CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 7 septembre 2023
- ECLI
- ECLI:CEDH:001-227927
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- 7 septembre 2023
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- 7 septembre 2023
droits fondamentauxCEDH
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.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 } .sFF0F7D91 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:4pt } .s5FFF0A72 { margin-top:0pt; margin-bottom:0pt; font-size:4pt } .sF00A2B95 { font-family:Arial; font-size:5.33pt; vertical-align:super } .s5FFF0A7E { margin-top:0pt; margin-bottom:0pt; font-size:8pt } Published on 2 October 2023   THIRD SECTION Application no.   28538/21 Nikolay Valeryevich BIREV against Russia and 22 other applications (see list appended) PROCEDURAL INFORMATION Following a preliminary examination of the admissibility of the applications on 7 September 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     28538/21* 02/06/2021 Nikolay Valeryevich BIREV 1985   Memorial Human Rights Centre Moscow Rally in support of Mr   A. Navalnyy   Moscow 31/01/2021 article 20.2 § 6.1 of CAO fine of RUB 20,000 Moscow City Court 30/03/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 2.22   p.m.   to 8.30 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 - final decision: Moscow City Court, 30/03/2021;   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.     31672/21* 07/06/2021 Roman Igorevich MAKSIMOV 1995 Aleksandr Dmitriyevich Peredruk St Petersburg Rally against rise of public transport ticket price   St Petersburg 10/11/2019   Rally in support of Mr   A. Navalnyy   Velikiy Novgorod 23/01/2021 article 20.2 § 2 of CAO     article 20.2 § 8 of CAO Fine   RUB 20,000     administrative detention of 8 days St   Petersburg City Court 08/12/2020   Novgorod Regional Court 04/02/2021 Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Basmannyy District Court of Moscow, 11/05/2022;   Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3   hours and without “exceptional circumstances”: - from 2.30 p.m. on 29/01/2021 to 10.50 a.m. on 31/01/2021, the hearing in the applicant’s administrative-offence case, - from 4.00 p.m. on 29/04/2021 to 01/05/2021, the hearing in the applicant’s administrative-offence case;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions: St Petersburg City Court, 08/12/2020, and Novgorod Regional Court, 04/02/2021 and 06/05/2021;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - in respect of the proceedings which ended with the decision of 04/02/2021 and with the decision of 06/05/2021; impossibility to provide evidences on an equal footing with the prosecution on account of a refusal of the district court to carry out a linguistic expertise related to the applicant’s calls on the public to participate in an unauthorised public event in support of Mr A. Navalnyy;   Art. 10 (1) - conviction for making calls to participate in public events - calls, on 20/04/2021, to support of Mr A. Navalnyy in a manifestation scheduled for 21/04/2021 in Velikiy Novgorod, conviction under Art. 20.2 § 8 of the CAO, 15   days of administrative detention. Final decision: Novgorod Regional Court, 06/05/2021.     32173/21* 11/06/2021 Aleksey Georgiyevich ZAYTSEV 1982   Memorial Human Rights Centre Moscow Rally in support of Mr   A. Navalnyy   Moscow 31/01/2021 article 20.2 § 6.1 of CAO fine RUB 20,000 Moscow City Court 16/03/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 5.50 p.m. on 31/01/2021 to 9.30 a.m. on 01/02/2021; the applicant spent more than 5 hours in the police van;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 16/03/2021;     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.     35193/21* 18/06/2021 Aleksey Aleksandrovich STEPANOV 2002   Memorial Human Rights Centre Moscow Rally in support to Mr   A. Navalnyy   Moscow 17/01/2021   Rally against the war in Ukraine   Moscow 24/02/2022 article 20.2 § 6.1 of CAO         article 20.2 § 8 of CAO fine of RUB 15,000         administrative detention of 10 days Moscow City Court 14/04/2021       Moscow City Court 04/03/2022 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”: - from 7.45 p.m. on 17/01/2021 to 2.30 a.m. on 18/01/2021, while the said record had only been drawn up on 27/01/2021, - from 7.50 p.m. on 24/02/2022 to 4.55 p.m. on 25/02/2022, hearing in the applicant’s administrative-offence case;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions: Moscow City Court, 14/04/2021 and 04/03/2022;     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 open court police officers on whose written statements the applicant’s convictions were based;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant by the court of first instance was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.       36381/21* 30/06/2021 Aleksandr Viktorovich SHAPOVALOV 1978   Memorial Human Rights Centre Moscow Rally in support to Mr   A. Navalnyy   Moscow 02/02/2021 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 21/05/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 10.30 a.m. to 5.15 p.m. on 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 - final decision: Moscow City Court, 21/05/2021;     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.     