CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 2 novembre 2023
- ECLI
- ECLI:CEDH:001-229274
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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 } Published on 27 November 2023   FOURTH SECTION Application no.   51348/21 Nikita Georgiyevich NIKOLSKIY 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 / criminal offence Penalty Final domestic decision Court Name Date Other complaints under well-established case-law     51348/21* 18/09/2021 Nikita Georgiyevich NIKOLSKIY Nikolay Sergeyevich Zboroshenko Mytishchi Manifestation in support of Navalnyy   Moscow   02/02/2021 article 20.2 §   6.1 of CAO fine of RUB   10,000 Moscow City Court 08/04/2021 Art. 5 (1) - unlawful detention - arrest and detention on 02/02/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 08/04/2021,   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     51392/21 08/10/2021 Maksim Sergeyevich TEMERBAYEV 2002 Memorial Human Rights Centre Moscow Manifestation in support of Navalnyy   Moscow   02/02/2021 article 20.2 § 5 of CAO fine of RUB   15,000 Moscow City Court 11/05/2021 Art. 5 (1) - unlawful detention - arrest and detention from 10 a.m. to 4 p.m. on 02/02/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 11/05/2021,   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     54177/21* 27/10/2021 Darya Alekseyevna OBRAZTSOVA 1999 Ilya Yulyevich Nazarov Moscow Manifestation in support of Navalnyy   Moscow   02/02/2021 article 20.2 §   6.1 of CAO fine of RUB   15,000 Moscow City Court 28/04/2021 Art. 5 (1) - unlawful detention - arrest and detention from 11 p.m. on 02/02/2021 to 9 a.m. on 03/02/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 28/04/2021,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based     54186/21* 19/10/2021 Yuriy Vladimirovich GURALSKIY 1983 Aleksandr Yevgenyevich Karavayev Nizhniy Novgorod Manifestation in support of Navalnyy   Moscow   02/02/2021 article 20.2 §   6.1 of CAO detention of 8 days Moscow City Court 20/04/2021 Art. 5 (1) - unlawful detention - arrest and detention from 12 p.m. on 02/02/2021 to 5.30 p.m. on 03/02/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 20/04/2021,   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     55318/21* 23/10/2021 Vladislava Denisovna LEONOVA 1999 Nikolay Sergeyevich Zboroshenko Mytishchi Manifestation in support of Navalnyy   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB   20,000 Moscow City Court 03/06/2021 Art. 5 (1) - unlawful detention - arrest and detention on 31/01/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 03/06/2021,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based     55382/21* 26/10/2021 Anar Khazar Ogly DZHAFAROV 1997 Darya Dmitriyevna Aksenova Kolomna Manifestation in support of Navalnyy   Moscow   02/02/2021 article 20.2 § 5 of CAO fine of RUB   15,000 Moscow City Court 26/04/2021 Art. 5 (1) - unlawful detention - arrest and detention on 02/02/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 26/04/2021,   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     56355/21 15/11/2021 Kirill Aleksandrovich STEPANOV 1996 Ivan Yuryevich Zhdanov Vilnius Manifestation in support of Navalnyy   Moscow   02/02/2021 article 20.2 §   6.1 of CAO fine of RUB   15,000 Moscow City Court 25/05/2021 Art. 5 (1) - unlawful detention - arrest and detention from 11.45 p.m. on 02/02/2021 to 03/02/2021 until the court hearing for the sole purpose of drawing up an administrative offence record, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 25/05/2021,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements his conviction was based     56850/21* 26/10/2021 Gleb Andreyevich IVANOV 1994 Darya Dmitriyevna Aksenova Kolomna Manifestation in support of Navalnyy   Moscow   31/01/2021 article 20.2 §   6.1 of CAO fine of RUB   10,000 Moscow City Court 19/05/2021 Art. 5 (1) - unlawful detention - arrest and detention from 2.58 p.m. on 31/01/2021 to 2.30 a.m. on 01/02/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 19/05/2021,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based     57152/21* 29/10/2021 Ruslan Gennadyevich VERNYY 1987 Nikolay Sergeyevich Zboroshenko Mytishchi Manifestation in support of Navalnyy   Moscow   23/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 19/05/2021 Art. 5 (1) - unlawful detention - arrest and detention on 23/01/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 19/05/2021,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based   57162/21* 29/10/2021 Tatyana Vladimirovna KUZMINA 2000 Nikolay Sergeyevich Zboroshenko Mytishchi Manifestation in support of Navalnyy   Moscow   02/02/2021 article 20.2 §   6.1 of CAO detention of 10 days Moscow City Court 07/06/2021 Art. 5 (1) - unlawful detention - arrest and detention from 1.00 a.m. on 02/02/2021 to 11.05 a.m. on 03/02/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 07/06/2021,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based   57165/21* 29/10/2021 Natalya Sergeyevna NIKOLSKAYA 1979 Nikolay Sergeyevich Zboroshenko Mytishchi Manifestation in support of Navalnyy   Moscow   02/02/2021 article 20.2 §   6.1 of CAO fine of RUB   20,000 Moscow City Court 25/05/2021 Art. 5 (1) - unlawful detention - arrest and detention on 02/02/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 25/05/2021,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - Inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based   57350/21 08/11/2021 Anton Dmitriyevich CHECHIN 1998 Anna Yevgenyevna Bochilo Barnaul Manifestation in support of Navalnyy   Barnaul   21/04/2021 article 20.2 § 5 of CAO fine of RUB   15,000 Altay Regional Court 04/08/2021 Art. 5 (1) - unlawful