CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 2 novembre 2023
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- ECLI:CEDH:001-229265
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- 2 novembre 2023
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- 2 novembre 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 } .s5FFF0A7E { margin-top:0pt; margin-bottom:0pt; font-size:8pt } Published on 27 November 2023   SECOND SECTION Application no.   38691/21 Vladislav Georgiyevich MARGOVICH against Russia and 22 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 offence (code of administrative offences, CAO) Penalty Final domestic decision Court Name Date Other complaints under well-established case-law     38691/21* 15/07/2021 Vladislav Georgiyevich MARGOVICH 1997     Memorial Human Rights Centre Moscow Rally in support of A.Navalnyy   St Petersburg   31/01/2021 article 20.2.2. § 1 of CAO administrative detention of 4 days St Petersburg City Court 25/02/2021 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 3.20 p.m. on 31/01/2021 to 5.00 p.m. on 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: St Petersburg City Court, 25/02/2021,   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.     50394/21* 30/09/2021 Irina Aleksandrovna MAMSUROVA 2001   Mariya Sergeyevna Zyryanova St Petersburg Rally in support of A.Navalnyy   St Petersburg   31/01/2021 article 20.2.2 § 1 of CAO fine of RUB 15,000 St Petersburg City Court 01/04/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 5.40 p.m. on 31/01/2021 to 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 - final decision: St Petersburg City Court, 01/04/2021,   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.     50397/21* 30/09/2021 Entoni Aleks MZILANGVE 1995   Mariya Sergeyevna Zyryanova St Petersburg Rally in support of A.Navalnyy   St Petersburg   31/01/2021 article 20.2.2 § 1 of CAO fine of RUB 18,000 St Petersburg City Court 01/04/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 5.00 p.m. on 31/01/2021 to 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 - final decision: St Petersburg City Court, 01/04/2021,     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.       50399/21* 30/09/2021 Roman Vladimirovich PISAREVSKIY 1999   Mariya Sergeyevna Zyryanova St Petersburg Rally in support of A.Navalnyy   St Petersburg   31/01/2021 article 20.2.2 § 1 of CAO fine of RUB 15,000 St Petersburg City Court 01/04/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 5.40 p.m. on 31/01/2021 to 01/02/2021, hearing in the applicant’s administrative-offence cases,     Art. 6 (1) - lack of impartiality of tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: St Petersburg City Court, 01/04/2021,   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.     54533/21* 18/10/2021 Yevgeniy Aleksandrovich DENISOV 1989     Memorial Human Rights Centre Moscow Rally in support of A.Navalnyy   St Petersburg   21/04/2021 article 20.2.2. § 1 of CAO administrative detention of 10 days St Petersburg 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; detention in excess of 3 hours and without “exceptional circumstances”, from 8.30 p.m. on 21/04/20221 to 4.00 p.m. on 22/04/2021, hearing in the applicant’s administrative-offence case; the applicant spent 2h30 in a police van,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: St Petersburg City Court, 21/04/2021,   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.     55882/21* 05/11/2021 Yekaterina Sergeyevna SHVETSOVA 1992   Ivan Yuryevich Zhdanov Vilnius Rally in support of A.Navalnyy   Kirov   23/01/2021 article 20.2 § 5 of CAO fine RUB 5,000 Kirov Regional Court 18/05/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Kirov Regional Court, 18/05/2021,   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 open court police officer on whose written statements the applicant’s conviction was based.       55905/21 29/10/2021 Anton Vladimirovich SAVCHENKO      Memorial Human Rights Centre Moscow Rally in support of A.Navalnyy   Voronezh   31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Voronezh 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 2.10 p.m. to 10.40 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 - Voronezh 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 the police officers on whose written statements the applicant’s conviction was based.     