36397/21* 25/06/2021 Pavel Pavlovich BORODETSKIY 1981 Andrey Mikhaylovich IVASHEV 1991   Dmitriy Vladimirovich KUDASHEV 1977 Ernest Aleksandrovich Mezak Saint-Barthélemy-d’Anjou Rally in support of Mr   A. Navalnyy   Syktyvkar 31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 for each applicant Supreme Court of the Komi Republic, 31/03/2021, 17/03/2021 and 24/03/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, on 31/01/2021: - from 1.30 p.m. to 9.00 p.m. (1 st applicant), - from 2.00 p.m. to 10.00 p.m. (2 nd applicant), - from 1.25 p.m. to 9.35 p.m. (3 rd applicant);   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions: Supreme Court of the Komi Republic, 31/03/2021, 17/03/2021 and 24/03/2021.     36431/21* 30/06/2021 Oleg Aleksandrovich VTOROY 1995   Memorial Human Rights Centre Moscow Rally in support of Mr   A. Navalnyy   Moscow 02/02/2021 article 20.2 § 6.1 of CAO administrative detention of 9 days Moscow City Court 04/02/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 10.45 p.m. on 02/02/2021 to 2.00 p.m. on 03/02/2021, hearing in the applicant’s administrative-offence case;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 04/02/2021;     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 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.     36452/21* 30/06/2021 Aleksandr Vasylovich AYUPOV 1983   Memorial Human Rights Centre Moscow Rally in support of Mr   A. Navalnyy   Moscow 02/02/2021 article 20.2 § 6.1 of CAO administrative detention of 2   days Moscow City Court 04/02/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 10.40 p.m. on 02/02/2021 to 2.00 p.m. on 03/02/2021, hearing in the applicant’s administrative-offence case;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 04/02/2021;   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.     36455/21 30/06/2021 Ivar Askarovich TUGANBAYEV 2000   Memorial Human Rights Centre Moscow Rally in support of Mr   A. Navalnyy   Moscow 02/02/2021 article 20.2 § 6.1 of CAO administrative detention of 7 days Moscow City Court 30/03/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 11.30 p.m. on 02/02/2021 to 02.20 p.m. on 04/02/2021, hearing in the applicant’s administrative-offence case; the applicant spent over two hours in a police van; he was not released after the record had been compiled;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 30/03/2021;   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 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   36755/21* 13/07/2021 Danil Andreyevich MATVEYEV 2002 Konstantin Aleksandrovich Markin Velikiy Novgorod Rally in support of Mr   A. Navalnyy   Velikiy Novgorod 23/01/2021 article 20.2 § 5 of CAO community works of 20 hours Novgorod Regional Court 04/03/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.50 p.m. to 9.20 p.m. on 23/01/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Novgorod Regional Court, 04/03/2021;   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.   36795/21 05/07/2021 Aleksandr Anatolyevich TIKHUN 1983 Dmitriy Georgiyevich Gerasimov St Petersburg Rally in support of Mr   A. Navalnyy   St Petersburg 31/01/2021 article 20.2 § 2 of CAO administrative detention of 10 days St Petersburg City Court 30/03/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 5.00 p.m. on 31/01/2021 to 01/02/2021, the hearings in the applicant’s administrative-offence case;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: St   Petersburg City Court, 30/03/2021;   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 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   36887/21 05/07/2021 Nikolay Sergeyevich ANDRIYUK 1986 Yuliya Vladimirovna Zatonskaya Lipetsk Rally in support to Mr   A. Navalnyy   Lipetsk 23/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Lipetsk Regional Court 25/02/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.00 p.m. to 11.00 p.m. on 23/01/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Lipetsk Regional Court, 25/02/2021;   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.   36925/21* 05/07/2021 Igor Anatolyevich ZHULIMOV 1962     Rally in support of Mr   A. Navalnyy   Penza 23/01/2021 article 20.2 § 2 of CAO fine of RUB 20,000 Penza Regional Court 17/06/2021 Art. 10 (1) - conviction for making calls to participate in public events - calls, on 19/01/2021, for a rally in support of Mr   A. Navalnyy, scheduled for 23/01/2021 in Penza; administrative conviction under art. 20.2 § 2 of the CAO, fine of RUB 20,000. Final decision: Penza Regional Court, 17/06/2021.   36938/21* 16/07/2021 Danila Alekseyevich KLYUYEV 2000   Memorial Human Rights Centre Moscow Rally in support of Mr   A. Navalnyy   Moscow 23/01/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 30/03/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 1.37 p.m. on 23/01/2021 to 00.10   a.m. on 24/01/2021; the applicant spent more than 5 hours in a police van;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 30/03/2021;   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.   