CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 7 septembre 2023
- ECLI
- ECLI:CEDH:001-227940
- Date
- 7 septembre 2023
- Publication
- 7 septembre 2023
droits fondamentauxCEDH
Source : DILA / Judilibre · open data
Mes notes
privées · visibles par vous seulRésumé structuré
version préliminaireFaits
Non déterminable à partir du texte fourni.
Procédure
Non déterminable à partir du texte fourni.
Question juridique
Non déterminable à partir du texte fourni.
Solution
source officielleCommunicated
Résumé généré automatiquement — à vérifier avec la décision originale.
Analyse IA non disponible
Générez un résumé intelligent de cette décision
Texte intégral
.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s40F41F73 { margin-top:0pt; margin-bottom:0pt; text-align:right } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s34DFC730 { margin-top:0pt; margin-bottom:0pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s54AB6003 { margin-top:66pt; margin-bottom:14pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .sE7C30868 { margin-top:12pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s2D9C6089 { margin-top:12pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .sA36B60A1 { font-family:Arial; font-style:italic } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s4ACA9207 { page-break-before:always; clear:both; mso-break-type:section-break } .s6DB91820 { text-align:center } .s8BB62139 { margin-right:auto; margin-left:auto; border-collapse:collapse } .s3695F815 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top; background-color:#dfdfdf } .sDF237D91 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:8pt } .sEECE831 { font-family:Arial; font-weight:bold; color:#474747 } .sE8934522 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top } .s6B505E72 { margin:0pt; padding-left:0pt } .s4F2ADFDB { text-align:center; font-family:Arial; font-size:8pt; list-style-position:inside } .sBB6163A7 { width:2.48pt; font:7pt 'Times New Roman'; display:inline-block } .sF7147D91 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:5pt } .s5FFF0A7E { margin-top:0pt; margin-bottom:0pt; font-size:8pt } .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   FIRST SECTION Application no.   32174/21 Viktoriya Viktorovna YAKHNOVETS 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 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     32174/21* 11/06/2021 Viktoriya Viktorovna YAKHNOVETS 1966   Memorial Human Rights Centre Moscow Rally in support of Mr A. Navalnyy   Rostov-on-Don 31/01/2021 article 20.2 § 6.1 of CAO administrative detention of 10 days Rostov Regional Court 10/02/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 12.30 p.m. on 31/01/2021 to 5.00 p.m. on 01/02/2021, hearing in the applicant’s administrative-offence case;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Rostov Regional Court, 10/02/2021;   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.     33066/21 04/06/2021 Nikolay Yevgenyevich VOKUYEV 1986 Stanislav Mikhaylovich OKULOV 1984 Ernest Aleksandrovich Mezak Saint-Barthélemy-d’Anjou Rally in support of Mr A. Navalnyy   Syktyvkar 23/01/2021 article 20.2 § 5 of CAO fines of RUB 10,000 for each of the applicants Supreme Court of the Komi Republic, 31/03/2021 (first applicant) and 07/04/2021 (second applicant) Art. 5 (1) - unlawful deprivation of liberty: escorting of the two applicants to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 03.15 to 11.30 p.m. on 23/01/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions: Supreme Court of the Komi Republic, 31/03/2021 and 07/04/2021.     33571/21* 22/06/2021 Valeriya Mikhaylovna IVANOVA 1996 Konstantin Aleksandrovich Markin Velikiy Novgorod Rally in support of Mr A. Navalnyy   Velikiy Novgorod 23/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Novgorod Regional Court 25/02/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Novgorod Regional Court, 25/02/2021;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based.     35257/21* 24/06/2021 Liliya Vasilyevna LOBKO 1940 Vitaliy Dmitriyevich Tykhta Khabarovsk Rally in support of Mr S. Furgal   Khabarovsk 09/11/2020 article 20.2 § 5 of CAO fine of RUB 5,000 Khabarovsk Regional Court 24/12/2020       35379/21 16/06/2021 Aleksey Vladimirovich GRESKO 1974 Dmitriy Igorevich Zakhvatov Moscow Meeting Mr A. Navalnyy at the Vnukovo Airport of Moscow   Moscow 17/01/2021 article 19.3 § 1 of CAO administrative detention of 12 days Moscow City Court 20/02/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 6.10 p.m. to 11.00 p.m. on 17/01/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 20/02/2021;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based.     