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 } .s5FFF0A7E { margin-top:0pt; margin-bottom:0pt; font-size:8pt } .s4D98C120 { margin-top:0pt; margin-bottom:6pt; text-align:center; font-size:8pt } Published on 30 October 2023   SECOND SECTION Application no.   63358/16 Irina Aleksandrovna YATSENKO against Russia and 27 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 10 § 1 of the Convention relating to disproportionate measures against solo demonstrators which are the subject of well-established case law of the Court (see Novikova and Others v. Russia, nos. 25501/07 and 4 others, 26 April 2016, and Lashmankin and Others v. Russia, nos. 57818/09 and 14 others, 7 February 2017).   APPENDIX – STATEMENT OF FACTS List of applications raising complaints under Article 10 § 1 of the Convention (disproportionate measures against solo demonstrators) No. Application no. Date of introduction Applicant’s name Year of birth   Representative’s name and location Location Date Purpose of the demonstration Administrative charges Penalty Final domestic decision Date Name of the court Other relevant information Other complaints under well-established case-law     63358/16* 21/10/2016 Irina Aleksandrovna YATSENKO 1981 Nikolay Sergeyevich Zboroshenko Mytishchi (i) Moscow, 09/01/2016, Solo demonstration with a poster "Get rid of fear and find freedom"   (ii) Moscow, 14/03/2020, Support of the accused in the "Network" (Set’) case (i) article 20.2 § 5 of CAO, administrative fine of RUB   10,000,           (ii) article 20.2 § 5 of the CAO, administrative fine of RUB 20,000 (i) 22/04/2016, Moscow City Court;             (ii) 04/09/2020, Moscow City Court (i) distance requirement - event classified as assembly post facto       (ii) rotation - event classified as assembly post facto Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention (i) on 09/01/2016 for the sole purpose of drawing up a record of administrative offence; (ii) between 08/03/2016 and 09/03/2016 as administrative suspect, after the offence record had been compiled; and (iii) between 14/03/2020 and at least 15/03/2020 as administrative suspect, in excess of three hours, after the offence record had been compiled (reasons for the arrest not cited in the arrest record),   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 officers on whose written statements the conviction was based (all sets of proceedings), inability to submit evidence in support of her account (video footage, proceedings under Article 19.3 of the CAO concerning the event of 09/03/2016),   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - all sets of the proceedings (final judgments of 22/04/2016, 26/06/2016, 20/07/2016, 04/09/2020 by the Moscow City Court),   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies – (1) Gathering in support of Ukraine, political prisoners and Nadezhda Savchenko, Moscow, 08/03/2016; convictions in two separate sets of the proceedings: (a) under article 19.3 § 1 of CAO, fine of RUB 500, final judgment of 26/06/2016 by the Moscow City Court; and (b) under article 20.2 § 5 of CAO, fine of RUB 10,000, final judgment of 20/07/2016 by the Moscow City Court; and (2) alternatively, to Article 10 issue (see, mutatis mutandis, Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-50, 17   April 2018) - arrest, conviction for participation in a series of solo demonstrations held by no less than 60 participants on a rotation basis of 14/03/2020 (final judgment issued on 04/09/2020),   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 event of 08/03/2016: under article 20.2 § 5 of CAO and article 19.3 § 1 of CAO, fine of RUB 10,000 and RUB 500, respectively, final judgments: Moscow City Court, 20/07/2016 and 26/06/2016, respectively     13024/18* 28/02/2018 Anna Vadimovna GRABETSKAYA 1986 Kseniya Andreyevna Mikhaylova St Petersburg   St Petersburg, 12/08/2017, Support of LGBT community article 20.2 § 5 of CAO, administrative fine of RUB 10,000   and   article 19.3 § 1 of CAO, administrative fine of RUB 500 21/09/2017, St Petersburg City Court,     and   21/09/2017, St Petersburg City Court     Art. 5 (1) - unlawful detention - arrest and detention (i) between some point before 4 p.m. and 5.30 p.m. on 12/08/2017 for the sole purpose of drawing up a record of an administrative offence (proceedings under Art.20.2   §   5 of the CAO); and , shortly after her formal release and transfer to a local hospital for a medical examination in connection with acute abdominal pain, (ii) arrest in that hospital on the same date (12/08/2017), escorting to a police station, detention until 14/08/2017 as administrative suspect (proceedings under Art.19.3   §   1 of the CAO, a failure to abide by police officers’ lawful orders),   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of the administrative-offence proceedings.     