CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 5 octobre 2023
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- ECLI:CEDH:001-228443
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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   THIRD SECTION Application no.   47784/18 Mariya Igorevna ZINCHENKO against Russia and 21 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     47784/18* 27/09/2018 Mariya Igorevna ZINCHENKO 1990     Anticorruption rally   Vladivostok   28/01/2018   Rally against pension reform   Vladivostok   15/09/2018 article 20.2 § 5 of CAO           article 20.2 § 8 of CAO fine of RUB   10,000           administrative detention of 15 days Primorye Regional Court 27/03/2018         Primorye Regional Court 16/01/2019 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 10.50 a.m. to 03.50 p.m. on 02/02/2018, - from 02.12 p.m. on 15/09/2018 to 02.10 p.m. on 17/09/2018;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions: Primorye Regional Court, 27/03/2018 and 16/01/2019;   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;   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     10432/21* 28/01/2021 Anton Pavlovich APTEKAR 1997 Darya Dmitriyevna Aksenova Kolomna Rally in support of Mr Konstantin Kotov   Moscow   22/02/2020   Rally in support of Mr   A.   Navalnyy   Moscow   23/01/2021     article 20.2 § 5 of CAO             article 20.2 § 8 of CAO fine of RUB   10,000             community service of 40   hours Moscow City Court 28/07/2020           Moscow City Court 19/05/2022 Art. 5 (1) - unlawful deprivation of liberty: 1) escorting to a police station for the purpose of drawing up a record of administrative offence from 05.00 p.m. to an unspecified time on 22/02/2020, 2) 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 11.30 a.m. to 03.15 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, 28/07/2020 and 19/05/2022;   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 convictions were based     13424/21* 07/02/2021 Dmitriy Aleksandrovich IVANOV 1999 Mariya Olegovna Eysmont Moscow Rally in support of political prisoners   Moscow   14/03/2020   Collective walkabout in support of Ilya Azarov and against Mr V. Putin   Moscow   05/06/2020     Rally in support of Mr   A.   Navalnyy   Moscow   23/01/2021   Rally in support of Mr   A.   Navalnyy   Moscow   02/02/2021     article 19.3 § 1 of CAO, article 20.2 § 8 of CAO         article 20.2 § 5 of CAO                     article 20.2 §   6.1 of CAO             article 20.2 § 8 of CAO               fine of RUB   1,000 and administrative detention of 13 days     fine of RUB   20,000                     fine of RUB   19,000             administrative detention of 30 days             Moscow City Court, 10/08/2020 and 07/08/2020         Moscow City Court 10/09/2020                   Moscow City Court 23/09/2021           Moscow City Court 10/02/2021             Art. 5 (1): 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 03.15 to 10.10 p.m. on 14/03/2020, - from 04.30 p.m. on 08/06/2020 to 03.00 p.m. 09/06/2020, - from 11.00 p.m. on 01/08/2020 to 03/08/2020, - from 03.15 p.m. on 01/11/2020 to 02/11/2020, - from 11.30 p.m. on 02/02/2021 to 03/02/2021, hearing in the applicant’s administrative-offence case, - from 11.50 p.m. on 04/03/2021 to 05/03/2021, hearing in the applicant’s administrative-offence case, 2) unlawful escorting to the police station for the purpose of drawing up a record of administrative offence, from 06.30 to 08.50 p.m. on 05/06/2020,   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, 07/08/2020, 10/08/2020, 10/09/2020, 06/11/2020, 10/02/2021, 11/03/2021 (administrative conviction under article 19.3 § 1 to administrative detention of 10 days), and 23/09/2021;   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 officer on whose written statements the applicant’s conviction was based;   Art. 8 (2) - restrictions on the right to private life of participants in public assemblies - use of facial recognition technology for the identification of the applicant as a participant of the rally on 23/01/2021 and his subsequent conviction (raised on appeal, final decision: Moscow City Court, 23/09/2021; complaint lodged on 23/03/2022);   Art. 10 (1) - disproportionate measures against solo demonstrators - Solo picket in support of Ilya Azar in Moscow, on 05/06/2020, administrative conviction under article 20.2 § 5 of the CAO, fine of RUB   20,000, final decision: Moscow City Court, 08/09/2020;   Art. 10 (1) - measures in relation to media coverage of public assemblies - the applicant intended to cover, as a journalist, a picketing in support of "Novoye Velichiye" - entity declared an extremist organisation in Russia - on 01/11/2020. He was taken to the police station and then brought to administrative liability under article 19.3 § 1 of the CAO (disobedience) to administrative detention of 8 days. Final decision: Moscow City Court, 06/11/2020;   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - The applicant was convicted twice for participating in the same unauthorised rally on 14/03/2020: under art. 19.3 § 1 (fine) and under art. 20.2 § 5 (administrative detention) of the CAO;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention of 10 days imposed on the applicant by the courts of first instance on 05/03/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO     21468/21* 06/04/2021 Denis Alevtinovich MAKGOLAKH 1991 Olga Vladimirovna Timireva Moscow Rally in support of Mr   A.   