CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 2 novembre 2023
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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 } .sEB7B64EC { height:76.7pt } .s8678E089 { height:76.25pt } .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 } .s1F74756B { height:59.15pt } .s946186C8 { height:1.8pt } .s7ECB4500 { height:39.2pt } .s5FFF0A7E { margin-top:0pt; margin-bottom:0pt; font-size:8pt } Published on 27 November 2023   FIRST SECTION Application no.   50374/21 Roman Vasilyevich BELOMESTNOV against Russia and 34 other applications (see list appended) PROCEDURAL INFORMATION Following a preliminary examination of the admissibility of the applications on 2 November 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     50374/21* 22/09/2021 Roman Vasilyevich BELOMESTNOV 1991     Manifestation in support of A. Navalnyy   Vladivostok 31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Primorye Regional Court 24/05/2021 Art. 8 (1) - unlawful search - Search of the applicant’s flat as part of the criminal investigation against unidentified perpetrators on 06/02/2021 authorised by the Pervorechenskiy District Court of Vladivostok on 05/02/2021; final decision on the matter was taken by the Primorye Regional Court on 23/03/2021; Specific defects: 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), no relevant or sufficient reasons to justify the search: no evidence supporting the search authorisation, applicant was not a suspect. The regional department of the interior opened a criminal investigation on charges of wilful blocking of transport communications. According to the official version, unidentified persons organised, by means of Internet communications, a gathering. The participants of the gathering blocked the street and, as a result, public buses and ambulances could not follow their routes. The applicant was suspected to be an organiser of the gathering. The purpose of the search was to find (1) electronical devices used to document the gathering, (2) documents pertaining to the crime and (3) other objects and documents necessary to establish the circumstances of the case.     12835/22* 09/02/2022 Yuliya Sergeyevna POSEVKINA 1976   Ernest Aleksandrovich Mezak Saint-Barthélemy-d’Anjou Manifestation against war in Ukraine   Syktyvkar 24/02/2022 article 20.2 §   8 of CAO 5 days’ administrative arrest Supreme Court of the Komi Republic 06/04/2022 Art.   10 (1) - conviction for making calls to participate in public events - the applicant was convicted under Article   20.2 §   2 of CAO for having posted information about a manifestation in support of A.   Navalnyy in Moscow and St   Petersburg, administrative fine of RUB   10,000; final decision on the matter was taken by the Supreme Court of the Komi Republic on 13/10/2021;   Art.   6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in respect of the proceedings which ended on 13/10/2021 and 06/04/2022;   Art.   5 (1) - unlawful detention - Arrest and detention on 24/02/2022 - Detention as an administrative suspect: no evidence/assessment of “exceptional circumstances” under Art.   27.3 §   1 CAO (see Butkevich v.   Russia, no.   5865/07, §§   63-64, 13   February 2018; Tsvetkova and Others v.   Russia, nos.   54381/08 and 5 others, §§   121-22, 10 April 2018); (raised in the administrative proceedings);   Art.   10 (1) - various restrictions on the right to freedom of expression - The applicant was convicted under Article   20.3.3 of CAO for making comments in a social network (VKontakte) with a purpose to discredit Russian armed forces during the period between 12/03/2022 and 30/03/2022; administrative fine of RUB   30,000; the final decision on the matter was taken by the Supreme Court of the Komi Republic on 28/09/2022     32325/22* 11/06/2022 Olga Mikhaylovna IVANOVA 1989   Natalya Andreyevna Baranova Moscow Anti-war protest   Irkutsk 06/03/2022 article 20.2 §   2 of CAO detention for 10 days Irkutsk Regional Court 16/03/2022 Art.   5 (1) - unlawful detention - Arrest and detention on 06/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art.   27.2 §   1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v.   Russia, no.   72051/17, §   34, 8 October 2019; Ryabinina and Others v.   Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019);   Art.   6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings     43965/22* 18/08/2022 Vadim Vitalyevich SMIRNOV 1967   Olesya Anatolyevna Vasilchenko Minyar Manifestation against the war in Ukraine   St   Petersburg 06/03/2022 article 20.2 §   5 of CAO fine of RUB   10,000 St   Petersburg City Court 19/04/2022 Art.   5 (1) - unlawful detention - Arrest and detention on 06/03/2022 from 5.15 p.m. to 11   p,m. - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art.   27.2 §   1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v.   Russia, no.   72051/17, §   34, 8 October 2019; Ryabinina and Others v.   Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019); Detention as an administrative suspect: beyond the three-hour statutory period (Art.   27.5(1)-(4) CAO) (see Tsvetkova and Others v.   Russia, nos.   54381/08 and 5 others, §§   121-22, 10 April 2018); the complaints were raised in the administrative proceedings;   Art.   6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings     44447/22 25/08/2022 Konstantin Sergeyevich FROLOV 1988   Aleksey Sergeyevich Lapuzin Samara Anti-war protest   Samara 27/02/2022 article 20.2 §   5 of CAO fine of RUB   10,000 Samara Regional Court 28/04/2022 Art.   5 (1) - unlawful detention - Arrest and detention on 27/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art.   27.2 §   1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v.   Russia, no.   72051/17, §   34, 8 October 2019; Ryabinina and Others v.   Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019); the complaint was raised in the administrative proceedings;   Art.   6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings     45200/22* 15/09/2022 Semen Aleksandrovich KOVALEV 2001       Manifestation against the war in Ukraine   St   Petersburg 27/02/2022 article 20.2 §   6.1 of CAO fine of RUB   10,000 St   Petersburg City Court 31/05/2022 Art.   6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art.   5 (1) - unlawful detention - arrest and detention from 7.12 p.m. on 27/02/2022 to 7   a.m. on 28/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art.   27.2 §   1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v.   Russia, no.   72051/17, §   34, 8 October 2019; Ryabinina and Others v.   Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019); Detention as an administrative suspect: beyond the three-hour statutory period (Art.   27.5(1)-(4) CAO) (see Tsvetkova and Others v.   Russia, nos.   54381/08 and 5 others, §§   121-22, 10 April 2018); raised in the administrative proceedings     45494/22* 26/08/2022 Konstantin Valeryevich CHEMEZOV 1999       Anti-war protest   Yekaterinburg 06/03/2022 article 20.2 §   5 of CAO fine of RUB   14,000 Sverdlovsk Regional Court 02/06/2022 Art.   5 (1) - unlawful detention - Arrest and detention at the police station after compiling an offence report from 3 p.m. till 6.45 p.m. on 06/03/2022 - Detention as an administrative suspect: beyond the three-hour statutory period (Art.   27.5(1)-(4) CAO) (see Tsvetkova and Others v.   Russia, nos.   54381/08 and 5 others, §§   121-22, 10 April 2018); the complaint was raised in the administrative proceedings;   Art.   6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings     46001/22* 10/09/2022 Vladimir Viktorovich RENZHIN 1968   Vladislav Vladimirovich Kosnyrev Syktyvkar Manifestation against the war in Ukraine   Syktyvkar 24/02/2022 article 20.2 §   5 of CAO fine of RUB   10,000 Supreme Court of the Komi Republic 11/05/2022 Art.   6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in respect of both sets of administrative proceedings (final relevant decisions were taken by the Supreme Court of the Komi Republic on 11/05/2022 and 10/08/2022 respectively);   Art.   10 (1) - various restrictions on the right to freedom of expression - Conviction under Article 20.3.3 §   1 of CAO for putting up an anti-war poster in Syktyvkar on 24/02/2022/administrative fine of RUB   35,000/ Supreme Court of the Komi Republic on 10/08/2022 (appeal decision);   Art.   5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 24/04/2022 Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art.   27.2 §   1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v.   Russia, no.   72051/17, §   34, 8 October 2019; Ryabinina and Others v.   Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019); the complaint was raised in the administrative proceedings (lodged on 10/12/2022).     47937/22* 12/09/2022 Mark Dmitriyevich POLYAK 1988   Dmitriy Georgiyevich Gerasimov St   Petersburg Manifestation against the war in Ukraine   St   Petersburg 27/02/2022 article 20.2 §   6.1 of CAO fine of RUB   10,000 St   Petersburg City Court 26/05/2022 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 open court police officers on whose written statements the applicant’s conviction was based   48301/22* 14/09/2022 Olga Sergeyena ARTEMYEVA 1996       Demonstration against the war in Ukraine   Ufa 27/02/2022 article 20.2 §   5 of CAO fine of RUB   10,000 Supreme Court of the Bashkortostan Republic 16/05/2022 Art.   6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - 16/05/2022, Supreme Court of the Bashkortostan Republic;   Art.   5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 27/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art.   27.2 §   1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v.   Russia, no.   72051/17, §   34, 8 October 2019; Ryabinina and Others v.   Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019) (raised on appeal in the administrative proceedings).   