CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 4 mai 2023
- ECLI
- ECLI:CEDH:001-224830
- Date
- 4 mai 2023
- Publication
- 4 mai 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 30 May 2023   SECOND SECTION Application no.   24326/18 Taskali Kaliyevich KUSHTAYEV against Russia and 75 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 11 of the Convention relating to 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     24326/18* 08/05/2018 Taskali Kaliyevich KUSHTAYEV 1961 Oleg Aleksandrovich Yelanchik Moscow Protest rally Moscow, 05/11/2017     Article 19.3 § 1 of CAO     Article 20.2 § 5 of CAO 15 days of detention     fine of RUB 10,000 Moscow City Court 08/11/2017   Moscow City Court 16/04/2018 Art. 5 (1) - unlawful detention - on 05-07/11/2017 the applicant remained in detention after an offence report had been compiled;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in in both sets of administrative-offence proceedings;     Art. 6 (1) - unfair trial in both sets of administrative offence proceedings - in particular, absence of adequate time and facilities to prepare the defence, impossibility to examine officers whose pre-trial statements or reports were used for convicting the applicant;     Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - overlap of the facts constituting the basis for the applicant’s prosecution and punishment in the second set of proceedings with substantially the same facts underlying his conviction in the first set of proceedings.     37646/18* 26/07/2018 Maksim Aleksandrovich ZHILIN 1978 Yelena Yuryevna Pershakova Moscow Rally to support A. Navalnyy Perm, 07/10/2017 Article 20.2 § 2 of CAO fine of RUB 20,000 Perm Regional Court 26/01/2018 Art. 5 (1) - unlawful detention - on 07-09/10/2017 escorting to and detention in a police station for and after compiling an offence report;     Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 10 (1) - conviction for making calls to participate in public events.     38962/18* 07/08/2018 Vladimir Sergeyevich ASTAFYEV 1994 Ivan Yuryevich Zhdanov Vilnius "Voters’ Strike" rally Volgograd, 28/01/2018 Article 20.2 § 5 of CAO fine of RUB 10,000 Volgograd Regional Court 07/02/2018 Art. 5 (1) - unlawful detention - on 28/01/2018 escorting to a police station for compiling an offence report;     Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.     39066/18* 07/08/2018 Vladislav Dmitriyevich ZHUKOV 1998 Ivan Yuryevich Zhdanov Vilnius "Voters’ Strike" rally Volgograd, 28/01/2018 Article 20.2 § 5 of CAO fine of RUB 10,000 Volgograd Regional Court 07/02/2018 Art. 5 (1) - unlawful detention - on 28/01/2018 escorting to a police station for compiling an offence report;     Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.     39070/18* 07/08/2018 Artemiy Sergeyevich KOROLEV 1999 Ivan Yuryevich Zhdanov Vilnius "Voters’ Strike" rally Volgograd, 28/01/2018 Article 20.2 § 5 of CAO fine of RUB 10,000 Volgograd Regional Court 07/02/2018 Art. 5 (1) - unlawful detention - on 28/01/2018 escorting to a police station for compiling an offence report;     Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.     40393/18* 14/08/2018 Anastasiya Andreyevna ANDREYEVA 1995 Ivan Yuryevich Zhdanov Vilnius "Voters’ Strike" rally Volgograd, 28/01/2018 Article 20.2 § 1 of CAO fine of RUB 20,000 Volgograd Regional Court 21/02/2018 Art. 5 (1) - unlawful detention - on 28/01/2018 escorting to a police station for compiling an offence report;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.     40573/18 18/07/2018 Yegor Olegovich RYABCHENKO 1998 Aleksandr Dmitriyevich Peredruk St Petersburg "Voters’ Strike" rally St Petersburg, 28/01/2018 Article 20.2 § 5 of CAO fine of RUB 10,000 St Petersburg City Court 19/04/2018 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) - unfair trial in administrative offence proceedings - no opportunity to examine police officers whose pre-trial statements or reports were used for convicting the applicant.     41191/18* 20/08/2018 Vladimir Mikhaylovich KRUGLYAKOV 1988 Ivan Yuryevich Zhdanov Vilnius "Voters’ Strike" rally Volgograd, 28/01/2018 Article 20.2 § 5 of CAO fine of RUB 10,000 Volgograd Regional Court 27/02/2018 Art. 5 (1) - unlawful detention - on 28/01/2018 escorting to a police station for compiling an offence report;     Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.     