CEDH · CASELAW;COMMUNICATEDCASES;ENG — 29 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 } .sF00A2B95 { font-family:Arial; font-size:5.33pt; vertical-align:super } .s5FFF0A7E { margin-top:0pt; margin-bottom:0pt; font-size:8pt } .s872F2762 { height:96.5pt } .s5DF12E9A { height:121.85pt } .s97B92480 { height:150.2pt } Published on 24 July 2023   FIFTH SECTION Application no.   984/15 Olga Mikhaylovna MAZUROVA and Others against Russia and 24 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     984/15* 26/12/2014 Olga Mikhaylovna MAZUROVA 1960   Anna Valentinovna ANNENKOVA 1980   Niks Neytan NEMENI 1988   Yelena Yuryevna Pershakova Perm Rally in support of the Russian LGBT community   Moscow   07/02/2014 article 20.2 § 5 of CAO fines of RUB 5,000,     fine of RUB   15,000     fine of RUB   20,000 Moscow City Court: 26/06/2014,     02/07/2014       14/07/2014 Art. 5 (1) - unlawful deprivation of liberty: In respect of 2 nd and 3 rd applicants: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 08.15 to 11.35 p.m. on 07/02/2014   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - domestic courts’ failure to call and examine the police officers whose written reports were used for the conviction; inability to question defence witnesses as well as to observe the video record of the gathering and its dispersal     19096/21* 23/03/2021 Viktor Kosto GRIVACHAUSKAS 1973     Rally against the constitutional amendments   Moscow   22/06/2020 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 24/09/2020 Art. 5 (1) - unlawful deprivation of liberty: - escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 06.00 to 11.40   p.m. on 26/06/2020, while the said record was drawn up only on 06/07/2020, - escorting to the police station for the purpose of drawing up a record of administrative offence, from 12.10 a.m. to 02.30 p.m. on 11/10/2020   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, 24/09/2020 and 07/06/2021   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - domestic courts’ failure to call and examine the police officers whose written reports were used for the convictions (both sets of the proceedings)   Art. 10 (1) - disproportionate measures against solo demonstrators - solo picketing on 11/10/2020 in Moscow, administrative conviction under art. 20.2 § 5 of the CAO, fine of RUB 10,000. Final decision: Moscow City Court, 07/06/2021.     23107/21 12/04/2021 Natalya Yuryevna KOCHUGOVA 1977 Polina Aleksandrovna Sidelnikova Vladivostok Rally in support of the governor of the Khabarovsk Region Mr   S.   Furgal   Vladivostok   01/08/2020 article 20.2 § 5 of CAO fine of RUB 10,000 Primorye Regional Court 15/12/2020 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 - domestic courts’ failure to call and examine the police officers whose written reports were used for the conviction     24124/21* 13/04/2021 Mariya Nikolayevna PONOMARENKO 1978     Rally in support of the governor of the Khabarovsk region Mr S. Furgal   Barnaul   08/08/2020 article 20.2.2 §   1 of CAO fine of RUB 10,000 Altay Regional Court 13/10/2020 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”: - from 11.20 a.m. on 22/08/2020 to 24/08/2020, after the administrative record was drawn up and until the court hearing, - from 07.00 p.m. on 16/06/2021 to 12.00 a.m. on 17/06/2021     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: Altay Regional Court, 13/10/2020 and 25/08/2021   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - domestic courts’ failure to call and examine the police officers whose written reports were used for the convictions in both sets of the administrative-offence proceedings   Art. 10 (1) - conviction for making calls to participate in public events - conviction for having made calls on 20/04/2021 to participate in an unauthorised public event scheduled for 21/04/2021, art. 20.2 § 8 of the CAO, fine of RUB 75,000. Final decision: Altay Regional Court, 25/08/2021     24864/21* 20/04/2021 Nikolay Andreyevich NIKOLAYEV 1998 Darya Dmitriyevna Aksenova Kolomna Rally in support of Mr   A.   