CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 5 octobre 2023
- ECLI
- ECLI:CEDH:001-228446
- Date
- 5 octobre 2023
- Publication
- 5 octobre 2023
droits fondamentauxCEDH
Source : DILA / Judilibre · open data
Mes notes
privées · visibles par vous seulRésumé structuré
version préliminaireFaits
Non déterminable à partir du texte fourni.
Procédure
Non déterminable à partir du texte fourni.
Question juridique
Non déterminable à partir du texte fourni.
Solution
source officielleCommunicated
Résumé généré automatiquement — à vérifier avec la décision originale.
Analyse IA non disponible
Générez un résumé intelligent de cette décision
Texte intégral
.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 } .s95C03943 { margin-top:12pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-size:8pt } Published on 30 October 2023   THIRD SECTION Application no.   44761/21 Sergey Nikolayevich STEPANOV against Russia and 38 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     44761/21* 24/08/2021 Sergey Nikolayevich STEPANOV 1973   Memorial Human Rights Centre Moscow Manifestation in support of A. Navalnyy   Tambov 23/01/2021   Manifestation in support of A. Navalnyy   Tambov 21/04/2021 article 20.6.1 of CAO           article 20.2 §   8 of CAO     article 20.6.1 § 2 of CAO administrative fine of RUB   30,000         administrative fine of RUB   30,000   administrative fine of RUB   30,000 Tambov Regional Court 07/04/2021         Tambov Regional Court 29/04/2021   Tambov Regional Court 28/07/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 28/04/2021 - Detention as an administrative suspect: the applicant remained in detention after the offence record had been compiled (see Korneyeva v. Russia, no. 72051/17, § 35, 8 October 2019) (raised in the administrative proceedings),   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant by the trial court was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO (see Tsvetkova and Others v. Russia, nos.   54381/08 and 5 others, §§ 179-191, 10 April 2018; Martynyuk v. Russia, no. 13764/15, §§ 38-42., 8 October 2019). Two administrative sentences: Oktyabrskiy District Court of Tambov 29/01/2021 and 28/04/2021,   Art. 10 (1) - conviction for making calls to participate in public events – 1) the applicant was convicted under article 20.2 § 2 of CAO for posting information about the manifestation in support of A. Navalnyy in Tambov on 23/01/2021, administrative detention of 7 days; final decision on the matter was taken by the Tambov Regional Court on 24/02/2021; 2) On 05/03/2022 the applicant posted an anti-war statement on his page in VKontakte social network in which he expressed negative attitude towards the war in Ukraine. He was convicted of an administrative offence of discreditation of the Russian Army under 20.3.3 § 1 CAO. Final decision –Tambov Regional Court on 30/04/2022. Administrative fine of RUB   40,000,   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant complains that he was punished twice for essentially the same action under article 20.6 § 1 of CAO and Article 20.2 § 8 of CAO (Final - Tambov Regional Court 29/04/2021 and 28/07/2021)     49126/21* 12/09/2021 Galina Aleksandrovna KONINA 1962 Anna Yevgenyevna Bochilo Barnaul Picket in support of protests in Belarus   Kaliningrad 22/08/2020     Solidarity Manifestation with protesters in Khabarovsk   Kaliningrad 29/08/2020     Solidarity Manifestation with protesters in Khabarovsk   Kaliningrad 12/09/2020     Solidarity Manifestation with protesters in Khabarovsk   Kaliningrad 10/10/2020     Solidarity Manifestation with protesters in Khabarovsk   Kaliningrad 24/10/2020 article 20.2 §   5 of CAO             article 20.2 §   5 of CAO               article 20.2 §   5 of CAO               article 20.2 §   5 of CAO               article 20.2 §   5 of CAO fine of RUB   10,000             fine of RUB   10,000               fine of RUB   10,000               fine of RUB   10,000               fine of RUB   10,000 Kaliningrad Regional Court 15/06/2021           Kaliningrad Regional Court 01/06/2021             Kaliningrad Regional Court 20/04/2021             Kaliningrad Regional Court 30/03/2021             Kaliningrad Regional Court 11/05/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in respect of the proceedings which ended on 30/03/2021 and 15/06/2021,       13131/22* 17/02/2022 Stepan Vladimirovich SOLOVYEV 1987   Memorial Human Rights Centre Moscow Manifestation in support of A.   