36980/21 16/07/2021 Omar Igorevich KHARCHILAVA 2000   Memorial Human Rights Centre Moscow Rally in support of Mr   A. Navalnyy   Rostov-on-Don 31/01/2021 article 20.2 § 6.1 of CAO fine of RUB 10,000 Rostov Regional Court 07/04/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 2.30 p.m. on 31/01/2021 to 2.00 p.m. 01/02/2021, hearing in the applicant’s administrative-offence case;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Rostov Regional Court, 07/04/2021;   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.   36995/21* 16/07/2021 Anton Aleksanrovich BUYDALIN 1987   Memorial Human Rights Centre Moscow Rally in support to Mr   A. Navalnyy   Moscow 31/01/2021 article 20.2 § 6.1 of CAO administrative detention of   7 days Moscow City Court 18/02/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 12.15   p.m. on 31/01/2021 to 8.30 p.m. on 01/02/2021, hearing in the applicant’s administrative-offence case; he spent 3 hours in a police van;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 18/02/2021;   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 by the court of first instance was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   37668/21 27/06/2021 Daniel Edmundo VERDUGO NOSOV 1992 Anna Yevgenyevna Bochilo Barnaul Rally in support of Mr   A. Navalnyy   Moscow 23/01/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 24/03/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, from 4.30 p.m. to 6.30 p.m. on 23/01/2021, while the said record was drawn up only on 26/01/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 24/03/2021;   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.   37845/21* 09/07/2021 Nikita Ruslanovich STARCHENKOV 1992 Yevgeniy Vyacheslavovich Antokhin Moscow Rally in support to Mr   A. Navalnyy   Moscow 31/01/2021 article 20.2 § 6.1 of CAO administrative detention of 5 days Moscow City Court 10/03/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 10/03/2021;   Art. 5 (1) - unlawful deprivation of liberty - escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.00 p.m. on 31/01/2021 to 02/02/2021, hearing in the applicant’s administrative-offence case;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - 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 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   37871/21* 13/07/2021 Aleksey Yanovich KLIMOVICH 1992 Darya Dmitriyevna Aksenova Kolomna Rally in support of Mr   A. Navalnyy   Moscow 31/01/2021 article 20.2 § 6.1 of CAO administrative detention of 14 days Moscow City Court 12/02/2021 Art. 5 (1) - unlawful deprivation of liberty - escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.00 p.m. on 31/01/2021 to 01/02/2021, hearing in the applicant’s administrative-offence case;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 12/02/2021;   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.   38171/21* 16/07/2021 Oleg Leonidovich KONONENKO 1993   Memorial Human Rights Centre Moscow Rally in support of Mr   A. Navalnyy   Vladivostok 31/01/2021 article 20.2 § 5 of CAO community works of 30 hours Primorye Regional Court 27/04/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 1.30 to 7.10 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 - final decision: Primorye Regional Court, 27/04/2021; 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.   38193/21* 14/07/2021 Aleksandr Sergeyevich ZAKHAROV 1990 Yelena Yuryevna Pershakova Moscow Rally in support of Mr   A. Navalnyy   Moscow 31/01/2021 article 20.2 § 6.1 of CAO administrative detention of 15 days Moscow City Court 03/02/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 5.15 p.m. on 31/01/2021 to 01/02/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 12/02/2021;   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 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   38868/21* 18/07/2021 Yefim Nikolayevich TARASENKO 1992 Darya Dmitriyevna Aksenova Kolomna Rally in support of Mr   A. Navalnyy   Moscow 02/02/2021 article 20.2 § 6.1 of CAO administrative detention of 10 days Moscow City Court 06/04/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 11.40 p.m. on 02/02/2021 to 03/02/2021, hearing in the applicant’s administrative-offence case;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 06/04/2021;   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.   38924/21* 22/07/2021 Anton Yevgenyevich METAKOVSKIY 1992   Memorial Human Rights Centre Moscow Rally in support of Mr   A. Navalnyy   Moscow 31/01/2021 article 20.2 § 6.1 of CAO administrative detention of 13 days Moscow City Court 09/02/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 1.30 p.m. on 31/01/2021 to 1.15 p.m. on 01/02/2021, hearing in the applicant’s administrative-offence case;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 09/02/2021;   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.  Citations
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Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;COMMUNICATEDCASES;ENG
- Date
- 7 septembre 2023
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:001-227927
Données disponibles
- Texte intégral
- Résumé officiel