CEDH · CASELAW;COMMUNICATEDCASES;ENG — 1 février 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 11 March 2024   THIRD SECTION Application no.   17472/18 Yevgeniy Aleksandrovich ARSHINOV against Russia and 20 other applications (see list appended) PROCEDURAL INFORMATION Following a preliminary examination of the admissibility of the applications on 15 February 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     17472/18* 04/04/2018 Yevgeniy Aleksandrovich ARSHINOV 1987   Memorial Human Rights Centre Moscow Protest rally   Moscow 26/03/2017 Article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 08/11/2017 Art. 5 (1) - unlawful detention - arrest, escorting to and detention at the police station on 26-27/03/2017,   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.     19878/18* 17/04/2018 Lyudmila Mikhaylovna TYULENKO 1954 Oleg Aleksandrovich Yelanchik Moscow "Readings of the Constitution"   Moscow   (Red Square) 12/05/2017 Article 20.2 § 5 of CAO fine of RUB 5,000 Moscow City Court 16/10/2017 (served on the applicant on a later date) 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.     19909/18 15/04/2018 Ruslan Indrisovich GVASHEV 1950 Marina Alekseyevna Dubrovina Novorossiysk Public prayer near the Tulip Tree on the Circassian Day of Mourning   Golovinka (Sochi) 21/05/2017 Article 20.2 § 5 of CAO fine of RUB   10,000 Krasnodar Regional Court 16/10/2017       24708/18 15/05/2018 Aleksey Andreyevich VOLKOV 1988 Viktor Viktorovich Vorobyev Syktyvkar Anti-corruption manifestation   Metallurgov square, Volgograd 10/11/2017 Article 20.2 § 8 of the CAO detention for 2   days Volgograd Regional Court 15/11/2017 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings     29489/18* 13/06/2018 Yelena Valentinovna GUSEVA 1970     Rally “Free Navalnyy”   Berezniki 21/04/2021     Rally “Free Navalnyy”   Perm 23/01/2021 Article 20.2 § 8 of CAO           Article 20.2 § 5 of CAO 40 hours of community work           fine of RUB   10,000 Perm Regional Court 17/06/2021           Perm Regional Court 16/04/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - three sets of 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 police officers on whose written statements the conviction was based (proceedings ended on 16/04/2021 and on 17/06/2021),   Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.25 p.m. on 22/04/2021 until the hearing in the first-instance court on the same date,   Art. 10 (1) - conviction for displaying slogans/banners/other symbols by participants in public events - disproportionate interference with her freedom of expression on account of her conviction under Art. 20.2 §   5 CAO for two solo pickets in support of A. Navalnyy in Berezniki on 07/10/2017, penalty of 20 hours of community works, final decision by the Perm Regional Court on 13/12/2017     30639/18* 11/06/2018 Tatyana Igorevna BARYSHEVA 1990 Andzhelika Viktorovna Chernyavskaya Oktyabrskiy Rally in support of the Telegram messenger   Moscow (Bolshaya Lubyanka, near FSB headquarters) 16/04/2018 Article 20.2.2. § 1 of CAO fine of RUB   20,000 Moscow City Court 16/05/2018 Art. 5 (1) - unlawful detention - arrest, escorting to and detention at a police station between 16/04/2018 06.30   p.m. and 17/04/2018 10.00 a.m.,   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.     4398/19* 02/01/2019 Sergey Eduardovich KOMANDIROV 1995 Ivan Yuryevich Zhdanov Vilnius Demonstration for fair elections   Smolensk 15/03/2018 Article 20.2 § 2 of CAO 20 hours of community works Smolensk Regional Court 11/07/2018 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings     4583/19 30/11/2018 Aleksandr Stanislavovich VINOGRADOV 1972 Varvara Dmitriyevna Mikhaylova St Petersburg Anti-corruption meeting   St Petersburg 05/05/2018 Article 20.2 § 5 of CAO       Art. 19.3 § 1 of CAO fine of RUB   15,000   and   3 days’ detention St   Petersburg City Court 31/05/2018 (both decisions issued on the same day) Art. 5 (1) - unlawful detention - arrest, escorting to and detention at a police station on 05-06/05/2018,   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,   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. 