48357/22* 14/09/2022 Dmitriy Gennadyevich ZAYTSEV 1999   Daniil Alekseyevich Polyakov Voronezh Manifestation against the war in Ukraine   Voronezh 06/03/2022 article 20.2 §   5 of CAO fine of RUB   10,000 Voronezh Regional Court 21/06/2022 Art.   6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art.   5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 06/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art.   27.2 §   1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v.   Russia, no.   72051/17, §   34, 8 October 2019; Ryabinina and Others v.   Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019); the complaint was raised in the administrative proceedings   48359/22* 14/09/2022 Pavel Vitalyevich BELYAYEV 1989   Daniil Alekseyevich Polyakov Voronezh Manifestation against the war in Ukraine   Voronezh 06/03/2022 article 20.2 §   5 of CAO fine of RUB   5,000 Voronezh Regional Court 26/07/2022 Art.   6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art.   5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 06/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art.   27.2 §   1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v.   Russia, no.   72051/17, §   34, 8 October 2019; Ryabinina and Others v.   Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019); the complaint was raised in the administrative proceedings   48360/22* 14/09/2022 Valeriya Yevgenyevna KOTOVA 2000   Daniil Alekseyevich Polyakov Voronezh Manifestation against the war in Ukraine   Voronezh 24/02/2022 article 20.2 §   5 of CAO fine of RUB   5,000 Voronezh Regional Court 19/07/2022 Art.   6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art.   5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 24/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art.   27.2 §   1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v.   Russia, no.   72051/17, §   34, 8 October 2019; Ryabinina and Others v.   Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019); the complaint was raised in the administrative proceedings   48600/22* 30/09/2022 Yelena Konstantinovna GORODNITSYNA 1994   Aleksey Sergeyevich Lapuzin Samara Manifestation against the war in Ukraine   Samara 27/02/2022 article 20.2 §   5 of CAO fine of RUB   10,000 Samara Regional Court 02/06/2022 Art.   6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art.   5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 27/02/2022 from 3 p.m. to 8.14 p.m. - Detention as an administrative suspect: beyond the three-hour statutory period (Art.   27.5(1)-(4) CAO) (see Tsvetkova and Others v.   Russia, nos.   54381/08 and 5 others, §§   121-22, 10 April 2018); the complaint was raised in the administrative proceedings   49050/22* 15/09/2022 Ivan Aleksandrovich SVIRIDOV 2001   Konstantin Mikhaylovich Zinovyev Nizhniy Novgorod Anti-war protest   Nizhniy Novgorod 06/03/2022 article 20.2 §   5 of CAO fine of RUB   15,000 Nizhniy Novgorod Regional Court 26/05/2022 Art.   5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 06/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art.   27.2 §   1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v.   Russia, no.   72051/17, §   34, 8 October 2019; Ryabinina and Others v.   Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019); the complaint raised in the administrative proceedings;   Art.   6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   49973/22 07/10/2022 Irina Petrovna SHELKUNOVA 1988   Nataliya Andreyevna Baranova Moscow Anti-war protest   Moscow 27/02/2022 article 20.2 §   5 of CAO fine of RUB   10,000 Moscow City Court 07/06/2022 Art.   5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention at the police station after compiling an offence report from 7.30   p.m. on 27/02/2022 till 2.00 a.m. on 28/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art.   27.2 §   1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v.   Russia, no.   72051/17, §   34, 8 October 2019; Ryabinina and Others v.   Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019); Detention as an administrative suspect: beyond the three-hour statutory period (Art.   27.5(1)-(4) CAO) (see Tsvetkova and Others v.   Russia, nos.   54381/08 and 5 others, §§   121-22, 10 April 2018); the complaints were raised in the administrative proceedings;   Art.   6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art.   6 (1) - and Art.   6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based   50877/22* 19/10/2022 Georgiy Yuryevich SIDORENKO 1998   Natalya Andreyevna Baranova Moscow Manifestation against the war in Ukraine   Moscow 25/02/2022 article 20.2 §   5 of CAO fine of RUB   10,000 Moscow City Court 21/06/2022 Art.   6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art.   5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 25/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art.   27.2 §   1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v.   