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: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 31/01/2021 to 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     26904/21 08/05/2021 Oksana Viktorovna KURAKOVA 1986 Anna Yevgenyevna Bochilo Barnaul Rally in support of the governor of the Khabarovsk region Mr S. Furgal   Irkutsk   08/08/2020 article 20.2 § 5 of CAO fine of RUB 10,000 Irkutsk Regional Court 18/11/2020 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 - domestic courts’ failure to call and examine the police officers whose written reports were used for the conviction     26949/21 17/05/2021 Aleksandr Andreyevich RASSOKHIN 1990   Memorial Human Rights Centre Moscow Rally in support of Mr I. Safronov   Moscow   13/07/2020 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 08/12/2020 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention from 02.15 to 05.00 p.m. on 13/07/2020, while the said protocol was drawn up only on 21/07/2020   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 - domestic courts’ failure to call and examine the police officers whose written reports were used for the conviction     27420/21* 04/05/2021 Dmitriy Valeryevich LANETS 1975 Konstantin Vladimirovich Bubon Khabarovsk Rally in support of the governor of the Khabarovsk Region Mr S. Furgal   Khabarovsk   10/10/2020 article 20.2 § 5 of CAO, article 20.2 §   6.1 of CAO two fines of RUB 15,000 each Khabarovsk Regional Court, 05/11/2020 and 10/11/2020 Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - The applicant was convicted twice - under art.   20.2 § 5 and under art. 20.2 § 6.1 of the CAO for his participation in the same public event of 10/10/2020 (final decisions of the Khabarovsk Regional Court: 05/11/2020 and 10/11/2020)     28256/21* 30/04/2021 Diana Vladimirovna LUKA 1987   Memorial Human Rights Centre Moscow Rally in support of the governor of the Khabarovsk region Mr S. Furgal   Khabarovsk   15/09/2020 article 20.2 § 5 of CAO fine of RUB 10,000 Khabarovsk Regional Court 10/11/2020 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   28259/21 30/04/2021 Andrey Aleksandrovich LATALIN 1981   Memorial Human Rights Centre Moscow Rally in support of Mr N. Platoshkin   Moscow   25/07/2020 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 26/11/2020 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 02.00 to 8.15 p.m. on 25/07/2020, while the said record was drawn up only on 06/08/2020     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 - domestic courts’ failure to call and examine the police officers whose written reports were used for the conviction; inability to submit evidence, including video recordings, in defence of the applicant’s version of events on an equal footing with the prosecution   28543/21* 02/06/2021 Ruslan Vladimirovich FILIPPOV 1989   Memorial Human Rights Centre Moscow Rally in support of Mr A. Navalnyy   St Petersburg   31/01/2021 article 20.2.2 §   1 of CAO administrative fine of RUB 10,000 St Petersburg City Court 30/03/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 12.30 p.m. on 31/01/2021 to 05.30 p.m. 01/02/2021, the hearings in the applicant’s administrative-offence case     Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceeding   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - domestic courts’ failure to call and examine the police officers whose written reports were used for the conviction   28549/21 02/06/2021 Anton Viktorovich KOSYY 1989   Memorial Human Rights Centre Moscow Rally in support to Mr A. Navalnyy   Moscow   31/01/2021 article 20.2 §   6.1 of CAO administrative detention of 15 days Moscow City Court 05/02/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.15 p.m. on 31/01/2021 to 00. 35 a.m. on 01/02/2021     Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant by the court of first instance was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO   28558/21 17/05/2021 Tatyana Gennadyevna LARICHEVA 1976 Mariya Olegovna Eysmont Moscow Rally against the Constitutional amendments   Moscow   15/07/2020 article 20.2 §   6.1 of CAO fine of RUB 10,000 Moscow City Court 18/11/2020 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 07.30 p.m. on 15/07/2020 to 03.00 a.m. on 16/07/2020     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 - domestic courts’ failure to call and examine the police officers whose written reports were used for the conviction   28568/21* 19/05/2021 Aleksey Gennadyevich FILIMONOV 1970 Yuliya Fedotova Yekaterinburg Rally in support of the governor of the Khabarovsk region Mr S. Furgal   Khabarovsk   10/10/2020 article 20.2 § 5 of CAO fine of RUB 15,000 Khabarovsk Regional Court 24/11/2020     28608/21 20/05/2021 Taisiya Lvovna BEKBULATOVA 1991 Alan Olegovich Gamazov Moscow Rally in support of Mr I. Safronov   Moscow   13/07/2020 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 20/11/2020 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, on 13/07/2020   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 - domestic courts’ failure to call and examine the police officers whose written reports were used for the conviction   29831/21* 15/05/2021 Anatoliy Ivanovich KOSTENKO 1951 Andrey Yevgenyevich Shchukin Nizhniy Tagil Rally in support of Mr A. Navalnyy   Yekaterinburg 31/01/2021     Political rally   Yekaterinburg   06/03/2022 article 20.2 § 5 of CAO           article 20.2 § 8 of CAO fine of RUB 15,000           administrative