CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 7 septembre 2023
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- ECLI:CEDH:001-227941
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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 } .s5FFF0A7E { margin-top:0pt; margin-bottom:0pt; font-size:8pt } Published on 2 October 2023   FIRST SECTION Application no.   50067/18 Georgiy Andreyevich BORODIN against Russia and 39 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     50067/18* 10/10/2018 Georgiy Andreyevich BORODIN 1998 Ivan Yuryevich Zhdanov Vilnius Manifestation against Putin’s re-election   Voronezh   05/05/2018 article 20.2 § 5 of CAO Fine of RUB 10,000 Voronezh Regional Court 04/07/2018 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 the conviction was based,   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - overlap of the facts constituting the basis for the applicant’s prosecution in the second set of proceedings which ended on 04/07/2018 (Art. 20.2 § 5 of CAO) with substantially the same facts underlying his conviction in the first set of proceedings which ended on 21/06/2018 (Art. 19.3 § 1 of CAO) (complaint raised under Art.7 of the Convention)     26536/21 30/04/2021 Kseniya Alekseyevna PAKHOMOVA 1994 Leonid Alekseyevich Solovyev Moscow Manifestation to support A. Navalnyy   Pokrov   06/04/2021 article 20.2.2 § 3 of CAO Detention for 9 days Vladimir Regional Court 14/04/2021 Art. 5 (1) - unlawful detention - (i) escorting to and detention at the police station for compiling an offence report from 4.00 p.m. on 06/04/2021 until the hearing in the first-instance court on 07/04/2021; (ii) escorting to the police station on 25/04/2021,   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 the 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 the conviction was based (proceedings ended on 14/04/2021),   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentences of administrative detention imposed on the applicant (both sets of the proceedings) were executed immediately, on account of the lack of suspensive effect of an appeal under the CAO,   Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 21/04/2021 in Moscow, Article 20.2 § 2 of CAO, detention for 10 days, final decision Moscow City Court 29/04/2021     49537/21* 16/09/2021 Nina Aleksandrovna RESHETILOVA 1970 Nikolay Sergeyevich Zboroshenko Mytishchi Rally against construction works in Mitino Park   Moscow   27/09/2020 article 20.2 § 5 of CAO Fine of RUB 10,000 Moscow City Court 22/03/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 21/04/2021 in Moscow, Article 20.2 § 8 of CAO, detention for 15 days, final decision Moscow City Court 26/04/2021,   Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report on 22/04/2021,   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 the trial police officers on whose written statements the conviction was based (proceedings ended on 26/04/2021)     51178/21* 08/10/2021 Maksim Vyacheslavovich PAYELOV 1987 Ivan Yuryevich Zhdanov Vilnius Rally “Free Navalnyy”   Moscow   23/01/2021     article 20.2 § 5 of CAO   article 20.2 § 8 of CAO Fine of RUB 10,000   Fine of RUB 150,000 Moscow City Court 14/04/2021   Moscow City Court 25/08/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report (i) from 3.00 p.m. until 7.30   p.m. on 23/01/2021; (ii) on 11/05/2021,   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 administrative 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 the conviction was based (both sets of the proceedings),   Art. 6 (1) - unfair criminal proceedings - various shortcomings in the administrative offence proceedings (no access to a lawyer during detention at the police station) – both sets of the proceedings     51346/21* 18/09/2021 Darya Andreyevna UDACHINA 2001 Nikolay Sergeyevich Zboroshenko Mytishchi Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 § 5 of CAO Fine of RUB 15,000 Moscow City Court 17/06/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report 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 police officers on whose written statements the conviction was based         51913/21* 08/10/2021 Maksim Igorevich CHERKASOV 1986 Ivan Yuryevich Zhdanov Vilnius Rally to support Navalnyy   Tambov   12/03/2021 article 20.2 § 6.1 of CAO Detention for 6 days Tambov Regional Court 