CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 2 novembre 2023
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- ECLI:CEDH:001-229276
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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   SECOND SECTION Application no.   38642/21 Artem Mikhaylovich MEDVEDEV against Russia and 19 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     38642/21* 15/07/2021 Artem Mikhaylovich MEDVEDEV 1989     Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow 31/01/2021 article 20.2 § 6.1 of CAO detention for 5 days Moscow City Court 10/02/2021 Art. 5 (1) - unlawful detention - detention in the police van between 12:27 p.m. and 2:25 p.m. on 31/01/2021, escorting to and detention at the police station for compiling an offence record between 2:25 p.m. 31/01/2021 and 3:00 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     44708/21 12/08/2021 Vladimir Olegovich SEREBRYAKOV 1994   Aleksey Vladimirovich Glukhov Novocheboksarsk Rally "Free Navalnyy"   Cheboksary 23/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Supreme Court of the Republic of Chuvashia 06/05/2021 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 police officers who had drawn an administrative offence record     47075/21* 07/09/2021 Aleksandr Arkadyevich STURCHAK 1987     Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow 31/01/2021 article 20.2 § 6.1 of CAO detention for 7 days Moscow City Court 12/03/2021 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - escorting to the police station on 31/01/2021 for compiling administrative offence record and detention at the police station between 12:25 p.m. on 31/01/2021 and 3:00 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 police officers who had drawn an administrative offence record,   Prot. 7 Art. 2 - Right of appeal against criminal conviction/sentence - 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, Art. 6 (1) - lack of fair hearing - refusal to allow evidence in support of the applicant’s account of events (video record of the events in question), refusal to request evidence (records of police body cameras)     60623/21 06/12/2021 Andrey Vladimirovich PRYTKOV 1979     Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Tumen 23/01/2021   Rally "Free Navalnyy"   Tumen 31/01/2021 article 20.2 § 5 of CAO         article 20.2 § 5 of CAO fine of RUB 15,000       fine of RUB 17,000 Tumen Regional Court 14/07/2021       Tumen Regional Court 07/06/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of administrative-offence proceedings (concerning the events on 23/01/2021 and 31/01/2021),   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 - in both sets of administrative-offence proceedings (concerning the events on 23/01/2021 and 31/01/2021)     61338/21* 03/12/2021 Aleksandr Aleksandrovich ROMANENKO 1991     Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow 23/01/2021   Rally "Free Navalnyy"   Moscow 21/04/2021 article 20.2 § 5 of CAO         article 20.2 § 6.1 of CAO fine of RUB 10,000       fine of RUB 10,000 Moscow City Court 23/06/2021       Moscow City Court 01/10/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between: 3:00 p.m. to 11:10 p.m. on 23/01/2021; from 4:30 p.m. on 25/04/2021 (4 days after the participation in the rally) and 11:00 p.m. on 26/04/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of administrative-offence proceedings (concerning the events on 23/01/2021 and 21/04/2021),   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, in both sets of administrative-offence proceedings (concerning the events on 23/01/2021 and 21/04/2021)     61724/21* 10/12/2021 Nikita Leonidovich IGONIN 2000     Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Nizhny Novgorod 31/01/2021 article 20.2 § 5 of CAO fine of RUB 5,000 Nizhny Novgorod Regional Court 21/07/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 12:20 p.m. and 9:45 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     8381/22* 25/01/2022 Vladislav Igorevich BELYAYEV 2000     Memorial Human Rights Centre Moscow Rally in support of Navalnyy   Moscow 31/01/2021 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 27/07/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record and detention there between 5:40 p.m. and 8:55 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.     