CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 5 octobre 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 30 October 2023   SECOND SECTION Application no.   44147/21 Yuliya Aleksandrovna POGORELOVA against Russia and 27 other applications (see list appended) PROCEDURAL INFORMATION Following a preliminary examination of the admissibility of the applications on 5 October 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     44147/21* 30/08/2021 Yuliya Aleksandrovna POGORELOVA 1994   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Tambov   31/01/2021 article 20.2 §   6.1 of CAO detention for 6   days Tambov Regional Court 01/03/2021 Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 31/01/2021 for compiling administrative offence record and detention at the police station between 1:20 p.m. on 31/01/2021 and 4:40 p.m. on 01/02/2021 - detained for more than three hours after the offence record was drawn up, without any justification,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Prot. 7 Art. 2 - Right of appeal against criminal conviction/sentence - 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     44501/21* 11/08/2021 Andrey Aleksandrovich RUMYANTSEV 1994   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow   02/02/2021 article 20.2 §   6.1 of CAO detention for 12   days Moscow City Court 11/02/2021 Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 02/02/2021 for compiling administrative offence record and detention at the police station between 11:20 p.m. on 02/02/2021 and 7:00 p.m. on 03/03/2021 - detained for more than three hours after the offence record was drawn up, without any justification (Tsevtkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018),   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO     44514/21* 17/08/2021 Aleksandr Alekseyevich PUSHIN 1996   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow   02/02/2021 article 20.2 §   6.1 of CAO detention for 7   days Moscow City Court 05/02/2021 (received by the applicant on 02/06/2021)   Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 02/02/2021 for compiling administrative offence record and detention at the police station between 10:30 p.m. on 02/02/2021 and 4:30 p.m. on 03/02/2021 - detained for more than three hours after the offence record was drawn up, without any justification,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - Refusal to summon witness for the defence,   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     44580/21* 27/08/2021 Alisher Khakimbekovich BEKNAZAROV 1985 Yelena Yuryevna Pershakova Moscow Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 §   6.1 of CAO fine of RUB   10,000 Moscow City Court 06/04/2021 Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 31/01/2021 for compiling administrative offence record and detention at the police station between 3:30 p.m. on 31/01/2021 and 12:35 p.m. on 02/02/2021 - detained for more than three hours after the offence record was drawn up, without any justification,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - Inability to cross-examine police officers who had drawn an administrative offence record     44794/21* 27/08/2021 Lev Borisovich NIKOLSKIY 1998 Yelena Yuryevna Pershakova Moscow Rally "Free Navalnyy"   Moscow   02/02/2021 article 20.2 §   6.1 of CAO fine of RUB   10,000 Moscow City Court 24/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 11.30 p.m. on 02/02/2021 and 9:50 a.m. om 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,   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     44807/21* 27/08/2021 Veniamin Sergeyevich ORLYANSKIY 1981 Yelena Yuryevna Pershakova Moscow Rally "Free Navalnyy"   Moscow   02/02/2021 article 20.2 §   6.1 of CAO detention for 5   days Moscow City Court 30/03/2021 Art. 5 (1) - unlawful deprivation of liberty - escorting to and detention at the police station for compiling an offence record between 11.30 p.m. on 02/02/2021 and 9:15   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,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO     44883/21* 25/07/2021 Pavel Grigoryevich YAKUSHIN 1995 Darya Dmitriyevna Aksenova Kolomna Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 §   6.1 of CAO detention for 6   days Moscow City Court 06/04/2021 Art. 5 (1) - unlawful deprivation of liberty - escorting to and detention at the police station for compiling an offence record between 2:00 p.m. on 31/01/2021 and the morning of 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 the police officers on whose written statements the applicant’s conviction was based.     44892/21* 12/08/2021 Kirill Vladimirovich ALESHIN 1994   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 §   6.1 of CAO detention for 12   days Moscow City Court 19/05/2021 Art. 5 (1) - unlawful deprivation of liberty - escorting to and detention at the police station for compiling an offence record between 1:15 p.m. on 31/01/2021 and 2:30   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 the police officers on whose written statements the applicant’s conviction was based,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.     