CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 4 mai 2023
- ECLI
- ECLI:CEDH:001-224828
- Date
- 4 mai 2023
- Publication
- 4 mai 2023
droits fondamentauxCEDH
Source : DILA / Judilibre · open data
Mes notes
privées · visibles par vous seulRésumé structuré
version préliminaireFaits
Non déterminable à partir du texte fourni.
Procédure
Non déterminable à partir du texte fourni.
Question juridique
Non déterminable à partir du texte fourni.
Solution
source officielleCommunicated
Résumé généré automatiquement — à vérifier avec la décision originale.
Analyse IA non disponible
Générez un résumé intelligent de cette décision
Texte intégral
.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 } .s3A357E38 { text-align:center; page-break-inside:avoid; page-break-after:avoid; font-family:Arial; font-size:8pt; list-style-position:inside } .s1DE04BC { margin-top:0pt; margin-bottom:0pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:8pt } .s3CAAE78A { height:19.4pt } .s22C2DF75 { margin-top:0pt; margin-left:0.95pt; margin-bottom:0pt; text-indent:-0.95pt; text-align:center; font-size:8pt } Published on 30 May 2023   SECOND SECTION Application no.   12896/20 Aleksandr Aleksandrovich SMIRNOV against Russia and 29 other applications (see list appended) PROCEDURAL INFORMATION Following a preliminary examination of the admissibility of the applications on 4 May 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 complaints raised under Article 10 § 1 of the Convention relating to disproportionate measures against solo demonstrators which are the subject of well-established case law of the Court (see Novikova and Others v. Russia, nos. 25501/07 and 4 others, 26 April 2016 and Lashmankin and Others v. Russia, nos. 57818/09 and 14 others, 7 February 2017).   APPENDIX – STATEMENT OF FACTS List of applications raising complaints under Article 10 § 1 of the Convention (disproportionate measures against solo demonstrators) No. Application no. Date of introduction Applicant’s name Year of birth   Representative’s name and location Location Date Purpose of the demonstration Administrative charges Penalty Final domestic decision Date Name of the court Other relevant information Other complaints under well-established case-law     12896/20 27/02/2020 Aleksandr Aleksandrovich SMIRNOV 1971 Vladimir Igorevich Tsvingli Moskou Moscow, 10/05/2019 Solo picket in support of Darya Belyaeva   Article 20.2 § 5 of CAO, administrative fine of RUB   10,000 04/09/2019 Moscow City Court conviction for covering the face with a scarf during a solo demonstration 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 - impossibility to cross-examine police officers on whose written statements the applicant’s conviction was based     15642/20* 16/03/2020 Vladimir Arkadyevich KHEYFETS 1990 Alena Sergeyevna Borisova Moscow Moscow, 07/06/2019 Support of journalist   I. Golunov       Article 20.2   § 6.1 of CAO, administrative fine of RUB   10,000 Moscow City Court 24/09/2019 rotation - event classified as assembly post facto 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 - inability to cross-examine police officers on whose written statements the applicant’s conviction was based;   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 issue (see, mutatis mutandis , Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-50, 17 April 2018; and Muchnik and Mordovin v. Russia [Committee], nos. 23814/15 and 2707/16, §§ 47-52, 12 February 2019)- arrest, conviction for participation in a series of solo demonstrations held on 07/06/2019 by a group of no less than 80 participants (final judgment issued on 24/09/2019)     29234/20* 29/06/2020 Anna Andreyevna BULBASOVA 2000 Mansur Idrisovich Gilmanov Podolsk Moscow 31/12/2019 Picket in support of political prisoners Article 20.2 § 8 of CAO, administrative fine of RUB   150,000 12/03/2020, Moscow City Court rotation - event classified as assembly post facto Art. 6 (1) – and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine the police officers on whose written reports the conviction was based;     Art. 5 (1) - unlawful deprivation of liberty - arrest and escort to the police station on 31/12/2019, in excess of three hours, for the sole purpose of drawing up a record of administrative offence (such record complied on 13/01/2020 only); failure to draw up a record of administrative offence (only an escort record was compiled); Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - - alternatively to Article 10 issue (see, mutatis mutandis , Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-50, 17 April 2018; and Muchnik and Mordovin v. Russia [Committee], nos. 23814/15 and 2707/16, §§ 47-52, 12 February 2019) - arrest, conviction for participation in a series of solo demonstrations held on 31/12/2019 by a group of 13 participants, final judgment issued on 12/03/2020     36133/20* 03/08/2020 Yuliya Konstantinovna VOLKOVA 1980 Aleksandr Yevgenyevich Pomazuyev Vilnius Sochi 30/11/2019 Picket in support of medical professionals Article 20.2 § 2 of CAO, administrative