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 } .s3F59B822 { font-family:Arial; font-weight:bold; text-transform:uppercase } .s5FFF0A7E { margin-top:0pt; margin-bottom:0pt; font-size:8pt } .sF06EED7C { height:107.05pt } .s13F94BDE { font-family:Arial; letter-spacing:-0.1pt } Published on 5 February 2024   FOURTH SECTION Application no.   12800/17 Natalya Yevgenyevna IVANOVA against Russia and 16 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     12800/17* 06/02/2017 Natalya Yevgenyevna IVANOVA 1967   Nikolay Sergeyevich Zboroshenko Mytishchi Rally in support of N.   Savchenko   Moscow   08/03/2016 article 20.2 § 5 of CAO fine of RUB   20,000 Moscow City Court 24/08/2016 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention (i) on 08/03/2016 and (ii) on 12/03/2016 for the sole purpose of drawing up an offence record,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of 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 and to adduce evidence in support of the applicant’s account of the events on equal footing with the prosecution- both sets of proceedings,   Art. 10 (1) - disproportionate measures against solo demonstrators – in Moscow, on 12/03/2016, Support of N.   Savchenko - arrest, conviction under article 20.2   §   5 of CAO, fine of RUB   10,000, final judgment of 08/08/2016 by the Moscow City Court     2401/18* 29/12/2017 Pavel Nikolayevich RUMYANTSEV 1995     Memorial Human Rights Centre Moscow Rally against corruption   Moscow   26/03/2017         article 19.3 § 1 of CAO and article 20.2 § 5 of CAO fine of RUB   1,000 and fine of RUB   15,000 Moscow City Court 10/07/2017 and Moscow City Court 14/07/2017 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of the proceedings,   Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 26/03/2017 to 28/03/2017 as administrative suspect, after the offence record had been compiled on 27/03/2017,   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 in both sets of the proceedings     50244/19* 09/09/2019 Irina Vyacheslavovna MURAKHTAYEVA 1973 Deceased in 2020 Application maintained by the late applicant’s husband,   Aleksey Viktorovich Murakhtayev 1972 Ruslan Vladimirovich Sozonov Nizhniy Novgorod Stroll in memory of B.   Nemtsov   Nizhniy Novgorod   24/02/2019 article 20.2 § 2 of CAO fine of RUB   20,000 Nizhniy Novgorod Regional Court 08/05/2019 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 05/03/2019 for the sole purpose of drawing up an offence record in respect of the events of 24/02/2019,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings     14300/21* 18/02/2021 Ali Bayazitovich KHANTIMIROV 1962   Ilya Valeryevich Tkachenko Gatchina Picketing against the constitutional amendments   St Petersburg   16/07/2020 article 20.2 § 8 of CAO administrative detention of 20 days St   Petersburg City Court 18/08/2020 Art. 5 (1) - unlawful detention- arrest and escorting to a police station, detention between 05/08/2020 and 06/08/2020 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 and to submit evidence in defence of the applicant’s version of events on an equal footing with the prosecution     20667/21* 25/03/2021 Vladislav Ruslanovich TSUKANOV 2000     Memorial Human Rights Centre Moscow Rally in support of A.   Navalnyy   Moscow   02/02/2021   Anti-war rally   Moscow   06/03/2022         article 20.2 §   6.1 of CAO           article 20.2 § 5 of CAO               administrative detention of 10 days         fine of RUB   10,000               Moscow City Court 10/02/2021             Moscow City Court 23/08/2022   Art. 5 (1) - unlawful detention- arrest, escorting to a police station, detention on 03/02/2021 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 - two sets of the administrative 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 - two sets of the proceedings,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 03/02/2021 in the first set of proceedings was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO     22706/21 09/04/2021 Lyudmila Borisovna BORISOVA 1953   Polina Aleksandrovna Sidelnikova Vladivostok Rally in support of S.   Furgal   Vladivostok   25/07/2020   Opposition rally   Vladivostok   31/01/2021 article 20.2 § 5 of CAO           article 20.2 § 8 of CAO fine of RUB   5000           fine of RUB   75,000 Primorye Regional Court 13/10/2020         Primorye Regional Court 01/06/2021 Art. 5 (1) - unlawful detention- arrest and detention on 25/07/2020 for the sole purpose of drawing 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 - first set of proceedings, final judgment of 13/10/2020,   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 - first set of proceedings, final judgment of 13/10/2020     51113/21* 13/10/2021 Ivan Aleksandrovich PROKHOROV 1995     Memorial Human Rights Centre Moscow Rally in support of A.   