CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 16 janvier 2024
- ECLI
- ECLI:CEDH:001-230987
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- 16 janvier 2024
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- 16 janvier 2024
droits fondamentauxCEDH
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.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s25D5DE94 { margin-top:66pt; margin-bottom:0pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:7pt } .s5FFF0A75 { margin-top:0pt; margin-bottom:0pt; font-size:7pt } .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 } .s7ED160F0 { text-decoration:none } .s26725EEE { font-family:Arial; font-size:5.33pt; font-weight:bold; vertical-align:super; color:#0069d6 } .s2BE0B0A7 { height:19.15pt } .sA2B60C7F { height:109.35pt } .s86063B04 { height:196.4pt } .s4CDDCFDE { height:160.55pt } .sBD398297 { height:172.1pt } .s3091C619 { height:113.75pt } .sFF24EE5D { height:166.05pt } .s560FF069 { font-family:Arial; font-size:8pt; list-style-position:inside } .sF11CB1F3 { height:103.8pt } .sB16C0CC5 { height:163.35pt } .sAC160DAD { width:15.43pt; font:7pt 'Times New Roman'; display:inline-block } .sB660AF4A { height:163.5pt } .s55CB2762 { height:92.5pt } .s5765B7A7 { height:106.65pt } .s74FF26AD { height:114.9pt } .s7111C6AF { height:160.7pt } .s4AC8B0A7 { height:18.45pt } .s4A06B0A7 { height:18.25pt } .s74FF2640 { height:119.9pt } .sF6A12959 { width:33%; height:1px; text-align:left } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } .s653E6C45 { font-family:Arial; font-size:6.67pt; vertical-align:super; color:#0069d6 } .sB853CD26 { font-family:Arial; font-size:8pt } Published on 5 February 2024   THIRD SECTION Application no. 13505/20 ANTI-CORRUPTION FOUNDATION (FBK) and Others against Russia and 139 other applications (see list appended) communicated on 16 January 2024 SUBJECT MATTER OF THE CASE The applications pertain to a range of measures taken against Mr Aleksey Navalnyy, his associates, and their family members, all of whom are Russian nationals, with the exception of Mr Los, who is Belarusian. These measures also targeted the applicant organisations affiliated with Mr Navalnyy, including the Anti-Corruption Foundation (“the FBK”), the Foundation for the Protection of Civil Rights (“Shtab”), and OOO “Strana Prilivov”, all of which were incorporated under Russian law. In 2019, a criminal investigation was initiated into suspected money ‑ laundering by the FBK and its members. This investigation entailed a widespread operation, involving searches of numerous office locations and private homes of Mr Navalnyy’s associates in Moscow and across various Russian regions. The bank accounts of many individuals associated with those organisations, as well as these organisations’ accounts, were frozen; this measure continued to be enforced throughout 2020-2021. On 31 August 2021, the FBK and the Foundation for the Protection of Civil Rights were deregistered following their designation as “extremist” organisations by domestic courts. This led to further criminal charges against Mr Navalnyy and his associates for their involvement with these designated “extremist” organisations, as well as to their ineligibility to stand for elections. The complaints in respect of each applicant are described in the Appendix.     QUESTIONS TO THE PARTIES 1.     In cases concerning searches of the applicant organisations’ offices, home searches of other applicants, the freezing of the applicants’ bank accounts, and the seizure of their property during the searches, has there been a violation of Articles 8, 10 and 11 of the Convention and Article 1 of Protocol No. 1 to the Convention? 2.     Has there been a violation of Articles 10 and 11 of the Convention on account of Anti-Corruption Foundation’s listing as a “foreign agent” as well as its designation as “extremist”, together with the Foundation for the Protection of Civil Rights, and their subsequent deregistration? Has there been a breach of the applicants’ right under Article 3 of Protocol No. 1 to the Convention to stand for elections, as a consequence of their involvement in these organisations (where relevant)? 3.     Did the applicants have at their disposal effective domestic remedies in respect of their complaints under Articles 8, 10 and 11 of the Convention and Article 1 of Protocol No. 1 to the Convention (where relevant), as required by Article 13 of the Convention? 4.     Has there been a violation of Article 18 of the Convention in conjunction with Articles 8, 10 and 11 of the Convention and Articles 1 and   3 of Protocol No. 1 to the Convention (where relevant), on account of the aforementioned measures taken in respect of the applicants?       APPENDIX List of cases:   No. Application no. Date of introduction Applicant’s name Year of birth/registration Representative’s name and location Complaints     13505/20 03/03/2020 ANTI-CORRUPTION FOUNDATION (FBK) [1] 2011   Philip Leach St Albans, United Kingdom Art. 8 (1) – unlawful search – (1) search of the office on 08/08/2019, 170 items of property seized, authorised on 20/05/2020 by the Basmannyy District Court of Moscow, appeal dismissed on 21/09/2020 by the Moscow City Court; (2) “urgent” search of the office on 15/10/2019 and seizure of various items, no prior judicial authorisation, on 20/02/2020 the Basmannyy District Court of Moscow declared the search lawful, appeal dismissed on 12/07/2021 by the Moscow City Court;   Art. 11 (1) and Art. 10 (1) – freedom of association and freedom of expression – the measures taken against the applicant, including mass searches and freezing of bank accounts as well as official listing of the applicant as a “foreign agent”, prevented it from exercising its regular activities;   Art. 13 – lack of any effective remedy in domestic law – in respect of the searches of the office and freezing of bank accounts as well as the FBK’s listing as a “foreign agent”;   Art. 18 – application of restrictions only