19.3 § 1 of CAO) with substantially the same facts underlying his conviction in the first set of proceedings (Art. 20.2 § 5 of CAO).     9005/19 19/01/2019 Olga Yuryevna TEODOROVICH 1989 Aleksandr Dmitriyevich Peredruk St Petersburg Rally against the pension reform   St Petersburg 09/09/2018 Article 20.2 § 6.1 of CAO detention for 10   days St Petersburg City Court 20/09/2018 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest, escorting to and detention at the police station between 09/09/2018 09.08   p.m. and 10/09/2018 05.30 p.m.,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   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.   10052/19* 08/02/2019 Guzel Failovna KHALILOVA 1983 Elza Rinatovna Nisanbekova Kazan Rally against construction of a waste incineration plant   Kazan 25/03/2018 Article 20.2 § 5 of CAO fine of RUB   10,000 Supreme Court of the Republic of Tatarstan 08/08/2018 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative ‑ offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.   19621/19* 02/04/2019 Igor Vasilyevich PETROV 1997 Aleksandr Yevgenyevich Pomazuyev Vilnius Rally against retirement age hike   Kaliningrad 09/09/2018 article 20.2 § 8 of CAO fine of RUB   150,000 Kaliningrad Regional Court 22/11/2018 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative ‑ offence proceedings,   Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the applicant’s conviction was based.   22614/19* 03/04/2019 Sergey Sergeyevich BOYKO 1974     Rally against retirement age hike   Moscow 29/07/2018     Rally to support I.   Azar   Moscow 29/05/2020 article 20.2 § 1 of CAO           article 20.2 § 8 of CAO fine of RUB   10,000           fine of RUB   150,000 Moscow City Court 04/10/2018           Moscow City Court 04/12/2020 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report (1) from 4.45 p.m. until 7.45 p.m. on 29/07/2018; (2) from 10.45 a.m. until 2.30 p.m. on 03/09/2019; (3) from 4.55 p.m. until the evening on 29/05/2020,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative ‑ offence proceedings - in all 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 conviction was based, in the proceedings under Article 20.2 § 2 and Article 20.2 § 8 of the CAO,   Art. 10 (1) - conviction for making calls to participate in public events - protest against breach of electoral rights on 31/08/2019 in Moscow, Article 20.2 § 2 of CAO, detention for 10 days, final decision Moscow City Court 06/09/2019,   Art. 10 (1) - disproportionate measures against solo demonstrators - rally to support I.   Azar - the applicant claimed that he staged a solo demonstration which was part of a series held by "rotation". On 29/05/2020 the applicant participated in a series of solo demonstrations held on a rotation basis by no less than 25 participants characterised as an ordinary "group picket" post facto   59268/19* 08/11/2019 Barakh Akhmetovich CHEMURZIYEV 1969     Protest against change of borders between Ingushetia and Chechnya   Magas 04/10/2018     Protest against change of borders between Ingushetia and Chechnya   Magas 27/03/2019 Article 20.2 § 2 of CAO               Article 20.2 § 2 of CAO fine of RUB   30,000               detention for 10   days Supreme Court of Ingushetia Republic 28/08/2019             Supreme Court of Ingushetia Republic 12/04/2020 Art. 5 (3) - lack of relevant and sufficient reasons for detention - 14/04/2019 - pending on the date when the application was lodged, Nalchik Town Court, Supreme Court of the Kabardino-Balkaria Republic (final 08/05/2019), approx. 