59080/21* 27/11/2021 Andrey Genrikhovich BESEDIN 2002   Ivan Yuryevich Zhdanov Vilnius Rally in support of A.Navalnyy   St Petersburg   23/01/2021 St   Petersburg Government Decree of 13/03/2020 related to anti-COVID-19 measures fine of RUB 4,000 Oktyabrskiy District Court of St Petersburg 29/06/2021 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 1.20 p.m. on 23/01/2021 to 1.00 a.m. on 24/01/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Oktyabrskiy District Court of St   Petersburg, 29/06/2021,   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.     24057/22* 09/02/2022 Denis Mikhaylovich OLSHIN 1989     Memorial Human Rights Centre Moscow Rally in support of A.Navalnyy   St Petersburg   21/04/2021 article 20.2.2 § 1 of CAO fine of RUB 15,000 St Petersburg City Court 17/08/2021 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 8.30 p.m. on 21/04/2021 to 6.00 p.m. on 22/04/2021, hearing in the applicant’s administrative-offence case; the applicant spent 2 hours in a police van,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: St Petersburg City Court, 17/08/2021,   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.   35539/22* 05/07/2022 Anton Andreyevich CHEREPOV 1991   Natalya Andreyevna Baranova Moscow Anti-war protest   St Petersburg   06/03/2022 article 20.2.2 § 1 of CAO administrative detention of 15 days St Petersburg City Court 10/03/2022 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 3.30 p.m. on 06/03/2022 to 3.00 p.m. on 07/03/2022, 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: St Petersburg City Court, 10/03/2022,   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,   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   35662/22* 05/07/2022 Olga Aleksandrovna KOSHKAROVA 1988   Olesya Anatolyevna Vasilchenko Minyar Anti-war protest   St Petersburg   06/03/2022 article 20.2.2 § 1 of CAO administrative detention of 7 days St Petersburg City Court 11/03/2022 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 4.55 p.m. on 06/03/2022 to 2.30 p.m. on 07/03/2022, hearing in the applicant’s administrative-offence case; the applicant spent more than 3 hours in the police van,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: St Petersburg City Court, 11/03/2022,   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,   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.   35808/22* 05/07/2022 Leonid Yevgenyevich VINOGRADOV 1968   Natalya Andreyevna Baranova Moscow Rally in support of A.Navalnyy   St Petersburg   21/04/2021 article 20.2.2 § 1 of CAO fine of RUB 20,000 St Petersburg City Court 22/04/2022 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 10.15 p.m. on 21/04/2021 to 4.00 p.m. on 22/04/2021, hearing in the applicant’s administrative-offence case.     36823/22 11/07/2022 Anna Vyacheslavovna GUK 1997   Leonid Leonidovich Krikun St Petersburg Anti-war protest   St Petersburg   06/03/2021 article 20.2.2 § 1 of CAO administrative detention of 5 days St Petersburg City Court 11/03/2022 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 6.22 p.m. on 06/03/2022 to 3.10 p.m. on 07/03/2022, 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: St Petersburg City Court, 11/03/2022,   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,   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.   36827/22 11/07/2022 Mark Vyacheslavovich KHUAKO 1995   Leonid Leonidovich Krikun St Petersburg Anti-war protest   St Petersburg   06/03/2022 article 20.2.2 § 1 of CAO administrative detention of 10 days St Petersburg City Court 11/03/2022 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 6.22 p.m. on 06/03/2022 to 2.15 p.m. on 07/03/2022, 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: St Petersburg City Court, 11/03/2022,   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,   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.   36837/22 11/07/2022 Matvey Mikhaylovich ANTIPOV 1995   Leonid Leonidovich Krikun St Petersburg Anti-war protest   St Petersburg   06/03/2022 article 20.2.2 § 1 of CAO administrative detention of 7 days St Petersburg City Court 11/03/2022 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 6.25 p.m. on 06/03/2022 to 3.00 p.m. on 07/03/2022, 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: St Petersburg City Court, 11/03/2022,   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,   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.   