CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 30 novembre 2023
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- ECLI:CEDH:001-229909
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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 } .s3A357E38 { text-align:center; page-break-inside:avoid; page-break-after:avoid; font-family:Arial; font-size:8pt; list-style-position:inside } .s1DE04BC { margin-top:0pt; margin-bottom:0pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:8pt } .sADADF4A7 { font-family:Arial; text-decoration:underline } Published on 8 January 2024   FIFTH SECTION Application no.   42001/21 Regina Yakovlevna MALYKHINA against Russia and 36 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     42001/21* 05/08/2021 Regina Yakovlevna MALYKHINA 2000 Sergey Aleksandrovich Loktev St Petersburg Rally "Free Navalnyy"   St Petersburg 02/02/2021 article 20.2.2 § 1 of CAO fine of RUB 10,000 St   Petersburg City Court 09/03/2021 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 the police officers on whose written statements the applicant’s conviction was based.     42042/21* 14/08/2021 Diana Aleksandrovna CHURDALEVA 1996   Yelena Yuryevna Pershakova Moscow Rally " Free Navalnyy"   St Petersburg 31/01/2021 article 20.2.2 § 1 of CAO detention for 7 days St Petersburg City Court 11/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 4.45 p.m. on 31/01/2021 until 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 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.     42174/21 05/08/2021 Nikita Sergeyevich US 1998   Aleksandr Dmitriyevich Peredruk St Petersburg Rally "Free Navalnyy"   St Petersburg 31/01/2021 article 20.2.2 § 1 of CAO detention for 11 days St Petersburg City Court 11/02/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 4.30 p.m. on 31/01/2021 until 11.10 a.m. 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;   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.     42339/21* 08/08/2021 Viktoriya Viktorovna ZHUCHENKO 1994   Aleksey Sergeyevich Belozerov St Petersburg Rally "Free Navalnyy"   St Petersburg 31/01/2021 article 20.2.2 § 1 of CAO detention for 10 days St Petersburg City Court 09/02/2021 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.     42378/21* 18/08/2021 Mikhail Mikhaylovich PUSHKAREV 1991   Yelena Yuryevna Pershakova Moscow Rally "Free Navalnyy"   St Petersburg 31/01/2021 article 20.2.2 § 1 of CAO detention for 10 days St Petersburg City Court 11/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 4.45 p.m. on 31/01/2021 until 01/02/2021, when the applicant was taken to the court;   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) - unfair trial in administrative offence proceedings - various deficiencies of the administrative offence proceedings (insufficient time to prepare his defence; inability to cross-examine in the trial the police officers on whose written statements the 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.     42539/21* 10/08/2021 Sergey Viktorovich GALAYBO 1971   Vitaliy Viktorovich Cherkasov St Petersburg Rally "Free Navalnyy"   St Petersburg 31/01/2021 article 20.2.2 § 1 of CAO detention for 7 days St Petersburg City Court 11/03/2021 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) - unfair trial in administrative offence proceedings - various deficiencies of the administrative offence proceedings (lack of adequate time and facilities for the preparation of his defence, inability to cross-examine in the trial the police officers on whose written statements the conviction was based).     42985/21* 09/08/2021 Maksim Georgiyevich DUBINKIN 1983   Daniil Alekseyevich Polyakov Voronezh Rally "Free Navalnyy"   Voronezh 23/01/2021 article 20.2 § 5 of CAO 30 hours of community works Voronezh Regional Court 11/02/2021 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.     46212/21 02/09/2021 Vitaliy Konstantinovich FILATOV 1988   Aleksandr Dmitriyevich Peredruk St Petersburg Rally “Free Navalnyy”   St Petersburg 31/01/2021 article 20.2.2 § 1 of CAO detention for 5 days St Petersburg City Court 02/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1 p.m. until 9 p.m. 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;   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.     46232/21 01/09/2021 Olga Vasilyevna BAKHAREVA 1989   Aleksandr Dmitriyevich Peredruk St Petersburg Rally “Free Navalnyy”   St Petersburg 31/01/2021 article 20.2.2 § 1 of CAO detention for 10 days St Petersburg City Court 16/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 6.30 p.m. on 31/01/2021 until 4.45 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 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.   48653/21* 24/09/2021 Daniil Igorevich KORPUSOV 1997   Aleksandr Yevgenyevich Pomazuyev Vilnius Rally "Free Navalnyy"   Tver 23/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Tver Regional Court 31/03/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   51393/21* 30/09/2021 Aleksey Aleksandrovich GUSHCHIN 1993     Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   St Petersburg 31/01/2021 article 20.2.2 § 1 of CAO fine of RUB 15,000 St Petersburg City Court 08/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 5 p.m. on 31/01/2021 until 9 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 the trial the police officers on whose written statements the applicant’s conviction was based.   