CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 5 octobre 2023
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- ECLI:CEDH:001-228454
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- 5 octobre 2023
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- 5 octobre 2023
droits fondamentauxCEDH
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.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s40F41F73 { margin-top:0pt; margin-bottom:0pt; text-align:right } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s34DFC730 { margin-top:0pt; margin-bottom:0pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s54AB6003 { margin-top:66pt; margin-bottom:14pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .sE7C30868 { margin-top:12pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s2D9C6089 { margin-top:12pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .sA36B60A1 { font-family:Arial; font-style:italic } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s4ACA9207 { page-break-before:always; clear:both; mso-break-type:section-break } .s6DB91820 { text-align:center } .s8BB62139 { margin-right:auto; margin-left:auto; border-collapse:collapse } .s3695F815 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top; background-color:#dfdfdf } .sDF237D91 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:8pt } .sEECE831 { font-family:Arial; font-weight:bold; color:#474747 } .sE8934522 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top } .s6B505E72 { margin:0pt; padding-left:0pt } .s4F2ADFDB { text-align:center; font-family:Arial; font-size:8pt; list-style-position:inside } .sBB6163A7 { width:2.48pt; font:7pt 'Times New Roman'; display:inline-block } .s3A357E38 { text-align:center; page-break-inside:avoid; page-break-after:avoid; font-family:Arial; font-size:8pt; list-style-position:inside } .s1DE04BC { margin-top:0pt; margin-bottom:0pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:8pt } .s5FFF0A7E { margin-top:0pt; margin-bottom:0pt; font-size:8pt } Published on 30 October 2023   FOURTH SECTION Application no.   75194/17 Timofey Yevgenyevich GORODILOV against Russia and 44 other applications (see list appended) PROCEDURAL INFORMATION Following a preliminary examination of the admissibility of the applications on 5 October 2023, the Court decided, under Rule 54 § 2 (b) of the Rules of Court, that notice of the applications should be given to the Government of Russia. In the applications marked by an asterisk, other complaints were raised. This part of the applications has been struck out of the Court’s list of cases or declared inadmissible by the Court, sitting in a single-judge formation, assisted by a rapporteur as provided for in Article 24 § 2 of the Convention. In the enclosed list of applications, whenever an applicant is referred to using initials, this indicates that the Court has authorised anonymity for that person, whose identity will not be disclosed to the public (Rule 47 § 4). For further information on the procedure following communication of an application brought against Russia, subject of well-established case law of the Court, please refer to the Court’s website . SUBJECT MATTER The applications concern complaints raised under Article 11 of the Convention relating to disproportionate measures against organisers and participants of public assemblies which are the subject of well-established case law of the Court (see Frumkin v. Russia, no. 74568/12, ECHR 2016 (extracts), Navalnyy and Yashin v. Russia, no. 76204/11, 4 December 2014 and Kasparov and Others v. Russia, no. 21613/07, 3 October 2013).   