CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 2 novembre 2023
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- 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 } Published on 27 November 2023   FIFTH SECTION Application no.   25903/21 Ilya Dmitriyevich VINOGRADOV against Russia and 39 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 offence Penalty Final domestic decision Court Name Date Other complaints under well-established case-law     25903/21* 07/05/2021 Ilya Dmitriyevich VINOGRADOV 1987 Nikolay Sergeyevich Zboroshenko Mytishchi Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 § 6.1 of CAO detention for 15 days Moscow City Court 05/02/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report;   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.     27837/21* 07/05/2021 Ilya Sergeyevich MARAKUSHEV 1977 Nikolay Sergeyevich Zboroshenko Mytishchi Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 § 6.1 of CAO detention for 15 days Moscow City Court 05/02/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report;   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.     28150/21 17/05/2021 Andrey Sergeyevich SHUMAKOV 1998 Anna Yevgenyevna Bochilo Barnaul Rally “Free Navalnyy”   Barnaul   23/01/2021 article 20.2 § 6.1 of CAO fine of RUB   15,000 Altay Regional Court 10/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 3 p.m. on 23/01/2021 until 4.10 p.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.     28561/21* 02/06/2021 Nikita Aleksandrovich ROMANOV 1988   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 § 6.1 of CAO fine of RUB   10,000 Moscow City Court 04/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 2.45 p.m. on 31/01/2021 until 3.30 p.m. on 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,   Art. 6 (1) - unfair trial in administrative offence proceedings - no possibility to question a defence witness.     31821/21* 16/06/2021 Vsevolod Grigoryevich SOROKIN 1991 Tatyana Sergeyevna Glushkova Moscow Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB   15,000 Moscow City Court 12/04/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 4.30 p.m. until 9.20 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,   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) - unfair trial in administrative offence proceedings - no possibility to question a defence witness.     31853/21* 16/06/2021 Ioann Olegovich RYURIKOV 1997 Aleksandra Nikolayevna Bayeva Moscow Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 § 6.1 of CAO detention for 8   days Moscow City Court 08/02/2021 Art. 3 - inadequate conditions of detention during transport - poor conditions of transfer in a police van on 31/01/2021 for 2 hours and 50 minutes: 10 detainees in a police van equipped to accommodate 8 persons; 0.2-0.3 square metres of floor space per person; no water; lack of ventilation,   Art. 5 (1) - unlawful detention – escorting to and detention at the police station after compiling an offence report from 31/01/2021 until 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,   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.     35186/21* 18/06/2021 Mikhail Yuryevich MIKHAYLOV 1983   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 § 6.1 of CAO fine of RUB   10,000 Moscow City Court 26/04/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 3 p.m. on 31/01/2021 until 12.30 a.m. on 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.     35190/21* 18/06/2021 Nataliya Aleksandrovna KLYUKA 1963   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB   15,000 Moscow City Court 20/04/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 3 p.m. until 10.43 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,   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.     35483/21 27/06/2021 Miroslav Vladimirovich ZINEVICH 1983 Anna Yevgenyevna Bochilo Barnaul Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 § 6.1 of CAO detention for 6   days Moscow City Court 22/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 11.50 a.m. on 31/01/2021 until 1 p.m. on 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,   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.   40857/21* 02/08/2021 Aleksandr Sergeyevich LIKHO 1987 Mariya Olegovna Eysmont Moscow Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 § 6.1 of CAO detention for 10 days Moscow City Court 05/02/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 4 p.m. on 31/01/2021 until 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.   41071/21* 30/07/2021 Ivan Gennadyevich TSVETKOV 1994   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 § 6.1 of CAO detention for 8   days Moscow City Court 04/02/2021 Art. 5 (1) - unlawful detention - escorting to the police station and detention after compiling an offence report from 2.30 p.m. on 31/01/2021 until 10 p.m. on 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,   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.   41078/21 30/07/2021 Lev Aleksandrovich KARMANOV 2000   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   17/01/2021 article 20.2 § 6.1 of CAO detention for 10 days Moscow City Court 30/01/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 8 p.m. on 17/01/2021 until 12.40 a.m. on 18/01/2021,   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.   