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   THIRD SECTION Application no.   44131/18 Vyacheslav Aleksandrovich GOLIKOV 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 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     44131/18* 29/08/2018 Vyacheslav Aleksandrovich GOLIKOV 1970 Ani Mesropovna Agagyulyan Moscow Rally "Free Navalnyy"   Moscow   31/01/2021 Article 20.2 § 5 of CAO fine of RUB   15,000 Moscow City Court 03/06/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report on (1) 12/06/2017 between 02.25 p.m. and 05.30 p.m. and (2) between 31/01/2021 03.45 p.m. and 01/02/2021 01.30 a.m.,   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 (3) (d) - examination/attendance of witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based (2nd set of proceedings),   Art. 10 (1) - disproportionate measures against solo demonstrators - disproportionate interference with his freedom of expression on account of his conviction under Art. 20.2 § 5 CAO for having participated in unauthorised public event on 12/06/2017 in Moscow and for having worn a tee-shirt with a slogan offensive to the President of the Russian Federation, penalty of RUB   15,000, final decision Moscow City Court 06/03/2018     46935/21* 01/09/2021 Maksim Yevgenyevich KLIMOV 1992 Nikita Nikolayevich Tkachenko Belgorod Rally "Free Navalnyy"   Belgorod   23/01/2021   Rally "Free Navalnyy"   Belgorod   21/04/2021 Article 20.2 § 2 of CAO           Article 20.2 § 8 of CAO detention of 9   days           detention for 25 days Belgorod Regional Court 01/03/2021         Belgorod Regional Court 27/04/2021       47391/21* 16/09/2021 Ignatiy Vitalyevich KUPTSOV 1988 Ivan Yuryevich Zhdanov Vilnius Rally "Free Navalnyy"   Tomsk   31/01/2021 Article 20.2 § 5 of CAO fine of RUB   15,000 Tomsk Regional Court 18/03/2021 Art. 10 (1) - conviction for making calls to participate in public events - disproportionate interference with his freedom of expression on account of his conviction under Art. 20.2 § 8 CAO for having published on his page "VKontakte" calls for participation in a rally to support A. Navalnyy on 21/04/2021 in Tomsk, sentenced to detention of 25 days, final decision Tomsk Regional Court on 04/05/2021,   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 the trial the police officers on whose written statements the applicant’s conviction was based (both sets of proceedings).     49531/21* 16/09/2021 Angelina Nikolayevna YUGANOVA 1972 Nikolay Sergeyevich Zboroshenko Mytishchi Rally “Free Navalnyy”   Moscow   23/01/2021 Article 20.2 § 8 of CAO fine of RUB   200,000 Moscow City Court 26/04/2021 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.     49598/21* 21/09/2021 Vsevolod Aleksandrovich ZAYTSEV 2002 Nikolay Sergeyevich Zboroshenko Mytishchi Rally “Free Navalnyy”   Moscow   31/01/2021   Rally “Free Navalnyy”   Moscow   21/04/2021 Article 20.2 § 5 of CAO           Article 20.2 § 8 of CAO fine of RUB   20,000           detention for 20 days Moscow City Court 23/08/2021           Moscow City Court 28/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station on 31/01/2021 and 25/04/2021 for compiling an offence report,   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).     51076/21* 01/10/2021 Natalya Gennadyevna CHEKHLENKO 1963     Rally "Free Navalnyy"   Blagoveshchensk   23/01/2021 Article 20.2 § 5 of CAO fine of RUB   10,000 Amur Regional Court 01/04/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 for compiling an offence report,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings     51945/21* 13/10/2021 Aleksandr Vladimirovich PICHUGIN 1973 Andrey Olegovich Valenkov Nizhniy Novgorod Rally "Free Navalnyy"   Nizhniy Novgorod   31/01/2021 Article 20.2 §   6.1 of CAO fine of RUB   10,000 Nizhniy Novgorod Regional Court 15/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report between 31/01/2021 12.13   p.m. and 01/02/2021 at 03.15 p.m.,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of the 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 – final decision on 15/04/2021,   Art. 10 (1) - various restrictions on the right to freedom of expression - conviction under Art. 207.1 of the Criminal Code (dissemination of untrue information on the Internet, creating a threat to public order) for his post on Telegram in which he had satirically referred to the failure to observe sanitary restrictions due to COVID-19 during the Orthodox celebrations, penalty fine of RUB   300,000, final decision by the Russian Supreme Court on 10/02/2022.     