APPENDIX – STATEMENT OF FACTS List of applications raising complaints under Article 11 of the Convention (disproportionate measures against organisers and participants of public assemblies) No. Application no. Date of introduction Applicant’s name Year of birth Representative’s name and location Name of the public event Location Date Administrative charges Penalty Final domestic decision Court Name Date Other complaints under well-established case-law     75194/17* 19/10/2017* Timofey Yevgenyevich GORODILOV 1994 Aleksandr Dmitriyevich Peredruk St   Petersburg Anti-corruption rally   St   Petersburg 12/06/2017     Rally against an increase of prices for public transport   St   Petersburg 10/11/2019 article 19.3 § 1 of CAO; article 20.2 § 5 of CAO     article 20.2 § 2 of CAO detention for 8   days; fine of RUB   12,000     fine of RUB   20,000 St   Petersburg City Court 16/06/2017 and 06/07/2017   St   Petersburg City Court 06/10/2020 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of 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 convictions were based (in the proceedings under Articles 19.3 § 1 and 20.2 § 5 of the CAO which ended with the final decisions of the Moscow City Court on 16/06/2017 and 06/07/2017, respectively);   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. 20.2 § 5 of CAO) with substantially the same facts underlying his conviction in the first set of proceedings (Art. 19.3 §   1 of CAO).     2420/18* 23/12/2017 Mark Daniilovich LYUBAROV 1994 Konstantin Aleksandrovich Markin Velikiy Novgorod Anti- corruption rally   St   Petersburg 12/06/2017 article 19.3 § 1 of CAO;   article 20.2 § 5 of CAO fine of RUB   500; fine of RUB 10,000 St   Petersburg City Court 27/06/2017 (both sets of proceedings with the final decisions issued on the same day) Art. 5 (1) - unlawful detention – escorting to and detention at the police station after compiling an offence report from 3.55 p.m. on 12/06/2017 until the afternoon of 13/06/2017;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of 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 (in both sets of 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. 20.2 § 5 of CAO) with substantially the same facts underlying his conviction in the first set of proceedings (Art. 19.3 §   1 of CAO).     2828/18* 17/11/2017 Sergey Nikolayevich YEFREMOV 1995 Aleksandr Dmitriyevich Peredruk St   Petersburg Anti-corruption rally   St   Petersburg 12/06/2017 article 19.3 § 1 of CAO; article 20.2 § 5 of CAO fine of RUB   1,000; fine of RUB   10,000 St   Petersburg City Court 28/06/2017 (both sets of proceedings with the final decisions issued on the same day) Art. 5 (1) - unlawful detention – escorting to and detention at the police station after compiling an offence report from 2.25 p.m. on 12/06/2017 until the evening on 13/06/2017;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of administrative-offence 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. 20.2 § 5 of CAO) with substantially the same facts underlying his conviction in the first set of proceedings (Art. 19.3 §   1 of CAO).     3016/18* 29/12/2017 Nikita Aleksandrovich SAMARIN 1994 Ernest Aleksandrovich Mezak St-Barthélemy d’Anjou Anti-corruption rally   St   Petersburg 12/06/2017 article 19.3 § 1 of CAO; article 20.2 § 5 of CAO fine of RUB   500;   fine of RUB   10,000 St   Petersburg City Court 29/06/2017 (both sets of proceedings with the final decisions issued on the same day) Art. 5 (1) - unlawful detention – escorting to and detention at the police station after compiling an offence report from 3 p.m. on 12/06/2017 until the evening on 13/06/2017;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of 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 (in both sets of 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. 20.2 § 5 of CAO) with substantially the same facts underlying his conviction in the first set of proceedings (Art. 19.3 §   1 of CAO).     3149/18** 27/12/2017 Vladimir Vyacheslavovich FEDOROV 1989 Valentin Valentinovich Pyshkin St   Petersburg Anti-corruption rally   St   Petersburg 12/06/2017 article 19.3 § 1 of CAO; article 20.2 § 5 of CAO fine of RUB   1,000; fine of RUB 10,000 St   Petersburg City Court 29/06/2017 (both sets of proceedings with the final decisions issued on the same day) Art. 5 (1) - unlawful detention – escorting to and detention at the police station after compiling an offence report from 3 p.m. on 12/06/2017 until the evening on 13/06/2017;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of 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 (in both sets of administrative-offence 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. 19.3 §   1 of CAO) with substantially the same facts underlying his conviction in the first set of proceedings (Art. 20.2 § 5 of CAO).     