CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 29 juin 2023
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- ECLI:CEDH:001-226107
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- 29 juin 2023
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- 29 juin 2023
droits fondamentauxCEDH
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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 } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s34DFC730 { margin-top:0pt; margin-bottom:0pt; 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 } .s598389F8 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:11pt } .sB853CD26 { font-family:Arial; font-size:8pt } Published on 24 July 2023   SECOND SECTION   Application no.   40133/21 Aleksey Mikhaylovich PAPULIN against Russia and 49 other applications (see list appended) PROCEDURAL INFORMATION Following a preliminary examination of the admissibility of the applications on 29 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     40133/21* 28/07/2021 Aleksey Mikhaylovich PAPULIN 1992   Memorial Human Rights Centre Moscow Manifestation in support of Navalnyy   Moscow   31/01/2021 article 20.2 § 6.1 of CAO administrative detention of 4 days Moscow City Court 03/02/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 11.45 a.m. on 31/01/2021 to 2 p.m. on 01/02/2021 for the purpose of drawing up a record of administrative offence and bringing the applicant to the court hearing, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court, 03/02/2021,   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     40135/21* 28/07/2021 Dmitriy Vladimirovich GORBACHEV 1988   Memorial Human Rights Centre Moscow Manifestation in support of Navalnyy   Moscow   31/01/2021 article 20.2 § 6.1 of CAO administrative detention of 5 days Moscow City Court 10/02/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 3 p.m. on 31/01/2021 to 11 p.m. on 01/02/2021 for the sole purpose of drawing up an administrative offence record, no evidence that it could not have been done on the spot, held in detention after drawing up an administrative offence record, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court, 10/02/2021,   Art. 6 (1) - Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court police officers on whose written statements the applicant’s conviction was based; the court also failed to consider the applicant’s argument that he is not present at the photos provided as evidence and thus failed to counterbalance the absence of the said witnesses,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the applicant started serving his sentence – administrative detention – before the appeal judgment was delivered     40158/21* 27/07/2021 Roman Andreyevich BORDUNOV 1993 Aleksandr Yevgenyevich Pomazuyev Vilnius Manifestation in support of Navalnyy   Moscow   31/01/2021 article 20.2 § 6.1 of CAO administrative detention of 13 days Moscow City Court 09/02/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 3 p.m. on 31/01/2021 to 6 p.m. on 01/02/2021 for the sole purpose of drawing up an administrative offence record, no evidence that it could not have been done on the spot, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court, 09/02/2021     40194/21* 27/07/2021 Oleg Vladimirovich LITVISHKO 1984 Darya Dmitriyevna Aksenova Kolomna Manifestation in support of Navalnyy   Moscow   31/01/2021 article 20.2 § 6.1 of CAO administrative detention of 10 days Moscow City Court 18/03/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 2.25 p.m. on 31/01/2021 to 02/02/2021 until the court hearing for the sole purpose of drawing up an administrative offence record, no evidence that it could not have been done on the spot, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court, 18/03/2021,   Art. 6(1) - 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     40197/21* 27/07/2021 Anna Alekseyevna GRIGORYEVA 2000 Arkadiy Vitalyevich Shindyapin Moscow Manifestation in support of Navalnyy   Moscow   02/02/2021 article 20.2 § 6.1 of CAO administrative detention of 5 days Moscow City Court 05/02/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 11.45 p.m. on 02/02/2021 to 03/02/2021 for the sole purpose of drawing up a record of administrative offence and for bringing the applicant to the court hearing, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court, 05/02/2021,   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 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 03/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO       40322/21* 27/07/2021 Dmitriy Alekseyevich LOMP 1990 Darya Dmitriyevna Aksenova Kolomna Manifestation in support of Navalnyy   Moscow   31/01/2021 article 20.2 § 6.1 of CAO administrative detention of 14 days Moscow City Court 12/02/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 3 p.m. on 31/01/2021 to 01/02/2021 for the sole purpose of drawing up an administrative offence record and for bringing the applicant to the court hearing, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court, 12/02/2021,   Art. 6(1) - 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     40464/21* 27/07/2021 Yaroslav Ivanovich IVANOV 1982 Darya