CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 5 octobre 2023
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- ECLI:CEDH:001-228423
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- 5 octobre 2023
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- 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.   46570/18 Ruslan Urazbayevich NURUSHEV against Russia and 26 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     46570/18* 19/09/2018 Ruslan Urazbayevich NURUSHEV 1973     March "Strike of electors"   Volgograd   28/01/2018   Rally in support of Mr A. Navalnyy   Volgograd   23/01/2021   Rally in support of Mr A. Navalnyy   Volgograd   31/01/2021 Article 20.2 § 5 of CAO           article 20.2 § 5 of CAO           article 20.2 § 5 of CAO fine of RUB   10,000           fine of RUB   10,000           fine of RUB   10,000 Volgograd Regional Court 21/03/2018         Volgograd Regional Court 18/02/2021         Volgograd Regional Court 24/02/2021 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 4.30 p.m. on 28/01/2018 to an unspecified time;   Art. 6 (1) - lack of impartiality of tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions: Volgograd Regional Court, 21/03/2018, 18/02/2021 and 24/02/2021;   Art. 10 (1) - conviction for making calls to participate in public events - calling on participation in the anti-war rally by posting a call in a social network on 02/03/2022 in Volgograd. Administrative conviction under art. 20.2. § 8 of CAO, detention for 15 days, final decision: Volgograd Regional Court, 10/03/2022;   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 open court police officer on whose written statements the applicant’s conviction was based in the three sets of the manifestation-related proceedings     36922/21* 16/07/2021 Valentina Aleksandrovna YAKUNINA 1976   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 fine of RUB   11,000 Rostov Regional Court 11/03/2021 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 02.00 p.m. on 31/01/2021 to 11.30 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 - final decision: Rostov Regional Court, 11/03/2021     40459/21* 27/07/2021 Olesya Yuryevna CHERNETSKAYA 1970 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 4 days Moscow City Court 16/02/2021 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 04.00 p.m. on 31/01/2021 to 01/02/2021, 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, 16/02/2021;   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 on 01/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO     40494/21* 30/07/2021 Yevgeniy Aleksandrovich PEREVEZENTSEV 1984 Sergey Mikhaylovich Shimovolos Nizhniy Novgorod Rally in support of   Mr   A.   Navalnyy   Nizhniy Novgorod   31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Nizhniy Novgorod Regional Court 28/05/2021 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 01.05 p.m. to 07.00 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: Nizhniy Novgorod Regional Court, 28/05/2021     40939/21 24/07/2021 Maksim Mikhaylovich KORNIYENKO 2002 Anna Yevgenyevna Bochilo Barnaul Rally in support of   Mr   A.   Navalnyy   Kursk   31/01/2021 article 20.2 § 5 of CAO fine of RUB   15,000 Kursk Regional Court 20/04/2021 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 01.00 p.m. to 06.00 p.m. on 31/01/2021; the applicant’s deprivation of liberty was not recorded;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Kursk Regional Court, 20/04/2021   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     41407/21* 04/08/2021 Mikhail Sergeyevich PANKRATOV 1983 Aleksandr Yevgenyevich Pomazuyev Vilnius Rally in support of   Mr   A.   Navalnyy   Volgograd   23/01/2021   Rally in support of   Mr   A.   Navalnyy   Volgograd   31/01/2021 article 20.2 § 5 of CAO             article 20.2 § 5 of CAO fine of RUB   10,000             fine of RUB   10,000 Volgograd Regional Court 18/02/2021           Volgograd Regional Court 03/03/2021 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 03.00 p.m. on 23/01/2021 to 00.30 a.m. on 24/01/2021, - from 12.15 a.m. to 08.30 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 decisions: Volgograd Regional Court, 18/02/2021 and 03/03/2021;   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 in both sets of the proceedings     42744/21* 07/08/2021 Yevgeniy Aleksandrovich MILYAKOV 1999     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 17/06/2021 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 12.27 p.m. on 31/01/2021 to 11.30 a.m. 