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 } .s3CAAE78A { height:19.4pt } .sBBF3F4F3 { height:104.45pt } Published on 8 January 2024   FIFTH SECTION Application no.   47709/21 Gavriil Igorevich BYUTNER against Russia and 10 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     47709/21 15/09/2021 Gavriil Igorevich BYUTNER 2000 Varvara Dmitriyevna Mikhaylova 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 16/03/2021 Art. 5 (1) - unlawful detention - arrest and detention from 2 p.m. on 31/01/2021 to 01/02/2021 until 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, 16/03/2021,   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     49514/21 24/09/2021 Igor Olegovich KONDRATYEV 1993 Varvara Dmitriyevna Mikhaylova 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 25/03/2021 Art. 5 (1) - unlawful detention - arrest and detention from 4.30   p.m. to 10 p.m. on 31/01/2021 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: St   Petersburg City Court, 25/03/2021,   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     49516/21 14/09/2021 Saveliy Vitalyevich LIPAYEV 1999 Varvara Dmitriyevna Mikhaylova 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 25/03/2021 Art. 5 (1) - unlawful detention - arrest and detention from 4.32   p.m. on 31/01/2021 to 10   a.m. on 01/02/2021 until 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, 25/03/2021,   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     55680/21* 05/11/2021 Anatoliy Olegovich ALEKSANDROV 1987 Ivan Yuryevich Zhdanov Vilnius Rally “Free Navalnyy”   St   Petersburg 31/01/2021 article 20.2.2 § 1 of CAO fine of RUB   10,000 St   Petersburg City Court 18/05/2021 Art. 5 (1) - unlawful detention - arrest and detention on 31/01/2021 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: St   Petersburg City Court, 18/05/2021,   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 two police officers on whose written statements the applicant’s conviction was based     56645/21 20/10/2021 Aleksandr Sergeyevich TIUNCHIK 1990 Aleksandra Nikolayevna Bayeva Moscow Rally “Free Navalnyy”   St   Petersburg   31/01/2021 article 20.2.2. § 1 of CAO fine of RUB   12,000 St   Petersburg City Court 20/04/2021 Art. 5 (1) - unlawful detention - arrest and detention from 1.25 p.m. on 31/01/2021 to 4.10 a.m. on 01/02/2021 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: St   Petersburg City Court, 20/04/2021     1421/22* 30/12/2021 Aleksandr Genrikhovich BESEDIN 2002 Ivan Yuryevich Zhdanov Vilnius Rally “Free Navalnyy”   St   Petersburg   23/01/2021 article 30.7 § 1.1 of CAO fine of RUB   4,000 Oktyabrsiy District Court of St   Petersburg 01/07/2021 Art. 5 (1) - unlawful detention - arrest and detention from 1.20 p.m. on 23/01/2021 to 1 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 tribunal - Final decision: Oktyabrskiy District Court of St   Petersburg, 01/07/2021,   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     1429/22* 30/12/2021 Viktor Aleksandrovich GLOTOV 1987 Ivan Yuryevich Zhdanov Vilnius Rally “Free Navalnyy”   Voronezh   31/01/2021 article 20.2 § 5 of CAO fine of RUB   13,000 Voronezh Regional Court 19/07/2021 Art. 5 (1) - unlawful detention - arrest and detention from 2.30 p.m. to 10.10 p.m. on 31/01/2021 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, 19/07/2021,   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 his conviction was based     4903/22* 10/01/2022 Yelena Anatolyevna GRIGORYEVA 1989 Ivan Yuryevich Zhdanov Vilnius Rally “Free Navalnyy”   St   Petersburg   31/01/2021 article 20.2.2 § 1 of CAO fine of RUB   15,000 St   Petersburg City Court 21/09/2021 Art. 5 (1) - unlawful detention - arrest and detention from 3.10 p.m. on 31/01/2021 to 9 a.m. on 01/02/2021 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: St   Petersburg City Court, 21/09/2021,   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     4972/22* 12/12/2021 Polina Alekseyevna OGURTSOVA 1995 Anna Yevgenyevna Bochilo Barnaul Rally “Free Navalnyy”   St   Petersburg   23/01/2021 article 8.6.1 § 2 CAO St   Petersburg fine of RUB   4,000 Oktyabrskiy District Court of St   Petersburg 25/06/2021 Art. 5 (1) - unlawful detention - arrest and detention from 1.50 a.m. to 7 p.m. on 23/01/2021 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: Oktyabrskiy District Court of St   Petersburg, 25/06/2021,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - Inability to cross-examine in the trial the police officer on whose written statements the applicant’s conviction was based   4980/22* 12/12/2021 Edgar Mikhaylovich MAKAROV 1994 Anna Yevgenyevna Bochilo Barnaul Rally “Free Navalnyy”   St   Petersburg   23/01/2021 article 8-6-1 § 2 CAO St   Petersburg fine of RUB   4,000 Oktyabrskiy District Court of St   Petersburg 25/06/2021 Art. 5 (1) - unlawful detention - arrest and detention from 2 p.m. to 7.30 p.m. on 23/01/2021 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: Oktyabrskiy District Court of St   Petersburg, 25/06/2021,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - Inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based   41996/22* 27/07/2022 Flyura Gabdrakhimovna TEMIRBULATOVA 1982 Natalya Andreyevna Baranova Moscow Anti-war protest   St   Petersburg   24/02/2022 article 20.2.2 § 1 of CAO fine of RUB   10,000 St   Petersburg City Court 29/03/2022 Art. 5 (1) - unlawful detention - arrest and detention from 5.15 p.m. on 24/02/2022 to 6.20 p.m. on 25/02/2022 until 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, 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