44906/21* 12/08/2021 Darya Andreyevna ZIMINA 1996   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow   02/02/2021 article 20.2 §   6.1 of CAO detention for 15   days Moscow City Court 12/02/2021 Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 02/02/2021 for compiling administrative offence record and detention at the police station between 11:05 p.m. on 02/02/2021 and 7:00 p.m. on 03/02/2021 - detained for more than three hours after the offence record was drawn up, without any justification,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - Inability to cross-examine police officers who had drawn an administrative offence record and refusal of the court to summon witnesses for defence,   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   44910/21* 12/08/2021 Nikita Sergeyevich KARPENKO 1995   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow   02/02/2021 article 20.2 §   6.1 of CAO detention for 10   days Moscow City Court 12/02/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 11.00 p.m. on 02/02/2021 and 5:00 p.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,   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 and refusal to summon witnesses for defence K. and Z.;   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   44979/21* 30/08/2021 Dmitriy Gennadyevich NAUMOV 1987 Yelena Yuryevna Pershakova Moscow Rally "Free Navalnyy"   Moscow   02/02/2021 article 20.2 §   6.1 of CAO detention for 10   days Moscow City Court 06/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 11.00 p.m. on 02/02/2021 and 9:00 a.m. on 03/02/2021,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based,   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   44988/21* 11/08/2021 Yegor Aleksandrovich IVANOV 2002 Danil Ilnurovich Nurgaleyev Kazan Rally "Free Navalnyy"   Kazan   23/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Supreme Court of the Tatarstan Republic 28/04/2021 Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 23/01/2021 for compiling administrative offence record,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) and Art. 6 (3) (c) - lack of fair hearing in view of the refusal to appoint a lawyer for the applicant or to allow him to retain his own counsel   45020/21* 11/08/2021 Aleksey Leonidovich BRAYNIN 1973 Danil Ilnurovich Nurgaleyev Kazan Rally "Free Navalnyy"   Kazan   23/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Supreme Court of the Tatarstan Republic 14/04/2021 Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 23/01/2021 for compiling administrative offence record and detention at the police station between 3:45 p.m. on 23/01/2021 and 2:00 p.m. on 24/01/2021 - detained for more than three hours after the offence record was drawn up, without any justification,   Art. 6 (1) and Art. 6 (3) (c) - lack of fair hearing - Absence of a lawyer in the first-instance court hearing,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - Inability to cross-examine police officers who had drawn an administrative offence record   45024/21* 11/08/2021 Tatyana Yuryevna SOKOLOVSKAYA 1975 Danil Ilnurovich Nurgaleyev Kazan Rally "Free Navalnyy"   Kazan   23/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Supreme Court of the Tatarstan Republic 14/04/2021 Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 23/01/2021 for compiling administrative offence record and detention at the police station between 3:45 p.m. and 9:21 p.m. on 23/01/2021 - detained for more than three hours after the offence record was drawn up, without any justification   45194/21* 27/08/2021 Ivan Alekseyevich LAGASHIN 1991 Yelena Yuryevna Pershakova Moscow Rally "Free Navalnyy"   Moscow   02/03/2021 article 20.2 §   6.1 of CAO detention for 5   days Moscow City Court 02/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 00:26 a.m. and 9:25 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,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   45200/21* 27/08/2021 Alena Aleksandrovna PAVLOVA 2001 Yelena Yuryevna Pershakova Moscow Rally "Free Navalnyy"   Moscow   02/02/2021 article 20.2 §   6.1 of CAO detention for 10   days Moscow City Court 24/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 11.47 p.m. on 02/02/2021 and noon 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,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO   46399/21* 07/08/2021 Kirilla Igorevna LABINTATLO 1993   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow   02/02/2021 article 20.2 §   6.1 of CAO detention for 5   days Moscow City Court 06/04/2021 Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 02/02/2021 for compiling administrative offence record and detention at the police station between 11:30 p.m. on 02/02/2021 and 7:00 p.m. on 03/02/2021 - detained for more than three hours after the offence record was drawn up, without any justification,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (c) - unfair criminal proceedings due to lack of legal representation - refusal of the court to grant the applicant’s request for legal representation in the appeal hearing of her 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 police officers who had drawn an administrative offence record,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   46690/21* 07/08/2021 Dmitriy Borisovich RUMSHINSKIY 1970   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 §   6.1 of CAO detention for 8   days Moscow City Court 26/03/2021 Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 31/01/2021 for compiling administrative offence record and detention at the police station between 2:48 p.m. on 31/01/2021 