CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 1 juin 2023
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- ECLI:CEDH:001-225690
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- 1 juin 2023
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- 1 juin 2023
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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 } .sA4BC3E2E { font-family:Arial; font-size:5.33pt; vertical-align:super; color:#000000 } .sC6AB5D7A { height:26.75pt } .s349D86C8 { height:128pt } .s2BFFB0A7 { height:12.95pt } .s3A3C6A58 { height:2.1pt } .s49424500 { height:30.8pt } .sF6A12959 { width:33%; height:1px; text-align:left } .s5FFF0A7E { margin-top:0pt; margin-bottom:0pt; font-size:8pt } Published on 26 June 2023   FIFTH SECTION Application no.   43267/21 Artem Vasilyevich SAVCHENKO against Russia and 24 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     43267/21* 07/08/2021 Artem Vasilyevich SAVCHENKO 1985     Rally “Free Navalnyy”   Rostov ‑ on ‑ Don   31/01/2021 article 20.2 §   6.1 of CAO detention for 7 days Rostov Regional Court 03/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.25 p.m. on 31/01/2021 until 1.00 p.m. on 01/02/2021 [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 police officers on whose written statements the applicant’s conviction was based [3] ;   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 CAO [4]     43272/21* 17/08/2021 Dmitriy Viktorovich BURAK 1985 Ivan Yuryevich Zhdanov Vilnius Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 §   6.1 of CAO detention for 7 days Moscow City Court 10/03/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report 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 trial 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 (impossibility to obtain attendance of a witness on behalf of the defence) [5]     43415/21 10/08/2021 Eduard Georgiyevich MINOLIS 1998 Veronika Valeryevna Polyakova Moscow Rally “Free Navalnyy”   Moscow   02/02/2021 article 20.2 §   6.1 of CAO detention for 12 days Moscow City Court 10/02/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.40 p.m. on 02/02/2021 until 8.00 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 police officers on whose written statements the applicant’s conviction was based;   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 CAO     43422/21* 23/08/2021 Vitaliy Muzafarovich MIRZOYEV 1973 Ivan Yuryevich Zhdanov Vilnius Rally “Free Navalnyy”   Samara   23/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Samara Regional Court 01/04/2021 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 in the trial police officers on whose written statements the applicant’s conviction was based;   Art. 6 (1) - unfair criminal proceedings - various deficiencies of the administrative offence proceedings (no access to a lawyer during detention at the police station, impossibility to obtain attendance of witnesses on behalf of the defence)     43434/21* 23/08/2021 Aleksey Sergeyevich BELOUSOV 2002 Ivan Yuryevich Zhdanov Vilnius Rally “Free Navalnyy”   Kursk   23/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Kursk Regional Court 09/06/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 2.30 p.m. until 6.50 p.m. 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     43444/21* 23/08/2021 Roman Sergeyevich ZEMSKOV 1982 Ivan Yuryevich Zhdanov Vilnius Rally “Free Navalnyy”   Samara   23/01/2021 article 20.2 § 5 of CAO 30 hours of community work Samara Regional Court 06/05/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.45 p.m. until 9.50 p.m. 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 in the trial police officers on whose written statements the applicant’s conviction was based     43481/21* 11/08/2021 Nikolay Dmitriyevich VOLKOV 1995   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 §   6.1 of CAO detention for 10 days Moscow City Court 19/05/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.10 p.m. on 31/01/2021 until 8.00 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 police officers on whose written statements the applicant’s conviction was based;   Art. 6 (1) - unfair criminal proceedings - various deficiencies of the administrative offence proceedings (no access to a lawyer during detention at the police station, absence in the trial, no possibility to adduce evidence, impossibility to obtain attendance of witnesses on behalf of the defence);   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 CAO     43492/21 12/08/2021 Viktoriya Romualdovna ZAREMBA 1999 Dmitriy Igorevich Zakhvatov Moscow Rally “Free Navalnyy”   Moscow   03/02/2021 article 20.2 §   6.1 of CAO detention for 11 days Moscow City Court 12/02/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.15 until afternoon 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 police officers on whose written statements the applicant’s conviction was based.     43638/21* 11/08/2021 Daniil Vadimovich YELETSKIY 2000 Danil Ilnurovich Nurgaleyev Kazan Rally “Free Navalnyy”   Kazan   23/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Supreme Court of the Republic of Tatarstan 10/03/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 23/01/2021   43646/21* 11/08/2021 Renata Maratovna LUKOYANOVA 2001 Danil Ilnurovich Nurgaleyev Kazan Rally “Free Navalnyy”   Kazan   23/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Supreme Court of the Republic of Tatarstan 10/03/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 for compiling an offence report   43778/21* 23/08/2021 Roman Sergeyevich KUZMIN 1981 Ivan Yuryevich Zhdanov Vilnius Rally “Free Navalnyy”   Yaroslavl   23/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Yaroslavl Regional Court 06/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.30 p.m. until 10.20 p.m. 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 in the trial police officers on whose written statements the applicant’s conviction was based   43786/21 26/08/2021 Taras Arturovich GORELOV 1994   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Vladivostok   31/01/2021 article 20.2 § 5 of CAO fine of RUB   15,000 Primorye Regional Court 19/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.30 p.m. until 7.00 p.m. 