41307/18* 14/08/2018 Salavat Shamgunovich SABIROV 1974 Ivan Yuryevich Zhdanov Vilnius "Voters’ Strike" rally Volgograd, 28/01/2018 Article 20.2 § 5 of CAO fine of RUB 10,000 Volgograd Regional Court 21/02/2018 Art. 5 (1) - unlawful detention - on 28/01/2018 escorting to a police station for compiling an offence report;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   41309/18* 14/08/2018 Roman Olegovich ZAYTSEV 1989 Ivan Yuryevich Zhdanov Vilnius "Voters’ Strike" rally Volgograd, 28/01/2018 Article 20.2 § 1 of CAO fine of RUB 20,000 Volgograd Regional Court 21/02/2018 Art. 5 (1) - unlawful detention - on 28/01/2018 escorting to a police station from compiling an offence report;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   42033/18* 20/08/2018 Vladimir Stepanovich TELPUK 1966 Ivan Yuryevich Zhdanov Vilnius "Voters’ Strike" rally Volgograd, 28/01/2018   Rally to support A. Navalnyy Volgograd, 31/01/2021 Article 20.2 § 5 of CAO     Article 20.2 § 5 of CAO fine of RUB 10,000     fine of RUB 10,000 Volgograd Regional Court 27/02/2018   Volgograd Regional Court 10/03/2021 Art. 5 (1) - unlawful detention - on 28/01/2018 and 31/01/2021 escorting to and detention in a police station for and after compiling offence reports;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of administrative-offence proceedings;   Art. 6 (1) - unfair trial in both sets of administrative offence proceedings.   42034/18* 20/08/2018 Yelena Viktorovna SHEINA 1963 Ivan Yuryevich Zhdanov Vilnius "Voters’ Strike" rally Volgograd, 28/01/2018 Article 20.2 § 5 of CAO fine of RUB 10,000 Volgograd Regional Court 27/02/2018 Art. 5 (1) - unlawful detention - on 28/01/2018 escorting to a police station for compiling an offence report;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   42073/18* 24/05/2018 Aleksandr Valeryevich KOLODKA 1998 Ivan Yuryevich Zhdanov Vilnius "Voters’ Strike" rally Volgograd, 28/01/2018 Article 20.2 § 5 of CAO fine of RUB 10,000 Volgograd Regional Court 01/03/2018 Art. 5 (1) - unlawful detention - on 28/01/2018 escorting to a police station for compiling an offence report;     Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   42829/18* 24/08/2018 Tatyana Alekseyevna KHOKHLOVA 1957 Ivan Yuryevich Zhdanov Vilnius "Voters’ Strike" rally Volgograd, 28/01/2018 Article 20.2 § 5 of CAO fine of RUB 5,000 Volgograd Regional Court 01/03/2018 Art. 5 (1) - unlawful detention - on 28/01/2018 escorting to a police station for compiling an offence report;     Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   43204/18 28/08/2018 Sergey Viktorovich LYAKHOV 2000 Mikhail Mikhaylovich Benyash Sochi Rally to support A. Navalnyy Krasnodar, 07/10/2017 Article 20.2 § 5 of CAO fine of RUB 10,000 Krasnodar Regional Court 28/03/2018     43426/18 27/08/2018 Alena Nikolayevna KORNILKOVA 2000 Yelena Yuryevna Pershakova Moscow Rally to support A. Navalnyy Perm, 07/10/2017 Article 20.2 § 5 of CAO fine of RUB 5,000 Perm Regional Court 27/02/2018     43942/18* 05/09/2018 Mariya Mikhaylovna YEVTYUNINA 1998 Ivan Yuryevich Zhdanov Vilnius "Voters’ Strike" rally Volgograd, 28/01/2018 Article 20.2 § 5 of CAO fine of RUB 10,000 Volgograd Regional Court 14/03/2018 Art. 5 (1) - unlawful detention - on 28/01/2018 escorting to a police station for compiling an offence report;   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) - unfair trial in administrative offence proceedings – lack of opportunity to contest pre-trial statements or reports by police officers.   44286/18* 03/09/2018 Vladimir Albertovich IVAKHNENKO 1973 Ivan Yuryevich Zhdanov Vilnius Rally to support A. Navalnyy Rostov-on-Don, 24/12/2017 Article 20.2 § 6.1 of CAO fine of RUB 15,000 Rostov Regional Court 13/03/2018 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   44294/18* 04/09/2018 Galina Alekseyevna ZABOLOTNEVA 1970 Ivan Yuryevich Zhdanov Vilnius "Voters’ Strike" rally Volgograd, 28/01/2018 Article 20.2 § 5 of CAO fine of RUB 10,000 Volgograd Regional Court 14/03/2018 Art. 5 (1) - unlawful detention - on 28/01/2018 escorting to a police station for compiling an offence report;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   44689/18* 