CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 7 septembre 2023
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- ECLI:CEDH:001-227937
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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 } .sF7147D91 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:5pt } .sF057D91 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:6pt } Published on 2 October 2023   SECOND SECTION Application no.   16174/19 Mikhail Leonidovich MESTETSKIY against Russia and 29 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 10 § 1 of the Convention relating to disproportionate measures against solo demonstrators which are the subject of well-established case law of the Court (see Novikova and Others v. Russia, nos. 25501/07 and 4 others, 26 April 2016, and Lashmankin and Others v. Russia, nos. 57818/09 and 14 others, 7 February 2017).   APPENDIX – STATEMENT OF FACTS List of applications raising complaints under Article 10 § 1 of the Convention (disproportionate measures against solo demonstrators) No. Application no. Date of introduction Applicant’s name Year of birth Representative’s name and location Location Date Purpose of the demonstration Administrative charges Penalty Final domestic decision Date Name of the court Other relevant information Other complaints under well-established case-law     16174/19* 10/03/2019 Mikhail Leonidovich MESTETSKIY 1980 Karinna Akopovna Moskalenko Strasbourg Moscow, 02/06/2018, Support of O. Sentsov article 20.2 § 5 of CAO, administrative fine of RUB 10,000   10/09/2018   Moscow City Court   Art. 5 (1) - unlawful deprivation of liberty – arrest, escorting to a police station on 02/06/2018 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 the trial the police officers on whose written statements the applicant’s conviction was based.     21833/19* 12/04/2019 Lev Yevgenyevich GYAMMER 2000 Igor Nikolayevich Sholokhov Kazan 1) Novokuznetsk, 09/09/2018, Shouting slogans in support of A. Navalnyy and against the pension reform from the balcony of the applicant’s flat   2) Novokuznetsk, 30/10/2018, Series of solo demonstrations in memory of the victims of political repressions article 20.2 § 2 of CAO, administrative fine of RUB 20,000           article 20.2 § 2 of CAO, administrative fine of RUB 20,000   23/01/2019 Kemerovo Regional Court,             28/01/2019   Kemerovo Regional Court,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of proceedings;     Art. 10 (1) - conviction for making calls to participate in public events – (Elvira Dmitriyeva v. Russia , nos. 60921/17 and 7202/18, §§ 77-90, 30 April 2019) - conviction under art. 20.2 § 2 for making calls to participate in a series of simultaneous solo demonstrations of 30/10/2018 to commemorate the victims of political repressions, "Immortal Gulag", administrative fine of RUB 20,000, final judgment of 28/01/2019 by the Kemerovo Regional Court (the same as cited in respect of the second set of proceedings)     30003/19* 18/05/2019 Pavel Nikolayevich IVANKIN 1983 Anton Sergeyevich Grachev Gatchina   St Petersburg, 15/02/2020, Protest against the constitutional amendments article 20.2 § 8 of CAO,   administrative detention of   5 days St Petersburg City Court, 23/03/2021 rotation - event classified as assembly post facto Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention (i) from 02/11/2018 to 03/11/2018, as administrative suspect; and (ii) on 15/02/2020, for the sole purpose of drawing up a record of administrative offence; and (iii) from 21/04/2021 to 22/04/2021 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 - all sets of proceedings: (i) conviction under article 19.3 § 1 of the CAO, administrative detention of 10 days, final: St Petersburg City Court, 20/11/2018; ii) conviction under article 20.2 § 8 of the CAO in respect of the event of 15/02/2020, administrative detention of 5 days, final: St Petersburg City Court, 23/03/2021; and (iii) conviction under article 20.2.2 § 1 of the CAO in respect of the rally of 21/04/2021, administrative detention of 5 days, final: St Petersburg City Court, 15/07/2021;   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 (three sets of proceedings);   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - (1) in respect of the event on 15/02/2020 - alternatively to Article 10 issue (see , mutatis mutandis, Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-50, 17 April 2018) - arrest, conviction for participation in a series of solo demonstrations held on 15/02/2020 by a group of no less than 90 participants (final judgment of 11/02/2021, St Petersburg City Court); (2) arrest, conviction under article 20.2.2 § 1 of CAO to administrative detention of 5 days for participation in a rally in support of A. Navalnyy on 21/04/2021 in St Petersburg (final judgment of 15/07/2021, St Petersburg City Court);   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 15//07/2020 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.     