CEDH · CASELAW;COMMUNICATEDCASES;ENG — 2 novembre 2023

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s40F41F73 { margin-top:0pt; margin-bottom:0pt; text-align:right } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s34DFC730 { margin-top:0pt; margin-bottom:0pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s54AB6003 { margin-top:66pt; margin-bottom:14pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .sE7C30868 { margin-top:12pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s2D9C6089 { margin-top:12pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .sA36B60A1 { font-family:Arial; font-style:italic } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s4ACA9207 { page-break-before:always; clear:both; mso-break-type:section-break } .s6DB91820 { text-align:center } .s8BB62139 { margin-right:auto; margin-left:auto; border-collapse:collapse } .s3695F815 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top; background-color:#dfdfdf } .sDF237D91 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:8pt } .sEECE831 { font-family:Arial; font-weight:bold; color:#474747 } .sE8934522 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top } .s6B505E72 { margin:0pt; padding-left:0pt } .s4F2ADFDB { text-align:center; font-family:Arial; font-size:8pt; list-style-position:inside } .sBB6163A7 { width:2.48pt; font:7pt 'Times New Roman'; display:inline-block } .s5FFF0A7E { margin-top:0pt; margin-bottom:0pt; font-size:8pt } .sEDA6BB6C { margin-top:12pt; margin-bottom:0pt; text-align:center; font-size:8pt } Published on 27 November 2023   SECOND SECTION Application no.   40953/21 Aleksandr Anatolyevich LEVANOV against Russia and 20 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 charges Penalty Final domestic decision Court Name Date Other complaints under well-established case-law     40953/21 23/07/2021 Aleksandr Anatolyevich LEVANOV 1986   Andrey Gennadyevich Lepekhin Chelyabinsk Rally "Free Navalnyy"   Chelyabinsk 23/01/2021 article 19.3 § 1 of CAO detention for 13 days Chelyabinsk Regional Court 27/01/2021 Art. 10 (1) - disproportionate measures against solo demonstrators - 25/02/2021 /solo demonstration in support of A. Navalnyy / Article 20.2. § 8 of CAO / fine of RUB 150,000 / 26/02/2021 Tverskoy District Court of Moscow / 09/07/2021 Moscow City Court,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of administrative-offence proceedings (in connection with events on 23/01/2021 and 02/03/2022),   Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - escorting to and detention at the police station for compiling an offence record between 3.45 p.m. to 11.40 p.m. on 23/01/2021.,   Art. 10 (1) - conviction for the display of slogans/banners/other symbols by participants in public events - 02/03/2022 / conviction for a call to participate in an anti-war rally posted on a social network / Article 20.3.3. § 2 / fine of RUB 90,000 / 07/07/2022 Chelyabinsk Regional Court,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based / 25/04/2022 Leninskiy District Court / 07/07/2022 Chelyabinsk Regional Court     41629/21* 30/07/2021 Kristina Dzhonson RAMIRES 1990   Yeva Viktorovna Levenberg Moscow Rally "Free Navalnyy"   Moscow 31/01/2021 article 20.2 § 6.1 of CAO detention for 7 days Moscow City Court 04/02/2021 Art. 10 (1) – disproportionate measures against solo demonstrators:   23/01/2021 /solo demonstration in support of A. Navalnyy / Moscow/ Article 20.2. § 5 of CAO / fine of RUB 10,000 / 06/04/2021 Moscow City Court; and   25/02/2021 /solo demonstration in support of A. Navalnyy / Article 20.2. § 8 of CAO / fine of RUB 150,000 / 09/07/2021 Moscow City Court;   Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 9:00 p.m. on 23/01/2021 and 2:30 a.m. on 24/01/2021; between 12:25 p.m. on 31/01/2021 and 11:00 a.m. on 01/01/2021; and between 10:30 p.m. on 25/02/2021 and 5:15 p.m. on 26/02/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in all three sets of administrative proceedings (in connection with events on 23/01/2021 and 31/01/2021 and 25/02/2021),   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based, in all three sets of administrative proceedings (in connection with events on 23/01/2021 