CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 2 novembre 2023
- ECLI
- ECLI:CEDH:001-229273
- Date
- 2 novembre 2023
- Publication
- 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 } Published on 27 November 2023   THIRD SECTION Application no.   32183/21 Mariya Dmitriyevna KOBLIKOVA against Russia and 15 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     32183/21* 11/06/2021 Mariya Dmitriyevna KOBLIKOVA 1993     Memorial Human Rights Centre Moscow Rally in support of A.   Navalnyy   St Petersburg   31/01/2021   Rally in support of A.   Navalnyy   St Petersburg   21/04/2021 article 20.2.2 § 1 of CAO             article 20.2.2. § 4 of CAO fine of RUB 10,000             administrative detention of 10 days St Petersburg City Court 09/03/2021           St Petersburg City Court 28/04/2021 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention (i) between 31/01/2021 and 01/02/2021   and (ii) between 21/04/2021 and 22/04/2021 as administrative suspect, pending trial, after the offence report had been compiled,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of 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 open court police officers on whose written statements the conviction was based (both sets of proceedings), as well as a defence witness (the first set of proceedings),   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 22/04/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO     37833/21 15/07/2021 Yuliya Leonidovna LYAPINA 1998   Sergey Sergeyevich Voronov St Petersburg Rally in support of A.   Navalnyy   St Petersburg   31/01/2021 article 20.2.2 § 1 of CAO administrative detention of 10 days St Petersburg City Court 09/02/2021 Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention between 4.40 p.m. 31/01/2021 and until the court hearing on 02/02/2021 as administrative suspect, after the record of an offence had been drawn up,   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 open court police officer 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 on 02/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO     37908/21 16/07/2021 Margarita Igorevna BRANT 1991     Memorial Human Rights Centre Moscow 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 11/03/2021 Art. 5 (1) - unlawful detention – arrest, escorting to a police station, detention on 31/01/2021 for the sole purpose of drawing up a record of administrative offence,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings       38673/21* 15/07/2021 Alena Viktorovna GRIGORYEVA 2000     Memorial Human Rights Centre Moscow 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 08/04/2021 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 31/01/2021and 01/02/2021 as administrative suspect, pending trial, after the offence record had been compiled,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings     39891/21* 27/07/2021 Mariya Valeryevna MAYOROVA 1998     Memorial Human Rights Centre Moscow Rally in support of A.   Navalnyy   St Petersburg   02/02/2021 article 20.2.2 § 1 of CAO administrative detention of 4 days St Petersburg City Court 09/03/2021 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 03/02/2021 for the sole purpose of drawing up an administrative offence record, pending the first-instance court hearing,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   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     40061/21* 27/07/2021 Ilya Maksimovich GUSEV 1995     Memorial Human Rights Centre Moscow Rally in support of A.   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 - arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial, after the offence record had been 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 open court police officers on whose written statements the applicant’s conviction was based, and to summon defence witnesses     40132/21 23/07/2021 Aleksiy Vladimirovich ESAULENKO 1995   Vitaliy Viktorovich Cherkasov St Petersburg Rally in support of A.Navalnyy   St Petersburg   23/01/2021 article 20.2.2 § 1 of CAO administrative fine of RUB 10,000 St Petersburg City Court 02/03/2021 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention (i) from 6.30 p.m. to 9.30 p.m. on 23/01/2021, for the sole purpose of drawing up an administrative offence record - detention discontinued as the applicant was transferred to a hospital on the same date; and (ii) immediately after his discharge from the hospital, from 1 p.m. to 5 p.m. on 25/01/2021, as administrative suspect,   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 open court police officers on whose written statements the applicant’s conviction was based and other witnesses     40138/21 23/07/2021 Anastasiya Vadimovna PEREVOZCHIKOVA 1995   Vitaliy Viktorovich Cherkasov St Petersburg Rally in support of A.   