36383/21* 30/06/2021 Nikita Igorevich CHESNOKOV 1996   Memorial Human Rights Centre Moscow Rally in support of Mr A. Navalnyy   Rostov-on-Don 31/01/2021 article 19.3 § 1 of CAO administrative detention of 3 days Rostov Regional Court 28/04/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 2.00 p.m. on 31/01/2021 to 1.00 p.m. on 01/02/2021, hearing in the applicant’s administrative offence case;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Rostov Regional Court, 28/04/2021;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.     36389/21* 05/07/2021 Valentin Sergeyevich KVASHNIKOV 1978 Aleksey Aleksandrovich Pryanishnikov Tomsk Rally in support of Mr S. Furgal   Khabarovsk 23/07/2020 article 20.2 § 6.1 of CAO fine of RUB 10,000 Khabarovsk Regional Court 21/01/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings – two sets of the proceedings - final decisions: Khabarovsk Regional Court, 21/01/2021 and 04/06/2021.     36506/21* 27/06/2021 Vadim Vyacheslavovich ZUBKOV 1996 Anna Yevgenyevna Bochilo Barnaul Rally in support of Mr A. Navalnyy   Moscow 23/01/2021 article 20.2 § 6.1 of CAO administrative detention of 10 days Moscow City Court 11/02/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 10.00 a.m. on 08/02/2021 for the purpose of participation in the hearing in the applicant’s administrative-offence case 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 - final decision: Moscow City Court, 11/02/2021;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police 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 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.     36792/21 05/07/2021 Mariya Anatolyevna TUMASHOVA 1994 Dmitriy Georgiyevich Gerasimov St Petersburg Rally in support of Mr A. Navalnyy   St Petersburg 31/01/2021 article 20.2.2 § 1 of CAO administrative detention of 10 days St Petersburg City Court 09/02/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 5.00 p.m. to 11.08 p.m. on 31/01/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: St Petersburg City Court, 09/02/2021;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police 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 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   37916/21* 16/07/2021 Olga Alekseyevna KOMOLOVA 1999   Memorial Human Rights Centre Moscow Rally in support of Mr A. Navalnyy   Moscow 02/02/2021 article 20.2 § 6.1 of CAO fine of RUB 15,000 Moscow City Court 14/04/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 11.30 p.m. on 02/02/2021 to 7.50 a.m. on 03/02/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 14/04/2021;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officers on whose written statements the applicant’s conviction was based.   38412/21* 02/07/2021 Dmitriy Vladimirovich VILSHANSKIY 1991   Memorial Human Rights Centre Moscow Rally in support of Mr A. Navalnyy   Moscow 02/02/2021 article 20.2 § 6.1 of CAO administrative detention of 10 days Moscow City Court 12/02/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 11.30 p.m. on 02/02/2021 to 8.30 p.m. on 03/02/2021, hearings in the applicant’s administrative-offence case;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 12/02/2021;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police 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 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   38516/21 14/07/2021 Boris Vladimirovich SARAPULOV 1957 Vyacheslav Sergeyevich Ivanets Tbilisi, Georgia Rally in support of Mr A. Navalnyy   Irkutsk 23/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Irkutsk Regional Court 01/06/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Irkutsk Regional Court, 01/06/2021.   38906/21* 14/07/2021 Artur Igorevich SAYAPIN 1994 Konstantin Vladimirovich Bubon Khabarovsk Rally in support of Mr S. Furgal   Khabarovsk 25/08/2020 article 20.2 § 6.1 of CAO administrative detention of 2 days (enforced), changed later to a fine of RUB 10,000 (not paid) Khabarovsk Regional Court 04/02/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 12.00 p.m. on 04/09/2020 to 10.30 a.m. on 05/09/2020;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the administrative detention was enforced immediately after the decision of the first-instance court on account of the lack of suspensive effect of an appeal under the CAO.   38914/21* 22/07/2021 Yegor Nikolayevich BELOV 1995   Memorial Human Rights Centre Moscow Rally in support of Mr A. Navalnyy   Moscow 23/01/2021 article 20.2 § 6.1 of CAO fine of RUB 20,000 Moscow City Court 19/05/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 1.00 p.m. to 05.00 p.m. on 23/01/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 19/05/2021;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based.   