CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 11 janvier 2024
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- ECLI:CEDH:001-230615
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- 11 janvier 2024
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- 11 janvier 2024
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.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 } .s422CBCC { font-family:Arial; font-size:7.5pt; font-weight:bold } Published on 5 February 2024   FIFTH SECTION Application no.   3551/18 Anastasiya Pavlovna TITOVA against Russia and 20 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     3551/18* 23/12/2017 Anastasiya Pavlovna TITOVA 1983   Aleksandr Vasilyevich Popkov Sochi Rally against corruption   Sochi   12/06/2017 article 20.2 § 2 of CAO fine of RUB 20,000 Krasnodar Regional Court 26/07/2017       22909/19* 10/04/2019 Yekaterina Aleksandrovna VASILYEVA 2000   Dmitriy Vladimirovich Zubarev Vladivostok Manifestation against the increase of the retirement age   Vladivostok   01/07/2018 article 20.2 § 8 of CAO 40 hours’ community work Primorye Regional Court 16/10/2018 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 - Arrest and detention on 28/07/2018 and 09/09/20218 - 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) (the complaints were raised on appeal in the administrative proceedings)     49384/21* 13/09/2021 Mikhail Vladimirovich BYKOV 1987       Protest rally   Dzerzhinsk   21/04/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Nizhniy Novgorod Regional Court 21/06/2021 Art. 5 (1) - unlawful detention - Arrest and detention on 26/04/2021 (4 days after his participation in the protest rally) - 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); the complaint was raised in the administrative proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - the applicant was unable to confront the police officers on whose statements his conviction was based,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings       49660/21* 16/09/2021 Olga Zhanovna MALISHEVSKAYA 1972   Marina Alekseyevna Dubrovina Novorossiysk Rally “Free Navalnyy”   Anapa   31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Krasnodar Regional Court 17/03/2021 Art. 5 (1) - unlawful detention - Arrest and detention from 1.20 p.m. to 5.30 p.m. on 31/01/2021 - 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); the complaints were raised in the administrative proceedings,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings     52250/21* 01/10/2021 Mikhail Aleksandrovich SUKHOTIN 1957     Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 06/04/2021 Art. 5 (1) - unlawful detention - Arrest and detention at the police station after compiling an offence report from 3 p.m. till 10.30 p.m. on 31/01/2021 - 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 (criminal) for more than three hours without any written record (see Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, §§ 76-79, 26 June 2018); the complaints were raised on appeal in the administrative proceedings,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings     53236/21* 04/10/2021 Aleksandr Ivanovich PAKHARUKOV 2002   Vladimir Yakovlevich Kapustin Yekaterinburg Rally “Free Navalnyy”   Yekaterinburg   31/01/2021 article 20.2 § 5 of CAO 20 hours’ community work Sverdlovsk Regional Court 01/06/2021       57826/21* 18/11/2021 Yegor Konstantinovich PAVLOV 1996     Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   23/01/2021 article 20.2 § 6.1 of CAO Fine of RUB 15,000 Moscow City Court 27/05/2021 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 - Arrest and detention from 4.40 p.m. on 23/01/2021 till 10 p.m. on 25/01/2021 - 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 48-hour statutory period (Art. 27.5(3)-(4) and Art. 29.6(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018); Detention as an administrative suspect: the applicant remained in detention after the offence record had been compiled (see Korneyeva v. Russia, no. 72051/17, § 35, 8 October 2019); the complaints were raised on appeal in the administrative proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - The applicant was unable to confront the police officers on whose statements his conviction was based     58198/21* 27/11/2021 Vladislav Yevgenyevich DUBOV 1998   Ivan Yuryevich Zhdanov Vilnius Rally “Free Navalnyy”   Voronezh   31/01/2021 article 20.2 § 5 of CAO Fine of RUB 10,000 Voronezh Regional Court 01/06/2021 Art. 5 (1) - unlawful detention - Arrest and detention on 31/01/2022 - 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); the complaint was raised on appeal in the administrative proceedings,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings     3541/22* 15/12/2021 Maksim Alekseyevich RUBAYLOV 1999   Andrey Olegovich Valenkov Nizhniy Novgorod Rally “Free Navalnyy”   Nizhniy Novgorod   31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Nizhniy Novgorod Regional Court 16/06/2021     36871/22* 13/07/2022 Yuliya Aleksandrovna AKSENOVA    Natalya Andreyevna Baranova Moscow Anti-war protest   St Petersburg   03/03/2022 article 20.2.2 § 1 of CAO 15 days’ administrative arrest St Petersburg City Court 14/03/2022 Art. 5 (1) - unlawful detention - Arrest and detention from 03/03/2022 to 04/03/2022 - 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 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   37095/22* 13/07/2022 Vladimir Sergeyevich ZALUZHSKIY 1993   Natalya Andreyevna Baranova Moscow Anti-war protest   St Petersburg   06/03/2022 article 