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   SECOND SECTION Application no.   1445/21 Aleksey Alekseyevich NOSOV against Russia and 18 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     1445/21* 08/12/2020 Aleksey Alekseyevich NOSOV 1977     Event to mark the 150th anniversary of the birth of V.   Lenin   Tula   22/04/2020 article 20.6.1 §   1 of CAO fine of RUB   25,000 Tula Regional Court 08/06/2020 Art. 5 (1) – unlawful detention - arrest, escorting to a police station, detention on 22/04/2020 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     45804/21 03/09/2021 Aleksandr Mikhaylovich IVANOV 1999 Mariya Sergeyevna Zyryanova St   Petersburg Rally in support of A. Navalnyy   St   Petersburg   31/01/2021 article 20.2.2. §   1 of CAO administrative detention for 8   days St   Petersburg City Court 04/03/2021 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, 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,   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     51792/21 30/09/2021 Aleksandra Anatolyevna NOVIKOVA 1985 Ernest Aleksandrovich Mezak Saint-Barthélemy-d’Anjou Rally in support of A. Navalnyy   Petropavlovsk- Kamchatskiy   23/01/2021 article 20.6.1 §   1 of CAO fine of RUB   1,000 Kamchatka Regional Court 31/03/2021 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 the trial the police officers on whose written statements the applicant’s conviction was based     59473/21 02/12/2021 Artem Aleksandrovich IVANOV 1995 Maksim Ivanovich Kamakin St   Petersburg Rally in support of A. Navalnyy   St   Petersburg   31/01/2021 article 20.2.2. §   1 of CAO fine of RUB   13,000 St   Petersburg City Court 08/06/2021 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, 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     60878/21 03/12/2021 Darya Aleksandrovna DENISOVA 1992 Maksim Ivanovich Kamakin St   Petersburg Rally in support of A. Navalnyy   St   Petersburg   31/01/2021 article 20.2.2. §   1 of CAO fine of RUB   13,000 St   Petersburg City Court 08/06/2021 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, 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     2282/22* 06/12/2021 Stepan Stepanovich FILIPPOV 1960 Aleksey Vladimirovich Glukhov Novocheboksarsk Rally in support of A.   Navalnyy   Cheboksary   23/01/2021 article 20.2 §   5 of CAO fine of RUB   10,000 Supreme Court of the Chuvashia Republic 17/08/2021 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,   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 - second set of proceedings,   Art. 10 (1) - disproportionate measures against solo demonstrators - Cheboksary, 05/08/2020, solo demonstration against the refusal to register the applicant as candidate for local elections - conviction under article 20.2-1 of CAO, fine of RUB   10,000, final judgment of 26/08/2021 by the Supreme Court of the Republic of Chuvashia     2453/22* 20/12/2021 Viktor Vladimirovich SHALYAKIN 1959 Konstantin Aleksandrovich Markin Velikiy Novgorod Congress of municipal deputies   Novgorod   22/05/2021 article 20.6.1 §   1 of the CAO         and       article 19.3 §   1 of CAO fine of RUB   3,000         and       fine of RUB   3,000 Novgorod Regional Court 24/06/2021       and       Novgorod Regional Court 24/06/2021 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 22/05/2021 and 24/05/2021 as administrative suspect, pending trial, 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, both sets of proceedings,   Art. 6 (1) - lack of impartiality of tribunal - case under art. 20.6.1 §   1 of the CAO adjudicated on appeal by the same judge as the case under art. 19.3 of the CAO, examination of the challenge for bias against the judge of the appeal instance the judge herself in breach of the nemo judex in causa sua principle ( Kolesnikova v.   Russia , no.   45202/14, §§   49-59, 2 March 2021)   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was prosecuted twice under Art. 19.3   §   1 of the CAO (fine of RUB   3,000) and Art. 20.6.1   §   1 of the CAO (fine of RUB   3,000) (final judgments for both sets of proceedings given by the Novgorod Regional Court on 24/06/2021) - partial overlap of the facts constituting the basis for the prosecution     5179/22 30/12/2021 Tatyana Vladimirovna SHUNKOVA   Natalya Andreyevna Balog Krasnoyarsk Rally in support of A.   Navalnyy   Krasnoyarsk   23/01/2021       Rally in support of A.   Navalnyy   Krasnoyarsk   31/01/2021 article 20.2 §   5 of CAO               article 20.2 §   5 of CAO fine of RUB   10,000               fine of RUB   10,000 Krasnoyarsk Regional Court 15/07/2021             Krasnoyarsk Regional Court 01/07/2021 Art. 5 (1) - unlawful detention - arrest, escorting to a police station on 31/01/2021 for the sole purpose of drawing up an offence record (such record only complied on 05/02/2021),   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,   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     9491/22* 27/01/2022 Anna Fedorovna CHEREPANOVA 1973 Konstantin Aleksandrovich Markin Velikiy Novgorod Congress of municipal deputies   Novgorod   22/05/2021 article 20.6.1 §   1 of CAO fine of RUB   3,000 Novgorod Regional Court 30/07/2021 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   13915/22 08/02/2022 Stanislav Vasilyevich TANANUSHKO 1994 Varvara Dmitriyevna Mikhaylova St   Petersburg Rally in support of A. Navalnyy   St   Petersburg   31/01/2021 article 20.2.2 §   1 of CAO administrative detention for 10   days St   Petersburg City Court 10/08/2021 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 in the trial the police officer on whose written statements the applicant’s conviction was based   35392/22* 08/07/2022 Yuliya Vadimovna ZABOLOTSKIKH 2001     Rally in support of A.   