and 12:45 p.m. on 01/02/2021 - detained for more than three hours after the offence record was drawn up, without any justification,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - Inability to cross-examine police officers who had drawn an administrative offence record,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   47031/21* 07/09/2021 Lyudmila Ruslanovna PCHELKINA 1991   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 16/03/2021 Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 31/01/2021 for compiling administrative offence record and detention at the police station between 1:50 p.m. on 31/01/2021 and 7:50 p.m. on 01/02/2021 - detained for more than three hours after the offence record was drawn up, without any justification,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   47139/21* 02/09/2021 Aleksey Andreyevich GUNYASHOV 1992   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   St. Petersburg   31/01/2021 article 20.2 §   6.1 of CAO detention for 7   days St Petersburg City Court 02/03/2021 Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 31/01/2021 for compiling administrative offence record and detention at the police station between 1:50 p.m. on 31/01/2021 and 3:10 p.m. on 01/02/2021 - detained for more than three hours after the offence record was drawn up, without any justification,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   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   47152/21* 07/09/2021 Viktor Vasilyevich TIM 1997   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Tula   31/01/2021 article 20.2 § 5 of CAO fine of RUB   14,000 Tula Regional Court 29/03/2021 Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 31/01/2021 for compiling administrative offence record and detention at the police station between 12:20 p.m. on 31/01/2021 and 5:20 p.m. on 31/01/2021 - detained for more than three hours after the offence record was drawn up, without any justification,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine police officers who had drawn up an administrative arrest offence record,   Art. 6 (1) - lack of fair hearing - Refusal to allow evidence in support of the applicant’s account of events (video records of the events in question)   26850/22* 05/05/2022 Sabina Umirgaliyevna ZHOLTAYEVA 2002 Rushan Rafisovich Kabirov Kazan Anti-war rally   Kazan   27/02/2022 article 20.2 § 8 of CAO detention for 3   days Supreme Court of the Tatarstan Republic 02/03/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 5:31 p.m. on 27/02/2022 and 28/02/2022, when the applicant was taken to the court for hearing of her case,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO   29705/22* 12/05/2022 Zhanna Andreyevna OSIPOVA 1999 Rushan Zubairovich Ibragimov Astrakhan Rally "Free Navalnyy"   Moscow   21/04/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 13/12/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.   37042/22* 15/07/2022 Aleksandr Vasilyevich MILEV 1956 Vera Borisovna Mangileva Yekaterinburg Anti-war rally   Yekaterinburg   24/02/2022 article 20.2 § 2 of CAO detention for 9   days Sverdlovsk Regional Court 02/03/2022 (received by the applicant on 21/03/2021) Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 2:30 p.m. on 24/02/2022 and evening of 25/02/2022,   Art. 6 (1) - lack of fair hearing - absence from the appeal court hearing   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   40717/22* 12/08/2022 Andrey Leonidovich GRINGAUZ 1977 Aleksey Mikhaylovich Kuroptev Balashikha Anti-war rally   St Petersburg   27/02/2022 article 20.2.2 §   1 of CAO detention for 9   days St Petersburg City Court 14/04/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 8:00 p.m. on 27/02/2022 and 5:20 p.m. on 28/02/2022,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.#   40941/22 08/08/2022 Timur Olegovich ZAVGORODNIY 1990 Yekaterina Viktorovna Dadayeva St Petersburg Anti-war rally   St Petersburg   02/04/2022 article 20.2 §   6.1 of CAO detention for 7   days St Petersburg City Court 08/04/2022 Art. 5 (1) - unlawful deprivation of liberty - escorting to and detention at the police station for compiling an offence record between 3:45 p.m. on 02/04/2022 and 12:30   p.m. on 03/04/2022,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.   41278/22 11/08/2022 Pavel Viktorovich KHOLKIN 1969 Vladimir Yakovlevich Kapustin Yekaterinburg Anti-war rally   Yekaterinburg   06/03/2022 article 20.2 § 5 of CAO fine of RUB   12,000 Sverdlovsk Regional Court 01/06/2022 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 who arrested the applicant and also the police officers on whose written statements the applicant’s conviction was based,   Art. 6 (1) - lack of fair hearing - refusal of the court (without providing reasons) to grant the applicant’s request to adduce evidence in support of the applicant’s account of events   44809/22 12/09/2022 Sofya Olegovna LEN 1998 Ernest Aleksandrovich Mezak Saint-Barthélemy-d’Anjou Anti-war rally   St Petersburg   02/03/2022 article 20.2.2 §   1 of CAO fine of RUB   10,000 St Petersburg City Court 24/05/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 7:40 p.m. on 02/03/2022 and evening of 03/03/2022;   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
- 5 octobre 2023
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:001-228422
Données disponibles
- Texte intégral
- Résumé officiel