CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 7 septembre 2023
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- ECLI:CEDH:001-227933
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- 7 septembre 2023
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- 7 septembre 2023
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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 } .s3A357E38 { text-align:center; page-break-inside:avoid; page-break-after:avoid; font-family:Arial; font-size:8pt; list-style-position:inside } .s1DE04BC { margin-top:0pt; margin-bottom:0pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:8pt } Published on 2 October 2023   SECOND SECTION Application no.   41138/18 Daniel Telmanovich KURAKIN against Russia and 33 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     41138/18* 14/08/2018 Daniel Telmanovich KURAKIN 1990     Opposition rally   Volgograd 28/01/2018   Rally in support of A. Navalnyy   Volgograd 31/01/2021 article 20.2 §   5 of CAO         article 20.2 §   5 of CAO fine of RUB 10,000         fine of RUB 10,000 Volgograd Regional Court 21/02/2018       Volgograd Regional Court 03/03/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention (i) on 28/01/2018, for the sole purpose of drawing up a record of administrative offence; (ii) on 31/01/2021 for the same purpose; (iii) between 18/03/2022 and 19/03/2022 as administrative suspect;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of the administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officers on whose written statements the convictions were based (all the three sets of proceedings);   Art. 10 (1) - disproportionate measures against solo demonstrators - arrest, conviction for discreditation of the Russian military and repeated breach of the procedure for conduct of public events under Articles 20.3.3   §   1 and Article 20.2   §   8 of the CAO, administrative detention of 15 days, on account of the applicant’s anti-war solo demonstration held on 18/03/2022 in Volgograd (final judgment issued by the Volgograd Regional Court on 22/03/2022)     11354/20 07/02/2020 Aleksandr Andreyevich MELNIKOV 1993   Memorial Human Rights Centre Moscow Rally for fair elections (alleged solo demonstration right near the public gathering venue)   Moscow 27/07/2019 article 20.2 §   5 of CAO fine of RUB 15,000 Moscow City Court 06/09/2019 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 27/07/2019, in excess of three hours, for the sole purpose of drawing up a record of administrative offence, delayed transfer to the police station;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine police officers on whose written statements the conviction was based.       29164/20* 18/06/2020 Tatyana Aleksandrovna TRETYAKOVA 1969 Ernest Aleksandrovich Mezak Saint-Barthélemy-d’Anjou Event against a waste dump construction in Shiyes, collecting funds to pay an administrative fine   Pomozdino, the Komi Republic 04/07/2019 article 20.2 §   2 of CAO fine of RUB 10,000 Supreme Court of the Komi Republic 18/09/2019 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station on 04/07/2019 for the sole purpose of drawing up the offence record;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.     36963/21* 30/06/2021 Dmitriy Romanovich DEMCHUK 1998 Anna Yevgenyevna Bochilo Barnaul Rally in support of A. Navalnyy   Moscow 23/01/2021 article 20.2 §   5 of CAO fine of RUB 10,000 Moscow City Court 11/05/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 23/01/2021 for the sole purpose of drawing up a record of administrative offence (such record only compiled on 25/01/2021).     36971/21* 16/07/2021 Sergey Nikolayevich BORISOV 1986   Memorial Human Rights Centre Moscow Rally in support of A. Navalnyy   Moscow 31/01/2021 article 20.2 §   5 of CAO fine of RUB 15,000 Moscow City Court 30/03/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 31/01/2021 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;     Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based and to submit evidence, including video recordings, in defence of the applicant’s version of events on an equal footing with the prosecution.     37174/21* 06/07/2021 Irina Nikolayevna YOVZHIY 1988 Yelena Viktorovna Kurochko Vologda Rally in support of   A. Navalnyy   Vologda 31/01/2021 article 20.2 §   5 of CAO community work of 25 hours Vologda Regional Court 26/05/2021       37219/21 08/07/2021 Vitaliy Pavlovich DEREVYASHKIN 1998 Sergey Mikhaylovich Shimovolos Nizhniy Novgorod Rally in support of A. Navalnyy   Nizhniy Novgorod 31/01/2021 article 20.2 §   5 of CAO fine of RUB 10,000 Nizhniy Novgorod Regional Court 20/05/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention on 31/01/2021 in excess of three hours for the sole purpose of drawing up an administrative 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 open court police officer on whose written statements the applicant’s conviction was based.     