CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 2 novembre 2023
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- 2 novembre 2023
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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 } .sBA1D88E { height:67.65pt } .s8DC53943 { margin-top:12pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-size:9pt } Published on 27 November 2023   THIRD SECTION Application no.   41232/18 Vitaliy Aleksandrovich POPOV 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 5 § 1 of the Convention relating to unlawful detention (deprivation of liberty) which are the subject of well-established case law of the Court (see Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, 26 June 2018, Rozhkov v. Russia (no. 2), no. 38898/04, §§ 91-96, 31 January 2017, Butkevich v. Russia, no.   5865/07, § 67, 13 February 2018, Kuptsov and Kuptsova v. Russia, no.   6110/03, § 81, 3 March 2011 and Tsvetkova and Others v. Russia, nos.   54381/08 and 5 others, §§ 121-22, 10 April 2018).   APPENDIX – STATEMENT OF FACTS List of applications raising complaints under Article 5 § 1 of the Convention (unlawful detention (deprivation of liberty)) No. Application no. Date of introduction Applicant’s name Year of birth Representative’s name and location Start date of unauthorised detention End date of unauthorised detention Specific defects Other complaints under well-established case-law     41232/18 02/07/2018 Vitaliy Aleksandrovich POPOV 1984 Viktoriya Viktorovna Pekhteleva Moscow 15/03/2017 16/02/2018 Lack of legal basis for detention owing to the higher court’s omission to extend the applicant’s detention following the quashing of the first-instance court detention order or a conviction/appeal decision on conviction (see Kuptsov and Kuptsova v. Russia , no. 6110/03, §   81, 3 March 2011)       1836/19* 26/12/2018 Sergey Konstantinovich DAVIDIS 1969     11.30 a.m. on 25/04/2021 1.30 p.m. on 27/04/2021 (hearing in the applicant’s administrative-offence case) Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity, detention as an administrative suspect: beyond the 48-hour statutory period, detention as an administrative suspect: beyond the three-hour statutory period, detention as an administrative suspect: no evidence/assessment of “exceptional circumstances”, detention as an administrative suspect: the applicant remained in detention after the offence record had been compiled Art. 10 (1) - conviction for making calls to participate in public events - calls to participate in an unauthorised rally on 21/04/2021 in support of A.   Navalnyy published in Twitter; Article   20.2 § 2 of CAO, 10 days of detention; Moscow City Court, 28/04/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 28/04/2021,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentences of administrative detention imposed on the applicant by the court of first instance were executed immediately, on account of the lack of suspensive effect of an appeal under the CAO,   Art. 10 (1) - various restrictions on the right to freedom of expression - During an authorised rally on 26/02/2017, the law enforcement officers took the applicant’s 4 posters and banners with political slogans. The applicant’s administrative claim was definitely dismissed (last final decision: Single judge of the Supreme Court of Russia, 27/06/2018) on the ground that the slogans had not corresponded to the declared aims of the approved public event. Date of lodging of the application is 26/12/2018. See Yartsev v. Russia , no. 16683/17, §§   33-38, 20 July 2021,   Art. 10 (1) - various restrictions on the right to freedom of expression - On 06/05/2017, during an approved public rally, the applicant speaker’s stand with political slogans was dismantled by law enforcement officers (the banners with slogans were taken off). The applicant’s administrative claim was definitely dismissed (last final decision: Single judge of the Supreme Court, 08/05/2019) on the ground that the slogans had not correspond to the declared aims of a public event and that they were dangerous as likely to cause mass rioting. Date of the lodging of the application is 08/11/2019. See Yartsev v. Russia , no. 16683/17, §§   33-38, 20 July 2021     5169/19* 19/12/2018 Kirill Vitalyevich DENISOV 1988 Yuliya Yevgenyevna Fedotova Yekaterinburg 09/09/2018, 1.30 p.m. 11/09/2018 Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Sverdlovsk Regional Court, 21/09/2018,       15054/19 04/03/2019 Yevgeniy Vladimirovich KRUGLIK 1984 Sergey Yuryevich Pobol Odintsovo 