CEDH · CASELAW;COMMUNICATEDCASES;ENG — 11 janvier 2024

.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 } .s7B4364EC { height:78.9pt } .sDC9A3D28 { margin-top:0pt; margin-bottom:0pt; text-align:center; page-break-after:avoid; font-size:8pt } .s166AB0A7 { height:14.25pt } .s2B9563A6 { height:7.85pt } .sDF50AF3C { margin-top:12pt; margin-bottom:12pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-size:1pt } Published on 5 February 2024   FOURTH SECTION Application no.   6342/22 Chingizkhan Azizbayevich RAKHMATULLAYEV against Russia and 15 other applications (see list appended) PROCEDURAL INFORMATION Following a preliminary examination of the admissibility of the applications on 11 January 2024, 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     6342/22 24/12/2021 Chingizkhan Azizbayevich RAKHMATULLAYEV 1996     Memorial Human Rights Centre Moscow Rally in support of A.   Navalnyy   St Petersburg   21/04/2021 article 20.2.2 §   1 of CAO administrative detention of 1   day St Petersburg City Court 24/06/2021 Art. 5 (1) - unlawful detention - arrest, escorting to and detention at the police station between 21/04/2021 and 23/04/2021 after 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 - impossibility to cross-examine in the trial the police officers on whose written statements his conviction was based     13988/22* 17/02/2022 Anastasiya Vasilyevna KAZANOVA 1997   Sergey Viktorovich Podolskiy St Petersburg Rally in support of A.   Navalnyy   St Petersburg   21/04/2021 article 20.2.2. §   1 of CAO administrative detention of 4   days St Peterburg City Court 24/08/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station between 21/04/2021 and 22/04/2021 as administrative suspect, pending trial and after 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 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     28654/22* 27/05/2022 Yakov Andreyevich VARNAYEV   2001   Olga Vladimirovna Sirinova St Petersburg Anti-war rally   St Petersburg   02/03/2022 article 20.2.2. §   1 of CAO fine of RUB   10,000 St Petersburg City Court 07/04/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station between 02/03/2022 and 03/03/2022 as administrative suspect, pending trial and after the offence record had been compiled,   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       28667/22* 27/05/2022 Dmitriy Vladimirovich GAVRIKOV 1999   Olga Vladimirovna Sirinova St Petersburg Anti-war rally   St Petersburg   02/03/2022 article 20.2.2. §   1 of CAO fine of RUB   10,000 St Petersburg City Court 07/04/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station record between 02/03/2022 and 03/03/2022 as administrative suspect, pending trial and after the offence record had been compiled,   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     41730/22 11/08/2022 Darya Igorevna DRESVYANSKAYA 1989   Mariya Sergeyevna Zyryanova St Petersburg Anti-war rally   St Petersburg   06/03/2022 article 20.2.2 §   1 of CAO fine of RUB   10,000 St Petersburg City Court 12/04/2022 Art. 5 (1) - unlawful detention - arrest, escorting to the police station and detention between 06/03/2022 and 07/03/2022 as administrative suspect, pending trial and after the offence record had been compiled,   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     41822/22 11/08/2022 Alina Aleksandrovna GREBINA 2000   Mariya Sergeyevna Zyryanova St Petersburg Anti-war rally   St Petersburg   06/03/2022 article 20.2.2 §   1 of CAO fine of RUB   15,000 St Petersburg City Court 12/04/2022 Art. 5 (1) - unlawful detention - arrest, escorting to the police station and detention between 06/03/2022 and 07/03/2022 as administrative suspect, pending trial and after the offence record had been compiled,   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     43627/22* 19/08/2022 Aleksandr Sergeyevich LENKEVICH 1989       Anti-war rally   St Petersburg   06/03/2022 article 20.2.2 §   1 of CAO fine of RUB   20,000 St Petersburg City Court 21/04/2022 Art. 5 (1) - unlawful detention - arrest, escorting to the police station and detention between 06/03/2022 and 07/03/2022 as administrative suspect, pending trial and after the offence record had been compiled,   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 police officers on whose written statements the conviction was based     43960/22 18/08/2022 Ilya Sergeyevich KOLMAKOV 1982   Mariya Sergeyevna Zyryanova St Petersburg Anti-war rally   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, escorting to a police station, detention between 06/03/2022 