52247/21* 01/10/2021 Ilya Valeryevich AKSENOV 2001   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow   23/01/2021 Article 20.2 § 5 of CAO fine of RUB   20,000 Moscow City Court 02/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report on 23/01/2021 between 03.30   p.m. and 00.00,   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     52263/21* 11/10/2021 Lev Markovich SHLOSBERG 1963 Tatyana Georgiyevna Martynova Pskov Rally "Free Navalnyy"   Pskov   23/01/2021 Article 20.2 § 2 of CAO fine of RUB   20,000 Pskov Regional Court 12/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report on 23/01/2021 (several hours),   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),   Art. 10 (1) - various restrictions on the right to freedom of expression - conviction under Art. 20.3.3 § 1 CAO for publicly disseminating information, which the Russian authorities considered to be tarnishing the image of the Russian military (stream on crimes in Bucha), penalty fine of RUB   32,000, final decision Pskov Regional Court on 30/05/2022.   54907/21 12/10/2021 Anastasiya Alekseyevna SHVAREVA 1998 Ernest Aleksandrovich Mezak Saint-Barthélemy-d’Anjou Rally "Free Navalnyy"   Syktyvkar   31/01/2021 Article 20.2 § 5 of CAO fine of RUB   5,000 Supreme Court of the Komi Republic 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.   60617/21* 16/11/2021 Olga Nikolayevna VOLKOVA 1980 Marina Alekseyevna Dubrovina Novorossiysk Rally "Free Navalnyy"   Anapa   23/01/2021 Article 20.2 § 5 of CAO fine of RUB   10,000 Krasnodar Regional Court 17/05/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - overlap of the facts constituting the basis for the applicant’s prosecution in the second set of proceedings (Art. 20.2 § 5 CAO) with substantially the same facts underlying her conviction in the first set of proceedings (Art. 19.3 § 1 CAO).   61779/21* 03/12/2021 Sergey Sergeyevich OSTRIKOV 1991 Daniil Alekseyevich Polyakov Voronezh Rally "Free Navalnyy"   Voronezh   23/01/2021   Rally "Free Navalnyy"   Voronezh   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 Voronezh Regional Court 30/08/2021         Voronezh Regional Court 04/06/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report on (1) 23/01/2021 between 4.40 p.m. and 11.00 p.m. and (2) on 31/01/2021 between 12.40 p.m. and 4.15 p.m.,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the proceedings 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 (both sets of proceedings).   3320/22* 22/12/2021 Aleksandr Sergeyevich KNYAZEV 1995 Daniil Alekseyevich Polyakov Voronezh Rally "Free Navalnyy"   Voronezh   31/01/2021   Rally "Free Navalnyy"   Voronezh   21/04/2021 Article 20.2 § 5 of CAO           Article 20.2 § 5 of CAO fine of RUB   10,000           fine of RUB   10,000 Voronezh Regional Court 23/06/2021         Voronezh Regional Court 19/10/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report on (1) 31/01/2021 between 2.00   p.m. and 9.50 p.m. and (2) 21/04/2021 between 7.30 p.m. and 11.30 p.m.,   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 in the first set of proceedings.   8029/22 24/01/2022 Grigoriy Nikolayevich KABLIS 1976 Ernest Aleksandrovich Mezak Saint-Barthélemy-d’Anjou Rally "Free Navalnyy"   Syktyvkar   23/01/2021   Anti-war protest (against war in Ukraine)   Syktyvkar   24/02/2022 Article 20.2 § 5 of CAO           Article 19.3 § 8 of CAO fine of RUB   10,000           detention for 12 days Supreme Court of the Komi Republic 29/09/2021         Supreme Court of the Komi Republic 04/03/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report on (1) 23/01/2021 between 3.30 p.m. and 7.00 p.m. and (2) 24/02/2022 and on 02-03/03/2022,   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,   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 (2nd set of proceedings).   33740/22* 04/06/2022 Yuliya Vyacheslavovna KUMIROVA 1996 Natalya Andreyevna Baranova Moscow Rally "Free Navalnyy"   Moscow   21/04/2021   Anti-war rally   Moscow   02/03/2022 Article 20.2 § 5 of CAO           Article 20.2 § 8 of CAO fine of RUB   10,000           detention for 10 days Moscow City Court 17/12/2021           Moscow City Court 11/03/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report between 02/03/2022 at 7.30   p.m. and 04/03/2022 at 7.30 p.m.,   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),   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.