14324/18* 12/03/2018 Tatyana Sergeyevna IVANOVA 1980 Ernest Aleksandrovich Mezak Saint-Barthélemy-d’Anjou (i) Syktyvkar, 12/06/2017, Event with a poster "I would like to live, and not to survive, in my Republic" (the applicant submits that she was merely taking pictures of herself).     (ii) Syktyvkar, 12/12/2021, Protest against restrictions on picketing in Stefanovskaya Square of Syktyvkar           (iii) Syktyvkar, 24/02/2018 Collecting information about life conditions in a local residence for persons awaiting social housing (assessed by the courts as organisation of a grouped picket) (i) article 20.2 § 5 of CAO, administrative fine of RUB 5,000                       (ii) article 20.2 § 8 of CAO, community service of 40 hours   and   article 19.3   §   1 of the CAO, administrative fine of RUB   500     (iii) article 20.2 § 8 of CAO, community works of 50 hours (i) 13/09/2017, Supreme Court of the Komi Republic                       (ii) 23/05/2018, Supreme Court of the Komi Republic   and   23/05/2018, Supreme Court of the Komi Republic     (iii) 09/01/2019, Supreme Court of the Komi Republic ban on public events at certain locations - in the vicinity of the Constitutional Court of the Komi Republic (Stefanovskaya square, Syktyvkar)- events of 12/06/2017 and 12/12/2017 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention (i) on 12/12/2017, for the sole purpose of drawing up a record of administrative offence; failure to draw up an escort record; and (ii) on 31/01/2021, as administrative suspect, beyond the three-hour statutory period, after the offence record had been compiled,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - all sets of the administrative proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officers on whose written statements the conviction was based (proceedings under Article   20.2   §   8 of the CAO in respect of the event of 12/12/2017),   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - arrest, conviction in two sets of administrative proceedings in respect of participation on 31/01/2021 in Syktyvkar in a rally in support of A.   Navalnyy: (i) under Article 20.2 § 5 of CAO, fine of RUB 10,000, final judgment by the Supreme Court of the Komi Republic, 31/03/2021; and (ii) under Article 19.3 § 1 of CAO, fine of RUB 700, final judgment by the Supreme Court of the Komi Republic, 26/05/2021,   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings – (i) conviction under article 19.3   §   1 of the CAO, fine of RUB 500 (final: 23/05/2018) and under article 20.2   §   8 of the CAO, community work of 40   hours (final: 23/05/2018, separate judgment) in respect of a solo demonstration of 12/12/2017; and (ii) conviction in two sets of administrative proceedings in respect of participation on 31/01/2021 in Syktyvkar in a rally in support of A.   Navalnyy: (i) under Article 20.2 § 5 of CAO, 20 hours of community service, final judgment by the Supreme Court of the Komi Republic, 31/03/2021; and (ii) under Article 19.3 § 1 of CAO, fine of RUB 700, final judgment by the Supreme Court of the Komi Republic, 26/05/2021.     23194/18* 24/04/2018 Yuriy Sergeyevich BOBROV 1982 Yelena Yuryevna Pershakova Moscow Perm, 22/09/2017, Protest against a refusal to hold a meeting with A.   Navalnyy article 20.2 § 1 of CAO, administrative fine of RUB   15,000 24/10/2017, Perm Regional Court   Art. 5 (1) - unlawful detention- arrest, escorting to a police station, detention: (i) on 22/09/2017, for the sole purpose of drawing up the offence record, the applicant remained in detention after such record had been compiled; (ii) between 08/10/2017 and 10/10/2017 as administrative suspect, pending trial, after the record of administrative offence had been compiled; and (iii) between 31/01/2021 and 01/02/2021, as administrative suspect, pending trial, after the record of administrative offence had been compiled,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - three sets of the administrative proceedings, final judgments of 24/10/2017, 14/11/2017 and 04/02/2021 by the Perm Regional Court,   Art. 10 (1) - conviction for making