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, 17/06/2021;   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, unjustified refusal to allow exonerating evidence in support of the applicant’s account of events (video records of his arrest);   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     43251/21* 18/08/2021 Kirill Alfredovich IMASHEV 1998     Commemorating the anniversary of the revolution   Perm   07/11/2020   Environmental rally (for a forest protection)   Perm   14/02/2021   Opposition rally   Perm   31/07/2021 article 20.2 § 5 of CAO             article 20.2 § 2 of CAO             article 20.2 § 8 of CAO fine of RUB   10,000             fine of RUB   20,000             administrative detention of 15 days Perm Regional Court 02/03/2021           Perm Regional Court 30/04/2021           Perm Regional Court 05/08/2021 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 04.05 p.m. to 07.20 p.m. on 07/11/2020, - from 11.15 a.m. on 26/09/2021 to 27/09/2021, hearing in the applicant’s administrative-offence case, - from 10.00 a.m. to 02.00 p.m. on 18/02/2021, - from 02:20 p.m. to 6:00 p.m. on 31/07/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions: Perm Regional Court, 02/03/2021, 30/04/2021 and 05/08/2021, and before the Sverdlovsk Regional Court, 30/09/2021;   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 in all sets of the administrative-offence proceedings;   Art. 10 (1) - conviction for making calls to participate in public events - calls on the internet on 10/02/2021 to participate in an unauthorised public rally for protection of a forest in the Perm Region; conviction under art. 20.2 § 2 of the CAO to a fine of RUB   20,000; final decision: Perm Regional Court, 30/04/2021;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentences of administrative detention (15 days) imposed on the applicant by the Leninskiy District Court of Perm on 31/07/2021 and by the Leninskiy District Court of Yekaterinburg on 27/09/2021 for administrative offences were executed immediately; on account of the lack of suspensive effect of an appeal under the CAO     43835/21* 10/08/2021 Ilya Konstantinovich YEFIMOV 2001 Oleg Aleksandrovich Yelanchik Moscow Rally in support of   Mr   A.   Navalnyy   Moscow   02/02/2021 article 20.2 §   6.1 of CAO administrative detention of 15 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 11.00 p.m. on 02/02/2021 to 06.00 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, 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 the police officers on whose written statements the applicant’s conviction was based   44181/21* 25/08/2021 Vsevolod Sergeyevich POPOV 1996 Aleksandr Yevgenyevich Pomazuyev Vilnius Rally in support of   Mr   A.   Navalnyy   Tyumen   31/01/2021 article 20.2 § 5 of CAO fine of RUB   15,000 Tyumen Regional Court 15/03/2021 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 03.00 p.m. and 6.30 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: Tyumen Regional Court, 15/03/2021;   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   44874/21* 25/08/2021 Stanislav Mikhaylovich KRAMIN 1976 Ivan Yuryevich Zhdanov Vilnius Rally in support of   Mr   A.   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 for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances” from 01.30 p.m. on 31/01/2021 to 00.30 a.m. 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: St Petersburg City Court, 16/03/2021;   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 open court the police officer on whose written statements the applicant’s conviction was based   45002/21* 24/08/2021 Pavel Vladimirovich KOSULNIKOV 1981   Memorial Human Rights Centre Moscow 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 Tatarstan 24/02/2021 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 02.00 p.m. on 23/01/2021 to 03.00 p.m. on 25/01/2021   45055/21* 26/08/2021 Sergey Yakovlevich GRIGORYEV 1986 Ivan Yuryevich Zhdanov Vilnius Rally in support of   Mr   A.   Navalnyy   St Petersburg   31/01/2021 article 20.2.2 § 1 of CAO administrative detention of 5 days St Petersburg City Court 16/03/2021 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 05.40 p.m. on 31/01/2021 to 05.00 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: St Petersburg City Court, 16/03/2021;   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 the police officers on whose written statements the applicant’s conviction was based   46947/21* 14/09/2021 Alena Igorevna PERTSEVA 1999 Mariya Olegovna Eysmont 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 22/03/2021 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 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, 22/03/2021;   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 convictions were based   48161/21 15/09/2021 Aleksandr Yevgenyevich CHERNYKH 1985 Alan Olegovich Gamazov Moscow Rally support of journalist Ivan Safronov   Moscow   13/07/2020 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 16/03/2021 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 on 02.50 p.m. to 06.10 p.m. on 13/07/2021   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, 16/03/2021 ;   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   50257/21* 23/09/2021 Yevgeniy Vyacheslavovich BELYAKOV 1993 Arkadiy Vitalyevich Shindyapin Moscow Rally in support of   Mr   A.   