detention on 20/09/2020, at the police station as an administrative suspect for the purpose to draw up an administrative-offence record, without any “exceptional circumstances” (see Korneyeva , §§ 34-35; Ryabinina and Others , §   35, Butkevich , §§ 63-64; Tsvetkova and Others , §§ 121-22, all cited above)   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings described under Art. 11 (see Karelin , cited above, §§ 69-84)   Art. 6 (1) and (3) (d) - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based   11145/21 01/02/2021 Oleg Vadimovich RYABYSHEV 1996   Memorial Human Rights Centre Moscow Manifestation against the amendments to the Russian Constitution   Moscow   15/07/2020 Article 20.2 §   6.1 of CAO administrative fine of RUB 20,000 Moscow City Court 02/09/2020 Art. 5 (1) - unlawful escorting and detention on 15/07/2020, at the police station as an administrative suspect for the purpose to draw up an administrative-offence record, without any “exceptional circumstances” (see Korneyeva , §§ 34-35; Ryabinina and Others , §   35, Butkevich , §§ 63-64; Tsvetkova and Others , §§ 121-22, all cited above)   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings described under Art. 11 (see Karelin , cited above, §§ 69-84)   Art. 6 (1) and (3) (d) - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based   11160/21* 28/01/2021 Yekaterina Volfovna SMIRNITSKAYA 1955 Darya Dmitriyevna Aksenova Kolomna Manifestation in support of Konstantin Kotov   Moscow   22/02/2020 Article 20.2 § 5 of CAO administrative fine of RUB 10,000 Moscow City Court 28/07/2020 Art. 5 (1) - unlawful escorting and detention on 22/02/2020, at the police station as an administrative suspect for the purpose to draw up an administrative-offence record, without any “exceptional circumstances” (see Korneyeva , §§ 34-35; Ryabinina and Others , §   35, Butkevich , §§ 63-64; Tsvetkova and Others , §§ 121-22, all cited above)   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings described under Art. 11 (see Karelin , cited above, §§ 69-84)   Art. 6 (1) and (3) (d) - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based   13229/21 01/03/2021 Oleg Tofilyevich GOLOVENKO 1975 Timofey Borisovich Ushakov Kokoshkino Manifestation in support of commemoration of those killed in the Second World War   Moscow   22/06/2020 Article 20.2 § 5 of CAO administrative fine of RUB 10,000 Moscow City Court 02/09/2020 Art. 5 (1) - unlawful escorting and detention on 22/06/2020, at the police station as an administrative suspect for the purpose to draw up an administrative-offence record, without any “exceptional circumstances” (see Korneyeva , §§ 34-35; Ryabinina and Others , §   35, Butkevich , §§ 63-64; Tsvetkova and Others , §§ 121-22, all cited above)   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings described under Art. 11 (see Karelin , cited above, §§ 69-84)   13243/21 01/03/2021 Ivan Valeryevich PEROV 1974 Timofey Borisovich Ushakov Kokoshkino Manifestation in support of commemoration of those killed in the Second World War   Moscow, Red square   22/06/2020 Article 20.2 § 5 of CAO administrative fine of RUB 10,000 Moscow City Court 28/10/2020 Art. 5 (1) - unlawful escorting and detention on 22/06/2020, at the police station as an administrative suspect for the purpose to draw up an administrative-offence record, without any “exceptional circumstances” (see Korneyeva , §§ 34-35; Ryabinina and Others , §   35, Butkevich , §§ 63-64; Tsvetkova and Others , §§ 121-22, all cited above)   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings described under Art. 11 (see Karelin , cited above, §§ 69-84)   13248/21 01/03/2021 Aleksandr Aleksandrovich REYN 1997 Timofey Borisovich Ushakov Kokoshkino Manifestation in support of commemoration of those killed in the Second World War   Moscow   22/06/2020 Article 20.2 § 5 of CAO administrative fine of RUB 10,000 Moscow City Court 22/09/2020 Art. 5 (1) - unlawful escorting and detention on 22/06/2020, at the police station as an administrative suspect for the purpose to draw up an administrative-offence record, without any “exceptional circumstances” (see Korneyeva , §§ 34-35; Ryabinina and Others , §   35, Butkevich , §§ 63-64; Tsvetkova and Others , §§ 121-22, all cited above)   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings described under Art. 11 (see Karelin , cited above, §§ 69-84)   Art. 6 (1) and (3) (d) - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based   13251/21 01/03/2021 Natalya Aleksandrovna SALAVATOVA 1973 Timofey Borisovich Ushakov Kokoshkino Manifestation in support of commemoration of those killed in the Second World War   Moscow   22/06/2020 Article 20.2 § 5 of CAO administrative fine of RUB 20,000 Moscow City Court 26/10/2020 Art. 5 (1) - unlawful escorting and detention on 22/06/2020, at the police station as an administrative suspect for the purpose to draw up an administrative-offence record, without any “exceptional circumstances” (see Korneyeva , §§ 34-35; Ryabinina and Others , §   35, Butkevich , §§ 63-64; Tsvetkova and Others , §§ 121-22, all cited above)   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings described under Art. 11 (see Karelin , cited above, §§ 69-84)   Art. 6 (1) and (3) (d) - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based   13453/21* 14/02/2021 Ivan Sergeyevich KHAREBIN 1988 Irina Aleksandrovna Yatsenko Moscow Manifestation for fair elections to Mosgorduma   Moscow   14/07/2019 Article 20.2 § 5 of CAO administrative fine of RUB 10,000 Moscow City Court 14/08/2020 Art. 5 (1) - unlawful escorting and detention on 14/07/2019, at the police station as an administrative suspect for the purpose to draw up an administrative-offence record, without any “exceptional circumstances” (see Korneyeva , §§ 34-35; Ryabinina and Others , §   35, Butkevich , §§ 63-64; Tsvetkova and Others , §§ 121-22, all cited above)   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings described under Art. 11 (see Karelin , cited above, §§ 69-84)   Art. 6 (1) and (3) (d) - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based   13737/21 11/02/2021 Pavel Igorevich KHOKHLOV 1990 Vladimir Valeryevich Vasin Krasnoyarsk Manifestation "Russia without Putin"   Krasnoyarsk   15/08/2020 Article 20.2 § 2 of CAO administrative detention of 8 days Krasnoyarsk Regional Court 21/08/2020 Art. 5 (1) - unlawful escorting and detention on 15/08/2020, at the police station as an administrative suspect for the purpose to draw up an administrative-offence record, without any “exceptional circumstances” (see Korneyeva , §§ 34-35; Ryabinina and Others , §   35, Butkevich , §§ 63-64; Tsvetkova and Others , §§ 121-22, all cited above)   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings described under Art. 11 (see Karelin , cited above, §§ 69-84)   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 14/08/2020 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO (see Tsvetkova and Others , §§ 179-91; Martynyuk , §§ 38-42, both cited above)   13791/21* 24/02/2021 Konstantin Vyacheslavovich LARIONOV 1996     Manifestation in support to Navalnyy   Kaluga   23/01/2021 Article 20.2.2 §   1 of CAO administrative detention of 11 days Kaluga Regional Court 29/01/2021 Art. 10 (1) - disproportionate measures against solo demonstrators - solo picketing in Kaluga, 21/08/2021, support of the Communist party in Parliamentary elections of 19/09/2021 (see Novikova and Others , cited above)   15042/21 24/02/2021 Sergey Nikolayevich FEDOROV 1982   Memorial Human Rights Centre Moscow Manifestation against the constitutional amendments   Moscow   15/07/2020 Article 20.2 §   6.1 of CAO administrative fine of RUB 15,000 Moscow City Court 12/10/2020 Art. 5 (1) - unlawful escorting and detention on 15/07/2020, at the police station as an administrative suspect for the purpose to draw up an administrative-offence record, without any “exceptional circumstances” (see Korneyeva , §§ 34-35; Ryabinina and Others , §   35, Butkevich , §§ 63-64; Tsvetkova and Others , §§ 121-22, all cited above)   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings described under Art. 11 (see Karelin , cited above, §§ 69-84)   Art. 6 (1) and (3) (d) - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based   49887/21* 22/09/2021 Dmitriy Sergeyevich CHEBANOV 1977 Anna Yevgenyevna Bochilo Barnaul Manifestation in support of Navalnyy   Moscow   23/01/2021 Article 20.2 § 5 of CAO administrative fine of RUB 20,000 Moscow City Court 17/05/2021 Art. 5 (1) - unlawful escorting and detention on 23/01/2021, at the police station as an administrative suspect for the purpose to draw up an administrative-offence record, without any “exceptional circumstances” (see Korneyeva , §§ 34-35; Ryabinina and Others , §   35, Butkevich , §§ 63-64; Tsvetkova and Others , §§ 121-22, all cited above)   Art. 5 (3) - excessive length of pre-trial detention - Basmannyy District Court of Moscow (appeal Moscow City Court) from 16/09/2021 to date; use of assumptions, in the absence of any evidentiary basis, of the risks of absconding or obstructing justice; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; collective detention orders; fragility of the reasons employed by the courts   Art. 5 (4) - deficiencies in proceedings for review of the lawfulness of the detention order by Basmannyy District Court of Moscow of 09/11/2021; appeal introduced on 12/11/2021; reviewed by Moscow City Court on 14/12/2021. The review took 35 days in total, where the applicant may be held responsible for 3 days. Detention order by Basmannyy District Court of Moscow of 10/02/2022; appeal introduced on 13/02/2022; reviewed by Moscow City Court on 30/03/2022. The review took 48 days in total, where the applicant may be held responsible for 3 days   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings described under Art. 11 (see Karelin , cited above, §§ 69-84)   Art. 6 (1) and (3) (d) - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based  Citations
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Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;COMMUNICATEDCASES;ENG
- Date
- 2 mars 2023
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:001-223787
Données disponibles
- Texte intégral
- Résumé officiel