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 } .s203A756B { height:52.05pt } .sADC94CD6 { height:15pt } Published on 8 January 2024   FIFTH SECTION Application no.   4726/22 Irina Borisovna MAYOROVA and Vyacheslav Sergeyevich GALINOV against Russia and 18 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     4726/22 30/12/2021 Irina Borisovna MAYOROVA 1961   Vyacheslav Sergeyevich GALINOV 1982   Memorial Human Rights Centre Moscow Congress of municipal deputies   Novgorod   22/05/2021     article 20.6.1 § 1 of CAO (to each of the two applicants)           fine of RUB   3,000 (to each of the two applicants)       Novgorod Regional Court 02/07/2021 (Mayorova)   Novgorod Regional Court 01/07/2021 (Galinov) Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decisions: Novgorod Regional Court. 01/07/2021 and 02/07/2021,   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 (Mayorova, final decision: Novgorod Regional Court, 02/07/2021)     8016/22* 21/01/2022 Andrey Andreyevich CHERNOMYZYY 1996 Ruslan Yuryevich Bannikov Voronezh Rally “Free Navalnyy”   Voronezh   21/04/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Voronezh Regional Court 02/08/2021 Art. 5 (1) - unlawful detention - arrest and detention from 9.30 p.m. on 21/04/2021 to 2 a.m. on 22/04/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Voronezh Regional Court, 02/08/2021,   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 and to adduce evidence (video)     24618/22* 06/08/2021 Dmitriy Yuryevich ANDREYEV 1986   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Penza   23/01/2021 article 20.2 § 5 of CAO 20 hours of community work Penza Regional Court 01/04/2021 Art. 5 (1) - unlawful detention - arrest and detention from 3.20 p.m. to 8.30 p.m. on 23/01/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal     24629/22* 06/08/2021 Nikolay Nikolayevich GOLEV 1988   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Voronezh   23/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Voronezh Regional Court 25/03/2021 Art. 5 (1) - unlawful detention - arrest and detention from 3 p.m. on 23/01/2021 to 10.30 a.m. on 24/01/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Voronezh Regional Court, 25/03/2021     39538/22* 15/07/2022 Aleksandra Nikolayevna MASLOVA 1975 Natalya Andreyevna Baranova Moscow Anti-war protest   St Petersburg   06/03/2022 article 20.2.2 § 1 of CAO fine of RUB   12,000 St Petersburg City Court 29/03/2022 Art. 5 (1) - unlawful detention - arrest and detention from 3.40 p.m. to 9.15 p.m. on 06/03/2022 for the sole purpose of drawing up an administrative offence record, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: St Petersburg City Court, 29/03/2022,   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 and to adduce evidence     40075/22* 02/08/2022 Pavel Pavlovich MIKHAYLOV 1993 Olesya Anatolyevna Vasilchenko Minyar Anti-war protest   St Petersburg   06/03/2022 article 20.2.2 § 1 of CAO fine of RUB   10,000 St Petersburg City Court 05/04/2022 Art. 5 (1) - unlawful detention - arrest and detention from 3 p.m. on 06/03/2022 to 4.30 p.m. on 07/03/2022 until the court hearing for the sole purpose of drawing up an administrative offence record, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: St Petersburg City Court, 05/04/2022,   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     40891/22 11/08/2022 Tatyana Yevgenyevna KRASHENNIKOVA 1995 Mikhail Germanovich Shiolashvili St Petersburg Anti-war protest   St Petersburg   06/03/2022 article 20.2.2. § 1 of CAO fine of RUB   10,000 St Petersburg City Court 19/04/2022 Art. 5 (1) - unlawful detention - arrest and detention from 5 p.m. on 06/03/2022 to the evening of 07/03/2022 until the court hearing, for the sole purpose of drawing up an administrative offence record, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: St Petersburg City Court, 19/04/2022,   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     40898/22 11/08/2022 Andrey Sergeyevich AMELIN 1992 Mikhail Germanovich Shiolashvili St Petersburg Anti-war protest   St Petersburg   24/02/2022 article 20.2.2. § 1 of CAO fine of RUB   10,000 St Petersburg City Court 24/05/2022 Art. 5 (1) - unlawful detention - arrest and detention from 11.15 p.m. on 24/02/2022 to 25/02/2022 until the court hearing, for the sole purpose of drawing up an administrative offence record, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: St Petersburg City Court, 24/05/2022,   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     41288/22 11/08/2022 Tatyana Mikhaylovna YEREMEYEVA 1957 Mariya Sergeyevna Zyryanova St Petersburg Anti-war protest   St Petersburg   06/03/2022 article 20.2.2 § 1 of CAO detention for 5 days St Petersburg City Court 12/04/2022 Art. 5 (1) - unlawful detention - arrest and detention from 2 p.m. on 06/03/2022 to 9.11 a.m. on 07/03/2022 until the court hearing, for the sole purpose of drawing up an administrative offence record, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: St Petersburg City Court, 12/04/2022,   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   41305/22 12/08/2022 Georgiy Nikolayevich SHAND 2002 Mariya Sergeyevna Zyryanova St Petersburg Anti-war protest   St Petersburg   06/03/2022 article 20.2.2 § 1 of CAO detention for 3 days St Petersburg City Court 12/04/2022 Art. 5 (1) - unlawful detention - arrest