CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 4 mai 2022
- ECLI
- ECLI:CEDH:001-224953
- Date
- 4 mai 2022
- Publication
- 4 mai 2022
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 } .s75A32C27 { border-collapse:collapse } .s3695F815 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top; background-color:#dfdfdf } .sDF237D91 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:8pt } .sEECE831 { font-family:Arial; font-weight:bold; color:#474747 } .sE8934522 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top } .s6B505E72 { margin:0pt; padding-left:0pt } .s4F2ADFDB { text-align:center; font-family:Arial; font-size:8pt; list-style-position:inside } .sBB6163A7 { width:2.48pt; font:7pt 'Times New Roman'; display:inline-block } .s5FFF0A7E { margin-top:0pt; margin-bottom:0pt; font-size:8pt } .sF7147D91 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:5pt } .s5218E8B1 { height:43.3pt } Published on 30 May 2023   SECOND SECTION Application no.   16001/17 Viktor Mikhaylovich KAPITONOV against Russia and 25 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     16001/17* 11/02/2017 Viktor Mikhaylovich KAPITONOV 1995 Nikolay Sergeyevich Zboroshenko Mytishchi Manifestation in support of Ukraine, political prisoners, and N. Savchenko Moscow 25/03/2016   Reading out loud the Constitution together with other persons Moscow 12/09/2016 article 20.2 § 5 of CAO, article 19.3 § 1 of CAO     article 20.2 § 8 of CAO fines of RUB 10,000 and RUB 1,000       fine of RUB 250,000 Moscow City Court, 26/08/2016 and 12/08/2016       Moscow City Court 14/12/2016 Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”: - on 25/03/2016, from 5.30 to 8.55 p.m., - on 01/09/2016, from 7.10 to 10.30 p.m. (8.30 according to the record), - on 12/09/2016, from 7.00 to 10.15 p.m. (see Butkevich v. Russia , no. 5865/07, §§ 63-65, 13 February 2018, Tsvetkova and Others v. Russia , nos. 54381/08 and 5 others, §§   121 ‑ 23, 10 April 2018, and Korneyeva v. Russia , no. 72051/17, §§   34-36, 8 October 2019),   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of the administrative-offence proceedings (see Karelin v. Russia , no. 926/08, 20 September 2016   Art. 6 (1) and (3) (d) - inability to cross-examine in open court a police officer on whose written statements the applicant’s conviction was based (in respect of all the proceedings)   Art. 10 (1) - disproportionate measures against solo demonstrators - solo manifestation on 01/09/2016 against President Putin; article 20.2 § 8 of CAO; administrative fine of RUB 300,000; final decision: Moscow City Court, 10/04/2017 (see Novikova and Others v. Russia , nos. 25501/07 and 4 others, §§ 106-215, 26 April 2016)   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - The applicant was convicted twice for participating in the same event of 25/03/2016: under article 20.2 § 5 of CAO and under article 19.3 § 1 of CAO, final decisions: Moscow City Court, 26/08/2016 and 12/08/2016 (see Korneyeva , cited above, §§ 47-65)             34912/17* 06/05/2017 Natalya Yevgenyevna NETISHINSKAYA 1962 Nikolay Sergeyevich Zboroshenko Mytishchi Manifestation in support of Ukraine, political prisoners and N. Savchenko Moscow 08/03/2016 article 20.2 § 5 of CAO, article 19.3 § 1 of CAO fines of RUB 15,000 and RUB 1,000, respectively Moscow City Court 18/11/2016 (both decisions on the same date) Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings (see Karelin , cited above)   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - The applicant was convicted twice for participating in the same event of 08/03/2016: under article 20.2 § 5 of CAO and under article 19.3 § 1 of CAO, final decisions: Moscow City Court, 18/11/2016 (two decisions on the same date) (see Korneyeva , cited above, §§ 47-65)     70527/17* 07/09/2017 Oleg Vyacheslavovich ZHITKOV 1989 Konstantin Ilyich Terekhov Moscow Manifestation against corruption St Petersburg 12/06/2017 article 19.3 § 1 of CAO, article 20.2 § 5 of CAO fine of RUB 500 and fine of RUB 