CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 29 juin 2023
- ECLI
- ECLI:CEDH:001-226168
- Date
- 29 juin 2023
- Publication
- 29 juin 2023
droits fondamentauxCEDH
Source : DILA / Judilibre · open data
Mes notes
privées · visibles par vous seulRésumé structuré
version préliminaireFaits
Non déterminable à partir du texte fourni.
Procédure
Non déterminable à partir du texte fourni.
Question juridique
Non déterminable à partir du texte fourni.
Solution
source officielleCommunicated
Résumé généré automatiquement — à vérifier avec la décision originale.
Analyse IA non disponible
Générez un résumé intelligent de cette décision
Texte intégral
.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 } .s5FFF0A7E { margin-top:0pt; margin-bottom:0pt; font-size:8pt } .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 } Published on 24 July 2023   THIRD SECTION Application no.   44105/21 Vladimir Dmitriyevich DORONIN against Russia and 34 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     44105/21 30/08/2021 Vladimir Dmitriyevich DORONIN 1991   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Volgograd   31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Volgograd Regional Court 04/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 1:30 p.m. and 9:00 p.m. on 31/01/2021 [1] ;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings [2] .     44254/21 24/08/2021 Aleksandr Sergeyevich NABIYEV 1996   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   St Petersburg   31/01/2021 article 20.2.2 § 1 of CAO detention for 4 days St Petersburg City Court 25/02/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence record between 3:20 p.m. on 31/01/2021 and 5:10 p.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 the police officers on whose written statements the conviction was based [3] ;   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] .     44369/21 12/08/2021 Yevgeniy Olegovich TIKHONOV 2000 Aleksey Vladimirovich Glukhov Novocheboksarsk Rally "Free Navalnyy"   Cheboksary   23/01/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Supreme Court of Chuvashia 26/03/2021 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 the police officers on whose written statements the conviction was based.     44373/21 12/08/2021 Artem Aleksandrovich MAKAROV 1989 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 Chuvashia 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 - inability to cross-examine in the trial the police officers on whose written statements the conviction was based.       44380/21 12/08/2021 Ivan Igorevich KUZNETSOV 1995 Aleksey Vladimirovich Glukhov Novocheboksarsk Rally "Free Navalnyy"   Cheboksary   23/01/2021 article 20.2 § 5 of CAO fine of RUB 12,000 Supreme Court of Chuvashia 15/04/2021 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 the police officers on whose written statements the conviction was based.     44383/21 12/08/2021 Aleksey Dmitriyevich MAKSIMOV 2001 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 Chuvashia 23/03/2021 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 the police officers on whose written statements the conviction was based.     44425/21 17/08/2021 Aleksandr Ivanovich DYAKOV 1988 Stanislav Vyacheslavovich Solovyev Moscow Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 § 6.1 of CAO fine of RUB 20,000 Moscow City Court 18/02/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence record between 4:10 p.m. on 31/01/2021 and 02/02/2021;   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 the police officers on whose written statements the conviction was based.     44668/21 12/08/2021 Aleksandr Andreyevich KUDRYASHOV 1993 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 Chuvashia 04/05/2021 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 the police officers on whose written statements the conviction was based.     44693/21 12/08/2021 Arkadiy Nikolayevich MITROSHKIN 2021 Aleksey Vladimirovich Glukhov Novocheboksarsk Rally "Free Navalnyy"   Cheboksary   23/01/2021 article 20.2 § 5 of CAO fine of   RUB 12,000 Supreme Court of Chuvashia 06/04/2021 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 the police officers on whose written statements the conviction was based.   44699/21 12/08/2021 Pavel Vadimovich PETROV 2001 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 Chuvashia 06/04/2021 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 the police officers on whose written statements the conviction was based.   44706/21 12/08/2021 Anzhelika Nikolayevna ROMANOVA 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 Chuvashia 31/03/2021 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 the police officers on whose written statements the conviction was based.   