Navalnyy   Moscow   31/01/2021   Forum of independent deputies “Municipal Russia”   Moscow   13/03/2021 article 20.2 §   6.1 of CAO             article 20.33 of CAO administrative detention of 14 days           fine of RUB   10,000 Moscow City Court 08/02/2021           Shatura Town Court of the Moscow Region 08/06/2021 Art. 5 (1) - unlawful deprivation of liberty: - escorting to the police station for the purpose of drawing up a record of administrative offence, on an unspecified time on 31/01/2021; - detention in excess of 3 hours and without “exceptional circumstances”, on 13/03/2021 for 4 hours;   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, 08/02/2021, Shatura Town Court, 08/06/2021 ;   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 officer on whose written statements the applicant’s convictions were 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     23408/21 11/04/2021 Grigoriy Aleksandrovich TIFANYUK 1993     Rally in support to Mr   A.   Navalnyy   Nizhniy Novgorod   23/01/2021 article 20.2 § 8 of CAO administrative detention of 10 days Nizhniy Novgorod Regional Court 31/03/2021 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 05.00 to 08.30 p.m. on 21/08/2020, - from 23/01/2021 to 25/01/2021, 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: Nizhniy Novgorod Regional Court, 21/10/2020 and 31/03/2021;   Art. 6 (1) - and Art. 6 (3) (b) - unfair trial due to lack of adequate time and facilities for preparation of the defence - inability to cross-examine in open court police officer on whose written statements the applicant’s convictions were based;   Art. 10 (1) - conviction for making calls to participate in public events - Administrative conviction for having posted on the applicant’s personal account page in the social network "VKontakte" a video calling up to take part in manifestations on 21/08/2020 in support of Mr   A.   Navalnyy / Article 20.2 § 2 of the CAO / 20 hours of community works / Final decision: Nizhniy Novgorod Regional Court, 21/10/2020;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the administrative detention was enforced immediately after the decision of the first-instance court on account of the lack of suspensive effect of an appeal under the CAO     26290/21* 28/04/2021 Fedor Fedorovich KOBZEV 1964 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 § 8 of CAO             article 20.2 § 8 of CAO fine of RUB   150,000             fine of RUB   150,000 Supreme Court of the Komi Republic 07/07/2021         Supreme Court of the Komi Republic 28/07/2021 Art. 5 (1) - unlawful deprivation of liberty: 1) escorting to the police station for the purpose of drawing up a record of administrative offence, from 03.05 p.m. on 09/08/2020 to an unspecified time, with no record of the applicant’s escorting, 2) 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 12.30 a.m. to 10.15 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: Supreme Court of the Komi Republic, 28/10/2020, 25/11/2020, 07/07/2021 and 28/07/2021,   Art. 10 (1) - disproportionate measures against solo demonstrators - On 09/08/2020 the applicant held a solo demonstration against a candidate for governor of the Komi Republic in Syktyvkar, in the centre place of the town. He was convicted twice: under art. 20.2 § 5 of the CAO (participation in an unauthorised rally - fine of RUB   5,000), and under art. 19.3 § 1 of the CAO (disobedience - fine of RUB   500). Final decisions: Supreme Court of the Komi Republic, 28/10/2020 and 25/11/2020.     39209/21* 28/07/2021 Dmitriy Sergeyevich SHELOMENTSEV 1993   Memorial Human Rights Centre 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 09/02/2021 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 11.17 p.m. on 02/02/2021 to 08.26 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, 09/02/2021;   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 by the court of first instance was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO     43268/21* 09/08/2021 Dzhamilya Iskandarovna YUSUPOVA 1997 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 03/03/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence, from 01.00 p.m. to 03.40 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 - final decision: Tyumen Regional Court, 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     45077/21* 02/09/2021 Vladimir Yuryevich DOROKHOV 1985 Aleksandr Yevgenyevich Pomazuyev Vilnius Rally in support of Mr   A.   