10,000 St Petersburg City Court 04/07/2017 Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 12/06/2017, 3.00 p.m. to 13/06/2017, 1.00 p.m.; the applicant remained detained even after the record of administrative offence had been drawn up (see Butkevich , §§ 63-65, Tsvetkova and Others , §§ 121-23, and Korneyeva , §§ 34-36, all cited above)   Art. 6 (1) - impartiality of the tribunal in view of the absence of a prosecuting party in administrative proceedings under Art. 20.2 § 5 of CAO (see Karelin , cited above)   Art. 6 (1) and (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     71203/17* 26/09/2017 Aleksandr Viktorovich DYACHENKO 1990   Roman Gennadyevich KOSTROMSKOY 1971   Dmitriy Sergeyevich BYKOV 1991   Aleksey Vladimirovich SIDOROV 1986   Vladimir Valeryevich VERKHOTUROV 1983   Almaz Azarovich GABDULLIN 1975   Dmitriy Nikolayevich ALEKSEYEV 1973   Aleksandr Andreyevich GLOBIN 1990   Andrey Alekseyevich OSIYUK 1995   Aleksandr Viktorovich OLSHEVSKIY 1995   Artem Aleksandrovich VASILYEV 1989   Memorial Human Rights Centre Moscow Manifestation against corruption following investigation of A.   Navalnyy concerning D.   Medvedev Moscow 26/03/2017 article 20.2 § 5 of CAO, article 20.2 § 6.1 of CAO, article 19.3 § 1 of CAO fines from RUB 1,000 to 20,000, as well as administrative detention of 10 days in respect of the applicants nos. 2, 5 and 10 (Mrs Bykov, Gabdullin and Vasilyev) Moscow City Court, decisions issued between 08/06/2017 and 18/07/2017 Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 26/03/2017 to 27/03/2017; the 4th applicant’s detention (Mr   Verkhoturov) was not recorded; the time of apprehension of some applicants indicated in the records was at variance with the real time; 1st, 3rd, 4th, 7th and 8th applicants spent more than 3 hours in police van before having been brought to the police station (see Butkevich , §§ 63-65, Tsvetkova and Others , §§ 121-23, and Korneyeva , §§ 34-36, all cited above)   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of the administrative-offence proceedings against all the applicants (see Karelin , cited above) Art. 6 (1) and (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 applicants’ conviction was based;   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - Mr Bykov (applicant no. 2), Mr Gabdullin (applicant no. 5) and Mr Vasilyev (applicant no. 10) were convicted twice for participating in the same event of 26/03/2017: under article 20.2 § 5 of CAO, and under article 19.3 § 1 of CAO, for fines and detention (see Korneyeva , cited above, §§ 47-65)     74563/17* 12/10/2017 Dmitriy Yuryevich ILYIN 1977 Aleksandr Dmitriyevich Peredruk St Petersburg Manifestation in support of rotation of high-ranked state officials St Petersburg 29/04/2017 article 20.2 § 5 of CAO, article 19.3 § 1 of CAO fine of RUB 10,000 and administrative detention of   5 days St Petersburg City Court, 06/07/2017 and 01/08/2017 Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 29/04/2017 2.35 p.m. to 30/04/2017 10.30 a.m.; the applicant remained in detention even after the said protocol was drawn up (see Butkevich , §§ 63-65, Tsvetkova and Others , §§ 121-23, and Korneyeva , §§ 34-36, all cited above)   Art. 6 (1) and (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;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - [raised under Article 5 § 4] the administrative detention was enforced immediately after the decision of the first-instance court (see Tsvetkova and Others , §§ 179-191, cited above, and Martynyuk v. Russia , no. 13764/15, §§ 38-42, 8 October 2019)   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings – The applicant was convicted twice for participating in the same event on 29/04/2017: under article 19.3 § 1 CAO and under article 20.2 § 5 ((see Korneyeva , cited above, §§ 47-65)     76652/17* 30/10/2017 Olga Aleksandrovna POLYAKOVA 1987 Olga Vladimirovna Karacheva St Petersburg Manifestation against corruption St Petersburg 12/06/2017     Manifestation in support of A.   