Dmitriyevna Aksenova Kolomna Manifestation in support of Navalnyy   Moscow   31/01/2021 article 20.2 § 5 of CAO administrative fine of RUB 10,000 Moscow City Court 18/03/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 12.25 p.m. to unspecified time on 31/01/2021 in excess of 3   hours for the sole purpose of drawing up a record of administrative offence, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court, 18/03/2021,   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 open court police officers on whose written statements the applicant’s conviction was based     40511/21* 30/07/2021 Alena Vladimirovna KUZINA 1999 Yelena Yuryevna Pershakova Moscow Manifestation in support of Navalnyy   Moscow   02/02/2021 article 20.2 § 6.1 of CAO administrative detention of 4 days Moscow City Court 05/02/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 9 p.m. on 02/02/2021 to 10 a.m. on 03/02/2021 in excess of 3   hours for the purpose of drawing up a record of administrative offence and for bringing the applicant to the court hearing on 03/02/2021, raised on appeal,     Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court, 05/02/2021,     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     41202/21 02/08/2021 Maksim Yuryevich IZHEDEROV 1996 Mariya Olegovna Eysmont Moscow Manifestation in support of Navalnyy   Moscow   31/01/2021 article 20.2 § 6.1 of CAO administrative detention of 10 days Moscow City Court 04/02/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 5.10 p.m. on 31/01/2021 to 4.50 p.m. on 01/02/2021 for the sole purpose of drawing up an administrative offence record, no evidence that it could not have been done on the spot, held in detention after drawing up an administrative offence record and until the court hearing, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court, 04/02/2021,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - the applicant was deprived of the right to cross-examine the police officers whose reports were at the basis of his conviction and to contest that he had not in fact disrupted traffic   41233/21* 06/08/2021 Ivan Mikhaylovich SHCHAPOV 1999   Memorial Human Rights Centre Moscow Manifestation in support of Navalnyy   Moscow   31/01/2021 article 20.2 § 6.1 of CAO administrative detention of 7 days Moscow City Court 08/02/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court, 08/02/2021,     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   41245/21 25/07/2021 Tatyana Ivanovna KOVRIZHNYKH 1999   Memorial Human Rights Centre Moscow Manifestation in support of Tsvetkova   Moscow, Krupskaya monument   27/06/2020 article 20.2 § 5 of CAO administrative fine of RUB 15,000 Moscow City Court 26/01/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis – arrest and detention from 4.38 p.m. to 11.19 p.m. on 27/06/2020 for the sole purpose of drawing up an administrative offence record, no evidence that it could not have been done on the spot, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court, 26/01/2021,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - the applicant was deprived of the right to cross-examine the police officers whose reports served as the basis for her conviction   41495/21* 23/07/2021 Yevgeniya Andreyevna FROLOVA 1987     Manifestation in support of Navalnyy   Moscow   31/01/2021 article 20.2 § 6.1 of CAO 10 days of administrative detention Moscow City Court 03/02/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 5.15 p.m. on 31/01/2021 to 6 p.m. on 01/02/2021 for drawing up a record of administrative offence and for bringing the applicant to the court hearing, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court, 03/02/2021,   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 open court police officers on whose written statements the applicant’s conviction was based   41680/21* 09/08/2021 Fedor Ivanovich MALYSHEV 1996     Manifestation in support of Navalnyy   Moscow   31/01/2021 article 20.2 § 6.1 of CAO administrative detention of 10 days Moscow City Court 09/02/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest from 2.45 p.m. on 31/01/2021 to 3 p.m. on 01/02/2021 for the sole purpose of drawing up a record of administrative offence and for bringing the applicant to the court hearing, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court, 09/02/2021   41953/21* 30/07/2021 Valentina Yuryevna BONDARENKO 1958 Deceased in 2022   Heir: Pikalova Elena Vladimirovna   1987   Memorial Human Rights Centre Moscow Manifestation in support of Navalnyy   Pyatigorsk   31/01/2021 article 20.2.2 § 1 of CAO administrative detention of 1 day Stavropol Regional Court 31/03/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 11.30 a.m. on 31/01/2021 to 5 p.m. on 01/02/2021 for the sole purpose of drawing up an administrative offence record, no evidence that it could not have been done on the spot, held in detention after drawing up an administrative offence record, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Stavropol Regional Court, 31/03/2021,   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 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 applicant started serving her sentence – administrative