Navalnyy   Moscow   31/01/2021 article 20.2 §   6.1 of CAO administrative detention of 7   days Moscow City Court 23/08/2021 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 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant by the trial court was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO (see Tsvetkova and Others v. Russia, nos.   54381/08 and 5 others, §§   179-191, 10 April 2018; Martynyuk v. Russia, no. 13764/15, §§   38-42., 8 October 2019)     14823/22* 27/02/2022 Dmitriy Sergeyevich PERMYAKOV 1996 Daniil Alekseyevich Polyakov Voronezh Manifestation in support of A. Navalnyy   Voronezh   21/04/2021 article 20.2 §   5 of CAO fine of RUB   10,000 Voronezh Regional Court 31/08/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 7.40 p.m. on 21/04/2021 to 5.20 a.m. on 22/04/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 §   1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no.   72051/17, §   34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019); Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos.   54381/08 and 5 others, §§   121-22, 10 April 2018) (raised in the administrative proceedings),   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings     23047/22* 15/04/2022 Dmitriy Sergeyevich YELISEYEV 1991   Memorial Human Rights Centre Moscow Manifestation in support of A. Navalnyy   Arkhangelsk   31/01/2021 article 20.2 §   5 of CAO fine of RUB   10,000 Arkhangelsk Regional Court 28/10/2021 Art. 5 (1) - unlawful deprivation of liberty - arrest on 31/01/2021 for the sole purpose of drawing up a record of administrative offence (raised in the proceedings),   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings     44864/22* 08/09/2022 Dmitriy Petrovich ANDROSOV 1990 Natalya Andreyevna Baranova Moscow Manifestation against Mr Putin’s presidency   Moscow   21/11/2021 article 20.2 §   5 of CAO fine of RUB   10,000 Moscow City Court 11/05/2022 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 deprivation of liberty - arrest on 21/11/2021- Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 §   1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, §   34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019) (the complaint was raised in the administrative proceedings)     50670/22* 04/10/2022 Veronika Andreyevna KUKUSHKINA 2000 Olga Vladimirovna Sirinova St Petersburg Manifestation   St Petersburg   02/03/2022 article 20.2 §   6.1 of CAO fine of RUB   10,000 St Petersburg City Court 07/07/2022       50872/22* 15/10/2022 Viktoriya Vadimovna KAMAYEVA 1996 Aleksey Sergeyevich Lapuzin Samara Anti-war manifestation   Samara   27/02/2022 article 20.2 §   5 of CAO fine of RUB   10,000 Samara Regional Court 16/06/2022 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention from 3.40 p.m. to 9.30   p.m. on 27/02/2022 - Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos.   54381/08 and 5 others, §§   121-22, 10 April 2018) (raised in the administrative proceedings),   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings     50878/22* 19/10/2022 Yekaterina Igorevna IVANOVA 1984 Natalya Andreyevna Baranova Moscow Anti-war manifestation   Moscow   24/02/2022 article 20.2 §   5 of CAO fine of RUB   20,000 Moscow City Court 21/06/2022 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 deprivation of liberty - arrest and detention on 24/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 §   1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, §   34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019) (raised in 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 open court police officer on whose written statements the applicant’s conviction was based   51217/22* 20/10/2022 Nikolay Aleksandrovich TEPLOV 1982 Nikifor Yuryevich Ivanov St Petersburg Anti-war manifestation   St Petersburg   24/02/2022 article 20.2.2 §   1 of CAO fine of RUB   5,000 St Petersburg City Court 21/06/2022 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded arrest and detention on 24/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 §   1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, §   34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019) (raised in the administrative proceedings);   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   51427/22* 22/10/2022 Aleksandr Gennadyevich CHERNETSOV 1986 Konstantin Borisovich Kartashov Penza Manifestation against online voting   Penza   24/03/2022 article 20.2 §   5 of CAO 20 hours of community service Penza Regional Court 23/06/2022 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceeding   54417/22 02/11/2022 Arkadiy Mikhaylovich BURDIN 1987 Nataliya Andreyevna Baranova Moscow Anti-war manifestation   Moscow   25/02/2022 article 20.2 §   5 of CAO fine of RUB   20,000 Moscow City Court 13/07/2022 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 deprivation of liberty - Arrest and detention from 7.30 p.m. on 25/02/2022 to 4.00 a.m. on 26/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 §   1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no.   72051/17, §   34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019); Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos.   54381/08 and 5 others, §§   121-22, 10 April 2018) (raised in the administrative proceedings)   54522/22 03/11/2022 Konstantin Victorovich