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   FOURTH SECTION Application no.   31856/21 Sergey Aleksandrovich KUZNETSOV against Russia and 12 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     31856/21* 16/06/2021 Sergey Aleksandrovich KUZNETSOV 1985   Aleksandra Nikolayevna Bayeva Moscow Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 § 6.1 of CAO Detention   for 10 days Moscow City Court 08/02/2021 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,   Art. 6 (1) - unfair trial in administrative offence proceedings - various deficiencies of the administrative offence proceedings (no possibility to adduce evidence and question a defence witness),   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. 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 - escorting to and detention in the police station after compiling an offence report from 12.10 p.m. on 31/01/2021 until 3.00 p.m. on 01/02/2021     40306/21* 30/07/2021 Daniil Vladimirovich NIYAKIY 1996     Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   02/02/2021 article 20.2 § 6.1 of CAO detention   for 5 days Moscow City Court 04/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention in the police station before and after compiling an offence report from 11.30 p.m. on 02/02/2021 until 4.00 p.m. on 04/02/2021,   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 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       40325/21* 30/07/2021 Kamil Rashidovich SULTANOV 1990     Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 § 6.1 of CAO detention for 7 days Moscow City Court 08/04/2021 Art. 5 (1) - unlawful detention - escorting to and an overnight detention in the police station before and after compiling an offence report from 1.40 p.m. on 31/01/2021 until court hearing at 4.00 p.m. 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     40342/21* 30/07/2021 Anatoliy Andreyevich MALTSEV 1993     Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 § 6.1 of CAO detention for 9 days Moscow City Court 05/02/2021 Art. 5 (1) - unlawful detention - escorting to and detention in the police station from 3.30 p.m. on 31/01/2021 until 10.30 p.m. on 01/02/2021 for the sole purpose of compiling an offence report,   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     47029/21* 15/09/2021 Aleksey Valeryevich SHELEVOY 1976   Ivan Yuryevich Zhdanov Vilnius Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 § 6.1 of CAO detention for 10 days Moscow City Court 24/03/2021 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 police officers on whose written statements the conviction was based,   Art. 5 (1) - unlawful detention - arrest and escorting to the police station for compiling an offence report at 12.10 p.m. on 31/01/2021     57697/21* 07/11/2021 Khochiakbar Numonchonovich SHARIPOV 1998   Nikolay Sergeyevich Zboroshenko Mytishchi Rally in support of Izzat Amon   Moscow   02/04/2021 article 20.2 § 5 of CAO fine of   RUB 10,000 Moscow City Court 13/07/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 02/04/2021,   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 officers on whose written statements his conviction was based     2138/22* 15/12/2021 Viktoriya Aleksandrovna POPUGAYEVA 2001     Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   St   Petersburg   21/04/2021 article 20.2.2. § 1 of CAO detention for 2 days St   Petersburg City Court 17/06/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings     7318/22* 27/01/2022 Aleksandr Aleksandrovich TKACHEV 1976     Memorial Human Rights Centre Moscow Opposition rally   Barnaul   20/06/2020 article 20.2 § 5 of CAO fine of RUB 20,000 Altay Regional Court 11/08/2021 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 open court the police officers on whose written statements his conviction was based     8000/22* 29/01/2022 Sofya Yevgenyevna BUTSYKINA 2003   Konstantin Aleksandrovich Markin Velikiy Novgorod Rally “Free Navalnyy”   Velikiy Novgorod   21/04/2021 article 20.2 § 5 of CAO fine of RUB 5,000 Novgorod Regional Court 12/08/2021 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 her conviction was based,   Art. 5 (1) - unlawful detention - escorting to the police station at 8.20 p.m. on 21/04/2021; the offence report was compiled only on 23/04/2021   8027/22 26/01/2022 Maksim Sergeyevich AGAFONOV 1999   Viktor Valeryevich Kochenkov Izhevsk Rally “Free Navalnyy”   Izhevsk   21/04/2021 article 20.2 § 5 of CAO fine of 10,000 RUB Supreme Court of the Udmurtia Republic 26/07/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 8.00 p.m. until 11.40 p.m. on 21/04/2021,   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,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   17907/22* 25/03/2022 Dmitriy Vyacheslavovich VELICHKO 1996   Ivan Yuryevich Zhdanov Vilnius Rally “Free Navalnyy”   Voronezh   21/04/2021   article 20.2 § 5 of CAO fine of RUB 15,000 Voronezh Regional Court 02/12/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 7.35 p.m. until 11.50 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   37745/22 15/07/2022 Roman Mikhaylovich ASHCHENKO 1981   Natalya Andreyevna Baranova Moscow Anti-war protest   Moscow   13/03/2022 article 19.3 § 1 of CAO detention for 10 days Moscow City Court 18/03/2022 Art. 5 (1) - unlawful detention - arrest and escorting to the police station on 13/03/2022 for the sole purpose of drawing up a record of administrative offence; detention in excess of 3 hours till the court hearing on 14/03/2022,   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 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   49211/22* 24/09/2022 Sergey Vladimirovich KHOROSHEV 1996     Anti-war protest   St Petersburg   02/03/2022 article 20.2 § 5 of CAO fine of RUB 12,000 St Petersburg City Court 24/05/2022 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings