CEDH · CASELAW;COMMUNICATEDCASES;ENG — 29 juin 2023

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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     43258/21* 04/08/2021 Igor Lvovich KANEVSKIY 1977 Ivan Yuryevich Zhdanov Vilnius Rally “Free Navalnyy”   St Petersburg   31/01/2021 article 20.2.2 § 1 of CAO Fine of RUB 15,000 St Petersburg City Court 02/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.00 p.m. on 31/01/2021 until 01/02/2021 [1] ;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings [2] ;   Art. 6 (1) - unfair criminal proceedings - various deficiencies of the administrative offence proceedings (no access to a lawyer during detention at the police station) [3] ;   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 applicant’s conviction was based [4] .     43655/21* 07/08/2021 Yelena Sergeyevna PULUDI 2000     Rally “Free Navalnyy”   Kazan   31/01/2021 article 20.2 § 5 of CAO Fine of RUB 10,000 Supreme Court of the Republic of Tatarstan 24/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report between 31/01/2021 and 01/02/2021.     43682/21* 09/08/2021 Andrey Vitalyevich KLIMENKO 1990 Aleksandr Yevgenyevich Pomazuyev Vilnius Rally “Free Navalnyy”   Penza   23/01/2021 article 20.2 § 5 of CAO Fine of RUB 20,000 Penza Regional Court 04/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station on 23/01/2021 for compiling an offence report;   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 applicant’s conviction was based.         43690/21* 06/08/2021 Mikhail Mikhaylovich PRUSAKOV 1996 Ilya Yulyevich Nazarov Moscow Rally “Free Navalnyy”   Moscow   02/02/2021 article 20.2 § 6.1 of CAO Detention for 7 days Moscow City Court 08/02/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.46 p.m. on 02/02/2021 until 5.00 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) - unfair criminal proceedings - various deficiencies of the administrative offence proceedings (impossibility to obtain attendance of witnesses on behalf of the defence) [5] ;   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 [6] .     43739/21* 23/08/2021 Ilshat Rinatovich ZARIPOV 2001 Aleksandr Yevgenyevich Pomazuyev Vilnius Rally “Free Navalnyy”   Kazan   31/01/2021 article 20.2 § 5 of CAO Fine of RUB 10,000 Supreme Court of the Republic of Tatarstan 03/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.50 p.m. on 31/01/2021 until 01/02/2021 (unspecified hour).     43823/21* 26/08/2021 Aleksandra Mikhaylovna ROMANENKO 1990   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   St Petersburg   31/01/2021 article 20.2.2 § 1 of CAO Fine of RUB 10,000 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 1.00 p.m. until 11.30 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 applicant’s conviction was based;   Art. 6 (1) - unfair criminal proceedings - various deficiencies of the administrative offence proceedings (unreasoned judgment).                 44210/21* 24/08/2021 Vladimir Aleksandrovich KUZNETSOV 1995 Varvara Dmitriyevna Mikhaylova St Petersburg Rally “Free Navalnyy”   St Petersburg   31/01/2021 article 20.2.2 § 1 of CAO detention for 8 days St Petersburg City Court 25/02/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1.40 p.m. on 31/01/2021 until 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 applicant’s conviction was based.     46689/21* 31/08/2021 Mark Yulianovich SELITSKIY 1999     Opposition rally   Rostov-on-Don   31/01/2021 article 20.2 § 6.1 of CAO Fine of RUB 10,000 Rostov Regional Court 02/03/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements the applicant’s conviction was based.     47119/21* 04/09/2021 Mariya Yevgenyevna NUYKINA 1999 Tumas Arsenovich Misakyan Moscow Rally to support Sergey Furgal   Khabarovsk   26/12/2020 article 20.2 § 6.1 of CAO Detention for 1 day Khabarovsk Regional Court 12/03/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   46068/22* 08/09/2022 Sergey Aleksandrovich FALALEYEV 1971 Natalya Pavlovna Yermilova Yekaterinburg Protest against war in Ukraine   Yekaterinburg   06/03/2022 article 20.2 § 5 of CAO Fine of RUB 20,000 Sverdlovsk Regional Court 13/07/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.00 p.m. until 8.00 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 applicant’s 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).   