for prescribed purposes – when taking the measures against the FBK, namely the searches of the office, freezing of bank accounts, its listing as a “foreign agent”, the authorities pursued an ulterior purpose of suppressing its activities;   Prot. 1 Art. 1 – interference with peaceful enjoyment of possessions – (1) seizure and retention of belongings seized during the searches; (2) freezing of the applicant’s bank accounts (freezing orders of 19/08/2019, 29/08/2019, 20/09/2019, 24/12/2019 Basmannyy District Court of Moscow (Alfa-bank), appeals Moscow City Court 23/09/2019, 25/11/2019, 16/03/2020; collective extension order of 31/07/2020, appeal Moscow City Court 03/12/2020). FOUNDATION FOR THE PROTECTION OF CIVIL RIGHTS [2] (“SHTAB”) 2019   Philip Leach St Albans, United Kingdom Art. 8 (1) – unlawful search – “urgent” search of the office on 15/10/2019, no prior judicial authorisation, on 20/02/2020 the Basmannyy District Court of Moscow declared the search lawful, appeal pending;   Art. 11 (1) and Art. 10 (1) – freedom of association and freedom of expression – interference on account of the search and freezing of bank accounts;   Art. 13 – lack of any effective remedy in domestic law – in respect of the search and freezing of bank accounts;   Art. 18 – application of restrictions only for prescribed purposes – search and freezing of bank accounts;   Prot. 1 Art. 1 – interference with peaceful enjoyment of possessions – (1) seizure and retention of belongings seized during the searches; (2) freezing of the applicant’s bank accounts (freezing orders of 19/08/2019 and 27/09/2019 Basmannyy District Court of Moscow (Alfa-bank), appeals Moscow City Court 23/09/2019 and 05/12/2019; collective extension order of 31/07/2020, appeal Moscow City Court 03/12/2020). OOO STRANA PRILIVOV [3] 2017   Philip Leach St Albans, United Kingdom Art. 8 (1) – unlawful search – “urgent” search of the offices on 12/09/2019, no prior judicial authorisation, on 06/02/2020 the Basmannyy District Court of Moscow declared the search lawful, appeal dismissed on 18/11/2020 by the Moscow City Court;   Art. 11 (1) and Art. 10 (1) – freedom of association and freedom of expression – interference on account of the search and freezing of bank accounts;   Art. 13 – lack of any effective remedy in domestic law – in respect of the search and freezing of bank accounts;   Art. 18 – application of restrictions only for prescribed purposes – search and freezing of bank accounts;   Prot. 1 Art. 1 – interference with peaceful enjoyment of possessions – (1) seizure and retention of belongings seized during the searches; (2) freezing of the applicant’s bank accounts (freezing order of 11/09/2019 Basmannyy District Court of Moscow (Raiffeisenbank), appeal Moscow City Court 14/10/2019; collective extension order of 31/07/2020, appeal Moscow City Court 03/12/2020). Aleksey Anatolyevich NAVALNYY 1976 Philip Leach St Albans, United Kingdom Art. 11 (1) and Art. 10 (1) – freedom of association and freedom of expression – interference on account of the freezing of bank accounts;   Art. 13 – lack of any effective remedy in domestic law – in respect of the freezing of bank accounts;   Art. 18 – application of restrictions only for prescribed purposes – freezing of bank accounts;   Prot. 1 Art. 1 – interference with peaceful enjoyment of possessions – freezing of the applicant’s bank accounts (freezing orders of 27/02/2020 Basmannyy District Court of Moscow (Sberbank, Alfa-bank, VTB Bank, Raiffeisen Bank), appeals Moscow City Court 22/06/2020; collective extension order of 31/07/2020, appeal Moscow City Court 03/12/2020). Sergey Andreyevich BOYKO 1983 Philip Leach St Albans, United Kingdom Art. 8 (1) – unlawful search – search of the applicant’s flat on 12/09/2019, authorised on 02/09/2019 by the Basmannyy District Court of Moscow, appeal dismissed on 04/12/2019 by the Moscow City Court;   Art. 11 (1) and Art. 10 (1) – freedom of association and freedom of expression – interference on account of the search of the flat;   Art. 13 – lack of any effective remedy in domestic law – in respect of the search of the flat;   Art. 18 – application of restrictions only for prescribed purposes – search of the flat. Liliya Ayratovna CHANYSHEVA 1982   Philip Leach St Albans, United Kingdom Art. 8 (1) – unlawful search – search of the applicant’s flat on 12/09/2019, authorised on 04/09/2019 by the Basmannyy District Court of Moscow, appeal dismissed on 11/11/2019 by the Moscow City Court;   Art. 11 (1) and Art. 10 (1) – freedom of association and freedom of expression – interference on account of the search of the flat;   Art. 13 – lack of any effective remedy in domestic law – in respect of the search of the flat;   Art. 18 – application of restrictions only for prescribed purposes – search of the flat. Vyacheslav Ilyich GIMADI 1985 Philip Leach St Albans, United Kingdom Art. 8 (1) – unlawful search – “urgent” search of the applicant’s flat on 08/08/2019, no prior judicial authorisation, on 22/04/2020 the Basmannyy District Court of Moscow declared the search lawful, appeal dismissed on 17/06/2020 by the Moscow City Court;   Art. 11 (1) and Art. 10 (1) – freedom of association and freedom of expression – on account of the search of the flat and freezing of bank accounts;   Art. 13 – lack of any effective remedy in domestic law – in respect of the search of the flat and freezing of bank accounts;   Art. 18 – application of restrictions only for prescribed purposes – search of the flat and freezing of bank accounts;   Prot. 1 Art. 1 – interference with peaceful enjoyment of possessions – (1) seizure and retention of belongings seized during the searches; (2) freezing of the applicant’s bank accounts (freezing orders of 06/08/2019 Presnenskiy District Court of Moscow (Alfa-bank) and 19/08/2019 Basmannyy District Court of Moscow (Alfa-bank), appeals Moscow City Court 09/09/2019 and 23/09/2019; collective extension order of 31/07/2020, appeal Moscow City Court 03/12/2020). Olga