32307/19 07/06/2019 Yevgeniy Alekseyevich ZHUKOV 1998 Aleksey Vladimirovich Glukhov Novocheboksarsk Kurgan, 24/02/2019, Raising awareness of the consequences of President Putin’s politics for taxpayers (the applicant, wearing a mask of Putin, was distributing leaflets "Pay Taxes") article 20.2 § 8 of CAO, administrative detention of 15 days 10/04/2019, Kurgan Regional Court conviction for hiding face during a public event 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 - both sets of 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 based (final decision by the Kurgan Regional Court on 16/03/2021);     Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - manifestation in support of A. Navalnyy, Kurgan, 31/01/2021 - conviction under art 20.2   §   5 of the CAO, community work of 20 hours, final judgment: 16/03/2021, Kurgan Regional Court;     Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 02/04/2019 was executed immediately, on account of the lack of suspensive effect of the appeal under the CAO.     41196/20* 10/08/2020 Marina Sergeyevna IONOVA 2000 Aleksandr Dmitriyevich Peredruk St Petersburg Kazan,   26/12/2019, Support of a camp against construction of a combustion plant article 20.2 § 2 of CAO,   administrative detention of 8 days 26/02/2020, Supreme Court of the Tatarstan Republic distance requirement - event classified as assembly post facto Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention (i) on 20/02/2020 for the sole purpose of drawing up a record of an administrative offence in respect of the events of 26/12/2019; (ii) between 16/11/2018 and 17/11/2018 as administrative suspect, in connection with prosecution in respect of the rally of 09/09/2018;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - first set of proceedings (final judgment of 26/02/2020);     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 by the Supreme Court of the Republic of Tatarstan of 16/02/2022 was based; raised on appeal; Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - Rally against the pension reform, 09/09/2018, Kazan - arrest, conviction under article 20.2   §   5 of the CAO, fine of RUB 10,000, final judgment by the Supreme Court of the Republic of Tatarstan of 16/02/2022;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 25/02/2020 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.     2872/21* 08/12/2020 Marina Anatolyevna KEN 1975 Varvara Dmitriyevna Mikhaylova St Petersburg St Petersburg, 12/03/2020, Protest against constitutional amendments article 20.2 § 2 of CAO,   administrative fine of RUB 10,000 09/06/2020, St Petersburg City Court distance requirement - event classified as assembly post facto Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention (i) from 12/03/2020 to 13/03/2020 as administrative suspect, and (ii) from 18/07/2020 to 19/07/2020 as administrative suspect, in connection with the rally of 16/07/2020;     Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of 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 the police officers on whose written statements the applicant’s conviction was based (both sets of proceedings);     Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - rally against constitutional amendments, on 16/07/2020, in St Petersburg, conviction under article 20.2 § 8 of CAO, administrative detention of 15 days, final judgment of 24/07/2020, St Petersburg City Court.     10712/21* 08/02/2021 Tatyana Yuryevna USMANOVA 1983 Leonid Alekseyevich Solovyev Moscow Moscow,   01/06/2020, Support of I. Azar article 20.2 § 5 of CAO, administrative fine of RUB 20,000 Moscow City Court, 28/10/2020 rotation - event classified as assembly post facto Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station on 01/06/2020 for the sole purpose of drawing up an administrative offence record (such record drawn up on 10/06/2020 only);   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.     