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 } .s13F94BDE { font-family:Arial; letter-spacing:-0.1pt } Published on 5 February 2024   FIRST SECTION Application no.   48859/16 Kseniya Grigoryevna MOLIBOGA against Russia and 14 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     48859/16 09/08/2016 Kseniya Grigoryevna MOLIBOGA 1997 Ilya Vladimirovich Sivoldayev Voronezh Voronezh, 19/11/2015, protest against malfunctioning of a local university (wearing a mask with a skull picture) article 20.2 § 5 of CAO, fine of RUB   5,000 09/02/2016, Voronezh Regional Court         21830/18* 19/04/2018 Pavel Aleksandrovich NOVICHENKO 1990 Yelena Yuryevna Pershakova Moscow Perm, 22/09/2017, solo demonstration in support of A.   Navalnyy article 20.2 § 5 of CAO, fine of RUB   10,000 19/10/2017, Perm Regional Court   Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 6.50   p.m. on 22/09/2017 until 11.00 p.m. on 23/09/2017; applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); detention as an administrative suspect: beyond the three-hour statutory period (Art.   27.5(1)-(4) CAO) (see Tsvetkova and Others v.   Russia, nos.   54381/08 and 5 others, §§   121-22, 10 April 2018),   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings     42078/18* 24/08/2018 Konstantin Yaroslavovich YURLOV 1991 Ivan Yuryevich Zhdanov Vilnius Moscow, 08/07/2017, distributing leaflets in support of A.   Navalnyy article 20.2 § 5 of CAO, fine of RUB   15,000 28/02/2018, Moscow City Court ban on public events at certain locations: FIFA Confederations CUP restrictions (ban on holding public events on 01/06-12/07/2017) Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings     44110/18* 30/08/2018 Dmitriy Aleksandrovich PETROV 1999 Ivan Yuryevich Zhdanov Vilnius Cherepovets, 16/06/2017, solo demonstration in support of A.   Navalnyy article 20.2 § 1 of CAO, fine of RUB   10,000 05/03/2018, Vologda Regional Court   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings     49338/18* 10/10/2018 Anna Pavlovna YANTSEVA 1998 Ivan Yuryevich Zhdanov Vilnius Moscow, 08/07/2017, Distribution of leaflets in support of A. Navalnyy’s intention to run for the President of Russia article 20.2 § 5 of CAO, fine of RUB   10,000 22/06/2018, Moscow City Court ban on public events at certain locations: FIFA Confederations CUP restrictions (ban on holding public events on 01/06-12/07/2017) Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 5 (1) - unlawful detention – the applicant was taken to the police station on 08/07/2017 as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no.   72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019),     6336/19* 04/01/2019 Oleg Sergeyevich SAVVIN 1988 Mariya Vladimirovna Bontsler Kaliningrad Kaliningrad, 01/06/2018, solo demonstration in support of O.   Sentsov article 20.2 § 5 of CAO, fine of RUB   10,000 26/07/2018, Kaliningrad Regional Court ban on public events at certain locations: FIFA Confederations CUP restrictions (ban on holding public events on 01/06-12/07/2017)       8791/19 23/01/2019 Kamil Faritovich GATAULLIN 1997 Aleksey Vladimirovich Glukhov Novocheboksarsk Kazan, 01/06/2018, solo demonstration in support of O.   Sentsov article 20.2 § 1 of CAO, community service, 20   hours 25/07/2018, Supreme Court of the Tatarstan Republic ban on public events at certain locations: FIFA World Championship restrictions (ban on holding public events on 25/05-25/07/2018)       13507/19* 25/02/2019 Androik Aramovich ARTYNOV 1988 Aleksey Vladimirovich Glukhov Novocheboksarsk Moscow, 08/06/2018,   protest against FIFA fan festivals article 20.2 § 2 of CAO, fine of RUB   20,000 28/08/2018, Moscow City Court ban on public events at certain locations: FIFA World Championship restrictions (ban on holding public events on 25/05-25/07/2018) Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings     14669/19* 04/03/2019 Andrey Igorevich KISELEV 1992 Irina Aleksandrovna Yatsenko Moscow Moscow, 22/06/2018, support of political prisoners ("Novoye Velichiye" case), article 20.2 § 5 of CAO, fine of RUB   20,000 04/09/2018, Moscow City Court ban on public events at certain locations: FIFA World Championship restrictions (ban on holding public events on 25/05-25/07/2018) Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.30   p.m. until 7.00 p.m. on 22/06/2018; applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no.   72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); detention as an administrative suspect: beyond the three-hour statutory period (Art.   27.5(1)-(4) CAO) (see Tsvetkova and Others v.   