CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 11 janvier 2024
- ECLI
- ECLI:CEDH:001-230549
- Date
- 11 janvier 2024
- Publication
- 11 janvier 2024
droits fondamentauxCEDH
Source : DILA / Judilibre · open data
Mes notes
privées · visibles par vous seulRésumé structuré
version préliminaireFaits
Non déterminable à partir du texte fourni.
Procédure
Non déterminable à partir du texte fourni.
Question juridique
Non déterminable à partir du texte fourni.
Solution
source officielleCommunicated
Résumé généré automatiquement — à vérifier avec la décision originale.
Analyse IA non disponible
Générez un résumé intelligent de cette décision
Texte intégral
.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.   57908/18 Lev Aleksandrovich PONOMAREV 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 10 § 1 of the Convention relating to disproportionate measures against solo demonstrators which are the subject of well-established case law of the Court (see Novikova and Others v. Russia, nos. 25501/07 and 4 others, 26 April 2016 and Lashmankin and Others v. Russia, nos. 57818/09 and 14 others, 7 February 2017).   APPENDIX – STATEMENT OF FACTS List of applications raising complaints under Article 10 § 1 of the Convention (disproportionate measures against solo demonstrators) No. Application no. Date of introduction Applicant’s name Year of birth Representative’s name and location Location Date Purpose of the demonstration Administrative charges Penalty Final domestic decision Date Name of the court Other relevant information Other complaints under well-established case-law     57908/18* 13/12/2018 Lev Aleksandrovich PONOMAREV 1941 Valeriy Vladimirovich Shukhardin Moscow (i) Moscow, 23/07/2018, Support of political prisoners;       (ii) Moscow, 20/02/2022, Protest against the potential war in Ukraine (the applicant was arrested at the venue when he was waiting for his turn to stage a picket)   (i) article 20.2 § 5 of CAO, administrative fine of RUB   10,000,         (ii) article 20.2 § 5 of CAO, administrative fine of RUB   10,000 (i) 18/09/2018, Moscow City Court,           (ii) 01/07/2022, Moscow City Court                 rotation -event classified as assembly post facto (event of 20/02/2022) Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention: (i) on 23/07/2018 for the sole purpose of drawing up a record of administrative offence,   (ii) on 01/12/2018, for the purpose of compiling a record of administrative offence in respect of the calls to participate in a rally posted on 25/10/2018; and (iii) on 20/02/2022, for the 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 - three sets of 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 in the three sets of proceedings, as well as defence witnesses in the first set of proceedings,   Art. 10 (1) - conviction for making calls to participate in public events - on 25/10/2018 the applicant published a Facebook post calling to participate in a rally on 28/10/2018 in Moscow in support of defendants in criminal cases "Novoye Velichiye" and "Set’" - arrest, conviction under article 20.2   §   8 of the CAO, administrative detention of 16 days, final judgment of 07/12/2018, Moscow City Court     20078/19 31/03/2019 Vadim Vadimovich GLEBOV 1941 Konstantin Mikhaylovich Zinovyev Nizhniy Novgorod (i) Nizhniy Novgorod, 02/06/2018, Support of O.   Sentsov and V. Balukh     (ii) Nizhniy Novgorod, 18/06/2018, Support of O.   Sentsov and V. Balukh     (iii) Nizhniy Novgorod, 08/08/2020, Support of Khabarovsk protesters (i), article 20.2 § 5 of CAO, community service of 20 hours       (ii) article 20.2 § 5 of CAO, community service of 20   hours     (iii) article 19.3 § 1 of CAO, administrative fine of RUB   1,000 (i) 04/10/2018, Nizhniy Novgorod Regional Court         (ii) 04/10/2018, Nizhniy Novgorod Regional Court         (iii)   24/12/2020, Nizhniy Novgorod Regional Court ban on public events during the FIFA World Cup 2018 (events of 02/06/2018 and 18/06/2018) Art. 5 (1) - unlawful detention – third set of proceedings - arrest, escorting to a police station, detention on 08/08/2020 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 – three 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 - three sets of proceedings     24538/19* 08/04/2019 Pavel Vyacheslavovich CHUPRUNOV 1993 Maksim Vladimirovich Olenichev St Petersburg (i) St   Petersburg, 05/10/2018, Protest against the appointment of a new Governor of St   Petersburg (the applicant was arrested when approaching the venue where he intended to stage his demonstration)     (ii) St   Petersburg, 15/03/2020, Protest against constitutional amendments (i) article 19.3 §   1 of CAO, administrative detention of 5   days                         (ii) article 20.2 § 5 of CAO, administrative fine of RUB 10,000 (i) 09/10/2018, St Petersburg City Court                             (ii) 01/09/2020, St Petersburg City Court                                   (ii) rotation - event classified as assembly post facto Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention (i) between 05/10/2018 and 07/10/2018 as administrative suspect, pending trial and after the offence record had been compiled, and (ii) on 15/03/2020, 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 (both sets of proceedings), as well as attesting witnesses and defence witnesses (first set of proceedings),   Art. 6 (1) - unfair trial in administrative offence proceedings - inability to adduce evidence on equal footing with the prosecution - the courts’ refusal to adduce and admit the initial police report which triggered a police intervention in respect of the applicant,   Prot. 7 Art. 2 - Right of appeal against criminal conviction/sentence - the sentence of administrative detention imposed on the applicant on 07/10/2018 in the first set of proceedings was executed immediately, on account of the lack of a suspensive effect of an appeal under the CAO,   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 issue (see, mutatis mutandis , Tsukanov and Torchinskiy v. Russia [Committee], nos.35000/13 and 35010/13, §§ 48-50, 17 April 2018; and Muchnik and Mordovin v. Russia [Committee], nos. 23814/15 and 2707/16, §§ 47-52, 12 February 2019)- arrest, conviction for participation in a series of solo demonstrations held on 15/03/2020 by a group of no less than 50 persons, final judgment of 01/09/2020 by the St   Petersburg City Court     27898/19* 04/05/2019 Aleksandr Viktorovich FEDOSEYEV 1990 Maksim Vladimirovich Olenichev St Petersburg 05/10/2018, St   Petersburg, Protest against the appointment of a new Governor of St   Petersburg (the applicant was arrested when approaching the venue where he intended to stage his demonstration) article 19.3 § 1 of CAO, administrative fine of RUB   1,000 22/11/2018, St   Petersburg City Court   Art. 5 (1) - unlawful detention - arrest, escorting to the police station, detention between 05/10/2018 and 06/10/2018 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, as well as defence witnesses,   Art. 6 (1) - unfair trial in administrative offence proceedings - inability to adduce evidence on equal footing with the prosecution - refusal to admit a video footage     28357/19* 06/05/2019 Andrey Sergeyevich NIKITIN 1999 Maksim Vladimirovich Olenichev St   Petersburg St   Petersburg, 05/10/2018, Protest against the appointment of a new Governor of St   Petersburg (the applicant was arrested when approaching the venue where he intended to stage his demonstration) article 19.3 § 1 of CAO, administrative fine of RUB   1,000 22/11/2018, St   Petersburg City Court   Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention between 05/10/2018 and 06/10/2018 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 applicant’s conviction was based, as well as defence witnesses,   Art. 6 (1) - unfair trial in administrative offence proceedings - inability to adduce evidence on equal footing with the prosecution - the courts; refusal to admit a video footage and an initial police report of 05/10/2018 which had triggered the police intervention in respect of the applicant     37594/20 18/08/2020 Darya Aleksandrovna GRISHINA 1987   Memorial Human Rights Centre Moscow Moscow, 01/11/2019, Support of LGBT community article 20.2 § 5 of CAO, administrative fine of RUB   10,000 16/12/2019, Moscow City Court   Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 01/11/2019 for the sole purpose of drawing up the offence record,   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     19054/21* 20/03/2021 Anatoliy Grigoryevich NOGOVITSYN 1987 Aleksandr Dmitriyevich Peredruk St   Petersburg (i) Yakutsk, 24/06/2020, Protest against constitutional amendments     (ii)Yakutsk, 25/06/2020, Protest against constitutional amendments (i) article 20.6.1   §   1 of CAO, fine of RUB   2,000       (ii), article 19.3 § 1 of CAO, administrative detention of 8   days,   and article 20.6.1 §   1 of CAO, fine of RUB   3,000 (i) 01/10/2020, Supreme Court of the Republic of Sakha (Yakutiya)     (ii) 01/10/2020, Supreme Court of the Republic of Sakha (Yakutiya) - two separate judgments issued on the same date (i) COVID restrictions           (ii) COVID restrictions Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention (i) between 25/06/2020 and 26/06/2020 as administrative suspect, pending trial and after the offence record had been compiled; and (ii) from 22/01/2021 to 23/01/2021 as administrative suspect, pending trial and after the offence records 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 all (six) 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 - three sets of proceedings concerning the calls to participate in a rally, three separate final judgments of 05/03/2021,   Art. 10 (1) - conviction for making calls to participate in public events - on 21/01/2021 the applicant published calls to participate in a rally to support A.   