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   FOURTH SECTION Application no.   43224/17 Sergey Viktorovich ZAVOROTNYKH against Russia and 24 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 6 § 1 of the Convention relating to lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings which are the subject of well-established case law of the Court (see Karelin v.   Russia, no. 926/08, 20 September 2016).   APPENDIX – STATEMENT OF FACTS List of applications raising complaints under Article 6 § 1 of the Convention (lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings) No. Application no. Date of introduction Applicant’s name Year of birth   Representative’s name and location Penalty Date of final domestic decision Name of court Other complaints under well-established case-law     43224/17* 03/06/2017 Sergey Viktorovich ZAVOROTNYKH 1985   Nikolay Sergeyevich Zboroshenko Mytishchi 5 days of detention 06/12/2016 Moscow City Court Art. 6 (1) - and Art. 6 - unfair trial in view of restrictions on the right to examine witnesses - right to examine police officers whose pre-trial statements were used for convicting the applicant.     70396/17* 07/09/2017 Denis Vladimirovich LARTSEV 1989   Konstantin Ilyich Terekhov Moscow 1 day of detention 13/04/2017 Rostov Regional Court Art. 5 (1) - unlawful detention - on 26 ‑ 27/03/2017 detention in a police station after compiling an offence report,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - in particular, the right to examine police officers whose pre-trial statements or reports were used for convicting the applicant.     75215/17* 19/10/2017 Sergey Igorevich GORKAYEV 1990   Konstantin Ilyich Terekhov Moscow 7 days of detention 26/04/2017 Moscow City Court Prot. 7 Art. 2 – delayed examination of the conviction by a higher court - immediate execution of the sentence of detention; an appeal against conviction had no suspensive effect.     79982/17* 14/11/2017 Aleksey Valeryevich VLASOV 1977   Dmitriy Valeryevich Sotnikov Balashikha 40 hours of community work 15/05/2017 Tula Regional Court Art. 5 (1) - unlawful detention - on 26/03/2017 escorting to a police station for compiling an offence report,   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - the applicant was arrested and sentenced to community work under Art. 20.2 §   6.1 of CAO for participation in an anticorruption rally on 26/03/2017 in Tula.     5267/18* 16/12/2017 Kirill Georgiyevich VOLSKIY 1991   Valentin Valentinovich Pyshkin St Petersburg 10 days of detention     fine of RUB 10,000 20/06/2017 St   Petersburg City Court   04/07/2017 St   Petersburg City Court Art. 5 (1) - unlawful detention - on 12 ‑ 13/06/2017 escorting to and detention in a police station for and after compiling offence reports,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - in particular, the right to examine police officers whose pre-trial statements or reports were used for convicting the applicant in both cases,   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - overlap of the substantially the same facts underlying prosecution in the above cases.     7362/18* 09/01/2018 Denis Gennadyevich GONCHAROV 1975   Aleksandr Dmitriyevich Peredruk St Petersburg 5 days of detention     fine of RUB 15,000 11/07/2017 St   Petersburg City Court   11/07/2017 St   Petersburg City Court   Art. 5 (1) - unlawful detention - on 12 ‑ 14/06/2017 escorting to and detention in a police station for and after compiling offence reports,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - in particular, the right to examine police officers whose pre-trial statements ore reports were used for convicting the applicant in both cases,   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - overlap of the substantially the same facts underlying prosecution in the above cases.     7963/18* 18/01/2018 Sergey Valeryevich OSMOLOVSKIY 1988   Valentin Valentinovich Pyshkin St Petersburg fine of RUB   5,000     fine of RUB 15,000 20/07/2017 St   Petersburg City Court   08/07/2021 St   Petersburg City Court Art. 5 (1) - unlawful detention - on 12 ‑ 14/06/2017 and 31/01/2021-01/02/2021 escorting to and detention in a police station and after compiling offence reports,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - in particular, the right to examine police officers whose pre-trial statements were used for convicting the applicant in both cases,   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - the applicant was arrested and sentenced to a fine of RUB 15,000 for participation in a rally to support A. Navalnyy on 31/01/2021 (Art. 20.2.2 § 1 of CAO, final decision on 08/07/2021, St   Petersburg City Court).     