26/09/2018, 8:00 am 27/09/2018; 12:15 pm (record) 28/09/2018, 6:30 pm (court order) Detention without a court order beyond the 48-hour time-limit, detention (criminal) for more than three hours without any written record       19180/21* 23/03/2021 Mariya Alekseyevna KHUDOYAROVA 1993 Anna Yevgenyevna Bochilo Barnaul 05.35 p.m. on 22/04/2021 unspecified time (after 06.30 p.m.) on 22/04/2021 (hearing in the applicant’s administrative-offence case) Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity, detention as an administrative suspect: the applicant remained in detention 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 - Final decision: Volgograd Regional Court, 26/04/2021,   Art. 10 (1) - conviction for making calls to participate in public events - for calls, in Telegram messenger, on public to participate in two unauthorised rallies in support of A. Navalnyy, Article 20.2 § 8 of the CAO: 1) administrative detention of 7 days, Volgograd Regional Court, 28/01/2021, 2) administrative detention of 25 days, Volgograd Regional Court, 26/04/2021,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant by the courts of first instance (in her 2nd administrative-offence case) was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO,   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     32093/21 27/10/2021 Denis Viktorovich LEONTYEV 1983     12/09/2017 13/09/2017 Detention as an administrative suspect: no written record of the administrative arrest:   On 04/06/2018 the applicant was convicted of a criminal offence, upheld by the final appeal instance on 21/08/2018. In 2020 the applicant brought civil proceedings seeking compensation for his allegedly unlawful detention between 12/09/2017 and 13/09/2017, the complaint was dismissed on the grounds that that period of detention had been counted as the applicant’s pre-trial detention and was deduced from his sentence, final decision on 06/10/2021, the Supreme Court of the Russian Federation       41249/21* 26/07/2021 Aleksey Viktorovich SOKIRKO 1974   Memorial Human Rights Centre Moscow 5.05 p.m. on 22/01/2021 5.30 p.m. on 23/01/2021 Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity, detention as an administrative suspect: the applicant remained in detention after the offence record had been compiled Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 23/01/2021, Moscow, Article 20.2 § 2 of CAO, detention for 7 days, Moscow City Court, 26/01/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 26/01/2021,   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     41254/21* 28/07/2021 Valentin Alekseyevich KHOROSHENIN 2001 Luiza Magomedovna Magomedova St Petersburg 27/01/2021   27/01/2021 Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity Art. 10 (1) - conviction for making calls to participate in public events - posting a call on a social network to participate in a rally in support of A.   Navalnyy on 22/01/2021, Article 20.2 §   2 of CAO, detention for 7 days, St Petersburg City Court, 04/02/2021; posting a call on a social network to participate in a rally in support of A.   Navalnyy on 27/01/2021, Article 20.2 §   8 of CAO, detention for 7 days, St Petersburg City Court, 25/03/2021,   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 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 in both sets of administrative proceedings, on account of the lack of suspensive effect of an appeal under the CAO,   Art. 6 (1) - unfair criminal proceedings - the courts in both sets of administrative proceedings ignored the applicant’s arguments about lack of information concerning a public event in his post on a social media,   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, Oktyabrskiy District Court of St Petersburg, 27/01/2021, St   Petersburg City Court, 04/02/2021     43407/21* 01/07/2021 Pavel Dmitriyevich SYCHEV 1986 Daniil Alekseyevich Polyakov Voronezh 23/01/2021, 8.00 a.m. 07/07/2021, 5.30 p.m. 23/01/2021, 4.35 p.m. 08/07/2021, 5.10 p.m. Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity, detention as an administrative suspect: beyond the three-hour statutory period, detention as an administrative suspect: no evidence/assessment of “exceptional circumstances”, detention as an administrative suspect: the applicant remained in detention 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 - final decisions: Voronezh Regional Court, 04/02/2021 and 09/07/2021,   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 open court police officer on whose written statements the applicant’s conviction was based,   Art. 10 (1) - conviction for making calls to participate in public events – posting on the applicant’s personal account page in the social network "VKontakte" a call on participation in a rally in support of Mr A.   