detention of 30 days Sverdlovsk Regional Court 14/04/2021         Sverdlovsk Regional Court 16/03/2022 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”: - from 01.50 to 05.10 p.m. on 31/01/2021, - from 02.50 p.m. on 06/03/2022 to 07/03/2022, hearings in the applicant’s administrative-offence case   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - domestic courts’ failure to call and examine the police officers whose written reports were used for the conviction     Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant by the court of first instance was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO   30314/21* 18/05/2021 Pavel Sergeyevich VERTIKOV 2001 Irina Aleksandrovna Yatsenko Moscow Rally against the constitutional amendments   Moscow   15/07/2020 article 20.2 §   6.1 of CAO fine of RUB 20,000 Moscow City Court 18/11/2020 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 09.30 p.m. on 15/07/2020 to 03.30 a.m. on 16/07/2020     Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceeding   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - domestic courts’ failure to call and examine the police officers whose written reports were used for the conviction   30337/21 17/05/2021 Anna Aleksandrovna VASILYEVA 1995   Memorial Human Rights Centre Moscow Rally in support of Mr I. Safronov   Moscow   13/07/2020 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 02/12/2020 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 01.30 to 05.50 p.m. on 13/07/2020, while the said record was drawn up only on 22/07/2020     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 - domestic courts’ failure to call and examine the police officers whose written reports were used for the conviction   30585/21 13/05/2021 Yevgeniy Valentinovich BAKHOTSKIY 1970 Vladimir Valeryevich Vasin Krasnoyarsk Rally in support of the governor of the Khabarovsk region Mr S. Furgal   Krasnoyarsk   15/08/2020 article 20.2 § 5 of CAO fine of RUB 13,000 Krasnoyarsk Regional Court 19/11/2020 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 4.40 p.m. 15/08/2020 to 02.00 p.m. on 17/08/2020     Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   31158/21* 22/05/2021 Oksana Vladimirovna SERGEYEVA 1973 Konstantin Aleksandrovich Markin Velikiy Novgorod Rally in support of Mr A. Navalnyy   Velikiy Novgorod   23/01/2021 article 20.2 § 5 of CAO administrative fine of RUB 10,000 Novgorod Regional Court 05/03/2021 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 - domestic courts’ failure to call and examine the police officers whose written reports were used for the conviction   31379/21* 12/05/2021 Vasiliy Dodiyevich VAYSENBERG 1983 Anna Yevgenyevna Bochilo Barnaul Rally in support of Mr A. Navalnyy   Moscow   23/01/2021 article 20.2 §   6.1 of CAO administrative detention of 5 days Moscow City Court 30/03/2021 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 - domestic courts’ failure to call and examine the police officers whose written reports were used for the conviction   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant by the court of first instance was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO   31526/21* 24/05/2021 Diana Yevgenyevna YADRYSHNIKOVA 1985 Irina Yuryevna Ruchko Yekaterinburg   Rally in support of Mr A. Navalnyy   Yekaterinburg   31/01/2021 article 20.2 § 5 of CAO 25 hours of community works Sverdlovsk Regional Court 31/03/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 12.30 a.m. to 05.30 p.m. on 31/01/2021   32172/21* 11/06/2021 Andrey Mikhaylovich YEPIFANOVSKIY 2002   Memorial Human Rights Centre Moscow Rally in support of A. Navalnyy   Tula   23/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Tula Regional Court 09/03/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 2.50 to 07.00 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   32196/21 25/05/2021 Olga Nikolayevna LAZARENKO 1974 Aleksandr Dmitriyevich Peredruk St Petersburg Rally in support of the governor of the Khabarovsk region Mr S. Furgal   Poyarkovo village, Amur Region   23/07/2020 article 20.2 § 5 of CAO fine of RUB 10,000 Amur Regional Court 07/12/2020 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   32666/21* 24/05/2021 Shamil Ramilevich VALISHIN 1999 Darya Dmitriyevna Aksenova Kolomna Rally in support of A. Navalnyy   Moscow   31/01/2021 article 20.2 §   6.1 of CAO administrative detention of 12 days Moscow City Court 12/02/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 05.00 p.m. on 31/01/2021 to 01/02/2021, the hearings in the applicant’s administrative-offence case     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 - domestic courts’ failure to call and examine the police officers whose written reports were used for the conviction