8455/18* 18/01/2018 Yana Aleksandrovna BABENKO 1993   Valentin Valentinovich Pyshkin St Petersburg fine of RUB 10,000       20/07/2017 St Petersburg City Court     Art. 5 (1) - unlawful detention - on 12 ‑ 13/06/2017 escorting to and detention in a police station for and after compiling offence reports,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - in particular, the right to examine police officers whose pre-trial statements or reports were used for convicting the applicant,   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - overlap of the substantially the same facts underlying prosecution in the above case and another case with a fine of RUB 1,000 (final decision on 20/07/2017 by St Petersburg City Court).     13493/18* 20/02/2018 Aleksey Valeryevich CHERNIKOV 1988   Aleksandr Dmitriyevich Peredruk St Petersburg fine of RUB 10,000 22/08/2017 St Petersburg City Court Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - in particular, the right to examine police officers whose pre-trial statements were used for sentencing the applicant to a fine of RUB 10,000 under Art. 20.2 of CAO,   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - overlap of the substantially the same facts underlying prosecution in the above case and another case under Art. 19.3 of CAO (fine of RUB 500, final decision on 03/08/2017 by St Petersburg City Court).   18418/18 02/04/2018 Konstantin Borisovich ZYKOV 1990   Tatyana Yevgenyevna ZYKOVA 1995   Aleksandr Vasilyevich Popkov Sochi 10 days of detention (first applicant)   3   days of detention (first applicant)   fine of RUB 1,000 (second applicant) 12/10/2017 Krasnodar Regional Court   13/04/2018 Krasnodar Regional Court   07/05/2018 Krasnodar Regional Court Art. 5 (1) - unlawful detention - on 17/03/2018 both applicants’ escorting to a police station for compiling offence reports,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - in particular, the right to examine police officers whose pre-trial statements ore reports were used for convicting the applicants - in three sets of the proceedings,   Art. 8 (1) - unlawful search - the applicants complain about a search on 17/03/2018, without a court decision, in the flat where they resided; the search was post factum validated by the courts (final decision on 03/05/2018 by the Krasnodar Regional Court),   Art. 10 (1) - conviction for making calls to participate in public events - the first applicant was sentenced to 10-day detention for organising a rally to support A. Navalnyy on 07/10/2017 (Art. 20.2 § 2 of CAO; final decision on 12/10/2017 by the Krasnodar Regional Court),   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies – as above,   Prot. 7 Art. 2 – delayed review of the conviction by a higher court - immediate execution of the first applicant’s sentences of detention in 2017 and 2018, an appeal against conviction had no suspensive effect.   21764/18* 25/04/2018 Aleksey Valeryevich BOCHENKOV 1998   Irina Vadimovna Sergeyeva Moscow 15 days of detention 10/11/2017 Moscow City Court Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - in particular, the right to examine police officer whose pre-trial statements or reports were used for convicting the applicant.   25889/18* 25/05/2018 Aleksandra Vladimirovna SEMENOVA 1979   Yelena Yuryevna Pershakova Moscow fine of RUB 20,000 12/03/2018 Perm Regional Court   Art. 10 (1) - conviction for making calls to participate in public events:   (i) a meeting with A. Navalnyy on 24/11/2017 (Art. 20.2 § 2, fine of RUB   20,000, final decision on 12/03/2018 by the Perm Regional Court),   (ii) the applicant was sentenced to a fine of RUB 20,000 for calls to take part in a rally on 07/10/2017 to support A.   Navalnyy’s presidential campaign (Art. 20.2 §   2 of CAO, final decision on 30/11/2017 by the Perm Regional Court);   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - as above.   26576/18* 17/05/2018 Nikolay Nikolayevich VITKEVICH 1965       3 days of detention 08/12/2017 Bryansk Regional Court Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - in particular, the right to examine a defence witness,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - immediate execution of the sentence of detention; an appeal against conviction had no suspensive effect.   26751/18* 08/05/2018 Yan Igorevich PAVLOVSKIY 1998   Valentin Valentinovich Pyshkin St Petersburg fine of RUB 15,000     7   days of detention 09/11/2017 St Petersburg City Court   09/11/2017 St Petersburg City Court Art. 5 (1) - unlawful detention - on 08 ‑ 09/10/2017 escorting to and detention in a police station for and after compiling offence reports,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - in particular, the right to examine police officers whose pre-trial statements or reports were used for convicting the applicant in both cases,   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - overlap of the substantially the same facts underlying prosecution in the above cases under Art. 20.2 and Art. 19.3 of CAO.   40130/18* 08/08/2018 Anna Nikolayevna PETKOGLO 1985   Ivan Yuryevich Zhdanov Vilnius fine of RUB 20,000 08/02/2018 Nizhniy Novgorod Regional Court Art. 10 (1) - conviction for making calls to participate in public events - the applicant was sentenced to a fine of RUB 20,000 for making comments during an online interview to Navalnyy. Live on a protest rally on 29/09/2017 (Art. 20.2 § 1 of CAO, final decision on 08/02/2018 by Nizhniy Novgorod Regional Court),   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - as above.   