13/09/2018 Konstantin Sergeyevich DNEPROV 1978 Inna Vadimovna Kholodtsova Moscow Protest rally Moscow, 04/11/2017 Article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 14/03/2018 Art. 6 (1) - unfair trial in administrative offence proceedings – inability to examine police officers on whose written statements the applicant’s conviction was based;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   45221/18* 14/09/2018 Nikita Aleksandrovich VYSHKVARKA 1996 Irina Aleksandrovna Yatsenko Moscow Anticorruption rally Moscow, 12/06/2017 Article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 14/03/2018 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) - unfair trial in administrative offence proceedings - inability to examine police officers on whose written statements the applicant’s conviction was based   45675/18* 19/09/2018 Ivan Gennadyevich SMIRNOV 1990 Ivan Yuryevich Zhdanov Vilnius "Voters’ Strike" rally Volgograd, 28/01/2018 Article 20.2 § 5 of CAO fine of RUB 10,000 Volgograd Regional Court 21/03/2018 Art. 5 (1) - unlawful detention - on 28/01/2018 escorting to a police station for compiling an offence report;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   45858/18* 16/09/2018 Irina Ivanovna STRUBINA 1963 Irina Aleksandrovna Yatsenko Moscow Protest rally Moscow, 05/11/2017 Article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 16/03/2018 Art. 5 (1) - unlawful detention - on 05/11/2017 escorting to a police station for compiling an offence report;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   45906/18* 12/09/2018 Marina Frankovna NATAPOVA 1955 Yelizaveta Aleksandrovna Prikhodina Moscow Rally for freedom to political prisoners Moscow, 30/06/2017 Article 20.2 § 5 of CAO fine of RUB 5,000 Moscow City Court 30/03/2018 Art. 5 (1) - unlawful detention - on 30/06/2017 escorting to a police station for compiling an offence report;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   46176/18* 21/09/2018 Sergey Vladimirovich GALENKO 1977 Ivan Yuryevich Zhdanov Vilnius "Voters’ Strike" rally Moscow, 28/01/2018 Article 19.3 § 1 of CAO 7 days of detention Moscow City Court 22/03/2018 Art. 5 (1) - unlawful detention - on 28-29/01/2018 detention in a police station after compiling an offence report;   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) - unfair trial in administrative offence proceedings - no opportunity to examine police officers whose pre-trial statements or reports were used for convicting the applicant.   46401/18* 21/09/2018 Polina Aleksandrovna SIDELNIKOVA 1981 Sergey Aleksandrovich Valiulin Vladivostok "Voters’ Strike" rally Vladivostok, 28/01/2018 Article 20.2 § 5 of CAO fine of RUB 10,000 Primorye Regional Court 18/04/2018     46911/18 12/09/2018 Alisa Georgiyevna BORTNIK 1996 Yelena Yuryevna Pershakova Moscow Anticorruption rally Perm, 07/10/2017 Article 20.2 § 5 of CAO 20 hours of community work Perm Regional Court 12/03/2018 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   46939/18 19/09/2018 Timur Ramilyevich ISANBAYEV 1999 Andzhelika Viktorovna Chernyavskaya Oktyabrskiy Rally to support A. Navalnyy Novosibirsk, 30/09/2017 Article 20.2 § 5 of CAO fine of RUB 5,000 Novosibirsk Regional Court 20/03/2018     47025/18* 25/09/2018 Irina Vladimirovna KHOMYAKOVA 1997 Dmitriy Vladimirovich Zubarev Vladivostok "Voters’ Strike" rally Vladivostok, 28/01/2018 Article 20.2 § 5 of CAO fine of RUB 10,000 Primorye Regional Court 12/03/2018 (the decision was dispatched to the applicant on 22/03/2018 and received by him on 28/03/2018)     47195/18 29/09/2018 Aleksandr Dmitriyevich YANTURAYEV 1971 Aleksey Vladimirovich Glukhov Novocheboksarsk "Voters’ Strike" rally Ufa, 28/01/2018 Article 20.2 § 5 of CAO fine of RUB 10,000 Supreme Court of the Bashkortostan Republic 02/04/2018 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   48410/18* 01/10/2018 Sergey Pavlovich DERKACHEV 1992 Dmitriy Vladimirovich Zubarev Vladivostok "Voters’ Strike" rally Vladivostok, 28/01/2018 Article 20.2 § 5 of CAO fine of RUB 10,000 Primorye Regional Court 02/04/2018 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) - unfair trial in administrative offence proceedings - no opportunity to examine police officers whose pre-trial statements or reports were used for convicting the applicant.   