fine of RUB   20,000 03/02/2020, Krasnodar Regional Court rotation - event classified as assembly post facto Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 30/11/2019 for the sole purpose of drawing up a record of administrative offence;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings     51403/20* 03/11/2020 Nadejda Dmitriyevna SHCHETININA 1995 Mansur Idrisovich Gilmanov Podolsk Moscow, 02/06/2020 Protest against police brutality in the wake of the murder of V. Taushankov Article 20.2 § 5 of CAO administrative fine of RUB 10,000 21/09/2020, Moscow City Court rotation - event classified as assembly post facto Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention there on 02/06/2020 for the sole purpose of drawing up a record of administrative offence (such record compiled on 10/06/2020);   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 issue (see, mutatis mutandis , Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-50, 17 April 2018; and Muchnik and Mordovin v. Russia [Committee], nos. 23814/15 and 2707/16, §§ 47-52, 12 February 2019)- - arrest, conviction for participation in a series of solo demonstrations held on 02/06/2020 by a group of no less than 12 participants     51977/20* 19/11/2020 Anton Mikhaylovich CHUPRUNOV 1986 Aleksey Aleksandrovich Pryanishnikov Tomsk Tyumen, 20/06/2020, Protest against constitutional amendments Article 20.2 § 2 of CAO, administrative detention of 6   days 02/07/2020, Tyumen Regional Court distance requirement - event classified as assembly post facto Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings     53786/20* 19/11/2020 Tatyana Yevstegneyeva BESCHETNOVA 1959 Andrey Yevgenyevcich Shchukin Nizhniy Tagil Yekaterinburg 01/08/2020 in support of S. Furgal Article 20.2 § 5 of CAO, administrative fine of RUB   10,000 28/10/2020 Sverdlovsk Regional Court   Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention there on 07/08/2020, in excess of three hours, for the sole purpose of drawing up an administrative offence record     2017/21 02/12/2020 Oleg Igorevich KALININ 1992     Moscow, 14/03/2020, Protest against police brutality Article 20.2 § 8 of CAO, administrative detention of 15   days 04/06/2020, Moscow City Court rotation - event classified as assembly post facto Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 14/03/2020 in excess of three hours, for the sole purpose of drawing up a record of administrative offence (such record only compiled on 20/03/2020);   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 - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based;     Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 issue (see, mutatis mutandis , Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-50, 17 April 2018; and Muchnik and Mordovin v. Russia [Committee], nos. 23814/15 and 2707/16, §§ 47-52, 12 February 2019) - arrest, conviction for participation in a series of solo demonstrations held by no less than 60 participants on a rotation basis of 14/03/2020 (final judgment issued on 04/06/2020)     10439/21* 18/01/2021 Vladilen Petrovich YURYEV 1937 Dmitriy Vladimirovich Zubarev Vladivostok Vladivostok, 15/08/2020, Support of S. Furgal Article 20.2 § 5 of CAO, administrative fine of RUB   10,000 16/11/2020, Primorye Regional Court   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of proceedings;   Art. 11 (1) - disproportionate measures against organisers and participants of public assemblies – (i) alternatively to Article 10 issue (see, mutatis mutandis , Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-50, 17 April 2018; and Muchnik and Mordovin v. Russia [Committee], nos. 23814/15 and 2707/16, §§ 47-52, 12 February 2019) - conviction under Article   20.2-5 of the CAO in a picket in support of S. Furgal, which the courts assessed post facto as a group picket held by no less than 30 participants, fine of RUB 10,000 (final judgment of 16/11/2020, Primorskiy Regional Court); and (ii) conviction for participation in a rally in support of S. Furgal held on 01/08/2020, article 20.2 § 5 of the CAO, administrative fine of RUB 10,000 (final judgment of 24/11/2020, Primorye Regional Court).   11132/21* 01/02/2021 Yekaterina Sergeyevna SELEZNEVA 1981     Moscow, 31/05/2020, Protest against use of force against lawyers in Kabardino-Balkaria and other regions Article 20.2 § 5 of CAO, administrative fine of RUB   10,000 14/10/2020, Moscow City Court rotation - event classified as assembly post facto Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 31/05/2020, in excess of three hours, for the sole purpose of drawing up a record of administrative offence;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;     Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - convicted twice for participation in one public event and on account of the same facts - second conviction: Art. 3.18.4 § 2 of the Code of Administrative Offences of Moscow - breach of the COVID-19 related restrictions, administrative fine of RUB 4,000, final judgment issued on12/03/2021 by the Moscow City Court.   