Navalnyy   St Petersburg   23/01/2021 article 20.2.2 § 1 of CAO administrative fine of RUB 10,000 St Petersburg City Court 02/03/2021 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention (i) from 6.30 p.m. to 9.30 p.m. on 23/01/2021, for the sole purpose of drawing up an administrative offence record - detention discontinued as the applicant was transferred to a hospital on the same date; and (ii) immediately after her discharge from the hospital, from 1 p.m. to 5 p.m. on 25/01/2021, as administrative suspect,   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 open court police officer on whose written statements the applicant’s conviction was based, and refusal to question defence witnesses     43279/21 09/08/2021 Alina Alekseyevna PUTILOVSKAYA 1997   Daniil Aleksandrovich Semenov St Petersburg Rally in support of A.   Navalnyy   St Petersburg   31/01/2021 article 20.2.2 § 1 of CAO administrative detention of 10 days St Petersburg City Court 10/02/2021 Art. 5 (1) - unlawful detention - arrest, escorting and detention between 31/01/2021 to 02/02/2021 as administrative suspect, pending trial, after the offence record had been 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 open court police officers on whose written statements the conviction was based,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 02/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO   46231/21 01/09/2021 Yelizaveta Aleksandrovna BURMA 1998   Aleksandr Dmitriyevich Peredruk St Petersburg Rally in support of A.   Navalnyy   St Petersburg   31/01/2021 article 20.2.2 § 1 of CAO administrative detention of 10 days St Petersburg City Court 16/03/2021 Art. 5 (1) - unlawful detention - arrest, escorting and detention between 31/01/2021 to 01/02/2021 as administrative suspect, pending trial, after the offence record had been 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 open court the police officers on whose written statements the conviction was based,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 01/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO   46233/21 01/09/2021 Andrey Maryanovich ANDRUKOVICH 1994   Aleksandr Dmitriyevich Peredruk St Petersburg Rally in support of A.   Navalnyy   St Petersburg   31/01/2021 article 20.2.2 § 1 of CAO administrative detention for 10 days St Petersburg City Court 02/03/2021 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 31/01/2021 to 01/02/2021 as administrative suspect, pending trial and after the offence record had been 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 open court police officers on whose written statements the conviction was made,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 01/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO   48242/21 15/09/2021 Viktor Vladimirovich SKALSKIY 1983   Yana Andreyevna Nepovinnova St Petersburg 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 22/06/2021 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 21/04/2021 and 22/04/2021 as administrative suspect, pending trial, after the offence record had been 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 open court police officers on whose written statements the conviction was based   48244/21 15/09/2021 Aleksandr Sergeyevich AKHNEVSKIY 1996   Yana Andreyevna Nepovinnova St Petersburg Rally in support of A.   Navalnyy   St Petersburg   21/04/2021 article 20.2.2. § 1 of CAO administrative detention of 3 days St Petersburg City Court 22/06/2021 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 21/04/2021 and 22/04/2021 as administrative suspect, pending trial, after the offence record had been 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 officers on whose written statements the applicant’s conviction was based   48897/21 14/09/2021 Nikita Nikolayevich DEMIDOV 1991   Mikhail Germanovich Shiolashvili St Petersburg Rally in support of A.   Navalnyy   St Petersburg   31/01/2021 article 20.2.2 § 1 of CAO administrative detention of 8 days St Petersburg City Court 18/03/2021 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 31/01/2021 to 01/02/2021 as administrative suspect, pending trial, after the offence record had been 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 open court police officers on whose written statements the 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 appeal under the CAO     50389/21* 30/09/2021 Elmira Ravilyevna DEYNIKOVA 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 20,000 St Petersburg City Court 01/04/2021 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial, after the offence record had been 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 open court police officers on whose statements the conviction was based   51395/21* 30/09/2021 Artur Yuryevich KARPUKHIN 1994     Memorial Human Rights Centre Moscow Rally in support of A. Navalnyy   St Petersburg   31/01/2021 article 20.2.2 § 1 of CAO fine of RUB 10,000 St Petersburg City Court 06/04/2021 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial, and after the offence record had been 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 open court police officers on whose written statements the 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:001-229273
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- Texte intégral
- Résumé officiel