Navalnyy   Moscow   23/01/2021   Rally in support of A.   Navalnyy   Moscow   02/02/2021 article 20.2 § 5 of CAO           article 20.2 § 5 of CAO fine of RUB   15,000           fine of RUB   15,000 Moscow City Court 14/04/2021           Moscow City Court 01/07/2021 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention (i) on 23/01/2021 for the sole purpose of drawing up a record of administrative offence (such record only compiled on 26/01/2021), and (ii) on 02/02/2021 for the same purpose,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of 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 - both sets of proceedings     53235/21* 04/10/2021 Denis Shamshirovich MIRZOYEV 1996   Irina Vladimirovna Gak Rostov-on-Don Rally in support of A.   Navalnyy   Rostov-on-Don   31/01/2021 article 20.1   §   1 of CAO fine of RUB   1,000 Rostov Regional Court 05/04/2021 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 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, as well as defence witnesses     57328/21* 10/11/2021 Yevgeniy Nikolayevich YEFREMOV 1981     Memorial Human Rights Centre Moscow Protest against unlawful checking of ID documents   Moscow   14/03/2020   Event with a banner "Capitalism kills Russia"   Moscow   06/11/2020 article 20.2 § 5 of CAO             article 20.2 § 5 of CAO fine of RUB   10,000             fine of RUB   10,000 Moscow City Court 17/05/2021             Moscow City Court 07/12/2021 Art. 5 (1) - unlawful detention - (i) arrest, detention and further escorting to the police station on 14/03/2020 for the sole purpose of drawing up an offence record; (ii) arrest and unlawful detention in the police van and further escorting to the police station on 06/11/2020 (administrative offence record only drawn up on 17/11/2020),   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of 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 applicant’s convictions were based (both sets of proceedings)   1164/22 07/12/2021 Aleksey Viktorovich YELAGIN 1978   Vitaliy Viktorovich Cherkasov St Petersburg Spontaneous gathering against abusive criminal prosecution in the "Network" case   St Petersburg 22/06/2020 article 20.2 § 5 of CAO fine of RUB   10,000 St Petersburg City Court 06/07/2021 Art. 5 (1) - unlawful detention - arrest, delayed escorting to a police station (from 1 p.m. to 6.30 p.m.), detention there on 22/06/2020 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 officer on whose written statements the applicant’s conviction was based   1171/22 07/12/2021 Aleksandra Alekseyevna POPOVA 1994   Vitaliy Viktorovich Cherkasov St Petersburg Spontaneous gathering against abusive criminal prosecution in the "Network" case   St Petersburg   22/06/2020 article 20.2 § 5 of CAO fine of RUB   10,000 St Petersburg City Court 27/07/2021 Art. 5 (1) - unlawful deprivation detention - arrest, escorting to a police station, detention on 22/06/2020 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 officer on whose written statements the applicant’s conviction was based   2154/22 09/12/2021 Filipp Andreyevich KUZNETSOV 1992     Memorial Human Rights Centre Moscow Rally in support of A.   Navalnyy   Moscow, Pushkinskaya Square   23/01/2021   Rally in support of A.   Navalnyy   Moscow, in the vicinity of the Matrosskaya Tishina remand centre   23/01/2021   article 20.2 § 5 of CAO               article 20.2 §   6.1 of CAO   fine of RUB   20,000               administrative detention of 10 days   Moscow City Court 11/06/2021               Moscow City Court 29/06/2021   Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention (i) between 2 p.m. and 6   p.m. on 23/01/2021 for the sole purpose of drawing up an offence record under article 20.2-5 of the CAO, and (ii) between 23/01/2021 in the evening and 25/01/2021 as administrative suspect, pending trial and after the offence record under article 20.2-6.1 of the CAO 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 - both sets of 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 - both sets of proceedings,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 25/01/2021 in the first set of proceedings was executed immediately, on account of the lack of a suspensive effect of the appeal under the CAO   4362/22* 07/01/2022 Sergey Sergeyevich MITROKHIN 1963   Aleksandr Sergeyevich Lokhmutov Moscow Rally in support of A.   