Navalnyy   Tula   31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Tula Regional Court 18/03/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence, from 12.20 p.m. to an unspecified time 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: Tula Regional Court, 18/03/2021   45349/21* 11/08/2021 Iskender Gabdrakhmanovich YASAVEYEV 1971 Danil Ilnurovich Nurgaleyev Kazan Rally in support of Mr   A.   Navalnyy   Kazan   31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Supreme Court of the Tatarstan Republic 24/03/2021 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 01.00 p.m. on 31/01/2021 to 02.00 p.m. on 01/02/2021, - from 4.12 p.m. on 27/02/2022 to 28/02/2022 in the afternoon;   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 proceedings under Article 20.2 § 5 of CAO police officers on whose written statements the applicant’s conviction was based.,   Art. 10 (1) - disproportionate measures against solo demonstrators - Picketing against the war in Ukraine, 27/02/2022, Kazan, administrative conviction under art. 20.2 § 8 of the CAO to an administrative detention of 5 days, final decision: Supreme Court of the Tatarstan Republic, 13/07/2022;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant in the proceedings under Article 20.2 § 8 of the CAO was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO   46352/21* 02/09/2021 Irina Sergeyevna FATYANOVA 1989     Rally in support to Mr   A.   Navalnyy   St   Petersburg   23/01/2021 article 20.2 § 2 of CAO administrative detention of 10 days St   Petersburg City Court 04/03/2021 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 05.30 p.m. on 23/01/2021 to 24/01/2021, - from 02.10 p.m. on 13/04/2021 to 14/04/2021, in both cases the applicant was detained until the hearings in her administrative-offence cases;   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: 04/03/2021, 16/03/2021 and 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 open court police officer on whose written statements the applicant’s convictions were based;   Art. 10 (1) - conviction for making calls to participate in public events - Administrative conviction under article 20.2. § 2 of the CAO for posting a call on a social network to participate in the protest in support of Mr   A.   Navalnyy scheduled in St   Petersburg: 1) on 23/01/2021 / administrative detention of 6 days / final decision: St   Petersburg City Court, 16/03/2021; 2) on 31/01/2021 / administrative detention of 10 days / final decision: St   Petersburg City Court, 18/05/2021;   Prot. 7 Art. 2 - Right of appeal against criminal conviction/sentence - the sentences of administrative detention (7 and 10 days) imposed on the applicant were executed immediately, on account of the lack of suspensive effect of an appeal under the CAO   46493/21* 04/09/2021 Mikhail Olegovich ALEKSEYEV 1990 Konstantin Vladimirovich Bubon Khabarovsk Rally in support of Mr   A.   Navalnyy   Khabarovsk   23/01/2021   article 20.2 §   6.1 of CAO fine of RUB   10,000 Khabarovsk Regional Court 10/03/2021     47071/21* 03/09/2021 Nadezhda Nikolayevna SHESTAKOVA 1956 Sergey Yuryevich Tiunov Yekaterinburg Rally in support of Mr   A.   Navalnyy   Yekaterinburg   31/01/2021   Rally against the was in Ukraine   Yekaterinburg   24/02/2022 article 20.2 § 5 of CAO             article 20.2 § 8 of CAO community works of 20 hours           administrative detention of 25 days Sverdlovsk Regional Court 25/05/2021           Sverdlovsk Regional Court, 02/03/2022, received by the applicant on 10/03/2022 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 07.15 p.m. on 24/02/2022 to 25/02/2022, 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: Sverdlovsk Regional Court, 25/05/2021 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 convictions were based       47148/21 07/09/2021 Aleksandr Andreyevich MARKIN 1999   Memorial Human Rights Centre Moscow Rally in support of Mr   A.   Navalnyy   Bryansk   23/01/2021 article 20.2 §   6.1 of CAO, article 20.2 § 5 of CAO fines of RUB   1,500 and 10,000 Bryansk Regional Court 18/03/2021 and 30/03/2021 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 02.12 p.m. on 23/01/2021 to 00.47 a.m. on 24/01/2021     49242/21* 30/09/2021 Yegor Denisovich TOKHTOBIN 2002     Rally in support of Mr   A.   