CEDH · CASELAW;COMMUNICATEDCASES;ENG — 2 novembre 2023

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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     32918/21 01/06/2021 Alina Aleksandrovna KARLOVA 2002 Vladimir Valeryevich Vasin Krasnoyarsk Rally to support the Khabarovsk region   Krasnoyarsk   15/08/2020 article 20.2 § 5 of CAO fine of RUB   10,000 Krasnoyarsk Regional Court 10/12/2020 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.     41210/21 04/08/2021 Lev Vyacheslavovich KRYLENKOV 1977 Mikhail Germanovich Shiolashvili St Petersburg Rally “Free Navalnyy”   St   Petersburg   31/01/2021 article 20.2.2 § 1 of CAO detention for 12   days St   Petersburg City Court 05/02/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 4.25 p.m. on 31/01/2021 until 12 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,   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.     41595/21* 04/08/2021 Anton Aleksandrovich MAKHANKO 1986 Aleksandr Dmitriyevich Peredruk St Petersburg Rally “Free Navalnyy”   St Petersburg   23/01/2021 article 20.2.2 § 1 of CAO detention for 7   days St Petersburg City Court 16/02/2021 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 2   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,     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.     41600/21* 04/08/2021 Yaroslav Sergeyevich PUTROV 1998 Aleksandr Dmitriyevich Peredruk St Petersburg Rally "Free Navalnyy"   St Petersburg   31/01/2021 article 20.2.2 § 1 of CAO detention for 10   days St Petersburg City Court 10/02/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 1.45 p.m. on 31/01/2021 until 5.45 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.     41682/21 04/08/2021 Yevgeniy Sergeyevich SAMUYLOV 1999 Aleksandr Dmitriyevich Peredruk St Petersburg Rally "Free Navalnyy"   St Petersburg   31/01/2021 article 20.2.2 § 1 of CAO detention for 6   days St Petersburg City Court 09/02/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 2 p.m. on 31/01/2021 until 11   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,   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.     51807/21* 23/09/2021 Patrik Yevgenyevich DUKSIN 2001   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   St Petersburg   31/01/2021 article 20.2.2 § 1 of CAO fine of RUB   10,000 St Petersburg City Court 25/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1.28 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.     51891/21* 23/09/2021 Sofya Alekseyevna OSTROVSKAYA 1996   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   St Petersburg   31/01/2021 article 20.2.2 § 1 of CAO fine of RUB   10,000 St Petersburg City Court 25/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4 p.m. on 31/01/2021 until 1   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.     52716/21 15/10/2021 Denis Yevgenyevich KAPLENKO 1968   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   St Petersburg   31/01/2021 article 20.2.2 § 1 of CAO fine of RUB   15,000 St Petersburg City Court 27/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.40 p.m. on 31/01/2021 until 1.40 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.     52747/21* 15/10/2021 Igor Andreyevich BORODKO 1981   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   St Petersburg   21/04/2021 article 20.2.2 § 1 of CAO detention for 15   days St Petersburg City Court 23/04/2021 Art. 3 - inadequate conditions of detention during transport - poor conditions of transfer in a police bus on 21/04/2021 for 3 hours and 45   minutes: cramped conditions (with 50 other demonstrators in a bus with significantly less than 50 places), no ventilation,   Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 8 p.m. on 21/04/2021 until 11.05 p.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,   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.   54282/21* 21/10/2021 Artem Aleksandrovich VAYTITSKIY 1995   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   St Petersburg   21/04/2021 article 20.2.2 § 1 of CAO detention for 12   days St Petersburg City Court 27/04/2021 Art. 3 - inadequate conditions of detention during transport - poor conditions of transfer in a police van on 21/04/2021 for 2 hours 20 minutes: cramped conditions (more detainees than seats so that the applicant and others had to stand, lack of ventilation while too hot, a detainee vomited),   Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 8.35 p.m. on 21/04/2021 until 5.30 p.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,   Art. 6 (1) - unfair trial in administrative offence proceedings - no possibility to adduce evidence or question a defence witness,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   54529/21* 18/10/2021 Yuliya Mikhaylovna DEMENTIYENKO 1972   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   St Petersburg   21/04/2021 article 20.2.2 § 1 of CAO detention for 12   days St Petersburg City Court 28/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 7.50 p.m. on 21/04/2021 until 4.30 p.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,   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.   54553/21* 15/10/2021 Aleksandr Igorevich KARPINSKIY 1986   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   St Petersburg   21/04/2021 article 20.2.2 § 1 of CAO detention for 7   days St Petersburg City Court 27/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 7.30 p.m. on 21/04/2021 until 4 p.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,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   54565/21 17/10/2021 Ulyana Sergeyevna NESHKO 1998   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   St Petersburg   02/02/2021 article 20.2.2 § 1 of CAO fine of RUB   10,000 St Petersburg City Court 03/06/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 11.55 p.m. on 02/02/2021 until 5.30 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.   55132/21* 17/10/2021 Anastasiya Olegovna MARYINA 1994   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Tambov   21/04/2021 article 20.2 § 6.1 of CAO,   article 20.6.1 § 1 of CAO detention for 3 days; fine of RUB   3,000 Tambov Regional Court 31/05/2021 and 21/07/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 11.20 a.m. until 2.30 p.m. on 18/05/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of administrative-offence proceedings,   Art. 8 (2) - restrictions on the right to private life of participants in public assemblies - use of facial recognition technology for the identification of the applicant as a participant of a rally and her subsequent conviction (raised on appeal),     Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - overlap of the facts constituting the basis for the applicant’s prosecution in the second set of proceedings (Art. 20.6.1 § 1 of CAO, participation in the unauthorised rally creating obstacles to pedestrians) with substantially the same facts underlying his conviction in the first set of proceedings (Art. 20.2 § 6.1 of CAO, participation in the unauthorised rally without social distancing).