CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 7 septembre 2023
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- ECLI:CEDH:001-227934
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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 } .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 } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .sBA32C63A { margin-top:12pt; margin-bottom:12pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } Published on 2 October 2023   SECOND SECTION Application no.   44630/21 Lyubov Aleksandrovna KOROLKOVA against Russia and 27 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     44630/21* 24/08/2021 Lyubov Aleksandrovna KOROLKOVA 1986 Stanislav Vyacheslavovich Solovyev Moscow Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 02/03/2021 Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 31/01/2021 for compiling administrative offence record and detention at the police station between 4:30 p.m. and 10:30 p.m. on 31/01/2021 - detained for more than three hours after the offence record was drawn up, without any justification;   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 who had drawn an administrative offence record;   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.     44981/21* 03/09/2021 Sergey Aleksandrovich MIKHAYLOV 1992 Ivan Yuryevich Zhdanov Vilnius Rally "Free Navalnyy"   Kazan   31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Supreme Court of the Tatarstan Republic 17/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 1:30 p.m. on 31/01/2021 and 01/02/2021;   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 the trial the police officers on whose written statements the applicant’s conviction was based.     45026/21* 25/08/2021 Anna Anatolyevna MALYGINA 1985 Andrey Yevgenyevcich Shchukin Nizhniy Tagil Opposition rally   Yekaterinburg   23/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Sverdlovsk Regional Court 14/07/2021 Art. 5 (1) – unlawful detention: the applicant was detained for more than three hours after the administrative offence record was drawn up, without any justification (between noon on 31/01/2021 and 3:30 p.m. on the same day);   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 who had drawn up an administrative offence record.     45027/21* 24/08/2021 Nikita Dmitriyevich BOROVKOV 1989 Nikolay Sergeyevich Zboroshenko Mytishchi Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 30/03/2021 Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 31/01/2021 for compiling 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 police officers who had drawn up an administrative offence record.     45028/21* 03/09/2021 Dmitriy Vladimirovich PICHUGIN 1966 Aleksandr Yevgenyevich Pomazuyev Vilnius Rally "Free Navalnyy"   Kurgan   31/01/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Kurgan Regional Court 15/03/2021 Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 31/01/2021 for compiling 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 police officers who had drawn up an administrative arrest offence record.     45030/21* 24/08/2021 Kirill Aleksandrovich LITVINOV 1982 Nikolay Sergeyevich Zboroshenko Mytishchi Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 30/03/2021 Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 31/01/2021 for compiling 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 police officers who had drawn up an administrative offence record.     45031/21* 24/08/2021 Dmitriy Nikolayevich PARKHOMENKO 1990 Nikolay Sergeyevich Zboroshenko Mytishchi Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 30/03/2021 Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 31/01/2021 for compiling 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 police officers who had drawn an administrative offence record.     45035/21* 24/08/2021 Vadim Valeryevich PILYUGIN 1979 Nikolay Sergeyevich Zboroshenko Mytishchi Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 30/03/2021 Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 31/01/2021 for compiling 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 police officers who had drawn up an administrative offence record.     45036/21* 03/09/2021 Vladimir Vyacheslavovich NIKOLAYEV 1962 Aleksandr Yevgenyevich Pomazuyev Moscow Rally "Free Navalnyy"   Tumen   23/01/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Tumen Regional Court 17/03/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 29/01/2021 (six days after the protest action) for compiling 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 police officers who had drawn an administrative offence record.   45039/21* 03/09/2021 Kirill Georgiyevich REPIN 1998 Aleksandr Yevgenyevich Pomazuyev Moscow Rally "Free Navalnyy"   Ulyanovsk   31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Ulyanovsk Regional Court 18/03/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling 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.   45129/21* 17/08/2021 Daniel KRSTEVSKI 1997 Nikolay Sergeyevich Zboroshenko Mytishchi Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 26/04/2021 Art. 5 (1) - unlawful deprivation of liberty - 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) - 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.   45156/21* 17/08/2021 Dmitriy Vyacheslavovich NEKLYUDOV 1986 Nikolay Sergeyevich Zboroshenko Mytishchi Rally "Free Navalnyy"   Moscow   02/02/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 26/04/2021 Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station for compiling an offence record 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,   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.   45170/21* 20/08/2021 Semen Aleksandrovich KOMARCHEV 2000 Georgiy Eduardovich Tevosov Moscow Meeting of "Open Russia" movement   Moscow   13/03/2021 article 20.33 of CAO fine of RUB 15,000 Moscow City Court 21/05/2021 Art. 5 (1) - unlawful deprivation of liberty - escorting to and detention at the police station for compiling an offence record between 10:30 a.m. and about 4:00 p.m. on 13/03/2021.       45172/21* 17/08/2021 Nikita Vyacheslavovich GRISHCHENKOV 1996 Nikolay Sergeyevich Zboroshenko Mytishchi Rally "Free Navalnyy"   Moscow   02/02/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 28/04/2021 Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station for compiling an offence record 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;   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.   