Navalnyy   Moscow   31/01/2021   Rally against the war in Ukraine   Moscow   13/03/2022 article 20.2 §   6.1 of CAO             article 20.2 § 8 of CAO   administrative detention of 7   days           administrative detention of 15 days (the applicant was detained for 11 days, from 14/03/2022 till 24/03/2022 when the appeal court exempted him from the penalty) Moscow City Court 20/04/2021           Moscow City Court 24/03/2022 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 03.40 p.m. on 31/01/2021 to 04.40 p.m. on 01/02/2021, - from 03.00 p.m. on 13/03/2022 to 01.30 p.m. on 14/03/2022; both times the applicant was detained until the hearings in his administrative-offence cases;   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, 20/04/2021 and 24/03/2022;   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;   Art. 6 (1) - and Art. 6 (3) (c) - applicant’s absence from criminal proceedings - the applicant was not duly summoned to the appeal hearing of 20/04/2021 and was thus absent and not represented;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the administrative detention imposed on the applicant on 14/03/2022 was enforced immediately after the decision of the first-instance court on account of the lack of suspensive effect of an appeal under the CAO   49500/21* 22/09/2021 Dmitriy Yuryevich MALININ 1983     Rally in support of Mr   A.   Navalnyy   Kaliningrad   23/01/2021   Rally in support of Mr   A.   Navalnyy   Kaliningrad   31/01/2021   Rally in support of Mr   A.   Navalnyy   Kaliningrad   21/04/2021 article 20.2 § 5 of CAO             article 20.2 § 5 of CAO             article 20.2 § 8 of CAO community works of 20 hours           fine of RUB   10,000             fine of RUB   200,000 Kaliningrad Regional Court 23/03/2021           Kaliningrad Regional Court 01/06/2021           Kaliningrad Regional Court 29/06/2021 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 04.20 p.m. to 09.20 p.m. on 23/01/2021, - from 03.10 p.m. on 18/05/2021 to an unspecified time on the same day, when the applicant was brought to the trial court for hearing;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions: Kaliningrad Regional Court, 23/03/2021 and 01/06/2021;   Art. 6 (1) - and Art. 6 (3) (b) - unfair trial due to lack of adequate time and facilities for preparation of the defence - inability to cross-examine in open court police officer on whose written statements the applicant’s convictions were based   49632/21 14/09/2021 Vadim Leonidovich KOBZEV 1997 Anna Yevgenyevna Bochilo Barnaul Rally in support of Mr   A.   Navalnyy   Rostov-on-Don   21/04/2021 article 20.1 § 2 of CAO administrative detention of 13 days Rostov Regional Court 28/04/2021 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 11.00 p.m. on 20/04/2021 (the day before the scheduled rally) to 21/04/2021, hearing in the applicant’s administrative-offence case of petty hooliganism;   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, 28/04/2021;   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;   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   56424/21* 28/10/2021 Ilya Gennadyevich POGNERYBKO 1994     Rally in support of Mr   A.   Navalnyy   Rostov-on-Don   21/04/2021 article 20.2 §   6.1 of CAO administrative detention of 9   days Rostov Regional Court 28/04/2022 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 08/05/2022 to 10.30 a.m. on 10/05/2022;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions: Rostov Regional Court, 28/04/2022 and 11/07/2022;   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 open court police officer on whose written statements the applicant’s convictions were based;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentences of administrative detention imposed on the applicant on 22/04/2021 and 10/05/2022 were executed immediately, on account of the lack of suspensive effect of an appeal under the CAO     56623/21* 21/10/2021 Ernest Aleksandrovich MEZAK 1976 Aleksey Nikolayevich Laptev Moscow 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 20.2 § 5 of CAO, article 19.3 § 1 of CAO fine of RUB   10,000             fine of RUB   17,000, administrative detention of 12 days Supreme Court of the Komi Republic 16/06/2021         Supreme Court of the Komi Republic, 21/04/2021 and 02/06/2021 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 12.25 p.m. to 11:30 p.m. on 31/01/2021, - from 4.50 a.m. to 3.30 p.m. on 10/03/2021 (in an administrative-offence case related to the applicant’s alleged disobedience 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: Supreme Court of the Komi Republic, 21/04/2021, 02/06/2021, 16/06/2021 and 15/12/2021;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentences of administrative detention imposed on the applicant by the court of first instance on 10/03/2021 (upheld on 02/06/2021) and 19/03/2021 (upheld on 15/12/2021) were 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 participating in the same public rally on 31/01/2021: under art. 19.3 § 1 (administrative detention) and under art. 20.2 § 5 (fine) of the CAO     57204/21* 29/10/2021 Alina Sergeyevna IVANOVA 1996 Nikolay Sergeyevich Zboroshenko Mytishchi Rally in support of Mr   A.   Navalnyy   Moscow   31/07/2018                             Rally in support of Mr   A.   Navalnyy   Moscow   23/01/2021   Rally in support of Mr   A.   