48893/18* 05/10/2018 Aleksandr Nikolayevich KHOTS 1957 Aleksey Valeryevich Vlasov Tula "Voters’ Strike" rally Tula, 28/01/2018 Article 20.2 § 5 of CAO fine of RUB 10,000 Tula Regional Court 04/04/2018 (the decision was sent to the applicant and his lawyer on 12/04/2018) Art. 5 (1) - unlawful detention - on 28/01/2018 escorting to a police station for compiling an offence report;     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) - unfair trial in administrative offence proceedings - no opportunity to examine police officers whose pre-trial statements were used for convicting the applicant.   49691/18 12/10/2018 Dmitriy Stanislavovich LAZAREV 1963   Memorial Human Rights Centre Moscow Protest rally Moscow, 08/10/2017 Article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 12/04/2018 Art. 5 (1) - unlawful detention - on 08/10/2017 escorting to a police station for compiling an offence report;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   49975/18* 11/10/2018 Nadezhda Anatolyevna KOKOYEVA 1994 Aleksey Vladimirovich Glukhov Novocheboksarsk Opposition rally Moscow, 22/01/2018 Article 20.2 § 8 of CAO fine of RUB 300,000 Moscow City Court 12/04/2018 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   49977/18* 10/10/2018 Mark Yuryevich TUMANOV 1972 Ivan Yuryevich Zhdanov Vilnius Opposition rally Voronezh, 05/05/2018 Article 19.3 § 1 of CAO 5 days of detention Voronezh Regional Court 18/06/2018 Art. 5 (1) - unlawful detention - on 05-06/05/2018 detention in a police station for and after compiling an offence report;     Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   50032/18* 10/10/2018 Irina Georgiyevna SOTNIKOVA 1953 Ivan Yuryevich Zhdanov Vilnius Opposition rally Voronezh, 05/05/2018 Article 20.2 § 5 of CAO fine of RUB 5,000 Voronezh Regional Court 19/06/2018 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   50051/18* 10/10/2018 Mstislav Igorevich PISMENKOV 1991 Ivan Yuryevich Zhdanov Vilnius Opposition rally Tyumen, 05/05/2018 Article 20.2 § 8 of CAO fine of RUB 200,000 Tyumen Regional Court 06/06/2018 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) - unfair trial in administrative offence proceedings - no opportunity to examine police officers whose pre-trial statements or reports were used for convicting the applicant.   50053/18* 10/10/2018 Artem Alekseyevich MAKHONOV 1993 Ivan Yuryevich Zhdanov Vilnius Opposition rally Voronezh, 05/05/2018 Article 20.2 § 5 of CAO fine of RUB 10,000 Voronezh Regional Court 04/06/2018 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   50116/18* 10/10/2018 Vyacheslav Valeryevich ABAKUMOV 1986 Ivan Yuryevich Zhdanov Vilnius Opposition rally Voronezh, 05/05/2018 Article 20.2 § 5 of CAO   Article 19.3 § 1 of CAO fine of RUB 10,000   5 days of detention Voronezh Regional Court 14/06/2018 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both cases;     Art. 6 (1) - unfair trial in administrative offence proceedings - no opportunity to examine police officers whose pre-trial statements were used for convicting the applicant - in both cases.   50124/18* 10/10/2018 Sergey Igorevich SENTSOV 1998 Ivan Yuryevich Zhdanov Vilnius Opposition rally Voronezh,   05/05/2018     Article 20.2 § 5 of CAO     Article 19.3 § 1 of CAO fine of RUB 10,000     5 days of detention Voronezh Regional Court 26/06/2018   Voronezh Regional Court 15/06/2018 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both cases;   Art. 6 (1) - unfair trial in administrative offence proceedings - in both cases.   50245/18* 10/10/2018 Aleksey Andreyevich FILONOV 2000 Ivan Yuryevich Zhdanov Vilnius Opposition rally Voronezh, 05/05/2018 Article 19.3 § 1 of CAO 5 days of detention Voronezh Regional Court 15/06/2018 Art. 5 (1) - unlawful detention - on 05-06/05/2018 detention in a police station for and after compiling an offence report;     Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   52385/18* 27/10/2018 Aleksandr Vasilyevich TONKO 1958 Irina Aleksandrovna Yatsenko Moscow Rally of mortgage loaners Moscow, 28/11/2017 Article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 26/04/2018 (delivered several days later to the applicant) Art. 5 (1) - unlawful detention - on 28/11/2017 escorting to a police station for compiling an offence