Navalnyy St Petersburg 31/01/2021 article 20.2 § 5 of CAO, article 19.3 § 1 of CAO     article 20.2 § 5 of CAO fine of RUB 10,000 and administrative detention of 12 days   administrative detention of 10 days St Petersburg City Court, 14/06/2017 and 20/06/2017     St Petersburg City Court 10/02/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”: - from 12/06/2017, 02.35 p.m. to 14/06/2017, in the morning, when the first instance hearings on the applicant’s administrative offence case started; - from 31/01/2021, 5.15 p.m. to 01/02/2021, 9.20 a.m. when the first instance hearings on the applicant’s administrative case started (see Butkevich , §§ 63-65, Tsvetkova and Others , §§ 121-23, and Korneyeva , §§ 34-36, all cited above)   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of the administrative-offence proceedings (see Karelin , cited above);   Art. 6 (1) and (3) (d) - inability to cross-examine in open court police officers on whose written statements the applicant’s conviction was based and to submit evidence, including video recordings, in defence of the applicant’s version of events on an equal footing with the prosecution (in all sets of the administrative offence proceedings);   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - applicant served her sentence of administrative detention of 10 days before the appeal judgment of the St Petersburg City Court of 10/02/2021 was delivered (see Tsvetkova and Others , §§ 179-191, and Martynyuk,§§ 38-42, all cited above);   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was convicted twice regarding her participation in one and the same demonstration on 12/06/2017: under Arts. 19.3 § 1 and 20.2 § 5 of CAO, to administrative detention and fine, final decisions of St Petersburg City Court: 14/06/2017 and 20/06/2017 (see Korneyeva , cited above, §§ 47-65)     82870/17* 30/11/2017 Sergey ANTIPOV 1991   Memorial Human Rights Centre Moscow Manifestation against corruption Moscow 26/03/2017 article 19.3 § 1 of CAO, article 20.2 § 5 of CAO fines of RUB 1,000 and 10,000 Moscow City Court, 31/05/2017 and 02/06/2017 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 (see Karelin , cited above)   Art. 6 (1) - and Art. 6 (3) (d) - inability to cross-examine in open court police officers on whose written statements the applicant’s conviction was based   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was convicted twice regarding his participation in one and the same public assembly on 26/03/2017: under art. 19.3 § 1 and under art. 20.2 § 5 of CAO, final decisions of Moscow City Court: 31/05/2017 and 02/06/2017 (see Korneyeva , cited above, §§ 47-65)     83026/17* 30/11/2017 Daniil Nikolayevich KONEV 1984 Aleksandr Dmitriyevich Peredruk St Petersburg Manifestation against corruption St Petersburg 12/06/2017 article 19.3 § 1 of CAO, article 20.2 § 5 of CAO administrative detention of 11 days, and fine of RUB 15,000 St Petersburg City Court, 16/06/2017 and 11/07/2017 Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 12/06/2017, 3.30 p.m. to 13/06/2017 when the applicant’s trial on the administrative offence started; the applicant remained in detention after the offence record had been drawn up (see Butkevich , §§ 63-65, Tsvetkova and Others , §§ 121-23, and Korneyeva , §§ 34-36, all cited above);   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both administrative-offence proceedings (see Karelin , cited above);   Art. 6 (1) and (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,   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was convicted twice regarding his participation in one and the same demonstration on 12/06/2017: under art. 19.3 § 1 and under art. 20.2 § 5 of CAO (see Korneyeva , cited above, §§ 47-65)     83317/17* 30/11/2017 Anton Igorevich KHALTUNEN 1993 Aleksandr Dmitriyevich Peredruk St Petersburg Manifestation against corruption St Petersburg 12/06/2017 article 19.3 § 1 of CAO, article 20.2 § 5 of CAO 8 days of administrative detention and