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 } .s3A357E38 { text-align:center; page-break-inside:avoid; page-break-after:avoid; font-family:Arial; font-size:8pt; list-style-position:inside } .s1DE04BC { margin-top:0pt; margin-bottom:0pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:8pt } .s5FFF0A7E { margin-top:0pt; margin-bottom:0pt; font-size:8pt } Published on 30 October 2023   FOURTH SECTION Application no.   40328/21 Yuriy Yuryevich KOROTITSKIY against Russia and 19 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     40328/21* 30/07/2021 Yuriy Yuryevich KOROTITSKIY 1995   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow 23/01/2021   Rally "Free Navalnyy"   Moscow 02/02/2021 article 20.2 § 5 of CAO         article 20.2 § 6.1 of CAO fine of RUB 15,000       detention for 13 days Moscow City Court 25/05/2021       Moscow City Court 05/02/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 6:00 p.m. on 23/01/2021 and 1:00 a.m. on 24/01/2021; detention in the police van between 11:45 p.m. on 02/02/2021 and 1:00 a.m. on 03/02/2021; escorting to and detention at the police station for compiling an offence record between 1:00 a.m. on 03/02/2021 and 10:00 a.m. on 04/02/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of administrative proceedings (concerning the events of 23/01/2021 and 02/02/2021),   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, in both sets of administrative proceedings (concerning the events of 23/01/2021 and 02/02/2021)   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.     40332/21* 30/07/2021 Anastasiya Igorevna KRIVENKO 1999   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Tambov 31/01/2021 article 20.2 § 6.1 of CAO detention for 7 days Tambov Regional Court 17/02/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 1:20 p.m. on 31/01/2021 and noon on 01/02/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial 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     44511/21* 17/08/2021 Damir Radikovich ISMAGILOV 1999   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow 02/02/2021 article 20.2 § 8 of CAO detention for 15 days Moscow City Court 17/02/2021 Art. 5 (1) - unlawful detention - detention in the police van between 10:00 p.m. and 11:30 p.m. on 02/02/2021; escorting to and detention at the police station for compiling an offence record between 11:30 p.m. on 02/02/2021 and 7:00 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,   Art. 6 (1) - lack of fair hearing - refusal to allow evidence in support of the applicant’s account of events (video or photo records of his arrest), poor quality of a video link during the appeal hearing of the applicant’s case,   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.     49912/21* 28/09/2021 Yegor Vladimirovich SPIRIDONOV 1997 Konstantin Aleksandrovich Markin Velikiy Novgorod Rally "Free Navalnyy"   Moscow 02/02/2021 article 20.2 § 6.1 of CAO detention for 10 days Moscow City Court 30/03/2021 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 7:00 p.m. on 03/02/2021; - failure of the court, in imposing the administrative punishment on the applicant, to take into account the period during which the applicant was detained in the police station,   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 - 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,       51192/21 17/09/2021 Igor Sergeyevich CHERVONNYY 1969   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow 31/01/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 18/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 2:00 p.m. and 10:40 p.m. on 31/01/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings, Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based     51264/21* 08/10/2021 Yaroslav Gelyevich KAZEYEV 1982   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow 02/02/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 29/07/2021 Art. 5 (1) - unlawful detention - arrest at 11:00 a.m. on 02/02/2021 and detention in the police van for 3 hours, escorting to the police station for compiling an offence record on 02/02/2021 detention there until 5:00 p.m.,   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     51385/21* 30/09/2021 Ivan Viktorovich LUZIN 1981   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Kaliningrad 31/01/2021   Rally "Free Navalnyy"   Kaliningrad 21/04/2021 article 20.2 § 5 of CAO         article 20.2 § 8 of CAO fine of RUB 15,000       detention for 21 days Kaliningrad Regional Court 06/04/2021     Kaliningrad Regional Court 30/04/2021 Art. 10 (1) - disproportionate measures against solo demonstrators – on 21/08/2020 in Kaliningrad / solo protest in support of Navalnyy / conviction under Article 20.2 § 5 of CAO to a fine of RUB 10,000 / final decision by the Kaliningrad Regional Court on 30/03/2021,   Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between: 1:00 p.m. and 4:50 p.m. on 31/01/2021; 7:45 p.m. on 21/04/2021 and 2:30 p.m. 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 (in connection with events oo 21/04/2021),   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based (in connection with events on 21/04/2021)     51400/21 08/10/2021 Vladimir Viktorovich MURZIN 1969   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Tambov 23/01/2021 article 20.2 § 5 of CAO fine of RUB 20,000 Tambov Regional Court 12/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 12:45 p.m. and 4:55 p.m. on 23/01/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based     51438/21* 08/10/2021 Irakliy Vakhtangovich BOGIYEV 1993   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow 31/01/2021   Rally "Free Navalnyy"   Moscow 21/04/2021 article 20.2 § 5 of CAO         article 20.2 § 8 of CAO fine of RUB 10,000       fine of RUB 15,000 Moscow City Court 14/04/2021       Moscow City Court 25/08/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of the administrative proceedings (concerning the events on 31/01/2021 and 21/04/2021),   Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 5:10 p.m. on 31/01/2021 and 2:30 a.m. on 01/02/2021; detention at the police station (where the applicant came upon insistence of a local police officer) for compiling an offence record between 9:30 a.m. and 1:30 p.m. on 12/05/2021 in connection with his participation in the rally on 21/04/2021,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based, in both sets of the administrative proceedings (concerning the events on 31/01/2021 and 21/04/2021),   Art. 8 (2) - restrictions on the right to private life of participants in public assemblies - The applicant complained about the videorecording of his participating in the rally on 21/04/2021, facial recognition technique, storing and using those records against him in the administrative proceedings.   