Andreyevna GUSEVA 1995 Philip Leach St Albans, United Kingdom Art. 8 (1) – unlawful search – search of the applicant’s flat on 12/09/2019, authorised on 04/09/2019 by the Basmannyy District Court of Moscow, appeal dismissed on 11/11/2019 by the Moscow City Court;   Art. 11 (1) and Art. 10 (1) – freedom of association and freedom of expression – interference on account of the search of the flat and freezing of bank accounts;   Art. 13 – lack of any effective remedy in domestic law – in respect of the search of the flat and freezing of bank accounts;   Art. 18 – application of restrictions only for prescribed purposes – search of the flat and freezing of bank accounts;   Prot. 1 Art. 1 – interference with peaceful enjoyment of possessions – (1) seizure and retention of belongings seized during the searches; (2) freezing of the applicant’s bank accounts (freezing order of 04/09/2019 Basmannyy District Court of Moscow (Sberbank), appeal Moscow City Court 24/12/2019; collective extension order of 31/07/2020, appeal Moscow City Court 03/12/2020). Aleksandr Yevgenyevich POMAZUYEV 1982 Philip Leach St Albans, United Kingdom Art. 8 (1) – unlawful search – “urgent” search of the applicant’s flat on 08/08/2019, no prior judicial authorisation, on 09/08/2019 the Basmannyy District Court of Moscow declared the search lawful, appeal dismissed on 01/06/2020 by the Moscow City Court;   Art. 11 (1) and Art. 10 (1) – freedom of association and freedom of expression – on account of the search of the flat and freezing of bank accounts;   Art. 13 – lack of any effective remedy in domestic law – in respect of the search of the flat and freezing of bank accounts;   Art. 18 – application of restrictions only for prescribed purposes – search of the flat and freezing of bank accounts;   Prot. 1 Art. 1 – interference with peaceful enjoyment of possessions – (1) seizure and retention of belongings seized during the searches; (2) freezing of the applicant’s bank accounts (freezing orders of 06/08/2019 Presnenskiy District Court of Moscow (Sberbank) and 19/08/2019 Basmannyy District Court of Moscow (Alfa-bank), appeals Moscow City Court 30/09/2019 and 23/09/2019; collective extension order of 31/07/2020, appeal Moscow City Court 03/12/2020). Leonid Mikhaylovich VOLKOV 1980   Philip Leach St Albans, United Kingdom Art. 11 (1) and Art. 10 (1) – freedom of association and freedom of expression – interference on account of the freezing of bank accounts;   Art. 13 – lack of any effective remedy in domestic law – in respect of the freezing of bank accounts;   Art. 18 – application of restrictions only for prescribed purposes –freezing of bank accounts;   Prot. 1 Art. 1 – interference with peaceful enjoyment of possessions – freezing of the applicant’s bank accounts (freezing orders of 06/08/2019 Presnenskiy District Court of Moscow (Sberbank, Alfa-bank, Avangard Bank) and 19/08/2019 Basmannyy District Court of Moscow (Alfa-bank), appeals Moscow City Court 11/09/2019, 23/09/2019 and 25/09/2019; collective extension order of 31/07/2020, appeal Moscow City Court 03/12/2020). Yevgeniy Mikhaylovich ZAMYATIN 1989 Philip Leach St Albans, United Kingdom Art. 8 (1) – unlawful search – “urgent” search of the applicant’s flat on 08/08/2019, no prior judicial authorisation, on 03/07/2020 the Basmannyy District Court of Moscow declared the search lawful, appeal dismissed on 28/10/2020 by the Moscow City Court;   Art. 11 (1) and Art. 10 (1) – freedom of association and freedom of expression – on account of the search of the flat and freezing of bank accounts;   Art. 13 – lack of any effective remedy in domestic law – in respect of the search of the flat and freezing of bank accounts;   Art. 18 – application of restrictions only for prescribed purposes – search of the flat and freezing of bank accounts;   Prot. 1 Art. 1 – interference with peaceful enjoyment of possessions – (1) seizure and retention of belongings seized during the searches; (2) freezing of the applicant’s bank accounts (freezing orders of 06/08/2019 Presnenskiy District Court of Moscow (Alfa-bank, Bank “Otkrytiye”, Bank “Russkiy standart”, Sberbank) and 19/08/2019 Basmannyy District Court of Moscow (Alfa-bank), appeals Moscow City Court 09/09/2019 and 23/09/2019; collective extension order of 31/07/2020, appeal Moscow City Court 03/12/2020).     14045/20 28/02/2020 Aleksey Aleksandrovich LAVRINENKOV 1982 Igor Nikolayevich Sholokhov Kazan Art. 8 (1) – unlawful search – search of the applicant’s flats on 12/09/2019 and 13/09/2019, authorised on 02/09/2019 by the Basmannyy District Court of Moscow, appeal dismissed on 11/11/2019 by the Moscow City Court;   Art. 11 (1) – freedom of association – interference on account of the search of the flat and freezing of bank accounts;   Art. 13 – lack of any effective remedy in domestic law – in respect of the search of the flat and freezing of bank accounts;   Art. 18 – application of restrictions only for prescribed purposes – search of the flat and freezing of bank accounts;   Prot. 1 Art. 1 – interference with peaceful enjoyment of possessions – freezing of the applicant’s bank accounts (freezing order of 02/09/2019 Basmannyy District Court of Moscow (Sberbank), appeal Moscow City Court 05/12/2019; collective extension order of 31/07/2020, appeal pending).     14079/20 28/02/2020 Semen Aleksandrovich KOCHKIN 1993 Igor Nikolayevich Sholokhov Kazan Art. 8 (1) – unlawful search – search of the applicant’s flats on 12/09/2019, authorised on 04/09/2019 by the Basmannyy District Court of Moscow, appeal dismissed on 28/10/2019 by the Moscow City Court;   Art. 11 (1) – freedom of association – interference on account of the search of the flat and freezing of bank accounts;   Art. 13 – lack of any effective remedy in domestic law – in respect of the search of the flat and freezing of bank accounts;   Art. 18 – application of restrictions only for prescribed purposes – search of the flat and freezing of bank accounts;   Prot. 1 Art. 1 – interference with peaceful enjoyment of possessions – freezing of the applicant’s bank accounts (freezing order of 04/09/2019 Basmannyy District Court of Moscow (Alfa-bank), appeal Moscow City Court 24/12/2019; collective extension order of 31/07/2020, appeal Moscow City Court 03/12/2020).     