37847/21* 09/07/2021 Yeva Nikolayevna SOKOLOVA 1988 Yevgeniy Vyacheslavovich Antokhin Moscow Rally in support of A. Navalnyy   Moscow 31/01/2021 article 20.2 §   6.1 of CAO administrative detention of 3 days Moscow City Court 10/03/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention between 31/01/2021 and 02/02/2021 as administrative suspect pending trial, and after the offence record was compiled;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based; raised on appeal;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant on 02/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.     37912/21 16/07/2021 Aleksandr Yuryevich VLASOV 1982   Memorial Human Rights Centre Moscow Rally in support of A. Navalnyy   Moscow 02/02/2021 article 20.2 §   6.1 of CAO administrative detention of 12 days Moscow City Court 09/02/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention between 02/02/2021 and 03/02/2021 as administrative suspect;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officers on whose statements the conviction was based; as well as refusals to adduce video- and photo evidence;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 03/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   38167/21* 16/07/2021 Sergey Vladimirovich IVANOV 1992   Memorial Human Rights Centre Moscow Rally in support of A. Navalnyy   Kazan 31/01/2021 article 20.2 §   5 of CAO fine of RUB 10,000 Supreme Court of the Tatarstan Republic 05/05/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect.   38173/21* 16/07/2021 Tit Nikolayevich MIKHAYLOV 1985   Memorial Human Rights Centre Moscow Rally in support of A. Navalnyy   Moscow 23/01/2021 article 20.2 §   5 of CAO fine of RUB 15,000 Moscow City Court 19/05/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 23/01/2021, in excess of three hours, for the sole purpose of drawing up 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 police officers on whose written statements the conviction was based.   38189/21* 16/07/2021 Oleg Valeryevich VLASOV 1987   Memorial Human Rights Centre Moscow Rally in support of A. Navalnyy   Moscow 31/01/2021 article 20.2 §   6.1 of CAO fine of RUB 10,000 Moscow City Court 30/03/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 31/01/2021 for the sole purpose of drawing up a record of administrative offence;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   38190/21* 14/07/2021 Petr Aleksandrovich IVANOV 1990 Yelena Yuryevna Pershakova Moscow Rally in support of A. Navalnyy   Astrakhan 23/01/2021 article 20.2 §   5 of CAO fine of RUB 10,000 Astrakhan Regional Court 19/02/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 30/01/2021 in excess of 3 hours for the sole purpose of drawing up an administrative offence record in respect of the participation in the rally of 23/01/2021;     Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   38355/21* 02/07/2021 Kirill Yevgenyevich ZUYEVSKIY 1979   Memorial Human Rights Centre Moscow Rally in support of A. Navalnyy   Moscow 31/01/2021 article 20.2 §   5 of CAO fine of RUB 10,000 Moscow City Court 17/05/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 31/01/2021 for the sole purpose of drawing a record of administrative offence;     Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based.   38942/21* 22/07/2021 Ali Khadiyevich AL-VASITI 1989   Memorial Human Rights Centre Moscow Rally in support of A. Navalnyy   Moscow 31/01/2021 article 20.2 §   5 of CAO fine of RUB 10,000 Moscow City Court 17/05/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention on 31/01/2021 for the sole purpose of drawing a record of administrative offence;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based and to submit evidence, including video recordings, in defence of the applicant’s version of events on an equal footing with the prosecution.   