and 31/01/2021 and 25/02/2021)     42393/21 06/08/2021 Sergey Vladimirovich TOLMACHEV 1979   Andrey Gennadyevich Lepekhin Chelyabinsk Rally "Free Navalnyy"   Chelyabinsk 23/01/2021 article 20.2 § 8 of CAO detention for 11 days Chelyabinsk Regional Court 08/02/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 27/02/2021 for compiling an offence record,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based     58082/21 11/11/2021 Sergey Mikhaylovich FILENKO 1970   Ernest Aleksandrovich Mezak Saint-Barthélemy-d’Anjou Rally "Free Navalnyy"   Petrozavodsk 23/01/2021   Rally "Free Navalnyy"   Petrozavodsk 21/04/2021 article 20.2 § 5 of CAO         article 20.2 § 5 of CAO fine of RUB 5,000         fine of RUB 5,000 Supreme Court of the Republic of Karelia 11/05/2021     Supreme Court of the Republic of Karelia 09/09/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of the administrative-offence proceedings,   Art. 10 (1) - various restrictions on the right to freedom of expression - 24/02/2022, 03/03/2022, and 15/03/2022 / anti-war posts in the "Vkontakte" social network / Article 20.3.3 § 1 of the CAO / 20/04/2022 Petrozavodsk City Court / fine of RUB 30,000 (upheld by the Supreme Court of the Republic of Karelia on 31/08/2022).     9493/22* 01/02/2022 Kristina Borisovna ISAYEVA 1989   Kseniya Dmitriyevna Prosvirkina Moscow Rally "Free Navalnyy"   Belgorod 21/04/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Belgorod Regional Court 02/08/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings     14155/22 18/02/2022 Mariya Yuryevna ANTYUSHEVA 1984   Vladimir Valeryevich Vasin Krasnoyarsk Rally "Free Navalnyy"   Krasnoyarsk 31/01/2021 article 20.2 § 5 of CAO fine of RUB 5,000 Krasnoyarsk Regional Court 19/08/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record on 31/01/2021     14828/22 27/02/2022 Aleksey Aleksandrovich BAVYKIN 1976   Daniil Alekseyevich Polyakov Voronezh Rally "Free Navalnyy"   Voronezh 21/04/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Voronezh Regional Court 31/08/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 7:30 p.m. on 21/04/2021 and 1:10 a.m. on 22/04/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings, Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.     14843/22* 27/02/2022 Nikita Nikolayevich KABAKOV 1999   Daniil Alekseyevich Polyakov Voronezh Rally "Free Navalnyy"   Voronezh 31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Voronezh Regional Court 30/08/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record between on 31/01/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings     17399/22 20/03/2022 Kseniya Sergeyevna MAYOROVA 2001   Mariya Sergeyevna Zyryanova St Petersburg Rally "Free Navalnyy"   St Petersburg 31/01/2021 article 20.2 § 2 of CAO fine of RUB 20,000 St Petersburg City Court 21/09/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 5:00 p.m. on 31/01/2021 and 01/02/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based   17807/22* 12/03/2022 Daniel Vladimirovich CHERKASHIN 1998   Daniil Alekseyevich Polyakov Voronezh Rally "Free Navalnyy"   Voronezh 23/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Voronezh Regional Court 21/09/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record on 23/01/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   24310/22* 12/04/2022 Miroslav Arkadyevich YAKOVLEV 1961   Aleksey Valeryevich Vlasov Tula Rally "Free Navalnyy"   Tula 23/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Tula Regional Court 07/09/2021 (The applicant received a copy of the final judgment of 07/09/2021 on 12/10/2021) Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 3 p.m. and 7 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 administrative-offence proceedings,   Art. 6 (1) - lack of fair hearing - failure of the first-instance court to draft the minutes of the hearing impaired the applicant’s rights to have evidence which was presented in court to be duly evaluated by the appeal court,   Art. 6 (1) - lack of fair hearing - refusal to allow evidence in support of the applicant’s account of events (material from similar administrative cases concerning the same public event), Art. 6 (1) - lack of fair hearing - administrative arrest record on which the applicant’s conviction was based was evidently deficient but the courts dismissed this argument of the applicant in a summary manner   25175/22 22/04/2022 Aleksey Pavlovich MERKULOV 1990   Fedor Yevgenyevich Sirosh Moscow Rally "Free Navalnyy"   Moscow 21/04/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 11/11/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based   37796/22* 22/07/2022 Olga Andreyevna KOROBITSINA 2003   Anastasiya Vladimirovna Pilipenko St Petersburg Anti-war protest   St Petersburg 06/03/2022 article 20.2.2 § 1 of CAO fine of RUB 10,000 St Petersburg City Court 26/04/2022 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 - escorting to and detention at the police station for compiling an offence record between 3:10 p.m. on 06/03/2022 and the morning of 07/03/2022,   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 trial the police officers on whose written statements the applicant’s conviction was based   38208/22 18/07/2022 Aleksandr Sergeyevich ABRAMOV 1996   Dmitriy Sergeyevich Levichev Krasnoyarsk Anti-war protest   Krasnoyarsk 06/03/2022 article 20.2 § 5 of CAO fine of RUB 10,000 Krasnoyarsk Regional Court 27/04/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 3:30 p.m. and 7:30 p.m. 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,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based,   Art. 6 (1) - lack of fair hearing - unjustified refusal of the court to grant the applicant’s request to summon witnesses on the applicant’s behalf   39195/22 03/08/2022 Vladimir Mikhaylovich TOBOROVETS 1970       Anti-war protest   Voronezh 24/02/2022 article 20.2 § 8 of CAO 80 hours of community work Voronezh Regional Court 06/04/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 8:10 p.m. on 24/02/2022 and 10:00 a.m. on 26/02/2022,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   41207/22 05/08/2022 Nadezhda Nikolayevna STEPANCHENKO 2002   Roman Olegovich Zaytsev Volgograd Anti-war protest   Volgograd 06/03/2022 article 20.2 § 5 of CAO fine of RUB 20,000 Volgograd Regional Court 05/05/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 2:50 p.m. and the evening of 06/03/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,     Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based   41334/22 12/08/2022 Svetlana Petrovna SEMENYUK 1970       Anti-war protest   Krasnoyarsk 06/03/2022 article 20.2 § 5 of CAO fine of RUB 10,000 Krasnoyarsk Regional Court 11/05/2022 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record 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,   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   41342/22 12/08/2022 Mikhail Dmitriyevich MILITSIN 1999   Roman Olegovich Zaytsev Volgograd Anti-war protest   Volgograd 06/03/2022 article 20.2 § 5 of CAO fine of RUB 10,000 Volgograd Regional Court 13/04/2022 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 - escorting to and detention at the police station for compiling an offence record between 2:50 p.m. and the evening of 06/03/2022,   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 trial the police officers on whose written statements the applicant’s conviction was based.   43109/22* 16/08/2022 Marek PASIERB 1984       Anti-war protest   St Petersburg 25/02/2022 article 20.2.2 § 1 of CAO fine of RUB 10,000 St Petersburg City Court 19/04/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 8:45 p.m. on 25/02/2022 and the afternoon of 26/02/2022,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.   43113/22* 18/08/2022 Anton Igorevich IGOLKIN 1984       Anti-war protest   St Petersburg 06/03/2022 article 20.2.2 § 1 of CAO fine of RUB 10,000 St Petersburg City Court 26/04/2022 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   30089/23* 12/03/2022 Artem Aleksandrovich SHCHELOKOV 1988   Daniil Alekseyevich Polyakov Voronezh Rally "Free Navalnyy"   Voronezh 21/04/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Voronezh Regional Court 16/09/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 7:30 p.m. on 21/04/2021 and 1:10 a.m. on 22/04/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based