46237/22* 11/09/2022 Bulat Konstantinovich NIZAMIYEV 1994 Rim Faridovich Sabirov Kazan Protest against war in Ukraine   Kazan   02/03/2021 article 20.2 § 5 of CAO Fine of RUB 10,000 Supreme Court of the Republic of Tatarstan 11/05/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 7.30 p.m. on 02/03/2022 until 03/03/2021.   47613/22* 17/09/2022 Viktor Vladimirovich KUCHERYAVYY 1951 Irina Vladimirovna Gak Rostov-on-Don Protest against war in Ukraine   Taganrog   05/03/2022 article 20.2 § 2 of CAO Fine of RUB 25,000 Rostov Regional Court 17/05/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 8.00 a.m. until 7.30 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 applicant’s conviction was based;   Art. 6 (1) - unfair criminal proceedings - various deficiencies of the administrative offence proceedings (impossibility to obtain attendance of witnesses on behalf of the defence);   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - overlap of the facts constituting the basis for the applicant’s prosecution in the second set of proceedings (Art. 20.2 § 2 of CAO) with substantially the same facts underlying the applicant’s conviction in the first set of proceedings (Art. 20.3.3 §1 of CAO) [7] .   47986/22* 19/09/2022 Yelena Aleksandrovna KOROSTELEVA 1994 Andrey Yevgenyevich Shchukin Nizhniy Tagil Protest against war in Ukraine   Yekaterinburg   02/03/2022 article 20.2 § 5 of CAO 20 hours of community work Sverdlovsk Regional Court 28/07/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 7.40 p.m. until 11.40 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) - unfair criminal proceedings - various deficiencies of the administrative offence proceedings (no access to a lawyer in appeal review 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 applicant’s conviction was based.   48305/22* 03/10/2022 Mariya Gennadyevna NIKOLAYEVA 1985     Protest against war in Ukraine   Moscow   24/02/2022 article 20.2 § 5 of CAO Fine of RUB 10,000 Moscow City Court 03/08/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 7.15 p.m. on 24/02/2022 until 12.40 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;   Art. 6 (1) - unfair criminal proceedings - various deficiencies of the administrative offence proceedings (no access to a lawyer during detention at the police station);   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 applicant’s conviction was based.   48323/22* 16/09/2022 Galina Aleksandrovna SAKHAREVICH 1992 Yuliya Valeryevna Malinina Moscow Protest against war in Ukraine   Moscow   26/02/2022 article 20.6.1 § 1 of CAO Fine of RUB 30,000 Moscow City Court 07/06/2022 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) - unfair criminal proceedings - various deficiencies of the administrative offence proceedings (lack of time and facilities to prepare the defence, no access to a lawyer in the appeal instance);   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 applicant’s conviction was based.   48346/22* 16/09/2022 Olga Lvovna GORELIK 1981 Oleg Aleksandrovich Yelanchik Moscow Protest against war in Ukraine   Moscow   06/03/2022 article 20.2 § 5 of CAO Fine of RUB 20,000 Moscow City Court 15/08/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.00 p.m. until 8.00 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) - unfair criminal proceedings - various deficiencies of the administrative offence proceedings (absence in the trial);   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 applicant’s conviction was based.   