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 } Published on 8 January 2024   SECOND SECTION Application no.   45970/21 Vladislav Sergeyevich POLISHCHUK against Russia and 17 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 offence (code of administrative offences, CAO) Penalty Final domestic decision Court Name Date Other complaints under well-established case-law     45970/21* 24/08/2021 Vladislav Sergeyevich POLISHCHUK 2002 Nikolay Sergeyevich Zboroshenko Mytishchi Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 30/03/2021 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, 30/03/2021,   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 the applicant’s conviction was based.     45975/21* 24/08/2021 Yefim Dmitriyevich STULOV 2001 Nikolay Sergeyevich Zboroshenko Mytishchi Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 30/03/2021 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, 30/03/2021,   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 the applicant’s conviction was based.     45979/21* 24/08/2021 Natalya Alekseyevna SHEVCHENKO 1996 Nikolay Sergeyevich Zboroshenko Mytishchi Rally “Free Navalnyy”   Moscow   02/02/2021 article 20.2 § 6.1 of CAO administrative detention of 8 days Moscow City Court 08/04/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence on 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 - final decision: Moscow City Court, 08/04/2021,   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.     45984/21* 24/08/2021 Konstantin Valeryevich PLATOV 1975 Nikolay Sergeyevich Zboroshenko Mytishchi Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 § 6.1 of CAO administrative detention of 12 days 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 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, 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 the trial the police officers on whose written statements the applicant’s conviction was based.     46159/21* 26/08/2021 Vyacheslav Vladimirovich NIZOVTSEV 1989 Andrey Yevgenyevich Shchukin Nizhniy Tagil Rally “Free Navalnyy”   Yekaterinburg   23/01/2021 article 20.2 § 5 of CAO fine of RUB 20,000 Sverdlovsk Regional Court 04/08/2021       46170/21 04/09/2021 Oleg Viktorovich PSHENICHNYY 1964 Alena Alekseyevna Savelyeva Moscow Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 § 6.1 of CAO administrative detention of 10 days Moscow City Court 04/03/2021 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 01.30 p.m. on 31/01/2021 to 02.00 p.m. on 01/02/2021, hearing in the applicant’s administrative-offence case; the applicant spent 3 hours in the police van,   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, 04/03/2021,   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 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.     46179/21* 26/08/2021 Maksim Stanislavovich LYSIKOV 1989 Nikolay Sergeyevich Zboroshenko Mytishchi Rally “Free Navalnyy”   Moscow   23/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 30/03/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, on 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, 30/03/2021,   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 the applicant’s conviction was based.     46185/21* 26/08/2021 Vladislav Mikhaylovich VARGA 1994 Nikolay Sergeyevich Zboroshenko Mytishchi Rally “Free Navalnyy”   Moscow   02/02/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 30/03/2021 Art. 5 (1) – unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, on 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 - final decision: Moscow City Court, 30/03/2021,   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 the applicant’s conviction was based.     59547/21 19/11/2021 Yegor Aleksandrovich VNUKOV 2000   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Krasnoyarsk   31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Krasnoyarsk Regional Court 20/05/2021 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 01.20 p.m. to 08.00 p.m. on 31/01/2021, while the said record was drawn up only on 12/02/2021; the applicant spent 2 hours in the police van,   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, 20/05/2021,   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.   389/22 03/12/2021 Aleksandr Dmitriyevich ROGOZHKIN 2000 Konstantin Borisovich Kartashov Penza Rally “Free Navalnyy”   Penza   23/01/2021 article 20.2 § 6.1 of CAO 30 hours of community works Penza Regional Court 03/06/2021 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 9.50 a.m. to 8.40 p.m. 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 - final decision: Penza Regional Court, 03/06/2021.   506/22 09/12/2021 Dmitriy Igorevich ZHUROV 1991     Rally “Free Navalnyy”   Magadan   21/04/2021 article 20.2 § 6.1 of CAO 40 hours of community works Magadan Regional Court 11/06/2021 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 7.30 p.m. on 21/04/2021 to 8.00 p.m. on 22/04/2021, 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: Magadan Regional Court, 11/06/2021,   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, as well as defence witnesses.   3043/22* 21/12/2021 Dmitriy Alekseyevich ZAIGRALOV 1997 Yelena Yuryevna Pershakova 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 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 11.50 p.m. on 02/02/2021 to 8.00 p.m. on 03/02/2021, 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, 21/06/2021,   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.   3158/22 16/12/2021 Daniil Yevgenyevich SHURYGIN 1999 Konstantin Yuryevich Koshcheyev Petrozavodsk Rally “Free Navalnyy”   Petrozavodsk   23/01/2021 article 20.2 § 5 of CAO fine of RUB 5,000 Supreme Court of the Karelia Republic 17/06/2021 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: Supreme Court of the Karelia Republic, 17/06/2021,   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.   3345/22 14/12/2021 Aleksandr Igorevich BAZHUKOV 1994 Sergey Mikhaylovich Shimovolos Nizhniy Novgorod Rally “Free Navalnyy"   Nizhniy Novgorod   31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Nizhniy Novgorod Regional Court 24/06/2021 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 11.00 p.m. on 31/01/2021; the applicant spent more than 4 hours in the police van,   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, 24/06/2021,   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.     3361/22* 17/12/2021 Roman Agitovich USOYAN 1999     Rally “Free Navalnyy”   St Petersburg   31/01/2021 article 20.2 §   6.1 of CAO fine of RUB 20,000 St Petersburg City Court, 11/05/2021, the applicant was absent and not represented on appeal, he received a copy of the decision on 17/06/2021     6208/22 13/01/2022 Oksana Petrovna ORESHNIKOVA 1996 Vladimir Valeryevich Vasin Krasnoyarsk Rally “Free Navalnyy”   Krasnoyarsk   21/04/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Krasnoyarsk Regional Court 15/07/2021 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 10.40 p.m. on 21/04/2021 to 2.00 a.m. on 22/01/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Krasnoyarsk Regional Court, 15/07/2021.   9260/22* 20/12/2021 Aleksey Sergeyevich KOROLEV 1982 Vladimir Anatolyevich Moiseyenko Kaliningrad Rally “Free Navalnyy”   Kaliningrad   21/04/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Kaliningrad Regional Court 21/09/2021     13223/22* 18/02/2022 Igor Nikolayevich ADYASOV 1970 Olimpiada Valentinovna Usanova Nizhniy Novgorod Rally “Free Navalnyy"   Nizhniy Novgorod   31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Nizhniy Novgorod Regional Court 18/08/2021 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; the applicant spent 3h40 in the police van,   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, 18/08/2021,   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.