52741/21* 15/10/2021 Mikhail Viktorovich SHEVCHENKO 1984     Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   St Petersburg 21/04/2021 article 20.2.2 § 1 of CAO detention for 5 days St Petersburg City Court 29/06/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 8 p.m. on 21/04/2021 until 7.15 p.m. on 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;     Art. 6 (1) - unfair trial in administrative offence proceedings - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based; inability to adduce exonerating evidence (video recordings); 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.   53502/21* 13/10/2021 Georgiy Alekseyevich MEDVINSKIY 1987   Kseniya Andreyevna Mikhaylova St Petersburg Rally "Free Navalnyy"   St Petersburg 31/01/2021 article 20.2.2 § 1 of CAO fine of RUB 15,000 St Petersburg City Court 13/04/2021 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.   53801/21 26/10/2021 Ruslan Ildarovich GALIYEV 1998   Sergey Aleksandrovich Loktev St Petersburg Rally “Free Navalnyy”   St Petersburg 21/04/2021 article 20.2.2 § 1 of CAO fine of RUB 10,000 St Petersburg City Court 17/06/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 9.30 p.m. on 21/04/2021 until 22/04/2021, when the applicant was taken to the court;   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.   54429/21* 27/10/2021 Aleksandr Anatolyevich BASHKIROV 1984   Aleksandra Nikolayevna Bayeva Moscow Rally "Free Navalnyy"   St Petersburg 21/04/2021 article 20.2.2 § 1 of CAO fine of RUB 12,000 St Petersburg City Court 20/05/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 7.44 p.m. on 21/04/2021 until 9 p.m. on 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;   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.   55653/21* 22/10/2021 Rafael Radikovich ABDRAFIKOV 2002     MOO MEMORIAL Human Rights Centre St Petersburg Rally "Free Navalnyy"   St Petersburg 21/04/2021 article 20.2.2 § 1 of CAO detention for 5 days St Petersburg City Court 28/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 8.20 p.m. on 21/04/2021 until 22/04/2021, when the applicant was taken to the court;   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; inability to obtain the attendance and examination of defence witnesses;   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.   55984/21* 05/11/2021 Ruvim Olegovich VASILYEV 2002   Ivan Yuryevich Zhdanov Vilnius Rally “Free Navalnyy”   Omsk 31/01/2021 article 20.2 § 5 of CAO, article 20.6.1 § 1 of CAO fine of RUB 10,000 Omsk Regional Court 18/05/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 31/01/2021 and 10/02/2021;   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.   56493/21* 27/10/2021 Alisa Olegovna DELOVA 1994     MOO MEMORIAL Human Rights Centre St Petersburg Rally "Free Navalnyy"   St Petersburg 31/01/2021 article 20.2.2 § 1 of CAO fine of RUB 10,000 St Petersburg City Court 27/04/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   56815/21 22/10/2021 Vladislav Sergeyevich ZIMIREV 1996   Vitaliy Viktorovich Cherkasov St Petersburg Rally “Free Navalnyy”   St Petersburg 02/02/2021 article 20.2.2 § 1 of CAO detention for 10 days St Petersburg City Court 11/05/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 11 p.m. on 02/02/2021 until 6 p.m. on 03/02/2021;   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.   56842/21 22/10/2021 Georgiy Konstantinovich SIZYKH 1996   Vitaliy Viktorovich Cherkasov St Petersburg Rally “Free Navalnyy”   St Petersburg 02/02/2021 article 20.2.2 § 1 of CAO detention for 10 days St Petersburg City Court 11/05/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 11 p.m. on 02/02/2021 until 5 p.m. on 03/02/2021;   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.   56896/21* 10/11/2021 Anastasiya Igorevna BESKHMELNAYA 1993     Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   St Petersburg 31/01/2021 article 20.2.2 § 1 of CAO fine of RUB 10,000 St Petersburg City Court 24/06/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.58 p.m. until 10.00 p.m. 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;   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.   57144/21* 29/10/2021 Anton Vladimirovich VITSKIY 1990     Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   St Petersburg 21/04/2021 article 20.2.2 § 1 of CAO detention for 12 days St Petersburg City Court 29/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 9 p.m. on 21/04/2021 until 7.45 p.m. on 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;   Art. 6 (1) - unfair trial in administrative offence proceedings - various deficiencies of the administrative offence proceedings (absence in the trial, no possibility to adduce evidence or question defence witnesses);   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.   57711/21* 26/10/2021 Svetlana Gennadyevna BEZUGLOVA 1989     Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   St Petersburg 21/04/2021 article 20.2.2 § 1 of CAO detention for 12 days St Petersburg City Court 27/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 7.20 p.m. on 21/04/2021 until 2 a.m. on 22/04/2022;   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 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.   