13359/21* 10/02/2021 Elvira Mikhaylovna BUTAKOVA 1961 Danil Ilnurovich Nurgaleyev Kazan Kazan, 21/08/2020, Support of A. Navalnyy Article 20.2 § 2 of CAO, administrative fine of RUB   10,000 23/09/2020, Supreme Court of the Tatarstan Republic rotation - event classified as assembly post facto Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention on 21/08/2020 in excess of three hours for the sole purpose of drawing a record of administrative offence   13363/21* 10/02/2021 Dmitriy Glebovich BLYUM 1992 Danil Ilnurovich Nurgaleyev Kazan Kazan 21/08/2020 Support of A. Navalnyy Article 20.2 § 5 of CAO, community service of 30 hours 30/09/2020, Supreme Court of the Republic of Tatarstan rotation - event classified as assembly post facto Art. 5 (1) - unlawful deprivation of liberty - arrest at 3 p.m., transfer to a police station and detention between 3.15 p.m. and 8.45 p.m. on 21/08/2020, in excess of three hours, for the sole purpose of drawing up a record of administrative offence.   16046/21* 05/03/2021 Ibragim Abukarovich BARAKHOYEV 1963   Memorial Human Rights Centre Moscow Moscow 11/05/2020 Drawing attention to the applicant’s poor social and economic situation Article 20.2 § 5 of CAO, administrative fine of RUB   10,000 Moscow City Court, 18/01/2021 ban on public events at certain locations - Red Square, Moscow Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 11/05/2020 for the sole purpose of drawing up a record of administrative offence;     Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   20103/21* 23/03/2021 Oksana Viktorovna KLOCHKOVA 1992   Memorial Human Rights Centre Moscow Moscow, 21/08/2020, Support of A. Navalnyy Article 20.2 § 5 of CAO, administrative fine of RUB   15,000 16/02/2021, Moscow City Court   rotation - event classified as assembly post facto Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 21/08/2020 for the sole purpose of drawing up a record of administrative offence (such record compiled on 28/08/2020);     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 - inability to cross-examine the police officers on whose written statements the conviction was based;     Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - - alternatively to Article 10 issue (see, mutatis mutandis , Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-50, 17 April 2018; and Muchnik and Mordovin v. Russia [Committee], nos. 23814/15 and 2707/16, §§ 47-52, 12 February 2019) - arrest, conviction for participation in a series of solo demonstrations held on 21/08/2020 by a group of no less than 20 participants   20125/21* 23/03/2021 Gavit Gavitovich MUKANALIYEV 1988   Memorial Human Rights Centre Moscow Tver, 15/08/2020, Support of activist A. Vazhenkov Article 19.3 § 1 of CAO, administrative fine of RUB   800 14/10/2020, Tver Regional Court   Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 15/08/2020 for the sole purpose of drawing up a record of administrative offence (as confirmed by evidence and raised on appeal);     Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   22643/21* 09/04/2021 Anna Andreyevna SHCHETNIKOVA 1999 Mansur Idrisovich Gilmanov Podolsk Moscow 27/06/2020 Support of activist Yu. Tsvetkova Article 20.2 § 5 of CAO, administrative fine of RUB   15,000 10/11/2020, Moscow City Court rotation - event classified as assembly post facto Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 27/06/2020 in excess of three hours for the sole purpose of drawing a record of administrative offence (such record compiled on 14/07/2020 only);   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 - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based;     Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 issue (see, mutatis mutandis , Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-50, 17 April 2018; and Muchnik and Mordovin v. Russia [Committee], nos. 23814/15 and 2707/16, §§ 47-52, 12 February 2019) - arrest, conviction for participation in a series of solo demonstrations held on a rotation basis of 27/06/2020.   25041/21 25/04/2021 Ivan Aleksandrovich BABKIN 2020 Mariya Olegovna Eysmont Moscow Moscow, 02/06/2020, Protest against police brutality Article 20.2 § 5 of CAO, administrative fine of RUB   20,000 26/10/2020, Moscow City Court rotation - event classified as assembly post facto Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 02/06/2020 for the sole purpose of drawing up a record of an administrative offence,   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 - inability to cross-examine in the open court the police officers on whose written statements the applicant’s conviction was based (the police officer did not appear, although the trial court summoned him);   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 issue (see, mutatis mutandis , Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-50, 17 April 2018; and Muchnik and Mordovin v. Russia [Committee], nos. 23814/15 and 2707/16, §§ 47-52, 12 February 2019) - arrest, conviction for participation in a series of solo demonstrations held on 