44967/21 18/08/2021 Svetlana Mikhaylovna KRIVITSKAYA 1972 Nikolay Vladimirovich Vasilyev Moscow Eco-protest   Moscow   27/09/2020 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 18/02/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   45001/21 20/08/2021 Darya Dmitriyevna VIKULOVA 1997 Vladimir Vladimirovich Krasikov Samara Rally "Free Navalnyy"   Samara   31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Samara Regional Court 18/05/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence record;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   45022/21 03/09/2021 Pavel Sergeyevich LEVITSKIY 1986 Ivan Yuryevich Zhdanov Vilnius Rally "Free Navalnyy"   Kurgan   23/01/2021 article 20.2 § 5 of CAO 20 hours of community work Kurgan Regional Court 17/03/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 for compiling an offence record;   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 the police officers on whose written statements the conviction was based.   45056/21 25/08/2021 Aleksandra Aleksandrovna SHNAYDER 2000     Rally "Free Navalnyy"   Novosibirsk   23/01/2021 article 20.2 § 2 of CAO detention for 8 days Novosibirsk Regional Court 25/02/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station between 6:00 p.m. and 9:50 p.m. on 23/01/2021 for compiling an offence record;   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 the police officers on whose written statements the conviction was based;   Prot. 7 Art. 2 - Right of appeal against criminal conviction/sentence - 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.   45121/21 17/08/2021 Darya Yevgenyevna SHEVCHENKO 1993 Aleksandr Dmitriyevich Peredruk St Petersburg Rally "Free Navalnyy"   St Petersburg   31/01/2021 article 20.2 § 6.1 of CAO detention for 12 days St Petersburg City Court 18/02/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 4:30 p.m. on 31/01/2021 and noon 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 the police officers on whose written statements the conviction was based;   Prot. 7 Art. 2 - Right of appeal against criminal conviction/sentence - 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.   45255/21 30/08/2021 Inna Vyacheslavovna TITOVA 1985 Vladimir Valeryevich Vasin Krasnoyarsk Rally "Free Navalnyy"   Krasnoyarsk   31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Krasnoyarsk Regional Court 13/05/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record 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) - lack of fair hearing - refusal to allow evidence in support of the applicant’s account of events (photographs from the protest venue) [5] .   45264/21 30/08/2021 Marina Yuryevna KADETOVA 1996 Vladimir Valeryevich Vasin Krasnoyarsk Rally "Free Navalnyy"   Krasnoyarsk   31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Krasnoyarsk Regional Court 19/04/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record 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) - lack of fair hearing - refusal to allow evidence in support of the applicant’s account of events (photographs from the protest venue).   45271/21 30/08/2021 Pavel Olegovich GERASIMENKO 2001 Vladimir Valeryevich Vasin Krasnoyarsk Rally "Free Navalnyy"   Krasnoyarsk   31/01/2021     article 20.2 § 5 of CAO fine of RUB 10,000 Krasnoyarsk Regional Court 13/05/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record 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.   45276/21 30/08/2021 Valentina Mikhaylovna VESNYANKO 1999 Vladimir Valeryevich Vasin Krasnoyarsk Rally "Free Navalnyy"   Krasnoyarsk   23/01/2021 article 20.2 § 5 of CAO fine of RUB 20,000 Krasnoyarsk Regional Court 03/06/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record 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.   46593/21 31/08/2021 Yana Aleksandrovna ZENKINA 1993   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Tambov   23/01/2021 article 20.2 § 2 of CAO fine of RUB 20,000 Tambov Regional Court 01/03/2021 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 the police officers on whose written statements the conviction was based;   Art. 6 (1) - lack of fair hearing - refusal of the court to order linguistic forensic examination.   47098/21 16/09/2021 Vladislav Andreyevich LYGIN 1998   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Volgograd   23/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Volgograd Regional Court 17/03/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record 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.   47146/21 07/09/2021 Stanislav Vladimirovich MERENKOV 1991   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 § 6.1 of CAO detention for 10 days Moscow City Court 18/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 1:20 p.m. on 31/01/2021 and 7:30 p.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 the police officers on whose written statements the conviction was based;   Prot. 7 Art. 2 - Right of appeal against criminal conviction/sentence - 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.   47239/21 16/09/2021 Khasana Aleksandrovna ROKOSSOVSKAYA 2000   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Murmansk   30/01/2021 article 20.2 § 2 of CAO fine of RUB 10,000 Murmansk Regional Court 09/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 8:00 a.m. on 30/01/2021 and 7:00 p.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.   