20.2 § 6.1 of CAO 9 days’ administrative arrest St Petersburg City Court 14/03/2022 Art. 5 (1) - unlawful detention - Arrest and detention from 3.30 p.m. on 06/03/2022 to 12.30 a.m. on 08/03/2022 - 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); the complaint was raised on appeal in the administrative proceedings,   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   46210/22* 13/09/2022 Anastasiya Aleksandrovna BLAGOVESHCHENSKAYA 1999   Sergey Sergeyevich Kulikov Nizhniy Novgorod Anti-war protest   Nizhniy Novgorod   06/03/2022 article 20.2 § 6.1 of CAO fine of RUB 10,000 Nizhniy Novgorod Regional Court 18/05/2022 Art. 5 (1) - unlawful detention - Arrest and detention from 3.10 p.m. on 06/03/2022 to 1.20 p.m. on 07/03/2022 - 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); the complaints were raised in the administrative proceeding,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   46213/22* 07/09/2022 Viktoriya Vadimovna BANCHAK 1993   Ilya Valeryevich Tkachenko Kogalym Anti-war protest   St Petersburg   24/02/2022 article 20.2.2. § 1 of CAO fine of RUB 10,000 St Petersburg City Court 17/05/2022 Art. 5 (1) - unlawful detention - Arrest and detention from 24/02/2022 to 25/02/2022 - 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: the applicant remained in detention after the offence record had been compiled (see Korneyeva v. Russia, no. 72051/17, § 35, 8 October 2019); the complaints were raised in the administrative proceedings   46220/22* 13/09/2022 Yuliya Marsimovna KISELEVA 1996   Sergey Sergeyevich Kulikov Nizhniy Novgorod Anti-war protest   Nizhniy Novgorod   06/03/2022 article 20.2 § 5 of CAO fine of RUB 12,000 Nizhniy Novgorod Regional Court 18/05/2022 Art. 5 (1) - unlawful detention - Arrest and detention on 06/03/2022 - 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); the complaint was raised in the administrative proceedings,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   46244/22* 11/09/2022 Anna Andreyevna KLYUKOVSKAYA 2000   Rim Faridovich Sabirov Kazan Anti-war protest   Kazan   24/02/2022 article 20.2 § 5 of CAO fine of RUB 10,000 Supreme Court of the Tatarstan Republic 11/05/2022 Art. 5 (1) - unlawful detention - Arrest and detention on 24/02/2022 - 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); the complaint was raised in the administrative proceedings     46750/22* 14/09/2022 Valentin Igorevich SOVKOV 1995   Yekaterina Viktorovna Gerasimova St Petersburg Anti-war protest   St Petersburg   27/02/2022 article 20.2 § 6.1 of CAO fine of RUB 10,000 St Petersburg City Court 31/05/2022 Art. 5 (1) - unlawful detention - Arrest and detention on 27/02/2022 - 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); the complaint was raised in 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 the trial the police officers on whose written statements the applicant’s conviction was based   47601/22* 14/09/2022 Pavel Sergeyevich KARPUS 1976   Sergey Viktorovich Podolskiy St Petersburg Anti-war protest   St Petersburg   17/05/2022 article 20.2 § 5 of CAO fine of RUB 10,000 St Petersburg City Court 17/05/2022 Art. 5 (1) - unlawful detention - Arrest and detention from 7.55 p.m. on 26/02/2022 to 5.10 p.m. on 27/02/2022 - 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); the complaints were raised in the administrative proceedings,   Art. 6 (1) - ack 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   47963/22* 14/09/2022 Alena Aleksandrovna KROTOVA 1990   Sergey Sergeyevich Kulikov Nizhniy Novgorod Anti-war protest   Nizhniy Novgorod   06/03/2022 article 20.2 § 5 of CAO fine of RUB 10,000 Nizhniy Novgorod Regional Court 18/05/2022 Art. 5 (1) - unlawful detention - Arrest and detention from 3 p.m. on 06/03/2022 to 11 a.m. on 08/03/2022 - 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); the complaints were raised in the administrative proceedings   48647/22* 01/10/2022 Zakhar Alekseyevich YERYUSHOV 2003   Rim Faridovich Sabirov Kazan Anti-war protest   Samara   27/02/2022 article 20.2 § 5 of CAO fine of RUB 10,000 Samara Regional Court 02/06/2022 Art. 5 (1) - unlawful detention - Arrest and detention from 4.05 p.m. to 8.05 p.m. on 27/02/2022 - 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); the complaint was raised on appeal in the administrative proceedings   48731/22 05/10/2022 Aleksandr Vladimirovich TREGUBOV 1992   Varvara Dmitriyevna Mikhaylova St Petersburg Anti-war protest   St Petersburg   25/02/2022 article 20.2.2. § 1 of CAO fine of RUB 10,000 St Petersburg City Court 07/06/2022 Art. 5 (1) - unlawful detention - Arrest and detention on 25/02/2022 - 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); the complaint was raised on appeal in the administrative proceedings,   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   48751/22* 20/09/2022 Andrey Olegovich IVANOV 1991   Anastasiya Vladimirovna Pilipenko St Petersburg Anti-war protest   St Petersburg   06/03/2022 article 20.2.2. § 1 of CAO fine of RUB 10,000 St Petersburg City Court 26/05/2022 Art. 5 (1) - unlawful detention - Arrest and detention on 06/03/2022 - 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); the complaint was raised on appeal in the administrative proceedings,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings  Citations
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Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;COMMUNICATEDCASES;ENG
- Date
- 11 janvier 2024
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:001-230615
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