3451/18* 29/12/2017 Petr Andreyevich NECHAYEV 1975 Svetlana Viktorovna Gromova St   Petersburg Anti-corruption rally   St   Petersburg 12/06/2017 article 19.3 § 1 of CAO; article 20.2 § 5 of CAO fine of RUB   700; fine of RUB   10,000 St   Petersburg City Court 03/07/2017 (both sets of proceedings with the final decisions issued on the same day) Art. 5 (1) - unlawful detention – escorting to and detention at the police station after compiling an offence report from 2.50 p.m. on 12/06/2017 until 11 p.m. on 13/06/2017;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of 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 (in both sets of administrative-offence 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. 19.3 §   1 of CAO) with substantially the same facts underlying his conviction in the first set of proceedings (Art. 20.2 § 5 of CAO).     3498/18* 26/12/2017 Maksim Konstantinovich RASCHUPKIN 1996 Konstantin Aleksandrovich Markin Velikiy Novgorod Anti-corruption rally   St   Petersburg 12/06/2017 article 19.3 § 1 of CAO; article 20.2 § 5 of CAO fine of RUB   500; fine of RUB   10,000 St   Petersburg City Court 03/07/2017 (both sets of proceedings with the final decisions issued on the same day) Art. 5 (1) - unlawful detention – escorting to and detention at the police station for compiling an offence report from 2.30 p.m. on 12/06/2017 until 11.34 p.m. on 13/06/2017;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of 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 (in both sets of administrative-offence 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. 19.3 §   1 of CAO) with substantially the same facts underlying his conviction in the first set of proceedings (Art. 20.2 § 5 of CAO).     4250/18* 16/01/2018 Yuriy Eduardovich SHTENGEL 1968 Andrey Veniaminovich Chertkov St   Petersburg Anti-corruption rally   St   Petersburg 12/06/2017       article 19.3 § 1 of CAO; article 20.2 § 5 of CAO detention for 7   days; fine of RUB   15,000 St   Petersburg City Court 25/07/2017 and 19/09/2017 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 (in both sets of administrative-offence 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. 20.2 § 5 of CAO) with substantially the same facts underlying his conviction in the first set of proceedings (Art. 19.3 §   1 of CAO).     4386/18* 30/12/2017 Mikhail Gennadyevich KUNTSEVICH 1987 Aleksandr Dmitriyevich Peredruk St   Petersburg Anti-corruption rally   St   Petersburg 12/06/2017 article 19.3 § 1 of CAO; article 20.2 § 5 of CAO fine of 500; fine of RUB 10,000   St   Petersburg City Court 04/07/2017 (both sets of proceedings with the final decisions issued on the same day) Art. 5 (1) - unlawful detention – escorting to and detention at the police station after compiling an offence report from 2 p.m. on 12/06/2017 until 7 p.m. on 13/06/2017;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of 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 (in both sets of administrative-offence 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. 19.3 §   1 of CAO) with substantially the same facts underlying his conviction in the first set of proceedings (Art. 20.2 § 5 of CAO).   7480/18* 22/12/2017 Aleksandr Aleksandrovich KARMANOV 1988 Anton Viktorovich Petrov St   Petersburg Anti-corruption rally   St   Petersburg 12/06/2017 article 20.2 § 5 of CAO; article 19.3 § 1 of CAO fine of RUB   10,000; detention for 6   days St   Petersburg City Court 27/07/2017 and 22/06/2017   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. 19.3 § 1 of CAO) with substantially the same facts underlying his conviction in the first set of proceedings (Art. 20.2 §   5 of CAO).   30560/18* 14/06/2018 Aleksandr Valeryevich BALASHOV 1993 Yevgeniy Vyacheslavovich Antokhin Moscow Political march   Moscow 04/11/2017 Article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 26/01/2018 Art. 5 (1) - unlawful detention – escorting to the police station on 04/11/2017 at 2.30 p.m. from the venue of the rally, brought to the police station at 3 p.m. on 04/11/2017 for compiling an offence report;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (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.   