detention – before the appeal judgment was delivered   42464/21* 05/08/2021 Nikolay Yuryevich KABALIN 1996 Memorial Human Rights Centre Moscow Manifestation in support of Navalnyy   Moscow   31/01/2021 article 20.2 § 6.1 of CAO administrative detention of 5 days Moscow City Court 11/02/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 3.14 p.m. on 31/01/2021 to 7.35 p.m. on 01/02/2021 for the sole purpose of drawing up an administrative offence record, no evidence that it could not have been done on the spot; held in detention after drawing up an administrative offence record, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court, 11/02/2021,   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 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 applicant started serving his sentence – administrative detention – before the appeal judgment was delivered   42467/21* 05/08/2021 Dmitriy Olegovich PETELIN 1999   Memorial Human Rights Centre Moscow Manifestation in support of Navalnyy   Moscow   31/01/2021 article 20.2 § 6.1 of CAO administrative detention of 11 days Moscow City Court 05/02/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 2.10 p.m. on 31/01/2021 to 2.45 p.m. on 01/02/2021 for the sole purpose of drawing up an administrative offence record, no evidence that it could not have been done on the spot, held in detention after drawing up an administrative offence record, raised on appeal,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the applicant started serving his sentence – administrative detention – before the appeal judgment was delivered   42982/21* 16/08/2021 Oleg Igorevich KRYZHANOVSKIY 1989 Ivan Yuryevich Zhdanov Vilnius Manifestation in support of Navalnyy   Lipetsk   31/01/2021 article 20.2 § 5 of CAO administrative fine of RUB 10,000 Lipetsk Regional Court 25/02/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest at 12.25 p.m. on 31/01/2021 for the sole purpose of drawing up an administrative offence record, no evidence that it could not have been done on the spot, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Lipetsk Regional Court, 25/02/2021,   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 open court police officers on whose written statements the applicant’s conviction was based   43275/21 09/08/2021 Dmitriy Mikhaylovich KOZLOV 1992 Mariya Sergeyevna Zyryanova St Petersburg Manifestation in support of Navalnyy   Saint-Petersburg   23/01/2021 article 20.2 § 6.1 of CAO administrative detention of 10 days St Petersburg City Court 11/02/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 7.20 p.m. on 23/01/2021 until the court hearing on 24/01/2021 for the sole purpose of drawing up an administrative offence record, no evidence that it could not have been done on the spot, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: St Petersburg City Court, 11/02/2021,   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 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 applicant started serving his sentence – administrative detention – before the appeal judgment was delivered   43854/21* 10/08/2021 Fedor Igorevich KIRILLOV 1998   Memorial Human Rights Centre Moscow Manifestation in support of Navalnyy   Moscow   02/02/2021   Manifestation against the war in Ukraine   Moscow   06/03/2022 article 20.2 § 6.1 of CAO             article 20.2 § 5 of CAO administrative detention of 10 days             administrative fine of RUB 10,000 Moscow City Court 10/02/2021           Moscow City Court 17/10/2022 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 11.20 p.m. on 02/02/2021 to 11.20 a.m. on 03/02/2021 and from 4.25 p.m. to 10.31 p.m. on 06/03/2022 for the sole purpose of drawing up an administrative offence record, no evidence that it could not be done on spot, raised on appeal,   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. Final decisions: Moscow City Court, 10/02/2021 and 17/10/2022,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses in both sets of the proceedings - the applicant claims that despite his requests, the court failed to call the police officers that arrested him and drew up an administrative offence record, thereby depriving the applicant of the opportunity to cross-examine the individuals providing key evidence for his conviction. The court also dismissed the applicant’s request to examine video and photo materials of his arrest to counterbalance the absence of the said witnesses,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the applicant started serving his sentence – administrative detention – before the appeal judgment was delivered, proceedings ended on 10/02/2021 in Moscow City Court   45034/21* 03/09/2021 Vladimir Valentinovich FILIPPENKO 1981 Ivan Yuryevich Zhdanov Vilnius Manifestation in support of A. Navalnyy   Magnitogorsk   31/01/2021 article 19.3 § 1 of CAO administrative fine of RUB 1,000 Chelyabinsk Regional Court 18/03/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 12.20 p.m. on 31/01/2021 to 11.05 a.m. on 01/02/2021 for the sole purpose of drawing up a record of administrative offence and bringing the applicant to the court hearing, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Altay