report;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   53206/18* 05/11/2018 Vyacheslav Mikhaylovich KALMYKOV 1991 Konstantin Ilyich Terekhov Moscow Rally to support A. Navalnyy Astrakhan, 28/01/2018 Article 20.2 § 5 of CAO fine of RUB 10,000 Astrakhan Regional Court 11/05/2018     53428/18 31/10/2018 Petr Petrovich PETROV 1957 Yelena Yuryevna Pershakova Moscow Rally to support A. Navalnyy Perm, 07/10/2017 Article 20.2 § 5 of CAO fine of RUB 10,000 Perm Regional Court 06/06/2018 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   53807/18 01/11/2018 Yegor Fedorovich YEREMEYEV 1988 Irina Vadimovna Sergeyeva Moscow Event to support Telegram Moscow, 16/04/2018 Article 20.2.2 § 1 of CAO fine of RUB 10,000 Moscow City Court 30/05/2018 Art. 5 (1) - unlawful detention - on 16-17/04/2018 escorting to and detention in a police station for compiling an offence report;     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) - unfair trial in administrative offence proceedings - no opportunity to examine police officers whose pre-trial statements or reports were used for convicting the applicant.   53905/18* 27/10/2018 Vladimir Vasilyevich GONTAR 1971 Irina Aleksandrovna Yatsenko Moscow Rally of mortgage loaners Moscow, 28/11/2017 Article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 26/04/2018 (delivered several days later to the applicant) Art. 5 (1) - unlawful detention - on 28/11/2017 escorting to a police station for compiling an offence report;     Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   54895/18 31/10/2018 Kirill Andreyevich KLYUSOV 1999 Vitaliy Viktorovich Cherkasov St Petersburg Opposition rally St Petersburg, 05/05/2018 Article 20.2 § 5 of CAO fine of RUB 10,000 St Petersburg City Court 14/06/2018 Art. 5 (1) - unlawful detention - on 05-06/05/2018 escorting to and detention in a police station for and after compiling an offence report;     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) - unfair trial in administrative offence proceedings - no opportunity to examine police officers whose pre-trial statements were used for convicting the applicant.   55664/18 13/11/2018 Lyudmila Aleksandrovna SUKOVA 1987 Irina Vadimovna Sergeyeva Moscow Event to support Telegram Moscow, 16/04/2018 Article 20.2.2 § 1 of CAO fine of RUB 10,000 Moscow City Court 30/05/2018 Art. 5 (1) - unlawful detention - on 16-17/04/2018 escorting to and detention in a police station for compiling an offence report;     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) - unfair trial in administrative offence proceedings - no opportunity to examine police officers whose pre-trial statements or reports were used for convicting the applicant.   56196/18 16/11/2018 Sofya Dmitriyevna TROFIMOVA 1999 Irina Vadimovna Sergeyeva Moscow Event to support Telegram Moscow, 16/04/2018 Article 20.2.2 § 1 of CAO fine of RUB 10,000 Moscow City Court 30/05/2018 Art. 5 (1) - unlawful detention - on 16-17/04/2018 escorting to and detention in a police station for compiling an offence report;     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) - unfair trial in administrative offence proceedings - no opportunity to examine police officers whose pre-trial statements or reports were used for convicting the applicant.   7615/19* 21/01/2019 Vyacheslav Borisovich STEBLIN 1968 Ivan Yuryevich Zhdanov Vilnius Opposition rally Moscow, 05/05/2018   Rally to support I.   Golunov Moscow, 12/06/2019 Article 20.2 § 5 of CAO     Article 19.3 § 1 of CAO     Article 20.2 § 8 of CAO fine of RUB 15,000     fine of RUB 1,000     fine of RUB 150,000 Moscow City Court 06/08/2018   Moscow City Court 22/10/2018   Moscow City Court 12/11/2019 Art. 5 (1) - unlawful detention - on 12-13/06/2019 escorting to and detention in a police station for and after compiling an offence report;     Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in all cases;   Art. 6 (1) - unfair trial in administrative offence proceedings - no opportunity to examine police officers whose pre-trial statements or reports were used for convicting the applicant in all cases.   