14120/20 28/02/2020 Olga Aleksandrovna KARTAVTSEVA 1980 Igor Nikolayevich Sholokhov Kazan Art. 8 (1) – unlawful search – search of the applicant’s flat on 23/09/2019, authorised on 04/09/2019 by the Basmannyy District Court of Moscow, appeal dismissed on 08/11/2019 by the Moscow City Court;   Art. 11 (1) – freedom of association – interference on account of the search of the flat and freezing of bank accounts;   Art. 13 - lack of any effective remedy in domestic law - in respect of the search of the flat and freezing of bank accounts;   Art. 18 – application of restrictions only for prescribed purposes – search of the flat and freezing of bank accounts;   Prot. 1 Art. 1 – interference with peaceful enjoyment of possessions – freezing of the applicant’s bank accounts (freezing order of 04/09/2019 Basmannyy District Court of Moscow (Sberbank), appeal Moscow City Court 14/11/2019; collective extension order of 31/07/2020, appeal Moscow City Court 03/12/2020).     14404/20 28/02/2020 Daniil Olegovich KEN 1988 Igor Nikolayevich Sholokhov Kazan Art. 8 (1) – unlawful search – search of the applicant’s flat on 12/09/2019, authorised on 04/09/2019 by the Basmannyy District Court of Moscow, appeal dismissed on 06/11/2019 by the Moscow City Court;   Art. 11 (1) – freedom of association – interference on account of the search of the flat and freezing of bank accounts;   Art. 13 – lack of any effective remedy in domestic law – in respect of the search of the flat and freezing of bank accounts;   Art. 18 – application of restrictions only for prescribed purposes – search of the flat and freezing of bank accounts;   Prot. 1 Art. 1 – interference with peaceful enjoyment of possessions – freezing of the applicant’s bank accounts (freezing order of 04/09/2019 Basmannyy District Court of Moscow (Sberbank), appeal Moscow City Court 14/11/2019; collective extension order of 31/07/2020, appeal Moscow City Court 03/12/2020).     14405/20 27/02/2020 Viktor Vyacheslavovich LUTCHENKO 1989 Igor Nikolayevich Sholokhov Kazan Art. 8 (1) – unlawful search – search of the applicant’s flat on 12/09/2019, authorised on 04/09/2019 by the Basmannyy District Court of Moscow, appeal dismissed on 27/11/2019 by the Moscow City Court;   Art. 11 (1) – freedom of association – interference on account of the search of the flat and freezing of bank accounts;   Art. 13 – lack of any effective remedy in domestic law – in respect of the search of the flat, seizure of belongings and freezing of bank accounts;   Art. 18 – application of restrictions only for prescribed purposes – search of the flat, seizure of belongings and freezing of bank accounts;   Prot. 1 Art. 1 – interference with peaceful enjoyment of possessions – (1) seizure and retention of seized electronic devices and mobile phone, (2) freezing of the applicant’s bank accounts (freezing order of 04/09/2019 Basmannyy District Court of Moscow (Sberbank), appeal Moscow City Court 25/12/2019; collective extension order of 31/07/2020, appeal Moscow City Court 03/12/2020).     14409/20 28/02/2020 Aleksandr Olegovich TIKHONOV 1990 Igor Nikolayevich Sholokhov Kazan Art. 8 (1) – unlawful search – search of the applicant’s flats on 12/09/2019, authorised on 04/09/2019 by the Basmannyy District Court of Moscow, appeal dismissed on 18/11/2019 by the Moscow City Court;   Art. 11 (1) – freedom of association – interference on account of the search of the flat;   Art. 13 – lack of any effective remedy in domestic law – in respect of the search of the flat;   Art. 18 – application of restrictions only for prescribed purposes – search of the flat.     14506/20 06/03/2020 Tatyana Vladimirovna GLINBERG 1992 Igor Nikolayevich Sholokhov Kazan Art. 8 (1) – unlawful search – search of the applicant’s flat on 12/09/2019, authorised on 02/09/2019 by the Basmannyy District Court of Moscow, appeal dismissed on 25/11/2019 by the Moscow City Court;   Art. 11 (1) – freedom of association – interference on account of the search of the flat;   Art. 13 – lack of any effective remedy in domestic law – in respect of the search of the flat;   Art. 18 – application of restrictions only for prescribed purposes – search of the flat.     14512/20 06/03/2020 Valentin Alekseyevich BOLDYSHEV 1956 Igor Nikolayevich Sholokhov Kazan Art. 8 (1) – unlawful search – search of the applicant’s flat on 12/09/2019, authorised on 04/09/2019 by the Basmannyy District Court of Moscow, appeal dismissed on 06/11/2019 by the Moscow City Court;   Art. 11 (1) – freedom of association – interference on account of the search of the flat;   Art. 13 – lack of any effective remedy in domestic law – in respect of the search of the flat;   Art. 18 – application of restrictions only for prescribed purposes – search of the flat.   14517/20 06/03/2020 Anastasiya Aleksandrovna VASILYEVA 1984 Igor Nikolayevich Sholokhov Kazan Art. 8 (1) – unlawful search – search of the applicant’s flat on 12/09/2019, authorised on 04/09/2019 by the Basmannyy District Court of Moscow, appeal dismissed on 14/11/2019 by the Moscow City Court;   Art. 11 (1) – freedom of association – interference on account of the search of the flat and freezing of bank accounts;   Art. 13 – lack of any effective remedy in domestic law – in respect of the search of the flat and freezing of bank accounts;   Art. 18 – application of restrictions only for prescribed purposes – search of the flat and freezing of bank accounts;   Prot. 1 Art. 1 – interference with peaceful enjoyment of possessions – freezing of the applicant’s bank accounts (freezing orders of 04/09/2019 Basmannyy District Court of Moscow (Sberbank, Gazprombank, Alfa-bank), appeals Moscow City Court 25/12/2019; collective extension order of 31/07/2020, appeal pending).   