CEDH · CASELAW;COMMUNICATEDCASES;ENG — 1 juin 2023

.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 } .sA4BC3E2E { font-family:Arial; font-size:5.33pt; vertical-align:super; color:#000000 } .s5FFF0A7E { margin-top:0pt; margin-bottom:0pt; font-size:8pt } .sF6A12959 { width:33%; height:1px; text-align:left } .sB217F55D { margin-top:0pt; margin-bottom:0pt; text-align:justify; font-size:8pt } Published on 26 June 2023   FIFTH SECTION Application no.   2838/22 Aleksey Andreyevich BORIS against Russia and 17 other applications (see list appended) PROCEDURAL INFORMATION Following a preliminary examination of the admissibility of the applications on 1 June 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     2838/22* 09/12/2021 Aleksey Andreyevich BORIS 2002   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow 23/01/2021 Article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 09/06/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 7 p.m. on 23/01/2021 to 1:00 a.m. on 24/01/2021 [1] ;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings [2] ;   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 trial the police officers on whose written statements his conviction was based [3] .     4578/22* 17/12/2021 Nikita Valeryevich CHECHIKOV 1995   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Chelyabinsk 21/04/2021 Article 20.2 § 5 of CAO 30 hours of community work Chelyabinsk Regional Court 17/06/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 21/04/2021 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) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine during the trial the police officers on whose written statements his conviction was based.     4626/22* 24/12/2021 Vasiliy Anatolyevich IPPOLITOV 1986   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow 31/01/2021 Article 20.2 § 6.1 of CAO fine of RUB 10,000 Moscow City Court 11/05/2021 (The applicant received a copy of the appeal decision of 11/05/2021 on 24/06/2021 (due to Covid-related restrictions)) Art. 5 (1) - unlawful detention - escorting to the police station and detention at the police station after compiling an offence report from 7 p.m. on 31/01/2021 to 7 p.m. on 01/02/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements his conviction was based.       5566/22* 24/12/2021 Margarita Viktorovna DUDENKOVA 2001   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Saransk 21/04/2021 Article 20.2 § 5 of CAO fine of   RUB 10,000 Supreme Court of the Republic of Mordovia 07/07/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 08:45 p.m. on 21/04/2021 to 2:05 a.m. on 22/04/2021;     Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   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 trial two police officers on whose written statements her conviction was based.     5635/22 24/12/2021 Mariya Dmitriyevna CHUPINA 1997   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow 02/02/2021 Article 20.2 § 6.1 of CAO fine of RUB 15,000 Moscow City Court 21/10/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 00:50 a.m. on 03/02/2021 to 08:35 a.m. on 03/02/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.     5643/22* 24/12/2021 Mariya Aleksandrovna MOZHAYEVA 2000   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow 02/02/2021 Article 20.2 § 6.1 of CAO fine of RUB 10,000 Moscow City Court 25/06/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 1:30 a.m. to 7:30 p.m. on 03/02/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine during the trial the police officers on whose statements her conviction was based;     Art. 6 (1) - lack of fair hearing - denial of opportunity to adduce evidence in support of the applicant’s account of events (video records and photographs) [4] .     5791/22* 09/12/2021 Andrey Sergeyevich ELSHIN 1992   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow 02/02/2021 Article 20.2 § 6.1 of CAO fine of RUB 10,000 Moscow City Court 11/06/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report (arrested at 9:45 p.m. on 02/02/2021, brought to the police station at 11:00 p.m., brought before the court directly from the police station at 9:00 a.m. on 03/02/2021);   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements his conviction was based; refusal to obtain attendance of a witness who could disprove the account of events provided by the police officers.     5795/22* 09/12/2021 Ilya Sergeyevich KARNAVSKIY 1996   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Nizhniy Novgorod 31/01/2021 Article 20.2 § 5 of CAO fine of RUB 10,000 Nizhniy Novgorod Regional Court 10/06/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report (arrested at 12:15 p.m. on 31/01/2021, brought to the police station at 1:30 p.m., released at 9 p.m.);   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.     