calls to participate in public events – (i) arrest on 08/10/2017, conviction under article 20.2   §   2 of the CAO, fine of RUB 20,000 on account of publishing posts to V kontakte platform calling on the public to participate in an unauthorised rally scheduled for, and held on 07/10/2017 in support of A. Navalnyy, final decision: Perm Regional Court, 14/11/2017, and (ii) arrest on 31/01/2021, conviction under article 20.2   §   2 of the CAO, sentence of administrative detention of 5 days, on account of publishing posts to the T elegram channel of Perm FBK calling on the public to participate in a rally scheduled for 31/01/2021 in support of A. Navalnyy (calls discovered by the police on 30/01/2021), final decision: Perm Regional Court, 04/02/2021,   Art. 14 - prohibition of discrimination - in conjunction with Article 5 (4th set of proceedings) - under Article   3.9(2) of the CAO administrative arrest cannot be imposed on women with children under the age of fourteen, but can be imposed on men having children under the same age; the applicant had two minor children,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 01/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.     53698/18* 17/10/2018 Yevgeniy Aleksandrovich PROKOPENKO 1988     St Petersburg, 12/12/2013, Solo demonstration for the Constitutional rights article 19.3 § 1 of CAO and article 20.2 § 5 of CAO (no sanction applied as both sets of proceedings were discontinued) The administrative proceedings in respect of both charges were discontinued by the domestic courts because of the deficiencies in police reports (two sets of decisions, latest: 14/01/2014 and 24/01/2014 by the Oktyabrskiy District Court of St   Petersburg). The applicant’s subsequent claim for compensation, lodged in 13/04/2017, was rejected in the final instance by the Supreme Court of the Russian Federation on 06/08/2018 administrative-offence proceedings discontinued, claim for compensation rejected on 06/08/2018 Art. 5 (1) - unlawful deprivation detention – (1) arrest, escorting to a police station, detention between 12/12/2013 and 13/12/2013 as administrative suspect. The applicant’s attempt to seek compensation for the unlawful detention in civil proceedings was unsuccessful (final decision: 06/08/2018, Supreme Court of the Russian Federation), and (2) arrest, escorting to a police station and detention between 28/10/2018 and 30/10/2018 as administrative suspect, after the offence record had been compiled. The domestic courts in the compensation proceedings acknowledged that his detention had been unlawful and awarded him RUB 50,000 (~EUR 549 at the time) of compensation. Final decision: 10/11/2020, Supreme Court of the Russian Federation,   Art. 5 (5) - lack of, or inadequate, compensation for unlawful arrest or detention – (i) the domestic courts dismissed the applicant’s claim for compensation in the first set of the compensation proceedings (final: Supreme Court of the Russian Federation, 06/08/2018); and (ii) insufficient amount of compensation in the second set of the compensation proceedings (final: Supreme Court of the Russian Federation, 10/10/2020),   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - Gathering against abusive criminal prosecution, St   Petersburg, 28/10/2018 - arrest, conviction under article 20.2.2 § 1 of CAO; the first instance court convicted the applicant and sentenced him to administrative fine of RUB 20,000; the appeal instance quashed the conviction and sent the case for a fresh examination; by the final judgment of 05/02/2019 (not appealed against) the Frunzenskiy District Court of St Petersburg discontinued the administrative offence proceedings, for the lack of evidence of an administrative offence. The applicant’s subsequent claim for compensation in the part concerning an alleged violation of his Article 11 rights was dismissed by the final judgment of the Supreme Court of the Russian Federation of 10/11/2020.     