14521/20 06/03/2020 Ivan Alekseyevich VOSTRIKOV 1984 Igor Nikolayevich Sholokhov Kazan Art. 8 (1) – unlawful search – search of the applicant’s flat on 12/09/2019, authorised on 04/09/2019 by the Basmannyy District Court of Moscow, appeal dismissed on 06/11/2019 by the Moscow City Court;   Art. 11 (1) – freedom of association – interference on account of the search of the flat and freezing of bank accounts;   Art. 13 – lack of any effective remedy in domestic law – in respect of the search of the flat and freezing of bank accounts;   Art. 18 – application of restrictions only for prescribed purposes – search of the flat and freezing of bank accounts;   Prot. 1 Art. 1 – interference with peaceful enjoyment of possessions – freezing of the applicant’s bank accounts (freezing order of 04/09/2019 Basmannyy District Court of Moscow (Alfa-bank), appeal Moscow City Court 14/11/2019; collective extension order of 31/07/2020, appeal Moscow City Court 03/12/2020).   14523/20 06/03/2020 Nikolay Aleksandrovich KUZMIN 1980 Igor Nikolayevich Sholokhov Kazan Art. 8 (1) – unlawful search – search of the applicant’s flat on 12/09/2019, authorised on 04/09/2019 by the Basmannyy District Court of Moscow, appeal dismissed on 13/11/2019 by the Moscow City Court;   Art. 11 (1) – freedom of association – interference on account of the search of the flat;   Art. 13 – lack of any effective remedy in domestic law – in respect of the search of the flat;   Art. 18 – application of restrictions only for prescribed purposes – search of the flat.   14563/20 28/02/2020 Vitaliy Viktorovich VOTANOVSKIY 1972 Igor Nikolayevich Sholokhov Kazan Art. 8 (1) – unlawful search – search of the applicant’s flat on 12/09/2019, authorised on 04/09/2019 by the Basmannyy District Court of Moscow, appeal dismissed on 08/11/2019 by the Moscow City Court;   Art. 11 (1) – freedom of association – interference on account of the search of the flat;   Art. 13 – lack of any effective remedy in domestic law – in respect of the search of the flat;   Art. 18 – application of restrictions only for prescribed purposes – search of the flat.   14565/20 28/02/2020 Vladimir Viktorovich MURZIN 1969 Igor Nikolayevich Sholokhov Kazan Art. 8 (1) – unlawful search – search of the applicant’s flat on 12/09/2019, authorised on 02/09/2019 by the Basmannyy District Court of Moscow, appeal dismissed on 08/11/2019 by the Moscow City Court;   Art. 11 (1) – freedom of association – interference on account of the search of the flat;   Art. 13 – lack of any effective remedy in domestic law – in respect of the search of the flat;   Art. 18 – application of restrictions only for prescribed purposes – search of the flat.   14567/20 28/02/2020 Dmitriy Yuryevich DOBRYNIN 1989 Igor Nikolayevich Sholokhov Kazan Art. 8 (1) – unlawful search – search of the applicant’s flat on 13/09/2019, authorised on 04/09/2019 by the Basmannyy District Court of Moscow, appeal dismissed on 06/11/2019 by the Moscow City Court;   Art. 11 (1) – freedom of association – interference on account of the search of the flat;   Art. 13 – lack of any effective remedy in domestic law – in respect of the search of the flat;   Art. 18 – application of restrictions only for prescribed purposes – search of the flat.   14569/20 28/02/2020 Svetlana Gennadyevna VALIULLINA 1973 Igor Nikolayevich Sholokhov Kazan Art. 8 (1) – unlawful search – search of the applicant’s flat on 12/09/2019, authorised on 04/09/2019 by the Basmannyy District Court of Moscow, appeal dismissed on 18/11/2019 by the Moscow City Court;   Art. 11 (1) – freedom of association – interference on account of the search of the flat;   Art. 13 – lack of any effective remedy in domestic law – in respect of the search of the flat;   Art. 18 – application of restrictions only for prescribed purposes – search of the flat.   14570/20 28/02/2020 Leonid Vladimirovich SANKIN 1963 Igor Nikolayevich Sholokhov Kazan Art. 8 (1) – unlawful search – search of the applicant’s flat on 12/09/2019, authorised on 04/09/2019 by the Basmannyy District Court of Moscow, appeal dismissed on 06/11/2019 by the Moscow City Court;   Art. 11 (1) – freedom of association – interference on account of the search of the flat and freezing of bank accounts;   Art. 13 – lack of any effective remedy in domestic law – in respect of the search of the flat and freezing of bank accounts;   Art. 18 – application of restrictions only for prescribed purposes – search of the flat and freezing of bank accounts;   Prot. 1 Art. 1 – interference with peaceful enjoyment of possessions – freezing of the applicant’s bank accounts (freezing order of 04/09/2019 Basmannyy District Court of Moscow (Sberbank), appeal Moscow City Court 14/11/2019; collective extension order of 31/07/2020, appeal Moscow City Court 03/12/2020).   14571/20 28/02/2020 Marina Vladislavovna TSEVASHEVA 1995 Igor Nikolayevich Sholokhov Kazan Art. 8 (1) – unlawful search – search of the applicant’s flat on 12/09/2019, authorised on 04/09/2019 by the Basmannyy District Court of Moscow, appeal dismissed on 06/11/2019 by the Moscow City Court;   Art. 11 (1) – freedom of association – interference on account of the search of the flat;   Art. 13 – lack of any effective remedy in domestic law – in respect of the search of the flat;   Art. 18 – application of restrictions only for prescribed purposes – search of the flat.   14573/20 28/02/2020 Zakhar Borisovich SARAPULOV 1992 Igor Nikolayevich Sholokhov Kazan Art. 8 (1) – unlawful search – search of the applicant’s flat on 12/09/2019, authorised on 04/09/2019 by the Basmannyy District Court of Moscow, appeal dismissed on 25/11/2019 by the Moscow City Court;   Art. 11 (1) – freedom of association – interference on account of the search of the flat and freezing of bank accounts;   Art. 13 – lack of any effective remedy in domestic law – in respect of the search of the flat and freezing of bank accounts;   Art. 18 – application of restrictions only for prescribed purposes – search of the flat and freezing of bank accounts;   Prot. 1 Art. 1 – interference with peaceful enjoyment of possessions – freezing of the applicant’s bank accounts (freezing order of 04/09/2019 Basmannyy District Court of Moscow (Sberbank), appeal Moscow City Court 26/12/2019).   