41271/18* 30/07/2018 Natalya Anatolyevna VAVILOVA 1976   Yelena Yuryevna Pershakova Moscow fine of RUB 20,000 02/02/2018 Perm Regional Court Art. 5 (1) - unlawful detention - on 08/10/2017 escorting to a police station for compiling an offence report in relation to the rally on 07/10/2017,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - right to examine police officers whose pre-trial statements or reports were used for convicting the applicant,   Art. 10 (1) - conviction for making calls to participate in public events - the applicant was arrested and sentenced to a fine of RUB 20,000 in relation to the protest rally on 07/10/2017 (Art.   20.2 § 5 CAO, final decision on 02/02/2018 by Perm Regional Court).   44535/18* 06/09/2018 Valeriy Yuryevich NADEZHDIN 1968       7 days of detention     fine of RUB 20,000 22/03/2018 Moscow City Court   08/08/2018 Moscow City Court Art. 5 (1) - unlawful detention - on 12/03/2018 escorting to and detention in a police station for compiling an offence report,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - in particular, the right to examine police officers whose pre-trial statements or reports were used for convicting the applicant in both cases,   Art. 10 (1) - various restrictions on the right to freedom of expression - the applicant was arrested and sentenced to detention for allegedly having uttered rude phrases against the President of Russia and police officers during a protest rally on 12/03/2018 (Art. 20.1 § 2 of CAO, final decision on 22/03/2018 by the Moscow City Court),   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - see above as to the rally on 12/03/2018 and also as to his conviction under Art. 20.2 § 5 of CAO in relation to his participation in that rally (final decision on 08/08/2018 by Moscow City Court).   50659/18* 10/10/2018 Ilya Viktorovich FEDIN 1996   Ivan Yuryevich Zhdanov Vilnius fine of RUB 10,000 07/06/2018 St   Petersburg City Court Art. 5 (1) - unlawful detention - on 05/05/2018 escorting to a police station for compiling an offence report,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - in particular, the right to examine police officers whose pre-trial statements or reports were used for convicting the applicant.   52116/18* 31/10/2018 Boris Mikhaylovich ZOLOTAREVSKIY 1997   Andrey Gennadyevich Lepekhin Chelyabinsk 25 days of detention       9   days of detention     30 days of detention 09/05/2018 Chelyabinsk Regional Court   12/09/2018 Chelyabinsk Regional Court   13/08/2019 Moscow City Court Art. 5 (1) - unlawful detention:   (i) on 05/05/2018 and 08/09/2018 escorting to a police station for compiling an offence report; (ii) on 10 ‑ 12/08/2019 escorting to and detention in a police station for compiling an offence report,   Art. 10 (1) - conviction for making calls to participate in public events:   (i) as regards the opposition rally on 05/05/2018 in Chelyabinsk; the applicant was arrested and sentenced to 25-day detention (Art. 20.2 § 8 of CAO; final decision on 09/05/2018 by the Chelyabinsk Regional Court); (ii) as regards the rally against the pension reform on 09/09/2018 in Chelyabinsk; the applicant was arrested and sentenced to 9-day detention (Art. 20.2 § 2 of CAO; final decision on 12/09/2018 by the Chelyabinsk Regional Court); (iii) the applicant’s call to the participants of the approved rally on 10/08/2019 in Moscow to continue the protest with a "promenade" toward the Presidential Administration; he was arrested and sentenced to 30-day detention with reference to the lack of official approval for such promenade (Art. 20.2 § 8 of CAO, final decision on 13/08/2019 by the Moscow City Court),   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - see above,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - immediate execution of three sentences of detention; an appeal against conviction had no suspensive effect.   57314/18 13/11/2018 Aleksandr Andreyevich TROFIMOV 1999     Memorial Human Rights Centre Moscow fine of RUB 1,000 14/05/2018 Presnenskiy District Court of Moscow Art. 5 (1) - unlawful detention - on 22/02/2018 escorting to a police station for compiling an offence report,   Art. 10 (1) - various restrictions on the right to freedom of expression - on 22/02/2018 the applicant distributed political leaflets, was arrested and sentenced to a fine of RUB 1,000 (Art. 5.12 of CAO, final decision on 14/05/2018 by the Presnenskiy District Court of Moscow).   