BOGOSLAVSKIY 1982 Natalya Andreyevna Baranova Moscow Anti-war protest   Moscow   24/02/2022 article 20.2 §   5 of CAO fine of RUB   10,000 Moscow City Court 13/07/2022 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 deprivation of liberty- on 24/02/2022 the applicant was taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 §   1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, §   34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019) (raised in 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 open court police officer on whose written statements the applicant’s conviction was based   55440/22 01/11/2022 Yevgeniya Aleksandrovna MAKSIMOVA 1966 Nataliya Andreyevna Baranova Moscow Anti-war manifestation   Moscow   24/02/2022 article 20.2 §   5 of CAO fine of RUB   20,000 Moscow City Court 15/07/2022 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 deprivation of liberty - arrest and detention from 7.30 p.m. on 24/02/2022 to 5.05 a.m. on 25/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 §   1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no.   72051/17, §   34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019); Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos.   54381/08 and 5 others, §§   121-22, 10 April 2018) (raised in the administrative proceedings),   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - The applicant was unable to confront the police officers on whose statements her conviction was based   55473/22 02/11/2022 Nariman Umalatovich SULTANOV 1968 Natalya Andreyevna Baranova Moscow Anti-war manifestation   Moscow   13/03/2022 article 20.2 §   5 of CAO fine of RUB   15,000 Moscow City Court 29/07/2022 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 deprivation of liberty - arrest and detention from 3.45 p.m. on 13/03/2022 to 1.20 a.m. on 14/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 §   1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no.   72051/17, §   34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019); Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos.   54381/08 and 5 others, §§   121-22, 10 April 2018) (raised in 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 open court police officer on whose written statements the applicant’s conviction was based - decisive evidence, the courts refused to interview the police officers for no reason, no remedy for their absence.   55762/22* 15/11/2022 Anastasiya Ruslanovna RUL 2002 Kseniya Dmitriyevna Prosvirkina Moscow Anti-war protest   Moscow   28/02/2022 article 20.2 §   5 of CAO fine of RUB   10,000 Moscow City Court 15/07/2022 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 deprivation of liberty - Arrest and detention from 7.50 p.m. on 28/02/2022 to 1 a.m. on 01/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 §   1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no.   72051/17, §   34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019); Detention as an administrative suspect: beyond the three-hour statutory period (Art.   27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos.   54381/08 and 5 others, §§   121-22, 10 April 2018) (raised in 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 open court police officer on whose written statements the applicant’s conviction was based   55881/22* 19/11/2022 Lidiya SUBBOTINA 1996     Anti-war manifestation   Moscow   24/02/2022 article 20.2 §   5 of CAO fine of RUB   20,000 Moscow City Court 19/07/2022 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 deprivation of liberty - Arrest and detention on 24/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art.   27.2 §   1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no.   72051/17, §   34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019) (raised in the administrative proceedings)   55970/22 24/11/2022 Tatyana Grigoryevna ROSHCHINA 1956 Valeriya Aleksandrovna Arshinova Moscow Anti-war manifestation   Moscow   06/03/2022 article 20.2 §   6.1 of CAO fine of RUB   20,000 Moscow City Court 25/07/2022 Art.   5 (1) - unlawful deprivation of liberty – on 06/03/2022 the applicant was taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art.   27.2 §   1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no.   72051/17, §   34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019) (raised in the administrative proceedings),   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 open court police officer on whose written statements the applicant’s conviction was based   36/23* 11/11/2022 Igor Andreyevich POLETAYEV 1985     Anti-war manifestation   Moscow   06/03/2022 article 20.2 §   5 of CAO fine of RUB   12,000 Moscow City Court 19/07/2022 Art.   5 (1) - unlawful deprivation of liberty - arrest and detention on 06/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art.   27.2 §   1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no.   