CEDH · CASELAW;COMMUNICATEDCASES;ENG — 5 octobre 2023

.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 } Published on 30 October 2023   SECOND SECTION Application no.   48029/21 Yekaterina Valeryevna YERMOLAYEVA against Russia and 18 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     48029/21* 09/09/2021 Yekaterina Valeryevna YERMOLAYEVA 2002   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Stavropol   29/01/2021 article 20.2 § 2 of CAO fine of RUB 20,000 Stavropol Regional Court 10/03/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 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.     56658/21 20/10/2021 Nikolay Aleksandrovich MATVEYEV 1996   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Tambov   21/04/2021     article 20.2 § 6.1 of CAO   and   article 20.2 § 6.1 of CAO detention for 10   days   and   administrative warning Tambov Regional Court 22/04/2021   and   Tambov Regional Court 30/08/2021 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 proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - In respect of the first set of the proceedings the applicant complains of 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 in the first set of the proceedings 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 - overlap of the facts constituting the basis for the applicant’s prosecution in the second set of the proceedings with substantially the same facts underlying his conviction in the first set of the proceedings.     56852/21 10/11/2021 Aleksey Leonidovich DAVYDOV 1972   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Ekaterinburg   21/04/2021 article 20.2 § 5 of CAO 20 hours of community work Sverdlovsk Regional Court 04/08/2021 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) - 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.     56853/21* 15/11/2021 Pavel Sergeyevich SADOVSKIY 1974   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow   02/02/2021 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 19/05/2021 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,   Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 10.40 a.m. until 7.30 p.m. on 02/02/2021     56856/21 15/11/2021 Maksim Dmitriyevich PANTELEYEV 1998   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 19/05/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 10.30 p.m. on 02/02/2021 until 11 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.     56864/21* 10/11/2021 Tatyana Aleksandrovna SHINKARENKO 1993   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Krasnoyarsk   31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Krasnoyarsk Regional Court 13/05/2021 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 after compiling an offence report from 1.20 p.m. until 8.30 p.m. on 31/01/2021,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.     56879/21 10/11/2021 Andrey Vladimirovich PONOMAREV 1963   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Omsk   23/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Omsk Regional Court 18/05/2021 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 the trial the police officers on whose written statements the applicant’s conviction was based,   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 after compiling an offence report from 3 p.m. until 7.40 p.m. on 23/01/2021     56900/21 10/11/2021 Nikolay Pavlovich RYABOV     Memorial Human Rights Centre Moscow Rally "Free Navalny"   Moscow   02/02/2021 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 13/05/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 02/02/2021 for compiling an offence report,   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,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.     57026/21 10/11/2021 Andrey Vladimirovich KONONOV     Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   St Petersburg   31/01/2021 article 20.2 § 2 of CAO detention for 3 days St Petersburg City Court 20/05/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 1 p.m. on 31/10/2021 until 12 p.m. on 01/02/2021,   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,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   57040/21 10/11/2021 Aleksey Igorevich KOPTELOV 1999   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow   02/02/2021 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 13/05/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 11.30 a.m. until 6.30 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.   57043/21* 10/11/2021 Sergey Vadimovich ANISIMOV 1994   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Voronezh   23/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Voronezh Regional Court 28/05/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 5.55 p.m. until 10 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.   24854/22* 06/08/2021 Dmitriy Yuryevich PAVLOV 1998   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   St Petersburg   02/02/2021 article 20.2 § 2 of CAO detention for 3 days St Petersburg City Court 25/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 00.30 a.m. until 5.55 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.   24857/22* 06/08/2021 Maryam Mansurovna SALARZAY 1997   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 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.   24899/22* 06/08/2021 Kseniya Yuryevna SERGEYEVA 1994   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 04/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 11 p.m. on 02/02/2021 until 5 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,   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.   24916/22* 06/08/2021 Aleksey Alekseyevich STERLIKOV 1991   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 09/02/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 11.45 p.m. on 02/02/2021 until 10 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,   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.   24999/22* 06/08/2021 Vladislav Maksimovich CHISTOBAYEV 1997   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Nizhniy Novgorod   23/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Nizhniy Novgorod Regional Court 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 the trial the police officers on whose written statements the applicant’s conviction was based,   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 after compiling an offence report from 5.30 p.m. to 9.10 p.m. on 23/01/2021   25015/22* 06/08/2021 Yekaterina Sergeyevna CHISTOBAYEVA 1998   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Nizhniy Novgorod   23/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Nizhniy Novgorod Regional Court 16/06/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 5.59 p.m. until 9.10 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 - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.   25023/22* 06/08/2021 Nikita Yevgenyevich SHCHERBINA 1998   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow   02/02/2021 article 20.2 § 6.1 of CAO detention for 13   days Moscow City Court 08/02/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 11 p.m. on 02/02/2021 until 6 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,   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.   25179/22* 15/02/2022 Aleksandr Nikolayevich DEMIDENKO 1962   Memorial Human Rights Centre Moscow In support of political prisoners     Belgorod   21/04/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Belgorod Regional Court 13/09/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 21/04/2021 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.