administrative fine of RUB 10,000 St Petersburg City Court, 20/06/2017 and 18/07/2017 Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 12/06/2017, 3.30 p.m. to 13/06/2017, 6.00 p.m. when the applicant’s trial on the administrative offence proceedings started (see Butkevich , §§ 63-65, Tsvetkova and Others , §§ 121-23, and Korneyeva , §§ 34-36, all cited above);   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings (see Karelin , cited above);   Art. 6 (1) and (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - failure to question the arresting police officers in court;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - (formulated under A 5 § 4): The sentence of administrative detention imposed on the applicant on 13/06/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO (see Tsvetkova and Others , §§ 179-191, and Martynyuk, §§ 38-42, all cited above);   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was convicted twice for his participation on the same public assembly: under article 20.2(5) CAO and under article 19.3(1) CAO (see Korneyeva , cited above, §§ 47-65)   84076/17* 14/12/2017 Polina Yuryevina APANASOVA 1999 Konstantin Ilyich Terekhov Moscow Manifestation against corruption St Petersburg 12/06/2017 article 19.3 § 1 of CAO, article 20.2 § 5 of CAO administrative detention of   10 days and fine of RUB 10,000 St Petersburg City Court, 16/06/2017 and 13/06/2017 Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 12/06/2017 to 13/06/2017 when the applicant’s trial on the administrative offence proceedings started (see Butkevich , §§ 63-65, Tsvetkova and Others , §§ 121-23, and Korneyeva , §§ 34-36, all cited above);;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings (see Karelin , cited above)   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant on 13/06/2017 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO (see Tsvetkova and Others , §§ 179-191, and Martynyuk , §§ 38-42, all cited above)   84164/17* 14/12/2017 Sergey Aleksandrovich MOLODTSOV 1981 Konstantin Ilyich Terekhov Moscow Manifestation against corruption St Petersburg 12/06/2017 article 20.2 § 5 of CAO, article 19.3 § 1 of CAO fine of RUB 10,000 and administrative detention of 6 days St Petersburg City Court 16/06/2017 and 06/07/2017 Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 12/06/2017, 2.30 p.m. to 14/06/2017, when the applicant’s trial on the administrative offence started; the applicant remained in detention even after the said record had been drawn up (see Butkevich , §§ 63-65, Tsvetkova and Others , §§ 121-23, and Korneyeva , §§ 34-36, all cited above);   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings (see Karelin , cited above) ;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - lack of suspensive effect of an appeal against the sentence of administrative arrest, immediate execution of that sentence after the conviction on 14/06/2017 by the Kalininskiy District Court of St Petersburg (see Tsvetkova and Others , §§ 179-191, and Martynyuk , §§ 38-42, all cited above)   553/18* 13/12/2017 Pavel Alekseyevich ZAKHAROV 1974 Svetlana Sergeyevna Ratnikova St Petersburg Manifestation against corruption St Petersburg 29/04/2017 article 20.2 § 5 of CAO, article 19.3 § 1 of CAO fines of RUB 10,000 and RUB 500 St Petersburg City Court, 20/06/2017 (both decisions of the same date) Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings (see Karelin , cited above) =;   Art. 6 (1) and (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;   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings – the applicant was convicted twice for participating in the same event: under article 20.2(5) CAO and article 19.3(1) CAO for a failure to cease participation in a non-notified public event (to disperse) (see Korneyeva , cited above, §§ 47-65)   2947/18* 13/12/2017 Yuliya Valeryevna ROSINA 1974 Svetlana Sergeyevna Ratnikova St Petersburg Manifestation against corruption St Petersburg 12/06/2017 article 19.3 § 1 of CAO, article 