72051/17, §   34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019) (raised in the administrative proceedings),   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 - The applicant was unable to confront the police officers on whose statements his conviction was based   300/23* 09/11/2022 Stepan Georgiyevich MAKSIMOV 1993     Manifestation against the war in Ukraine   Moscow   24/02/2022 article 20.2 §   5 of CAO fine of RUB   15,000 Moscow City Court 11/07/2022 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 deprivation of liberty - arrest and detention from 24/02/2022 to 25/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art.   27.2 §   1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no.   72051/17, §   34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019); (raised in the administrative proceedings),   Art.   6 (1) - and Art.   6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - The applicant was unable to confront the police officers on whose statements his conviction was based   926/23* 28/11/2022 Gleb Yevgenyevich KOSAREV 1991     Anti-war manifestation   Kazan   06/03/2022 article 20.2 §   5 of CAO fine of RUB   10,000 Supreme Court of the Tatarstan Republic 27/07/2022 (received on the following days) Art.   5 (1) - unlawful deprivation of liberty - arrest and detention from 2.50 p.m. on 06/03/2022 to 3.40. a.m. on 08/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art.   27.2 §   1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no.   72051/17, §   34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019); Detention as an administrative suspect: beyond the three-hour statutory period (Art.   27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos.   54381/08 and 5 others, §§   121-22, 10 April 2018) (raised in the administrative proceedings)   1057/23* 26/12/2022 Darya Valeryevna IVANOVA 1994     Anti-war manifestation   Moscow   20/03/2022 article 20.2 §   5 of CAO fine of RUB   10,000 Moscow City Court 15/09/2022 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 deprivation of liberty - arrest and detention on 20/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art.   27.2 §   1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no.   72051/17, §   34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019) (raised in the administrative proceedings)   1502/23* 19/12/2022 Aleksey Andreyevich ILYUSHKIN 2003     Anti-war manifestation   Moscow   24/02/2022 article 20.2 §   5 of CAO fine of RUB   10,000 Moscow City Court 23/08/2022 Art.   5 (1) - unlawful deprivation of liberty - arrest and detention from 9 p.m. on 24/02/2022 to 4.50 a.m. on 25/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art.   27.2 §   1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no.   72051/17, §   34, 8   October 2019; Ryabinina and Others v. Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019); Detention as an administrative suspect: beyond the three-hour statutory period (Art.   27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos.   54381/08 and 5 others, §§   121-22, 10 April 2018) (raised in the administrative proceedings),   Art.   6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   1506/23* 24/12/2022 Marina Alekseyevna SHUMSKIKH 1967     Anti-war manifestation   Moscow   24/02/2022 article 20.2 §   5 of CAO fine of RUB   10,000 Moscow City Court 05/09/2022 Art.   5 (1) - unlawful deprivation of liberty - arrest and detention from 7.15 p.m. on 24/02/2022 to 2 a.m. on 25/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art.   27.2 §   1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no.   72051/17, §   34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019); Detention as an administrative suspect: beyond the three-hour statutory period (Art.   27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos.   54381/08 and 5 others, §§   121-22, 10 April 2018) (raised in the administrative proceedings),   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 - The applicant was unable to confront police officers on whose statement her conviction was based   1511/23* 23/12/2022 Mikhail Vladimirovich LEBEDEV 2003     Anti-war manifestation   Moscow   28/02/2022 article 20.2 §   5 of CAO fine of RUB   20,000 Moscow City Court 23/08/2022 Art.   5 (1) - unlawful deprivation of liberty - arrest and detention on 28/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art.   27.2 §   1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no.   72051/17, §   34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019) (raised in the administrative proceedings),   Art.   6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   1555/23* 16/12/2022 Konstantin Vladimirovich ANTONOV 1983 Olesya Anatolyevna Vasilchenko Minyar Anti-war manifestation   St Petersburg   06/03/2022 article 20.2.2 §   1 of CAO fine of RUB   10,000 St Petersburg City Court 29/09/2022 Art.   