38926/21 19/07/2021 Tatyana Andreyevna ANTONOVA 1998 Dmitriy Georgiyevich Gerasimov St Petersburg Rally in support of Mr A. Navalnyy   St Petersburg 31/01/2021 article 20.2.2 § 1 of CAO administrative detention of 10 days St Petersburg City Court 09/02/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 6.00 p.m. to 11.00 p.m. on 31/01/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: St Petersburg City Court, 09/02/2021;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police 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 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   39896/21* 27/07/2021 Pavel Nikolayevich LUSHAKOV 1998   Memorial Human Rights Centre Moscow Rally in support of Mr A. Navalnyy   Moscow 02/02/2021 article 20.2 § 6.1 of CAO administrative detention of 10 days Moscow City Court 10/02/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from on 11.00 a.m. 02/02/2021 to 08.00 p.m. 03/02/2021, the applicant was not released after the administrative offence record had been compiled;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 10/02/2021;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officers on whose written statements the applicant’s conviction was based;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   40196/21* 27/07/2021 Petr Aleksandrovich MAKAROV 2000 Arkadiy Vitalyevich Shindyapin Moscow Rally in support of Mr A. Navalnyy   Moscow 31/01/2021 article 20.2 § 6.1 of CAO administrative detention of 10 days Moscow City Court 05/02/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 4.25 p.m. on 31/01/2021 to 01/02/2021, hearing in the applicant’s administrative-offence case;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 05/02/2021;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police 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 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   40444/21* 27/07/2021 Sergey Yuryevich AFANASYEV 1965 Arkadiy Vitalyevich Shindyapin Moscow Rally in support of Mr A. Navalnyy   Moscow 31/01/2021 article 20.2 § 6.1 of CAO administrative detention of 10 days Moscow City Court 05/02/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.50 p.m. on 31/01/2021 to 01/02/2021, hearing in the applicant’s administrative-offence case;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 05/02/2021;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officers on whose written statements the applicant’s conviction was based;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   40532/21* 30/07/2021 Aleksandr Vladimirovich SMIRNOV 1990 Aleksandr Yevgenyevich Pomazuyev Vilnius Rally in support of Mr A. Navalnyy   Yaroslavl 31/01/2021 article 20.2 § 2 of CAO administrative detention of 10 days Yaroslavl Regional Court 05/02/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 12.25 p.m. on 31/01/2021 to 01/02/2021, hearing in the applicant’s administrative-offence case;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officers on whose written statements the applicant’s conviction was based.   40877/21 02/08/2021 Klim Dmitriyevich BONDAR 2002 Mariya Olegovna Eysmont Moscow Rally in support of Mr 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: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 5.50 p.m. on 31/01/2021 to 5.00 p.m. on 01/02/2021, hearing in the applicant’s administrative-offence case;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 05/02/2021;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based.   41620/21* 06/08/2021 Sergey Nikolayevich OZEROV 1976 Yelena Yuryevna Pershakova Moscow Rally in support of Mr A. Navalnyy   Moscow 31/01/2021 article 20.2 § 6.1 of CAO administrative detention of 15 days Moscow City Court 12/02/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 12.40 p.m. 31/01/2021 to midnight on 01/02/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 12/02/2021;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police 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 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   42996/21 10/08/2021 Valentina Yevgenyevna VOLKOVA 1978 Andrey Gennadyevich Lepekhin Chelyabinsk Collective recording of a video petition to the US President and the world community regarding the poor ecological conditions in Chelyabinsk   Chelyabinsk 12/12/2020 article 20.2 § 2 of CAO fine of RUB 20,000 Chelyabinsk Regional Court 10/02/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Chelyabinsk Regional Court, 10/02/2021.   