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 } .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 27 November 2023   SECOND SECTION Application no.   33633/21 Konstantin Viktorovich GUSEV against Russia and 21 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     33633/21* 25/05/2021 Konstantin Viktorovich GUSEV 1977   Aleksandr Vasilyevich Savin Stavropol Rally in support of Mr   A. Navalnyy   Pyatigorsk   31/01/2021 article 20.2.2 § 1 of CAO administrative detention of 10 days Stavropol Regional Court 11/02/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 12.45 p.m. on 31/01/2021 to 01/02/2021, hearing in the applicant’s administrative-offence case,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Stavropol Regional Court, 11/02/2021,   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,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal – the sentence of administrative detention imposed on the applicant by the trial court was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.     41987/21 01/08/2021 Dmitriy Andreyevich KONOSHONKIN 1996       Rally in support of Mr   A. Navalnyy   Moscow   02/02/2021 article 20.2 § 6.1 of CAO administrative detention of 8 days Moscow City Court 18/03/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3   hours and without “exceptional circumstances”, from 11.00 p.m. on 02/02/2021 to 12.30 p.m. on 03/02/2021.     49534/21 16/09/2021 Stanislav Vladimirovich SHANTALIN 1996   Nikolay Sergeyevich Zboroshenko Mytishchi Rally in support of Mr   A. Navalnyy   Moscow   23/01/2021 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 06/04/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, 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 - final decision: Moscow City Court, 06/04/2021,   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.       50403/21* 22/09/2021 Ivan Aleksandrovich NAKONECHNYY 1993   Nikolay Sergeyevich Zboroshenko Mytishchi Rally in support of Mr   A. Navalnyy   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 28/04/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, 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 - final decision: Moscow City Court, 28/04/2021,     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.     50418/21* 21/09/2021 Pavel Vladimirovich KRASNOV 1973   Nikolay Sergeyevich Zboroshenko Mytishchi Rally in support of Mr   A. Navalnyy   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 28/04/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, 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 - final decision: Moscow City Court, 28/04/2021,       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.     50852/21 08/10/2021 Aleksandr Alekseyevich BELKOV 1994   Ivan Yuryevich Zhdanov Vilnius Rally in support of Mr   A. Navalnyy   Moscow   02/02/2021 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 16/04/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence, detention in excess of 3 hours and without “exceptional circumstances”, from 10.20 a.m. to 9.00 p.m. on 02/02/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 16/04/2021,   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 two police officers on whose written statements his conviction was based.       52339/21* 22/09/2021 Nikolay Viktorovich BELYAYEV 1974   Nikolay Sergeyevich Zboroshenko Mytishchi Rally in support of Mr   A. Navalnyy   Moscow   02/02/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 21/05/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, on 02/02/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 21/05/2021,     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.     55323/21* 23/10/2021 Denis Olegovich POPOV 1994   Nikolay Sergeyevich Zboroshenko Mytishchi Rally in support of Mr   A. Navalnyy   Moscow   23/01/2021 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 03/06/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, 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 - final decision: Moscow City Court, 03/06/2021,   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.     55334/21* 23/10/2021 Andrey Vladimirovich KHABAROV 1998   Nikolay Sergeyevich Zboroshenko Mytishchi Rally in support of Mr   A. Navalnyy   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 23/06/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, 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 - final decision: Moscow City Court, 23/06/2021,   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.   55543/21* 23/10/2021 Svetlana Azamatovna BATCHAYEVA 1997   Nikolay Sergeyevich Zboroshenko Mytishchi Rally in support of Mr   A. Navalnyy   Moscow   23/01/2021 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 19/05/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, 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 - final decision: Moscow City Court, 19/05/2021,   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.   