13712/21* 10/02/2021 Dzhulyeta Ramizovna MAGOMEDNABIYEVA 1982 Danil Ilnurovich Nurgaleyev Kazan Kazan, 01/08/2020, Support of S. Furgal article 20.2 § 2 of CAO,   community work of 20 hours 09/09/2020, Supreme Court of the Republic of Tatarstan   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.     17138/21* 12/03/2021 Yekaterina Yevgenyevna SURSYAKOVA 1975 Sergey Yuryevich Tiunov Yekaterinburg (i) Yekaterinburg, 01/08/2020, Support of S. Furgal   (ii) Yekaterinburg, 31/01/2021, Protest against suppression of free political expression and the authorities’ repressive politics;   (iii) Yekaterinburg, 24/02/2022, Anti-war protest (i) article 20.2 § 5 of CAO   administrative fine of RUB 10,000,   (ii) article 20.2 § 8 of CAO, community work, of 200 hours,         (iii) article 20.2-8 of the CAO, administrative fine of RUB 250,000 (i) 11/11/2020, Sverdlovsk Regional Court     (ii) 07/04/2020, Sverdlovsk Regional Court           (iii) 20/04/2022, Sverdlovsk Regional Court rotation - event classified as assembly post facto (the third set of proceedings) Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 31/01/2021 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 - all sets of 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 based (2nd and 3rd sets of proceedings).       23988/21* 13/04/2021 Sergey Sergeyevich TSUKASOV 1968   Memorial Human Rights Centre Moscow Moscow, 29/05/2020,   support of I. Azar article 20.2 § 5 of CAO,   administrative fine of RUB 20,000 14/10/2020 Moscow City Court rotation - event classified as assembly post facto Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention (i) on 29/05/2020 for the sole purpose of drawing up a record of administrative offence (such record only compiled on 03/07/2020); (ii) on 19/03/2021, for compiling an offence record in connection with the event of 31/01/2021 and pending trial, for 6 hours;     Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - the first and the second sets of proceedings, final judgments of 14/10/2020 and 24/03/2021, Moscow City Court);     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 (the first and the second sets of proceedings, final judgments of 14/10/2020 and 24/03/2021, Moscow City Court);     Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - (i) alternatively to Article 10 issue (see, mutatis mutandis, Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-50, 17   April 2018) - arrest, conviction for participation in a series of solo demonstrations held on 29/05/2020 by a group of no less than 25 participants; (ii) conviction under Article 20.2-8 of the CAO, sentence of administrative detention of 5 days for participation in an unauthorised rally in support of A. Navalnyy of 31/01/2021 in Moscow (final judgment: 24/03/2021, Moscow City Court); (iii) conviction under Article 20.2-8 of the CAO, sentence of administrative detention of 10 days for participation in a meeting with MPs on 20/09/2021 in Moscow (final judgment: 29/09/2021, Moscow City Court);     Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant (i) on 19/03/2021 (second set of proceedings concerning the rally of 31/01/2021) and (ii) on 27/09/2021 (third set of proceedings concerning the event of 20/09/2021) was on each of the two occasions executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   49949/21* 17/09/2021 Anatoliy Aleksandrovich CHISTOV 1991 Fedor Yevgenyevich Sirosh Moscow Moscow, Red Square, 18/11/2020, Protest ("performance") against cancellation of New Year celebrations article 20.2 § 5 of CAO,   administrative fine of RUB 10,000   22/03/2021, Moscow City 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.   53091/21 08/10/2021 Mikhail Dmitriyevich MALININ 1992 Aleksandr Dmitriyevich Peredruk St Petersburg Yaroslavl, 18/01/2021, Support of A. Navalnyy article 20.2 § 5 of CAO, administrative fine of RUB 10,000 12/04/2021, Yaroslavl Regional Court ban on public events at certain locations, immediate proximity of a police station Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of 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 the police officers on whose written statements the conviction was based, in proceedings related to the rally of 23/01/2021 (second set of proceedings);   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - Rally "Free Navalnyy", 23/01/2021, conviction under article 20.2 § 5 of CAO, fine of RUB 10,000, Yaroslavl Regional Court, 21/06/2021.   58322/21 05/11/2021 Yana Yuryevna SPATAR 1985 Nikolay Sergeyevich Zboroshenko Mytishchi Moscow, 19/01/2021, Support of A. Navalnyy article 20.2 § 5 of CAO,   administrative fine of RUB 10,000 13/07/2021, Moscow City Court   Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to the police station on 19/01/2021 for the sole purpose to draw 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 the police officers on whose written statements her conviction was based.   