17438/19* 18/03/2019 Vyacheslav Vladimirovich VERESHCHAGIN 1972 Maksim Vladimirovich Olenichev St Petersburg LGBT-rights rally St Petersburg, 04/08/2018 Article 20.2 § 8 of CAO fine of RUB 150,000 St Petersburg City Court 25/09/2018 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) - unfair trial in administrative offence proceedings - no opportunity to examine police officers whose pre-trial statements or reports were used for convicting the applicant, and to take part in the appeal hearing.   20139/19* 02/04/2019 Svetlana Nikolayevna VOLKOVA 1982 Aleksandr Yevgenyevich Pomazuyev Vilnius Rally against the pension reform Yekaterinburg, 09/09/2018 Article 20.2 § 5 of CAO fine of RUB 10,000 Sverdlovsk Regional Court 22/11/2018 Art. 5 (1) - unlawful detention - on 09/09/2018 escorting to a police station for compiling an offence report.   20144/19* 02/04/2019 Aleksey Andreyevich BARINOV 1988 Aleksandr Yevgenyevich Pomazuyev Vilnius Rally against the pension reform Yekaterinburg, 09/09/2018 Article 20.2 § 5 of CAO fine of RUB 10,000 Sverdlovsk Regional Court 22/01/2019 Art. 5 (1) - unlawful detention - on 09/09/2018 escorting to a police station for compiling an offence report;     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) - unfair trial in administrative offence proceedings - no opportunity to examine police officers whose pre-trial statements or reports were used for convicting the applicant.   21001/19* 02/04/2019 Kirill Sergeyevich BADULIN 1996 Aleksandr Yevgenyevich Pomazuyev Vilnius Opposition rally Moscow, 05/05/2018 Article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 30/11/2018 Art. 5 (1) - unlawful detention - on 05/05/2018 escorting to a police station for compiling an offence report;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   29446/19* 17/05/2019 Nikolay Anatolyevich DUBININ 1989 Oleg Aleksandrovich Yelanchik Moscow Rally against the pension reform Moscow, 10/09/2018 Article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 20/11/2018 Art. 5 (1) - unlawful detention - on 10/09/2018 escorting to a police station for compiling an offence report;     Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   29896/19* 27/05/2019 Yekaterina Igorevna MAKSIMOVA 1988 Ruslan Vladimirovich Sozonov Nizhniy Novgorod Rally against the pension reform Nizhniy Novgorod, 09/09/2018 Article 20.2 § 6.1 of CAO fine of RUB 11,000 Nizhniy Novgorod Regional Court 28/11/2018 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   34163/19 05/06/2019 Ilyana Aleksandrovna SOLOVYEVA 1978     Animal-rights protest Voronezh, 03/11/2018 Article 20.2 § 5 of CAO fine of RUB 10,000 Voronezh Regional Court 06/12/2018 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   34938/19 17/06/2019 Vadim Dmitriyevich SUKHONENKO 1996 Andzhelika Viktorovna Chernyavskaya Oktyabrskiy Rally against the pension reform Novosibirsk, 09/09/2018 Article 20.2 § 5 of CAO fine of RUB 5,000 Novosibirsk Regional Court 18/12/2018     35380/19* 17/06/2019 Veronika Nikolayevna RAZUMOVA 1989 Andzhelika Viktorovna Chernyavskaya Oktyabrskiy Rally against the pension reform Novosibirsk, 09/09/2018 Article 20.2 § 5 of CAO fine of RUB 10,000 Novosibirsk Regional Court 18/12/2018     35915/19* 14/06/2019 Vladislav Yuryevich KRASAVIN 2000 Irina Aleksandrovna Yatsenko Moscow Opposition rally Moscow, 28/10/2018 Article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 14/12/2018 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) - unfair trial in administrative offence proceedings - no opportunity to examine police officers whose pre-trial statements or reports were used for convicting the applicant.   38683/19* 19/07/2019 Dmitriy Yuryevich LVOV 1992 Aleksandr Yevgenyevich Pomazuyev Vilnius Opposition rally Moscow, 05/05/2018     Article 19.3 § 1 of CAO       Article 20.2 § 5 of CAO fine of RUB 1,000       fine of RUB 10,000 Moscow City Court 22/03/2019   Moscow City Court 18/02/2019 Art. 5 (1) - unlawful detention - on 05-07/05/2018 detention in a police station for and after compiling the offence reports.   