30832/18* 07/06/2018 Viktor Lvovich CHERKASSKIY 1993 Aleksandr Dmitriyevich Peredruk St   Petersburg Political rally   St   Petersburg 28/01/2018 article 20.2 § 5 of CAO; article 19.3 § 1 of CAO fine of RUB   15,000 detention for 10 days St   Petersburg City Court 10/05/2018 and 29/03/2018   Art. 5 (1) - unlawful detention – escorting to and detention at the police station after compiling an offence report from 7.20 p.m. on 12/03/2018 until 13/03/2018, when the applicant was taken to the court; Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of 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 in both sets of the 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 13/03/2018 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO;   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - overlap of the facts constituting the basis for the applicant’s prosecution in the second set of proceedings (Art. 19.3 § 1 of CAO) with substantially the same facts underlying his conviction in the first set of proceedings (Art. 20.2 §   5 of CAO).   47190/18* 28/09/2018 Yevgeniy Viktorovich TIKHENKO 1979 Aleksandra Nikolayevna Bayeva Moscow Political rally   Moscow 05/11/2017   Rally “Free Navalnyy”   Moscow 31/01/2021 article 19.3 § 1 of CAO       article 20.2 § 8 of CAO fine of RUB   1,000       detention for 20   days Moscow City Court 28/03/2018     Moscow City Court 09/02/2021 Art. 5 (1) – unlawful detention - escorting to and detention at the police station after compiling an offence report from 12 p.m. on 05/11/2017 until 2.30 p.m. on 07/11/2017 and from 3 p.m. on 31/01/2021 until 5 p.m. on 02/02/2021;   Art. 6 (1) - lack of impartiality of tribunal in view of the absence of a prosecuting party in both sets of 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 under Article 19.3 § 1 of the CAO was based;   Prot. 7 Art. 2 – delayed review of conviction by a higher tribunal – the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   47513/18* 27/09/2018 Yelena Vladimirovna NOSKOVETS 1984 Andzhelika Viktorovna Chernyavskaya Oktyabrskiy Rally to support A.Navalnyy and L.Volkov   Novosibirsk 30/09/2017     article 20.2 § 5 of CAO               fine of RUB   5,000                 Novosibirsk Regional Court 27/03/2018           Art. 5 (1) - unlawful detention – escorting to and detention at the police station after compiling an offence report from 1.05 p.m. on 22/01/2021 until 23/01/2021, when the applicant was taken to the court;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of administrative-offence proceedings;   Art. 10 (1) - conviction for making calls to participate in the rally to support A. Navalnyy on 23/01/2021 in Novosibirsk, Article 20.2 § 2 of CAO, detention for 8 days, final decision by the Novosibirsk Regional Court on 18/03/2021.   20840/19* 02/04/2019 Tatyana Sergeyevna SICHKAREVA 1998 Kseniya Andreyevna Mikhaylova St   Petersburg Rally in support of LGBTI community   St   Petersburg 04/08/2018 article 20.2 § 5 of CAO fine of RUB   10,000 St   Petersburg City Court 02/10/2018 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 the police officers on whose written statements the applicant’s conviction was based.   20843/19* 02/04/2019 Aleksandr Sergeyevich AKSHENTSEV 1986 Kseniya Andreyevna Mikhaylova St   Petersburg Rally in support of LGBTI community   St   Petersburg 04/08/2018 article 20.2 § 5 of CAO fine of RUB   10,000 St   Petersburg City Court 16/10/2018 Art. 5 (1) – unlawful detention – escorting to the police station on 04/08/2018 for compiling an offence report;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (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.   22093/19* 16/04/2019 Mariya Nikolayevna CHUPRINSKAYA 1980 Roman Denisovich Kiselyov Moscow Rally to support O.   