14578/20 28/02/2020 Pavel Vladimirovich CHERNOV 1970 Igor Nikolayevich Sholokhov Kazan Art. 8 (1) – unlawful search – search of the applicant’s flat on 12/09/2019, authorised on 04/09/2019 by the Basmannyy District Court of Moscow, appeal dismissed on 04/12/2019 by the Moscow City Court;   Art. 11 (1) – freedom of association – interference on account of the search of the flat;   Art. 13 – lack of any effective remedy in domestic law – in respect of the search of the flat;   Art. 18 – application of restrictions only for prescribed purposes – search of the flat.   14580/20 28/02/2020 Andrey Sergeyevich PROKUDIN 1990 Igor Nikolayevich Sholokhov Kazan Art. 11 (1) – freedom of association – interference on account of the search of the flat and freezing of bank accounts;   Art. 13 – lack of any effective remedy in domestic law – in respect of the search of the flat and freezing of bank accounts;   Art. 18 – application of restrictions only for prescribed purposes – search of the flat and freezing of bank accounts;   Prot. 1 Art. 1 – interference with peaceful enjoyment of possessions – freezing of the applicant’s bank accounts (freezing orders of 04/09/2019 Basmannyy District Court of Moscow (Sberbank, Alfa-bank), appeals Moscow City Court 24/12/2019 (Sberbank) and 25/12/2019 (Alfa-bank); collective extension order of 31/07/2020, appeal Moscow City Court 03/12/2020).   14584/20 28/02/2020 Vadim Leonidovich KOBZEV 1997 Igor Nikolayevich Sholokhov Kazan Art. 8 (1) – unlawful search – search of the applicant’s flat on 12/09/2019, authorised on 04/09/2019 by the Basmannyy District Court of Moscow, appeal dismissed on 08/11/2019 by the Moscow City Court;   Art. 11 (1) – freedom of association – interference on account of the search of the flat;   Art. 13 – lack of any effective remedy in domestic law – in respect of the search of the flat;   Art. 18 – application of restrictions only for prescribed purposes – search of the flat.   14585/20 28/02/2020 Pavel Valeryevich CHERNUKHIN 1978 Igor Nikolayevich Sholokhov Kazan Art. 8 (1) – unlawful search – “urgent” search of the applicant’s flat on 12/09/2019, no prior judicial authorisation, on 16/09/2019 the Basmannyy District Court of Moscow declared the search lawful, appeal dismissed on 08/11/2019 by the Moscow City Court;   Art. 11 (1) – freedom of association – interference on account of the search of the flat;   Art. 13 – lack of any effective remedy in domestic law – in respect of the search of the flat;   Art. 18 – application of restrictions only for prescribed purposes – search of the flat.   14587/20 28/02/2020 Ildar Shamlevich ZAKIROV 1986 Igor Nikolayevich Sholokhov Kazan Art. 8 (1) – unlawful search – search of the applicant’s flat on 12/09/2019, authorised on 04/09/2019 by the Basmannyy District Court of Moscow, appeal dismissed on 28/10/2019 by the Moscow City Court;   Art. 11 (1) – freedom of association – interference on account of the search of the flat;   Art. 13 – lack of any effective remedy in domestic law – in respect of the search of the flat;   Art. 18 – application of restrictions only for prescribed purposes – search of the flat.   14591/20 28/02/2020 Aleksandr Borisovich DANILOV 1996 Igor Nikolayevich Sholokhov Kazan Art. 8 (1) – unlawful search – search of the applicant’s flat on 12/09/2019, authorised on 02/09/2019 by the Basmannyy District Court of Moscow, appeal dismissed on 11/11/2019 by the Moscow City Court;   Art. 11 (1) – freedom of association – interference on account of the search of the flat and freezing of bank accounts;   Art. 13 – lack of any effective remedy in domestic law – in respect of the search of the flat and freezing of bank accounts;   Art. 18 – application of restrictions only for prescribed purposes – search of the flat and freezing of bank accounts;   Prot. 1 Art. 1 – interference with peaceful enjoyment of possessions – freezing of the applicant’s bank accounts (freezing order of 03/09/2019 Basmannyy District Court of Moscow (Sberbank, Alfa-bank), appeal Moscow City Court 24/12/2019).   14592/20 28/02/2020 Aleksey Aleksandrovich GRIGORYEV 1988 Igor Nikolayevich Sholokhov Kazan Art. 8 (1) – unlawful search – search of the applicant’s flat on 12/09/2019, authorised on 04/09/2019 by the Basmannyy District Court of Moscow, appeal dismissed on 20/11/2019 by the Moscow City Court;   Art. 11 (1) – freedom of association – interference on account of the search of the flat;   Art. 13 – lack of any effective remedy in domestic law – in respect of the search of the flat;   Art. 18 – application of restrictions only for prescribed purposes – search of the flat.   14594/20 28/02/2020 Andrey Sergeyevich YEGOROV 1984 Igor Nikolayevich Sholokhov Kazan Art. 8 (1) – unlawful search – search of the applicant’s flat on 12/09/2019, authorised on 04/09/2019 by the Basmannyy District Court of Moscow, appeal dismissed on 06/11/2019 by the Moscow City Court;   Art. 11 (1) – freedom of association – interference on account of the search of the flat and freezing of bank accounts;   Art. 13 – lack of any effective remedy in domestic law – in respect of the search of the flat and freezing of bank accounts;   Art. 18 – application of restrictions only for prescribed purposes – search of the flat and freezing of bank accounts;   Prot. 1 Art. 1 – interference with peaceful enjoyment of possessions – freezing of the applicant’s bank accounts (freezing order of 04/09/2019 Basmannyy District Court of Moscow (Alpha Bank), appeal Moscow City Court 24/12/2019); collective extension order of 31/07/2020, appeal Moscow City Court 03/12/2020).   