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 } .sA4BC3E2E { font-family:Arial; font-size:5.33pt; vertical-align:super; color:#000000 } .sF7147D91 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:5pt } .sF6A12959 { width:33%; height:1px; text-align:left } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } .sB343B0AA { font-family:Arial; font-size:6.67pt; vertical-align:super; color:#000000 } .s86731D0A { margin-top:0pt; margin-bottom:0pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-size:10pt } Published on 24 July 2023   THIRD SECTION Application no.   43656/21 Andrey Valeryevich VASILYEV against Russia and 22 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 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     43656/21 12/08/2021 Andrey Valeryevich VASILYEV 1999 Aleksey Vladimirovich Glukhov Novocheboksarsk Rally “Free Navalnyy”   Cheboksary   23/01/2021 article 20.2 § 5 of CAO Fine of RUB 10,000 Supreme Court of the Chuvash Republic 23/04/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings [1] ;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements the conviction was based [2] .     43658/21 12/08/2021 Nikolay Vladimirovich VUSHNYAKOV 1995 Aleksey Vladimirovich Glukhov Novocheboksarsk Rally “Free Navalnyy”   Cheboksary   23/01/2021 article 20.2 § 5 of CAO Fine of RUB 10,000 Supreme Court of the Chuvash Republic 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;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements the conviction was based.     43660/21 12/08/2021 Pavel Nikolayevich GARAMOV 1997 Aleksey Vladimirovich Glukhov Novocheboksarsk Rally “Free Navalnyy”   Cheboksary   23/01/2021 article 20.2 § 5 of CAO Fine of RUB 10,000 Supreme Court of the Chuvash Republic 30/04/2021; Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements the conviction was based.     43663/21 12/08/2021 Yevgeniy Valeryanovich GRIGORYEV 1994 Aleksey Vladimirovich Glukhov Novocheboksarsk Rally “Free Navalnyy”   Cheboksary   23/01/2021 article 20.2 § 5 of CAO Fine of RUB 10,000 Supreme Court of the Chuvash Republic 18/05/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements the conviction was based.       43667/21 12/08/2021 Aleksey Gennadyevich YEGOROV 1987 Aleksey Vladimirovich Glukhov Novocheboksarsk Rally “Free Navalnyy”   Cheboksary   23/01/2021 article 20.2 § 5 of CAO Fine of RUB 10,000 Supreme Court of the Chuvash Republic 06/05/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements the conviction was based.       43669/21 12/08/2021 Dmitriy Gennadyevich YEFIMOV 1987 Aleksey Vladimirovich Glukhov Novocheboksarsk Rally “Free Navalnyy”   Cheboksary   23/01/2021 article 20.2 § 5 of CAO Fine of RUB 11,000 Supreme Court of the Chuvash Republic 30/04/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements the conviction was based.     46558/21 03/09/2021 Aleksandr Vladimirovich KARPOVETS 1994 Konstantin Vladimirovich Bubon Khabarovsk Rally to support Sergey Furgal   Khabarovsk   23/01/2021 article 20.2 § 6.1 of CAO Fine of RUB 15,000 Khabarovsk Regional Court 09/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.30 p.m. on 23/01/2021 until 25/01/2021 [3] .     46580/21 07/09/2021 Ivan Sergeyevich TROFIMENKO 1995 Vitaliy Viktorovich Cherkasov St Petersburg Rally “Free Navalnyy”   St Petersburg   02/02/2021 article 20.2.2 § 1 of CAO Fine of RUB 20,000 St Petersburg City Court 25/03/2021 Art. 5 (1) (c) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.35 p.m. on 02/02/2021 until 4.00 p.m. on 03/02/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements the conviction was based.     46615/21 03/09/2021 Sergey Yevgenyevich KLEPIKOV 1995 Vladimir Sergeyevich Kapishnikov Orel Rally “Free Navalnyy”   Orel   31/01/2021 article 20.2 § 5 of CAO Fine of RUB 10,000 Orel Regional Court 26/04/2021     47145/21 15/09/2021 Danila Sergeyevich VOLKOV 1986 Maksim Ivanovich Kamakin St Petersburg Rally “Free Navalnyy”   St Petersburg   31/01/2021 article 20.2.2 § 1 of CAO Fine of RUB 10,000 St Petersburg City Court 16/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 5.00 p.m. until 8.48 p.m. on 31/01/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements the conviction was based.     49769/21 22/09/2021 Yevgeniy Igorevich BULAVIN 1993   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   St Petersburg   31/01/2021 article 20.2.2 § 1 of CAO detention for 7 days St Petersburg City Court 25/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.20 p.m. on 31/01/2021 until 10.00 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;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements the conviction was based;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO [4] .   45564/22 13/09/2022 Yekaterina Dmitriyevna RAZUMOVA 1988     Protest against war in Ukraine   Tambov   02/03/2022 article 20.6.1 § 1 of CAO Fine of RUB 10,000 Tambov Regional Court 16/05/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.00 p.m. until 6.30 p.m. on 02/03/2022;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements the conviction was based;   Art. 6 (1) - unfair criminal proceedings - various deficiencies of the administrative offence proceedings (no possibility to adduce evidence) [5] .   