CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 2 mars 2023
- ECLI
- ECLI:CEDH:001-223812
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- 2 mars 2023
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- 2 mars 2023
droits fondamentauxCEDH
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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 } Published on 27 March 2023   SECOND SECTION Application no.   54923/21 Insaf Vasilevich GALIMULLIN against Russia and 26 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     54923/21* 29/10/2021 Insaf Vasilevich GALIMULLIN 1996 Ivan Yuryevich Zhdanov Vilnius Manifestation in support of A.   Navalnyy   Kazan   31/01/2021 article 20.2 § 5 of CAO administrative fine of RUB 10,000 Supreme Court of the Tatarstan Republic 12/05/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis – on 31/01/2021 the applicant was taken to a police station as an administrative suspect: there is no evidence/assessment that it was impossible to draw up an offence record on the spot (Article 27.2 § 1 of the CAO) and to achieve the goals set by Art. 27.1 of CAO, e.g., to identify the suspect; he also complained of his overnight detention in the police station   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - the applicant complained of the inability to cross-examine the police officers on whose written statements his conviction was based     55718/21* 05/11/2021 Danil Sergeyevich KASULIN 2002 Ivan Yuryevich Zhdanov Vilnius Manifestation in support of A.   Navalnyy   Tver   23/01/2021 article 20.2 § 5 of CAO administrative fine of RUB 10,000 Tver Regional Court 19/05/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings     55754/21* 05/11/2021 Dmitriy Aleksandrovich SOLOKHA 2002 Ivan Yuryevich Zhdanov Vilnius Manifestation in support of A.   Navalnyy   Voronezh   31/01/2021 article 20.2 § 5 of CAO administrative fine of RUB 10,000 Voronezh Regional Court 13/05/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis – on 31/01/2021 the applicant was taken to a police station as an administrative suspect: there is no evidence/assessment that it was impossible to draw up an offence record on the spot (Article 27.2 § 1 of the CAO) and to achieve the goals set by Art. 27.1 of CAO, e.g., to identify the suspect   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - the applicant complained of the inability to cross-examine the police officers on whose written statements his conviction was based     55851/21* 05/11/2021 Kirill Andreyevich BOGATYRENKO 1992 Ivan Yuryevich Zhdanov Vilnius Manifestation in support of A.   Navalnyy   St Petersburg   23/01/2021 article 8-6-1 § 2 of the Law of St Petersburg on Administrative Offences in St   Petersburg administrative fine of RUB 4,000 Oktyabrskiy District Court of St   Petersburg 18/05/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - the applicant complained of being taken to a police station as an administrative suspect: there is no evidence/assessment that it was impossible to draw up an offence record on the spot (Article 27.2 § 1 of the CAO) and to achieve the goals set by Art. 27.1 of CAO, e.g., to identify the suspect   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - the applicant complained of the inability to cross-examine the police officers on whose written statements his conviction was based     55892/21* 05/11/2021 Denis Vladimirovich MUKHOROTOV 2000 Ivan Yuryevich Zhdanov Vilnius Manifestation in support of A.   Navalnyy   Voronezh   23/01/2021 article 20.2 § 5 of CAO administrative fine of RUB 10,000 Voronezh Regional Court 18/05/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - the applicant was taken to a police station as an administrative suspect: there is no evidence/assessment that it was impossible to draw up an offence record on the spot (Article 27.2 § 1 of the CAO) and to achieve the goals set by Art. 27.1 of CAO, e.g., to identify the suspect. The applicant also complained that he remained in detention for more than three hours after the offence record was drawn up without any justification: he was detained at 4.11 p.m. on 23/01/2021 and released at 10.15 p.m. on the same day   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - the applicant complained of the inability to cross-examine the police officers on whose written statements his conviction was based     55987/21* 05/11/2021 Sana Aleksandrovna BEZMENOVA 1975 Ivan Yuryevich Zhdanov Vilnius Manifestation in support of A.   Navalnyy   Moscow   23/01/2021 article 20.2 § 5 of CAO administrative fine of RUB 20,000 Moscow City Court 19/05/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis – on 23/01/2021 the applicant was taken to a police station as an administrative suspect: there is no evidence/assessment that it was impossible to draw up an offence record on the spot (Article 27.2 § 1 of the CAO) and to achieve the goals set by Art. 27.1 of CAO, e.g., to identify the suspect   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - the applicant complained of the inability to cross-examine the police officers on whose written statements his conviction was based     55990/21* 05/11/2021 Petr Borisovich KARTOYEV 1991 Ivan Yuryevich Zhdanov Vilnius Manifestation in support of A.   