14595/20 28/02/2020 Andrey Alekseyevich KOZLOV 1987 Igor Nikolayevich Sholokhov Kazan Art. 8 (1) – unlawful search – search of the applicant’s flat on 12/09/2019, authorised on 04/09/2019 by the Basmannyy District Court of Moscow, appeal dismissed on 13/11/2019 by the Moscow City Court;   Art. 11 (1) – freedom of association – interference on account of the search of the flat and freezing of bank accounts;   Art. 13 – lack of any effective remedy in domestic law – in respect of the search of the flat and freezing of bank accounts;   Art. 18 – application of restrictions only for prescribed purposes – search of the flat and freezing of bank accounts;   Prot. 1 Art. 1 – interference with peaceful enjoyment of possessions – freezing of the applicant’s bank accounts (freezing order of 02/09/2019 Basmannyy District Court of Moscow (Tinkoff bank, Alfa-bank), no appeal; a number of collective extension orders, last one of 02/02/2021 (Alfa-bank) - appeal pending, appeals Moscow City Court 19/04/2021 and of 27/04/2021 (Tinkoff bank).   14636/20 06/03/2020 Yegor Sergeyevich ALASHEYEV 1983 Irina Vladimirovna Khrunova Kazan Art. 8 (1) – unlawful search – search of the applicant’s flats on (1) 10/09/2019, authorised on 04/09/2019 by the Basmannyy District Court of Moscow, appeal dismissed on 11/11/2019 by the Moscow City Court; (2) “urgent” search of the applicant’s flat on 15/10/2019, no prior judicial authorisation, on 31/01/2020 the Basmannyy District Court of Moscow declared the search lawful, appeal dismissed on 10/06/2020 by the Moscow City Court;   Art. 11 (1) – freedom of association – interference on account of the search of the flats;   Art. 13 – lack of any effective remedy in domestic law – in respect of the search of the flats;   Art. 18 – application of restrictions only for prescribed purposes – search of the flats.   14637/20 06/03/2020 Aleksandr Vladimirovich SMIRNOV 1990 Igor Nikolayevich Sholokhov Kazan Art. 8 (1) – unlawful search – (1) search of the applicant’s flat on 12/09/2019, authorised on 04/09/2019 by the Basmannyy District Court of Moscow, appeal dismissed on 13/11/2019 by the Moscow City Court; (2) “urgent” search of the applicant’s flat on 15/10/2019, on 18/10/2019 the Basmannyy District Court of Moscow declared the search lawful, appeal dismissed on 29/01/2020 by the Moscow City Court;   Art. 11 (1) – freedom of association – interference on account of the search of the flats;   Art. 13 – lack of any effective remedy in domestic law – in respect of the search of the flats;   Art. 18 – application of restrictions only for prescribed purposes – search of the flats.   14639/20 06/03/2020 Ilya Sergeyevich DANILOV 1989 Igor Nikolayevich Sholokhov Kazan Art. 8 (1) – unlawful search – search of the applicant’s flat on 12/09/2019, authorised on 03/09/2019 by the Basmannyy District Court of Moscow, appeal dismissed on 06/11/2019 by the Moscow City Court;   Art. 11 (1) – freedom of association – interference on account of the search of the flat;   Art. 13 – lack of any effective remedy in domestic law – in respect of the search of the flat;   Art. 18 – application of restrictions only for prescribed purposes – search of the flat.   14642/20 06/03/2020 Violetta Andreyevna GRUDINA 1990 Igor Nikolayevich Sholokhov Kazan Art. 8 (1) – unlawful search – search of the applicant’s flat on 12/09/2019, authorised on 03/09/2019 by the Basmannyy District Court of Moscow, appeal dismissed on 08/11/2019 by the Moscow City Court;   Art. 11 (1) – freedom of association – interference on account of the search of the flat;   Art. 13 – lack of any effective remedy in domestic law – in respect of the search of the flat;   Art. 18 – application of restrictions only for prescribed purposes – search of the flat.   14643/20 06/03/2020 Valeriya Ibragimovna DZBOYEVA 1998 Igor Nikolayevich Sholokhov Kazan Art. 8 (1) – unlawful search – search of the applicant’s flats on 12/09/2019, authorised on 04/09/2019 by the Basmannyy District Court of Moscow, appeals dismissed on 14/11/2019 by the Moscow City Court;   Art. 11 (1) – freedom of association – interference on account of the search of the flats;   Art. 13 – lack of any effective remedy in domestic law – in respect of the search of the flats;   Art. 18 – application of restrictions only for prescribed purposes – search of the flats.     14644/20 28/02/2020 Aleksandr Olegovich SHURSHEV 1982 Igor Nikolayevich Sholokhov Kazan Art. 8 (1) – unlawful search – search of the applicant’s flat on 12/09/2019, authorised on 04/09/2019 by the Basmannyy District Court of Moscow, appeal dismissed on 28/10/2019 by the Moscow City Court;   Art. 11 (1) – freedom of association – interference on account of the search of the flat and freezing of bank accounts;   Art. 13 – lack of any effective remedy in domestic law – in respect of the search of the flat and freezing of bank accounts;   Art. 18 – application of restrictions only for prescribed purposes – search of the flat and freezing of bank accounts;   Prot. 1 Art. 1 – interference with peaceful enjoyment of possessions – freezing of the applicant’s bank accounts (freezing order of 04/09/2019 Basmannyy District Court of Moscow (Sberbank), appeal Moscow City Court 14/11/2019; collective extension order of 31/07/2020, appeal Moscow City Court 03/12/2020).   14645/20 28/02/2020 Danila Aleksandrovich BUZANOV 1995 Igor Nikolayevich Sholokhov Kazan Art. 8 (1) – unlawful search – search of the applicant’s flat on 12/09/2019, authorised on 04/09/2019 by the Basmannyy District Court of Moscow, appeal dismissed on 06/11/2019 by the Moscow City Court;   Art. 11 (1) – freedom of association – interference on account of the search of the flat and freezing of bank accounts;   Art. 13 – lack of any effective remedy in domestic law – in respect of the search of the flat and freezing of bank accounts;   Art. 18 – application of restrictions only for prescribed purposes – search of the flat and freezing of bank accounts;   Prot. 1 Art. 1 – interference with peaceful enjoyment of possessions – freezing of the applicant’s bank accounts (freezing order of 04/09/2019 Basmannyy District Court of Moscow (Sberbank), appeal Moscow City Court 24/12/2019; collective extension order of 31/07/2020, appeal Moscow City Court 03/12/2020).   