46205/22 10/09/2022 Mikhail Sergeyevich NIKOLAICHEV 1997 Sergey Aleksandrovich Loktev St Petersburg Protest against war in Ukraine   St Petersburg   13/03/2022 article 20.2.2 § 1 of CAO Fine of RUB 10,000 St Petersburg City Court 21/06/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.30 p.m. on 13/03/2022 until 14/03/2022;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements the conviction was based.       46212/22 10/09/2022 Azamat Ilshatovich MUKHAMEDYAROV 1999 Natalya Pavlovna Yermilova Yekaterinburg Protest against war in Ukraine   Yekaterinburg   06/03/2022 article 20.2 § 5 of CAO 32 hours of community work Sverdlovsk Regional Court 27/07/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.35 p.m. until 8.10 p.m. on 06/03/2022;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements the conviction was based;   Art. 6 (1) - unfair criminal proceedings - various deficiencies of the administrative offence proceedings (no access to a lawyer during detention at the police station) [6] .   46503/22 15/09/2022 Aleksandr Nikolayevich POPKOV 1994     Protest against war in Ukraine   St Petersburg   06/03/2022 article 20.2.2 § 1 of CAO Fine of RUB 19,000 St Petersburg City Court 14/06/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 5.30 p.m. on 06/03/2022 until 12.30 a.m. on 07/03/2022;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements the conviction was based.   46934/22 14/09/2022 Sofya Andreyevna OSADCHAYA 2002     Protest against war in Ukraine   Yekaterinburg   06/03/2022 article 20.2 § 5 of CAO Fine of RUB 20,000 Sverdlovsk Regional Court 15/06/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.02 p.m. until 11.50 p.m. on 06/03/2022;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements the conviction was based.   47526/22 15/09/2022 Yevgeniy Ivanovich GOROKHOV 1983 Kirill Aleksandrovich Maksheyev Nizhniy Novgorod Protest against war in Ukraine   Nizhniy Novgorod   12/06/2022 article 20.3.3 § 1 of CAO Fine of RUB 30,000 Nizhniy Novgorod Regional Court 17/08/2022 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 3.25 p.m. until 6.00 p.m. on 12/06/2022;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements the conviction was based.   47531/22 15/09/2022 Lika Alekseyevna MEDNIK 2003 Andrey Anatolyevich Slavkin Murmansk Protest against war in Ukraine   Murmansk   24/02/2022 article 20.2 § 2 of CAO Fine of RUB 20,000 Murmansk Regional Court 19/05/2022 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   47816/22 24/09/2022 Nikolay Andreyevich ILNITSKIY 1991     Protest against war in Ukraine   Moscow   26/02/2022 article 20.2 § 5 of CAO Fine of RUB 10,000 Moscow City Court 09/06/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 9.00 p.m. on 26/02/2022 until 12.30 a.m. on 27/02/2022.,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements the conviction was based.   9551/23 06/02/2023 Denis Aleksandrovich STRELKOV 1983     Rally in defence of Troitski woods   Moscow   12/02/2022 article 19.3 § 1 of CAO Detention for 7 days Moscow City Court 11/10/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 2.30 p.m. on 12/02/2022 until 9.00 a.m. on 14/02/2022;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial two police officers on whose written statements the conviction was based.   10131/23 11/02/2023 Dmitriy Bulatovich AYVAZYAN 1996     Protest against war in Ukraine   Moscow   06/03/2022 article 20.2 § 5 of CAO Fine of RUB 15,000 Moscow City Court 11/10/2022 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements the conviction was based;   Art. 6 (1) - lack of fair hearing - various deficiencies of the administrative offence proceedings (no possibility to adduce evidence).   11863/23 03/02/2023 Nadezhda Vladimirovna KRAYUSHKINA 1960     Protest against was in Ukraine   Moscow   24/02/2022 article 20.2 § 5 of CAO Fine of RUB 10,000 Moscow City Court 17/10/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 9.15 p.m. on 24/02/2022 until 4.30 a.m. on 25/02/2022;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   13772/23 16/02/2023 Marat Khabalovich DOKHOV 1983     Protest against war in Ukraine   Moscow   24/02/2022 article 20.2 § 5 of CAO Fine of RUB 15,000 Moscow City Court 19/10/2022 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.00 p.m. on 24/02/2022 until 2.30 a.m. on 25/02/2022;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements the conviction was based.   [1] Karelin v. Russia , no. 926/08, §§ 58-85, 20 September 2016. [2] Schatschaschwili v. Germany [GC], no. 9154/10, §§ 100-31, ECHR 2015, and Murtazaliyeva v. Russia [GC], no. 36658/05, §§ 150-59, 18 December 2018. [3] Butkevich v. Russia , no. 5865/07, §§ 63-65, 13 February 2018, Tsvetkova and Others v. Russia , nos. 54381/08 and 5 others, §§ 115-31, 10 April 2018, and Korneyeva v. Russia , no. 72051/17, §§ 34-36, 8 October 2019. [4] Martynyuk v. Russia , no. 13764/15, §§ 38-42, 8 October 2019. [5] Kasparov and Others v. Russia (no. 2), no. 51988/07, §§ 48-51, 13 December 2016. [6] Mikhaylova v. Russia , no. 46998/08, § 76-84, 19 November 2015.