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   THIRD SECTION Application no.   57870/21 Vadim Aleksandrovich GENERALOV against Russia and 17 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 / criminal charges Penalty Final domestic decision Court Name Date Other complaints under well-established case-law     57870/21* 08/11/2021 Vadim Aleksandrovich GENERALOV 1991 Veronika Yuryevna Karagodina St Petersburg Rally "Free Navalnyy"   St Petersburg   31/01/2021 article 20.2 § 6.1 of CAO fine of RUB   10,000 St Petersburg City Court 22/06/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the police officers on whose written statements the conviction was based,   Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report,   Art. 6 (3) (c) - own choice of legal assistance - restriction of the lawyer’s access to the applicant at the police station on 31/01/2021     57961/21* 18/11/2021 Irina Andreyevna MAKSIMOVA 1995 Yelena Yuryevna Pershakova Moscow Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 § 6.1 of CAO fine of RUB   15,000 Moscow City Court 21/05/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the police officers on whose written statements the conviction was based,   Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report     58136/21* 11/10/2021 Yevgeniy Yevgenyevich KALENKOVICH 1988 Yelena Yuryevna Pershakova Moscow Rally "Free Navalnyy"   Moscow   23/01/2021 article 20.2 § 6.1 of CAO fine of RUB   15,000 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 23/01/2021 until 25/01/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the police officers on whose written statements the conviction was based     58252/21* 18/11/2021 Pavel Alekseyevich SHAPOSHNIKOV 1990 Yelena Yuryevna Pershakova Moscow Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 § 6.1 of CAO fine of RUB   10,000 Moscow City Court 19/05/2021 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 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the police officers on whose written statements the conviction was based     59678/21* 18/11/2021 Vladislav Vladimirovich ISAK 1985 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 25/05/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the police officers on whose written statements the conviction was based,   Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 31/01/2021 until 02/02/2021,   Art. 6 (3) (c) - own choice of legal assistance - despite the applicant’s lawyer being present at the police station she was refused access to him     60770/21* 07/12/2021 Aleksandr Yevgenyevich RUDENKO 1991 Yelena Yuryevna Pershakova Moscow Rally "Free Navalnyy"   Perm   31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Perm Regional Court 10/06/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the police officers on whose written statements the conviction was based,   Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report     61175/21* 23/11/2021 Aleksey Valeryevich VINNIKOV 2001 Konstantin Aleksandrovich Markin Velikiy Novgorod Rally "Free Navalnyy"   Moscow   02/02/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 05/07/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the police officers on whose written statements the conviction was based,   Art. 5 (1) - unlawful detention - escorting to the police station on 02/02/2021 for compiling an offence report     61237/21* 21/11/2021 Dmitriy Mikhaylovich PETRIK 1989 Marina Alekseyevna Dubrovina Novorossiysk Rally "Free Navalnyy"   Novorossiysk   21/04/2021 article 20.2.2 § 1 of CAO detention of 5 days Krasnodar Regional Court 23/06/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the police officers on whose written statements the 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.     61339/21* 21/11/2021 Lyubov Nikolayevna PARYGINA 1999 Marina Alekseyevna Dubrovina Novorossiysk Rally "Free Navalnyy"   Anapa   21/04/2021 article 20.2 § 5 of CAO fine of RU   10,000 Krasnodar Regional Court 30/06/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the police officers on whose written statements the conviction was based,   Art. 5 (1) - unlawful detention - escorting to the police station on 21/04/2021 for compiling an offence report   61359/21* 01/11/2021 Maksim Yuryevich BANYAYEV 1989 Konstantin Aleksandrovich Markin Strasbourg 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   20,000           detention of 5 days Moscow City Court 29/09/2021         Moscow City Court 21/05/2021 Art. 5 (1) - unlawful detention   1) escorting to the police station on 23/01/2021 for compiling an offence report;   2) escorting to and detention at the police station after compiling an offence report from 00.20 a.m. on 02/02/2021 until 14.30 p.m. on 03/02/2021,   Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the police officers on whose written statements the 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.   61531/21* 06/12/2021 Kseniya Alekseyevna MAZUROVA 2002 Konstantin Aleksandrovich Markin Velikiy Novgorod Rally "Free Navalnyy"   Velikiy Novgorod   21/04/2021 article 20.2 § 5 of CAO 20 hours of community work Novgorod Regional Court 15/06/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the police officers on whose written statements the conviction was based,   Art. 5 (1) - unlawful detention - escorting to the police station on 21/04/2021 for compiling an offence report   61752/21* 21/11/2021 Aleksandr Alekseyevich ANTONOV 1994 Marina Alekseyevna Dubrovina Novorossiysk Rally "Free Navalnyy"   Novorossiysk   21/04/2021 article 20.2.2 § 1 of CAO detention of 5 days Krasnodar Regional Court 28/06/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (3) (d) - examination/attendance of witnesses - inability to cross-examine in open court the police officers on whose written statements the 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.   61776/21* 21/11/2021 Yekaterina Anatolyevna LAKHTIKOVA 1983 Roman Yevgenyevich Kachanov Yekaterinburg Rally "Free Navalnyy"   Ekaterinburg   31/01/2021 article 20.2 § 5 of CAO 20 hours of community work Sverdlovsk Regional Court 27/05/2021 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   11758/23* 02/03/2023 Lyubov Aleksandrovna PLOSHKINA 1999     Anti-war protest   Moscow   24/02/2022 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 03/11/2022 Art. 5 (1) - unlawful detention - escorting to the police station on 24/02/2022 for compiling an offence report   12162/23* 25/02/2023 Yekaterina Andreyevna ZHILINA 1989 Natalya Andreyevna Baranova Moscow Anti-war protest   Moscow   24/02/2022 article 20.2 § 5 of CAO fine of RUB   20,000 Moscow City Court 25/10/2022 Art. 5 (1) - unlawful detention - escorting to the police station on 24/02/2022 for compiling an offence report   12463/23* 03/03/2023 Yekaterina Yevgenyevna ABAYEVA-GILDEBRAND 1999     Anti-war protest   Moscow   06/03/2022 article 20.2 § 5 of CAO fine of RUB   20,000 Moscow City Court 03/11/2022 Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report   13472/23* 13/02/2023 Marina Yuryevna LYUBIMOVA 1974     Anti-war protest   Moscow   13/03/2022 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 13/10/2022 Art. 5 (1) - unlawful detention - escorting to the police station on 13/03/2022 for compiling an offence report   14243/23* 16/03/2023 Anastasiya Romanovna ANDRYUSHCHENKO       Anti-war protest   Moscow   24/02/2022 article 20.2 § 5 of CAO fine of RUB   15,000 Moscow City Court 21/11/2022 Art. 5 (1) - unlawful detention - escorting to the police station on 24/02/2022 for compiling an offence report