14646/20 28/02/2020 Yevgeniy Olegovich GOLIGOROV 1993 Igor Nikolayevich Sholokhov Kazan Art. 8 (1) – unlawful search – search of the applicant’s flat on 12/09/2019, authorised on 03/09/2019 by the Basmannyy District Court of Moscow, appeal dismissed on 27/11/2019 by the Moscow City Court;   Art. 11 (1) – freedom of association – interference on account of the search of the flat and freezing of bank accounts;   Art. 13 – lack of any effective remedy in domestic law – in respect of the search of the flat and freezing of bank accounts;   Art. 18 – application of restrictions only for prescribed purposes – search of the flat and freezing of bank accounts;   Prot. 1 Art. 1 – interference with peaceful enjoyment of possessions – freezing of the applicant’s bank accounts (freezing order of 03/09/2019 Basmannyy District Court of Moscow (Gazprombank, Tinkoff bank), appeal Moscow City Court 24/12/2019; collective extension order of 31/07/2020, appeal Moscow City Court 03/12/2020).   14647/20 28/02/2020 Sergey Vladimirovich GORKUNOV 1989 Igor Nikolayevich Sholokhov Kazan Art. 8 (1) – unlawful search – search of the applicant’s flat on 12/09/2019, authorised on 04/09/2019 by the Basmannyy District Court of Moscow, appeal dismissed on 04/12/2019 by the Moscow City Court;   Art. 11 (1) – freedom of association – interference on account of the search of the flat;   Art. 13 – lack of any effective remedy in domestic law – in respect of the search of the flat;   Art. 18 – application of restrictions only for prescribed purposes – search of the flat.   14648/20 28/02/2020 Mikhail Olegovich ALEKSEYEV 1990 Igor Nikolayevich Sholokhov Kazan Art. 8 (1) – unlawful search – search of the applicant’s flat on 12/09/2019, authorised on 04/09/2019 by the Basmannyy District Court of Moscow, appeal dismissed on 18/11/2019 by the Moscow City Court;   Art. 11 (1) – freedom of association – interference on account of the search of the flat and freezing of bank accounts;   Art. 13 – lack of any effective remedy in domestic law – in respect of the search of the flat and freezing of bank accounts;   Art. 18 – application of restrictions only for prescribed purposes – search of the flat and freezing of bank accounts;   Prot. 1 Art. 1 – interference with peaceful enjoyment of possessions – freezing of the applicant’s bank accounts (freezing order of 04/09/2019 Basmannyy District Court of Moscow (Sberbank), appeal Moscow City Court 29/04/2020; collective extension order of 31/07/2020, appeal Moscow City Court 03/12/2020).   14649/20 28/02/2020 Georgiy Andreyevich BORODIN 1998 Igor Nikolayevich Sholokhov Kazan Art. 8 (1) – unlawful search – search of the applicant’s flat on 12/09/2019, authorised on 04/09/2019 by the Basmannyy District Court of Moscow, appeal dismissed on 30/10/2019 by the Moscow City Court;   Art. 11 (1) – freedom of association – interference on account of the search of the flat and freezing of bank accounts;   Art. 13 – lack of any effective remedy in domestic law – in respect of the search of the flat and freezing of bank accounts;   Art. 18 – application of restrictions only for prescribed purposes – search of the flat and freezing of bank accounts;   Prot. 1 Art. 1 – interference with peaceful enjoyment of possessions – freezing of the applicant’s bank account (freezing order of 04/09/2019 Basmannyy District Court of Moscow (Sberbank), no appeal lodged as the applicant was unaware of the freezing order; collective extension order of 22/04/2021, appeal pending).   14675/20 06/03/2020 Sergey Vasilyevich OSKOLKOV 1992 Igor Nikolayevich Sholokhov Kazan Art. 8 (1) – unlawful search – search of the applicant’s flat on 12/09/2019, authorised on 04/09/2019 by the Basmannyy District Court of Moscow, appeal dismissed on 06/11/2019 by the Moscow City Court;   Art. 11 (1) – freedom of association – interference on account of the search of the flat;   Art. 13 – lack of any effective remedy in domestic law – in respect of the search of the flat;   Art. 18 – application of restrictions only for prescribed purposes – search of the flat.   14679/20 06/03/2020 Artur Borisovich STASH 1964 Igor Nikolayevich Sholokhov Kazan Art. 8 (1) – unlawful search – search of the applicant’s flat on 12/09/2019, authorised on 04/09/2019 by the Basmannyy District Court of Moscow, appeal dismissed on 08/11/2019 by the Moscow City Court;   Art. 11 (1) – freedom of association – interference on account of the search of the flat;   Art. 13 – lack of any effective remedy in domestic law – in respect of the search of the flat;   Art. 18 – application of restrictions only for prescribed purposes – search of the flat.   14680/20 06/03/2020 Aleksandr Aleksandrovich SURINOV 2000 Igor Nikolayevich Sholokhov Kazan Art. 8 (1) – unlawful search – search of the applicant’s flat on 12/09/2019, authorised on 04/09/2019 by the Basmannyy District Court of Moscow, appeal dismissed on 14/11/2019 by the Moscow City Court;   Art. 11 (1) – freedom of association – interference on account of the search of the flat;   Art. 13 – lack of any effective remedy in domestic law – in respect of the search of the flat;   Art. 18 – application of restrictions only for prescribed purposes – search of the flat.   14682/20 06/03/2020 Vladislav Vladimirovich KULCHITSKIY 1997 Igor Nikolayevich Sholokhov Kazan Art. 8 (1) – unlawful search – search of the applicant’s flats on 12/09/2019, authorised on 03/09/2019 and 04/09/2019 by the Basmannyy District Court of Moscow, appeals dismissed on 30/10/2019 by the Moscow CiCitations
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Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;COMMUNICATEDCASES;ENG
- Date
- 16 janvier 2024
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:001-230987
Données disponibles
- Texte intégral
- Résumé officiel