38569/22* 25/07/2022 Dmitriy Nikolayevich MASHKIN 1988   Olesya Anatolyevna Vasilchenko Minyar Anti-war protest   St Petersburg   24/02/2022 article 20.2.2. § 1 of CAO fine of RUB 10,000 St Petersburg City Court 29/03/2022 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 7.30 p.m. on 24/02/2022 to 1.10 p.m. on 26/02/2022, 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: St Petersburg City Court, 29/03/2022,   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.   39864/22 29/07/2022 Vasilisa Dmitriyevna SATIRSKAYA 1983   Leonid Leonidovich Krikun St Petersburg Anti-war protest   St Petersburg   24/02/2022 article 20.2.2 § 1 of CAO fine of RUB 20,000 St Petersburg City Court 29/03/2022 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 24/02/2022 to 5.45 p.m. on 26/02/2022, 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: St Petersburg City Court, 29/03/2022,   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.   39990/22* 04/08/2022 Petr Mikhaylovich POPOV 1995   Olesya Anatolyevna Vasilchenko Minyar Anti-war protest   St Petersburg   24/02/2022 article 20.2 § 5 of CAO fine of RUB 20,000 St Petersburg City Court 05/04/2022 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 8.03 p.m. on 24/02/2022 to 9.00 p.m. on 25/02/2022, 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: St Petersburg City Court, 05/04/2022,   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.   39993/22* 04/08/2022 Sergey Nikolayevich KABEYEV 1989   Olesya Anatolyevna Vasilchenko Minyar Anti-war protest   St Petersburg   27/02/2022 article 20.2.2. § 1 of CAO fine of RUB 10,000 St Petersburg City Court 07/04/2022 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 8.00 p.m. on 27/02/2022 to 4.00 p.m. on 28/02/2022; the applicant spent more than 3 hours in a police van,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: St Petersburg City Court, 07/04/2022,   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.   40063/22* 03/08/2022 Kira Iosifovna KOVALENKO 1979   Olesya Anatolyevna Vasilchenko Minyar Anti-war protest   St Petersburg   06/03/2022 article 20.2.2 § 1 of CAO fine of RUB 10,000 St Petersburg City Court 07/04/2022 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 2.15 p.m. on 06/03/2022 to 11.00 a.m. on 07/03/2022, hearing in the applicant’s administrative-offence case; the applicant spent 2h30 in a police van,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: St Petersburg City Court, 07/04/2022,   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.   41050/22* 29/07/2022 Natalya Igorevna BALAYEVA 1984   Natalya Andreyevna Baranova Moscow Anti-war protest   St Petersburg   27/02/2022 article 20.2 § 5 of CAO fine of RUB 12,000 St Petersburg City Court 05/04/2022 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 8.10 p.m. on 27/02/2022 to 4.25 a.m. on 28/02/2022,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: St Petersburg City Court, 05/04/2022,   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.   41061/22* 14/08/2022 Vladislav Viktorovich ISAKOV 1995   Natalya Andreyevna Baranova Moscow Anti-war protest   St Petersburg   25/02/2022 article 20.2.2 § 1 of CAO fine of RUB 10,000 St Petersburg City Court 28/04/2022 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 9.30 p.m. on 25/02/2022 to 3.00 a.m. on 26/02/2022, hearing in the applicant’s administrative-offence case; the applicant spent more than 3   hours in a police van,     Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: St Petersburg City Court, 28/04/2022,   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.   41339/22* 15/08/2022 Dmitriy Sergeyevich SARYCHEV 1989   Natalya Andreyevna Baranova Moscow Anti-war protest   St Petersburg   27/02/2022 article 20.2.2 § 1 of CAO fine of RUB 10,000 St Petersburg City Court 19/04/2022 Art. 5 (1) - unlawful 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 6.00 p.m. on 27/02/2022 to 1.30 p.m. on 28/02/2022, hearing in the applicant’s administrative-offence case; the applicant spend 5 hours in a police van,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: St Petersburg City Court, 19/04/2022,   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  Citations
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Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;COMMUNICATEDCASES;ENG
- Date
- 2 novembre 2023
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:001-229265
Données disponibles
- Texte intégral
- Résumé officiel