27161/22* 05/05/2022 Makar Vladimirovich SOKOLOV 1995 Natalya Andreyevna Baranova Moscow Vologda, 03/09/2021, Protest against the arbitrariness of the police of Vologda article 20.2 § 5 of CAO, administrative fine of RUB 6,000 08/11/2021, Vologda Regional Court ban on public events at certain locations - in the vicinity of the Department of Interior of the Vologda Region     34710/22 11/07/2022 Irina Olegovna SOLODOVA 1985 Anna Yevgenyevna Bochilo Barnaul Volgograd, 24/02/2022, Anti-war protest article 20.2 § 2 of CAO, administrative fine of 20,000 RUB 31/03/2022, Volgograd Regional Court   Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to the police station and detention between 24/02/2022 and 25/02/2022 as administrative suspect, after compiling an offence report;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   35417/22* 11/07/2022 Darya Yuryevna KUCHERENKO 1994 Anna Yevgenyevna Bochilo Barnaul Ufa, 24/02/2022, Anti-war protest article 20.2 § 5 of CAO, administrative fine of RUB 10,000 25/04/2022, Supreme Court of the Bashkortostan Republic   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 the police officers on whose written statements her conviction was based.   39555/22 30/07/2022 Roman Zosimovich ALEKSANDROV 1983 Leonid Leonidovich Krikun St Petersburg St Petersburg, 08/03/2022, Anti-war protest article 20.2 § 2 of CAO,   administrative detention of 5 days 31/03/2022 St Petersburg City Court distance requirement - event classified as assembly post facto Art. 5 (1) - unlawful deprivation of liberty – arrest, escorting to a police station and detention between 08/03/2022 and 09/03/2022 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 the trial police officers on whose written statements his 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 09/03/2022 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   41109/22 12/08/2022 Anastasiya Aleksandrovna ANDRYUSHINA 2001 Vladimir Valeryevich Vasin Krasnoyarsk Krasnoyarsk, 26/02/2022, Anti-war protest article 19.3 § 1 of CAO, administrative fine of RUB 2,000; and article 20.2 § 8 of CAO, administrative fine of RUB 150,000 13/04/2022, Krasnoyarsk Regional Court     13/04/2022 Krasnoyarsk Regional Court   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   41116/22 12/08/2022 Anna Andreyevna SOLOVYEVA 2002 Vladimir Valeryevich Vasin Krasnoyarsk 26/02/2022, Krasnoyarsk, Anti-war protest article 19.3 § 1 of CAO   administrative fine of RUB 2,000; and   article 20.2 § 8 of CAO,   administrative fine of RUB 150,000   13/04/2022, Krasnoyarsk Regional Court     13/04/2022 Krasnoyarsk Regional Court     Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   41434/22 18/08/2022 Alina Romanovna MALYSHEVA 2002 Varvara Dmitriyevna Mikhaylova St Petersburg Smolensk, 17/03/2022, Anti-war protest article 20.2 § 2 of CAO, community work of 20 hours 27/04/2022 Smolensk Regional Court distance requirement - event classified as assembly post facto Art. 5 (1) - unlawful deprivation of liberty - escorting to and detention at the police station between 17/03/2022 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 administrative-offence proceedings;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based.   43065/22* 26/08/2022 Yelizaveta Yevgenyevna PEREKRESTOVA 1993 Stanislav Aleksandrovich Seleznev Samara Elista,   06/03/2022, Anti-war protest article 20.3.3 § 1 of CAO, administrative fine of RUB 30,000 27/04/2022, Supreme Court of the Republic of Kalmykia conviction for discreditation of the Russian army     43151/22* 12/08/2022 Yuliya Igorevna VORONTSOVA 1990 Sergey Sergeyevich Kulikov Nizhniy Novgorod Nizhniy Novgorod, 24/02/2022, Anti-war protest article 20.2 § 6.1 of CAO,   administrative detention of   2 days 13/04/2022, Nizhniy Novgorod Regional Court   Art. 5 (1) - unlawful deprivation of liberty – arrest, escorting to a police station, detention between 24/02/2022 and 25/02/2022 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) - unfair criminal proceedings - various deficiencies of the administrative offence proceedings (no possibility to adduce evidence in support of the applicant’s position).   