26458/19 02/05/2019 Anton Ivanovich MIKHEYEV 1997 Yelena Anatolyevna Makarova Yekaterinburg Yekaterinburg, 09/09/2018, Protest against the pension reform article 20.2 § 5 of CAO, administrative fine of RUB   10,000 10/01/2019, Sverdlovsk Regional Court   Art. 5 (1) - unlawful detention - arrest, escorting to the police station on 09/09/2018 for the sole purpose of compiling an offence report,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officers on whose written statements the conviction was based     31259/20* 29/06/2020 Sofya Alekseyevna LIPATKINA 2001 Mansur Idrisovich Gilmanov Podolsk 31/12/2019, Moscow, Support of political prisoners article 20.2 § 5 of CAO, administrative fine of RUB   15,000 18/02/2020, Moscow City Court rotation - event classified as assembly post facto Art. 5 (1) - unlawful detention - arrest and escorting to a police station, detention on 31/12/2019 for the sole purpose of drawing up an offence record, in excess of three hours; failure to draw up an arrest record,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 issue (see, mutatis mutandis, Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-50, 17 April 2018) - arrest, conviction for participation in a series of solo demonstrations held on 31/12/2019 by a group of no less than 13 participants (final judgment of 18/02/2020, Moscow City Court),   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine police officers on whose written statements the conviction was based.     2534/21* 12/12/2020 Amirkhan Albertovich SOFRONOV 2000 Aleksandr Dmitriyevich Peredruk St Petersburg Kazan, 30/06/2020, Protest against President Putin article 20.2 § 2 of CAO, administrative detention of 10   days 07/07/2020, Supreme Court of the Republic of Tatarstan     Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention as administrative suspect, after the offence record had been compiled: (i) between 30/06/2020 and 01/07/2020; and (ii) between 24/02/2022 and 25/02/2022,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - first set of administrative proceedings (final judgment of 07/07/2020),   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 officers on whose written statements the applicant’s conviction was based (first set of proceedings, final judgment of 07/07/2020),   Art. 6 (1) - and Art. 6 (3) (c) – the applicant’s absence from criminal proceedings - the applicant was absent from the appeal hearing of 07/07/2020 that took place while he was still in administrative detention, despite his request to attend;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 01/07/2020, was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO,   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - Manifestation against the war in Ukraine, Kazan on 24/02/2022, conviction under Article 20.2 § 2 of CAO, fine of RUB 10,000, final judgment: Supreme Court of Tatarstan, 13/04/2022,   Art. 8 (1) - unlawful search –a search of the applicant’s residential flat on 06/03/2022, authorised on 05/03/2022 by the Department of Interior of OP No.2 Vishnevskiy of Kazan within a criminal case against unidentified persons concerning knowingly false notification of a terrorist act (the applicant was questioned as a witness). The domestic courts reviewed the investigator’s decision to conduct the search ex post facto and upheld it as lawful (1st inst.: 09/03/2022, the applicant was not present/informed); the applicant’s appeal was dismissed in the final instance on 15/04/2022 by the Supreme Court of the Republic of Tatarstan. Specific defects: no relevant or sufficient reasons: the applicant was not a suspect; no evidence supporting the search authorisation; no reasons given why any relevant objects or documents might be found during the search. No adequate and sufficient safeguards against abuse: broad terms/wide content and scope of the search warrant - objects and documents not specific enough to restrict police’s discretion – not specified in the search order (see Misan v.   Russia , no.   4261/04, October 2014 and Kruglov and Others v.   Russia, nos.11264/04and 15 others, 4   February 2020).     23432/21* 13/04/2021 Sergey Petrovich ZAPOLNOV 2000 Nikolay Vladimirovich Vasilyev Moscow Moscow, 09/07/2020, Support of arrested activists D. Ivanov and E. Yunusov   article 20.2 § 5 of CAO, administrative fine of RUB   15,000 14/10/2020, Moscow City Court rotation - event classified as assembly post facto Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   61574/21* 08/12/2021 Oleg Iskanderovich MAMEDOV 2001 Ivan Yuryevich Zhdanov Vilnius (i) Ufa, 17/04/2021, Support of A.   