Russia, nos.   54381/08 and 5 others, §§   121-22, 10 April 2018),   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 police officers on whose written statements the conviction was based,   Art. 6 (1) - unfair criminal proceedings - various shortcomings in the administrative offence proceedings (no possibility to adduce evidence)   18545/19* 20/03/2019 Valeriy Petrovich KUZMENKOV 1961 Irina Aleksandrovna Yatsenko Moscow Moscow, 31/05/2018, protest against construction works on "Krasnaya Strela" stadium article 20.2 § 5 of CAO, fine of RUB   10,000 20/09/2018, Moscow City Court ban on public events at certain locations: FIFA World Championship restrictions (ban on holding public events on 25/05-25/07/2018) Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report on 31/05/2018; detention as an administrative suspect: beyond the three-hour statutory period (Art.   27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos.   54381/08 and 5 others, §§ 121-22, 10   April 2018),   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) - unfair criminal proceedings - various shortcomings in the administrative offence proceedings (no possibility to adduce evidence),   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 police officers on whose written statements the conviction was based   21186/19 07/04/2019 Mark Yevgenyevich NEMTSEV 1984   Memorial Human Rights Centre Moscow Moscow, 23/06/2018, protest against pension reform article 20.2 § 5 of CAO, fine of RUB   10,000 25/10/2018, Samara Regional Court ban on public events at certain locations: FIFA World Championship restrictions (ban on holding public events on 25/05-25/07/2018) Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   29373/19* 14/05/2019 Anton Gennadyevich SUSHKEVICH 1970 Karinna Akopovna Moskalenko Strasbourg Moscow, 28/05/2018, solo demonstration in support of O.   Sentsov article 20.2 § 5 of CAO, fine of RUB   15,000 14/11/2018, Moscow City Court ban on public events at certain locations: FIFA World Championship restrictions (ban on holding public events on 25/05-25/07/2018) Art. 5 (1) - unlawful detention - escorting to the police station on 28/05/2018 for compiling an offence report; applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art.   27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no.   72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019),   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 police officers on whose written statements the conviction was based   32446/19* 16/05/2019 Valeriya Ivanovna SKOROBOGATOVA 1970 Oleg Aleksandrovich Yelanchik Moscow Moscow, 01/07/2018, protest against pension reform article 20.2 § 5 of CAO, fine of RUB   10,000 16/11/2018, Moscow City Court ban on public events at certain locations: FIFA World Championship restrictions (ban on holding public events on 25/05-25/07/2018) Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report on 01/07/2018; applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no.   72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019),   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 police officers on whose written statements the conviction was based   48507/19* 12/09/2019 Polina Valeryevna SIZOVA 1997   Memorial Human Rights Centre Moscow Moscow, 07/10/2018, protest against torture in Russia article 20.2 § 5 of CAO, fine of RUB   10,000 12/03/2019, Moscow City Court   Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 5.30   p.m. until 9.05 p.m. on 07/10/2018; applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity (see Korneyeva v. Russia, no.   72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019); applicant taken to the police station as an administrative suspect: unacknowledged detention in so far as escorting time is not included in the overall length of the administrative detention (see Navalnyy and Yashin v. Russia, no. 76204/11, § 95, 4 December 2014); detention as an administrative suspect: beyond the three-hour statutory period (Art.   27.5(1)-(4) CAO) (see Tsvetkova and Others v.   Russia, nos.   54381/08 and 5 others, §§   121-22, 10 April 2018),   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   18832/23* 14/04/2023 Vadim Igorevich KOROLEV 1986     (i) 27/02/2022, Moscow, Anti-war protest         (ii) 06/03/2022, Moscow, Anti-war protest   article 20.2 § 5 of CAO, fine of RUB   10,000   (conviction of 15/12/2022)     article 20.2. § 5 of CAO, fine of RUB   20,000 (conviction of 01/03/2023) (i) 01/03/2023, Moscow City Court (protest of 27/02/2022)   (ii) 15/12/2022, Moscow City Court (protest of 06/03/2022)   Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling of offence report: (i) from 6.00   p.m. on 27/02/2022 until 1.00 a.m. on 28/02/2022; (ii) from 2.55 p.m. until 9.25   p.m. on 06/03/2022