Navalnyy   Kazan   31/01/2021 article 20.2 § 5 of CAO administrative fine of RUB 11,000 Supreme Court of the Tatarstan Republic 12/05/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis – on 31/01/2021 the applicant was taken to a police station as an administrative suspect: there is no evidence/assessment that it was impossible to draw up an offence record on the spot (Article 27.2 § 1 of the CAO) and to achieve the goals set by Art. 27.1 of CAO, e.g., to identify the suspect   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - the applicant complained of the inability to cross-examine in the first-instance trial two police officers on whose written statements his conviction was based     55995/21* 05/11/2021 Vadim Andreyevich GORYACHENKO 2003 Ivan Yuryevich Zhdanov Vilnius Manifestation in support of A.   Navalnyy   Novosibirsk   31/01/2021 article 20.2 § 5 of CAO administrative fine of RUB 10,000 Novosibirsk Regional Court 14/05/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis – on 31/01/2021 the applicant was taken to a police station as an administrative suspect: there is no evidence/assessment that it was impossible to draw up an offence record on the spot (Article 27.2 § 1 of the CAO) and to achieve the goals set by Art. 27.1 of CAO, e.g., to identify the suspect   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - the applicant complained of the inability to cross-examine the police officers on whose written statements his conviction was based     56954/21* 19/11/2021 Yekaterina Valeryevna MALYUTINA 1990 Ivan Yuryevich Zhdanov Vilnius Manifestation in support of A.   Navalnyy   Vladimir   31/01/2021 article 20.2 § 5 of CAO administrative fine of RUB 11,000 Vladimir Regional Court 07/06/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis – on 31/01/2021 the applicant was taken to a police station as an administrative suspect: there is no evidence/assessment that it was impossible to draw up an offence record on the spot (Article 27.2 § 1 of the CAO) and to achieve the goals set by Art. 27.1 of CAO, e.g., to identify the suspect   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - the applicant complained of the inability to cross-examine the police officers on whose written statements her conviction was based   58315/21* 27/11/2021 Maksim Anatolyevich KOLBIN 1985 Ivan Yuryevich Zhdanov Vilnius Manifestation in support of A.   Navalnyy   Perm   31/01/2021 article 20.2 § 5 of CAO administrative fine of RUB 10,000 Perm Regional Court 22/07/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis – on 31/01/2021 the applicant was taken to a police station as an administrative suspect: there is no evidence/assessment that it was impossible to draw up an offence record on the spot (Article 27.2 § 1 of the CAO) and to achieve the goals set by Art. 27.1 of CAO, e.g., to identify the suspect   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - the applicant complained of the inability to cross-examine the police officers on whose written statements his conviction was based   58526/21* 09/11/2021 Larisa Igorevna BESH 1962 Ivan Yuryevich Zhdanov Vilnius Manifestation in support of A.   Navalnyy   Kurgan   21/04/2021 article 20.2 § 5 of CAO administrative fine of RUB 15,000 Kurgan Regional Court 24/05/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - the applicant was taken to a police station as an administrative suspect at 7:15 p.m. on 21/04/2021: there is no evidence/assessment that it was impossible to draw up an offence record on the spot (Article   27.2 § 1 of the CAO) and to achieve the goals set by Art. 27.1 of CAO, e.g., to identify the suspect   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - the applicant complained of the inability to cross-examine in the appeal trial two police officers on whose written statements her conviction was based. She explained why their statements were relevant and decisive   58653/21* 19/11/2021 Ildar Gumarovich MEYKER 1990 Ivan Yuryevich Zhdanov Vilnius Manifestation in support of A.   Navalnyy   Kazan   21/04/2021 article 20.2 § 5 of CAO administrative fine of RUB 10,000 Supreme Court of the Tatarstan Republic 26/05/2021 Art. 5 (1) - unlawful detention – on 21/04/2021 the applicant was taken to a police station as an administrative suspect: there is no evidence/assessment that it was impossible to draw up an offence record on the spot (Article 27.2 § 1 of the CAO) and to achieve the goals set by Art. 27.1 of CAO, e.g., to identify the suspect   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - the applicant complained of the inability to cross-examine the police officers on whose written statements his conviction was based   58692/21* 19/11/2021 Konstantin Aleksandrovich LYAYFER 1984 Ivan Yuryevich Zhdanov Vilnius Manifestation in support of A.   Navalnyy   Saratov   31/01/2021   article 20.2 § 5 of CAO administrative fine of RUB 20,000 Saratov Regional Court 24/05/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   58846/21* 27/11/2021 Aleksandr Sergeyevich SNURNIKOV 1981 Ivan Yuryevich Zhdanov Vilnius Manifestation in support of A.   