43200/21* 11/08/2021 Roman Alekseyevich ZHURAVLEV 1995   Danil Ilnurovich Nurgaleyev Kazan Rally in support of Mr A. Navalnyy   Kazan 23/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Supreme Court of the Tatarstan Republic 10/03/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 4.00 p.m. on 23/01/2021 to 2.30 p.m. on 24/01/2021;   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.   43242/21 09/08/2021 Viktor Yuryevich YEZHOV 1966 Mariya Olegovna Eysmont Moscow Rally in support of Mr A. Navalnyy   Moscow 31/01/2021 article 20.2 § 6.1 of CAO administrative detention of 10 days Moscow City Court 12/02/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 4.00 p.m. on 31/01/2021 to 4.30 p.m. on 01/02/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 12/02/2021;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based.   43501/21* 18/08/2021 Vyacheslav Nikolayevich TITOV 1988 Yelena Yuryevna Pershakova Moscow Rally in support of Mr A. Navalnyy   Moscow 02/02/2021 article 20.2 § 6.1 of CAO administrative detention of 10 days Moscow City Court 24/03/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 11.30 p.m. on 02/02/2021 to 12.00 p.m. on 03/02/2021, hearing in the applicant’s administrative-offence case;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 25/03/2021;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based;   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.   43680/21* 10/08/2021 Vladimir Aleksandrovich LAZAR 1999 Ivan Yuryevich Zhdanov Vilnius Rally in support of Mr A. Navalnyy   Moscow 23/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 04/03/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence, from 4.30 p.m. to an unspecified time on 23/01/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 04/03/2021;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based.   44318/21* 09/08/2021 Rinat Safayevich SALIKHOV 1998   Memorial Human Rights Centre Moscow Rally in support of Mr A. Navalnyy   Moscow 02/02/2021 article 20.2 § 6.1 of CAO administrative detention of 8 days Moscow City Court 10/02/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 11.45 p.m. on 02/02/2021 to 9.15 a.m. on 03/02/2021, hearing in the applicant’s administrative-offence case;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 10/02/2021;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officers on whose written statements the applicant’s conviction was based;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   44678/21* 26/08/2021 Darya Dmitriyevna LEVKINA 1998 Aleksandr Yevgenyevich Pomazuyev Vilnius Rally in support of Mr A.Navalnyy   Kurgan 23/01/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Kurgan Regional Court 17/03/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Kurgan Regional Court, 17/03/2021;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officers on whose written statements the applicant’s conviction was based.   47849/21* 08/09/2021 Yevgeniy Vadimovich ROYZMAN 1962 Yuliya Fedotova Yekaterinburg Rally in support of Mr A. Navalnyy   Yekaterinburg 23/01/2021   Rally in support of Mr A. Navalnyy   Yekaterinburg 31/01/2021   Rally (march) in support of Mr A. Navalnyy   Yekaterinburg 21/04/2021 article 20.2 § 5 of CAO         article 20.2 § 5 of CAO         article 20.2 § 5 of CAO fine of RUB 20,000         fine of RUB 20,000         fine of RUB 20,000 Sverdlovsk Regional Court 20/05/2021       Sverdlovsk Regional Court, 13/05/2021 and 20/05/2021     Sverdlovsk Regional Court 26/05/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions: Sverdlovsk Regional Court, 13/05/2021, 20/05/2021 and 26/05/2021;   Art. 10 (1) - conviction for making calls to participate in public events - calls to participate at two unauthorised public rallies in support to Mr A. Navalnyy, scheduled on 31/01/2021 and on 21/04/2021, under art. 20.2 § 2 of the CAO, administrative detention of 1 day, final decisions: Sverdlovsk Regional Court, 13/05/2021 (both proceedings)   50470/21* 01/10/2021 Vladislav Vladimirovich BASHKINOV 2000 Stanislav Vyacheslavovich Solovyev Moscow Rally in support of Mr A. Navalnyy   Moscow 23/01/2021 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 02/04/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 6.00 p.m. to 10.30 p.m. on 23/01/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 02/04/2021;   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based.  Citations
Aucune citation répertoriée pour cette décision.
Décisions connexes
Aucune décision similaire identifiée pour le moment.
Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;COMMUNICATEDCASES;ENG
- Date
- 7 septembre 2023
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:001-227940
Données disponibles
- Texte intégral
- Résumé officiel