5798/22* 09/12/2021 Yuriy Dmitriyevich GARNOV 1999   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow 02/02/2021 Article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 11/06/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report: arrested at 11:05 a.m. on 02/02/2021, brought to the police station at 12:01 p.m., released at 8:50 p.m.;   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 trial the police officers on whose written statements his conviction was based.   6351/22* 11/01/2022 Aleksandra Sergeyevna ABDUGAPAROVA 1990   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   St Petersburg 31/01/2021 Article 20.2.2 § 1 of CAO fine of RUB 15,000 St Petersburg City Court 13/07/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling the offence record (arrested at 3 p.m. on 31/01/2021, brought to the police station at 6 p.m. on the same day, released at 9 a.m. on 01/02/2021);   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements her conviction was based.   7146/22 26/01/2022 Denis Aleksandrovich PALASHKIN 1989   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Voronezh 21/04/2021 Article 20.2 § 5 of CAO fine of RUB 10,000 Voronezh Regional Court 27/07/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 21/04/2021 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.   7261/22 13/01/2022 Sergey Yevgenyevich GINDILIS 1994   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow 31/01/2021 Article 20.2 § 6.1 of CAO fine of RUB 10,000 Moscow City Court 13/07/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report (arrested at 3:00 p.m. on 31/01/2021, brought to the police station at 5:00 p.m., released at 00:30 a.m. on 01/02/2021);   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements his conviction was based.   7321/22* 27/01/2022 Mark Armenovich FRANGULYAN 2000   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow 02/02/2021       Election protest   Moscow 20/09/2021 Article 20.2 § 5 of CAO           Article 20.2 § 8 of CAO fine of RUB 10,000           detention for 15 days Moscow City Court 09/08/2021         Moscow City Court 08/10/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report: 1) arrested at 11:30 p.m. on 02/02/2021, brought to the police station at 00:30 a.m. on 03/02/2021, released at 05:20 a.m. on 03/02/2021; 2) arrested at 5:40 p.m. on 24/09/2021, brought to the police station at 6:00 p.m., brought before the court directly from the police station at 2:30 p.m. on 25/09/2021;     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;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the Code of Administrative Offences [5] .   7324/22* 27/01/2022 Yaroslav Aleksandrovich KURENKOV 1996   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow 02/02/2021 Article 20.2 § 6.1 of CAO fine of RUB 10,000 Moscow City Court 29/09/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 00:10 a.m. to 1 p.m. on 03/02/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements his conviction was based.   7329/22* 27/01/2022 Sofya Mikhaylovna SENCHENKOVA 1994   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow 02/02/2021 Article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 29/07/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 11:05 a.m. to 5:38 p.m. on 02/02/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements her conviction was based.   7331/22* 20/01/2022 Dmitriy Mikhaylovich BIBICHKOV 1990   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow 02/02/2021 Article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 29/07/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from midday to 9:50 p.m. on 02/02/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements his conviction was based.   7341/22 20/01/2022 Pavel Aleksandrovich YAGUSHEVSKIY 1996   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Perm 21/04/2021 Article 20.2 § 5 of CAO fine of RUB 10,000 Perm Regional Court 23/07/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 22/04/2021 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) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements his conviction was based.   7345/22 20/01/2022 Dmitriy Vitalyevich GLOBOV 1996   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   St Petersburg 31/01/2021 Article 20.2.2 § 1 of CAO fine of RUB 10,000 St Petersburg City Court 20/07/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements his conviction was based.   [1] Butkevich v. Russia , no. 5865/07, §§ 63-65, 13 February 2018, Tsvetkova and Others v. Russia , nos. 54381/08 and 5 others, §§ 115-31, 10 April 2018, and Korneyeva v. Russia , no. 72051/17, §§ 34-36, 8 October 2019. [2] Karelin v. Russia , no. 926/08, §§ 58-85, 20 September 2016. [3] Schatschaschwili v. Germany [GC], no. 9154/10, §§ 100-31, ECHR 2015, and Murtazaliyeva v. Russia [GC], no. 36658/05, §§ 150-59, 18 December 2018. [4] Kasparov and Others v. Russia (no. 2) , no. 51988/07, §§ 48-51, 13 December 2016. [5] Martynyuk v. Russia , no. 13764/15, §§ 38-42, 8 October 2019.