38946/21* 02/07/2021 Ivan Petrovich RYGAYEV 1975   Memorial Human Rights Centre Moscow Rally in support of A. Navalnyy   Moscow 31/01/2021 article 20.2 §   6.1 of CAO administrative detention of 12 days Moscow City Court 11/02/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station between 31/01/2021 and 01/02/2021 as administrative suspect;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officers on whose written statements the applicant’s conviction was based;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 01/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   39225/21* 28/07/2021 Igor Vyacheslavovich SHKARIN 1989   Memorial Human Rights Centre Moscow Rally in support of A. Navalnyy   Moscow 02/02/2021 article 20.2 §   6.1 of CAO administrative detention of 10 days Moscow City Court 09/02/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention between 00.15 a.m. on 03/02/2021 and 04/02/2021 as administrative suspect, pending trial;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based;     Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant by the first-instance court was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   39233/21* 28/07/2021 Aleksandr Anatolyevich FOMINOV 1987   Memorial Human Rights Centre Moscow Rally in support of A. Navalnyy   Moscow 31/01/2021 article 20.2 §   6.1 of CAO administrative detention of 10 days Moscow City Court 09/02/2021 Art. 5 (1) - unlawful deprivation of liberty – arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;     Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant on 01/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   39255/21* 28/07/2021 Erik Arshakovich GISHYAN 1995   Memorial Human Rights Centre Moscow Rally in support of A. Navalnyy   Moscow 31/01/2021 article 20.2 §   6.1 of CAO administrative detention of 8 days Moscow City Court 12/03/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and overnight detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based;     Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 01/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   39342/21* 22/07/2021 Vasiliy Alekseyevich MAKSIMOV 1994   Memorial Human Rights Centre Moscow Rally in support of A. Navalnyy   Moscow 31/01/2021 article 20.2 §   6.1 of CAO administrative detention of 10 days Moscow City Court 11/05/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention between 31/01/2021 and 02/02/2021 as administrative suspect, pending trial, and after the offence record was compiled;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 02/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   39553/21* 29/07/2021 Valentin Aleksandrovich FEDKIN 1977 Mariya Olegovna Eysmont Moscow Rally in support of A. Navalnyy   Moscow 31/01/2021 article 20.2 §   6.1 of CAO administrative detention of 6 days Moscow City Court 05/02/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial, and after the offence record was compiled;   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 a court room the police officers on whose written statements the conviction was based.   39723/21 28/07/2021 Rail Insharovich SHARAFUTDINOV 1994   Memorial Human Rights Centre Moscow Rally in support of A. Navalnyy Moscow 23/01/2021 article 20.2 §   5 of CAO fine of RUB 15,000 Moscow City Court 22/03/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 23/01/2021 for the sole purpose of drawing up a record of administrative offence;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;     Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based.   39803/21* 27/07/2021 Nikita Nikolayevich MOLODORYA 2002   Memorial Human Rights Centre Moscow Rally in support of A. Navalnyy   Moscow 31/01/2021 article 20.2 §   6.1 of CAO administrative detention of 10 days Moscow City Court 03/02/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial, and after the offence record was compiled;     Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based;     Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 01/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   39873/21* 29/07/2021 Yuriy Vladimirovich YEPANECHNIKOV 2002 Mariya Olegovna Eysmont Moscow Rally in support of A. Navalnyy   Moscow 31/01/2021 article 20.2 §   6.1 of CAO administrative detention of 8   days   Moscow City Court 05/02/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial, and after the offence record was compiled;   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 - impossibility to cross-examine police officers on whose statements the applicant’s conviction was based.   39884/21* 27/07/2021 Aleksandr Sergeyevich MINKOV 1988   Memorial Human Rights Centre Moscow Rally in support of A. Navalnyy   St Petersburg 31/01/2021 article 20.2 §   6.1 of CAO administrative detention of 10 days St Petersburg City Court 09/03/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial, and after the offence record was compiled;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officers on whose written statements the applicant’s conviction was based;     Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 01/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   39892/21* 27/07/2021 Irina Viktorovna GARMAKOVA 1968   Memorial Human Rights Centre Moscow Rally in support of N. Platoshkin   Moscow 25/07/2020 article 20.2 §   5 of CAO fine of RUB 20,000 Moscow City Court 28/01/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to a police station on 25/07/2020, in excess of three hours, for the sole purpose of drawing up a record of administrative offence (such record only compiled on 05/08/2020);   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 statements the applicant’s conviction was based.   