02/06/2020 by a group of no less than 30 participants   25263/21 25/04/2021 Kseniya Valeryevna LOGINOVA 1984 Mariya Olegovna Eysmont Moscow Moscow, 02/06/2020, Protest against police brutality Article 20.2 § 5 of CAO, administrative fine of RUB   20,000 26/10/2020, Moscow City Court rotation - event classified as assembly post facto Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 02/06/2020 for the sole purpose of drawing up a record of administrative offence (such record only compiled on 16/06/2020);     Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;     Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 issue (see, mutatis mutandis , Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-50, 17 April 2018; and Muchnik and Mordovin v. Russia [Committee], nos. 23814/15 and 2707/16, §§ 47-52, 12 February 2019) - arrest, conviction for participation in a series of solo demonstrations held on 02/06/2020 by a group of no less than 30 participants;   Art. 6 (1) – and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine police officers on whose written reports the conviction was based   25266/21 25/04/2021 Roza Kirillovna POZDNYAKOVA   Mariya Olegovna Eysmont Moscow Moscow, 02/06/2020, Protest against police brutality Article 20.2 § 5 of CAO, administrative fine of RUB   20,000 26/10/2021 Moscow City Court rotation - event classified as assembly post facto Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 02/06/2020 for the sole purpose of drawing up a record of administrative offence (such record only compiled on 16/06/2020);   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 - inability to cross-examine police officers on whose written reports the conviction was based.     Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 issue (see, mutatis mutandis , Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-50, 17 April 2018; and Muchnik and Mordovin v. Russia [Committee], nos. 23814/15 and 2707/16, §§ 47-52, 12 February 2019)- arrest, conviction for participation in a series of solo demonstrations held on 02/06/2020 by a group of no less than 30 participants   26276/21* 30/04/2021 Sergey Petrovich PRONYUSHKIN 1969 Aleksandr Dmitriyevich Peredruk St Petersburg Samara, 15/08/2020, Picket in support of Khabarovsk protesters and against the politics of V. Putin Article 20.2 § 8 of CAO, community service of 150   hours 03/11/2020 Samara Regional Court   Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 22/08/2020 for the sole purpose of drawing a record of administrative offence   26343/21 04/05/2021 Nikolay Vladimirovich ULITIN 1972 Roman Yevgenyevich Kachanov Yekaterinburg Yekaterinburg, 01/08/2020, Support of S. Furgal Article 20.2 § 5 of CAO, administrative fine of RUB   10,000 05/11/2020 Sverdlovsk Regional Court the applicant’s use of his car as a support for two posters considered as a solo demonstration using a "quickly (de)assembled object"     26569/21* 09/05/2021 Yefrosinya Aleksandrovna ROMANOVA 2021 Mansur Idrisovich Gilmanov Podolsk Moscow, 27/06/2020, Support of activist Yu.Tsvetkova Article 20.2 § 5 of CAO, administrative fine of RUB   15,000 10/11/2020, Moscow City Court rotation - event classified as assembly post facto Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 27/06/2020 in excess of three hours for the sole purpose of drawing up a record of administrative offence (such record drawn up on 13/07/2020); 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 - inability to cross-examine in open court police officers on whose written statements the applicant’s conviction was based;     Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 issue (see, mutatis mutandis , Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-50, 17 April 2018; and Muchnik and Mordovin v. Russia [Committee], nos. 23814/15 and 2707/16, §§ 47-52, 12 February 2019) - arrest, conviction for participation in a series of solo demonstrations held on a rotation basis of 27/06/2020 by no less than 50 participants characterised as assembly post facto   30213/21 11/05/2021 Andrey Mikhaylovich SKULTETSKIY 1997 Anna Yevgenyevna Bochilo Barnaul Barnaul, 19/01/2021, Support of A. Navalnyy Article 20.2 § 2 of CAO, administrative detention of 10   days 02/02/2021, Altay Regional Court rotation - event classified as assembly post facto Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention between 23/01/2021 and 25/01/2021 for the sole purpose of drawing up a record of administrative offence (such record was compiled already on 23/01/2021), no evidence / assessment of any "exceptional circumstances" under the CAO;   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 - lack of suspensive effect of an appeal against the sentence of administrative detention (final judgment: 02/02/2021)   31258/21* 01/06/2021 Aleksandr Vladimirovich SYSOYEV 1980     Tambov, 20/08/2020, Support of A. Navalnyy Article 20.2 § 5 of CAO and Article 20.6.1   § 1 of the CAO, administrative fine of RUB   10,000 09/12/2020 Tambov Regional Court   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   