and 07/03/2022 as administrative suspect, pending trial and after the offence record had been compiled,   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 police officers on whose written statements the conviction was based     44437/22 19/08/2022 Anna Kirillovna SMAZNOVA 1998   Nikifor Yuryevich Ivanov St Petersburg Anti-war rally   St Petersburg   24/02/2022 article 20.2.2 §   1 of CAO fine of RUB   5,000 St Petersburg City Court 19/04/2022 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 24/02/2022 for the sole purpose of drawing up a record of administrative offence,   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 police officers on whose written statements the conviction was based   44590/22 18/08/2022 Artem Anatolyevich ANDREYEV 1989   Nikifor Yuryevich Ivanov St Petersburg Anti-war protest   St Petersburg   24/02/2022 article 20.2.2 §   1 of CAO fine of RUB   5,000 St Petersburg City Court 19/04/2022 Art. 5 (1) - unlawful detention - arrest, escorting to and detention at the police station on 24/02/2022 for the sole purpose of drawing up 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 - the applicant complained about inability to cross-examine in the trial police officers on whose written statements his conviction was based   45804/22* 25/08/2022 Tatyana Sergeyevna ROSTALNAYA 1993       Anti-war rally   St Petersburg   27/02/2022 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, escorting to and detention at the police station on 27/02/2022 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 the trial the police officers on whose written statements her conviction was based   50664/22* 30/09/2022 Dmitriy Yevgenyevich POPOV 1993   Natalya Andreyevna Baranova Moscow Manifestation against the war in Ukraine   St Petersburg   28/02/2022 article 20.2 §   2 of CAO Administrative fine of RUB   10,000 St Petersburg City Court 31/05/2022 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 28/02/2022 for the sole purpose of drawing up a record of administrative offence,   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 the police officers on whose written statements the conviction was based   55620/22* 12/10/2022 Olga Mikhaylovna ARKHIPOVA 1993       Anti-war rally   St Petersburg   27/02/2022 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, escorting to a police station, detention between 27/02/2022 and 28/02/2022 as administrative suspect, pending trial, after the offence record had been compiled,   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 police officers on whose written statements the conviction was based   922/23 02/12/2022 Natalya Viktorovna VAKUTINA 1969   Yekaterina Viktorovna Dadayeva St Petersburg Anti-war rally   St Petersburg   06/03/2022 article 20.2.2 §   1 of CAO, article 20.3.3 -1 of the CAO administrative detention of 5   days St Petersburg City Court 02/08/2022 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 06/03/2022 and 07/03/2022 as administrative suspect, pending trial and after the offence record had been compiled,   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 police officers on whose written statements the conviction was based,   Art. 10 (1) - various restrictions on the right to freedom of expression – (alternatively to Article 11 issue in so far as the alleged participation in a public event is concerned), participation in a solo picket with a poster "No to War" - conviction under article 20.2.2 §   1 of the CAO and article 20.3.3 §   1 of the CAO, 5   days of administrative detention, final judgment by the St Petersburg City Court of 02/08/2022   3121/23 23/12/2022 Andrey Grigoryevich BARANYUK 1964   Mikhail Germanovich Shiolashvili St Petersburg Anti-war rally   St Petersburg   27/02/2022 article 20.2.2 §   1 of CAO fine of RUB   10,000 St Petersburg City Court 25/08/2022 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 27/02/2022 for the sole purpose of drawing up a record of administrative offence,   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 police officers on whose written statements the conviction was based   26031/23* 07/06/2023 Anton Robertovich LUKHT 1976   Daniil Aleksandrovich Semenov St Petersburg Protest against war in Ukraine   St Petersburg   27/02/2022 article 20.2.2. §   1 of CAO administrative detention for 10   days St Petersburg City Court 08/02/2023 Art. 5 (1) - unlawful detention - escorting to and detention at the police station between 27/02/2022 and 28/02/2022 as administrative suspect, pending trial, after the offence record had been compiled