Sentsov   Moscow 18/06/2018 article 20.2 § 5 of CAO fine of RUB   20,000 Moscow City Court 16/10/2018 Art. 5 (1) - unlawful detention – escorting to and detention at the police station for compiling an offence report from 5.20 p.m. until 8.20 p.m. on 18/06/2018;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   25176/19* 23/04/2019 Yan Aleksandrovich KSENZHEPOLSKIY 2000 Svetlana Ivanovna Sidorkina Moscow “Monstration” manifestation   Tver 01/05/2018 article 20.2 § 1 of CAO fine of RUB   10,000 Tver Regional Court 30/01/2019     49639/19* 04/09/2019 Bulat Rifkatovich KHASANOV 1998 Aleksey Sergeyevich Belozerov St   Petersburg Rally to support the accused in “Novoye Velichiye” and “Set” criminal cases   St   Petersburg 28/10/2018 article 20.2.2   § 1 of CAO fine of RUB   10,000 St   Petersburg City Court 09/04/2019 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 3.30 p.m. on 28/10/2018 until the afternoon on 29/10/2018;   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 the police officers and the third person on whose written statements the applicant’s conviction was based.   53406/19* 04/10/2019 Yevgeniy Yevgenyevich YEKATERININ 1981 Nikolay Anatolyevich Dubinin Moscow Rally to support “political prisoners”   Moscow 13/05/2019 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 12/08/2019 Art. 5 (1) - unlawful detention – escorting to and detention at the police station for compiling an offence report from 9.20 p.m. on 13/05/2019 until 14/05/2019;   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.   55228/19* 07/10/2019 Artem Igorevich UKHOV 1989 Aleksey Vladimirovich Glukhov Novocheboksarsk Rally for fair elections to Mosgorduma   Moscow 10/08/2019 article 20.2 § 8 of CAO detention for 10   days Moscow City Court 15/08/2019 Art. 5 (1) - unlawful detention – escorting to and detention at the police station after compiling an offence report from 8 p.m. on 10/08/2019 until 4.50 p.m. on 12/08/2019;   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;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   56943/19* 22/10/2019 Sergey Vladimirovich URBAN 1986 Alena Sergeyevna Borisova Moscow Political rally   Izhevsk 24/02/2019 article 20.2 § 8 of CAO 40 hours of community work Supreme Court of the Udmurtia Republic 22/04/2019 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.     63851/19* 20/11/2019 Yakov Borisovich TSYGANKOV 1967 Roman Yevgenyevich Kachanov Yekaterinburg Protest against construction of the cathedral   Yekaterinburg 14/05/2019 article 20.2 § 8 of CAO detention 10   days Sverdlovsk Regional Court 21/05/2019 Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   64319/19* 04/12/2019 Ivan Pavlovich VOLKOV 1978 Roman Yevgenyevich Kachanov Yekaterinburg Protest against construction of the cathedral Yekaterinburg 04/06/2019 article 20.2 § 2 of CAO detention for 9   days Sverdlovsk Regional Court 07/06/2019 Art. 5 (1) - unlawful detention – escorting to and detention at the police station after compiling an offence report from 7 p.m. on 04/06/2019 until 1.45 p.m. on 05/06/2019; Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   9177/20* 07/02/2020 Yuriy Vladimirovich BREDELEV 1993 Anton Igorevich Ryzhov Moscow Rally in support of LGBTI community in Chechnya   Moscow 11/10/2019 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 04/12/2019 Art. 5 (1) - unlawful detention – escorting to and detention at the police station for compiling an offence report from 4.40 p.m. until 10.50 p.m. on 11/10/2019;   Art. 6 (1) - lack of impartiality of 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.   11316/20* 12/02/2020 Marina Vitalyevna SHAPOSHNIKOVA 1963 Mariya Vladimirovna Bontsler Kaliningrad Rally to support doctor Sushkevich   Kaliningrad 06/07/2019 article 20.2 § 5 of CAO fine of RUB   10,000   Kaliningrad Regional Court 15/08/2019     38040/20* 25/09/2020 Rostislav SMOLENSKIY 1978 Aleksey Aleksandrovich Pryanishnikov Tomsk Rally to support S. Furgal   Khabarovsk 25/07/2020   Rally to support S. Furgal   Khabarovsk 29/08/2020 article 20.2 § 6.1 of CAO         article 20.2 § 8 of CAO detention for 8   days         detention for 15   days Khabarovsk Regional Court 30/07/2020       Khabarovsk Regional Court 10/09/2020 Art. 5 (1) - unlawful detention – escorting to and detention at the police station after compiling an offence report from 12.30 p.m. on 30/08/2020 until 11.30 a.m. on 31/08/2020 and on 03/09/2020;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 6.1 of CAO;       43262/20* 25/09/2020 Samariddin Sadridinovich RADZHABOV 1998 Aleksey Aleksandrovich Pryanishnikov Tomsk Rally to support I. Azar   Moscow 05/06/2020   