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 } Published on 5 February 2024   FIRST SECTION Application no.   45915/21 Aleksey Sergeyevich ZINKEVICH 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 offence (code of administrative offences, CAO) Penalty Final domestic decision Court Name Date Other complaints under well-established case-law     45915/21 08/09/2021 Aleksey Sergeyevich ZINKEVICH 1994 Daniil Aleksandrovich Semenov St Petersburg Rally “Free Navalnyy”   St Petersburg 31/01/2021 article 20.2.2. §   1 of CAO administrative detention of 11   days St   Petersburg City Court 09/03/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 4.30 p.m. on 31/01/2021 to 7.00 p.m. on 01/02/2021, hearing in the applicant’s administrative-offence case,   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, 09/03/2021,   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,   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.     58745/21* 11/11/2021 Viktoriya Igorevna MATSNEVA 1987   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow 31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 13/05/2021       59686/21 13/11/2021 Nadezhda Sergeyevna BELOVA 1983   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow 31/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 13/05/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.10 p.m. to 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 - final decision: Moscow City Court, 13/05/2021,   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 the police officers on whose written statements the applicant’s conviction was based.     572/22 23/11/2021 Aleksandr Olegovich PERSHIN 2001 Dmitriy Dmitriyevich Miropoltsev Kaltan Rally “Free Navalnyy”   Novokuznetsk 23/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Kemerovo Regional Court 16/06/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Kemerovo Regional Court, 16/06/2021,     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.     839/22 23/11/2021 Olesya Andreyevna VOYCHENKO 2001 Dmitriy Dmitriyevich Miropoltsev Kaltan Rally “Free Navalnyy”   Novokuznetsk 23/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Kemerovo Regional Court 16/06/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Kemerovo Regional Court, 16/06/2021,   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     1902/22 10/11/2021 Anastasiya Yuryevna KRASILNIKOVA 1995 Sergey Aleksandrovich Loktev St Petersburg Rally “Free Navalnyy”   St Petersburg 23/01/2021 article 8.6.1 of Law of St Petersburg 273-70 of 31/05/2010 fine of RUB   4,000 Oktyabrskiy District Court of St Petersburg 08/07/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 1.45 p.m. to 06.40 p.m. on 23/01/2021,   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, 08/07/2021     3126/22 23/12/2021 Milita Aleksandrovna GERBERSAGEN 1993 Ilya Vladimirovich Sivoldayev Voronezh Rally “Free Navalnyy”   Voronezh 31/01/2021 article 20.2 § 5 of CAO fine of RUB   5,000 Voronezh Regional Court 23/06/2021 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, 23/06/2021.     4962/22* 10/01/2022 Andrey Mikhaylovich AKHMEDULOV 1994 Ivan Yuryevich Zhdanov Vilnius Rally “Free Navalnyy”   Voronezh 23/01/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Voronezh Regional Court 06/10/2021 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 6.06 p.m. to 10.15 p.m. on 23/01/2021,   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, 06/10/2021,   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.     8819/22 11/01/2022 Vasiliy Andreyevich SAVIN 1996 Viktor Alekseyevich Andreyev 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 22/07/2021     14014/22 26/02/2022 Yelizaveta Mikhaylovna NOVIKOVA 2000 Aleksey Mikhaylovich Kuroptev Balashikha Rally “Free Navalnyy”   Arkhangelsk 21/04/2021 article 20.2 § 5 of CAO fine of RUB   10,000 Arkhangelsk Regional Court 31/08/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Arkhangelsk Regional Court, 31/08/2021,   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 open court the police officers on whose written statements her conviction was based,   Art. 8 (2) - restrictions on the right to private life of participants in public assemblies - use of facial recognition technology for the identification of the applicant as a participant of a rally and his/her subsequent conviction (raised on appeal).   39888/22 29/07/2022 Olga Vyacheslavovna KRASAVINA 1988 Luiza Magomedovna Magomedova St Petersburg Anti-war rally   St Petersburg 24/02/2022 article 20.2.2. § 1 of CAO fine of RUB   10,000 St Petersburg City Court 12/04/2022 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 8.00 p.m. on 24/02/2022 to 25/02/2022, hearing in the applicant’s administrative offence case,   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.   39893/22 29/07/2022 Maksim Maksimovich FILENKO 1996 Luiza Magomedovna Magomedova St Petersburg Anti-war rally   St Petersburg 24/02/2022 article 20.2.2. § 1 of CAO fine of RUB   10,000 St Petersburg City Court 12/04/2022 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 8.00 p.m. on 24/02/2022 to 25/02/2022, hearing in the applicant’s administrative-offence case,   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   40283/22 04/08/2022 Ivan Mikhaylovich PRUTSKOV 1995 Nikifor Yuryevich Ivanov St Petersburg Anti-war rally   St Petersburg 24/02/2022 article 20.2.2. § 1 of CAO fine of RUB   10,000 St Petersburg City Court 05/04/2022 Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 24/02/2022 in the evening to 25/02/2022, hearing in the applicant’s administrative-offence case,   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.   40292/22 04/08/2022 Yekaterina Alekseyevna DMITRIYEVA 1998 Nikifor Yuryevich Ivanov St Petersburg Anti-war rally   St Petersburg 24/02/2022 article 20.2.2. § 1 of CAO fine of RUB   10,000 St Peterburg 05/04/2022 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 24/02/2022 in the evening to 25/02/2022, hearing in the applicant’s administrative-offence case,   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   44600/22 18/08/2022 Yelizaveta Aleksandrovna PAVLOVSKAYA 1994 Nikifor Yuryevich Ivanov St Petersburg Anti-war rally   St Petersburg 26/02/2022 article 20.2.2. § 1 of CAO fine of RUB   10,000 St Petersburg City Court 19/04/2022 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 8.20 p.m. on 26/02/2022 to 27/02/2022 in the evening, hearing in the applicant’s administrative-offence case,   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.   47958/22 12/09/2022 Anastasiya Igorevna PARADEYEVA 1989 Dmitriy Georgiyevich Gerasimov St Petersburg Anti-war rally   St Petersburg 06/03/2022 article 20.2.2. § 1 of CAO fine of RUB   19,000 St Petersburg City Court 24/05/2022 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.30 p.m. to 11.00 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 - 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.   48852/22 23/09/2022 Aleksandra Sergeyevna CHIBISOVA 1992 Leonid Leonidovich Krikun St Petersburg Anti-war rally   St Petersburg 06/03/2022 article 20.2.2. § 1 of CAO fine of RUB   5,000 St Petersburg City Court 31/05/2022 Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.40 p.m. on 06/03/2022 until 07/03/2022, hearing in the applicant’s administrative-offence case,     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, 31/05/2022,   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.