38921/19* 10/07/2019 Vea Iosifovna KERPEL 1985 Igor Nikolayevich Sholokhov Kazan Rally against the construction of a waste-disposal factory Kazan, 17/08/2018 Article 20.2 § 2 of CAO fine of RUB 20,000 Supreme Court of the Tatarstan Republic 15/05/2019 Art. 5 (1) - unlawful detention - on 28/03/2019 and 02/04/2019 escorting to a police station for recompiling an offence report in relation to the rally on 17/08/2018;     Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   40293/19* 17/07/2019 Vladislav Alekseyevich KRASNOV 1998     Rally against the pension reform Moscow, 10/09/2018 Article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 18/01/2019 Art. 5 (1) - unlawful detention - on 10/09/2018 escorting to and detention in a police station for compiling an offence report;     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) - unfair trial in administrative offence proceedings - no opportunity to examine police officers whose pre-trial statements or reports were used for convicting the applicant.   41207/19* 16/07/2019 Dmitriy Aleksandrovich KOROLEV 1999     Opposition rally Moscow, 05/05/2018 Article 20.2 § 5 of CAO fine of   RUB 10,000 Moscow City Court 16/01/2019 Art. 5 (1) - unlawful detention - on 05-06/05/2018 escorting to and detention in a police station for compiling an offence report;     Art. 6 (1) - unfair trial in administrative offence proceedings - no opportunity to examine police officers whose pre-trial statements or reports were used for convicting the applicant;     Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   41971/19* 24/07/2019 Yevgeniy Valeryevich NAYMUSHIN 1985 Irina Aleksandrovna Yatsenko Moscow Opposition rally Moscow, 05/05/2018 Article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 24/01/2019 Art. 5 (1) - unlawful detention - on 05-06/05/2018 escorting to and detention in a police station for compiling an offence report;     Art. 6 (1) - unfair trial in administrative offence proceedings - no opportunity to examine police officers whose pre-trial statements or reports were used for convicting the applicant;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   42083/19* 16/07/2019 Denis Mikhaylovich YEREMIN 1987 Aleksandr Yevgenyevich Pomazuyev Vilnius Rally against the pension reform Moscow, 09/09/2018 Article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 14/03/2019 Art. 5 (1) - unlawful detention - on 09/09/2018 escorting to and detention in a police station for compiling an offence report.   43748/19* 30/07/2019 Grigoriy Andreyevich IVANOV 1987 Galina Vasilyevna Koroleva Yekaterinburg Rally against the pension reform Yekaterinburg, 09/09/2018 Article 20.2 § 5 of CAO fine of RUB 10,000 Sverdlovsk Regional Court 27/02/2019 Art. 5 (1) - unlawful detention - on 09-10/09/2018 escorting to and detention in a police station for compiling an offence report;     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) - unfair trial in administrative offence proceedings – in particular, absence of legal assistance in the police station, lack of adequate time to prepare the defence, lack of free legal assistance.   13474/20* 02/03/2020 Aleksandr Andreyevich BAIKIN 1990     Rally to support A. Navalnyy Yaroslavl, 07/10/2017                           Rally to support A. Navalnyy   Yaroslavl, 31/01/2021 Article 19.3 § 1 of CAO                                 Article 20.2 § 5 of CAO case discontinued for lack of corpus delicti                             fine of RUB 10,000 Kirovskiy District Court of Yaroslavl 09/10/2017 (the applicant lodged a claim for compensation due to unlawful administrative proceedings, arrest and violation of his freedom of assembly – final judgment by the Russian Supreme Court on 18/09/2019)   Yaroslavl Regional Court 09/04/2021 Art. 5 (1) - unlawful detention –on 07-09/10/2017 and 31/01/2021 escorting to and detention in a police station for compiling offence reports; compensation case in relation to the proceedings in 2017 was dismissed (final decision on 18/09/2019 by Supreme Court);     Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in the 2021 case.   39198/21* 28/07/2021 Sergey Sergeyevich SMIRNOV 1988   Memorial Human Rights Centre Moscow Rally to support A. Navalnyy Moscow, 31/01/2021 Article 20.2 § 6.1 of CAO 8 days of detention Moscow City Court 18/02/2021 Art. 5 (1) - unlawful detention - on 31/01/2021-01/02/2021 escorting to and detention in a police station for and after compiling an offence report;     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) - unfair trial in administrative offence proceedings - lack of legal assistance in pre-trial proceedings, impossibility to examine police officers on whose written statements the applicant’s conviction was based;     Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - lack of suspension effect of an appeal against the sentence of detention.   