Regional Court, 18/03/2021   45065/21* 01/09/2021 Sergey Mikhaylovich KOBELEV 1979 Aleksandr Yevgenyevich Pomazuyev Vilnius Manifestation Navalnyy   Barnaul   31/01/2021 article 20.2 § 6.1 of CAO administrative fine of RUB 10,000 Altay Regional Court 18/03/2021 Art. 5 (1) – unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 12.15 p.m. on 31/01/2021 to 01/02/2021 until the court hearing for the sole purpose of drawing up an administrative offence record, no evidence that it could not be done on spot, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Altay Regional Court, 18/03/2021   45703/21* 19/08/2021 Raira Georgiyevna BAZMANI 2002     Manifestation in support of A. Navalnyy   Nizhniy Novgorod   31/01/2021 article 20.2 § 5 of CAO administrative fine of RUB 5,000 Nizhniy Novgorod Regional Court 23/06/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 12.30 p.m. to 7.30 p.m. on 31/01/2021 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence, no evidence that it could not be done on spot, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Nizhniy Novgorod Regional Court, 23/06/2021   46693/21* 03/09/2021 Viktor Yevgenyevich LEVAKOV 1966 Darya Dmitriyevna Aksenova Kolomna Manifestation in support of Navalnyy   Moscow   23/01/2021 article 20.2 § 5 of CAO administrative fine of RUB 10,000 Moscow City Court 20/04/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 6.15 p.m. on 23/01/2021 to 0.50 a.m. on 24/01/2021 in excess of 3 hours for the sole purpose of drawing a record of administrative offence, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court, 20/04/2021   46997/21* 15/09/2021 Yegor Yevgenyevich BYCHENKOV 2002 Ivan Yuryevich Zhdanov Vilnius Manifestation in support of Navalnyy   Vladimir   23/01/2021 article 20.2 § 5 of CAO administrative fine of RUB 10,000 Vladimir Regional Court 23/03/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 3 p.m. on 23/01/2021 to 2.50 p.m. on 25/01/2021 in excess of 3 hours for the sole purpose of drawing a record of administrative offence, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Vladimir Regional Court, 23/03/2021   47516/21* 15/09/2021 Stanislav Andreyevich BUGAYEV 1994 Konstantin Aleksandrovich Markin Velikiy Novgorod Manifestation in support of A. Navalnyy   Moscow   31/01/2021 article 20.2 § 6.1 of CAO 10 days of administrative detention Moscow City Court 18/03/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 3 p.m. on 31/01/2021 to 2.19 p.m. on 01/02/2021 for the sole purpose of drawing up a record of administrative offence and bringing the applicant to the court hearing, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court, 18/03/2021,   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 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   47649/21 15/09/2021 Elvira Nikolayevna KUDRYASHOVA 1964 Vladimir Yuryevich Protasov Yoshkar - Ola Manifestation in support of Navalnyy   Yoshkar-Ola   23/01/2021   Manifestation in support of Navalnyy   Yoshkar-Ola   31/01/2021 article 20.2 § 5 of CAO             article 19.3 § 1 of CAO administrative fine of RUB 5,000             administrative fine of RUB 500 Supreme Court of Mariy El Republic 17/03/2021           Supreme Court of Mariy El Republic 18/03/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 12.10 p.m. on 31/01/2021 to 02/02/2021 until the court hearing for the purpose of drawing up a record of administrative offence and bringing the applicant to the court hearing, raised on appeal   47813/21* 16/09/2021 Boris Davydovich DOBRUSIN 1984 Veronika Yuryevna Karagodina St Petersburg Manifestation in support of A. Navalnyy   St Petersburg   31/01/2021 article 20.2.2 § 1 of CAO 8 days of administrative detention St Petersburg City Court 23/03/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 12 p.m. on 31/01/2021 to 12.30 p.m. on 01/02/2021 for the sole purpose of drawing up a record of administrative offence and bringing the applicant to the court hearing, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: St   Petersburg City Court, 23/03/2021,   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 open court police officers on whose written statements the applicant’s conviction was based   47844/21 08/09/2021 Denis Yuryevich SMIRNOV 1969 Anton Sergeyevich Grachev Gatchina Manifestation in support of A. Navalnyy   St Petersburg   31/01/2021 article 20.2.2 § 1 of CAO administrative detention of 8 days St Petersburg City Court 09/03/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 12 p.m. till the court hearing in the evening on 31/01/2021 for the purpose of drawing up a record of administrative offence and bringing the applicant to the court hearing, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: St   Petersburg City Court, 09/03/2021,   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 open court the police officer on whose written statements the applicant’s conviction was based   48188/21 28/09/2021 Yefrosinya Sergeyevna KHARCHENKO 1998     Manifestation in support of Navalnyy   Moscow   02/02/2021 article 20.2 § 5 of CAO administrative fine of RUB 10,000 Moscow City Court, 02/04/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 11.50 p.m. on 