and detention from 3.08 p.m. on 06/03/2022 to 10.11 a.m. on 07/03/2022 until the court hearing, for the sole purpose of drawing up an administrative offence record, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: St Petersburg City Court, 12/04/2022,   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   41759/22 10/08/2022 Salima Malikovna TALIPOVA 2003 Dmitriy Georgiyevich Gerasimov St Petersburg Anti-war protest   St Petersburg   27/02/2022 article 20.2.2 § 1 of CAO detention for 8 days St Petersburg City Court 14/04/2022 Art. 5 (1) - unlawful detention - arrest and detention from 27/02/2022 to 28/02/2022 until the court hearing, for the sole purpose of drawing up an administrative offence record, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: St Petersburg City Court, 14/04/2022,   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   41760/22* 07/08/2022 Emiliya Ramilevna NURDINOVA 1997 Natalya Andreyevna Baranova Moscow Anti-war protest   St Petersburg   27/02/2022 article 20.2.2 § 1 of CAO fine of RUB   10,000 St Petersburg City Court 07/04/2022 Art. 5 (1) - unlawful detention - arrest and detention from 6.50 p.m. on 27/02/2022 to 7.30 p.m. on 28/02/2022 for the sole purpose of drawing up an administrative offence record, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: St Petersburg City Court, 07/04/2022,   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   43421/22* 13/08/2022 Andrey Yuryevich DMITRIYEV 1993 Olesya Anatolyevna Vasilchenko Minyar Anti-war protest   St Petersburg   27/02/2022 article 20.2.2 § 1 of CAO detention for 3 days St Petersburg City Court 14/04/2022 Art. 5 (1) - unlawful detention - arrest and detention from 7.20 p.m. on 27/02/2022 to 3   p.m. on 28/02/2022 for the sole purpose of drawing up an administrative offence record, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: St Petersburg City Court, 14/04/2022,   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   43968/22* 18/08/2022 Nikita Sergeyevich AGAFONOV 1998 Olesya Anatolyevna Vasilchenko Minyar Anti-war protest   St Petersburg   06/03/2022 article 20.2.2 § 1 of CAO fine of RUB   15,000 St Petersburg City Court 19/04/2022 Art. 5 (1) - unlawful detention - arrest and detention from 3.08 p.m. on 06/03/2022 to 6.10 p.m. 07/03/2022 for the sole purpose of drawing up an administrative offence record, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: St Petersburg City Court, 19/04/2022,   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 and submit evidence   44521/22* 20/08/2022 Sergey Petrovich BURMISTROV 1990 Olesya Anatolyevna Vasilchenko Minyar Anti-war protest   St Petersburg   06/03/2022 article 20.2.2 § 1 of CAO fine of RUB   10,000 St Petersburg City Court 21/04/2022 Art. 5 (1) - unlawful detention - arrest and detention from 2.40 p.m. on 06/03/2022 to 11.30 a.m. on 07/03/2022 until the court hearing, for the sole purpose of drawing up an administrative offence record, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: St Petersburg City Court, 21/04/2022,   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   45080/22* 26/08/2022 Denis Dmitriyevich SOLOVYEV 1991 Olesya Anatolyevna Vasilchenko Minyar Anti-war protest   St Petersburg   06/03/2022 article 20.2.2 § 1 of CAO fine of RUB   10,000 St Petersburg City Court 26/04/2022 Art. 5 (1) - unlawful detention - arrest and detention from 3.30 p.m. on 06/03/2022 to 12.15 p.m. on 07/03/2022 until the court hearing, for the sole purpose of drawing up an administrative offence record, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: St Petersburg City Court, 26/04/2022,   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   47925/22 12/09/2022 Daneliya Aleksandrovna MANDRESKO 2003 Dmitriy Georgiyevich Gerasimov St Petersburg Anti-war protest   St Petersburg   01/03/2022 article 20.2.2 § 1 of CAO fine of RUB   10,000 St Petersburg City Court 16/06/2022 Art. 5 (1) - unlawful detention - arrest and detention from 01/03/2022 to 02/03/2022 until the court hearing for the sole purpose of drawing up an administrative offence record, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: St Petersburg City Court, 16/06/2022,   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   47934/22 12/09/2022 Ivan Alekseyevich KUZIN 1997 Dmitriy Georgiyevich Gerasimov St Petersburg Anti-war protest   St Petersburg   06/03/2022 article 20.2.2 § 1 of CAO fine of RUB   15,000 St Petersburg City Court 28/06/2022 Art. 5 (1) - unlawful detention - arrest and detention from 3.30 p.m. on 06/03/2022 to 2.30 a.m. on 07/03/2022 for the sole purpose of drawing up an administrative offence record, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: St Petersburg City Court, 28/06/2022,   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   27213/23* 02/08/2022 Yelena Vasilyevna TRIFONOVA 1983 Olesya Anatolyevna Vasilchenko Minyar Anti-war protest   St Petersburg   26/02/2022 article 20.2.2 § 1 of CAO fine of RUB   10,000 St Petersburg City Court 07/04/2022 Art. 5 (1) - unlawful detention - arrest and detention from 8.30 p.m. on 26/02/2022 to 4 p.m. on 28/02/2022 until the court hearing, for the sole purpose of drawing up an administrative offence record, raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: St Petersburg City Court, 07/04/2022,   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