CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 5 octobre 2023
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- ECLI:CEDH:001-228458
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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 } .s192473F9 { margin-top:12pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-size:8pt } Published on 30 October 2023   THIRD SECTION Application no.   53913/15 Yelena Gennadyevna BORISOVA against Russia and 24 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     53913/15* 19/10/2015 Yelena Gennadyevna BORISOVA 1985 Nikolay Sergeyevich Zboroshenko Mytishchi Protest in defence of citizen’s rights   Moscow   01/02/2015 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 12/05/2015 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.     73381/17* 05/10/2017 Anastasiya Ilyinichna VASILYEVA 1996 Aleksey Vladimirovich Glukhov Novocheboksarsk Meeting with voters   Cheboksary   29/08/2020 article 20.2 § 5 of CAO fine of RUB   10,000 Supreme Court of Chuvashia 14/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 3.20 p.m. on 05/02/2021 until 8.32 a.m. on 06/02/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of administrative-offence proceedings;   Art. 10 (1) - various restrictions on the right to freedom of expression - the applicant together with three other persons was fined RUB   20,000 under Article 20.2 § 2 of the CAO for having publicly displayed a banner "You will not kill everyone, you will not imprison everyone" accompanied by lighting flares at the bridge in Cheboksary on 25/02/2017 (final decision on 13/04/2017 by the Supreme Court of Chuvashia).     84539/17* 14/12/2017 Denis Viktorovich UVAROV 1987 Konstantin Ilyich Terekhov Moscow Anti-corruption rally   St Petersburg   12/06/2017 article 19.3 § 1 of CAO; article   20.2 § 5 of CAO detention for 10 days; fine of RUB   10,000 St Petersburg City Court 16/06/2017 (two sets of the proceedings with the decisions being issued on the same day) 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. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant in terms of administrative-offence proceedings under Article 19.3 § 1 of the CAO was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.     84562/17* 14/12/2017 Aleksandr Sergeyevich KOVALENKOV 1986 Konstantin Ilyich Terekhov Moscow Anti-corruption rally   St Petersburg   12/06/2017 article 19.3 § 1 of CAO;     article   20.2 § 5 of CAO detention for 10 days;     fine of RUB   10,000 St Petersburg City Court 20/06/2017;   St Petersburg City Court 11/07/2017 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 3.25 p.m. on 12/06/2017 until afternoon on 13/06/2017, 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 the trial the police officers on whose written statements the applicant’s conviction was based (in both 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 in terms of administrative-offence proceedings under Article 19.3 § 1 of the CAO was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.     84567/17* 14/12/2017 Aleksandr Aleksandrovich BARANOV 1983 Konstantin Ilyich Terekhov Moscow Anti-corruption rally   Moscow   12/06/2017 article 19.3 § 1 of CAO detention for 10 days Moscow City Court 15/06/2017 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 6.30 p.m. on 12/06/2017 until 10 a.m. on 13/06/2017;   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.     1310/18* 14/12/2017 Mark Aleksandrovich ABRAMOV   Aleksandr Dmitriyevich Peredruk 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   15,000;       detention for 5 days St Petersburg City Court 29/06/2017   St Petersburg City Court   16/06/2017 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 2.30 p.m. on 12/06/2017 until 6.30 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 the trial the police officers on whose written statements the applicant’s conviction was based;   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).     3610/18* 23/12/2017 Olesya Valeryevna KHRISTOSENKO 1997 Aleksandr Vasilyevich Popkov Sochi Anti-corruption rally   Sochi   12/06/2017   Rally to support A.   Navalnyy   Sochi   07/10/2017 article 20.2 §   6.1 of CAO           article 20.2 § 8 of CAO detention for 7 days             detention for 8 days Krasnodar Regional Court 12/07/2017         Krasnodar Regional Court 02/11/2017 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 (3) (b) - adequate time/facilities for preparation of defence and Art. 6 (3) (c) – absence of the applicant party from the appeal hearing in a criminal case - the applicant and her lawyer were notified about the appeal hearing on 02/11/2017 in the evening on 01/11/2017, which gave them no opportunity to participate in it owing to remote location of the court of appeal (290 km of distance from Sochi);   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant in both sets of administrative-offence proceedings was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.     