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.   2064/18 Valeriy Georgiyevich NELYUBIN 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     2064/18 11/12/2017 Valeriy Georgiyevich NELYUBIN 1947 Valentin Valentinovich Pyshkin St Petersburg Opposition rally   St Petersburg   29/04/2017 article 20.2 § 5 of CAO fine of RUB   10,000 St Petersburg City Court 04/07/2017 Art. 6 (1) - unfair trial in administrative offence proceedings - various deficiencies of the administrative offence proceedings (absence in the trial, no possibility to adduce evidence or question defence witnesses).     48440/19 05/09/2019 Dmitriy Yuryevich SEKUSHIN 1973 Igor Nikolayevich Sholokhov Kazan Environmental issues rally   Arkhangelsk   07/04/2019 article 20.2 § 8 of CAO fines of RUB   200,000 and RUB   200,000 Arkhangelsk Regional Court 04/07/2019 and 07/05/2019 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - two sets of the proceedings, final - Arkhangelsk Regional Court, 07/05/2019 and 04/07/2019,   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings – two separate prosecutions under article 20.2 of CAO for one “hybrid” event     55645/21* 22/10/2021 Leonid Igorevich KOVALEV 2002   MOO MEMORIAL Human Rights Centre St Petersburg Rally "Free Navalnyy"   St Petersburg   21/04/2021 article 20.2 § 2 of CAO detention for 8 days St Petersburg City Court 28/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 10.10 p.m. on 21/04/2021 until 6 p.m. on 22/04/2021,   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 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.     55655/21* 22/10/2021 Mikhail Nikolayevich ALEKSEYEV 1997   MOO MEMORIAL Human Rights Centre St Petersburg Rally "Free Navalnyy"   St Petersburg   21/04/2021 article 20.2 § 2 of CAO detention for 5 days St Petersburg City Court 06/07/2021 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 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,   Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 7.30 p.m. on 21/04/2021 until 4.05 p.m. on 22/04/2021.     56348/21* 15/10/2021 Vladimir Sergeyevich KOTOV 1981 Aleksey Valeryevich Vlasov Tula Rally "Free Navalnyy"   Tula   31/01/2021 article 20.2 § 5 of CAO fine of RUB   13,000 Tula Regional Court 01/04/2021 (decision received on 15/04/2021) rt. 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 the police station on 31/01/2021 for compiling an offence report.     56417/21 23/10/2021 Alina Aleksandrovna STEPANOVA 2001 Aleksandr Vasilyevich Popkov Sochi Rally "Free Navalnyy"   Sochi   23/01/2021 article 20.2 § 2 of CAO fine of RUB   20,000 Krasnodar Regional Court 26/04/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 5 (1) - unlawful detention - escorting to the police station on 21/01/2021 for compiling an offence report.     56500/21* 27/10/2021 Aleksandr Mikhaylovich SUKHANOV 1988   MOO MEMORIAL Human Rights Centre St Petersburg Rally "Free Navalnyy"   St Petersburg   21/04/2021 article 20.2 § 2 of CAO detention for 7 days St Petersburg City Court 27/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 7.30 p.m. on 21/04/2021 until 2.30 p.m. 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 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.     56508/21 28/10/2021 Anastasiya Vladimirovna SENYUSHKINA 2000 Aleksey Alekseyevich Vasilyev Moscow Rally "Free Navalnyy"   Moscow   23/01/2021 article 20.2 § 5 of CAO fine of RUB   20,000 Moscow City Court 28/04/2021 Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 23/01/2021 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 the police officers on whose written statements the applicant’s conviction was based.     56929/21* 25/10/2021 Vladimir Aleksandrovich RUBETS 1988 Vladimir Sergeyevich Nemanov Moscow Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 §   6.1 of CAO fine of RUB   10,000 Moscow City |Court 13/05/2021 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 the police officers on whose written statements the applicant’s conviction was based.   