7 months, charges Art. 318 (use of violence against a public official) and 212 (participation in acts of mass disorder accompanied by violence) of the Criminal Code, fragility of the reasons employed by the courts; failure to assess the applicant’s personal situation reducing the risks of re-offending, colluding or absconding; fragility and repetitiveness of the reasoning employed by the courts as the case progressed (see Dirdizov v. Russia , no.   41461/10, 27 November 2012),   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - first set of proceedings.   26798/21* 24/04/2021 Matvey Andreyevich GOLOVANOV 1998 Andrey Yevgenyevcich Shchukin Nizhniy Tagil Rally “Free Navalnyy”   Ekaterinburg 31/01/2021 Article 20.2 § 5 of CAO 30 hours of community works Sverdlovsk Regional Court 07/04/2021 Art. 5 (1) - unlawful detention - arrest and detention at a police station on 31/01/2021 between 02.50 p.m. and 07.00 p.m.,   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.   34321/21* 25/06/2021 Mikhail Yuryevich CHIMAROV 2000   Konstantin Aleksandrovich Markin Velikiy Novgorod Rally "Free Navalnyy"   Velikiy Novgorod   23/01/2021 Article 20.2 § 5 of CAO fine of RUB   10,000 Novgorod Regional Court 26/02/2021 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 police officers on whose written statements the applicant’s conviction was based,   Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 3.40 p.m. on 23/01/2021 until 11.30 a.m. on 24/01.2021.   50298/21* 23/09/2021 Nikolay Andreyevich BASHMAKOV 1991     Rally "Free Navalnyy"   Kazan 28/01/2021 Article 20.2 § 2 of CAO detention for 9   days Supreme Court of the Tatarstan Republic 21/04/2021 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.   50656/21* 06/10/2021 Ivan Andreyevich YELISEYEV 1992 Ivan Yuryevich Zhdanov Vilnius Rally “Free Navalnyy”   Izhevsk 21/04/2021 Article 20.2 § 8 of CAO detention for 25   days Supreme Court of the Udmurtia Republic 28/04/2021 Art. 10 (1) - conviction for making calls to participate in public events - calls for participation in rallies to support A. Navalnyy on 23/01/2021 and 31/01/2021 in Izhevsk, Article 20.2 § 2 of CAO, community works for 50 hours and detention for 8 days, final decision Supreme Court of the Udmurtia Republic, 07/04/2021 and 28/04/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - three sets of 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 police officers on whose written statements the conviction was based (proceedings ended on 07/04/2021 and on 28/04/2021).   48547/22* 03/10/2022 Semen Mikhaylovich PECHKO 2000 Natalya Andreyevna Baranova Moscow Anti-war protest   Tomsk 06/03/2022 Article 20.3.3 § 1 of CAO fine of RUB   45,000 Tomsk Regional Court 03/06/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for the purpose of an offence report between 3.30 and 10.00 p.m. on 06/03/2022,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative ‑ offence proceedings   20007/23* 07/09/2021 Polina GRIN-ROMANOVA 2001 Nikolay Sergeyevich Zboroshenko Moscow Rally “Free Navalnyy”   Moscow 31/01/2021 Article 20.2 § 6.1 of CAO detention for 12   days Moscow City Court 24/03/2021 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.   41229/23* 09/11/2023 Aleksandr Ivanovich USHENKO 1949 Darya Dmitriyevna Aksenova Kolomna Rally "Free Navalnyy"   Moscow 22/01/2022 Article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 09/08/2023 Art. 5 (1) - unlawful detention - escorting to the police station on 22/01/2022 for compiling an offence report.   1191/24* 08/12/2023 Nikolay Vladimirovich ZIMIREV 1984 Vladimir Sergeyevich Nemanov Moscow Anti-war protest   Moscow 02/03/2022 Article 20.2 § 5 of CAO fine of RUB   20,000 Moscow City Court 11/05/2023 (final judgment published on 10/08/2023) Art. 5 (1) - unlawful detention - escorting to the police station on 02/03/2022 for compiling an offence report.