20.2 § 5 of CAO administrative detention of 5 days and fine RUB 10,000 St Petersburg City Court, 16/06/2017 and 23/06/2017 Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 2.35 p.m. on 12/06/2017 to 13/06/2017; the applicant remained in detention even after the said record had been drawn up (see Butkevich , §§ 63-65, Tsvetkova and Others , §§ 121-23, and Korneyeva , §§ 34-36, all cited above);   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in respect of the proceedings under art. 19.3 of CAO (final decision: St Petersburg City Court, 16/06/2017) (see Karelin , cited above);   Art. 6 (1) and (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;   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - The applicant was convicted twice for participating in the same event of 12/06/2017: under article 20.2 § 5 of CAO and under article 19.3 § 1 of CAO (see Korneyeva , cited above, §§ 47-65)   4553/18* 25/12/2017 Valeriy Borisovich SAPRYKIN 1979 Nikolay Sergeyevich Zboroshenko Mytishchi Manifestation against Russian Government and corruption Khimki, Moscow region 21/05/2017 article 19.3 § 1 of CAO, article 20.2 § 5 of CAO fines of RUB 500 and of RUB 10,000 Moscow Regional Court, 29/06/2017 and 06/07/2017 Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.00 p.m. 21/05/2017 to 23/05/2017 at noon; the applicant remained in detention even after the offence record had been drawn up (see Butkevich , §§ 63-65, Tsvetkova and Others , §§ 121-23, and Korneyeva , §§ 34-36, all cited above);   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings (see Karelin , cited above);   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - The applicant was convicted twice for non-compliance with police orders in the context of the same public event on 21/05/2017 in the Moscow region, Khimki: under article 19.3 § 1 of CAO and under article 20.2 § 5 of CAO (see Korneyeva , cited above, §§ 47-65)   5196/18* 29/12/2017 Aleksandr Gennadyevich SOKOVNIN 1961 Ivan Yuryevich Zhdanov Vilnius Manifestation against corruption   St Petersburg 12/06/2017 article 20.2 § 5 of CAO fine of RUB 10,000 St Petersburg City Court, 06/07/2017 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings under article 20.2 § 5 of CAO (see Karelin , cited above);   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - complaint invoked in substance. The applicant was convicted twice for participating in the same public event on 12/06/2017: under article 19.3 § 1 of CAO (administrative detention of 10 days, last final decision of 16/06/2017) and under article 20.2 § 5 of CAO (fine of RUB 10,000, last final decision of 06/07/2017) (see Korneyeva , cited above, §§ 47-65)   8014/18* 13/01/2018 Lidiya Borisovna GRIBKOVA 1995 Marina Vladimirovna Bukina St Petersburg Manifestation against corruption St Petersburg 12/06/2017 article 19.3 § 1 of CAO,       article 20.2 § 5 of CAO fines of RUB 500       RUB 10,000 St Petersburg City Court 13/07/2017 (both decisions on the same date) Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.00 p.m. 12/06/2017 to 13/06/2017, until the first instance hearings on the applicant’s administrative offence case (see Butkevich , §§ 63-65, Tsvetkova and Others , §§ 121-23, and Korneyeva , §§ 34-36, all cited above);   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings (see Karelin , cited above);   Art. 6 (1) and (3) (d) -unfair trial on account of inability to cross-examine in open court police officers on whose written statements the applicant’s convictions were based;   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was convicted twice: for a failure to cease participation in the same public assembly (to disperse) under article 20.2 § 5 CAO and under article 19.3 § 1 CAO (see Korneyeva , cited above, §§ 47-65)   21998/18* 18/04/2018 Andrey Okhizovich ZHEKSIMBAYEV 1986 Aleksandr Dmitriyevich Peredruk St Petersburg Manifestation in support of Navalnyy and free elections St Petersburg 08/10/2017 article 19.3 § 1 of CAO,     article 20.2 § 8 of CAO administrative detention of 15 days and   17 days respectively St Petersburg City Court 25/10/2017 (both decisions of the same date) Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”: - from 10.20 p.m. on 08/10/2017 to 02.00 p.m. on 09/10/2017, - from 3.45 p.m. on 04/04/2018 to 10.45 a.m. on 05/04/2019, when the applicant’s trial on the administrative-offence under 19.3 § 1 of CAO started (see Butkevich , §§ 63-65, Tsvetkova and Others , §§ 121-23, and Korneyeva , §§ 34-36, all cited above);   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of the administrative-offence proceedings (see Karelin , cited above);   Art. 6 (1) and (3) (d) - in respect of three sets of administrative-offence proceedings: inability to cross-examine in open court police officers on whose written statements the applicant’s convictions were based, and refusal to question defence witnesses;   Art. 10 (1) - disproportionate measures against solo demonstrators - The applicant was convicted under Art. 20.2 § 2 of CAO to 9 days of administrative detention (final decision: St Petersburg City Court, 09/04/2019) (see Novikova and Others , cited above, §§ 106-215);   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - The applicant was convicted twice for participating in the same public event: under article 19.3 § 1 and under article 20.2 § 8 of CAO (see Korneyeva , cited above, §§ 47-65)   40322/18* 20/08/2018 Anastasiya Ivanovna KADETOVA (former SEMENOVA) 1998 Sergey Aleksandrovich Golubok The Hague Manifestation against Mr   Putin’s re-election as President St Petersburg 05/05/2018       Manifestation in support of A.Navalnyy Moscow 17/01/2021     article 20.2 § 8 of CAO,       article 19.3 § 1 of CAO     article 19.3 § 1 of CAO               administrative detention of 5 days   administrative detention of 4 days     administrative detention of 10 days             St Petersburg City Court 08/05/2018 (two decisions of the same date)       Moscow City Court 06/04/2021     Art. 5 (1) - unlawful deprivation of liberty: 1) escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 4.15 p.m. on 05/05/2018 to 06/05/2018, when the applicant’s trial on the administrative-offence case started; 2) unlawful escorting to the police station from on 7.35 p.m. to 10.05 p.m. on 17/01/2021 for the purpose of drawing up a record of administrative offence, while the said report was drawn up only on 25/01/2021 (see Butkevich , §§ 63-65, Tsvetkova and Others , §§ 121-23, and Korneyeva , §§ 34-36, all cited above);   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of the administrative-offence proceedings (see Karelin , cited above);   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings The applicant was convicted twice for participating in the same public event on 05/05/2018: under article 20.2 § 8 of CAO, and under article 19.3 § 1 of CAO (see Korneyeva , cited above, §§ 47-65)   49988/18* 10/10/2018 Anatoliy Arkadyevich BYKOVSKIY 1989 Ivan Yuryevich Zhdanov Vilnius Manifestation against Mr   Putin’s re-election as President St Petersburg 05/05/2018 article 19.3 § 1 of CAO,     article 20.2 § 5 of CAO fine of RUB 500     fine of RUB 10,000 St Petersburg City Court 07/06/2018 (both decisions of the same date)   Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 6.15 p.m. on 05/05/2018 to 10.51 a.m. on 06/05/2018 (see Butkevich , §§ 63-65, Tsvetkova and Others , §§ 121-23, and Korneyeva , §§ 34-36, all cited above);   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings (see Karelin , cited above);   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 statements the applicant’s convictions were based; Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - The applicant was convicted twice for participating in the same public event on 05/05/2018: under article 20.2 § 5 of CAO and under article 19.3 § 1 of CAO (see Korneyeva , cited above, §§ 47-65)   50059/18* 10/10/2018 Vsevolod Germanovich MALTSEV 1996 Ivan Yuryevich Zhdanov Vilnius Manifestation against