43533/22 20/08/2022 Mikhail Anatolyevich SLYUSAR 1993 Vladislav Vladimirovich Kosnyrev Syktyvkar Syktyvkar, 27/02/2022, Anti-war protest article 20.2 § 5 of CAO,   administrative fine of RUB 15,000 20/04/2022, Supreme Court of the Komi Republic ban on public events at certain locations - in the vicinity of the court buildings, Stefanovskaya Square of Syktyvkar Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station on 27/02/2022 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.     43594/22* 26/08/2022 Olga Nikolayevna DAVYDOVA 1978     Moscow, 13/03/2022, Anti-war protest (the applicant was arrested when approaching the venue) article 20.3.3 § 1 of CAO, administrative fine of RUB 50,000 26/04/2022, Moscow City Court conviction for discreditation of the Russian army Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 13/03/2022 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.   45190/22* 22/08/2022 Yelena Valentinovna SAFRONOVA 1997     Blagoveshchensk, 26/02/2022, Anti-war protest article 20.6.1 § 1 of CAO,   administrative fine of RUB 1,000 11/05/2022, Amur Regional Court COVID-related ban on public events Art. 5 (1) - unlawful deprivation of liberty – arrest, escorting to the police station on 26/02/2022 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.   46016/22* 17/09/2022 Natalya Vladimirovna SEMENOVA 1997 Anna Yevgenyevna Bochilo Barnaul Cheboksary, 28/02/2022, Anti-war protest article 20.6.1 § 1 of CAO,   administrative fine of RUB 1,000 14/06/2022, Supreme Court of the Republic of Chuvashia COVID-related ban on public events 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.   47795/22 15/09/2022 Ilya Khaimovich MYASKOVSKIY 1971 Sergey Sergeyevich Kulikov Nizhniy Novgorod Nizhniy Novgorod, 19/03/2022, Anti-war protest (the applicant was taking pictures of another person who staged an anti-war solo demonstration) article 20.2 § 5 of CAO,   administrative fine of RUB 10,000 06/07/2022, Nizhniy Novgorod Regional 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 open court police officers on whose written statements the conviction was based, as well as to adduce evidence in support of his account of events (a video footage).   50659/22 23/09/2022 Anush Ivanovna PANINA 1987 Nikifor Yuryevich Ivanov St Petersburg St Petersburg, 02/04/2022, Anti-war protest article 20.2.2 § 1 of the CAO, administrative detention of 10 days; and article 20.3.3 § 1 of the CAO, administrative fine of RUB 40,000 24/05/2022, St Petersburg City Court (two separate final judgments issued on the same date) conviction for discreditation of the Russian army (the second set of proceedings) Art. 5 (1) - unlawful deprivation of liberty – arrest, escorting a police station detention between 02/04/2022 and 03/04/2022 as administrative suspect, pending trial, 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 - both sets of 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 (both sets of proceedings);   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 issue (see, mutatis mutandis, Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-50, 17 April 2018) - arrest, conviction for participation in an unauthorised gathering of 50 persons on 02/04/2022; art 20.2.2 § 1 of the CAO, final judgment: 24/05/2022, St Petersburg City Court;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 03/04/2022 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   51812/22 21/10/2022 Polina Andreyevna BARABASH 2000 Yana Andreyevna Nepovinnova St Petersburg St Petersburg, 02/04/2022, Anti-war protest (the applicant chained herself to a fence and installed a blue and yellow cross and anti-war posters nearby) article 20.3.3 § 1 CAO, administrative fine of RUB 30,000 23/06/2022 St Petersburg City Court conviction for discreditation of the Russian army Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station on 02/04/2022 for a 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.   329/23 29/11/2022 Vladimir Vladimirovich AVDONIN 1992 Aleksey Sergeyevich Lapuzin Samara Samara, 27/02/2022, Anti-war protest article 20.2 § 5 of CAO, administrative fine of RUB 10,000 29/07/2022 Samara Regional Court   rotation - event classified as assembly post facto Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention on 27/02/2022 for the sole purpose of drawing up a record of the administrative offence;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.  Citations
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Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;COMMUNICATEDCASES;ENG
- Date
- 7 septembre 2023
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:001-227937
Données disponibles
- Texte intégral
- Résumé officiel