Russia, no.   72051/17, §   34, 8 October 2019; Ryabinina and Others v.   Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019); the complaint was raised in the administrative proceedings   50899/22* 15/09/2022 Darya Denisovna ANDRIANOVA 2000   Andrey Anatolyevich Slavkin Murmansk Manifestation against the war in Ukraine   Murmansk 06/03/2022 article 20.2 §   2 of CAO fine of RUB   20,000 Murmansk Regional Court 30/05/2022     50992/22 17/10/2022 Anton Aleksandrovich ANDREYEV 1992       Manifestation against the war in Ukraine   Moscow 25/02/2022 article 20.2 §   5 of CAO fine of RUB   15,000 Moscow City Court 17/06/2022 Art.   6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art.   5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention from 9 p.m. on 25/02/2022 to 10 a.m. on 26/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art.   27.2 §   1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v.   Russia, no.   72051/17, §   34, 8 October 2019; Ryabinina and Others v.   Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019); Detention as an administrative suspect: beyond the three-hour statutory period (Art.   27.5(1)-(4) CAO) (see Tsvetkova and Others v.   Russia, nos.   54381/08 and 5 others, §§   121-22, 10 April 2018); the complaints were raised in the administrative proceedings   51408/22* 26/10/2022 Yelizaveta Alekseyevna DADONOVA 1978   Natalya Andreyevna Baranova Moscow Manifestation against the war in Ukraine   Moscow 06/03/2022 article 20.2 §   5 of CAO fine of RUB   10,000 Moscow City Court 27/06/2022 Art.   6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - 27/06/2022, Moscow City Court   51516/22 05/10/2022 Margarita Igorevna YADROVSKAYA 1992   Natalya Andreyevna Baranova Moscow Manifestation against the war in Ukraine   Moscow 25/02/2022 article 20.2 §   5 of CAO fine of RUB   20,000 Moscow City Court 07/06/2022 Art.   5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention from 7.45 p.m. o 25/02/2022 to 1.10 a.m. on 26/02/2022. Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art.   27.2 §   1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v.   Russia, no.   72051/17, §   34, 8 October 2019; Ryabinina and Others v.   Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019); Detention as an administrative suspect: beyond the three-hour statutory period (Art.   27.5(1)-(4) CAO) (see Tsvetkova and Others v.   Russia, nos.   54381/08 and 5 others, §§   121-22, 10 April 2018) (raised in the administrative proceedings);   Art.   6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - 07/06/2022, Moscow City Court;   Art.   6 (1) - and Art.   6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - The applicant was unable to confront the police officers on whose statements her conviction was based   52115/22 27/10/2022 German Aleksandrovich TITOV 1988   Valeriya Aleksandrovna Arshinova Moscow Manifestation against the war in Ukraine   Moscow 27/02/2022 article 20.2 §   6.1 of CAO fine of RUB   15,000 Moscow City Court 27/06/2022 Art.   5 (1) - unlawful detention - Arrest and detention on 27/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art.   27.2 §   1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v.   Russia, no.   72051/17, §   34, 8 October 2019; Ryabinina and Others v.   Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019) (raised in the administrative proceedings);   Art.   6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art.   6 (1) - and Art.   6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - the applicant was unable to confront the police officers on whose statements his conviction was based   52377/22* 26/10/2022 Anastasiya Andreyevna SERDYUK 2000       Manifestation against the war in Ukraine   Krasnoyarsk 06/03/2022 article 20.2 §   5 of CAO fine of RUB   10,000 Krasnoyarsk Regional Court 29/06/2022 Art.   5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 06/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art.   27.2 §   1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v.   Russia, no.   72051/17, §   34, 8 October 2019; Ryabinina and Others v.   Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019); the complaint was raised in the administrative proceedings;   Art.   6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   53818/22* 26/10/2022 Monika Albertovna BASTRON 2001   Luiza Magomedovna Magomedova St Petersburg Manifestation against the war in Ukraine   St Petersburg 02/04/2022 article 20.2 § 2 of CAO fine of RUB   15,000 St Petersburg City Court 25/08/2022 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - The applicant taken to a police station as an administrative suspect: there is no evidence/assessment that it was impossible to draw up an offence record on the spot (Article 27.2 § 1 of the CAO) and to achieve the goals set by Art. 27.1 of CAO, e.g., to identify the suspect (Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   53822/22* 26/10/2022 Aleksey Viktorovich KASATKIN 1962   Luiza Magomedovna Magomedova St Petersburg Manifestation against the war in Ukraine   St Petersburg 24/02/2022 article 20.2.2 §   1 of CAO fine of RUB   10,000 St Petersburg City Court 28/06/2022 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - The applicant complained of being taken to a police station as an administrative suspect: there is no evidence/assessment that it was impossible to draw up an offence record on the spot (Article 27.2 § 1 of the CAO) and to achieve the goals set by Art. 27.1 of CAO, e.g., to identify the suspect (Korneyeva v.   Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019);   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceeding   53829/22* 11/11/2022 Nikolay Vladimirovich PTITSYN 1976   Nataliya Andreyevna Baranova Moscow Manifestation against the war in Ukraine   Moscow 13/03/2022 article 20.2 §   5 of CAO fine of RUB   20,000 Moscow City Court 13/07/2022 Art.   5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention from 3 p.m. to 10 p.m. on 13/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art.   27.2 §   1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v.   Russia, no.   72051/17, §   34, 8 October 2019; Ryabinina and Others v.   Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019); Detention as an administrative suspect: beyond the three-hour statutory period (Art.   27.5(1)-(4) CAO) (see Tsvetkova and Others v.   Russia, nos.   54381/08 and 5 others, §§   121-22, 10 April 2018); the complaints were raised in the administrative proceedings;   Art.   6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art.   6 (1) - and Art.   6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - The applicant complained of the inability to cross-examine in the first-instance trial two police officers on whose written statements his conviction was based   54951/22* 29/10/2022 Anton Vyacheslavovich DENGUBOV 1992       Manifestation against the war in Ukraine   Yekaterinburg 06/03/2022 article 20.2 §   5 of CAO fine of RUB   20,000 Sverdlovsk Regional Court 29/06/2022 Art.   5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention from 2.25 p.m. to 11.30 p.m. on 06/03/2022 - Detention as an administrative suspect: beyond the three-hour statutory period (Art.   27.5(1)-(4) CAO) (see Tsvetkova and Others v.   Russia, nos.   54381/08 and 5 others, §§   121-22, 10 April 2018); the complaint was raised in the administrative proceedings; Art.   6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   55875/22 08/10/2022 Anna Rifatovna SAYFUTDINOVA 1988   Yelena Vladimirovna Lipatova Moscow Anti-war protest   Moscow 24/02/2022 article 20.2 §   5 of CAO fine of RUB   10,000 Moscow City Court 09/06/2022 Art.   6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art.   5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 7.10 p.m. on 24/02/2022 to 1 a.m. 25/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art.   27.2 §   1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v.   Russia, no.   72051/17, §   34, 8 October 2019; Ryabinina and Others v.   Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019); Detention as an administrative suspect: beyond the three-hour statutory period (Art.   27.5(1)-(4) CAO) (see Tsvetkova and Others v.   Russia, nos.   54381/08 and 5 others, §§   121-22, 10 April 2018); the complaints were raised in the administrative proceedings;   Art.   6 (1) - and Art.   6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court police officer on whose written statements the applicant’s conviction was based   57351/22* 13/11/2022 Ulyana Aleksandrovna BOGRACHEVA 1974       Calls to participation in the manifestation against the war in Ukraine   Moscow 12/03/2022   Manifestation against the war in Ukraine   Moscow 24/02/2022 article 20.2 §   2 of CAO                   article 20.2 §   5 of CAO fine of RUB   20,000                   fine of RUB   15,000 Moscow City Court 13/07/2022                 Moscow City Court 19/07/2022 Art.   6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in respect of both sets of administrative proceedings;   Art.   5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 13/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art.   27.2 §   1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v.   Russia, no.   72051/17, §   34, 8 October 2019; Ryabinina and Others v.   Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019); the complaint was raised in the administrative proceedings   57553/22* 02/12/2022 Polina Yuryevna ZHUCHKOVA 2003       Manifestation against the war in Ukraine   Moscow 25/02/2022 article 20.2 §   5 of CAO fine of RUB   20,000 Moscow City Court 03/08/2022 Art.   5 (1) - unlawful detention - Arrest and detention from 8.20 p.m. om 25/02/2022 to 6.32 a.m. on 26/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art.   27.2 §   1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v.   