26/05/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements the conviction was based – both sets of the proceedings,   Art. 6 (1) - unfair criminal proceedings - various shortcomings in the administrative offence proceedings (no access to a lawyer during detention at the police station) – both sets of the proceedings,   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - overlap of the facts constituting the basis for the applicant’s prosecution in the second set of proceedings ended on 28/06/2021 (Art. 20.2 § 2 of CAO) with substantially the same facts underlying his conviction in the first set of proceedings ended on 26/05/2021 (Art. 20.2 § 6.1 of CAO),   Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 31/01/2021 in Tambov, Article 20.2 § 2 of CAO, detention for 7 days, final decision Tambov Regional Court 28/06/2021     54830/21* 29/10/2021 Olga Aleksandrovna KARTAVTSEVA 1980 Ivan Yuryevich Zhdanov Vilnius Rally “Free Navalnyy”   Omsk   31/01/2021 article 20.2 § 5 of CAO Fine of RUB 10,000 Omsk Regional Court 11/05/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.20 p.m. until 3.00 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,   Art. 6 (1) - unfair criminal proceedings - various shortcomings in the administrative offence proceedings (no access to a lawyer during detention at the police station)     54934/21* 27/10/2021 Konstantin Valentinovich POKHILCHUK 1996 Daniil Aleksandrovich Semenov St Petersburg Opposition gathering   St Petersburg   22/06/2020 article 20.2 § 5 of CAO Fine of RUB 10,000 St Petersburg City Court 27/04/2021 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 police officers on whose written statements the conviction was based           56688/21 02/11/2021 Alipat Magomedovna SULTANBEGOVA 1991 Feliks Yevgenyevich Vertegel Krasnodar Rally “Free Navalnyy”   Krasnodar   23/01/2021 article 20.2 § 5 of CAO Fine of RUB 10,000 Krasnodar Regional Court 05/05/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report: (i) from 5.30 p.m. until 11.00 p.m. on 23/01/2021; (ii) from 6.30 p.m. on 19/04/2021 until 7.00 p.m. on 20/04/2021,   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 administrative 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 the conviction was based (both sets of administrative proceedings),   Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 21/04/2021 in Krasnodar, Article 20.2 § 2 of CAO, detention for 10 days, final decision Krasnodar Regional Court 09/08/2021,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant (proceedings ended on 09/08/2021) was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO   56883/21* 31/10/2021 Alina Dmitriyevna MACHULSKAYA 1991 Nikolay Sergeyevich Zboroshenko Mytishchi Forum of independent local elected representative   Moscow   13/03/2021 article 20.33 of CAO Fine of RUB 15,000 Izmaylovskiy District Court in Moscow 21/05/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 10.30 a.m. until 6.00 p.m. on 13/03/2021,   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 the trial police officers on whose written statements the conviction was based   57098/21* 08/11/2021 Sergey Yevgenyevich VDOVIN 1969 Nikolay Sergeyevich Zboroshenko Mytishchi Forum of independent local elected representatives   Moscow   13/03/2021       article 20.33 of CAO Fine of RUB 15,000 Izmaylovskiy District Court in Moscow 18/05/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 10.30 a.m. until 3.30 p.m. on 13/03/2021,   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 the trial police officers on whose written statements the conviction was based   57102/21* 08/11/2021 Dmitriy Igorevich GOLIKOV 1983 Nikolay Sergeyevich Zboroshenko Mytishchi Forum of independent local elected representatives   Moscow   13/03/2021 article 20.33 of CAO Fine of RUB 15,000 Izmaylovskiy District Court in Moscow 25/05/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1.00 p.m. until 4.30 p.m. on 13/03/2021,   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 the trial police officers on whose written statements the conviction was based   57633/21* 07/11/2021 Maksudzhon Mashrabovich KOMILOV 1990 Nikolay Sergeyevich Zboroshenko Mytishchi Gathering in front of Tadjik Embassy   Moscow   02/04/2021 article 20.2 § 5 of CAO Fine of RUB 10,000 Moscow City Court 13/07/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report on 02/04/2021,   