41086/21* 30/07/2021 Aleksey Viktorovich BARINOV 1978   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 § 6.1 of CAO detention for 13 days Moscow City Court 05/02/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 2.20 p.m. on 31/01/2021 until 5.30 p.m. on 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,   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.   41175/21 26/07/2021 Boris Alekseyevich SINENKO 1994 Anna Yevgenyevna Bochilo Barnaul Rally “Free Navalnyy”   Moscow   23/01/2021 article 20.2 § 6.1 of CAO detention for 10 days Moscow City Court 26/02/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 7 p.m. until 11.30 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,   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.   41204/21* 02/08/2021 Serik Alty-Ayyevich ABILOV 1989 Mariya Olegovna Eysmont Moscow Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 § 6.1 of CAO detention for 10 days Moscow City Court 05/02/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 4 p.m. on 31/01/2021 until 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.   41260/21* 03/08/2021 Yuliya Alekseyevna SHILKINA 1996 Mariya Olegovna Eysmont Moscow Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 § 6.1 of CAO detention for 10 days Moscow City Court 05/02/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 4 p.m. on 31/01/2021 until 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.   41324/21* 31/07/2021 Dmitriy Sergeyevich KOZLOV 1987   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   23/01/2021 article 20.2 § 5 of CAO fine of RUB   15,000 Moscow City Court 11/05/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 2.15 p.m. on 23/01/2021 until 12 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,   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.   41450/21 02/08/2021 Aleksandr Valeryevich PARCHIN 1991 Anna Yevgenyevna Bochilo Barnaul Rally “Free Navalnyy”   Kazan   31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Supreme Court of the Tatarstan Republic 21/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 1.40 p.m. on 31/01/2021 until 4.40 p.m. on 01/02/2021,   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.   41467/21* 31/07/2021 Nikita Valeryevich KHAMNAYEV 1990 Mariya Olegovna Eysmont Moscow Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 § 6.1 of CAO detention for 10 days Moscow City Court 04/02/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 4 p.m. on 31/01/2021 until 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.   41528/21* 29/07/2021 Yelena Vyacheslavovna GOLOTYAK 1983   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 13/05/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2 p.m. until 8 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,   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.   41562/21 03/08/2021 Pavel Aleksandrovich BORODKIN 2001 Mariya Sergeyevna Zyryanova St Petersburg Rally “Free Navalnyy”   St Petersburg   23/01/2021 article 20.2 § 6.1 of CAO detention for 13 days St Petersburg City Court 03/02/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 7 p.m. on 23/01/2021 until the trial hearing 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,   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.   41677/21* 04/08/2021 Yegor Igorevich IVANOV 1999 Aleksandr Dmitriyevich Peredruk St Petersburg Rally "Free Navalnyy"   St Petersburg   23/01/2021 article 20.2 § 6.1 of CAO fine of RUB   10,000 St Petersburg City Court 11/02/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 7.20 p.m. on 23/01/2021 until 3 p.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, 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.   41694/21 29/07/2021 Vitaliy Vitalyevich POZDNYAKOV 1986 Nikolay Sergeyevich Zboroshenko Mytishchi Rally “Free Navalnyy”   Moscow   23/01/2021 article 20.2 § 5 of CAO fine of RUB   15,000 Moscow City Court 12/03/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 for compiling an offence report,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   41699/21* 29/07/2021 Dmitriy Sergeyevich TKACHEV 1978 Nikolay Sergeyevich Zboroshenko Mytishchi Rally “Free Navalnyy”   Moscow   23/01/2021 article 20.2 § 8 of CAO 100 hours of community work Moscow City Court 11/05/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 for compiling an offence report,   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.   51100/21* 12/10/2021 Yuriy Nikolayevich KOROID 1981   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   23/01/2021 article 20.2 § 5 of CAO fine of RUB   20,000 Moscow City Court 12/04/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 5 p.m. on 23/01/2021 until 5 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,   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.   52260/21* 01/10/2021 Aleksey Yevgenyevich TYAPAYKIN 1995   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   23/01/2021 article 20.2 § 5 of CAO fine of RUB   20,000 Moscow City Court 02/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.05 p.m. on 23/01/2021 until 12.05 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,   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.   52721/21 15/10/2021 Olga Anatolyevna SYSOYEVA 1973   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   02/02/2021 article 20.2 § 6.1 of CAO detention for 8   days Moscow City Court 22/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 11 a.m. on 02/02/2021 until 5.50 p.m. on 03/02/2021,   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,   Art. 6 (1) - unfair trial in administrative offence proceedings - no possibility to adduce evidence, video and photo materials,   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.   