Navalnyy   Moscow   31/01/2021 article 20.2 § 5 of CAO                                       article 20.2 § 5 of CAO             article 20.2 § 5 of CAO after having been taken to the police station, the applicant was not brought to liability as the District Court returned the case to the police, then the case became time barred. The applicant lodged a civil compensation suit, which was dismissed   fine of RUB   10,000             fine of RUB   10,000 Single judge of the Supreme Court of Russia 04/06/2021                                   Moscow City Court 29/06/2021           Moscow City Court 21/07/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence: - from 7.00 p.m. to 11.00 p.m. on 31/07/2018, (detention in excess of 3 hours and without “exceptional circumstances”), - from 05.15 p.m. on 23/01/2021 to an unspecified time, - from 06.20 p.m. on 31/01/2021 to an unspecified time, - on an unspecified time on 09/08/2021,   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, 29/06/2021, 21/07/2021 and 07/09/2021;   Art. 10 (1) - various restrictions on the right to freedom of expression - On 07/08/2021, the applicant took part in a spontaneous solo performance – lowered her pants in front of the police department in Arbat District in Moscow. The purpose of her actions was to express her disagreement with an earlier arrest of 2   residents of Yekaterinburg for the same actions. She was arrested on 09/08/2021. The police officers drew up an administrative offence record under art. 20.1 § 1 of the CAO – petty hooliganism. The applicant was sentenced to 3   days of administrative detention. Final decision: Moscow City Court, 07/09/2021;   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 officer on whose written statements the applicant’s convictions were based     57907/21* 26/10/2021 Sergey Arlenovich ZYKOV 1972 Roman Yevgenyevich Kachanov Yekaterinburg Rally in support of Mr   A.   Navalnyy   Yekaterinburg   23/01/2021   Rally in support of Mr   A.   Navalnyy   Yekaterinburg   31/01/2021 article 20.2 § 5 of CAO             article 20.2 § 5 of CAO community works of 30 hours           community works of 35 hours Sverdlovsk Regional Court 23/06/2021           Sverdlovsk Regional Court 23/06/2021 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 07.10 p.m. on 21/04/2021 to 09.30 a.m. on 22/04/2021, 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: Sverdlovsk Regional Court, 23/06/2021 (two decisions), 27/04/2021 and 07/05/2021;   Art. 10 (1) - conviction for making calls to participate in public events - Administrative conviction: 1) for a post on Facebook calling upon public to participate in public rallies in support of Mr   A.   Navalnyy / article 20.2 § 2 of the CAO / administrative detention of 9 days / final decision: Sverdlovsk Regional Court on 27/04/2021;   2) for having been given flyers encouraging to participate in public rallies in support of Mr   A.   Navalnyy / article 19.3 § 1 of the CAO / administrative detention of 15 days / final decision: Sverdlovsk Regional Court, 07/05/2021;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentences of administrative detention imposed on the applicant by the courts of first instance were executed immediately, on account of the lack of suspensive effect of an appeal under the CAO   45469/22 26/08/2022 Zulfiya Mudarisovna SITDIKOVA 1976 Rim Faridovich Sabirov Kazan Rally against the war in Ukraine   Kazan   06/03/2022 article 20.2 § 2 of CAO fine of RUB   10,000 Supreme Court of the Tatarstan Republic 27/04/2022 Art. 5 (1) - unlawful deprivation of liberty: 1) 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 2.05 p.m. on 06/03/2022 to 08/03/2022, hearing in the applicant’s administrative-offence case, - from 07.10 p.m. on 06/07/2022 to 08/07/2022, hearing in the applicant’s administrative-offence case under art. 19.3 of the CAO (disobedience; no link with any particular rally), 2) unlawful escorting to the police station for the same purpose, from 9.30 to 11.50 p.m. on 14/06/2022;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions: Supreme Court of the Tatarstan Republic, 27/04/2022, 27/07/2022 and 24/08/2022;   Art. 10 (1) - conviction for the display of slogans/banners/other symbols by participants in public events - The applicant was arrested on 14/06/2022, during a rock-concert in Kazan, for wearing a shirt with "No war" sign. An administrative offence record was drawn up under art. 20.3.3 of the CAO (administrative offence of “publicly discrediting the use of Russian military forces for upholding international peace and security”). On 22/07/2022, the Novo-Savinovkiy District Court of Kazan convicted the applicant thereunder and sentenced her to a fine of RUB   40,000. Final decision: Supreme Court of the Tatarstan Republic, 24/08/2022;   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 on 08/07/2022, under art. 19.3 § 1 of the CAO was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO  Citations
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Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;COMMUNICATEDCASES;ENG
- Date
- 5 octobre 2023
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:001-228443
Données disponibles
- Texte intégral
- Résumé officiel