40550/21* 30/07/2021 Oleg Stanislavovich VODYANITSKIY 1967 Ivan Yuryevich Zhdanov Vilnius Rally to support A. Navalnyy Kaliningrad, 31/01/2021 Article 20.2 § 2 of CAO 5 days of detention Kaliningrad Regional Court 04/02/2021 Art. 5 (1) - unlawful detention - on 30-31/01/2021 escorting to and detention in a police station for compiling an offence report;     Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 10 (1) - conviction for making calls to participate in public events.   43836/21* 12/08/2021 Amir Radikovich IBATULLIN 1998 Andrey Yevgenyevcich Shchukin Nizhniy Tagil Rally to support A. Navalnyy Yekaterinburg, 31/01/2021 Article 20.2 § 5 of CAO 20 hours of community work Sverdlovsk Regional Court 08/06/2021 Art. 5 (1) - unlawful detention - on 31/01/2021 escorting to a police station for compiling an offence report;     Art. 6 (1) - unfair trial in administrative offence proceedings - inability to cross-examine police officers on whose written statements the conviction was based;   Art. 11 (1) - various restrictions on the right to freedom of peaceful assembly - unlawful sentence of community work.   44736/21* 18/08/2021 Aleksandr Vladimirovich MATVEYEV 1995 Andrey Yevgenyevcich Shchukin Nizhniy Tagil Rally to support A. Navalnyy Yekaterinburg, 21/04/2021 Article 20.2 § 5 of CAO 30 hours of community work Sverdlovsk Regional Court 14/07/2021 Art. 5 (1) - unlawful detention - on 21/04/2021 escorting to a police station for compiling an offence report;   Art. 11 (1) - various restrictions on the right to freedom of peaceful assembly - unlawful sentence of community work.   44737/21* 18/08/2021 Andrey Olegovich LIPATOV 1992 Roman Yevgenyevich Kachanov Yekaterinburg Rally to support A. Navalnyy Yekaterinburg, 31/01/2021 Article 20.2 § 5 of CAO 30 hours of community work Sverdlovsk Regional Court 01/04/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;     Art. 11 (1) - various restrictions on the right to freedom of peaceful assembly - unlawful sentence of community work.   47103/21* 15/09/2021 Stepan Yevgenyevich SHIROBOKOV 1999 Aleksandr Yevgenyevich Pomazuyev Vilnius Rally to support A. Navalnyy Tomsk, 23/01/2021 Article 20.2 § 5 of CAO fine of RUB 15,000 Tomsk Regional Court 26/03/2021 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) - unfair trial in administrative offence proceedings - inability to cross-examine police officers on whose written statements the conviction was based   48286/21* 10/09/2021 Nikolay Nikolayevich YUGIN 1967 Aleksandr Yevgenyevich Pomazuyev Vilnius Rally to support A. Navalnyy Tomsk, 31/01/2021 Article 20.2 § 5 of CAO fine of RUB 10,000 Tomsk Regional Court 19/03/2021 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) - unfair trial in administrative offence proceedings - inability to cross-examine police officers on whose written statements the conviction was based   54253/21* 20/10/2021 Vladimir Pavlovich DRAGUN 1986 Luiza Magomedovna Magomedova St Petersburg Rally to support protesters in Belarus St Petersburg, 24/01/2021 Article 20.2 § 8 of CAO 9 days of detention St Petersburg City Court 27/04/2021 Art. 5 (1) - unlawful detention - on 23-24/03/2021 escorting to and detention in a police station for and after compiling an offence report in relation to the rally on 24/01/2021;     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) - unfair trial in administrative offence proceedings – in particular, no opportunity to examine officers who took measures (inter alia, using the facial-recognition technology) to identify the applicant from online material and whose pre-trial reports or statements were used for convicting him;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - lack of suspensive effect of an appeal against sentence of detention and its immediate execution.  Citations
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Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;COMMUNICATEDCASES;ENG
- Date
- 4 mai 2023
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:001-224830
Données disponibles
- Texte intégral
- Résumé officiel