Navalnyy       (ii) Ufa, 24/02/2022, Protest against the war in Ukraine (i) article 19.3 § 1 of CAO, administrative fine of RUB   2,000,       (ii) article 20.2 § 5 of CAO, administrative fine of RUB 10,000,     and   article 19.3 of the CAO, administrative detention of 4 days (i) 05/07/2021, Supreme Court of the Republic of Bashkortostan,     (ii) 25/04/2022, Supreme Court of the Republic of Bashkortostan   and   04/04/2022, Supreme Court of the Republic of Bashkortostan   Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention (i) between 17/04/2021 and 19/04/2021 as administrative suspect, after the offence record had been compiled, and (ii) between 24/02/2022 and 25/02/2022, as administrative suspect, after the offence record had been compiled,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - all sets of the administrative proceedings,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 25/02/2022 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   1578/22 11/12/2021 Yelena Viktorovna MORGUNOVA 1992 Nikolay Sergeyevich Zboroshenko Mytishchi Moscow, 01/11/2020, Support of civil activists article 20.2 § 8 of CAO, administrative fine of RUB   150,000 07/07/2021, Moscow City Court rotation - event classified as assembly post facto Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report on 01/11/2020,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements the conviction was based   18580/22* 14/03/2022 Yevgeniya Andreyevna OSTAPENKO 1994   Memorial Human Rights Centre Moscow Moscow, 21/04/2021, Support of political prisoners article 20.2 § 5 of CAO, administrative fine of RUB 10,000 11/10/2021, Moscow City Court   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based,   Art. 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 a solo picketing and her subsequent conviction (raised on appeal),   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 issue (see, mutatis mutandis, Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-50, 17 April 2018) - conviction under article 20.2   §   5 of the CAO, fine of RUB 10,000 on account of the applicant’s participation in a rally on 21/04/2021 in Moscow, final judgment: 11/10/2021, Moscow City Court   28717/22 20/05/2022 Aleksey Vladimirovich CHERNYSHEV 1965 Kristina Olegovna Tyurina Nizhniy Novgorod Nizhniy Novgorod 03/03/2022 Anti-war protest article 20.1 § 1 of CAO, administrative detention of 7 days 13/04/2022, Nizhniy Novgorod Regional Court conviction for a minor breach of public order on account of interaction with a passer-by using obscene language Art. 5 (1) - unlawful detention - arrest and escorting to the police station on 03/03/2022, detention there pending trial until 04/03/2023 after the offence record had been compiled,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   35623/22 05/07/2022 Mariya Aleksandrovna RYABIKOVA 1974 Irina Aleksandrovna Yatsenko Moscow Moscow 26/02/2022 Picket against the war in Ukraine article 20.2 § 8 of CAO, administrative detention of 30   days 05/03/2022, Moscow City Court   Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 26/02/2022 and 28/02/2022 as administrative suspect, pending trial, after the offence record had been compiled;   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) - unfair criminal proceedings - various shortcomings in the administrative offence proceedings (despite the applicant’s request for adjournment of the first-instance hearing, she and her lawyer were granted 20   minutes to study the case file; raised on appeal),   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements the conviction was based.   36268/22* 30/06/2022 Anastasiya Andreyevna NIKOLAYEVA 1997 Natalya Andreyevna Baranova Moscow Rostov-on-Don, 25/02/2022, Anti-war protest (the applicant was holding a blank sheet of paper) article 19.3 § 1 of CAO, administrative detention of 8 days 01/03/2022, Rostov Regional Court   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) - unfair trial in administrative offence proceedings - inability to contest prosecution evidence, to put forward a defence - refusal to hear a defence witness and to admit a video footage of the applicant’s arrest,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 25/02/2022 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO,     37026/22* 15/07/2022 Galiya Kasimovna SHAMSHETDINOVA 2000 Natalya Andreyevna Baranova Moscow Saransk, 01/03/2022, Anti-war protest article 20.2 § 2 of CAO, administrative detention of 8 days 18/03/2022, Supreme Court of the Mordovia Republic distance requirement - event classified as assembly post facto Art. 5 (1) - unlawful detention – arrest, escorting to a police station, detention on 16/03/2022 after an offence report had been compiled, pending the trial hearing held on the same day,   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 officers on whose written statements the applicant’s conviction was based,   Prot. 7 Art. 2 - Right of appeal against criminal conviction/sentence - the sentence of administrative detention imposed on the applicant on 16/03/2022 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   37069/22 19/07/2022 Sergey Viktorovich KUZNETSOV 1989 Aleksey Mikhaylovich Kychin Arkhangelsk Arkhangelsk, 25/02/2022, Anti-war protest article 20.6.1 § 1 of CAO, administrative fine of RUB   3,000 12/05/2022, Arkhangelsk Regional Court COVID-related ban on public events Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.   