Navalnyy   Chelyabinsk   21/04/2021 article 20.2 § 5 of CAO administrative fine of RUB 10,000 Chelyabinsk Regional Court 09/06/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis – on 21/04/2021 the applicant was taken to a police station as an administrative suspect: there is no evidence/assessment that it was impossible to draw up an offence record on the spot (Article 27.2 § 1 of the CAO) and to achieve the goals set by Art. 27.1 of CAO, e.g., to identify the suspect   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - the applicant complained of the inability to cross-examine the police officers on whose written statements his conviction was based   58864/21* 27/11/2021 Vitaliy Vasilyevich TYUTIKOV 2002 Ivan Yuryevich Zhdanov Vilnius Manifestation in support of A.   Navalnyy   Kazan   21/04/2021 article 20.2 § 5 of CAO administrative fine of RUB 10,000 Supreme Court of the Tatarstan Republic 09/06/2021 Art. 5 (1) - unlawful detention – on 21/04/2021 the applicant was taken to a police station as an administrative suspect: there is no evidence/assessment that it was impossible to draw up an offence record on the spot (Article 27.2 § 1 of the CAO) and to achieve the goals set by Art. 27.1 of CAO, e.g., to identify the suspect   58905/21* 27/11/2021 Andrey Aleksandrovich MEKHONOSHIN 1985 Ivan Yuryevich Zhdanov Vilnius Manifestation in support of A.   Navalnyy   Perm   31/01/2021 article 20.2 § 5 of CAO administrative fine of RUB 10,000 Perm Regional Court 09/06/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis – on 31/01/2021 the applicant was taken to a police station as an administrative suspect: there is no evidence/assessment that it was impossible to draw up an offence record on the spot (Article 27.2 § 1 of the CAO) and to achieve the goals set by Art. 27.1 of CAO, e.g., to identify the suspect   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - the applicant complained of the inability to cross-examine the police officers on whose written statements his conviction was based   59002/21* 27/11/2021 Yekaterina Glebovna BARYSHKINA 2002 Ivan Yuryevich Zhdanov Vilnius Manifestation in support of A.   Navalnyy   Kazan   21/04/2021 article 20.2 § 5 of CAO administrative fine of RUB 10,000 Supreme Court of the Tatarstan Republic 02/06/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis –the applicant was taken to a police station as an administrative suspect: there is no evidence/assessment that it was impossible to draw up an offence record on the spot (Article 27.2 § 1 of the CAO) and to achieve the goals set by Art. 27.1 of CAO, e.g., to identify the suspect; detention as an administrative suspect beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO): she was detained from 8.00 p.m. on 21/04/2021 to 5.20 p.m. on 22/04/2021   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   59054/21* 27/11/2021 Andrey Konstantinovich DEDKOV 1996 Ivan Yuryevich Zhdanov Vilnius Manifestation in support of A.   Navalnyy   Volgograd   21/04/2021 article 20.2 § 5 of CAO administrative fine of RUB 15,000 Volgograd Regional Court 03/06/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis – on 21/04/2021 the applicant was taken to a police station as an administrative suspect: there is no evidence/assessment that it was impossible to draw up an offence record on the spot (Article 27.2 § 1 of the CAO) and to achieve the goals set by Art. 27.1 of CAO, e.g., to identify the suspect   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   59068/21* 27/11/2021 Andrey Sergeyevich KOZINSKIY 1988 Ivan Yuryevich Zhdanov Vilnius Manifestation in support of A.   Navalnyy   Orenburg   23/01/2021 article 20.2 § 5 of CAO administrative fine of RUB 10,000 Orenburg Regional Court 21/07/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - the applicant was taken to a police station on 23/01/2021 as an administrative suspect: there is no evidence/assessment that it was impossible to draw up an offence record on the spot (Article 27.2 § 1 of the CAO) and to achieve the goals set by Art. 27.1 of CAO, e.g., to identify the suspect   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - the applicant complained of the inability to cross-examine the police officers on whose written statements his conviction was based   59071/21* 27/11/2021 Aleksandr Sergeyevich SHUMOV 1986 Ivan Yuryevich Zhdanov Vilnius Manifestation in support of A.   Navalnyy   Pushkin   21/04/2021 article 20.2 § 5 of CAO administrative fine of RUB 10,000 Moscow Regional Court 29/06/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - The applicant was taken to a police station at 8 p.m. on 21/04/2021 as an administrative suspect: there is no evidence/assessment that it was impossible to draw up an offence record on the spot (Article 27.2 § 1 of the CAO) and to achieve the goals set by Art. 27.1 of CAO, e.g., to identify the suspect   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - the applicant complained of the inability to cross-examine the police officers on whose written statements his conviction was based   59145/21* 27/11/2021 Aleksandr Sergeyevich PORUBOV 1966 Ivan Yuryevich Zhdanov Vilnius Manifestation in support of A.   