Navalnyy   Moscow   23/01/2021   Event to protest against housing policy   Moscow   17/03/2021 article 20.2 § 8 of CAO           article 20.2 § 8 of CAO fine of RUB   300,000           fine of RUB   150,000 Moscow City Court 07/07/2021           Moscow City Court 19/08/2021 Art. 5 (1) - unlawful detention - (i) arrest, escorting to a police station, detention on 12/03/2021 for the sole purpose of drawing up an offence record in respect of the rally of 23/01/2021; and   (ii) arrest, escorting to a police station on 17/03/2021 for compilation of the administrative material (the applicant was released against an undertaking to appear for drawing up an offence record); and , subsequently, arrest and detention on 29/03/2021 (when the applicant went to a police station for drawing up an offence record) 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 - both sets of proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - both sets of proceedings - inability to cross-examine in open court police officers on whose written statements the conviction was based – both sets of proceedings   6379/22* 29/12/2021 Aleksandr Vyacheslavovich BORISENKO 2002   Natalya Andreyevna Baranova Moscow Rally in support of A.   Navalnyy   Yekaterinburg   23/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Sverdlovsk Regional Court 30/06/2021 Art. 5 (1) - unlawful detention – arrest, escorting to and detention at the police station between 24/02/2022 and 25/02/2022 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 - both sets of 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 - first set of proceedings, final judgment of 30/06/2021 by the Sverdlovsk Regional Court,   Art. 10 (1) - conviction for making calls to participate in public events - arrest, conviction under article 20.2 § 8 of the CAO, administrative detention of 25   days for publishing on 24/02/2022 a call for participation in an anti-war rally (scheduled for the same date) to the applicant’s Twitter account, final judgment of 01/03/2022 by the Sverdlovsk Regional Court (see Elvira Dmitriyeva v. Russi a, nos. 60921/17 and 7202/18, §§ 77-90, 30 April 2019),   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 25/02/2022 (second set of proceedings) was executed immediately, on account of the lack of suspensive effect of the appeal under the CAO   6748/22* 30/12/2021 Vera Nikolayevna PRYAZHKINA 1972   Kseniya Dmitriyevna Prosvirkina Moscow Rally in support of A.   Navalnyy   Smolensk   23/01/2021   Rally in support of A.   Navalnyy   Smolensk 21/04/2021 article 20.2 § 5 of CAO           article 20.2 § 5 of CAO fine of RUB   15,000           fine of RUB   15,000 Smolensk Regional Court 28/07/2021         Smolensk Regional Court 07/07/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of proceedings   7333/22* 20/01/2022 Vladimir Valeryevich BELIKOV 1993     Memorial Human Rights Centre Moscow Meeting A.   Navalnyy at the Vnukovo Airport of Moscow   Moscow 17/01/2021 article 20.2 §   6.1 of CAO fine of RUB   15,000 Moscow City Court 19/10/2021 Art. 5 (1) - unlawful detention - arrest, delayed escorting to a police station on 17/01/2021 for the sole purpose of drawing up an offence record (such record only compiled on 27/01/2021),   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 open court police officers on whose written statements the conviction was based, as well as a defence witness,   Art. 6 (1) - lack of fair hearing - the courts’ refusal to request and adduce footage from the CCTV cameras of the airport to establish the exact circumstances of the case (the applicant’s conduct before and during his arrest)   45483/22* 26/08/2022 Yevgeniya Nikolayevna KHOKHLOVA 1987   Rim Faridovich Sabirov Kazan Anti-war rally   Kazan   06/03/2022 article 20.2 § 5 of CAO fine of RUB   10,000 Supreme Court of the Republic of Tatarstan 27/04/2022 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, after the offence record had been drawn up,   Art. 10 (1) - various restrictions on the right to freedom of expression - conviction under article 20.3.3   §   1 of CAO, fine of RUB   30,000, on account of shouting slogans "No to War!", "Ukraine will be free!", "Russia will be free!" on 06/03/2022, final judgment of 11/05/2022 by the Supreme Court of the Republic of Tatarstan