Navalnyy scheduled for 23/01/2021 in Yakutsk ( Instagram, Youtube, Twitter and Vkontakte ) – arrest, conviction in three separate sets of proceedings, three separate final judgments issued on 05/03/2021 the Supreme Court of the Republic of Sakha (Yakutiya): (i) article 19.3 § 1 of CAO, administrative detention of 15   days; (ii) article 20.2 § 2 of CAO, administrative detention of 3 days (conviction for publications posted to Vkontakte and Twitter ); (iii) Article 20.2 § 2 of CAO, administrative detention of 3 days (conviction for publications posted to Instagram and Youtube ),   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - sentences of administrative detention imposed on the applicant on 23/01/2021 were executed immediately, on account of the lack of a suspensive effect under the CAO     42178/21 13/08/2021 Artem Sergeyevich BESEDIN 1984   Memorial Human Rights Centre Moscow Moscow, 03/07/2020, Support of convicted journalist S.   Prokopyeva article 20.2 § 5 of CAO, administrative fine of RUB   10,000 06/04/2021, Moscow City Court rotation - event classified as assembly post facto Art. 5 (1) - unlawful detention - escorting to and detention at the police station on 03/07/2020 for the sole purpose of compiling an offence report (such record only compiled on 13/07/2020),   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 the applicant’s conviction was based,   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 issue (see, mutatis mutandis , the above-cited Tsukanov and Torchinskiy and Muchnik and Mordovin )- arrest, conviction under article   20.2   §   5 of CAO, fine of RUB   10,000 for participation in a series of solo demonstrations held in Moscow on 03/07/2020 on a rotation basis by no less than 20   persons, final judgment of 06/04/2021, Moscow City Court     42184/21 13/08/2021 Anastasiya Dmitriyevna PLATONOVA 1994   Memorial Human Rights Centre Moscow Moscow, 07/07/2020, Support of journalist I.   Safonov article 20.2 § 5 of CAO, administrative fine of RUB   10,000 06/04/2021, Moscow City Court rotation - event classified as assembly post facto Art. 5 (1) - unlawful detention - escorting to and detention at the police station on 07/07/2021 for the sole purpose of drawing up a record of administrative offence (such record only compiled on 29/07/2020),   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,   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - - alternatively to Article 10 issue (see, mutatis mutandis , the above-cited Tsukanov and Torchinskiy and Muchnik and Mordovin )- arrest, conviction under article 20.2   §   5 of CAO, fine of RUB   10,000 for participation in a series of solo demonstrations held on a rotation basis by no less than 20   persons on 07/07/2020, final judgment of 06/04/2021, Moscow City Court   3174/22* 09/12/2021 Vladimir Vasilyevich DOROFEYEV 1993 Aleksey Viktorovich Avanesyan Yekaterinburg Krasnodar, 30/07/2020, Protest of defrauded shareholders article 20.2 § 2 of CAO, administrative detention of 1   day Krasnodar Regional Court, 09/08/2021 use of a quickly (de)assembled object - a tent Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 30/07/2020 and 31/07/2020 as administrative suspect, pending trial, after the offence report was 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   23324/22 15/02/2022 Igor Alekseyevich YAKOVLEV 1986 Memorial Human Rights Centre Moscow Moscow, 07/07/2020, Support of I.   Safonov article 20.2 § 5 of CAO, administrative fine of RUB   10,000 17/08/2021 Moscow City Court rotation - event classified as assembly post facto Art. 5 (1) - unlawful detention - arrest, escorting to a police station on 07/07/2020 for the sole purpose of drawing up an offence record (such record only compiled on 23/07/2020),   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,   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - alternatively to Article 10 issue see, mutatis mutandis , the above-cited Tsukanov and Torchinskiy and Muchnik and Mordovin ) - arrest, conviction under article 20.2   §   5 of CAO, administrative fine of RUB   10,000 for participation in a series of solo demonstrations held on a rotation basis by no less than 20 persons in Moscow on 07/07/2020 in support of I. Safonov, considered by the authorities as an unauthorised assembly   34931/22 21/06/2022 Alisa Aleksandrovna BOGATYREVA 1992 Aleksandr Vasilyevich Savin Stavropol Stavropol, 06/03/2022, Protest against suppression of opposition media outlets in the wake of the war against Ukraine article 20.2 § 5 of CAO 18/05/2022 Stavropol Regional Court   Art. 5 (1) - unlawful detention - escorting to and detention at the police station on 06/03/2022 for the sole purpose of drawing up and offence report,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   38000/22* 05/07/2022 Ivan Romanovich KOZIKHIN 1991 Rim Faridovich Sabirov Kazan Kazan, 27/02/2022, Anti-war protest article 20.2 § 8 of CAO, administrative