Navalnyy   St   Petersburg   21/04/2021 article 20.2.2 §   1 of CAO By the judgment of the first- instance court of 22/04/2021 the applicant was convicted as charged and sentenced to administrative detention of 8   days (served in full),   after one round of quashing and a fresh examination of the case, the proceedings were discontinued by the appeal court for the expiry of the prosecution period St   Petersburg City Court 13/03/2022   proceedings discontinued on account of the expiry of the prosecution period Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 21/04/2021 and 22/04/2021 as administrative suspect, pending trial and after the offence record had been compiled,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 22/04/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   36811/22 14/07/2022 Karina Romanovna KIM 2002 Sergey Aleksandrovich Loktev St   Petersburg Anti-war rally   St   Petersburg   25/02/2022         Anti-war rally   St   Petersburg   28/02/2022 article 20.2.2. §   1 of CAO               article 20.2.2. §   1 of CAO fine of RUB   20,000               fine of RUB   10,000 St   Petersburg City Court 26/04/2022             St   Petersburg City Court 12/04/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record (i) between 25/02/2022 and 26/02/2022 as administrative suspect, pending trial and after the offence record was compiled, and (ii) between 28/02/2022 and 01/03/2022 as administrative suspect, pending trial and after the offence record was 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 the trial the police officers on whose written statements the applicant’s conviction was based -both sets of proceedings   38779/22 28/07/2022 Aleksandra Yuryevna SKOCHILENKO 1990 Varvara Dmitriyevna Mikhaylova St   Petersburg Anti-war rally   St Petersburg   03/03/2022 article 20.2.2. §   1 of CAO administrative fine of RUB   10,000 Saint-Petersburg City Court 12/04/2022 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 03/03/2022 and 04/03/2022 as administrative suspect, pending trial and after the offence record had been drawn up,   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   44417/22 19/08/2022 Oleg Sergeyevich KADNIKOV 1991 Nikifor Yuryevich Ivanov St   Petersburg Anti-war protest   St   Petersburg   06/03/2022 article 20.2.2. §   1 of CAO administrative detention of 3   days St   Petersburg City Court 19/04/2022 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 and after the record of the offence 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,   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   46151/22 15/09/2022 Daniil Vladislavovich BAYGOZIN 1992 Varvara Dmitriyevna Mikhaylova St   Petersburg Anti-war protest   St   Petersburg   27/02/2022 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, escorting to a police station detention between 27/02/2022 and 28/02/2022 as administrative suspect, pending trial and after the record of the offence 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   46909/22* 09/09/2022 Yekaterina Igorevna BRAZHNIK 2001 Sergey Viktorovich Podolskiy 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 19/05/2022 Art. 5 (1) - unlawful detention – arrest, escorting to and detention at the police station on 06/03/2022 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,   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   47345/22* 14/09/2022 Daniil Sergeyevich GRACHEV 1993 Yekaterina Viktorovna Gerasimova St   Petersburg Anti-war rally   St   Petersburg   02/03/2022 article 20.2.2. §   1 of CAO fine of RUB   15,000 St   Petersburg City Court 31/05/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station on 02/03/2022 for compiling 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,   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   50650/22* 14/09/2022 Aleksandra Vladimirovna GOLUBEVA 1992 Ruslan Vladimirovich Sozonov Nizhniy Novgorod Anti-war protest   St   Petersburg   27/02/2022 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, escorting to and detention at the police station between 27/02/2022 and 28/02/2022 as administrative suspect, pending trial and after the record of the offence 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   9562/23* 01/02/2023 Darya Olegovna SIDOROVA 1998 Olesya Anatolyevna Vasilchenko Minyar Anti-war rally   St   Petersburg   06/03/2022 article 20.2.2. §   1 of CAO fine of RUB   12,000 St   Petersburg City Court 04/10/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station between 06/03/2022 and 07/03/2022 as administrative suspect, pending trial, after the offence record had been compiled