51469/21* 08/10/2021 Aleksandr Pavlovich VASIN 1998   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Penza 23/01/2021   Rally "Free Navalnyy"   Penza 31/01/2021 article 20.2 § 5 of CAO         article 20.2 § 5 of CAO 20 hours of community work       30 hours of community work Penza Regional Court 08/04/2021     Penza Regional Court 15/04/2021 Art. 6 (1) lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both administrative cases (concerning the events on 23/01/2021 and 31/01/2021),   Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 1:30 p.m. and 6:30 p.m. on 31/01/2021,   Art. 6 (1) - unfair criminal proceedings - refusal to allow evidence in support of the applicant’s account of events (one of the witnesses’ cell phone records) in Oktyabrskiy District Court of Penza / 08/02/2021 and Penza Regional Court / 15/04/2021,   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 in both administrative cases (concerning the events on 23/01/2021 and 31/01/2021)   53954/21* 18/10/2021 Andrey Sergeyevich YEGOROV 1984 Tatyana Georgiyevna Martynova Pskov Rally "Free Navalnyy"   Pskov 31/01/2021 article 20.2 § 5 of CAO fine of RUB 12,000 Pskov Town Court 19/04/2021 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 for compiling an offence record on 31/01/2021;   53963/21* 18/10/2021 Aleksey Vladimirovich MALOV 1978 Tatyana Georgiyevna Martynova Pskov Rally "Free Navalnyy"   Pskov 31/01/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Pskov Regional Court 17/05/2021 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 the police station for compiling an offence record 31/01/2021;   54560/21* 15/10/2021 Sven Karlovich NORDIN 1983   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Kaliningrad 21/04/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Kaliningrad Regional Court 22/06/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 8:15 p.m. and 11:20 p.m. on 21/04/2021,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based   54829/21* 28/10/2021 Yevgeniy Yevgenyevich CHESHKIN 1981   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Perm 31/01/2021   Rally "Free Navalnyy"   Perm 21/04/2021 article 20.2 § 5 of CAO         article 20.2 § 5 of CAO fine of RUB 10,000       fine of RUB 10,000 Perm Regional Court 09/06/2021     Perm Regional Court 02/08/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of the administrative proceedings (in connection with events on 31/01/2021 and 21/04/2021),   Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 1:00 p.m. and 6:20 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, in both sets of the administrative proceedings (in connection with events on 31/01/2021 and 21/04/2021)   55885/21* 29/10/2021 Viktor Vladimirovich KUZNETSOV 1997   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Kazan 31/01/2021 article 20.2 § 2 of CAO fine of RUB 10,000 Supreme Court of the Republic of Tatarstan 12/05/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 12:40 p.m. on 31/01/2021 and 3:50 p.m. on 01/02/2021;   59667/21* 17/11/2021 Dmitriy Lvovich PYLKIN 1972   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   St Petersburg 31/01/2021   Anti-war rally   St Petersburg 25/02/2022 article 20.2.2 § 1 of CAO         article 20.2.2 § 4 of CAO fine of RUB 15,000       detention for 20 days St Petersburg City Court 18/05/2021       St Petersburg City Court 01/03/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 2:23 p.m. on 31/01/2021 and 2:30 a.m. on 01/02/2021 and between 7:35 p.m. on 25/02/2022 and 1:30 p.m. on 26/02/2022,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of the administrative proceedings, Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based, in both sets of the administrative proceedings,   Art. 6 (1) - unfair criminal proceedings - Refusal of the court to grant the applicant’s request to adduce evidence in support of the applicant’s account of events (video and photo material) / 26/02/2022 Pushkinskiy District Court of St   Petersburg / 01/03/2022 St   Petersburg City Court   59896/21* 24/11/2021 Grigoriy Grigoryevich TREFILOV 2002   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow 31/01/2021   Rally "Free Navalnyy"   Moscow 21/04/2021 article 20.2 § 5 of CAO         article 20.2 § 5 of CAO fine of RUB 10,000       fine of RUB 20,000 Moscow City Court 17/06/2021       Moscow City Court 23/08/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 4:30 p.m. and 11:30 p.m. on 31/01/2021 and between 8:00 a.m. and 1:30 p.m. on 28/04/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of the administrative proceedings (in connection with events on 31/01/2021 and 21/04/2021),   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based, in both sets of the administrative proceedings (in connection with events on 31/01/2021 and 21/04/2021)   8423/22* 25/01/2022 Yevgeniy Nikolayevich YEFREMOV 1981   Memorial Human Rights Centre Moscow Meeting with people’s representatives   Moscow 20/09/2021 article 20.2 § 8 of CAO detention for 15 days Moscow City Court 01/10/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between noon of 25/09/2021 and 10:00 a.m. on 27/09/2021,   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   20448/22 07/03/2022 Kirill Rishatovich CHURAKOV 1997   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow 23/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 29/09/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 7:15 p.m. and 11:00 p.m. on 23/01/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   24873/22* 23/03/2022 Alina Anatolyevna PONOMAREVA 1975   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Voronezh 31/01/2021 article 20.2 § 5 of CAO fine of RUB 5,000 Voronezh Regional Court 30/09/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 2:30 p.m. and 9:30 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