CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 2 novembre 2023
- ECLI
- ECLI:CEDH:001-229281
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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 } .sBFD42F38 { height:38pt } Published on 27 November 2023   FIFTH SECTION Application no.   41710/21 Yuriy Anatolyevich KUZIN against Russia and 29 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     41710/21* 03/08/2021 Yuriy Anatolyevich KUZIN 1987     Rally ‘Free Navalnyy"   Moscow   31/01/2021 article 20.2 §   6.1 of CAO detention for 4 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 3.45 p.m. on 31/01/2021 until 3.45 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.     41725/21* 31/07/2021 Denis Vladimirovich KURUSHIN 1990 Mariya Valeryevna Chashchilova Moscow Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 §   6.1 of CAO detention for 10 days Moscow City Court 16/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 1.37 p.m. on 31/01/2021 until 10 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; inability to obtain the attendance and examination of witnesses on his behalf.     41740/21 06/08/2021 Maksim Yevgenyevich DOMOZHIROV 1993 Yelena Viktorovna Kurochko Vologda Rally "Free Navalnyy"   Vologda   31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Vologda Regional Court 27/04/2021       41941/21* 10/08/2021 Aleksandr Sergeyevich DMITRIYEV 1998 Veronika Valeryevna Polyakova Moscow Rally "Free Navalnyy"   Moscow   02/02/2021 article 20.2 §   6.1 of CAO detention for 10 days Moscow City Court 10/02/2021 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.     42050/21* 03/08/2021 Ilya Pavlovich SHAMOVSKIY 1997 Fedor Yevgenyevich Sirosh Moscow Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 §   6.1 of CAO detention for 5 days Moscow City Court 05/02/2021 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.     42060/21* 03/08/2021 Konstantin Yuryevich MASLOV 1994 Fedor Yevgenyevich Sirosh Moscow Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 §   6.1 of CAO detention for 5 days Moscow City Court 05/02/2021 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.     42091/21* 04/08/2021 Mikhail Aleksandrovich ALIYEV 1986   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 21/05/2021 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, when the applicant was taken to the Babushkinskiy District Court,   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.     42100/21* 04/08/2021 Yevgeniya Yuryevna MAYOROVA 1994   Memorial Human Rights Centre 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. 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.     42102/21* 04/08/2021 Marat Rashitovich NAFIKOV 1986   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 §   6.1 of CAO detention for 15 days Moscow City Court 09/02/2021 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 9.40 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 adduce evidence,   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.   42106/21* 03/08/2021 Dmitriy Sergeyevich TARASOV 1988 Fedor Yevgenyevich Sirosh Moscow Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 §   6.1 of CAO detention for 5 days Moscow City Court 05/02/2021 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.   42108/21* 04/08/2021 Nikita Sergeyevich KARNAUKHOV 1994 Fedor Yevgenyevich Sirosh Moscow Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 §   6.1 of CAO detention for 5 days Moscow City Court 05/02/2021 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.   42110/21* 04/08/2021 Ivan Anatolyevich LOBACHEV 1988 Fedor Yevgenyevich Sirosh Moscow Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 §   6.1 of CAO detention for 5 days Moscow City Court 08/02/2021 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.   42123/21* 03/08/2021 Vladislav Aleksandrovich VETOKHIN 1997 Fedor Yevgenyevich Sirosh Moscow Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 §   6.1 of CAO detention for 5 days Moscow City Court 05/02/2021 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.   42151/21* 31/07/2021 Dmitriy Svyatoslavovich MAKAROVSKIY 1988 Mariya Valeryevna Chashchilova 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. 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.   42400/21* 06/08/2021 Pavel Sergeyevich STRUNIN 1988 Andrey Gennadyevich Lepekhin Chelyabinsk Rally "Free Navalnyy"   Chelyabinsk   31/01/2021 article 20.2 § 2 of CAO detention for 9 days Chelyabinsk Regional Court 09/02/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   42510/21* 05/08/2021 Sergey Nikolayevich VERBITSKIY 1983   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 (served on the applicant on the following day) 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 by the trial court was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   42579/21* 11/08/2021 Adelina Timeryanovna BATYRSHINA 2001 Danil Ilnurovich Nurgaleyev Kazan Rally "Free Navalnyy"   Kazan   31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Supreme Court of the Tatarstan Republic 24/02/2021 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 4.30 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.   42587/21* 11/08/2021 Yelizaveta Sergeyevna YELISEYEVA 1999 Danil Ilnurovich Nurgaleyev Kazan Rally "Free Navalnyy"   Kazan   31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Supreme Court of the Tatarstan Republic 24/02/2021 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 4.30 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.   42588/21* 11/08/2021 Valeriya Eduardovna NIKOLAYEVA 2000 Danil Ilnurovich Nurgaleyev Kazan Rally "Free Navalnyy"   Kazan   31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Supreme Court of the Tatarstan Republic 03/03/2021 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 4.30 p.m. on 01/02/2021.   43237/21 09/08/2021 Fedor Alekseyevich ZAKHAROV 2000 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 10/02/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 6.40 p.m. on 31/01/2021 until 4.50 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.   55895/21* 29/10/2021 Vladislav Yuryevich RYBALKO 1995   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow   02/02/2021 article 20.2 §   6.1 of CAO fine of RUB   10,000 Moscow City Court 17/05/2021 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 in the trial the police officers on whose written statements the applicant’s conviction was based.   55900/21* 29/10/2021 Anton Viktorovich SYASIN 1990   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow   23/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 17/05/2021 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 in the trial the police officers on whose written statements the applicant’s conviction was based.   55912/21* 29/10/2021 Yelena Vitalyevna YELTSOVA 2000   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Nizhniy Novgorod   31/01/2021 article 20.2 § 5 of CAO fine of RUB   5,000 Nizhniy Novgorod Regional Court 28/07/2021 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.   56863/21* 15/11/2021 Tatyana Aleksandrovna POKROVSKAYA 1970   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 §   6.1 of CAO fine of RUB   15,000 Moscow City Court 19/05/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   56916/21* 15/11/2021 Yuriy Ivanovich KUREYEV 1993   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 05/07/2021 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.   57035/21* 10/11/2021 Sergey Mikhaylovich TERTIYENKO 1998   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. 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.   57108/21* 07/10/2021 Yelizaveta Leonidovna ZAGORSKAYA 1998   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Samara   23/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Samara Regional Court 08/04/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   57171/21* 30/10/2021 Anastasiya Sergeyevna KASYANOVA 2002   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Kurgan   21/04/2021 article 20.2 § 8 of CAO detention for 20 days Kurgan Regional Court 01/05/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 8.10 p.m. on 21/04/2021 until 10.13 a.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,   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.   58278/21* 18/11/2021 Aleksey Igorevich KRIVOSHEIN 1994 Yelena Yuryevna Pershakova Moscow Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 §   6.1 of CAO fine of RUB   15,000 Moscow City Court 19/05/2021 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 in the trial the police officers on whose written statements the applicant’s conviction was based.   58684/21* 15/11/2021 Mikhail Andreyevich PANFILOV 1997 Sofya Zurabovna Sharangiya Nizhniy Novgorod Rally "Free Navalnyy"   Nizhniy Novgorod   23/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Nizhniy Novgorod Regional Court 16/06/2021 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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- Juridiction
- CEDH
- Chambre
- CASELAW;COMMUNICATEDCASES;ENG
- Date
- 2 novembre 2023
- Matière
- droits fondamentaux
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ECLI:CEDH:001-229281
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