02/02/2021 to 3.59 a.m. on 03/02/2021 for the sole purpose of drawing up an administrative offence record, no evidence that it could not have been done on the spot, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court, 02/04/2021,   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 open court the police officer on whose written statements the applicant’s conviction was based   48238/21 15/09/2021 Mikhail Yuryevich LABYUK 1982 Yana Andreyevna Nepovinnova St Petersburg Manifestation in support of Navalnyy   St Petersburg   21/04/2021 article 20.2.2 § 1 of CAO administrative fine of RUB 15,000 St Petersburg City Court 22/06/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 8.20 p.m. on 21/04/2021 to about 6 p.m. on 22/04/2021 for the purpose of drawing up a record of administrative offence and bringing the applicant to the court hearing, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: St   Petersburg City Court, 22/06/2021,   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 open court police officers on whose written statements the applicant’s conviction was based   49382/21* 22/09/2021 Mikhail Ruslanovich SOLODOVNIKOV 2002 Marina Alekseyevna Dubrovina Novorossiysk Manifestation in support of Navalnyy   Novorossiysk   31/01/2021 article 20.2.2 § 1 of CAO administrative fine of RUB 10,000 Krasnodar Regional 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. Final decision: Krasnodar Regional Court, 22/03/2021,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - the applicant claims that despite his requests, the court failed to call to court the police officers who drafted reports and drew up an administrative offense record   49711/21 17/09/2021 Nadezhda Viktorovna LYYUROVA 1967 Vladislav Vladimirovich Kosnyrev Syktyvkar Manifestation in support of Navalnyy   Syktyvkar   31/01/2021 article 20.2 § 5 of CAO administrative fine of RUB 10,000 Supreme Court of the Komi Republic 17/03/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 2 p.m. to 09.30 p.m. on 31/01/2021 for the sole purpose of drawing up an administrative offence record, no evidence that it could not have been done on the spot, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Supreme Court of the Komi Republic, 17/03/2021   49918/21 21/09/2021 Yelena Vyacheslavovna TSOVINA 1964 Nikolay Vladimirovich Vasilyev Moscow Demonstration against destruction of a park   Moscow   27/09/2020 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. Final decision: Moscow City Court, 22/03/2021   50123/21* 23/09/2021 Konstantin Mikhaylovich VOROVICH 1991 Arkadiy Vitalyevich Shindyapin Moscow Manifestation in support of Navalnyy   Moscow   31/01/2021 article 20.2 § 5 of CAO administrative fine of RUB 15,000 Moscow City Court 27/05/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 2.30 p.m. on 31/01/2021 to 01/02/2021 for the sole purpose of drawing up an administrative offence record and bringing the applicant to the court hearing, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court, 27/05/2021,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - impossibility to interrogate at court police officers who drafted the written reports and drew up an administrative offence record   50154/21* 23/09/2021 Yekaterina Vladimirovna ZUBKOVA 1969 Aleksandr Yevgenyevich Pomazuyev Vilnius Manifestation in support of Navalnyy   Ukhta   31/01/2021 article 20.2 § 5 of CAO administrative fine of RUB 10,000 Supreme Court of the Komi Republic 31/03/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrested at about 1 p.m. on 31/01/2021 and held at police station for more than 4 hours, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court, 31/03/2021   50163/21* 23/09/2021 Stepan Glebovich PYANYKH 1994 Arkadiy Vitalyevich Shindyapin Moscow Manifestation in support of Navalnyy   Moscow   31/01/2021 article 20.2 § 5 of CAO administrative fine of RUB 10,000 Moscow City Court 27/05/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 2.30 p.m. to 9 p.m. on 31/01/2021 for the sole purpose of drawing up an administrative offence record and bringing the applicant to the court hearing, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court, 27/05/2021,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - impossibility to interrogate at court police officers who drafted the written reports and drew up an administrative offence record   50219/21* 24/09/2021 Alina Aleksandrovna KOLESOVA 1998 Marina Alekseyevna Dubrovina Novorossiysk Manifestation in support of Navalnyy   Pyatigorsk   31/01/2021 article 20.2.2 § 1 of CAO administrative fine of RUB 10,000 Krasnodar Regional Court 24/03/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Krasnodar Regional Court, 24/03/2021,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - impossibility to interrogate at court police officers who drafted the written reports and drew up an administrative offence record   50225/21* 23/09/2021 Sergey Aleksandrovich KALINKIN 1987 Konstantin Mikhaylovich Zinovyev Nizhniy Novgorod Manifestation in support of Navalnyy   Nizhniy Novgorod   31/01/2021 article 20.2 § 6.1 of CAO administrative fine of RUB 12,000 Nizhniy Novgorod Regional Court 24/03/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Nizhniy