CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 30 novembre 2023
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- ECLI:CEDH:001-229899
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- 30 novembre 2023
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- 30 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 } Published on 8 January 2024   FOURTH SECTION Application no.   45640/21 Aleksey Valeryevich SHKOLA against Russia and 20 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     45640/21 24/08/2021 Aleksey Valeryevich SHKOLA 1993   Aleksey Vladimirovich Bushmakov Yekaterinburg Rally “Free Navalnyy”   Yekaterinburg   23/01/2021 article 20.2 § 5 of CAO 30 hours of community work Sverdlovsk Regional Court 10/03/2021 Art. 5 (1) - unlawful detention - Arrest and detention 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 (Art.   27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no.   72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2   July 2019); the complaint was raised on appeal in the administrative proceedings,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings     45846/21* 17/08/2021 Nikolay Nikolayevich MIROSHNICHENKO 1977   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 16/04/2021 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 the trial the police officers on whose written statements the applicant’s conviction was based,   Art. 5 (1) - unlawful detention - Arrest and detention 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 (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no.   72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, §   35, 2   July 2019); the complaint was raised on appeal in the administrative proceedings     46188/21* 26/08/2021 Roman Sergeyevich MIRONOV 1996   Nikolay Sergeyevich Zboroshenko Mytishchi Rally “Free Navalnyy”   Moscow   02/02/2021 article 20.2 § 6.1 of CAO detention for 5 days Moscow City Court 11/05/2021 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 the police officers on whose written statements the applicant’s conviction was based,   Art. 5 (1) - unlawful detention - Arrest and detention on 02/02/2021 - 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 (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no.   72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos.   50271/06 and 8 other applications, §   35, 2   July 2019); the complaint was raised on appeal in the administrative proceedings     53926/21 23/10/2021 Yuliya Pavlovna LUKINA 1983   Sergey Aleksandrovich Loktev St Petersburg Rally “Free Navalnyy”   St Petersburg   31/01/2021 article 20.2.2. § 1 of CAO fine of RUB   15,000 St   Petersburg Court 03/06/2021 Art. 5 (1) - unlawful detention - Arrest and detention 31/01/2021 - 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 (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no.   72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, §   35, 2 July 2019); the complaint was raised on appeal in the administrative proceedings,   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 the police officers on whose written statements the applicant’s conviction was based     54127/21* 22/10/2021 Igor Sergeyevich BORISOV 1994   Leonid Alkhasovich Abgadzhava Moscow Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 § 6.1 of CAO fine of RUB   15,000 Moscow City Court 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     54182/21 20/10/2021 Stanislav Timofeyevich KANEV 1988   Yelena Vladimirovna Lipatova Moscow Opposition rally   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB   20,000 Moscow City Court 20/04/2021 Art. 5 (1) - unlawful detention - Arrest and detention on 31/01/2021 - 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 (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no.   72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, §   35, 2 July 2019); the complaint was raised on appeal in the administrative proceedings,   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 the police officers on whose written statements the applicant’s conviction was based       54203/21* 15/10/2021 Kirill Viktorovich PETROV 1992   Sergey Aleksandrovich Valiulin Vladivostok Rally “Free Navalnyy”   Vladivostok   23/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Primorye Regional Court 20/04/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings     56938/21* 15/11/2021 Petr Aleksandrovich SAVELYEV 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 17/06/2021 Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine the police officers on whose written statements the applicant’s conviction was based,     Art. 5 (1) - unlawful detention - Arrest and detention on 02/02/2021 - 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 (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no.   72051/17, § 34, 8 October 2019; Ryabinina and Others v.   Russia [Committee], nos. 50271/06 and 8 other applications, §   35, 2 July 2019); the complaint was examined by the appeal court     57241/21* 15/11/2021 Anatoliy Sergeyevich SAVELYEV 1985     Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   02/02/2021 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   57587/21 11/11/2021 Anna Vasilyevna TIKHONOVA 1989     Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   02/02/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 13/05/2022 Art. 5 (1) - unlawful detention - Arrest and detention from 12.40 p.m. till 7 p.m. on 02/02/2021 - 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 (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no.   72051/17, § 34, 8   October 2019; Ryabinina and Others v. Russia [Committee], nos.   50271/06 and 8   other applications, §   35, 2 July 2019); Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v.   Russia, nos. 54381/08 and 5 others, §§   121-22, 10 April 2018); the complaints were raised on appeal in the administrative proceedings,   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 the police officers on whose written statements the applicant’s conviction was based   57701/21* 26/10/2021 Anastasiya Aleksandrovna PRYAZHKINA 1995     Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Smolensk   21/04/2021 article 20.2 § 2 of CAO detention for 5 days Smolensk Regional Court 09/06/2021 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 a suspensive effect of an appeal under the CAO   60877/21 03/12/2021 Pavel Sergeyevich BURAK 1992   Maksim Ivanovich Kamakin St Petersburg Rally “Free Navalnyy”   St Petersburg   31/01/2021 article 20.2.2. § 1 of CAO fine of RUB   13,000 St Petersburg City Court 08/06/2021 Art. 5 (1) - unlawful detention - Arrest and detention from 12.03 p.m. on 31/01/2021 until 2.53 p.m. on 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 (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no.   72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, §   35, 2 July 2019); the complaint was raised on appeal