39895/21* 27/07/2021 Arina Aleksandrovna PAN 1999   Memorial Human Rights Centre Moscow Rally in support of A. Navalnyy   Moscow 02/02/2021 article 20.2 §   6.1 of CAO administrative detention of 10 days Moscow City Court 09/02/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention between 02/02/2021 to 03/02/2021 as administrative suspect, pending trial, and after the offence record was compiled;     Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officers on whose written statements the applicant’s conviction was based;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 03/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   40056/21* 27/07/2021 Vasiliy Borisovich MOKIN 1993   Memorial Human Rights Centre Moscow Rally in support of A. Navalnyy   Moscow 23/01/2021 article 20.2 §   6.1 of CAO administrative detention of 10 days Moscow City Court 28/01/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 25/01/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   40058/21* 27/07/2021 Aleksandr Borisovich MOKIN 1996   Memorial Human Rights Centre Moscow Rally in support of A. Navalnyy   Moscow 23/01/2021 article 20.2 §   6.1 of CAO administrative detention of 10 days Moscow City Court 28/01/2021 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 open court police officers on whose written statements the applicant’s conviction was based; Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 25/01/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   40062/21* 27/07/2021 Daniil Svyatoslavovich OLEYNIK 1996   Memorial Human Rights Centre Moscow Rally in support of A. Navalnyy   Moscow 31/01/2021 article 20.2 §   6.1 of CAO administrative detention of 7 days Moscow City Court 03/02/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officers on whose written statements the conviction was made;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 01/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   40159/21 21/07/2021 Dmitriy Yuryevich ZARUBIN 1988 Leonid Alekseyevich Solovyev Moscow Rally in support of A. Navalnyy   Moscow 23/01/2021 article 20.2 §   5 of CAO community work of 35 hours Moscow City Court 12/03/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 23/01/2021, in excess of three hours, for the sole purpose of drawing up a record of administrative offence;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officers on whose written statements the applicant’s conviction was based.   40164/21 21/07/2021 Daniil Yevgenyevich SHATRAVIN 2000 Leonid Alekseyevich Solovyev Moscow Rally in support of A. Navalnyy   Moscow 23/01/2021 article 20.2 §   5 of CAO fine of RUB 15,000 Moscow City Court 28/04/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 23/01/2021 for the sole purpose of drawing up a record of administrative offence (such record only compiled 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;   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 statements the applicant’s conviction was based.   40181/21 21/07/2021 Artem Vladimirovich VLASOV 1994 Leonid Alekseyevich Solovyev Moscow Rally in support of A. Navalnyy   Moscow 23/01/2021 article 20.2 §   5 of CAO community work of 35   hours Moscow City Court 28/04/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention on 23/01/2021 in excess of 3 hours for the sole purpose of drawing up an administrative offence record (such record only compiled 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;   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.   38020/22* 06/07/2022 Olga Valeryevna DEMIDOVA 1989 Rushan Rafisovich Kabirov Kazan Anti-war rally   Kazan 27/02/2022 article 20.2 §   5 of CAO fine of RUB 5,000 Supreme Court of the Republic of Tatarstan 27/04/2022 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 27/02/2022 for the sole purpose of drawing up a record of administrative offence.  Citations
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Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;COMMUNICATEDCASES;ENG
- Date
- 7 septembre 2023
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:001-227933
Données disponibles
- Texte intégral
- Résumé officiel