4441/19 08/01/2019 Ilgam Ilgizarovich SHAKIROV 1989       fine of RUB 2,000 09/07/2018 Sovetskiy District Court of Kazan Art. 5 (1) - unlawful detention - on 18/03/2018 escorting to a police station for compiling an offence report,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - right to examine police officers whose pre-trial statements or reports were used for convicting the applicant.   17257/19* 21/03/2019 Vladislav Valeriyevich KHODAKOVSKIY 1992       fine of   RUB 10,000 21/09/2018 Voronezh Regional Court Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - the applicant was sentenced to a fine of RUB   10,000 for his participation in an opposition rally on 05/05/2018.   20949/19 08/04/2019 Roman Alekseyevich PAVLOV 1998   Nikolay Sergeyevich Zboroshenko Mytishchi fine of RUB 1,000     fine of   RUB 10,000 24/10/2018 Moscow City Court   22/03/2019 Moscow City Court Art. 5 (1) - unlawful detention - on 05/05/2018 escorting to a police station for compiling an offence report,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - right to examine police officers whose pre-trial statements or reports were used for convicting the applicant in both cases,   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - an opposition rally on 05/05/2018; the applicant was arrested and sentenced to fines for participation in the rally (Arts. 19.3 and 20.2 of CAO, final decisions on 24/10/2018 and 22/03/2019 by Moscow City Court).   32059/19* 05/06/2019 Aleksandr Aleksandrovich GOLOVACH 1991       fine of RUB 20,000     4   days of detention 06/12/2018 Moscow City Court   24/03/2021 Moscow City Court Art. 5 (1) - unlawful detention – (i)   on 17 ‑ 18/10/2018 escorting to and detention in a police station for and after compiling an offence report in relation to a rally against the pension reform on 09/09/2018; (ii) on 31/01/2021 ‑ 02/02/2021 detention in a police station after compiling an offence report in relation to a rally to support A. Navalnyy on 31/01/2021,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - in particular, the right to examine police officers whose pre-trial statements or reports were used for convicting the applicant (final decision on 24/03/2021 by Moscow City Court),   Art. 10 (1) - conviction for making calls to participate in public events - the applicant was arrested and sentenced to a fine of RUB 20,000 as to the rally on 09/09/2018 (Art. 20.2 § 2 of CAO, final decision on 06/12/2018 by the Moscow City Court),   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - as above as to the rally on 09/09/2018; the applicant was also arrested and sentenced to 4-day detention in relation to the rally on 31/01/2021 (Art. 20.2 § 6.1 of CAO, final decision on 24/03/2021 by Moscow City Court).   47354/20* 02/10/2020 Irina Anatolyevna NIKIFOROVA 1985   Aleksandr Vasilyevich Popkov Sochi fine of RUB 10,000       fine of RUB 1,000       30   hours of community work 22/01/2020 Supreme Court of the Tatarstan Republic   19/02/2020 Supreme Court of the Tatarstan Republic   27/05/2020 Supreme Court of the Tatarstan Republic Art. 5 (1) - unlawful detention - on 16/12/2019 escorting to a police station for compiling an offence report,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - in particular, the right to examine police officers whose pre-trial statements or reports were used for convicting the applicant in two cases (Art. 20.2.2 of CAO, final decision on 22/01/2020 by the Supreme Court of the Tatarstan Republic; Art. 19.3 of CAO, final decision on 19/02/2020 by the Supreme Court of the Tatarstan Republic),   Art. 10 (1) - various restrictions on the right to freedom of expression: (i) the applicant was making a video recording during a rally against construction of waste incineration plant on 16/12/2019; she was arrested and sentenced to a fine of RUB 10,000 (Art. 20.2.2 of CAO, final decision on 22/01/2020 by the Supreme Court of the Tatarstan Republic); (ii) on 14/01/2020 while accompanying a friend in a police station the applicant refused to stop making a video of her acquaintance holding a banner shaming the police; the applicant was sentenced to a fine of RUB 1,000 (EUR 12) because all the activity inside police buildings and at its premises were protected by the State Secrets Act and thus the police officer’s order to stop the videorecording was lawful (Art. 19.3 of CAO, final decision on 19/02/2020 by the Supreme Court of the Tatarstan Republic); (iii) on 03-26/02/2020 the applicant organised a number of solo demonstrations against the above construction project; she provided information about them on her social-network page; the courts considered that those demonstrations by different people on different days had been conducted with the same purpose and thus were one "rally" requiring prior notification (Art. 20.2 § 2 of CAO, final decision on 27/05/2020 by the Supreme Court of the Tatarstan Republic),   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - as regards the conviction under Art. 20.2 § 2 of CAO (final decision on 27/05/2020 by Supreme Court of Tatarstan Republic).