detention of 10   days 05/03/2022, Supreme Court of the Republic of Tatarstan   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 and after an offence report was compiled,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 28/02/2022 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   39003/22* 25/07/2022 Taisiya Vasilyevna SVESHNIKOVA 1994 Irina Vladimirovna Gak Rostov-on-Don Taganrog, 24/03/2022, Anti-war protest (i) article 20.1. § 1 of CAO, fine of RUB   500   and   (ii) a separate conviction under article 20.3.3. §1 (discrediting Russian armed forces) in respect of the same event, fine of RUB   30,000 (i) 06/06/2022, Rostov Regional Court     and   (ii) 12/05/2022, Rostov Regional Court   Art. 5 (1) - unlawful detention - escorting to and detention at the police station between 24/03/2022 and 25/03/2022 as administrative suspect,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in all three sets of administrative proceedings (concerning the events of 19/03/2022; 24/03/2022 (two sets of proceedings)),   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - in all three sets of administrative proceedings (two sets of proceedings concerning the events of 19/03/2022 and 24/03/2022),   Art. 8 (1) - unlawful search - search (inspection) of the applicant’s flat between 5:30 and 6:00 a.m. on 25/03/2022, conducted by a police officer with reference to article 27.8 of the CAO (inspection of premises of legal entities) - no indication of relevant or sufficient reasons to justify the inspection, no prior judicial authorisation, irrelevant legal basis invoked in the inspection record,   Art. 10 (1) - various restrictions on the right to freedom of expression - drawing an anti-war sign on the stairs of Lenin’s monument, Taganrog, 19/03/2022 - conviction under Article 20.3.3   §   1 (discrediting Russian armed forces), fine of RUB   35,000, final judgment by the Rostov Regional Court, 19/05/2022   40532/22* 30/06/2020 Vera Petrovna TERESHONKOVA 1958     (i) Syktyvkar, 01/05/2019, Protest against a ban on public events in Stefanovskaya Square     (ii) Syktyvkar, 27/02/2022, Anti-war protest (i) article 20.2 § 5 of CAO, fine of RUB   5,000             (ii) article 20.2 § 5 of CAO, fine of RUB   12,000 (i) 02/10/2019, Supreme Court of the Komi Republic           (ii) 20/04/2022, Supreme Court of the Komi Republic ban on public events at certain locations - Stefanovskaya Square, Syktyvkar, both sets of proceedings Art. 5 (1) - unlawful detention - arrest, escorting to a police station: (i) on 01/05/2019 for the sole purpose of drawing up an offence record, and (ii) on 27/02/2022, 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 administrative proceedings   44816/22 02/09/2022 Aleksandr Sergeyevich KAPUSTIN 1972     (i) Krasnoyarsk, 13/01/2022, Protest against transfer of the Russian troops to Kazakhstan     (ii) Krasnoyarsk, 13/02/2022, Protest against military attacks on the territory of Ukraine     (iii) Krasnoyarsk, 11/06/2022, Support of political opposition (i) article 20.6.1 § 1 of CAO, fine of RUB   3,000         (ii) article 20.6.1 §   1 of CAO, fine of RUB   3,000         (iii) article 19.3 § 1 of CAO, administrative detention of 3   days (i) 04/05/2022, Krasnoyarsk Regional Court           (ii) 25/05/2022, Krasnoyarsk Regional Court           (iii) 22/06/2022, Krasnoyarsk Regional Court COVID-related ban on public events (first and second sets of proceedings) Art. 5 (1) - unlawful detention - escorting to and detention at the police station (i) on 13/02/2022 for compiling an offence record; and (ii) between 11/06/2022 and 12/06/2022 as administrative suspect, 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 - in two sets of administrative proceedings (in connection with events of 13/02/2022 and 11/06/2022),   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 open court the police officers on whose written statements the applicant’s conviction was based in two sets of administrative proceedings (in connection with events of 13/02/2022 and 11/06/2022, final judgments of 25/02/2022 and 22/06/2022 respectively)   56922/22* 26/11/2022 Aleksandr Vladimirovich MALTSEV 1983     Vologda, 06/03/2022, Anti-war protest article 20.2 § 2 of CAO and article 20.3.3 §   1 of CAO, administrative fine of RUB   30,000 16/05/2022, Vologda Regional Court (a copy of the judgment received on 26/07/2022) rotation - event classified as assembly post facto Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 06/03/2022 and 07/03/2022 as administrative suspect,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings  Citations
Aucune citation répertoriée pour cette décision.
Décisions connexes
Aucune décision similaire identifiée pour le moment.
Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;COMMUNICATEDCASES;ENG
- Date
- 11 janvier 2024
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:001-230549
Données disponibles
- Texte intégral
- Résumé officiel