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 } .sF057D91 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:6pt } .s3A357E38 { text-align:center; page-break-inside:avoid; page-break-after:avoid; font-family:Arial; font-size:8pt; list-style-position:inside } .s1DE04BC { margin-top:0pt; margin-bottom:0pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:8pt } Published on 24 July 2023   FIRST SECTION Application no.   23295/21 Tatyana Yuryevna OBLASOVA against Russia and 27 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     23295/21* 14/04/2021 Tatyana Yuryevna OBLASOVA 1972 Aleksandr Yevgenyevich Pomazuyev Vilnius Rally in support of A. Navalnyy   Kurgan   31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Kurgan Regional Court 15/03/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 31/01/2021 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     23489/21* 12/04/2021 Igor Yevgenyevich PROKOPYEV 1997 Aleksandr Yevgenyevich Pomazuyev Vilnius Rally in support of A. Navalnyy   Kurgan   23/01/2021 article 20.2 § 5 of CAO fine of RUB 20,000 Kurgan Regional Court 16/03/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention on 23/01/2021 for the sole purpose of drawing up a record of administrative offence; failure to draw up the escort record;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings     23817/21* 14/04/2021 Vladimir Sergeyevich SAVICHEV 2002 Aleksandr Yevgenyevich Pomazuyev Vilnius Rally in support of A. Navalnyy   Balakovo, Saratov Region   23/01/2021 article 20.2 § 5 of CAO fine of RUB   20,000 Saratov Region Court 19/03/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings     23866/21* 20/04/2021 Aleksandr Vyacheslavovich FADEYEV 1987 Andrey Yevgenyevcich Shchukin Nizhniy Tagil Rally in support of political prisoners   Yekaterinburg   31/01/2021 article 20.2 § 5 of CAO community work of 30 hours Sverdlovsk Regional Court 31/03/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention on 31/01/2021 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     24155/21* 16/04/2021 Denis Sergeyevich BASKOVSKIY 1991   Memorial Human Rights Centre Moscow Rally in support of A. Navalnyy   Moscow   02/02/2021 article 20.2 § 6.1 of CAO administrative detention for 12 days Moscow City Court 08/02/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention between 02/02/2021 and 03/02/2021 as an administrative suspect;   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     24179/21* 16/04/2021 Kenenbek ARZYMATOV 1994   Memorial Human Rights Centre Moscow Rally in support of A. Navalnyy   Moscow   02/02/2021 article 20.2 § 6.1 of CAO administrative detention of 10 days Moscow City Court 05/02/2021 Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention from 02/02/2021 to 04/02/2021 as administrative suspect;   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     24724/21* 29/03/2021 Yekaterina Borisovna GRITSAYENKO 1975 Aleksandra Nikolayevna Bayeva Moscow Rally in support of A. Navalnyy   Rostov-on-Don   23/01/2021 article 20.2 § 6.1 of CAO administrative detention of 10 days Rostov Regional Court 02/02/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 29/01/2021 for the sole purpose of drawing up a record of administrative offence in respect of the participation in the rally of 23/01/2021 and then bring him before a court;   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 29/01/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO     24725/21* 29/03/2021 Nikolay Nikolayevich KOMAROV 1983   Memorial Human Rights Centre Moscow Rally in support of A. Navalnyy   Moscow   31/01/2021 article 20.2 § 6.1 of CAO administrative detention of 4 days Moscow City Court 04/02/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention between 31/01/2021 and 01/02/2021 as administrative suspect;   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 01/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO     24726/21* 29/03/2021 Oleg Dmitriyevich KALACHEV 1988   Memorial Human Rights Centre Moscow 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 09/02/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention between 31/01/2021 and 01/02/2021 as administrative suspect;     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 officer 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 01/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO   25935/21* 27/04/2021 Aleksey Vitalyevich MARTYNOV 1988   Memorial Human Rights Centre Moscow Rally in support of A. Navalnyy   Moscow   31/01/2021 article 20.2   § 6.1 of CAO administrative detention of 10 days Moscow City Court 05/02/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect;   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 01/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO   26872/21 17/05/2021 Nastasya Igorevna FILYAYEVA 1992   Memorial Human Rights Centre Moscow Rally in support of A. Navalnyy   Moscow   02/02/2021 article 20.2   § 6.1 of CAO administrative detention of 10 days Moscow City Court 05/02/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention on 03/02/2021 for more than 3 hours as administrative suspect;   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 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   26899/21* 17/05/2021 Yelena Artemovna KITAYEVA 1999 Memorial Human Rights Centre Moscow Rally in support of A. Navalnyy   Moscow   02/02/2021 article 20.2   § 6.1 of CAO administrative detention of 12 days Moscow City Court 09/02/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention from 02/02/2021 to 03/02/2021 as administrative suspect;   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 03/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO   26911/21* 17/05/2021 Oleg Yuryevich GRYAZNOV 1999   Memorial Human Rights Centre Moscow Rally in support of A. Navalnyy   Moscow   31/01/2021 article 20.2 § 6.1 of CAO administrative detention of 15 days Moscow City Court 08/02/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention between 31/01/2021 and 01/02/2021 as administrative suspect;   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 01/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO   26929/21 17/05/2021 Vadim Viktorovich BULATOV 1979   Memorial Human Rights Centre Moscow Rally in support of A. Navalnyy   Moscow   23/01/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 06/04/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention on 23/01/2021 for more than 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 officer 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.   