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 police officers on whose written statements the applicant’s conviction was based; Art. 6 (1) - unfair criminal proceedings - various deficiencies of the administrative offence proceedings (impossibility to obtain attendance of witnesses on behalf of the defence)   43809/21 26/08/2021 Ivan Petrovich SAVCHENKO 1987   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Rostov-on-Don   31/01/2021 article 20.2 §   6.1 of CAO detention for 7 days Rostov Regional Court 02/03/2021 Art. 5 (1) (c) - unlawful pre-trial detention - escorting to and detention at the police station for compiling an offence report from 12.45 p.m. on 31/01/2021 until 6.00 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 police officers on whose written statements the applicant’s conviction was based;   Art. 6 (1) - unfair criminal proceedings - various deficiencies of the administrative offence proceedings (no possibility to adduce evidence, impossibility to obtain attendance of witnesses on behalf of the defence);   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 CAO   43822/21* 23/08/2021 Albert Fakhimovich ISKUZHIN 1983     Rally “Free Navalnyy”   Ufa   23/01/2021 article 20.2 § 5 of CAO fine of RUB   15,000 Supreme Court of the Republic of Bashkortostan 01/03/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 2.15 p.m. until 5.30 p.m. 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 in the trial police officers on whose written statements the applicant’s conviction was based   43831/21* 26/08/2021 Marina Yuryevna NIKOLAYEVA 1995   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Kazan   31/01/2021 article 20.2 §   6.1 of CAO fine of RUB 10,000 Supreme Court of the Republic of Tatarstan 17/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1.50 p.m. on 31/01/2021 until 7.40 p.m. on 01/02/2021   43849/21* 10/08/2021 Aleksandr Fedorovich BEKHTOLD 1950 Ivan Yuryevich Zhdanov Vilnius Rally “Free Navalnyy   Ryazan   23/01/2021 article 20.2 § 2 of CAO fine of RUB   20,000 Ryazan Regional Court 04/03/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 3.00 p.m. until 8.00 p.m. 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 in the trial police officers on whose written statements the applicant’s conviction was based   43856/21* 10/08/2021 Mikhail Igorevich KIRILLOV 1996   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   02/02/2021 article 20.2 §   6.1 of CAO detention for 8 days Moscow City Court 10/02/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.45 p.m. on 02/02/2021 until 11.30 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 police officers on whose written statements the applicant’s conviction was based;   Art. 6 (1) - unfair criminal proceedings - various deficiencies of the administrative offence proceedings (no access to a lawyer during detention at the police station, no possibility to adduce evidence);   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 CAO   43858/21* 10/08/2021 Aleksandr Ivanovich DAVYDOV 1995   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 §   6.1 of CAO detention for 10 days Moscow City Court 22/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1.30 p.m. on 31/01/2021 until 3.00 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 police officers on whose written statements the applicant’s conviction was based;   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 CAO   43862/21* 10/08/2021 Aleksandra Igorevna BOBROVA 1993   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 §   6.1 of CAO detention for 15 days Moscow City Court 03/02/2021 (The administrative case file was returned to the first-instance court (the Meschanskiy District Court in Moscow) and was available in its registry on 12 February 2021 (the applicant submits a copy of the electronic tracking system available on the District Court’s Internet site) Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1.25 p.m. on 31/01/2021 until 8.00 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 police officers on whose written statements the applicant’s conviction was based; 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 CAO   43902/21* 23/08/2021 Yekaterina Nikolayevna FILIPPENKO 1989 Ivan Yuryevich Zhdanov Vilnius Rally “Free Navalnyy”   Magnitogorsk   31/01/2021 article 19.3 § 1 of CAO detention for 2 days Chelyabinsk Regional Court 16/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.20 p.m. on 31/01/2021 until 2.40 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 police officers on whose written statements the applicant’s conviction was based   43929/21* 13/08/2021 Aleksey Igorevich PARKIN 1984 Veronika Yuryevna Karagodina St Petersburg Rally “Free Navalnyy”   St Petersburg   31/01/2021 article 20.2 §   6.1 of CAO detention for 10 days St Petersburg City Court 09/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1.45 p.m. on 31/01/2021 until 5.37 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 police officers on whose written statements the applicant’s conviction was based   44010/21 30/08/2021 Anton Olegovich TARANOV 1984   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   23/01/2021 article 20.2 § 5 of CAO fine of RUB   15,000 Moscow City Court 02/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1.10 p.m. until 11.00 p.m. 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   44078/21* 30/08/2021 Sergey Sergeyevich SERGEYEV 1989   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   02/02/2021 article 20.2 §   6.1 of CAO detention for 10 days Moscow City Court 09/02/2021 (The administrative case file was returned to the first-instance court (the Nagatinskiy District Court in Moscow) and was available in its registry on 3 March 2021 (the applicant submits a copy of the electronic tracking system available on the District Court’s Internet site) Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.00 p.m. on 02/02/2021 until 8.00 p.m. on 04/02/2021;   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 police officers on whose written statements the applicant’s conviction was based;   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 CAO   44133/21 30/08/2021 Kirill Stepanovich GERASIMOV 1995   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 18/03/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 12.45 a.m. until 4.30 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 police officers on whose written statements the applicant’s conviction was based   44142/21* 30/08/2021 Ilya Sergeyevich DUMANSKIY 1997   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 §   6.1 of CAO detention for 10 days Moscow City Court 02/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 6.15 p.m. on 31/01/2021 until 4.00 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;   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 CAO   [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] Martynyuk v. Russia , no. 13764/15, §§ 38-42, 8 October 2019. [5] Kasparov and Others v. Russia (no. 2) , no. 51988/07, §§ 48-51, 13 December 2016.Citations
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- Juridiction
- CEDH
- Chambre
- CASELAW;COMMUNICATEDCASES;ENG
- Date
- 1 juin 2023
- Matière
- droits fondamentaux
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ECLI:CEDH:001-225690
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