Navalnyy   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB   15,000 Moscow City Court 17/05/2021 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 02.30 p.m. on 31/01/2021 to an unspecified time 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, 17/05/2021;   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   50278/21* 24/09/2021 Yuliya Andreyevna SAVELYEVA 1999 Ernest Aleksandrovich Mezak Saint-Barthélemy-d’Anjou Rally in support of   Mr   A.   Navalnyy   Petrozavodsk   21/04/2021 article 20.2 § 8 of CAO administrative detention of 10 days Supreme Court of the Karelia Republic 01/05/2021 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 10.00 a.m. to 02.15 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 decisions: Supreme Court of the Karelia Republic, 24/03/2021 and 01/05/2021;   Art. 10 (1) - conviction for making calls to participate in public events - Conviction under art. 20.2 § 2 of the CAO for calls to participate in unauthorized manifestation in support of Mr Navalnyy on 31/01/2021 in Petrozavodsk; 5 days of administrative detention; final decision: Supreme Court of the Karelia Republic, 24/03/2021;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentences of administrative detention imposed on the applicant were executed immediately, on account of the lack of suspensive effect of an appeal under the CAO   50293/21* 29/09/2021 Bogdan Aleksandrovich BUBNOV 1999 Andrey Olegovich Valenkov Nizhniy Novgorod Rally in support of   Mr   A.   Navalnyy   Nizhniy Novgorod   23/01/2021   Rally against war in Ukraine   Nizhniy Novgorod   24/02/2022 article 20.2 § 2 of CAO           article 20.2 §   6.1 of CAO administrative detention of 2   days         administrative detention of 5   days Nizhniy Novgorod Regional Court 31/03/2021       Nizhniy Novgorod Regional Court 02/03/2022 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 a.m. on 31/01/2021 to 01.00 p.m. on 02/02/2021; - from 07.45 p.m. on 24/02/2022 to 06.00 p.m. on 25/02/2022;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions: Nizhniy Novgorod Regional Court, 31/03/2021 and 02/03/2022;   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 open court police officer on whose written statements the applicant’s conviction was based   51896/21* 24/09/2021 Dmitriy Aleksandrovich LYUTOYEV 1984 Ernest Aleksandrovich Mezak Saint-Barthélemy-d’Anjou Rally in support of   Mr   A.   Navalnyy   Syktyvkar   23/01/2021   Rally in support of   Mr   A.   Navalnyy   Syktyvkar   31/01/2021 article 20.2 § 5 of CAO           article 19.3 § 1 of CAO, article   20.2 § 5 of CAO fine of RUB   10,000           administrative detention of 4   days and fine of RUB   10,000 Supreme Court of the Komi Republic 23/06/2021       Supreme Court of the Komi Republic, 24/03/2021 and 16/06/2021 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 12.05 p.m. on 31/01/2021 to 11.00 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 - final decisions: Supreme Court of the Komi Republic, 24/03/2021, 16/06/2021 and 23/06/2021;   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;   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was convicted twice for participation in the same public event on 31/01/2021: under art. 19.3 § 1 (administrative detention), and under art. 20.2 § 5 of the CAO (fine)   51994/21* 08/10/2021 Aleksandr Borisovich POCHINSKIY 1987   Memorial Human Rights Centre Moscow Rally in support of   Mr   A.   Navalnyy   Moscow   02/02/2021 article 20.2 § 5 of CAO fine of RUB   20,000 Moscow City Court 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 - final decision: Moscow City Court, 11/05/2021;   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   51995/21* 08/10/2021 Dmitriy Nikolayevich SEMIN 1996   Memorial Human Rights Centre Moscow Rally in support of   Mr   A.   