Russia, no.   72051/17, §   34, 8 October 2019; Ryabinina and Others v.   Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019); Detention as an administrative suspect: beyond the three-hour statutory period (Art.   27.5(1)-(4) CAO) (see Tsvetkova and Others v.   Russia, nos.   54381/08 and 5 others, §§   121-22, 10 April 2018); the complaints were raised in the administrative proceedings;   Art.   6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art.   6 (1) - and Art.   6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - The applicant was unable to confront the police officers on whose written statements her conviction was based.   57587/22* 19/11/2022 Kristina Vladimirovna DEYEVA 1995   Kristina Olegovna Tyurina Nizhniy Novgorod Manifestation against the war in Ukraine   Nizhniy Novgorod 06/03/2022 article 20.2 §   5 of CAO fine of RUB   10,000 Nizhniy Novgorod Regional Court 20/07/2022 Art.   6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art.   5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 06/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art.   27.2 §   1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v.   Russia, no.   72051/17, §   34, 8 October 2019; Ryabinina and Others v.   Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019); the complaint was raised in the administrative proceedings   57728/22* 08/12/2022 Arseniy Nikolayevich VASILENKO 2001   Timofey Borisovich Ushakov Kokoshkino Manifestation against the war in Ukraine   Moscow 26/02/2022   Manifestation against the war in Ukraine   Moscow 27/02/2022 article 20.2 §   5 of CAO             article 20.2 §   5 of CAO fine of RUB   20,000             fine of RUB   15,000 Moscow City Court 11/11/2022           Moscow City Court 15/08/2022 Art.   6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in respect of the proceedings which ended on 15/08/2022   7559/23* 04/01/2023 Maksim Aleksandrovich DEMINSKIY 1966       Manifestation against the war in Ukraine   Moscow 03/03/2022 article 20.2 §   5 of CAO fine of RUB   20,000 Moscow City Court 09/09/2022 Art.   5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention from 7 p.m. on 03/03/2022 to 6 a.m. on 04/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art.   27.2 §   1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v.   Russia, no.   72051/17, §   34, 8 October 2019; Ryabinina and Others v.   Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019); Detention as an administrative suspect: beyond the three-hour statutory period (Art.   27.5(1)-(4) CAO) (see Tsvetkova and Others v.   Russia, nos.   54381/08 and 5 others, §§   121-22, 10 April 2018); the complaints were raised in the administrative proceedings;   Art.   6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   7565/23* 06/01/2023 Yekaterina Aleksandrovna VIKHANSKAYA 1995       Manifestation against the war in Ukraine   Moscow 03/03/2022 article 20.2 §   5 of CAO fine of RUB   20,000 Moscow City Court 09/09/2022 Art.   5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Detention took place from 7.30 p.m. on 03/03/2022 to 2.30 a.m. on 04/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art.   27.2 §   1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v.   Russia, no.   72051/17, §   34, 8 October 2019; Ryabinina and Others v.   Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019); Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art.   27.2 §   1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v.   Russia, no.   72051/17, §   34, 8 October 2019; Ryabinina and Others v.   Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019) (raised on appeal in the administrative proceedings);   Art.   6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - fine of RUB   20,000; 09/09/2022, Moscow City Court   8026/23* 27/03/2022 Mikhail Leontyevich UDIMOV 1955   Nikolay Sergeyevich Zboroshenko Mytishchi Manifestation against the war in Ukraine   Moscow 20/02/2022 article 19.3 §   1 of CAO administrative detention of 15 days Moscow City Court 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;   Art.   5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 20/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art.   27.2 §   1 CAO) and achieve the objectives set out in Art.   27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v.   Russia, no.   72051/17, §   34, 8 October 2019; Ryabinina and Others v.   Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2 July 2019); the complaint was raised in the administrative proceedings  Citations
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Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;COMMUNICATEDCASES;ENG
- Date
- 2 novembre 2023
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:001-229228
Données disponibles
- Texte intégral
- Résumé officiel