Navalnyy   Khabarovsk   21/04/2021 article 20.2 § 5 of CAO administrative fine of RUB 10,000 Khabarovsk Regional Court 08/06/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis – on 21/04/2021 the applicant was taken to a police station as an administrative suspect: there is no evidence/assessment that it was impossible to draw up an offence record on the spot (Article 27.2 § 1 of the CAO) and to achieve the goals set by Art. 27.1 of CAO, e.g., to identify the suspect   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - the applicant complained of the inability to cross-examine the police officers on whose written statements his conviction was based   59160/21* 27/11/2021 Kirill Alekseyevich KUSHIN 2001 Ivan Yuryevich Zhdanov Vilnius Manifestation in support of A.   Navalnyy   Perm   31/01/2021 article 20.2 § 5 of CAO administrative fine of RUB 10,000 Perm Regional Court 09/06/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - the applicant was taken to a police station at 2.50 p.m. on 31/01/2021 as an administrative suspect: there is no evidence/assessment that it was impossible to draw up an offence record on the spot (Article 27.2 § 1 of the CAO) and to achieve the goals set by Art. 27.1 of CAO, e.g., to identify the suspect   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - the applicant complained of the inability to cross-examine the police officers on whose written statements his conviction was based   59981/21* 03/12/2021 Ivan Viktorovich DROBOTOV 1995 Ivan Yuryevich Zhdanov Vilnius Manifestation in support of A.   Navalnyy   Moscow   23/01/2021 article 20.2 § 5 of CAO administrative fine of RUB 10,000 Moscow City Court 21/06/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis – on 23/01/2021 the applicant was taken to a police station as an administrative suspect: there is no evidence/assessment that it was impossible to draw up an offence record on the spot (Article 27.2 § 1 of the CAO) and to achieve the goals set by Art. 27.1 of CAO, e.g., to identify the suspect   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - the applicant complained of the inability to cross-examine the police officers on whose written statements his conviction was based   60029/21* 03/12/2021 Maksim Aleksandrovich ZEMSKIY 1993 Ivan Yuryevich Zhdanov Vilnius Manifestation in support of A.   Navalnyy   St Petersburg   23/01/2021 article 8-6-1 § 2 of St Petersburg Decree No   273 ‑ 70 administrative fine of RUB 4,000 Oktyabrskiy District Court of St   Petersburg 06/07/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - the applicant was taken to a police station at 2 p.m. on 23/01/2021 as an administrative suspect: there is no evidence/assessment that it was impossible to draw up an offence record on the spot (Article 27.2 § 1 of the CAO) and to achieve the goals set by Art. 27.1 of CAO, e.g., to identify the suspect   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   60180/21* 03/12/2021 Yekaterina Dmitriyevna MAYEVSKYA 1996 Ivan Yuryevich Zhdanov Vilnius Manifestation in support of A.   Navalnyy   Khabarovsk   21/04/2021 article 20.2 § 5 of CAO administrative fine of RUB 5,000 Khabarovsk Regional Court 21/06/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - the applicant was taken to a police station at 9.30 a.m. on 26/04/2021 as an administrative suspect: there is no evidence/assessment that it was impossible to draw up an offence record on the spot (Article 27.2 § 1 of the CAO) and to achieve the goals set by Art. 27.1 of CAO, e.g., to identify the suspect     60821/21* 07/12/2021 Kirill Andreyevich BELOUS 1997 Ivan Yuryevich Zhdanov Vilnius Manifestation in support of A.   Navalnyy   Moscow   02/02/2021 article 20.2 § 5 of CAO administrative fine of RUB 15,000 Moscow City Court 09/06/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - the applicant was taken to a police station as an administrative suspect: there is no evidence/assessment that it was impossible to draw up an offence record on the spot (Article 27.2 § 1 of the CAO) and to achieve the goals set by Art. 27.1 of CAO, e.g., to identify the suspect. The applicant also complained that he remained in detention for more than three hours after the offence record was drawn up without any justification: he was detained at 12.30 a.m. on 02/02/2021 and released at 6.45 a.m. on 03/02/2021   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - the applicant complained of the inability to cross-examine in the first-instance trial two police officers on whose written statements his conviction was based   61719/21* 08/12/2021 Vladislav Aleksandrovich SPIVAKOV 2002 Ivan Yuryevich Zhdanov Vilnius Manifestation in support of A.   Navalnyy   Ufa   21/04/2021 article 20.2 § 5 of CAO administrative fine of RUB 10,000 Supreme Court of the Bashkortostan Republic 19/07/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - the applicant complained of being taken to a police station at 8 p.m. as an administrative suspect: there is no evidence/assessment that it was impossible to draw up an offence record on the spot (Article 27.2 § 1 of the CAO) and to achieve the goals set by Art. 27.1 of CAO, e.g., to identify the suspect   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - the applicant complained of the inability to cross-examine police officers on whose written statements his 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:001-223812
Données disponibles
- Texte intégral
- Résumé officiel