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 } .sBA32C63A { margin-top:12pt; margin-bottom:12pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } Published on 8 January 2024   SECOND SECTION Application no.   31860/21 Aleksandr Nikolayevich KULAGA against Russia and 9 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 / criminal offence Penalty Final domestic decision Court Name Date Other complaints under well-established case-law     31860/21* 16/06/2021 Aleksandr Nikolayevich KULAGA 1987 Aleksandra Nikolayevna Bayeva Moscow Rally “Free Navalnyy”   Bryansk   31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Bryansk Regional Court 22/03/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report, detention 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,   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.     40314/21* 30/07/2021 Aleksandr Pavlovich TARASYUK 1987   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 09/02/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report, detention 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,   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,   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.     40315/21 30/07/2021 Kseniya Mikhaylovna DYABINA 1986   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 12/04/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report, detention 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,     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.     40319/21* 30/07/2021 Pavel Vladimirovich KUZNETSOV 1971   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 02/04/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report, detention 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,     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,   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.     45853/21 28/08/2021 Yegor Vyacheslavovich BUTAKOV 1999 Aleksey Mikhaylovich Kychin Arkhangelsk Rally “Free Navalnyy”   Arkhangelsk   21/04/2021 article 20.2 § 8 of CAO detention for 15 days Arkhangelsk Regional Court 27/04/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 21/04/2021 for compiling an offence report and an overnight detention until court hearing 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,     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 officer on whose written statements his conviction was based.     46147/21 02/09/2021 Olga Aleksandrovna LOBOVA 2001 Ilya Valeryevich Tkachenko Gatchina Rally “Free Navalnyy”   St Petersburg   31/01/2021 article 20.2 § 6.1 of CAO detention for 6 days St   Petersburg City Court 02/03/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report, detention 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,     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 officer on whose written statements her conviction was based.     53244/21 30/09/2021 Vadim Vadimovich SHEREMETEV 1998 Yelena Anatolyevna Mamedova Samara Rally “Free Navalnyy”   Samara   23/01/2021 article 20.2 § 2 of CAO detention for 9 days Samara Regional Court 01/04/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 (seven days after the rally) for compiling an offence report and an overnight detention at the police station until the court hearing 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 open court the police officers on whose written statements his 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.     59648/21 01/12/2021 Roman Yevgenyevich GODOV 1974   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   23/01/2021 article 20.2 § 5 of CAO fine of 20,000 RUB Moscow City Court 09/06/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 for compiling an offence report; detention 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,   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,   Art. 6 (1) - unfair trial in administrative offence proceedings - denial of opportunity to adduce evidence (video recordings) on support of the applicant’s account of events.     2059/22 15/12/2021 Nikita Alekseyevich BELOV 1999   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Nizhniy Novgorod   31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Nizhniy Novgorod Regional Court 22/07/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report, detention 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,   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.   2148/22 15/12/2021 Viktoriya Vladimirovna KOLESNIKOVA 1997   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 21/06/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 2/02/2021 for compiling an offence report, detention 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.