5 (1) - unlawful deprivation of liberty - arrest and detention from 2.15 p.m. on 06/03/2022 to 5 p.m. on 07/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art.   27.2 §   1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no.   72051/17, §   34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019); Detention as an administrative suspect: beyond the three-hour statutory period (Art.   27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos.   54381/08 and 5 others, §§   121-22, 10 April 2018) (raised in the domestic proceedings)   1561/23* 16/12/2022 Yelizaveta Yevgenyevna SINYUTKINA 2001 Olesya Anatolyevna Vasilchenko Minyar Manifestation against the war in Ukraine   St Petersburg   06/03/2022 article 20.2.2 §   1 of CAO fine of RUB   10,000 St Petersburg City Court 29/09/2022 Art.   5 (1) - unlawful deprivation of liberty - arrest and detention from 5 p.m. on 06/03/2022 to 5 p.m. on 07/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art.   27.2 §   1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no.   72051/17, §   34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019); Detention as an administrative suspect: beyond the three-hour statutory period (Art.   27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos.   54381/08 and 5 others, §§   121-22, 10 April 2018) (raised in the administrative proceedings   1620/23* 13/12/2022 Darya Nikolayevna YURCHENKO 2001 Mariya Sergeyevna Zyryanova St Petersburg Anti-war manifestation   St Petersburg   27/02/2022 article 20.2.2 §   1 of CAO fine of RUB   15,000 St Petersburg City Court 13/08/2022 Art.   5 (1) - unlawful deprivation of liberty - arrest and detention on 27/02/2019 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art.   27.2 §   1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no.   72051/17, §   34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019); Detention as an administrative suspect: the applicant remained in detention after the offence record had been compiled (see Korneyeva v. Russia, no.   72051/17, §   35, 8 October 2019) (raised in the administrative proceedings);   Art.   6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   2129/23* 23/12/2022 Yuliya Romanovna PUGACHEVA 1996     Anti-war manifestation   Moscow   02/04/2022 article 20.2 §   5 of CAO fine of RUB   20,000 Moscow City Court 23/08/2022 Art.   5 (1) - unlawful deprivation of liberty - arrest and detention on 02/04/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art.   27.2 §   1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no.   72051/17, §   34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019) (raised in the administrative proceedings),   Art.   6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   2141/23 25/11/2022 Nadezhda Olegovna KHALDEYEVA 1993 Nataliya Andreyevna Baranova Moscow Anti-war manifestation   Moscow   06/03/2022 article 20.2 §   5 of CAO fine of RUB   10,000 Moscow City Court 29/07/2022 Art.   5 (1) - unlawful deprivation of liberty - arrest and detention from 5.20 p.m. on 06/03/2022 to 5.10 a.m. on 07/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art.   27.2 §   1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no.   72051/17, §   34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019); Detention as an administrative suspect: beyond the three-hour statutory period (Art.   27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos.   54381/08 and 5 others, §§   121-22, 10 April 2018) (raised in the administrative proceedings),   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 - The applicant was unable to confront police officers on whose statement her conviction was based   2158/23* 01/12/2022 Denis Aleksandrovich PONOMAREV 1974 Natalya Andreyevna Baranova Moscow Anti-war manifestation   Moscow   06/03/2022 article 20.2 §   5 of CAO fine of RUB   10,000 Moscow City Court 29/09/2022 Art.   5 (1) - unlawful deprivation of liberty - arrest and detention on 06/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art.   27.2 §   1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no.   72051/17, §   34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019) (raised in the administrative proceedings)   2161/23* 09/12/2022 Grigoriy Nikolayevich TIKHONOV 2001     Anti-war manifestation   Moscow   06/03/2022 article 20.2 §   5 of CAO fine of RUB   10,000 Moscow City Court 09/08/2022 Art.   5 (1) - unlawful deprivation of liberty - arrest and detention from 2 p.m. to 10 p.m. on 06/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art.   27.2 §   1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no.   72051/17, §   34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019); Detention as an administrative suspect: beyond the three-hour statutory period (Art.   27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos.   54381/08 and 5   others, §§   121-22, 10 April 2018) (raised in the administrative proceedings),   Art.   6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   2165/23* 30/11/2022 Yevgeniya Vladislavovna KOVESHNIKOVA 1979 Natalya Andreyevna Baranova Moscow Anti-war manifestation   Moscow   06/03/2022 article 20.2 §   5 of CAO fine of RUB   10,000 Moscow City Court 11/08/2022 Art.   5 (1) - unlawful deprivation of liberty - arrest and detention from 2.40 p.m. to 11.15   p.m. on 06/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art.   27.2 §   1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no.   72051/17, §   34, 8   October 2019; Ryabinina and Others v. Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019); Detention as an administrative suspect: beyond the three-hour statutory period (Art.   27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos.   54381/08 and 5 others, §§   121-22, 10 April 2018) (raised in the administrative proceedings),   Art.   6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   2300/23* 04/01/2023 Andrey Yevgenyevich POVALIKHIN 1979 Anna Yevgenyevna Bochilo Barnaul Anti-war manifestation   Moscow   06/03/2022 article 20.2 §   5 of CAO fine of RUB   10,000 Moscow City Court 23/08/2022 (obtained a copy of the final decision after 02/12/2022) Art.   5 (1) - unlawful deprivation of liberty - arrest and detention on 06/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art.   27.2 §   1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no.   72051/17, §   34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019) (raised in the administrative proceedings),   Art.   6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   2305/23* 12/12/2022 Anastasiya Sergeyevna ARISTARKHOVA 1989 Arkadiy Vitalyevich Shindyapin Moscow Women’s anti-war march   Moscow   06/03/2022 article 20.2 §   5 of CAO fine of RUB   10,000 Moscow City Court 15/08/2022 Art.   6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   2365/23* 04/01/2023 Oleg Rostislavovich MIROSHNIKOV 1979 Anna Yevgenyevna Bochilo Barnaul Anti-war manifestation   Moscow   06/03/2022 article 20.2 §   5 of CAO fine of RUB   15,000 Moscow City Court 07/09/2022 Art.   5 (1) - unlawful deprivation of liberty - arrest and detention on 06/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art.   27.2 §   1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no.   72051/17, §   34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019) (raised in the administrative proceedings),   Art.   6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   2440/23 18/12/2022 Darya Valeryevna SIMONOVA 1998 Mariya Sergeyevna Zyryanova St Petersburg Anti-war manifestation   St Petersburg   27/02/2022 article 20.2.2 §   1 of CAO fine of RUB   15,000 St Petersburg City Court 18/08/2022 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 open court police officer on whose written statements the applicant’s conviction was based,   Art.   5 (1) - unlawful deprivation of liberty - arrest and detention on 27/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art.   27.2 §   1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no.   72051/17, §   34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019) (raised in the administrative proceedings)   2478/23 18/12/2022 Polina Vasilyevna SEMENOVA 2000 Mariya Sergeyevna Zyryanova St Petersburg Anti-war manifestation   St Petersburg   27/02/2022 article 20.2.2 §   1 of CAO fine of RUB   15,000 St Petersburg City Court 18/08/2022 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 open court police officer on whose written statements the applicant’s conviction was based,   Art.   5 (1) - unlawful deprivation of liberty - arrest and detention on 27/02/20122 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art.   27.2 §   1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no.   72051/17, §   34, 8 October 2019; Ryabinina and Others v.   Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019) (raised in the administrative proceedings)   2655/23* 26/12/2022 Aleksey Nikolayevich NAZAROV 1982     Manifestation against the war in Ukraine   Moscow   06/03/2022 article 20.2 §   5 of CAO fine of RUB   20,000 Moscow City Court 29/08/2022 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 deprivation of liberty - Arrest and detention on 06/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art.   27.2 §   1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no.   72051/17, §   34, 8 October 2019; Ryabinina and Others v.   Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019) (raised in the administrative proceedings)  Citations
Aucune citation répertoriée pour cette décision.
Décisions connexes
Aucune décision similaire identifiée pour le moment.
Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;COMMUNICATEDCASES;ENG
- Date
- 5 octobre 2023
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:001-228446
Données disponibles
- Texte intégral
- Résumé officiel