31469/21* 26/05/2021 Yan Vladimirovich SIDORENKO 1992 Daniil Alekseyevich Polyakov Voronezh Voronezh, 25/07/2020 Article 20.2 § 5 of CAO, administrative fine of RUB   10,000 Voronezh Region Court, 26/11/2020   Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 25/07/2020 for the sole purpose of drawing up a record of an administrative offence;     Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   31647/21* 29/05/2021 Ilya Valeryevich LYUBIMOV 1993 Varvara Dmitriyevna Mikhaylova St Petersburg St Petersburg, 28/05/2020, Support of arrested journalist I. Azar Article 8.6.1 § 2 of the Law of St Petersburg "On Administrative Offences" of 31 May 2010, a warning 30/11/2020, Kalininskiy District Court of St Petersburg COVID-related ban on public events Art. 5 (1) - unlawful deprivation of liberty - arrest at 6.40 p.m. at the latest, delayed escorting to a police station (9.20 p.m.), detention there on 28/05/2020 in excess of three hours for the sole purpose of drawing up a record of administrative offence;     Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   31691/21* 12/05/2021 Nadezhda Mikhaylovna ZHUYKOVA 1965 Aleksandr Dmitriyevich Peredruk St Petersburg Moscow 30/05/2020, Support of arrested journalist I. Azar Article 20.2 § 5 of CAO, administrative fine of RUB   12,000 26/11/2020, Moscow City Court rotation - event classified as assembly post facto Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention on 30/05/2020 for the sole purpose of drawing up s record of administrative offence (such record compiled on 10/06/2020 only);   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 issue (see, mutatis mutandis , Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-50, 17 April 2018; and Muchnik and Mordovin v. Russia [Committee], nos. 23814/15 and 2707/16, §§ 47-52, 12 February 2019) - arrest, conviction for participation in a series of solo pickets on 30/05/2020 in a group of no less than 10 participants   32184/21* 11/06/2021 Grigoriy Nikolayevich SOKOLOV 1995   Memorial Human Rights Centre Moscow Blagoveshchensk, 23/01/2021, Support of S. Furgal and political prisoners in Russia Article 20.2 § 5 of CAO, administrative fine of RUB 10,000;       Article 20.6.1   §   1 of CAO, administrative fine of RUB   2,000 Amur Regional Court, 02/04/2021 (conviction under Article 20.2   §   5 of the CAO)   Amur Regional Court, 02/04/2021 (conviction under Article 20.6.1   §   1 of the CAO)   Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention on 23/01/2021 in excess of three hours for the sole purpose of drawing up a record of administrative offence;     Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 issue (see, mutatis mutandis , Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-50, 17 April 2018; and Muchnik and Mordovin v. Russia [Committee], nos. 23814/15 and 2707/16, §§ 47-52, 12 February 2019) - discontinuation of the event, the applicant’s arrest and conviction for participation in picketing on 23/01/2021, two final judgments issued on 02/04/2021,   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - conviction for the same event under Article 20.2 § 5 of CAO and Article 20.6.1 § 1 of CAO   24511/22* 22/04/2022 Damir Tabrisovich SHINGAREYEV 1957     Yekaterinburg, 24/02/2022 "before 5 p.m." (as established by the courts), protest against the war in Ukraine Article 20.2 § 2 of CAO, administrative detention of 10   days 05/03/2022, Sverdlovsk Regional Court rotation - event classified as assembly post facto Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention between 8 p.m. on 24/02/2022 and 1.20 a.m. 26/02/2022 as administrative suspect;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of proceedings;     Art. 11 (1) - disproportionate measures against organisers and participants of public assemblies - conviction under Article 20.2 § 5 of CAO for participation in a demonstration against the war in Ukraine "between 6 p.m. and 7 p.m." on 24/02/2022, administrative fine of RUB 15,000, final judgment issued by the Sverdlovsk Regional Court on 25/05/2022;     Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - detention imposed on the applicant on 26/02/2022 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO   2641/23 27/11/2022 Aleksandr Valeryevich KUPRIYANOV 1986     Krasnoyarsk, 01/05/2022, Protest against the war in Ukraine Article 20.6.1 §   1 of CAO, a warning Krasnoyarsk Regional Court, 27/07/2022 conviction for a breach of the COVID-related ban on public events Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention there on 01/05/2022 for the sole purpose of drawing up a record of an administrative offence;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings  Citations
Aucune citation répertoriée pour cette décision.
Décisions connexes
Aucune décision similaire identifiée pour le moment.
Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;COMMUNICATEDCASES;ENG
- Date
- 4 mai 2023
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:001-224828
Données disponibles
- Texte intégral
- Résumé officiel