detention - arrest and detention on 21/04/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Altay Regional Court, 04/08/2021   57679/21* 07/11/2021 Zulol Zafariddinovich DAVRONOV 1988 Nikolay Sergeyevich Zboroshenko Mytishchi Manifestation in support of Izzat Amono   Moscow   02/04/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 13/07/2021 Art. 5 (1) - unlawful detention - arrest and detention on 02/04/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 13/07/2021,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - Inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based   57681/21* 07/11/2021 Kosim Khudoydoyevich NAZAROV 1986 Nikolay Sergeyevich Zboroshenko Mytishchi Manifestation in support of Izzat Amono   Moscow   02/04/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 13/07/2021 Art. 5 (1) - unlawful detention - arrest and detention on 02/04/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 13/07/2021,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - Inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based   57682/21* 07/11/2021 Fayzullo DALERDZHONI 1992 Nikolay Sergeyevich Zboroshenko Mytishchi Manifestation in support of Izzat Amono   Moscow   02/04/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 13/07/2021 Art. 5 (1) - unlawful detention - arrest and detention on 02/04/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 13/07/2021,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - Inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based   57686/21* 07/11/2021 Abdunabi Mirzosharifovich TAVAROV 1972 Nikolay Sergeyevich Zboroshenko Mytishchi Manifestation in support of Izzat Amono   Moscow   02/04/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 13/07/2021 Art. 5 (1) - unlawful detention - arrest and detention on 02/04/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 13/07/2021,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - Inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based   57691/21* 07/11/2021 Bakhrom Abdurazykovich KHOLIKOV 1982 Nikolay Sergeyevich Zboroshenko Mytishchi Manifestation in support of Izzat Amono   Moscow   02/04/2021 article 20.2 § 5 of CAO fine of 10,000 RUB Moscow City Court 13/07/2021 Art. 5 (1) - unlawful detention - arrest and detention on 02/04/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 13/07/2021,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - Inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based   57694/21* 07/11/2021 Muboriz Abdumachidovich SHARIFOV 2000 Nikolay Sergeyevich Zboroshenko Mytishchi Manifestation in support of Izzat Amono   Moscow   02/04/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 13/07/2021 Art. 5 (1) - unlawful detention - arrest and detention on 02/04/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 13/07/2021,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - Inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based   59042/21* 27/11/2021 Timofey Pavlovich TARANOV 1993 Ivan Yuryevich Zhdanov Vilnius Manifestation in support of Navalnyy   Saratov   23/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Saratov Regional Court 04/06/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Saratov Regional Court, 04/06/2021,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - Inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based   59216/21* 01/12/2021 Sergey Yuryevich FONOV 1996     Manifestation in support of Navalnyy   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB   15,000 Moscow City Court 01/06/2021 Art. 5 (1) - unlawful detention - arrest and detention from 12.43 p.m. to 10   p.m. on 31/01/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 01/06/2021,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - Inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based, refusal to provide the applicant’s evidence (photo and video materials, witnesses), conviction was based on police’s evidence   59920/21* 16/11/2021 Anton Sergeyevich MAKAROV 1997     Manifestation in support of Navalnyy   Nizhniy Novgorod   31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Nizhniy Novgorod Regional Court 19/05/2021 Art. 5 (1) - unlawful detention - arrest and detention from 1.34 p.m. to 8.20   p.m. on 31/01/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Nizhniy Novgorod Regional Court, 19/05/2021   443/22* 04/12/2021 Mikhail Aleksandrovich IVANOV 2000 Mansur Idrisovich Gilmanov Podolsk Manifestation in support of political prisoners   Moscow   04/11/2020 article 20.2 §   6.1 of CAO fine of RUB   20,000 Moscow City Court 07/06/2021 Art. 5 (1) - unlawful detention - arrest and detention from 2.25 p.m. to 9 p.m. on 04/11/2020 for the sole purpose of drawing up an administrative offence record, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 07/06/2021,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - Inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based   916/22* 01/12/2021 Maksim Anatolyevich AVDEYEV 1995 Darya Dmitriyevna Aksenova Kolomna Manifestation in support of Navalnyy   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB   20,000 Moscow City Court 09/06/2021 Art. 5 (1) - unlawful detention - arrest and detention on 31/01/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 09/06/2021,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - Inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based  Citations
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- Juridiction
- CEDH
- Chambre
- CASELAW;COMMUNICATEDCASES;ENG
- Date
- 2 novembre 2023
- Matière
- droits fondamentaux
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ECLI:CEDH:001-229274
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