Navalnyy   Moscow   02/02/2021 article 20.2 § 5 of CAO fine of RUB   15,000 Moscow City Court 11/05/2021 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 09.30 a.m. to 02.20 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 - final decision: Moscow City Court, 11/05/2021;   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   52824/21* 22/10/2021 Alla Vladimirovna KUZNETSOVA 1967 Ivan Yuryevich Zhdanov Vilnius Rally in support of   Mr   A.   Navalnyy   Ulan-Ude, Buryatia Republic   31/01/2021 article 20.2 § 5 of CAO fine of RUB   15,000 Supreme Court of the Buryatia Republic 29/04/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Supreme Court of the Buryatia Republic, 24/04/2021;   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   53232/21* 05/10/2021 Zhanna Vladimirovna GALEYEVA 1996 Olga Pavlovna Tseytlina St Petersburg Rally in support of Belarus citizens   St Petersburg   24/01/2021   Rally in support of Belarus citizens   St Petersburg   27/01/2021 article 20.2 § 2 of CAO           article 20.2 § 2 of CAO administrative detention of 5   days         administrative detention of 1   day St Petersburg City Court 06/04/2021         St Petersburg City Court 27/05/2021     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 09.40 a.m. on 23/03/2021 to 25/03/2021, hearing in the applicant’s administrative-offence case, - from 09.40 a.m. on 28/03/2021 to 11.00 a.m. on 29/03/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions: St Petersburg City Court, 06/04/2021 and 27/05/2021;   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 officers on whose written statements the applicant’s conviction was based in both sets of proceedings concerning protests of 24/01/2021 and 27/01/2021;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentences of administrative detention imposed on the applicant were executed immediately, on account of the lack of suspensive effect of an appeal under the CAO   53293/21* 07/10/2021 Anton Sergeyevich REUTOV 1990 Olimpiada Valentinovna Usanova Nizhniy Novgorod Rally in support of   Mr   A.   Navalnyy   Nizhniy Novgorod   31/01/2021 article 20.2 §   6.1 of CAO   fine of RUB   10,000 Nizhniy Novgorod Regional Court 07/04/2021 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 01.00 p.m. on 31/01/2021 (the applicant spent two hours in the police van) to 04.15 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: Nizhniy Novgorod Regional Court, 07/04/2021;   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   53485/21* 07/10/2021 Aleksey Igorevich BORISOV 2002 Olimpiada Valentinovna Usanova Nizhniy Novgorod Rally in support of   Mr   A.   Navalnyy   Nizhniy Novgorod   31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Nizhniy Novgorod Regional Court 07/04/2021 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 01.15 p.m. on 31/01/2021 to 05.00 p.m. o 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: Nizhniy Novgorod Regional Court, 07/04/2021   53491/21* 07/10/2021 Ivan Vasilyevich SOKOLOVSKIY 1997 Olimpiada Valentinovna Usanova Nizhniy Novgorod Rally in support of   Mr   A.   Navalnyy   Nizhniy Novgorod   31/01/2021 article 20.2 §   6.1 of CAO fine of RUB   10,000 Nizhniy Novgorod Regional Court 07/04/2021 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 12.50 p.m. on 31/01/2021 (the applicant spent more than 3 hours in the police van) to 03.00 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: Nizhniy Novgorod Regional Court, 07/04/2021   61701/21* 10/12/2021 Sergey Petrovich KUKHTIN 1971   Memorial Human Rights Centre Moscow Rally in support of   Mr   A.   Navalnyy   Moscow   31/01/2021   Rally against the war in Ukraine   Moscow   06/03/2022 article 20.2 § 5 of CAO           article 20.2 § 8 of CAO fine of RUB   10,000           administrative detention of 15 days Moscow City Court 25/08/2021         Moscow City Court 19/08/2022 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 01.15 p.m. to 11.58 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 decisions: Moscow City Court, 25/08/2021 and 19/08/2022;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant by the court of first instance was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO;   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 in the two sets of the administrative proceedings was based, inability to submit evidence, including video recordings, in defence of his version of events on an equal footing with the prosecution  Citations
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Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;COMMUNICATEDCASES;ENG
- Date
- 5 octobre 2023
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:001-228423
Données disponibles
- Texte intégral
- Résumé officiel