Navalnyy scheduled for 23/01/2021, Article 20.2 § 2 of the CAO, detention of 9   days, Voronezh Regional Court, 04/02/2021,   Prot. 7 Art. 2 - Right of appeal against criminal conviction/sentence - the administrative detention was enforced immediately after the decision of the first-instance court on account of the lack of suspensive effect of an appeal under the CAO   43505/21* 12/08/2021 Kseniya Ilyinichna VERSTAKOVA 1996 Dmitriy Igorevich Zakhvatov Moscow 02/02/2021 03/02/2021 Applicant taken to the police station as an administrative suspect and to establish the suspect’s identity: no evidence/assessment that it was impracticable, on the spot, to compile the offence record, detention as an administrative suspect: beyond the three-hour statutory period 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, 12/02/2021,   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 police officers on whose written statements his conviction was based,   Art. 10 (1) - conviction for making calls to participate in public events - sticking posters calling to take part in the rally to support A.   Navalnyy on 02/02/2021, Moscow, Article   20.2 § 2 of CAO, detention of 10 days, Moscow City Court, 12/02/2021   43506/21* 12/08/2021 Vadim Andreyevich SOLOMENNIK 1997 Dmitriy Igorevich Zakhvatov Moscow 02/02/2021 03/02/2021 Applicant taken to the police station as an administrative suspect for the purposes of compiling an offence record: no written record of the administrative escort, detention as an administrative suspect: beyond the three-hour statutory period 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, 12/02/2021,   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 police officers on whose written statements his conviction was based,   Art. 10 (1) - conviction for making calls to participate in public events - sticking posters calling to take part in the rally to support Navalnyy on 02/02/2021, Moscow, Article   20.2 § 2 of CAO, detention of 10 days, Moscow City Court, 12/02/2021   44233/21 23/08/2021 Anastasiya Aleksandrovna KORSAKOVA 1981 Tatyana Olegovna Galeyeva Krasnoyarsk 22/01/2022 22/01/2022 Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Krasnoyarsk Regional Court, 12/01/2022 (date of introduction: 12/07/2022),   Art. 10 (1) - conviction for making calls to participate in public events - rally to support A.   Navalnyy on 21/04/2021, Krasnoyarsk, Article 20.2 § 2 of CAO, fine of RUB 25,000, Krasnoyarsk Regional Court, 10/06/2021; rally to support A.   Navalnyy on 23/01/2021, Krasnoyarsk, Article 20.2 § 2 of CAO, detention of 8 days, Krasnoyarsk Regional Court, 12/01/2022 (date of introduction: 12/07/2022)   53520/21 06/10/2021 Kirill Vladimirovich SEREBRENNIKOV 1996 Roman Yevgenyevich Kachanov Yekaterinburg 30/01/2021 01/02/2021 Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity Art. 10 (1) - conviction for making calls to participate in public events - repost of a call to protest in support of A.   Navalnyy on 28/01/2021, Article 20.2. § 2 of CAO, fine of RUB 30,000, Sverdlovsk Regional Court, 07/04/2021   57112/21* 29/10/2021 Irina Anatolyevna MALTSEVA 1967 Memorial Human Rights Centre Moscow 5.13 p.m. on 20/04/2021 10.14 p.m. on 20/04/2021 Applicant taken to the police station as an administrative suspect for the purposes of compiling an offence record: no written record of the administrative escort Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings, - Final decision: Ivanovo Regional Court, 30/04/2021,   Art. 10 (1) - conviction for making calls to participate in public events - rally to support A.   Navalnyy on 21/04/2021, Ivanovo, Article 20.2 § 2 of CAO, detention of 3 days, Ivanovo Regional Court, 30/04/2021,   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   59169/21* 19/11/2021 Evelina Vyacheslavovna BURUTA 1981 Konstantin Aleksandrovich Markin Velikiy Novgorod 11.20 a.m. on 20/04/2021 13.50 p.m. on 21/04/2021 Detention as an administrative suspect: no evidence/assessment of “exceptional circumstances” Art. 10 (1) - conviction for making calls to participate in public events - rally to support A.   