Mr   Putin’s re-election as President Voronezh 05/05/2018 article 20.2 § 5 of CAO,   article 19.3 § 1 of CAO fine of RUB 10,000   administrative detention of 2 days Voronezh Regional Court, 26/06/2018 and 18/06/2018 Art. 5 (1) – unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence, from 5.45 p.m. on 05/05/18 to an unspecified time (see Butkevich , §§ 63-65, Tsvetkova and Others , §§ 121-23, and Korneyeva , §§ 34-36, all cited above, as well as Lashmankin and others v. Russia , no 57818/09, § 489, 2 February 2017);   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings (see Karelin , cited above);   Art. 6 (1) and (3) (d) – unfair trial on account of inability to cross-examine in open court police officers; on whose written statements the applicant’s convictions were based   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - The applicant was convicted twice for participating in the same event: under art. 19.3 § 1 CAO and under art. 20.2 § 5 CAO (see Korneyeva , cited above, §§ 47-65)   50120/18* 10/10/2018 Aleksandr Malkhazovich ALKHAZOV 1998   Memorial Human Rights Centre Moscow Manifestation against Mr   Putin’s re-election as President St Petersburg 05/05/2018 article 20.2 § 5 of CAO,   article 19.3 § 1 of CAO fine of RUB 10,000   administrative detention of 5 days St Petersburg City Court 19/06/2018 (both decisions on the same date)   Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 4.20 p.m. on 05/05/2018 to 9.30 a.m. on 06/05/2018 (see Butkevich , §§ 63-65, Tsvetkova and Others , §§ 121-23, and Korneyeva , §§ 34-36, all cited above);   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings (see Karelin , cited above);   Art. 6 (1) and (3) (d) - unfair trial on account of inability to cross-examine in open court police officers on whose written statements the applicant’s convictions were based;   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - The applicant was convicted twice for participating in the same event: under article 19.3 § 1 CAO and under article 20.2 § 5 CAO (see Korneyeva , cited above, §§ 47-65)   50216/18* 10/10/2018 Denis Grigoryevich BONDAREV 1995 Ivan Yuryevich Zhdanov Vilnius Manifestation against Mr   Putin’s re-election as President Voronezh 05/05/2018 article 20.2 § 5 of CAO,   article 19.3 § 1 of CAO fine of RUB 10,000   administrative detention of   5 days Voronezh Regional Court 20/06/2018 (both decisions on the same date)   Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 5.50 p.m. on 05/05/18 to 06/05/2018 in the morning (see Butkevich , §§ 63-65, Tsvetkova and Others , §§ 121-23, and Korneyeva , §§ 34-36, all cited above);   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings (see Karelin , cited above);   Art. 6 (1) and (3) (d) - unfair trial on account of inability to cross-examine in open court police officers on whose written statements the applicant’s convictions were based;   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - The applicant was convicted twice for participating in the same event: under article 19.3 § 1 CAO and under article 20.2 § 5 CAO (see Korneyeva , cited above, §§ 47-65)   50261/18* 10/10/2018 Nikita Andreyevich MESHCHERYAKOV 1998 Ivan Yuryevich Zhdanov Vilnius Manifestation against Mr   Putin’s re-election as President Voronezh 05/05/2018 article 20.2 § 5 of CAO,   article 19.3 § 1 of CAO fine of RUB 10,000 and administrative detention of 3 days Voronezh Regional Court 18/06/2018 (both decisions on the same date)   Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 6.30 p.m. on 05/05/2018 to 06/05/2018, when the applicant’s first instance hearings in the administrative-offence case started (see Butkevich , §§ 63-65, Tsvetkova and Others , §§ 121-23, and Korneyeva , §§ 34-36, all cited above);   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings (see Karelin , cited above);   Art. 6 (1) and (3) (d) - unfair trial on account of inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based (both sets of the administrative offence