CEDH · CASELAW;COMMUNICATEDCASES;ENG — 30 novembre 2023

.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 } .s5FFF0A7E { margin-top:0pt; margin-bottom:0pt; font-size:8pt } Published on 8 January 2024   FIRST SECTION Application no.   35579/21 Yuliya Nikolayevna KINZHABAYEVA against Russia and 19 other applications (see list appended) PROCEDURAL INFORMATION Following a preliminary examination of the admissibility of the applications on 30 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 charges (code of administrative offences, CAO) Penalty Final domestic decision Court Name Date Other complaints under well-established case-law     35579/21 28/06/2021 Yuliya Nikolayevna KINZHABAYEVA 1997 Anna Yevgenyevna Bochilo Barnaul Rally “Free Navalnyy”   Chelyabinsk   31/01/2021 article 20.2 § 5 of CAO fine of RUB   10.000 Chelyabinsk Regional 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: Chelyabinsk Regional 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 open court the police officers on whose written statements her conviction was based.     37925/21* 16/07/2021 Andrey Gennadyevich SUKHANOV 1984   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Volgograd   23/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Volgograd Regional Court 13/05/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.30 p.m. to 11.30 p.m. on 23/01/2021     38631/21* 19/07/2021 Ilya Borisovich PAKHOMOV 1993 Vyacheslav Ilyich Gimadi Vilnius Rally “Free Navalnyy”   Moscow   17/01/2021 article 19.3 § 1 of CAO administrative detention of 10 days Moscow City Court 18/03/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”: - from 7.35 p.m. to 10.20 p.m. on 17/01/2021, while a record of administrative offence was drawn on 22/02/2021; - from 11.30 p.m. on 27/01/2021 to 9.30 a.m. on 28/01/2021,   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, 18/03/2021,   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 open court police officers on whose written statements the applicant’s conviction was based.     40544/21* 30/07/2021 Angelina Sergeyevna LEVINA 1992 Ivan Yuryevich Zhdanov Vilnius Rally “Free Navalnyy”   Tambov   31/01/2021 article 20.2 § 6.1 of CAO administrative detention of 15 days Tambov Regional 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 - final decision: Tambov Regional Court, 05/02/2021.     40585/21* 27/07/2021 Marina Petrovna LIMAR 1987 Darya Dmitriyevna Aksenova Kolomna Rally “Free Navalnyy”   Moscow, Komsomolskaya Square   31/01/2021 article 20.2 § 6.1 of CAO fine of RUB   15,000 Moscow City Court 24/03/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence 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 - final decision: Moscow City Court, 24/03/2021,   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 the police officers on whose written statements her conviction was based.     40677/21 25/07/2021 Galina Yevgenyevna MANENKOVA 1971 Varvara Dmitriyevna Mikhaylova St Petersburg Rally “Free Navalnyy”   Smolensk   23/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Smolensk Regional Court 10/03/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a court on 29/01/2021. After the applicant voluntary came to the police station, she was escorted to the first-instance hearing in her administrative-offence case,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: 10/03/2021, Smolensk Regional Court.     40941/21* 28/07/2021 Ulyana Dmitriyevna KOLUSENKO 1993 Dmitriy Valeryevich Sotnikov Moscow Rally “Free Navalnyy”   Moscow   02/02/2021 article 20.2 § 6.1 of CAO administrative detention of 10 days Moscow City Court 11/02/2021 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, 11/02/2021,   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 her conviction was based.     41461/21* 05/08/2021 Anastasiya Igorevna KRIVENKO 1999 Aleksandr Yevgenyevich Pomazuyev Vilnius Rally “Free Navalnyy”   Tambov   31/01/2021 article 20.2 § 6.1 of CAO administrative detention of 7   days Tambov Regional Court 17/02/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 1.30 p.m. on 31/01/2021 to 1.50 p.m. on 01/02/2021, hearing in the applicant’s administrative-offence case,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Tambov Regional Court, 17/02/2021,   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 her 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.     42216/21* 09/08/2021 Timur Shakhinovich BABAYEV 1996     Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 § 6.1 of CAO administrative detention of 10 days Moscow City 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 - final decision: Moscow City Court, 09/02/2021.   