Navalnyy on 21/04/2021, Velikiy Novgorod, Article 20.2 § 2 of CAO, fine of RUB   20,000, Novgorod Regional Court, 24/05/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Novgorod Regional Court, 24/05/2021   59999/21* 03/12/2021 Stepan Viktorovich SOLODKIY 1987 Ivan Yuryevich Zhdanov Vilnius 5.45 p.m. on 21/04/2021 3.15 p.m. on 22/04/2021 Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity, detention as an administrative suspect: beyond the three-hour statutory period Art. 10 (1) - conviction for making calls to participate in public events - rally to support A.   Navalnyy on 21/04/2021, Article 20.2 § 2 of CAO, detention for 1 day, Supreme Court of the Karelia Republic, 22/06/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Supreme Court of the Karelia Republic, 22/06/2021,   Art. 6 (1) - and Art. 6 (3) (d) unfair criminal proceedings - inability to cross-examine in the trial police officers on whose written statements the conviction was based   61697/21* 10/12/2021 Dmitriy Lvovich IVANOV 1984   Memorial Human Rights Centre Moscow 10 a.m. on 21/04/2021 4 p.m. on 22/04/2021 Applicant taken to the police station as an administrative suspect for the purposes of compiling an offence record: no written record of the administrative escort Art. 10 (1) - conviction for making calls to participate in public events - rally to support A.   Navalnyy on 21/04/2021, Korsakov, Article 20.2 § 2 of CAO, fine of RUB 10,000, Sakhalin Regional Court, 10/06/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Sakhalin Regional Court, 10/06/2021   8031/22* 14/01/2022 Irina Olegovna LOPATOVA 1996 Aleksandr Vasilyevich Popkov Sochi 05/05/2018 05/05/2018 Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record to establish the suspect’s identity   Civil proceedings for compensation on account of unlawful deprivation of liberty ended with the decision of 04/08/2021 of the Supreme Court of Russia (see Tsvetkova and Others v.   Russia , nos. 54381/08 and 5 others, § 103, 10/04/2018)     8102/22 07/01/2022 Svetlana Vladimirovna SATALKINA 1979 Olimpiada Valentinovna Usanova Nizhniy Novgorod 12/09/2021 12/09/2021 Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity Art. 10 (1) - conviction for making calls to participate in public events - rally to support A.   Navalnyy on 12/09/2021, Magnitogorsk, Article 20.2 § 2 of CAO, fine of RUB 10,000, Chelyabinsk Regional Court, 10/03/2021,   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 police officers on whose written statements the conviction was based   8348/22* 25/01/2022 Dmitriy Yakovlevich SHUTOV 1976 Memorial Human Rights Centre Moscow 31/01/2021 01/02/2021 Detention as an administrative suspect: beyond the three-hour statutory period     8352/22* 25/01/2022 Aleksandr Sergeyevich KOMAROV 1985   Memorial Human Rights Centre Moscow 02/09/2021 09/09/2021 02/09/2021 10/09/2021 Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Irkutsk Regional Court, 17/09/2021,   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. 10 (1) - disproportionate measures against solo demonstrators - solo demonstration in support of political prisoners on 02/09/2021, Irkutsk, Article   20.2 § 2 of CAO, detention of 9 days, Irkutsk Regional Court, 17/09/2021,   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   8428/22 19/01/2022 Krasimir Khristov VRANSKI 1981 Varvara Dmitriyevna Mikhaylova St Petersburg 19/01/2021 20/01/2021 Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity, delay of more than a few hours in releasing the applicant Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: St   Petersburg City Court, 20/07/2021,   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,   Art. 10 (1) - conviction for making calls to participate in public events - call to participate in an eco-rally published on a social network "Vkontakte" on 19/01/2021, St   Petersburg, Article 20.2 § 2 of CAO, fine of RUB 25,000, St   Petersburg City Court, 20/07/2021   9127/22 27/01/2022 Konstantin Dmitriyevich RASPOPOV 1995 Mikhail Alekseyevich Gorshenev Voronezh 7.30 p.m. on 21/12/2020 5 p.m. on 22/12/2020 Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity, detention as an administrative suspect: no evidence/assessment of “exceptional circumstances”, detention as an administrative suspect: the applicant remained in detention 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 - Final decision: Moscow City Court, 29/07/2021,   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 police officers on whose written statements the conviction was based   11105/22* 10/02/2022 Dmitriy Andreyevich URYUPIN 1966 Nikolay Sergeyevich Zboroshenko Mytishchi 02/03/2021 02/03/2021 Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity Art. 10 (1) - conviction for making calls to participate