37484/22 19/07/2022 Andrey Andreyevich KICHEV 2002 Aleksey Mikhaylovich Kychin Arkhangelsk Arkhangelsk, 13/02/2022, Solo demonstration with a poster "Fighters against Corruption Are Not Terrorists" article 20.6.1 § 2 of CAO, administrative fine of RUB   30,000 26/05/2022, Arkhangelsk Regional Court COVID-related ban on public events Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.   39456/22* 26/08/2021 Nikolay Yuryevich DYACHKOV 1991 Natalya Andreyevna Baranova Moscow Ivanovo, Moscow Region, 01/03/2022, Protest against the war in Ukraine article 20.2 § 8 of CAO, administrative fine of RUB   75,000 13/05/2022, Ivanovo Regional Court (relevant complaint lodged on 16/08/2022)   Art. 5 (1) - unlawful detention- arrest, escorting to a police station, detention: (i) on 29/01/2021, for the sole purpose of drawing up a record of administrative offence (article 20.2 § 1 of the CAO, in respect of a tweet of 27/01/2021); (ii) between 01/03/2022 and 02/03/2022 as administrative suspect, after the offence record had been compiled (article 20.2 § 8 of the CAO, in respect of the solo demonstration on 01/03/2022); and (iii) on 11/03/2022, in excess of three hours, for the sole purpose of drawing up a record of an administrative offence (article 20.3.3. § 1 of the CAO),   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings – three sets of proceedings, final judgments: (i) 17/03/2021, Ivanovo Regional Court. (ii) 23/06/2021, Ivanovo Regional Court. (iii) 07/06/2022, Ivanovo Regional Court,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine police officers on whose written statements applicant’s conviction was based (1st set of proceedings, final judgment: 17/03/2021),   Art. 10 (1) - conviction for making calls to participate in public events – (i) on 27/01/2021 the applicant published a call for participation in a demonstration in support of A.   Navalnyy scheduled for 31/01/2021 to his Twitter account; he was arrested and escorted to a police station on 29/01/2021, convicted under article 20.2 § 1 CAO and fined with RUB 10,000 (final judgment: 17/03/2021, Ivanovo Regional Court); and (ii) on 20/04/2021 the applicant published a call for participation in a demonstration in support of A.   Navalnyy scheduled for 21/04/2021 to his Facebook page; he was convicted under article 20.2   §   2 CAO and sentenced to 40 hours of community service (final judgment: 23/06/2021, Ivanovo Regional Court),   Art. 10 (1) - various restrictions on the right to freedom of expression - arrest and detention on 11/03/2022, conviction under article 20.3.3. § 1 CAO (discreditation of armed forces) and fine of RUB 35,000 for publishing on 05/03/2022 a tweet against the war in Ukraine (final judgment: 07/06/2022, Ivanovo Regional Court).   39474/22 26/07/2022 Yuliya Sergeyevna LYASHOVA 1990 Mikhail Mikhaylovich Benyash Krasnodar Krasnodar, 27/02/2022, Anti-war protest article 20.2 § 5 of CAO, administrative fine of RUB   12,000 20/04/2022, Krasnodar Regional Court       39552/22 30/07/2022 Mariya Aleksandrovna SIDORENKO 1989 Leonid Leonidovich Krikun St Petersburg St Petersburg, 08/03/2022 Anti-war protest article 20.2 § 2 of CAO, administrative detention of 5 days 31/03/2022, St   Petersburg City Court distance requirement - event classified as assembly post facto Art. 5 (1) - unlawful detention - escorting to and detention at the police station between 08/03/2022 and 09/03/2022 as administrative suspect, after the offence record was compiled,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based.   