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   FIFTH SECTION Application no.   24722/18 Igor Yevgenyevich SLIVIN against Russia and 11 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     24722/18* 14/05/2018 Igor Yevgenyevich SLIVIN 1990     Distribution of leaflets in support of A.Navalnyyy   Tambov 02/08/2017     Distribution of leaflets in support of A.Navalnyyy   Tambov 16/09/2017 article 20.2 § 8 of CAO             article 20.2 § 8 of CAO detention for 20 days             fine of RUB 300,000 Tambov Regional Court 14/11/2017           Tambov Regional Court 22/11/2017 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 administrative proceedings,   Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report (i) on 05/10/2017; (ii) on 02/11/2017, and (iii) on 07/09/2018,   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 (three sets of administrative proceedings),   Art. 10 (1) - conviction for making calls to participate in public events – the applicant made calls for participation in the rally in support of A. Navalnyyy on 29/10/2017 in Tambov, Article 20.2 § 8 of CAO, detention for 25 days, final decision Tambov Regional Court 10/09/2018     40138/18* 14/08/2018 Leonid Vladimirovich SANKIN 1963 Ivan Yuryevich Zhdanov Vilnius Manifestation in support of presidential candidacy of A.Navalnyy   Teatralnaya square, Rostov-on-Don 24/12/2017 Article 20.2 § 8 of the CAO fine of RUB 75,000 Rostov Regional Court 20/02/2018 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     46388/18* 21/09/2018 Valeriya Ibragimovna DZBOYEVA 1998 Ivan Yuryevich Zhdanov Vilnius Manifestation in support of presidential candidacy of A.Navalnyy   Rostov-on-Don 24/12/2017 article 20.2 § 6-1 of CAO fine of RUB 7,500 Rostov Regional Court 22/03/2018 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     50049/18* 10/10/2018 Pavel Yuryevich SMIRNOV 1991 Ivan Yuryevich Zhdanov Vilnius Manifestation against Putin’s re-election as president Voronezh 05/05/2018 article 20.2 § 5 of CAO fine of RUB 10,000 Voronezh Regional Court 14/06/2018 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     8678/19* 21/01/2019 Ivan Andreyevich TUMANOV 1999 Ivan Yuryevich Zhdanov Vilnius Rally “Free Navalnyyy”   Pokrov 05/04/2021   Opposition rally against Putin’s re-election   Vladimir 05/05/2018 article 20.2.2 § 3 of CAO           article 20.2 § 5 of CAO detention for 11 days           fine of RUB 5,000 Vladimir Regional Court 29/04/2021         Vladimir Regional Court 11/09/2018 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report on 19/04/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of the administrative proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements the conviction was based (both sets of administrative proceedings)     40190/21 21/07/2021 Ivan Aleksandrovich KHUDYAKOV 1989 Andrey Gennadyevich Lepekhin Chelyabinsk Rally “Free Navalnyyy”   Chelyabinsk 23/01/2021 article 19.3 § 1 of CAO detention for 30 days Chelyabinsk Regional Court 26/01/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.05 p.m. on 23/01/2021 until 1.00 p.m. on 24/01/2021     41534/21* 03/08/2021 Andrey Leonidovich FATEYEV 1988 Ivan Yuryevich Zhdanov Vilnius Rally “Free Navalnyyy”   Tomsk 23/01/2021   Manifestation in support of A. Navalnyyy   Tomsk 31/01/2021 article 20.2 § 2 of CAO         article 20.2 § 1 of CAO fine of RUB 25,000         fine of RUB 20,000 Tomsk Regional Court 12/02/2021       Tomsk Regional Court 12/03/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - three sets administrative proceedings,   Art. 6 (1) - unfair criminal proceedings - various shortcomings in the administrative offence proceedings which ended on 12/02/2021 and on 12/03/2021 (no access to a lawyer during detention at the police station),   Art. 10 (1) - conviction for making calls to participate in public events – the applicant made public calls for the participation in the rally in support of A. Navalnyyy on 21/04/2021 in Tomsk, Article 20.2 § 8 of CAO, detention for 30 days, final decision Tomsk Regional Court on 04/05/2021     43776/21* 26/08/2021 Denis Freddiyevich KADENA 1998   Memorial Human Rights Centre Moscow Rally “Free Navalnyyy”   Moscow 02/02/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 26/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.22 p.m. on 02/02/2021 until 7.04 a.m. on 03/02/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements his conviction was based     51184/21* 08/10/2021 Konstantin Mikhaylovich YUDIN 1995 Ivan Yuryevich Zhdanov Vilnius Rally "Free Navalnyyy"   Moscow 23/01/2021   Rally “Free Navalnyyy”   Moscow 31/01/2021 article 20.2 § 5 of CAO         article 20.2 § 5 of CAO fine of RUB 15,000         fine of RUB 10,000 Moscow City Court 17/11/2021       Moscow City Court 14/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record (i) between 1.45 p.m. and 11.50 p.m. on 23/01/2021; (ii) between 7.46 p.m. and 11.44 p.m. on 31/01/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of the administrative proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based (both sets of the administrative proceedings)   58077/21* 09/11/2021 Yuliya Borisovna SMIRNOVA 1990 Sergey Sergeyevich Kulikov Nizhniy Novgorod Rally “Free Navalnyyy”   Nizhniy Novgorod 31/01/2021 article 20.2 § 6.1 of CAO fine of RUB 10,000 Nizhniy Novgorod Regional Court 27/05/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record: (i) between 12.25 p.m. and 7.28 p.m. on 31/01/2021; (ii) between 5.42 p.m. on 24/02/2022 and 2.30 p.m. on 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 - both sets of administrative proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based (both sets of administrative proceedings),   Art. 10 (1) - disproportionate measures against solo demonstrators - Nizhniy Novgorod, 24/02/2022, anti-war solo demonstration, fine of RUB 80,000, final decision: Nizhniy Novgorod Regional Court on 13/04/2022   34101/22* 01/07/2022 Kirill Aleksandrovich SUKHORUKOV 1999 Ivan Yuryevich Zhdanov Vilnius Protest against war in Ukraine   Kaliningrad 24/02/2022 article 20.2 § 8 of CAO detention for 10 days Kaliningrad Regional Court 05/03/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report: (i) from 7.00 p.m. on 24/02/2022 until 4.15 p.m. on 25/02/2022; (ii) from 3.40 p.m. on 08/03/2022 until 3.40 p.m. on 09/03/2022,   Art. 10 (1) - disproportionate measures against solo demonstrators - picket against war in Ukraine held on 08/03/2022, conviction under article 20.3.3 § 1 of CAO, fine of RUB 30,000, final decision on 31/05/2022, Kaliningrad Regional Court,   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 administrative proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial police officers on whose written statements the conviction was based (both sets of administrative proceedings),   Art. 6 (1) - unfair criminal proceedings - various shortcomings in both sets of the administrative offence proceedings (no access to a lawyer during detention at the police station)   47813/22* 17/09/2022 Yevgeniy Aleksandrovich SHEVTSOV 1986     Protest against war in Ukraine   St Petersburg 27/02/2022 article 20.2.2. § 1 of CAO fine of RUB 10,000 St Petersburg City Court 19/05/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 6.00 p.m. on 27/02/2022 until 1.00 p.m. on 28/02/2022;   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 the trial police officers on whose written statements the conviction was based