8420/22 25/01/2022 Dmitriy Andreyevich ILYIN 1998     Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow 02/02/2021 article 20.2 § 6.1 of CAO detention for 6 days Moscow City Court 29/07/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 11:30 p.m. on 02/02/2021 and 5:00 p.m. on 04/02/2021,   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     8441/22 12/01/2022 Miroslav Vladlenovich BUYNOV 1996   Daniil Alekseyevich Polyakov Voronezh Rally "Free Navalnyy"   Voronezh 31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Voronezh Regional Court 12/07/2021 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   8472/22* 25/01/2022 Ivan Ilyich DOROFEYEV 1999     Memorial Human Rights Centre Moscow Meeting with a candidate running for parliamentary elections   Moscow 26/07/2021 article 19.3 § 1 of CAO detention for 5 days Moscow City Court 30/07/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 7:34 p.m. on 26/07/2021 and 3:30 p.m. on 27/07/2021,   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) - lack of fair hearing - refusal to allow evidence in support of the applicant’s account of events (video records of the events in question),   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   8475/22 25/01/2022 Viktor Petrovich KOCHKIN 1995     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 11/08/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 12:25 p.m. on 31/01/2021 and 0:30 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,   Art. 6 (1) - unfair criminal proceedings - refusal of the court to summon witnessed who could testify in support of the applicant’s account of events   8499/22* 14/01/2022 Pavel Andreyevich SAUTKIN 2000   Olimpiada Valentinovna Usanova Nizhniy Novgorod Rally "Free Navalnyy"   Nizhny Novgorod 31/01/2021 article 20.2 § 5 of CAO fine of RUB 5,000 Nizhny Novgorod Regional Court 15/07/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 12:25 p.m. and 11:00 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   8805/22* 22/01/2022 Roman Rinatovich MIFTAKHUTDINOV 2003   Yelena Yuryevna Pershakova Moscow 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 deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - escorting to and detention at the police station for compiling an offence record between 6:10 p.m. and 10:30 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   9460/22* 31/01/2022 Mikhail Dmitriyevich MOROZOV 2001   Yelena Yuryevna Pershakova Moscow Rally "Free Navalnyy"   Krasnoyarsk 23/01/2021 article 20.2 § 5 of CAO fine of RUB 12,000 Krasnoyarsk Regional Court 27/10/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record 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   11442/22* 01/02/2022 Ilya Daniilovich STEPANOV 1998     Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow 02/02/2021 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 03/08/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 11:10 a.m. and 5:30 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   11567/22 28/01/2022 Renat Maratovich KHAKIMOV 1999   Marina Alekseyevna Dubrovina Novorossiysk Rally "Free Navalnyy"   Krasnodar 21/04/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Krasnodar Regional Court 04/10/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   12287/22* 24/02/2022 Shukrullo Nurulloyevich ALIMOV 1988   Kseniya Dmitriyevna Prosvirkina Moscow Rally to support Izzat Amon   Moscow 02/04/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 27/08/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 11:15 a.m. and 8:50 p.m. on 02/04/2021,   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) - lack of fair hearing - refusal of the court to grant the applicant’s request to adduce evidence in support of the applicant’s account of events (video records)   12425/22* 09/02/2022 Yegor Vladimirovich SPIRIDONOV 1997   Konstantin Aleksandrovich Markin Velikiy Novgorod Rally "Free Navalnyy"   Moscow 23/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 25/08/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 3:30 p.m. and 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   13893/22 28/02/2022 Roman Sergeyevich KURLYKIN 1988   Kseniya Dmitriyevna Prosvirkina Moscow Rally "Free Navalnyy"   Voronezh 21/04/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Voronezh Regional Court 31/08/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 7:35 p.m. on 21/04/2021 and 0:30 a.m. on 22/04/2021,   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, Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   30525/22 22/02/2022 David Vladimirovich SHESTAKOV 1989   Kseniya Dmitriyevna Prosvirkina Moscow Rally "Free Navalnyy"   Voronezh 21/04/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Voronezh Regional Court 24/08/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record on 21/04/2021,   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  Citations
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Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;COMMUNICATEDCASES;ENG
- Date
- 2 novembre 2023
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:001-229276
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- Texte intégral
- Résumé officiel