in the administrative proceedings,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   61054/21* 21/11/2021 Varvara Vasilyevna VOLOVIK 2002   Aleksandra Nikolayevna Bayeva Moscow Rally “Free Navalnyy”   Moscow   02/02/2021 article 20.2 § 6.1 of CAO fine of RUB   15,000 Moscow City Court 21/05/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,     Art. 5 (1) - unlawful detention - Arrest and detention on 02/02/2021 - 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 (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no.   72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos.   50271/06 and 8 other applications, §   35,   2 July 2019); the complaint was raised on appeal in the administrative proceedings   3798/22* 23/12/2021 Aleksandr Georgiyevich BABINKOV 1955   Olimpiada Valentinovna Usanova Nizhniy Novgorod Rally “Free Navalnyy”   Nizhniy Novgorod   31/01/2021 article 20.2 § 5 of CAO fine of RUB   5,000 Nizhniy Novgorod Regional Court 23/06/2021 Art. 5 (1) - unlawful detention - Arrest and detention on 31/01/2021 - 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 (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no.   72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, §   35, 2 July 2019); the complaint was raised on appeal in the administrative 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 the police officers on whose written statements the applicant’s conviction was based     3799/22* 23/12/2021 Stanislav Aleksandrovich VLASOV 1974   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 23/06/2021 Art. 5 (1) - unlawful detention - Arrest and detention at the police station after compiling an offence report from 1 p.m. to 6.30 p.m. on 31/01/2021 - 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 (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no.   72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, §   35, 2 July 2019); Detention as an administrative suspect: beyond the three-hour statutory period (Art.   27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5   others, §§   121-22, 10 April 2018); the complaints were raised on appeal in the administrative proceedings,   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 the police officers on whose written statements the applicant’s conviction was based   45029/22* 31/08/2022 Kseniya Vladimirovna FINAYEVA 1992       Anti-war protest   St Petersburg   06/03/2022 article 20.2 § 6.1 of CAO 12 days’ administrative arrest St Petersburg City Court 12/05/2022 Art. 5 (1) - unlawful detention - Arrest and detention from 2.30 p.m. on 06/03/2022 to 07/03/2022 - 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 (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no.   72051/17, § 34, 8   October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8   other applications, §   35, 2 July 2019); Detention as an administrative suspect: the applicant remained in detention after the offence record had been compiled (see Korneyeva v. Russia, no. 72051/17, § 35, 8 October 2019); the complaints were raised on appeal in the administrative proceedings,   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 a 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 the police officers on whose written statements the applicant’s conviction was based     45192/22* 05/09/2022 Aleksandra Dmitriyevna BELOSHUMOVA        Anti-war protest   Moscow   06/03/2022 article 20.2 § 5 of CAO fine of RUB   20,000 Moscow City Court 19/05/2022 Art. 5 (1) - unlawful detention - Arrest and detention on 06/03/2022 - 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 (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no.   72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, §   35, 2 July 2019); raised on appeal in the administrative proceedings, 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 the police officers on whose written statements the applicant’s conviction was based   45449/22* 17/08/2022 Irina Vladimirovna VOLLE 1971   Yelena Vladimirovna Lipatova Moscow Anti-war protest   St Petersburg   06/03/2022 article 20.2 § 6.1 of CAO fine of RUB   15,000 St Petersburg City Court 21/04/2022 Art. 5 (1) - unlawful detention - Arrest and detention from 4.30 p.m. on 06/03/2022 till 1 p.m. on 07/03/2022 - 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 (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no.   72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, §   35, 2 July 2019); Detention as an administrative suspect: the applicant remained in detention after the offence record had been compiled (see Korneyeva v. Russia, no. 72051/17, § 35, 8 October 2019); the complaints were raised on appeal in the administrative proceedings,   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 the police officers on whose written statements the applicant’s conviction was based   46359/22* 15/09/2022 Mariya Pavlovna RUDAKOVA 1967       Anti-war protest   Moscow   13/03/2022 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 17/06/2022 Art. 5 (1) - unlawful detention - Arrest and detention from 3.25 p.m. till 11 p.m. on 13/03/2022 - 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 (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no.   72051/17, § 34, 8   October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8   other applications, §   35, 2 July 2019); Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5   others, §§ 121-22, 10 April 2018); the complaints were raised on appeal in the administrative proceedings,   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 the police officers on whose written statements the applicant’s conviction was based   46460/22* 12/09/2022 Konstantin Aleksandrovich SLIVNITSYN 2002   Nataliya Andreyevna Baranova Moscow Anti-war protest   Yekaterinburg   06/03/2022 article 20.2 § 5 of CAO 39 hours of community work Sverdlovsk Regional Court 15/06/2022 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 the police officers on whose written statements the applicant’s conviction was based   50097/22* 17/10/2022 Semen Arkadyevich NAKROKHIN 1996       Boris Nemtsov memorial march   Moscow   27/02/2022 article 20.2 § 5 of CAO fine of RUB   15,000 Moscow City Court 21/06/2022 Art. 5 (1) - unlawful detention - Arrest and detention on 17/02/2022 - 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 (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no.   72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, §   35, 2 July 2019); the complaint was raised on appeal in the administrative proceedings,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings  Citations
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Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;COMMUNICATEDCASES;ENG
- Date
- 30 novembre 2023
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:001-229899
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- Texte intégral
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