57861/21* 11/11/2021 Dmitriy Sergeyevich PAPORT 1985     Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   St Petersburg 31/01/2021 article 20.2.2 § 1 of CAO fine of RUB 10,000 St Petersburg City Court 13/05/2021 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 in the trial the police officers on whose written statements the applicant’s conviction was based.   58500/21* 26/11/2021 Stanislav Denisovich FILIMONOV 1998   Yelena Yuryevna Pershakova Moscow Rally "Free Navalnyy"   Voronezh 31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Voronezh Regional Court 28/05/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   58678/21* 13/11/2021 Irina Dmitriyevna MYAZINA 2000   Daniil Alekseyevich Polyakov Voronezh Rally "Free Navalnyy"   Voronezh 31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Voronezh Regional Court 13/05/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report 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;   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.   59389/21* 25/11/2021 Aleksandr Sergeyevich ZAKAMALDIN 1979     Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   St Petersburg 31/01/2021 article 20.2.2 § 1 of CAO fine of RUB 10,000 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   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; inability to obtain the attendance and examination of witnesses on his behalf.   59447/21* 25/11/2021 Yelena Yuryevna PLAKSINA 1970     Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   St Petersburg 31/01/2021 article 20.2.2 § 1 of CAO fine of RUB 10,000 St Petersburg City Court 10/06/2021 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; inability to obtain the attendance and examination of witnesses on her behalf.   59451/21* 25/11/2021 Rustam Kayratovich SULEYMENOV 1995     Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   St Petersburg 21/04/2021 article 20.2.2 § 1 of CAO fine of RUB 10,000 St Petersburg City Court 15/06/2021 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.   60808/21* 24/11/2021 Maksim Vladimirovich GOLOV 1988   Daniil Alekseyevich Polyakov Voronezh Rally "Free Navalnyy"   Voronezh 31/01/2021 article 20.2 § 5 of CAO fine of RUB 12,000 Voronezh Regional Court 25/05/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report 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.   61311/21* 01/12/2021 Ilya Vitalyevich BONDARENKO 2002   Ivan Yuryevich Zhdanov Vilnius Rally “Free Navalnyy”   Voronezh 31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Voronezh Regional Court 15/06/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3 p.m. until 10.10 p.m. 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.   3824/22* 22/12/2021 Sergey Aleksandrovich BULTYKOV 1984   Daniil Aleksandrovich Semenov St Petersburg Rally "Free Navalnyy”   St Petersburg 21/04/2021 article 20.2.2 § 1 of CAO detention for 10 days St Petersburg City Court 22/06/2021 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.   41052/22 11/08/2022 Viktor Viktorovich VOROBYEV 1989   Aleksandr Dmitriyevich Peredruk St Petersburg Anti-war protest   St Petersburg 06/03/2022 article 20.2.2 § 1 of CAO detention for 15 days St Petersburg City Court 12/04/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 5.15 p.m. on 06/03/2022 until 3.23 p.m. on 07/03/2022;     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 the trial the police officers on whose written statements the 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.   46913/22* 11/09/2022 Household Alena Sergeyevna PORTNOVA 1992     Vyacheslav Vladimirovich PORTNOV 1990       Anti-war protest   St Petersburg 27/02/2022 article 20.2.2 § 1 of CAO fine of RUB 18,000 (Portnova)     fine of RUB 20,000 (Portnov) St Petersburg City Court 07/06/2022 (Portnova) 07/06/2022   St Petersburg City Court 17/05/2022 (Portnov)     Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report (1) Portnov from 5.20 p.m. on 27/02/2022 until 4 a.m. on 28/02/2022, and (2) Portnova from 5.20 p.m. on 27/02/2022 until 3 a.m. on 28/02/2022;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings in respect of both applicants;   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 conviction was based - in respect of both applicants.   51384/22 01/10/2022 Yelena Viktorovna BASTRYKOVA 1999   Aleksey Vladimirovich Bushmakov Yekaterinburg Anti-war protest   Yekaterinburg 06/03/2022 article 20.2 § 5 of CAO 20 hours of community work Sverdlovsk Regional Court 03/08/2022 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 06/03/2022;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   52543/22 07/10/2022 Andrey YAKOVLEV 1980   Nataliya Andreyevna Baranova Moscow Anti-war protest   Yekaterinburg 06/03/2022 article 20.2 § 5 of CAO 29 hours of community work Sverdlovsk Regional Court 08/06/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.45 p.m. on 06/03/2022 until 12.20 a.m. on 07/03/2022;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   52959/22 18/10/2022 Ivan Grigoryevich NECHUNAYEV 1984   Nataliya Andreyevna Baranova Moscow Anti-war protest   Yekaterinburg 06/03/2022 article 20.2 § 5 of CAO 35 hours of community work Sverdlovsk Regional Court 22/06/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.05 p.m. until 10.35 p.m. on 06/03/2022;   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:001-229909
Données disponibles
- Texte intégral
- Résumé officiel