42291/21* 07/08/2021 Elina Aleksandrovna PULUDI 1963     Rally “Free Navalnyy"   Kazan   31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Supreme Court of the Tatarstan Republic 24/03/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 2.00 p.m. on 31/01/2021 to 01/02/2021, hearing in the applicant’s administrative-offence case; the applicant spent 7 hours in the police van.   43002/21* 23/08/2021 Yaroslav Igorevich TIKHONOV 1988 Ivan Yuryevich Zhdanov Vilnius Rally “Free Navalnyy"   Yaroslavl   23/01/2021   Rally “Free Navalnyyé   Yaroslavl   31/01/2021 article 20.2 § 5 of CAO           article 20.2 § 5 of CAO fine of RUB   10,000           fine of RUB   10,000 Yaroslavl Regional Court 14/05/2021         Yaroslavl Regional Court 11/05/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from on 2.00 p.m. to 6.00 p.m. on 31/01/2021   43449/21* 23/08/2021 Tatyana Yuryevna SHISHKINA 1966 Ivan Yuryevich Zhdanov Vilnius Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 § 6.1 of CAO fine RUB   10,000 Moscow City Court 02/04/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 12.30 a.m. on 31/01/2021 to 01/02/2021 in the morning,   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, 02/04/2021,   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 his conviction was based.   43462/21* 23/08/2021 Dmitriy Segeyevich BATALIN 1995 Ivan Yuryevich Zhdanov Vilnius Rally “Free Navalnyy”   Yaroslavl   23/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Yaroslavl Regional Court 15/04/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.30 p.m. to 10.30 p.m. on 23/01/2021.   43771/21* 23/08/2021 Roman Ramilevich NAZIROV 1995 Ivan Yuryevich Zhdanov Vilnius Rally “Free Navalnyy”   Tula   23/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Tula Regional Court 02/03/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 2.00 p.m. to 10.00 p.m. on 23/01/2021, hearing in the applicant’s administrative-offence case,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Tula Regional Court, 02/03/2021,   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 open court the police officers on whose written statements his conviction was based.   43773/21* 23/08/2021 Mikhail Aleksandrovich KREYNES 1987 Ivan Yuryevich Zhdanov Vilnius Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 16/04/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.00 p.m. on 31/01/2021 to 1.00 a.m. 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 - final decision: Moscow City Court, 16/04/2021,   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 his conviction was based.   43915/21* 23/08/2021 Rasul Ayratovich MULLATAGIROV 1994 Ivan Yuryevich Zhdanov Vilnius Rally “Free Navalnyy”   Ufa   31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Supreme Court of the Bashkortostan Republic 05/05/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 12.50 p.m. to 3.50 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 - final decision: Supreme Court of the Bashkortostan Republic, 05/05/2021,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - The applicant complained of the inability to cross-examine in open court the police officers on whose written statements his conviction was based.   48347/21* 25/07/2021 Aleksandr Aleksandrovich BYKOV 1990 Darya Dmitriyevna Aksenova Kolomna Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 § 6.1 of CAO administrative detention of 8   days Moscow City Court 13/05/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 1.20 p.m. on 31/01/2021 to 01/02/2021, hearing in the applicant’s administrative-offence case,   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, 13/05/20201,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in open court the police officers on whose written statements her conviction was based.   49717/21* 17/09/2021 Dmitriy Gennadyevich CHESNOKOV 1998 Vladislav Vladimirovich Kosnyrev Syktyvkar Rally “Free Navalnyy”   Syktyvkar   31/01/2021 article 20.2 § 5 of CAO fine of RUB   12,000 Supreme Court of the Komi Republic 17/03/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 1.40 p.m. to 7.40 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 - final decision: Supreme Court of the Komi Republic, 17/03/2021.     50261/21* 24/09/2021 Viktor Andreyevich SPERANSKIY 1991 Darya Dmitriyevna Aksenova Kolomna Rally “Free Navalnyy”   Moscow   23/01/2021 article 20.2 § 6.1 of CAO fine of RUB   15,000 Moscow City Court 26/04/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, 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 - 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 open court the police officers on whose written statements his conviction was based.     51223/21* 08/10/2021 Aleksandr Vladimirovich VELIKIY 1991 Ivan Yuryevich Zhdanov Vilnius Rally “Free Navalnyy”   Kazan   31/01/2021 article 20.2 § 6.1 of CAO fine of RUB   10,000 Supreme Court of the Tatarstan Republic 14/04/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.00 p.m. on 31/01/2021 to 01/02/2021, hearing in the applicant’s administrative-offence case.