Rally “Free Navalnyy”   Moscow 03/02/2021       article 20.2 § 8 of CAO         article 20.2 §   6.1 of CAO                 detention for 18 days         detention for 10 days                 Moscow City Court 18/06/2020       Moscow City Court 08/02/2021               Art. 5 (1) - unlawful detention – escorting to and detention at the police station for compiling an offence report from 6 p.m. on 09/06/2020 until 1 p.m. on 10/06/2020 and from 2   a.m. until 8   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 all sets of 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, to gather and to submit evidence in defence of the applicant’s version of events on an equal footing with the prosecution during the proceedings under Article 20.2 §   6.1 of CAO;   Art. 10 (1) - disproportionate measures against solo demonstrators – the applicant was fined RUB 300,000 for staging a solo picket on 05/06/2020 in Moscow (convicted under Article 20.2 § 8 of CAO for repeated breach of rules on public events, by the Moscow City Court on 02/03/2021).   44743/20 04/09/2020 Marlen Emirovich DZHEMILEV 1963 Vanessa Kogan Moscow Rally to support Crimean Tatars and members of Hizb ut-Tahrir Moscow 11/07/2019 article 20.2 § 5 of CAO fine of RUB   20,000 Moscow City Court 04/12/2019 Art. 5 (1) – unlawful detention – escorting to and detention at the police station for compiling an offence report from 12.20 p.m. until 4.20 p.m. on 11/07/2019;   Art. 6 (1) - lack of impartiality of 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.   47359/20* 02/10/2020 Irina Petrovna AFANASYEVA 1954 Aleksandr Vasilyevich Popkov Sochi Protest against construction of a combustion plant   Osinovo, Tatarstan Republic 16/12/2019 article 20.2.2 § 1 of CAO fine of RUB   10,000 Supreme Court of the Tatarstan Republic 22/01/2020     48440/20* 02/11/2020 Aleksey Veniaminovich ROMANOV 1971 Aleksey Aleksandrovich Pryanishnikov Tomsk Rally to support S. Furgal   Khabarovsk 11/07/2020 article 20.2 §   6.1 of CAO detention for 7   days Khabarovsk Regional Court 05/08/2020 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   52879/20 13/11/2020 Larisa Gennadyevna KUCHEROVA 1961 Aleksandr Dmitriyevich Peredruk St   Petersburg Boris Nemtsov commemoration event   St   Petersburg 29/02/2020 article 20.2 § 5 of CAO fine of RUB   10,000 St   Petersburg City Court 11/08/2020 Art. 5 (1) – unlawful detention – escorting to the police station for compiling an offence report on 12/03/2020;   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 the police officer on whose written statements the applicant’s conviction was based.   55370/20 21/11/2020 Svetlana Nikolayevna KOVALETS 1973 Aleksandr Dmitriyevich Peredruk St   Petersburg Protest against amendments to the Constitution   St   Petersburg 15/03/2020 article 20.2 § 5 of CAO fine of RUB   10,000 St   Petersburg City Court 01/09/2020 Art. 5 (1) - unlawful detention – escorting to and detention at the police station for compiling an offence report from 3.20 p.m. until 8.48 p.m. on 15/03/2020;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   1413/21 18/12/2020 Nadezhda Sergeyevna SHTEYUK 1963 Ernest Aleksandrovich Mezak St-Barthélemy d’Anjou Protest against a new city plan   Vylgort, Syktyvkar district 24/11/2019 article 20.2 § 1 of CAO fine of RUB   10,000 Supreme Court of the Komi Republic 18/03/2020 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   1864/21* 07/12/2020 Matvey Alekseyevich ALEKSANDROV 2000 Mariya Olegovna Eysmont Moscow Rally to support Ilya Azar   Moscow 05/06/2020 article 20.2 § 8 of CAO detention for 18 days Moscow City Court 11/06/2020 Art. 5 (1) – unlawful detention – escorting to and detention at the police station for compiling an offence report on 05/06/2020 and from 5.50 p.m. on 08/06/2020 until 1.25 p.m. on 09/06/2020; Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of 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 the applicant’s conviction was based in all sets of administrative-offence proceedings;   Art. 10 (1) - disproportionate measures against solo demonstrators – the applicant was fined RUB 300,000 for staging a solo demonstration by participating in a “picketing line” in the evening on 05/06/2020 in Moscow, after the rally on the same day (convicted under Article 20.2 § 8 of CAO for repeated breach of rules on public events, by the Moscow City Court on 30/10/2020).   