in public events - call to organise an opposition gathering on 14/02/2021, Moscow, Article 20.2 §   2 of CAO, fine of RUB 20,000, Moscow City Court, 07/09/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 07/09/2021,   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 police officers on whose written statements the conviction was based   12124/22 01/02/2022 Mikhail Alekseyevich GUSEV 2000   Memorial Human Rights Centre Moscow 21/04/2021 22/04/2021 Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity, detention (criminal) for more than three hours without any written record, detention as an administrative suspect: beyond the three-hour statutory period Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Ivanovo Regional Court, 25/08/2021,   Art. 10 (1) - disproportionate measures against solo demonstrators - solo picketing in support of A.   Navalnyy on 21/04/2021, Ivanovo, Article 20.2. §   5 of CAO, fine of RUB 10,000, Ivanovo Regional Court, 25/08/2021   17198/22* 16/03/2022 Mikhail Yuryevich CHIMAROV 2000 Konstantin Aleksandrovich Markin Velikiy Novgorod 27/02/2022 01/03/2022 Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity, detention as an administrative suspect: beyond the three-hour statutory period 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, 05/03/2022,   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. 10 (1) - disproportionate measures against solo demonstrators - anti-war solo protest on 27/02/2022, Nizhniy Novgorod, Article 20.2 § 8, detention of 12 days, Nizhniy Novgorod Regional Court, 05/03/2022   22656/22* 28/03/2022 Sergey Gennadyevich ROSS 1986 Natalya Andreyevna Baranova Moscow 24/09/2021 25/09/2021 Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity, detention as an administrative suspect: beyond the three-hour statutory period, detention as an administrative suspect: the applicant remained in detention 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 - Final decision: Moscow City Court, 28/09/2021,   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. 10 (1) - conviction for making calls to participate in public events - posting a call on social media to participate in a meeting with communist party deputies on 20/09/2021, Moscow, Article 20.2. § 2 of CAO, detention of 9 days, Moscow City Court, 28/09/2021,   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   39798/22 02/08/2022 Yekaterina Yevgenyevna BUBNOVA 1996 Mariya Sergeyevna Zyryanova St Petersburg 02/03/2022 03/03/2022 Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity, detention as an administrative suspect: no evidence/assessment of “exceptional circumstances” Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: St   Peterburg City Court, 05/04/2022,   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 police officers on whose written statements the conviction was based,   Art. 10 (1) - conviction for making calls to participate in public events - protest against war in Ukraine on 27/02/2022, St Petersburg, Article 20.2 § 2 of CAO, fine of RUB 20,000, St   Peterburg City Court, 05/04/2022,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention of 7   days imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO   54968/22 28/10/2022 Mikhail Viktorovich KORENEVSKIY 1986     06/05/2022 07/05/2022 Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity, detention as an administrative suspect: the applicant remained in detention 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 - Final decision: Moscow City Court, 28/06/2022,   Art. 10 (1) - conviction for making calls to participate in public events - protest against war in Ukraine on 09/05/2022, Moscow, Article 20.3.3 § 1 of CAO, fine of RUB   50,000, Moscow City Court, 28/06/2022   10033/23* 13/02/2023 Ilya Yevgenyevich VORONTSOV 1991     10.30 a.m. on 11/09/2022 6 p.m. on 11/09/2022 Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish the suspect’s identity 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, 13/10/2022,   Art. 10 (1) - various restrictions on the right to freedom of expression - anti-war drawings on the ballot paper during elections of 11/09/2022, Moscow, Article   20.3.3 § 1 of the CAO, Nagatinskiy District Court, 11/09/2022, fine of RUB   50,000, Moscow City Court, 13/10/2022  Citations
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Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;COMMUNICATEDCASES;ENG
- Date
- 2 novembre 2023
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:001-229286
Données disponibles
- Texte intégral
- Résumé officiel