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 police officers on whose written statements the conviction was based   61502/21 19/11/2021 Vladislav Vladimirovich BAYKOV 1995 Kseniya Andreyevna KOCHERGO 1997   Natalya Aleksandrovna Nechiporenko Moscow Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 § 5 of CAO Fine of RUB 15,000 Moscow City Court 19/05/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.22 p.m. until 11.20 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,   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 the conviction was based   323/22* 08/12/2021 Timofey Viktorovich ANDRONOV 1996 Ivan Yuryevich Zhdanov Vilnius Rally “Free Navalnyy”   Volgograd   31/01/2021 article 20.2 § 5 of CAO Fine of RUB 10,000 Volgograd Regional Court 21/07/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1.20 p.m. until 8.00 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,   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 the conviction was based   1414/22* 30/12/2021 Aleksandr Vasilyevich POPOV 1979 Ivan Yuryevich Zhdanov Vilnius Rally “Free Navalnyy”   Yaroslavl   31/01/2021 article 20.2 § 5 of CAO Fine of RUB 10,000 Yaroslavl Regional Court 08/09/2021 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) (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 the conviction was based   2791/22* 30/12/2021 Zhanna Yevgenyevna VAGINA 1972 Ivan Yuryevich Zhdanov Vilnius Rally to support A. Navalnyy   Polyarniye Zori   21/04/2021 article 20.2 § 5 of CAO Fine of RUB 10,000 Murmansk Regional Court 23/07/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements the convictions were based in both sets of the proceedings,   Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 21/04/2021 in Polyarniye Zori, Article 20.2 § 2 of CAO, fine of RUB 20,000, final decision Murmansk Regional Court 23/07/2021   2825/22* 30/12/2021 Nikolay Pavlovich PRIBYLOV 1979 Ivan Yuryevich Zhdanov Vilnius Rally to support A. Navalnyy   Polyarniye Zori   21/04/2021 article 20.2 § 5 of CAO Fine of RUB 10,000 Murmansk Regional Court 13/08/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings,   Art. 6 (1) - unfair criminal proceedings - inability to cross-examine in the trial police officers on whose written statements the conviction was based in both sets of the proceedings,   Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 21/04/2021 in Polyarniye Zori, Article 20.2 § 2 of CAO, fine of RUB 20,000, final decision Murmansk Regional Court 13/08/2021   3298/22 30/12/2021 Aleksandr Vasilyevich POPOV 1979 Ivan Yuryevich Zhdanov Vilnius Rally “Free Navalnyy”   Yaroslavl   23/01/2021 article 20.2 § 5 of CAO Fine of RUB 10,000 Yaroslavl Regional Court 20/07/2021 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 police officers on whose written statements the conviction was based   3951/22 21/12/2021 Andrey Sergeyevich VOROBYEV 1988 Ilya Valeryevich Tkachenko Gatchina Rally “Free Navalnyy”   St Petersburg   31/01/2021 article 20.2 § 6.1 of CAO Fine of   RUB 15,000 St Petersburg City Court 22/06/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for 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,   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 the conviction was based,   Art. 6 (1) - unfair criminal proceedings - various deficiencies of the administrative offence proceedings (unreasoned judgment)   4130/22* 24/12/2021 Yana Vladimirovna BELYAYEVA 2000   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Krasnoyarsk   31/01/2021 article 20.2 § 5 of CAO Fine of RUB 5,000 Krasnoyarsk Regional Court 24/06/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station from 1.20 p.m. until 5.20 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 - absence of the prosecutor in the appeal instance   4182/22 23/12/2021 Emiliya Sergeyevna ALEKSEYEVA 1989   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   St Petersburg   31/01/2021 article 20.2.2 § 1 of CAO Fine of RUB 10,000 St Petersburg City Court 24/06/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.58 p.m. until 10.10 p.m. on 31/01/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   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 the conviction was based   4226/22 18/12/2021 Yelena Georgiyevna MURGANOVA 1988 Aleksandr Dmitriyevich Peredruk St Petersburg Opposition gathering   St Petersburg   18/06/2020 article 20.2 § 5 of CAO