10050/21 16/02/2021 Leonid Borisovich TSOY 1980     Sergey Aleksandrovich Loktev St   Petersburg Rally “Free Navalnyy”   St   Petersburg 31/01/2021     Protest against the war in Ukraine   St   Petersburg 24/02/2022   Protest against the war in Ukraine   St   Petersburg 02/04/2022 article 20.2.2 § 1 of CAO; article 19.3 § 1 of CAO     article 20.2.2 § 1 of CAO         article 20.2.2 § 1 of CAO       detention for 10 days; fine of RUB 1,000     detention for 7 days           fine of RUB 10,000       St   Petersburg City Court 10/02/2021 and 16/03/2021   St   Petersburg City Court 05/04/2022       St   Petersburg City Court 25/08/2022     Art. 5 (1) - unlawful detention – escorting to and detention at the police station after compiling an offence report (1) from 1.45 p.m. on 31/01/2021 until 9 a.m. on 01/02.2021; (2) on 24/02/2022; (3) from 4 p.m. on 02/04/2022 until 03/04/2022, when the applicant was taken to the court;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings (final decisions St   Petersburg City Court 10/02/2021, 16/03/2021, 05/04/2022 and 25/08/2022);   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trials the police officers on whose written statements the applicant’s conviction was based in all sets of the proceedings;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   12567/21* 15/02/2021 Oleg Dmitriyevich DZUTSEV 1991 Mariya Olegovna Eysmont Moscow Rally to support I.Azar   Moscow 05/06/2020 article 20.2 § 5 of CAO fine of RUB   20,000 Moscow City Court 08/09/2020 Art. 5 (1) - unlawful detention – escorting to and detention at the police station for compiling an offence report from 7.05 p.m. until 9.50 p.m. on 05/06/2020 and on 08/06/2020;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of 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 the applicant’s conviction was based in the administrative-offence proceedings concerning the applicant’s solo demonstration; Art. 10 (1) - disproportionate measures against solo demonstrators – the applicant was fined RUB 15,000 for staging a solo demonstration by participating in a “picketing line” in the evening on 05/06/2020 in Moscow, after the rally on the same day (convicted under Article 20.2 § 5 of CAO for participation in the unauthorised public event, Moscow City Court 30/10/2020).   19233/21* 22/03/2021 Mikhail Vladimirovich KUMIN 1977 Andrey Gennadyevich Lepekhin Chelyabinsk Rally to support the governor of Khabarovsk Region   S. Furgal   Miass 25/07/2020   Rally “Free Navalnyy”   Miass 23/01/2021 article 20.2 § 2 of CAO             article 19.3 § 1 of CAO fine of RUB   20,000             detention for 6 days Chelyabinsk Regional Court 23/09/2020         Chelyabinsk Regional Court 29/01/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 3.10 p.m. on 23/01/2021 until 11.05 a.m. on 25/01/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of administrative-offence proceedings.   21760/21 07/04/2021 Gennadiy Yevgenyevich PLATONOV 1963   Memorial Human Rights Centre Moscow Protest against constitutional amendments   Lipetsk 08/08/2020   Rally “Free Navalnyy”   Lipetsk 23/01/2021 article 20.2 § 1 of CAO           article 20.2 § 8 of CAO fine of RUB   10,000           fine of RUB   75,000 Lipetsk Regional Court 08/10/2020       Lipetsk Regional Court 01/04/2021 Art. 5 (1) - unlawful detention – escorting to and detention at the police station for compiling an offence report from 1.35 p.m. until 8.45 p.m. on 23/01/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of administrative-offence proceedings.   