39704/22 05/08/2022 Vitaliy Andreyevich TSITSUROV 1989 Varvara Dmitriyevna Mikhaylova St Petersburg Smolensk, 17/03/2022, Protest against the war in Ukraine article 20.2 § 2 of CAO, community service, of 40 hours 27/04/2022, Smolensk Regional Court distance requirement - event classified as assembly post facto Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 17/03/2022 and 19/03/2022 as administrative suspect, after the offence record had been compiled,   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 officers on whose written statements the conviction was based   40296/22* 28/07/2022 Ruslan Raufovich KUNAKBAYEV 1981 Natalya Andreyevna Baranova Moscow Moscow, 13/11/2021, Protest against fraudulent elections article 20.2 § 5 of CAO, administrative fine of RUB   15,000 29/03/2022, Moscow City Court   Art. 5 (1) - unlawful detention - escorting to and detention in the police station on 13/11/2021 for the sole purpose of drawing up a record of administrative offence,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based,   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 issue (see, mutatis mutandis, Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-50, 17 April 2018) - arrest, conviction under article 20.2 § 5 of CAO for participation in a public event in a group of 20 persons, fine of RUB 15,000, final judgment of 29/03/2022 by the Moscow City Court   41014/22* 30/07/2022 Aleksandr Anatolyevich KATKOV 1983     Moscow, 16/10/2021, Support of political prisoners article 20.2 § 5 of CAO, administrative fine of RUB 10,000 31/03/2022, Moscow City Court   Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record on 16/10/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based   41314/22* 08/08/2022 Darya Viktorovna KOSYREVA-SHLYAKHINA 1996 Natalya Andreyevna Baranova Moscow Ryazan, 24/02/2022, Anti-war protest article 20.2 § 2 of CAO, administrative detention of 2 days 13/04/2022, Ryazan Regional Court   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 on 25/02/2022 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO   42752/22* 19/08/2022 Anton Yuryevich GORBAN 1984 Konstantin Aleksandrovich Markin Velikiy Novgorod Novgorod, 11/04/2022, Anti-war protest article 19.3 § 1 of CAO, administrative detention of 7 days,     and   article 20.3.3 § 1 of CAO, administrative fine of RUB 45,000 20/04/2022, Novgorod Regional Court (art.19.3 § 1 of CAO)   and   27/06/2022, Novgorod Regional Court (art. 20.3.3 § 1 of CAO)   Art. 5 (1) - unlawful detention - escorting to and detention at the police station (i) for compiling an offence report (art. 20.3.3 § 1 of the CAO) from 6.40 p.m. until 8.45 p.m. on 11/04/2022, and (ii) for compiling a second offence report (Art. 19.3 § 1 of the CAO) from 11.15 a.m. on 14/04/2022 until the hearing in the first instance court on the same date,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings (both sets of еру proceedings),   Art. 6 (1) - lack of impartiality of tribunal - examination of the challenge for bias against the judge of the appeal instance (second set of proceedings, article 20.3.3 § 1 of CAO, reason: the judge’s previous findings in the case under article 19.3 § 1 concerning the same event) by the judge himself in breach of the principle nemo judex in causa sua ( Kolesnikova v. Russia , no. 45202/14, §§   49-59, 2   March 2021),   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements the conviction was based (both sets of еру proceedings),   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - overlap of the facts constituting the basis for the applicant’s prosecution in the second set of proceedings (Art. 20.3.3 § 1 of the CAO) with substantially the same facts underlying his conviction in the first set of proceedings (Art. 19.3 §   1 of the CAO).   43393/22* 03/08/2022 Oksana Yevgenyevna KOVENKOVA 1978 Natalya Andreyevna Baranova Moscow Rostov-on-Don, 24/02/2022, Anti-war protest article 19.3 § 1 of CAO, 100 hours of community service 05/04/2022, Rostov Regional Court   Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 24/02/2022 as administrative suspect, after compiling an offence report,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court the police officers on whose written statements her conviction was based.   5084/23 13/01/2023 Marta Romanovna DAVYDOVA 1998     Moscow, 08/03/2022, Protest against the war in Ukraine article 20.2 § 5 of CAO, administrative fine of RUB   20,000 15/09/2022, Moscow City Court   Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 11/03/2022 for the sole purpose of drawing up an administrative offence record,   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 police officers on whose written statements the 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 a public event and her subsequent conviction (raised on appeal)