53269/21 12/10/2021 Sergey Eduardovich LIVAKOVSKIY 1991   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Pskov   23/01/2021 article 20.2 § 5 of CAO fine of RUB   11,000 Pskov Regional Court 12/04/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 2.51 p.m. until 6 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.   53276/21* 12/10/2021 Mariya Sergeyevna SANZHAK 1997   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   23/01/2021 article 20.2 § 5 of CAO fine of RUB   20,000 Moscow City Court 12/04/2021 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.   53530/21* 19/10/2021 Tatyana Yuryevna DOLGANOVA 1990   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Krasnoyarsk   31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Krasnoyarsk Regional Court 20/05/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1.00 p.m. until 5.30 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,   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.   53762/21 22/10/2021 Anastasiya Yuryevna SALINA 1981   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 14/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.30 p.m. on 31/01/2021 until 12.30 a.m. on 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.   53777/21* 22/10/2021 Kseniya Gennadyevna MASANOVA 1989   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Krasnoyarsk   31/01/2021 article 20.2 § 5 of CAO fine of RUB   15,000 Krasnoyarsk Regional Court 29/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.15 p.m. until 4 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,   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.   54539/21* 16/10/2021 Vera Aleksandrovna OZEROVA 2002 Ivan Ivanovich Kulikov Vladivostok Rally “Free Navalnyy”   Vladivostok   31/01/2021 article 20.2 § 5 of CAO fine of RUB   15,000 Primorye Regional Court 18/05/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 3.30 p.m. on 31/01/2021 until 2 a.m. on 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,   Art. 6 (1) - unfair trial in administrative offence proceedings - no possibility to question defence witnesses.   54540/21* 16/10/2021 Alisa Konstantinovna DENNITSA 2001 Ivan Ivanovich Kulikov Vladivostok Rally “Free Navalnyy”   Vladivostok   31/01/2021 article 20.2 § 5 of CAO fine of RUB   15,000 Primorye Regional Court 13/05/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 4.30 p.m. on 31/01/2021 until 4 a.m. on 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,   Art. 6 (1) - unfair trial in administrative offence proceedings - no possibility to question a defence witness.   54653/21* 16/10/2021 Yelena Viktorovna KUROCHKINA 1978 Ivan Ivanovich Kulikov Vladivostok Rally “Free Navalnyy”   Vladivostok   31/01/2021 article 20.2 § 5 of CAO fine of RUB   15,000 Primorye Regional Court 20/04/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 12.15 p.m. until 6 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,   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) - unfair trial in administrative offence proceedings - no possibility to question a defence witness.   57115/21 29/10/2021 Kristina Olegovna PLENSKAYA 1997 Ilya Vladimirovich Zhernosek Krasnoyarsk Rally “Free Navalnyy”   Krasnoyarsk   23/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Krasnoyarsk Regional Court 17/06/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 (arbitrary deprivation of liberty, no escorting record compiled),   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 officer on whose written statements the applicant’s conviction was based.   57129/21 29/10/2021 Yevgeniy Maksimovich BRYUKHANOV 2001 Ilya Vladimirovich Zhernosek Krasnoyarsk Rally “Free Navalnyy”   Krasnoyarsk   31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Krasnoyarsk Regional Court 20/05/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 (arbitrary deprivation of liberty; no escorting 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.   57508/21 29/10/2021 Danila Andreyevich ZHAVORONKOV 2002 Ilya Vladimirovich Zhernosek Krasnoyarsk Rally “Free Navalnyy”   Krasnoyarsk   23/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Krasnoyarsk Regional Court 22/07/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 (arbitrary deprivation of liberty, no escorting 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 officer on whose written statements the applicant’s conviction was based.   58708/21* 16/11/2021 Maksim Sergeyevich BRYAZYAKOV 2003 Rushan Rafisovich Kabirov Kazan Rally “Free Navalnyy”   Kazan   21/04/2021 article 20.2 § 8 of CAO detention for 5   days Supreme Court of the Tatarstan Republic 26/05/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 9.50 p.m. on 21/04/2021 until 22/04/2021,   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.   58749/21 30/11/2021 Konstantin Sergeyevich BUKOVETSKIY 1998 Mariya Aleksandrovna Zadorozhnaya Nizhniy Novgorod Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 § 6.1 of CAO fine of RUB   15,000 Moscow City Court 01/06/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 12.30 p.m. on 31/01/2021 until 2 a.m. on 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.  Citations
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Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;COMMUNICATEDCASES;ENG
- Date
- 2 novembre 2023
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:001-229266
Données disponibles
- Texte intégral
- Résumé officiel