28736/22 24/05/2022 Aleksey Igorevich NEFEDOV 1976     Rally "Free Navalnyy"   Novosibirsk   31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Novosibirsk Regional Court 24/11/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 1:20 p.m. and 6:00 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 the police officers on whose written statements the conviction was based.   30801/22 09/06/2022 Gleb Yuryevich LEVOCHKIN 1992     Rally "Free Navalnyy"   Moscow   21/04/2021 article 20.2 § 6.1 of CAO fine of RUB 10,000 Moscow City Court 09/02/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence record between 7:30 p.m. on 24/02/2021 and 4:00 p.m. on 26/04/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   32624/22 09/06/2022 Anastasiya Georgiyevna TAYNS-KOVALEVSKAYA 1995     Rally "Free Navalnyy"   Moscow   21/04/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 09/12/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   34676/22 29/06/2022 Konstantin Vladimirovich SMIRNOV 2003 Sergey Aleksandrovich Loktev St Petersburg Rally "Free Navalnyy"   St Petersburg   21/04/2022 article 20.2.2 § 1 of CAO fine of RUB 15,000 St Petersburg City Court 10/03/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence record between 10:40 p.m. on 21/04/2022 and 22/04/2022;   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 the police officers on whose written statements the conviction was based.   35521/22 29/06/2022 Konstantin Sergeyevich MAKLYAK 1990 Aleksey Alekseyevich Levchenko Rostov-on-Don Anti-war rally   Rostov-on-Don   06/03/2022 article 19.3 § 1 of CAO detention for 15 days Rostov Regional Court 18/03/2022 Art. 5 (1) – unlawful detention - escorting to and detention at the police station for compiling an offence record between 3:20 p.m. on 06/03/2022 and 8:10 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 the 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.   35532/22 29/06/2022 Olesya Igorevna BAKHTIYAROVA 2003 Aleksey Alekseyevich Levchenko Rostov-on-Don Anti-war rally   Rostov-on-Don   06/03/2022 article 19.3 § 1 of CAO detention for 15 days Rostov Regional Court 10/03/2022 Art. 5 (1) – unlawful detention - escorting to and detention at the police station for compiling an offence record between 3:20 p.m. on 06/03/2022 and 10:00 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 the 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.   36163/22 01/07/2022 Tatyana Vladimirovna CHECHETKINA 1991 Rushan Rafisovich Kabirov Kazan Anti-war rally   Kazan   27/02/2022 article 20.2 § 5 of CAO fine of RUB 10,000 Supreme Court of Tatarstan 27/04/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 4:00 p.m. on 27/02/2022 and the morning of 28/02/2022 when the applicant was transferred to the court;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   36231/22 01/07/2022 Maksim Vladimirovich MURUGIN 1994 Aleksey Alekseyevich Levchenko Rostov-on-Don Anti-war rally   Rostov-on-Don   06/03/2022 article 19.3 § 1 of CAO detention for 15 days Sverdlovsk Regional Court 18/03/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 6:10 p.m. on 06/03/2022 and the morning of 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 the 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.   37668/22 25/07/2022 Anna Aleksandrovna AFANASYEVA 1994 Andrey Veniaminovich Chertkov St Petersburg Anti-war rally   St Petersburg   02/03/2022 article 20.2.2 § 1 of CAO fine of RUB 10,000 St Petersburg City Court 05/04/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 8:00 p.m. on 02/03/2023 and 3:00 p.m. on 03/03/2022,   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 the police officers on whose written statements the applicant’s conviction was based.   37790/22 22/07/2022 Alena Aleksandrovna PARFENOVA 2003 Anastasiya Vladimirovna Pilipenko St Petersburg Anti-war rally   St Petersburg   06/03/2022 article 20.2.2 § 1 of CAO detention for 5 days St Petersburg City Court 22/03/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 06/03/2022 and 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 the 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.   45186/22 06/09/2022 Vakhtang Anatolyevich PATALAKH 1977     Anti-war rally   Moscow   26/02/2022 article 20.2 § 5 of CAO fine of RUB 11,000 Moscow City Court 11/05/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 5:40 p.m. and 10:56 p.m. on 26/02/2022;   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 the police officers on whose written statements the conviction was based.   [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] Schatschaschwili v. Germany [GC], no. 9154/10, §§ 100-31, ECHR 2015, and Murtazaliyeva v. Russia [GC], no. 36658/05, §§ 150-59, 18 December 2018. [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.Citations
Aucune citation répertoriée pour cette décision.
Décisions connexes
Aucune décision similaire identifiée pour le moment.
Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;COMMUNICATEDCASES;ENG
- Date
- 29 juin 2023
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:001-226168
Données disponibles
- Texte intégral
- Résumé officiel