Novgorod Regional Court, 24/03/2021,   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 open court police officers on whose written statements the applicant’s conviction was based   50269/21* 02/10/2021 Regina Vladimirovna SERGIYENKO 2002 Veronika Yuryevna Karagodina St Petersburg Manifestation in support of Navalnyy   St Petersburg   31/01/2021 article 20.2.2 § 1 of CAO administrative fine of RUB 10,000 St Petersburg City Court 22/04/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 1.30 p.m. to 11.30 p.m. on 31/01/2021 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: St   Petersburg City Court, 22/04/2021,     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 open court police officers on whose written statements the applicant’s conviction was based   50546/21 24/09/2021 Aleksey Leonidovich SIVAKS 1983 Stanislav Aleksandrovich Seleznev Samara Manifestation in support of Navalnyy   Samara   31/01/2021 article 20.2 § 5 of CAO administrative fine of RUB 10,000 Samara Regional Court 22/04/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 2.05 p.m. to 4.40 p.m. on 31/01/2021 for the sole purpose of drawing up a record of administrative offence, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Samara Regional Court, 22/04/2021   50609/21* 29/09/2021 Vladimir Andreyevich IVANOV 1984 Marina Alekseyevna Dubrovina Novorossiysk Manifestation in support of Navalnyy   Anapa   23/01/2021 article 20.2 § 5 of CAO administrative fine of RUB 20,000 Krasnodar Regional Court 29/03/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 2.30 p.m. to 8.10 p.m. on 23/01/2021 for the sole purpose of drawing up an administrative offence record, no evidence that it could not have been done on the spot, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Krasnodar Regional Court, 29/03/2021,   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 open court police officers on whose written statements the applicant’s conviction was based   50979/21* 05/10/2021 Georgiy Aleksandrovich SMIRNOV 1990 Sergey Aleksandrovich Loktev St Petersburg Theatrical performance in protest of Roskomnadzor slowing down of Twitter (4 participants)   St Petersburg   30/03/2021 article 20.2 § 2 of CAO administrative detention of 7 days St Petersburg City Court 06/04/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 9.35 p.m. on 30/03/2021 to 12.30 p.m. on 01/04/2021 for the purpose of drawing up a record of administrative offence and bringing the applicant to the court hearing, raised on appeal,   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 in defence of the applicant’s version of events on an equal footing with the prosecution   51115/21 01/10/2021 Yelena Vladimirovna ORLOVA 2000 Fedor Yevgenyevich Sirosh Moscow Manifestation in support of Navalnyy   Moscow   23/01/2021 article 20.2 § 5 of CAO administrative fine of RUB 13,000 Moscow City Court 02/04/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 7 p.m. on 23/01/2021 to 24/01/2021 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence, raised on appeal,     Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court, 02/04/2021,   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 open court police officers on whose written statements the applicant’s conviction was based   51119/21 01/10/2021 Dmitriy Iosifovich KUZICHEV 1984 Fedor Yevgenyevich Sirosh Moscow Manifestation in support of Navalnyy   Moscow   23/01/2021 article 20.2 § 5 of CAO administrative fine of RUB 10,000 Moscow City Court 02/04/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 7 p.m. on 23/01/2021 to 24/01/2021 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court, 02/04/2021,   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 open court police officers on whose written statements the applicant’s conviction was based   51295/21 29/09/2021 Erik Eduardovich RAY 1999 Memorial Human Rights Centre Moscow Manifestation in support of Navalnyy   Moscow   03/02/2021 article 20.2 § 6.1 of CAO administrative detention of 10 days Moscow City Court 08/02/2021 (received on 30/03/2021) Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 0.15 a.m. to 4.00 p.m. on 03/02/2021 for the sole purpose of drawing up an administrative offence record, no evidence that it could not have been done on the spot, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court, 08/02/2021 (received on 30/03/2021),   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 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 applicant started serving his sentence – administrative detention – before the appeal judgment was delivered   51676/21 24/09/2021 Yekaterina Vladimirovna OKONOVENKO 1996 Polina Aleksandrovna Sidelnikova Vladivostok Manifestation in support of Furgal   Vladivostok   18/07/2020 article 20.2 § 5 of CAO administrative fine of RUB 10,000 Primorye Regional Court 29/03/2021 Art. 6 (1) - lack of impartiCitations
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Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;COMMUNICATEDCASES;ENG
- Date
- 29 juin 2023
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:001-226107
Données disponibles
- Texte intégral
- Résumé officiel