Fine of RUB 10,000 St Petersburg City Court 01/07/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.42 p.m. until 6.41 p.m. on 18/06/2020,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements the conviction was based   4324/22 22/12/2021 Viktor Anatolyevich GORBOKON 1968 Veronika Yuryevna Karagodina St Petersburg Rally “Free Navalnyy”   St Petersburg   23/01/2021 article 8.6.1 § 2 of St Petersburg Administrative Offences Act Fine of RUB 4,000 Oktyabrskiy District Court in St Petersburg 01/07/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.20 p.m. until 10.00 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,   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 the conviction was based   4597/22 24/12/2021 Andrey Pavlovich SYCHEV 1988 Kseniya Dmitriyevna Prosvirkina Moscow Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 § 6.1 of CAO Fine of RUB 15,000 Moscow City Court 15/09/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.52 p.m. on 31/01/2021 until 12.50 a.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   4625/22 24/12/2021 Yevgeniy Aleksandrovich OVCHINNIKOV 2002 Kseniya Dmitriyevna Prosvirkina Moscow Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 § 6.1 of CAO Fine of RUB 10,000 Moscow City Court 29/06/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.05 p.m. on 31/01/2021 until 5.20 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,   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 the conviction was based   4766/22 24/12/2021 Denis Anatolyevich GETMAN 1987 Yekaterina Viktorovna Gerasimova St Petersburg Opposition gathering   St Petersburg   22/06/2020 article 20.2 § 5 of CAO Fine of RUB 10,000 St Petersburg City Court 06/07/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.49 p.m. until 9.49 p.m. on 22/06/2021,   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 police officers on whose written statements the conviction was based   7502/22 30/12/2021 Andrey Andreyevich NOVOKRESHCHENNYKH 1987 Vladimir Valeryevich Vasin Krasnoyarsk Rally “Free Navalnyy”   Krasnoyarsk   31/01/2021 article 20.2 § 5 of CAO Fine of RUB 10,000 Krasnoyarsk Regional Court 15/07/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.50 p.m. until 4.02 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   7538/22* 24/01/2022 Farit Zufarovih SHARAFUTDINOV 1988 Yelena Yuryevna Pershakova Moscow Rally “Free Navalnyy”   Moscow   02/02/2021 article 20.2 § 5 of CAO Fine of RUB 10,000 Moscow City Court 29/07/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from approximately 11.00 a.m. until 8.00 p.m. on 02/02/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   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 the conviction was based,   Art. 6 (1) - unfair criminal proceedings - various shortcomings in the administrative offence proceedings (no access to a lawyer during detention at the police station)       7631/22* 18/01/2022 Naum Isayevich GURALNIK 1934 Nikolay Sergeyevich Zboroshenko Mytishchi Forum of independent local elected representatives   Moscow   13/03/2021 article 20.33 of CAO Fine of RUB 15,000 Izmaylovskiy District Court in Moscow 22/07/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 10.00 a.m. until 11.00 p.m. on 13/03/2021   7733/22 13/01/2022 Olga Anatolyevna NIKOLAYEVA 1986   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Tver   21/04/2021 article 20.2 § 5 of CAO Fine of RUB 12,000 Tver Regional Court 21/07/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 7.05 p.m. until 8.25 p.m. on 21/04/2021,   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 police officers on whose written statements the conviction was based,   Art. 6 (1) - unfair criminal proceedings - various shortcomings in the administrative offence proceedings (absence at the first instance hearing and absence at the appeal hearing due to lack of notification)   7746/22* 13/01/2022 Mariya Mikhaylovna SHCHETININA 2000   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 § 5 of CAO Fine of RUB 15,000 Moscow City Court 15/07/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.00 p.m. on 31/01/2021 until 2.35 a.