45180/21* 17/08/2021 Yegor Alekseyevich ISAYEV 1988 Nikolay Sergeyevich Zboroshenko Mytishchi Rally "Free Navalnyy"   Moscow   02/02/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 16/04/2021 Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station for compiling an offence record 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;   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.   45245/21* 26/08/2021 Vasiliy Aleksandrovich DMITRIYEV 2000 Aleksandr Yevgenyevich Pomazuyev Vilnius Rally "Free Navalnyy"   Kurgan   23/01/2021 article 20.2 § 5 of CAO fine of RUB 20,000 Kurgan Regional Court 16/03/2021 Art. 5 (1) - unlawful deprivation of liberty - escorting to and detention at 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;   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.   26106/22* 04/05/2022 Damir Filaritovich BIKMETOV 1967 Sergey Yuryevich Tiunov Yekaterinburg Opposition rally   Yekaterinburg   11/09/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Sverdlovsk Regional Court 08/12/2021 Art. 5 (1) - unlawful detention - escorting to and detention for compiling an offence record on 11/09/2021;   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) (c) - unfair criminal proceedings due to lack of legal representation - lawyer not allowed in the hearing;   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.   33761/22* 06/07/2022 Vladimir Nikolayevich BORETS 1972 Oksana Vladimirovna Preobrazhenskaya Strasbourg 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 2:30 p.m. on 06/03/2022 and 9:00 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 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.   34153/22* 06/07/2022 Ivan Amiranovich ARCHVADZE 1992 Oksana Vladimirovna Preobrazhenskaya Strasbourg 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 4:00 p.m. on 06/03/2022 and 6:45 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 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.   35626/22* 05/07/2022 Dmitriy Aleksandrovich ROZHKOV 1987 Sergey Yuryevich Tiunov Yekaterinburg Anti-war rally   Yekaterinburg   24/02/2022 article 20.2 § 2 of CAO detention for 9 days Sverdlovsk Regional Court 05/03/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 4:55 p.m. on 24/02/2022 and 1:10 p.m. on 25/02/2022;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.   37485/22* 10/07/2022 Aleksandr Andreyevich VALOV 1995     Anti-war rally   St Petersburg   27/02/2022 article 20.2.2 § 1 of CAO detention for 10 days St Petersburg City Court 10/03/2022 Art. 5 (1) - unlawful detention - escorting to the police station on 27/02/2022 for compiling administrative offence record and detention between 5:30 p.m. on 27/02/2022 and 4:00 p.m. on 01/03/2022;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - 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;   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.   39217/22* 27/07/2022 Darya Nikolayevna YEMELYANOVA 2002     Anti-war rally   St Petersburg   27/02/2022 article 20.2.2 § 1 of CAO fine of RUB 15,000 St Petersburg City Court 29/03/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 6.00 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;   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.   40943/22* 07/08/2022 Yevgeniya Aleksandrovna NISHTA 2003 Roman Olegovich Zaytsev Volgograd Anti-war rally   Volgograd   06/03/2022 article 20.2 § 5 of CAO fine of RUB 10,000 Volgograd Regional Court 09/04/2022 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 applicant’s conviction was based;   Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record on 06/03/2022.   44070/22 19/08/2022 Valeriya Anatolyevna GAVRILOVA 2001 Roman Olegovich Zaytsev Volgograd Anti-war rally   Volgograd   06/03/2022 article 20.2 § 5 of CAO fine of RUB 10,000 Volgograd Regional Court 19/04/2022 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record on 06/03/2022;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.   44623/22 20/08/2022 Valeriya Sergeyevna SABLUKOVA 2001     Anti-war rally   Nizhniy Novgorod   06/03/2022 article 20.2 § 6.1 of CAO fine of RUB 10,000 Nizhniy Novgorod Regional Court 21/04/2022 Art. 5 (1) - unlawful deprivation of liberty - escorting to and detention at the police station for compiling an offence record between 3:10 p.m. on 06/03/2022 and 1:20 p.m. on 07/03/2022;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based;   Art. 6 (1) - lack of fair hearing - refusal of the court (without providing reasons) to grant the applicant’s request to adduce evidence in support of the applicant’s account of events.   45173/22 27/08/2022 Maryana Alekseyevna SAMOKHVALOVA 1995     Anti-war rally   St Petersburg   03/03/2022 article 20.2.2 § 1 of CAO fine of RUB 10,000 St Petersburg City Court 28/04/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 8:05 p.m. on 03/03/2022 and 6:30 p.m. on 04/03/2022,   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 applicant’s conviction was based.   45174/22* 05/09/2022 Ivan Aleksandrovich PESTEREV 2001 Natalya Pavlovna Yermilova Yekaterinburg Anti-war rally   Yekaterinburg   06/03/2022 article 20.2 § 5 of CAO fine of RUB 15,000 Sverdlovsk Regional Court 29/06/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 2:10 p.m. and 9:00 p.m. on 06/03/2022;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.   45195/22* 03/09/2022 Denis Andreyevich KONVISAREV 2002     Anti-war rally   Moscow   27/02/2022 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 11/07/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 7:44 p.m. on 27/02/2022 and 0:38 a.m. on 28/02/2022;   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) - lack of fair hearing - refusal of the court to grant the applicant’s request to adduce evidence in support of the applicant’s account of events;   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.    Citations
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Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;COMMUNICATEDCASES;ENG
- Date
- 7 septembre 2023
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:001-227934
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- Texte intégral
- Résumé officiel