26943/21 17/05/2021 Samvel Valeryevich MNATSAKANYAN 1990   Memorial Human Rights Centre Moscow Rally in support of Alexey Navalnyy   Moscow   31/01/2021 article 20.2 § 6.1 of CAO administrative detention for   6 days Moscow City Court 08/04/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect;   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 conviction was based, as well as to obtain video footage from those officers’ cameras;   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   27811/21* 28/04/2021 Anzhelika Yuryevna YAROVAYA 1994     Rally in support of A. Navalnyy   Belgorod   31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Belgorod Regional Court 15/03/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   28125/21* 23/04/2021 Sergey Vasilyevich OSTROUKHOV 1957     Rally in support of A. Navalnyy   Kaluga   31/01/2021 article 20.2.2 § 1 of CAO administrative detention of 5 days Kaluga Regional Court 19/02/2021     32935/21 01/06/2021 Yelena Mikhaylovna KADETOVA 1964 Vladimir Valeryevich Vasin Krasnoyarsk Rally in support of Khabarovsk   Krasnoyarsk   25/07/2020 article 20.2 § 5 of CAO fine of RUB 10,000 Krasnoyarsk Regional Court 17/12/2020 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   33047/21* 09/06/2021 Semen Andreyevich KALININ 1998 Andrey Yevgenyevich Shchukin Nizhniy Tagil Rally in support of Alexey Navalnyy   Yekaterinburg   31/01/2021 article 20.2 § 5 of CAO community work of 30 hours Sverdlovsk Regional Court 07/04/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention on 31/01/2021 for more than 3 hours for the sole purpose of drawing up a record of an 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 officer 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   33779/21* 03/06/2021 Dmitriy Valeryevich IVANOV 1990 Aleksey Vladimirovich Glukhov Novocheboksarsk Rally in support of A. Navalnyy   Cheboksary   23/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Supreme Court of the Republic of Chuvashia 11/03/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 23/01/2021 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   33799/21 03/06/2021 Larisa Mikhaylovna VASILYEVA 1970 Aleksey Vladimirovich Glukhov Novocheboksarsk Rally in support of A. Navalnyy   Cheboksary   23/01/2021 article 20.2 § 5 of CAO fine of RUB 12,000 Supreme Court of the Republic of Chuvashia 18/03/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention on 30/01/2021 for the sole purpose of drawing a record of administrative offence in respect of participation in the rally of 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   33813/21* 03/06/2021 Sergey Leonidovich ZLOBIN 1950 Aleksey Vladimirovich Glukhov Novocheboksarsk Rally in support of A. Navalnyy   Cheboksary   23/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Supreme Court of the Republic of Chuvashia 16/03/2021 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 police officers on whose written statements the conviction was based   33865/21* 03/06/2021 Aleksey Sergeyevich IGNATYEV 1987 Aleksey Vladimirovich Glukhov Novocheboksarsk Rally in support of A. Navalnyy   Cheboksary   23/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Supreme Court of the Republic of Chuvashia 27/04/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station on 23/01/2021 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   34094/21* 06/06/2021 Irina Denisovna CHEPLOUTSKAYA 1996 Dmitriy Vladimirovich Zubarev Vladivostok Rally in support of A. Navalnyy   Vladivostok   31/01/2021 article 20.2 § 5 of CAO fine of RUB 12,000 Primorye Regional Court 30/03/2021 Art. 5 (1) - unlawful deprivation of liberty- arrest, escorting to a police station and detention on 31/01/2021, in excess of three hours, for the sole purpose of drawing up a record of an 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;   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 officer on whose written statements the applicant’s conviction was based   34308/21* 07/06/2021 Nina Yuryevna KVYATKOVSKAYA 1980 Mikhail Igorevich Tunikov Vladivostok Rally in support of Sergey Furgal   Vladivostok   19/07/2020 article 20.2 § 5 of CAO fine of RUB 10,000 Primorye Regional Court 08/12/2020 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 conviction was based   34454/21* 03/06/2021 Andrey Vladimirovich BIKULOV 1987 Aleksey Vladimirovich Glukhov Novocheboksarsk Rally in support of A. Navalnyy   Cheboksary   23/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Supreme Court of the Republic of Chuvashia 29/04/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   35107/21 25/06/2021 Georgiy Anatolyevich SHEVELEV 2002   Memorial Human Rights Centre Moscow Rally in support of A. Navalnyy   Moscow   23/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 20/04/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 23/01/2021 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 conviction was based   35148/21 25/06/2021 Vladislav Sergeyevich MAKAROV 1997   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 18/03/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 23/01/2121 for more than 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