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,   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 the conviction was based   7769/22* 13/01/2022 Sergey Olegovich LEBEDEV 1988   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   St Petersburg   31/01/2021 article 20.2.2 § 1 of CAO Fine of RUB 10,000 St Petersburg City Court 20/07/2021 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 police officers on whose written statements the conviction was based   8030/22* 14/01/2022 Sofya Olegovna MEDVEDEVA 1995 Aleksandr Vasilyevich Popkov Sochi Rally “Free Navalnyy”   Sochi   23/01/2021 article 20.2 § 6.1 of CAO Fine of RUB 19,000 Krasnodar Regional Court 11/08/2021 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) - unfair criminal proceedings - various deficiencies of the administrative offence proceedings (lack of time and facilities to prepare the defence, unreasoned judgment)   8097/22 15/01/2022 Yelena Borisovna FERDMAN 1980 Roman Yevgenyevich Kachanov Yekaterinburg Rally “Free Navalnyy”   Ekaterinburg   23/01/2021 article 20.2 § 5 of CAO Fine of RUB 15,000 Sverdlovsk Regional Court 21/07/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   8100/22* 14/01/2022 Valentin Vladimirovich YAKUNIN 1967 Olimpiada Valentinovna Usanova Nizhniy Novgorod Rally “Free Navalnyy”   Nizhniy Novgorod   31/01/2021 article 20.2 § 5 of CAO Fine of RUB 10,000 Nizhniy Novgorod Regional Court 14/07/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.40 p.m. until 6.40 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,   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 the conviction was based   8245/22* 29/01/2022 Anastasiya Arnoldovna MOISEYEVA 2003 Konstantin Aleksandrovich Markin Velikiy Novgorod Rally “Free Navalnyy”   Novgorod   21/04/2021 article 20.2 § 5 of CAO Fine of RUB 5,000 Novgorod Regional Court 12/08/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 5 (1) - unlawful detention - escorting to and detention at the police station from 8.00 p.m. until 10.10 p.m. on 21/04/2021,   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 the trial police officers on whose written statements the conviction was based   27426/22* 17/05/2022 Polina Pavlovna BASHUROVA 1998 Mariya Sergeyevna Zyryanova St Petersburg Gathering on occasion of International Day for the Elimination of Violence against Women   St Petersburg   25/11/2021   article 20.2 § 2 of CAO Fine of RUB 20,000 St Petersburg City Court 18/01/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 8.15 p.m. on 25/11/2021 until the hearing in the first-instance court on 27/11/2021,   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 police officers on whose written statements the conviction was based   32097/22* 31/05/2022 Mikhail Grigoryevich FEDOROV 1972 Sergey Viktorovich Podolskiy St Petersburg Protest against war in Ukraine   St Petersburg   06/03/2022 Protest against war in Ukraine   St Petersburg   13/03/2022 article 20.2 § 6.1 of CAO         article 20.2 § 6.1 of CAO Fine of RUB 10,000         detention for 5 days St Petersburg City Court 09/06/2022       St Petersburg City Court 17/03/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report: (i) first set of proceedings - from 1.50 p.m. on 06/03/2022 until 1.30 a.m. on 07/03/2022; (ii) second set of proceedings - from 2.30 p.m. on 13/03/2022 until the hearing in the first-instance court on 14/03/2022,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements the conviction was based in both sets of the proceedings,   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   45432/22* 26/08/2022 Arina Sergeyevna ZABOLOTSKIKH 2002 Rim Faridovich Sabirov Kazan Protest against war in Ukraine   Kazan   06/03/2022 article 20.2 § 5 of CAO Fine of RUB 10,000 Supreme Court of the Republic of Tatarstan 27/04/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report: (i) first set of proceedings - from 2.05 p.m. on 06/03/2022 until the hearing in the first-instance court on 07/03/2022; (ii) second set of proceedings - from 3.50 p.m. on 15/03/2022 until the hearing in the first-instance court on the same day,   Art. 10 (1) - conviction for the display of slogans/banners/other symbols by participants in public events - displaying banner, Art. 20.3.3 § 1 of CAO, fine of RUB 30,000, Supreme Court of the Republic of Tatarstan, 25/05/2022  Citations
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Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;COMMUNICATEDCASES;ENG
- Date
- 7 septembre 2023
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:001-227941
Données disponibles
- Texte intégral
- Résumé officiel