3617/18* 23/12/2017 Valeriy Paatayevich TUAYEV 1993 Aleksandr Vasilyevich Popkov Sochi Anti-corruption rally   Sochi   12/06/2017   Opposition protest   Sochi   26/03/2018 article 20.2 §   6.1 of CAO           article 20.2 § 8 of CAO detention for 10 days           detention for 20 days Krasnodar Regional Court 23/06/2017         Krasnodar Regional Court 19/04/2018 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 the proceedings;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant in both sets of administrative-offence proceedings was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.     3622/18* 23/12/2017 Sergey Nikolayevich LOMAN 1971 Aleksandr Vasilyevich Popkov Sochi Anti-corruption rally   Sochi   12/06/2017 article 20.2 §   6.1 of CAO detention for 10 days Krasnodar Regional Court 23/06/2017 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 6 (3) (b) - adequate time/facilities for preparation of defence and Art. 6 (3) (c) – absence of the applicant party from the appeal hearing in a criminal case - the applicant and his lawyer were notified about the appeal hearing 1.5 hours before its start and thus had no time to prepare for it;   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.   4821/18* 09/12/2017 Roman Viktorovich RUBANOV 1980 Ivan Yuryevich Zhdanov Vilnius Anti-corruption rally   Moscow   12/06/2017 article 19.3 § 1 of CAO detention for 10 days Moscow City Court 19/06/2017 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   5246/18* 03/01/2018 Anna Aleksandrovna IVANOVA 1991 Konstantin Ilyich Terekhov Moscow 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 7 days St Petersburg City Court 06/07/2017 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 3 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;   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.   5280/18* 08/01/2018 Aleksey Gennadyevich BUDKIN 1984 Konstantin Ilyich Terekhov Moscow Anti-corruption rally   St Petersburg   12/06/2023 article 20.2 § 5 of CAO; article   19.3 § 1 of CAO fine of RUB   10,000; detention for 7 days St Petersburg City Court 27/07/2017 (two sets of the proceedings which ended with separate 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 2.53 p.m. on 12/06/2017 until afternoon on 14/06/2017;   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. 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.   24905/18 18/05/2018 Nikita Sergeyevich PAVLOV 1991 Konstantin Mikhaylovich Zinovyev Nizhniy Novgorod Rally to support A.   Navalnyy   Nizhniy Novgorod   29/09/2017 article 20.2 § 5 of CAO fine of RUB   15,000 Nizhniy Novgorod Regional Court 23/11/2017 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.   39376/18* 09/08/2018 Ilya Sergeyevich DANILOV 1989     Rally to support A.   Navalnyy   Lipetsk   28/01/2018 Article 20.2 § 8 of CAO detention for 20 days Lipetsk Regional Court 12/02/2018 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 28/01/2021;   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 (under Article 20.2 § 8 and Article 20.2 § 2 of the CAO);   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 (in the proceedings under Article 20.2 § 2 of the CAO);   Art. 10 (1) - conviction for making calls to participate in the rally to support A.   Navalnyy on 23/01/2021 in Lipetsk, Article 20.2 § 2 of CAO, detention for 10 days, final decision Lipetsk Regional Court on 28/01/2021;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant in the administrative-offence proceedings under Article 20.2 § 2 of CAO was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   50845/18* 10/10/2018 Aleksandr Andreyevich TEREVERKO 1993 Ivan Yuryevich Zhdanov Vilnius Political rally   Voronezh   05/05/2018 article 20.2 § 5 of CAO; article   19.3 § 1 of CAO fine of RUB   10,000; detention for 2 days Voronezh Regional Court 26/06/2018 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 7.35 p.m. on 05/05/2018 until 06/05/2018, 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;   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 the CAO).   53841/18* 25/10/2018 Maksim Igorevich KOSTAREV 1985 Aleksandr Dmitriyevich Peredruk St Petersburg Political rally   St Petersburg   05/05/2018 article 19.3 § 1 of CAO;     article   20.2 § 5 of CAO detention for 10 days;     20   hours of community work St Petersburg City Court 11/05/2018   St Petersburg City Court 10/01/2019     Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 5.50 p.m. on 05/05/2018 until 9.15 a.m. on 06/06/2018;   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 and question defence witnesses, 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).   