24401/21* 17/04/2021 Nikita Aleksandrovich KARAYEV 1986 Vitaliy Viktorovich Cherkasov St   Petersburg Rally to support   S. Furgal   Khabarovsk 02/09/2020   Rally to support   S. Furgal   Khabarovs 09/09/2020   Rally to support   S. Furgal   Khabarovsk 07/11/2020 article 20.2 § 6.1 of CAO         article 20.2 § 6.1 of CAO         article 20.2 § 8 of CAO fine of RUB   10,000         fine of RUB   10,000         detention for 7   days Khabarovsk Regional Court 10/11/2020     Khabarovsk Regional Court 01/03/2021   Khabarovsk Regional Court 18/11/2020 Art. 5 (1) - unlawful detention – escorting to and detention at the police station after compiling an offence report from 3 p.m. on 07/11/2020 until 12.20 p.m. on 09/11/2020 and from 9.45 p.m. on 12/01/2021 until 10.11 a.m. on 13/01/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 6.1 (which ended with the final decisions taken on 10/11/2020 and 01/03/2021 respectively);   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.     26614/21* 21/04/2021 Madina Shirvanovna PETRENKO 1973 Konstantin Vladimirovich Bubon Khabarovsk Rally to support S.Furgal   Khabarovsk 03/08/2020   Rally to support S.Furgal   Khabarovsk 09/08/2020   Rally to support S.Furgal   Khabarovsk 04/09/2020   Rally to support S.Furgal   Khabarovsk 11/09/2020   Rally to support S.Furgal   Khabarovsk 15/09/2020 article 20.2 § 6.1 of CAO         article 20.2 § 6.1 of CAO         article 20.2 § 6.1 of CAO         article 20.2 § 6.1 of CAO           article 20.2 § 6.1 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 Khabarovsk Regional Court 03/12/2020     Khabarovsk Regional Court 22/10/2020     Khabarovsk Regional Court 27/10/2020     Khabarovsk Regional Court 06/05/2021     Khabarovsk Regional Court 25/11/2020 Art. 5 (1) - unlawful detention – escorting to and detention at the police station after compiling an offence report from 12 p.m. on 24/03/2021 until 25/03/2021, when the applicant was taken to the court.         28576/21* 02/06/2021 Denis Viktorovich KORZH 1999   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow 23/01/2021   Rally “Free Navalnyy”   Moscow 02/02/2021 article 20.2 § 5 of CAO       article 20.2 § 5 of CAO fine of RUB   20,000       fine of RUB   10,000 Moscow City Court 18/03/2021     Moscow City Court 16/04/2021 Art. 5 (1) - unlawful detention – escorting to and detention at the police station from 1.09 p.m. until 8 p.m. on 23/01/2021 and from 10.45 p.m. on 02/02/2021 until 3.45 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 both sets of the administrative-offence proceedings;   Art. 6 (1) and Art. 6 (3) (d) – various deficiencies of the administrative offence proceedings (no possibility to adduce evidence or question police officers on whose written statements the conviction was based) – in both sets of the administrative-offence proceedings   33575/21* 22/06/2021 Pavel Gennadyevich OSIPOV 1998 Konstantin Aleksandrovich Markin Velikiy Novgorod Rally “Free Navalnyy”   Novgorod 23/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Novgorod Regional Court 18/02/2021 Art. 5 (1) - unlawful detention – escorting to and detention at the police station from 2.39 p.m. on 23/01/2021 until 4 p.m. on 24/01/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (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 the applicant’s conviction was based.   36969/21 16/07/2021 Yegor Andreyevich GROL 1993   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Saratov 23/01/2021   Rally “Free Navalnyy”   Saratov 31/01/2021 article 20.2 § 5 of CAO       article 20.2 § 5 of CAO fine of RUB   12,000       fine of RUB   12,000 Saratov Regional Court 04/06/2021   Saratov Regional Court 04/06/2021 Art. 5 (1) - unlawful detention – escorting to and detention at the police station for compiling an offence report from 4 p.m. until 7.30 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 both sets of the administrative-offence proceedings.   38835/21* 20/07/2021 Sergey Nikolayevich KAFTANATIY 1996 Aleksandr Yevgenyevich Pomazuyev Vilnius Rally “Free Navalnyy”   Tambov 31/01/2021 article 20.2 § 3 of CAO;   article 20.6.1 § 1 of CAO detention for 15 days; fine of RUB   15,000 Tambov Regional Court 05/02/2021 and 01/04/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the 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 the applicant’s conviction was based in both sets of the administrative-offence proceedings.  Citations
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Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;COMMUNICATEDCASES;ENG
- Date
- 5 octobre 2023
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:001-228454
Données disponibles
- Texte intégral
- Résumé officiel