50568/22* 07/10/2022 Anzhelika Sergeyevna KAZANTSEVA 1999     Protest against war in Ukraine   Perm   24/02/2022 article 20.2 § 5 of CAO Fine of RUB 10,000 Perm Regional Court 07/06/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 7.15 p.m. until 11.00 p.m. on 24/02/2022;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   50874/22* 28/09/2022 Marina Dmitriyevna POPOVA 1993 Natalya Andreyevna Baranova Moscow Protest against war in Ukraine   St Petersburg   28/02/2022 article 20.2 § 2 of CAO Fine of RUB 10,000 St Petersburg City Court 31/05/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 8.30 p.m. on 28/02/2022 until 2.30 a.m. on 01/03/2022;   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) - unfair criminal proceedings - various deficiencies of the administrative offence proceedings (no access to a lawyer during detention at the police station);   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 applicant’s conviction was based.   9556/23* 01/02/2023 Lolita Sergeyevna DUBOVIK 1998 Olesya Anatolyevna Vasilchenko Minyar Protest against war in Ukraine   St Petersburg   06/03/2022 article 20.2.2 § 1 of CAO Fine of RUB 10,000 St Petersburg City Court 04/10/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 4.50 p.m. on 06/03/2022 until 4.00 p.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 who arrested the applicant as well as a defence witness (friend S.) about the circumstances of the arrest.   11254/23* 18/02/2022 Andi Nikolayevich ARIPOV 2003     Protest against war in Ukraine   Moscow   06/03/2022 article 20.2 § 5 of CAO Fine of RUB 10,000 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. 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 applicant’s conviction was based.   12065/23* 02/03/2023 Diana Olegovna KOROBEYNIKOVA 1996 Darya Dmitriyevna Aksenova Kolomna Protest against war in Ukraine   Moscow   06/03/2022 article 20.2 § 5 of CAO Fine of RUB 10,000 Moscow City Court 03/11/2022 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 police officers on whose written statements the applicant’s conviction was based.   13077/23* 08/03/2023 Polina Andreyevna BIRYUKOVA 2000     Protest against war in Ukraine   Moscow   24/02/2022 article 20.2 § 5 of CAO Fine of RUB 15,000 Moscow City Court 09/11/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 7.30 p.m. on 24/02/2022 until 1.00 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;   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 applicant’s conviction was based.   14342/23* 03/03/2023 Konstantin Yevgenyevich FROLOV 1997 Vladimir Sergeyevich Nemanov Moscow Protest against war in Ukraine   Moscow   27/03/2022 article 20.2 § 5 of CAO Fine of RUB 10,000 Moscow City Court 13/07/2022 (The administrative case was returned to the first-instance court (the Gagarinskiy District Court in Moscow) and was available in its registry on 3 November 2023 (the applicant submits a copy of the electronic tracking system available on the District Court’s Internet site). The applicant alleges that the appeal decision has never been sent to him and that he could obtain a copy of it only in December 2022, after the case file was returned from the appeal court to the first-instance court.)   Art. 5 (1) - unlawful detention - escorting to the police station on 01/04/2022 and the lack of administrative detention record;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.       16917/23* 07/08/2021 Aleksandr Sergeyevich PULUDI 1987     Rally “Free Navalnyy”   Kazan   31/01/2021 article 20.2 § 5 of CAO Fine of RUB 10,000 Supreme Court of the Republic of Tatarstan 24/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report between 31/01/2021 and 01/02/2021.   [1] 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. [2] Karelin v. Russia , no. 926/08, §§ 58-85, 20 September 2016. [3] Mikhaylova v. Russia , no. 46998/08, § 76-84, 19 November 2015. [4] Schatschaschwili v. Germany [GC], no. 9154/10, §§ 100-31, ECHR 2015, and Murtazaliyeva v. Russia [GC], no. 36658/05, §§ 150-59, 18 December 2018. [5] Kasparov and Others v. Russia (no. 2), no. 51988/07, §§ 48-51, 13 December 2016. [6] Martynyuk v. Russia , no. 13764/15, §§ 38-42, 8 October 2019. [7] Sergey Zolotukhin v. Russia [GC], no. 14939/03, §§ 78-84, ECHR 2009 and A and B v. Norway [GC], nos. 24130/11 and 29758/11, §§ 117-34, 15 November 2016.