56301/21* 15/11/2021 Galina Grigoryevna KARPENKO 1953   Ivan Yuryevich Zhdanov Vilnius Rally in support of Mr   A. Navalnyy   Vladivostok   31/01/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Primorye Regional Court 25/05/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3   hours and without “exceptional circumstances”, from 12.40 p.m. to 7.00 p.m. on 31/01/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Primorye Regional Court, 25/05/2021,   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 two police officers on whose written statements his conviction was based.   56419/21* 23/10/2021 Mikhail Andreyevich BORZUNOV 1988   Nikolay Sergeyevich Zboroshenko Mytishchi Rally in support of Mr   A. Navalnyy   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 09/06/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, 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 - final decision: Moscow City Court, 09/06/2021,   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.   56421/21* 23/10/2021 Anton Vladimirovich KRUGLOV 1987   Nikolay Sergeyevich Zboroshenko Mytishchi Rally in support of Mr   A. Navalnyy   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 03/06/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, 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 - final decision: Moscow City Court, 03/06/2021,   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.   56422/21 23/10/2021 Aleksey Nikolayevich VORONOV 1988   Nikolay Sergeyevich Zboroshenko Mytishchi Rally in support of Mr   A. Navalnyy   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 19/05/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, 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 - final decision: Moscow City Court, 19/05/2021,   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.   57359/21* 29/10/2021 Alena Nikolayevna RYABOVA 1999   Nikolay Sergeyevich Zboroshenko Mytishchi Rally in support of Mr   A. Navalnyy   Moscow   02/02/2021 article 20.2 § 6.1 of CAO administrative detention of 5 days Moscow City Court 27/05/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 10.00 p.m. on 02/02/2021 to 03/02/2021, hearing in the applicant’s administrative-offence case,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 27/05/2021,   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.   57370/21* 29/10/2021 Yekaterina Viktorovna SOKOLOVA 1966   Nikolay Sergeyevich Zboroshenko Mytishchi Rally in support of Mr   A. Navalnyy   Moscow   02/02/2021 article 20.2 § 6.1 of CAO fine of RUB 20,000 Moscow City Court 25/05/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 10.00 p.m. on 02/02/2021 to 03/02/2021, hearing in the applicant’s administrative-offence case,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 25/05/2021,   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.   57569/21* 07/11/2021 Toirdzhon Kurbonaliyevich SATTOROV 1999   Nikolay Sergeyevich Zboroshenko Mytishchi Rally in support of Mr   Izzat Amono (human rights activist)   Moscow   02/04/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 13/07/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, on 02/04/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 13/07/2021,     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.   59060/21* 27/11/2021 Yevgeniy Andreyevich ZUBKOV 1994   Ivan Yuryevich Zhdanov Vilnius Rally in support of Mr   A. Navalnyy   Volgograd   21/04/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Volgograd Regional Court 02/06/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3   hours and without “exceptional circumstances”, from 9.00 p.m. on 21/04/2021 to 00.05 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 - final decision: Volgograd Regional Court, 02/06/2021,   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 two police officers on whose written statements his conviction was based.   59087/21* 19/11/2021 Andrey Dmitriyevich BOYKO 1994   Ivan Yuryevich Zhdanov Vilnius Rally in support of Mr   A. Navalnyy   Kurgan   21/04/2021 article 20.2 § 5 of CAO community works of 30 hours Kurgan Reginal Court 26/05/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, on 21/04/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Kurgan Reginal Court, 26/05/2021   59138/21* 27/11/2021 Yevgeniy Semenovich KIRILLOV 1990   Ivan Yuryevich Zhdanov Vilnius Rally in support of Mr   A. Navalnyy   Nizhnekamsk   23/01/2021 article 20.2 § 8 of CAO fine of RUB 10,000 Supreme Court of the Tatarstan Republic 02/06/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, on 23/01/2021   59227/21* 27/11/2021 Dmitriy Eduardovich KRIVOSHEIN 1988   Ivan Yuryevich Zhdanov Vilnius Rally in support of Mr   A. Navalnyy   Perm   31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Perm Regional Court 04/06/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Perm Regional Court, 04/06/2021,   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 two police officers on whose written statements his conviction was based.   61686/21* 08/12/2021 Konstantin Sergeyevich ULYANOV 1989   Ivan Yuryevich Zhdanov Vilnius Rally in support of Mr   A. Navalnyy   Moscow   23/01/2021 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 19/07/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 1.55 p.m. to 8.30 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 - final decision: Moscow City Court, 19/07/2021,   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 two police officers on whose written statements his conviction was based.