case);   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - The applicant was convicted twice for participating in the same public event: under article 19.3 § 1 CAO and under article 20.2 § 5 CAO (see Korneyeva , cited above, §§ 47-65)     50535/18* 10/10/2018 Aleksey Igorevich VALUYSKIY 1992 Ivan Yuryevich Zhdanov Vilnius Manifestation against Mr   Putin’s re-election as President Voronezh 05/05/2018 article 20.2 § 5 of CAO, article 19.3 § 1 of CAO fine of RUB 10,000 administrative detention   of 5 days Voronezh Regional Court, 18/06/2018 and 25/06/2018 Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 9.10 p.m. on 05/05/2018 to 06/05/2018 when the applicant’s first instance hearing on the administrative offence started (see Butkevich , §§ 63-65, Tsvetkova and Others , §§ 121-23, and Korneyeva , §§ 34-36, all cited above);   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings (see Karelin , cited above);   Art. 6 (1) and (3) (d) - unfair trial on account of inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based (in respect of both sets of the administrative-offence proceedings);   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - The applicant was convicted twice for participating in the same event: under article 19.3 § 1 CAO and under article 20.2 § 5 CAO (see Korneyeva , cited above, §§ 47-65)   50641/18* 10/10/2018 Sergey Ivanovich ATAPIN 1985 Ivan Yuryevich Zhdanov Vilnius Manifestation against Mr   Putin’s re-election as President Voronezh 05/05/2018       article 20.2 § 5 of CAO,   article 19.3 § 1 of CAO                 fine of RUB 10,000 and administrative detention of   4 days         Voronezh Regional Court, 25/06/2018 and 04/07/2018     Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 9.00 p.m. on 05/05/2018 to 06/05/2018, when the applicant’s trial on the administrative-offence case started (see Butkevich , §§ 63-65, Tsvetkova and Others , §§ 121-23, and Korneyeva , §§ 34-36, all cited above);   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings (see Karelin , cited above);   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - The applicant was convicted twice for participating in the same event: under article 20.2 § 5 of CAO and under article 19.3 § 1 of CAO (see Korneyeva , cited above, §§ 47-65).           54646/18* 25/10/2018 Nikita Alekseyevich ZARETSKIY 1992 Aleksandr Dmitriyevich Peredruk St Petersburg Manifestation against Mr   Putin’s re-election as President St Petersburg 05/05/2018 article 20.2 § 5 of CAO,   article 19.3 § 1 of CAO fine of RUB 10,000 and administrative detention of 7 days St Petersburg City Court, 21/06/2018 and 11/05/2018 Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”: 1) from 6.20 p.m. on 05/05/2018 to 10.40 a.m. on 06/05/2018, 2) from 6.55 p.m. on 23/01/2021 to 4.00 p.m. on 24/01/2021 (see Butkevich , §§ 63-65, Tsvetkova and Others , §§ 121-23, and Korneyeva , §§ 34-36, all cited above);   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of the administrative-offence proceedings (see Karelin , cited above);   Art. 6 (1) and (3) (d) - unfair trial on account of inability to examine the police officers whose written reports were used for his convictions and refusal to examine witnesses for the defence (in respect of all sets of the administrative-offence proceedings);   Art. 10 (1) - disproportionate measures against solo demonstrators – St   Petersburg, 23/01/2021, Solo-picket in support of Mr Navalnyy - "Otpuskay"; administrative fine of RUB 10,000, final decision: 04/02/2021, St Petersburg City Court (see Novikova and Others , cited above, §§ 106-215);   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was convicted twice for participating in the same event on 05/05/2018: under article 20.2 § 5 CAO and under article 19.3§ 1 CAO (see Korneyeva , cited above, §§ 47-65).  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 2022
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:001-224953
Données disponibles
- Texte intégral
- Résumé officiel