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 } Published on 26 June 2023   FIFTH SECTION Application no.   14839/21 Semen Yevgenyevich BAKHMATOV against Russia and 9 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     14839/21 25/02/2021 Semen Yevgenyevich BAKHMATOV 2001 Nikolay Sergeyevich Zboroshenko Mytishchi Manifestation against constitutional amendments   Moscow   15/07/2020 Article 20.2 § 6.1 of CAO fine of RUB 20,000 Moscow City Court 26/08/2020 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting and detention at the police station on 15/07/2020 for the sole purpose of drawing up a record of administrative offence   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 open court police officers on whose written statements the applicant’s conviction was based     25911/21* 07/05/2021 Ilya Grigoryevich ZHABROV 1998 Nikolay Sergeyevich Zboroshenko Mytishchi Manifestation in support of A. Navalnyy   Moscow   31/01/2021 Article 20.2 § 6.1 of CAO 10 days of administrative arrest Moscow City Court 05/02/2021 Art. 5 (1) - unlawful detention – arrest, escorting and detention at the police station on 31/01/2021 for the purpose of drawing up a record of administrative offence   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 open court police officers on whose written statements the applicant’s conviction was based     26880/21* 17/05/2021 Anton Vyacheslavovich MATLIN 1987   Memorial Human Rights Centre Moscow Manifestation in support of A. Navalnyy   Moscow   02/02/2021 Article 20.2 § 6.1 of CAO 12 days of administrative arrest Moscow City Court 10/02/2021 Art. 5 (1) - unlawful detention - arrest, escorting and detention at the police station on 02/02/2021 for the purpose of drawing up a record of administrative offence and for bringing to the court on 03/02/2021 (overall duration of 12h35min)   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 on 03/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO     28248/21* 30/04/2021 Aleksey Vadimovich MIKHALEVSKIY 2000   Memorial Human Rights Centre Moscow Manifestation in support of A. Navalnyy   Moscow   31/01/2021 Article 20.2 § 6.1 of CAO 7 days of administrative arrest Moscow City Court 18/02/2021 Art. 5 (1) - unlawful detention - arrest, escorting to the police station and detention on 31/01/2021 for the purpose of drawing up a record of administrative offence and for bringing to the court on 01/02/2021 (overall duration of 29h 40min)   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 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   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 01/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO     30342/21* 11/05/2021 Oleg Vladimirovich KOSAREV 1996 Nikolay Sergeyevich Zboroshenko Mytishchi Manifestation in support of A. Navalnyy   Moscow   02/02/2021 Article 20.2 § 6.1 of CAO 10 days of administrative arrest Moscow City Court 09/02/2021 Art. 5 (1) - unlawful detention – arrest, escorting and detention at the police station on 02/02/2021 for the purpose of drawing a record of administrative offence   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 open court police officers on whose written statements the applicant’s conviction was based     31172/21* 13/05/2021 Aleksandr Yuryevich SHCHEDUKHIN 1996     Manifestation in support of A. Navalnyy   Moscow   31/01/2021 Article 20.2 § 6.1 of CAO 10 days of administrative arrest Moscow City Court 12/02/2021 Art. 5 (1) - unlawful deprivation of liberty – arrest, escorting and detention at the police station on 31/01-01/02/2021 for the purpose of drawing up a record of administrative offence and for bringing to the court 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 open court police officers on whose written statements the applicant’s conviction was based     31544/21* 15/05/2021 Andrey Valentinovich VOLGUSHEV 1997 Mansur Idrisovich Gilmanov Podolsk Manifestation against constitutional amendments   Moscow   15/07/2020 Article 20.2 § 6.1 of CAO administrative fine of RUB 10,000 Moscow City Court 18/11/2020 Art. 5 (1) - unlawful detention – arrest, escorting and detention at the police station on 15-16/07/2020 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence   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 open court police officers on whose written statements the applicant’s conviction was based     31626/21* 07/06/2021 Aleksey Aleksandrovich SEKOTSKIY 1983 Yelena Yuryevna Pershakova Moscow Manifestation in support of A. Navalnyy   Moscow   23/01/2021 Article 20.2 § 5 of CAO administrative fine of RUB 10,000 Moscow City Court 22/03/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   Art. 6 (1) - and Art. 6 (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   Art. 5 (1) - unlawful detention – arrest, escorting and detention at the police station on 23/01/2021 in excess of 3 hours for the purpose of drawing up a record of administrative offence     31984/21* 15/06/2021 Konstantin Nikolayevich MEZENTSEV 1983 Yelena Yuryevna Pershakova Moscow Manifestation in support of A. Navalnyy   Moscow   31/01/2021 Article 20.2 § 6.1 of CAO 10 days of administrative arrest Moscow City Court 05/02/2021 Art. 5 (1) - unlawful detention - arrest, escorting and detention at the police station on 31/01-01/02/2021 (for 15 hours) for the purpose of drawing up a record of administrative offence and for signing the court summons 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 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 - the sentence of administrative detention imposed on the applicant on 02/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO   33882/21 03/06/2021 Oleg Aleksandrovich SVYATKIN 1995 Aleksey Vladimirovich Glukhov Novocheboksarsk Manifestation in support of A. Navalnyy   Cheboksary   23/01/2021 Article 20.2 § 5 of CAO administrative fine of RUB 10,000 Supreme Court of Republic of Chuvashia 11/03/2021 Art. 5 (1) - unlawful detention – arrest, escorting and detention at the police station on 30/01/2021 (a few days after the manifestation) for the sole purpose of drawing up a record of administrative offence   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 open court police officers on whose written statements the applicant’s conviction was based