CEDH · CASELAW;COMMUNICATEDCASES;ENG — 20 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 } .sF7147D91 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:5pt } .s69724500 { height:33.7pt } .sF6A12959 { width:33%; height:1px; text-align:left } .s5FFF0A7E { margin-top:0pt; margin-bottom:0pt; font-size:8pt } .sB217F55D { margin-top:0pt; margin-bottom:0pt; text-align:justify; font-size:8pt } Published on 26 June 2023   FIFTH SECTION Application no.   884/22 Aleksey Borisovich PANTENKOV against Russia and 18 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     884/22* 01/12/2021 Aleksey Borisovich PANTENKOV 1991   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Saratov   23/01/2021 Article 20.2 § 5 of CAO fine of RUB 15,000 Saratov Regional Court 01/06/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings [1] .     1098/22* 17/12/2021 Ilya Alekseyevich POTAPENKO 1997   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   St Petersburg   02/02/2021 Article 20.2 § 2 of CAO fine of RUB 15,000 St Petersburg City Court 24/06/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 00:15 a.m. to 2.30 p.m. on 03/02/2021 [2] ;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.     7789/22 25/01/2022 Inessa Gennadyevna STRUKOVA 1967   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   02/02/2021 Article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 03/08/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report: detained at midday and released at 7:30 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 at the trial police officers on whose written statements the applicant’s conviction was based [3] .     7794/22 25/01/2022 Aleksandr Aleksandrovich KIRYUKHIN 1998   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 the police station for compiling an offence report: detained at 11.10 a.m. and released at 4.40 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 at the trial the police officers on whose written statements the applicant’s conviction was based.     8363/22* 25/01/2022 Polina Romanovna KRASULYA 2000   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 03/08/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report: detained at 11.30 a.m. and released at 3.58 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 at the trial the police officers on whose written statements the applicant’s conviction was based;     Art. 6 (1) - unfair criminal proceedings - various deficiencies in the administrative offence proceedings (no possibility to adduce evidence).     8419/22* 25/01/2022 Aydar Temirzhanovich ZHAKUPOV 1987   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   21/04/2021 Article 20.2 § 6.1 of CAO fine of RUB 10,000 Moscow City Court 07/10/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 9 p.m. on 26/04/2021 to 5 p.m. on 27/04/2021;   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 at the trial the police officers on whose written statements the applicant’s conviction was based.     8426/22* 25/01/2022 Aleksey Ruslanovich MARCHUK 2002   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 the police station for compiling an offence report: detained at 11.40 a.m. and released at 5.45 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 at the trial the police officers on whose written statements the applicant’s conviction was based.     9468/22 21/01/2022 Dmitriy Dmitriyevich LOTSMANOV 2002   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow   21/04/2021 Article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 23/07/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report: detained at 2.10 p.m. and released at 4.40 p.m. on 09/06/2021;   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 at the trial the police officers on whose written statements the applicant’s conviction was based.     10994/22 03/02/2022 Imamudin Aleksandrovich SHAKHLAMAZOV 2000   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 03/08/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 23/01/2021;   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) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine at the trial the police officers on whose written statements the applicant’s conviction was based.   13127/22 17/02/2022 Timur Aleksandrovich DARMAYEV 1996   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 19/08/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report: detained at 11.17 a.m. and released at 5.46 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 first-instance trial two police officers on whose written statements the applicant’s conviction was based.   13128/22 17/02/2022 Ilya Denisovich SKUDAR 2000   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow   31/01/2021 Article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 19/08/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report: detained at 3.30 p.m. and released at 11.10 p.m. on 31/01/2021;   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 first-instance trial the 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.   13129/22* 17/02/2022 Raushan Kamilovich SAKHIBZADIN 1983   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 19/08/2021 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 the applicant’s conviction was based.   13132/22 17/02/2022 Artur Viktorovich YASAK 1997   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 19/08/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the Perovo police station after compiling an offence report from 11.30 a.m. to 7 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 the applicant’s conviction was based.   14953/22* 18/02/2022 Dinislam Ilgizovich AKUNAYEV 1997   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 23/08/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 21/04/2021;   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 the police officers on whose written statements the applicant’s conviction was based.       24919/22* 23/03/2022 Yevgeniy Vitalyevich CHIP 1998   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   31/01/2021 Article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 29/09/2021 Art. 5 (1) - unlawful detention - escorting to the Molzhaninovskiy police station on 31/01/2021 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 the applicant’s conviction was based.   30753/22* 06/03/2022 Sergey Anatolyevich PODOSENOV 1981   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   31/01/2021 Article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 09/09/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 31/01/2021;   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) - 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 the applicant’s conviction was based.   30754/22* 06/03/2022 Andrey Nikolayevich MILYUK 1986   Memorial Human Rights Centre Moscow Rally to call for fair elections   St Petersburg   29/07/2021 Article 20.2 § 2 of CAO detention for 3   days St Petersburg City Court 07/09/2021 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 the applicant’s conviction was based   30756/22* 06/03/2022 Darya Rodionovna DOBROKHOTOVA 1999   Memorial Human Rights Centre Moscow Rally to call for fair elections   St Petersburg   29/07/2021 Article 20.2 § 2 of CAO detention for 3   days St Petersburg City Court 07/09/2021 Art. 5 (1) - unlawful deprivation of liberty - escorting to and detention at the police station for compiling an offence report from 3.30 p.m. on 29/07/2021 to 2 p.m. on 30/07/2021;   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 two police officers on whose written statements the applicant’s conviction was based.     45288/22* 01/09/2022 Aleksandr Sergeyevich BOLDYREV 1981     Anti-war protest   Moscow   03/03/2022 Article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 27/06/2022 Art. 5 (1) - unlawful detention - escorting to the Mitino police station for compiling an offence report from 7 p.m. on 03/03/2022 until 2.00 a.m. on 04/03/2022;   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 the applicant’s conviction was based.   [1] Karelin v. Russia , no. 926/08, §§ 58-85, 20 September 2016. [2] 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. [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.