57432/18 21/11/2018 Mariya Arkadyevna PECHISHCHEVA 1994   Varvara Dmitriyevna Mikhaylova St Petersburg Political rally   St Petersburg   05/05/2018 article 20.2 § 5 of CAO;       article   19.3 § 1 of CAO fine of RUB   10,000;     detention for 3 days St Petersburg City Court 29/05/2018   St Petersburg City Court 22/05/2018 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 5.40 p.m. on 05/05/2018 until 07/05/2018, when she 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 the trial the police officers on whose written statements the applicant’s conviction was based in both sets of the 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).   3834/19* 29/12/2018 Rostislav Sergeyevich CHULEVSKIY 1995 Aleksandr Vasilyevich Popkov Sochi Political rally   Krasnodar   05/05/2018 article 20.2 § 5 of CAO; article   19.3 § 1 of CAO fine of RUB   10,000; detention for 1 day Krasnodar Regional Court 04/07/2018 Art. 5 (1) - unlawful detention - escorting to and detention at the police station from 6.45 p.m. on 05/05/2018 until 10 a.m. on 06/05/2018;   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.       4263/19* 13/12/2018 Denis Andreyevich SHAKHOV 1999 Ivan Yuryevich Zhdanov Vilnius Political rally   St Petersburg   05/05/2018 article 20.2 § 5 of CAO; article   19.3 § 1 of CAO fine of RUB   10,000; fine of RUB   700 St Petersburg City Court 26/06/2018 (two sets of the proceedings with the decisions issued on the same date) Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.55 p.m. on 05/05/2018 until 3.30 a.m. on 06/05/2018;   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. 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).   5293/19* 13/12/2018 Ivan Aleksandrovich MILGUNOV 1999 Ivan Yuryevich Zhdanov Vilnius Political rally   Voronezh   05/05/2018 article 20.2 § 5 of CAO; article   19.3 § 1 of CAO fine of RUB   10,000; detention for 4 days Voronezh Regional Court 25/06/2018 (two sets of the proceedings with the decisions issued on the same date) Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 5.47 p.m. on 05/05/2018 until 06/05/2018, 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;   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).   6638/19* 21/01/2019 Aleksandr Nikolayevich ZINOV 1983 Ivan Yuryevich Zhdanov Vilnius Political rally   Kaluga   05/05/2018 article 19.3 § 1 of CAO;     article   20.2.2 § 1 of CAO fine of RUB   500;     fine of RUB   5,000 Kaluga Regional Court 16/08/2018   Kaluga Regional Court 21/08/2018 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.10 p.m. until 5.49 p.m. on 05/05/2018;   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.   17161/19* 11/03/2019 Irina Igorevna SIGOVA 1988   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   15,000 St Petersburg City Court 11/09/2018 Art. 6 (1) - unfair trial in administrative offence proceedings - various deficiencies of the administrative offence proceedings (no possibility to adduce evidence, namely video recordings, or question police officers on whose written statements the conviction was based).   18240/19* 22/03/2019 Aleksey Yuryevich VORSIN 1987 Tatyana Sergeyevna Glushkova Moscow Rally in support of S.   Furgal   Khabarovsk   25/07/2020 article 20.2 §   6.1 of CAO detention for 10 days Khabarovsk Regional Court 27/10/2020 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 4.55 p.m. on 15/08/2020 until 17/08/2020, 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 under Article 20.2 § 8 of the CAO (final decision Khabarovsk Regional Court on 04/10/2018) and Article 20.2 § 5 of the CAO (final decision Khabarovsk Regional Court on 27/10/2020);   Art. 10 (1) - conviction for making calls to participate in public events – 1) rally to support A.   Navalnyy and S.   Furgal on 23/01/2021, Article   20.2 § 8 of the CAO, fine of RUB   150,000, final decision on 24/02/2021, Khabarovsk Regional Court; 2) protest against retirement age hike on 09/09/2018, Article 20.2 § 8 of the CAO, detention for 15   days, final decision on 04/10/2018 Khabarovsk Regional Court.   31913/19* 29/05/2019 Oleg Aleksandrovich YELANCHIK 1990     Protest against war in Ukraine   Moscow   06/03/2022 article 20.2 § 5 of CAO fine of RUB   20,000 Moscow City Court 29/07/2022 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 06/03/2022;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 17.3 § 2 of the CAO (final decision Dorogomilovskiy District Court of Moscow on 23/01/2019);   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 the proceedings under Article 20.2 § 5 of the CAO).   57166/19* 16/10/2019 Isropil Mikailovich NALGIYEV 1990 Marina Vladimirovna Agaltsova Moscow Protest against change of borders between Ingushetia and Chechnya   Magas   25/03/2019 article 20.2 § 5 of CAO fine of RUB   20,000 Supreme Court of Ingushetia 13/06/2019 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in 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:001-228458
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