13739/22* 28/02/2022 Mikhail Sergeyevich MIKHAYLENKO 1993 Konstantin Aleksandrovich Markin Velikiy Novgorod Rally "Free Navalnyy"   Moscow   23/01/2021 article 20.2 § 5 of CAO fine of RUB   20,000 Moscow City Court 05/10/2021 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 5.10 p.m. on 23/01/2021 until 01.00 a.m. on 24/01/2021.   13885/22 28/02/2022 Arina Vladimirovna MIKHEYEVA 2000 Kseniya Dmitriyevna Prosvirkina Moscow Rally "Free Navalnyy"   St Petersburg   31/01/2021 article 20.2 § 2 of CAO fine of RUB   10,000 St Petersburg City Court 31/08/2021 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 3.10 p.m. on 31/01/2021 until 04.30 a.m. on 01/02/2021.   46008/22 09/09/2022 Grigoriy Andreyevich MOYKIN 2000 Vera Borisovna Mangileva Yekaterinburg Anti-war protest (against war in Ukraine)   Yekaterinburg   06/03/2022 article 20.2 § 5 of CAO 30 hours of community service Sverdlovsk Regional Court 15/06/2022 Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 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.   46302/22 03/09/2022 Anastasiya Olegovna KHLYUBTSEVA 1992 Mikhail Germanovich Shiolashvili St Petersburg Anti-war protest (against war in Ukraine)   St Petersburg   27/02/2022 article 20.2 § 2 of CAO fine of RUB   10,000 St Petersburg City Court 05/05/2022 Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 27/02/2022 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 the police officers on whose written statements the applicant’s conviction was based.   46328/22 03/09/2022 Leonid Vladimirovich NIKOLAYEV 1972 Mikhail Germanovich Shiolashvili St Petersburg Anti-war protest (against war in Ukraine)   St Petersburg   24/02/2022 article 20.2 § 2 of CAO fine of RUB   10,000 St Petersburg City Court 17/05/2022 Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 24/02/2022 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 the police officers on whose written statements the applicant’s conviction was based.   46501/22* 07/09/2022 Aleksey Vladimirovich RUDAKOV 1994 Natalya Pavlovna Yermilova Yekaterinburg Anti-war protest (against war in Ukraine)   Yekaterinburg   06/03/2022 article 20.2 § 5 of CAO 32 hours of community work Sverdlovsk Regional Court 27/07/2022 Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 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 the police officers on whose written statements the applicant’s conviction was based.   47023/22 14/09/2022 Tatyana Yuryevna KONDRATYEVA 2000 Natalya Pavlovna Yermilova Yekaterinburg Anti-war protest (against war in Ukraine)   Yekaterinburg   24/02/2022 article 20.2 § 5 of CAO fine of RUB   20,000 Sverdlovsk Regional Court 20/07/2022 Art. 5 (1) - unlawful detention - escorting to the police station on 24/02/2022 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.   47136/22 15/09/2022 Valeriya Andreyevna KAN 1993 Sergey Aleksandrovich Valiulin Vladivostok Anti-war protest (against war in Ukraine)   Vladivostok   06/03/2022 article 20.2 § 5 of CAO fine of RUB   10,000 Primorye Regional Court 16/05/2022 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   47989/22 19/09/2022 Anastasiya Aleksandrovna KUZNETSOVA 1991 Yevgeniy Vyacheslavovich Antokhin Moscow Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 §   6.1 of CAO fine of RUB   15,000 Moscow City Court 31/05/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 3 p.m. on 31/01/2021 until 10 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.   49312/22* 04/10/2022 Sofya Dmitriyevna SUKHANOVA 2003 Olga Vladimirovna Sirinova St Petersburg Anti-war protest (against war in Ukraine)   St Petersburg   02/03/2022 article 20.2 §   6.1 of CAO fine of RUB   10,000 St Petersburg City Court 07/07/2022 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 on whose written statements the applicant’s conviction was based,   Art. 5 (1) - unlawful detention - escorting to the police station on 02/03/2022 for compiling an offence report.