Published on 2 October 2023
THIRD SECTION
Application no. 28538/21
Nikolay Valeryevich BIREV against Russia
and 22 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 7 September 2023, 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 charges
Penalty
Final domestic decision
Court Name
Date
Other complaints under well-established case-law
28538/21*
02/06/2021
Nikolay Valeryevich BIREV
1985
Memorial Human Rights Centre
Moscow
Rally in support of
Mr A. Navalnyy
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
fine of
RUB 20,000
Moscow City Court
30/03/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 2.22 p.m. to 8.30 p.m. on 31/01/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 30/03/2021;
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 officer on whose written statements the applicant’s conviction was based, and to submit evidence, including video recordings, in defence of the applicant’s version of events on an equal footing with the prosecution.
31672/21*
07/06/2021
Roman Igorevich MAKSIMOV
1995
Aleksandr Dmitriyevich Peredruk
St Petersburg
Rally against rise of public transport ticket price
St Petersburg
10/11/2019
Rally in support of
Mr A. Navalnyy
Velikiy Novgorod
23/01/2021
article 20.2 § 2 of CAO
article 20.2 § 8 of CAO
Fine
RUB 20,000
administrative detention of
8 days
St Petersburg City Court
08/12/2020
Novgorod Regional Court
04/02/2021
Art. 3 - use of metal cages and/or other security arrangements in courtrooms - Basmannyy District Court of Moscow, 11/05/2022;
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”:
- from 2.30 p.m. on 29/01/2021 to 10.50 a.m. on 31/01/2021, the hearing in the applicant’s administrative-offence case,
- from 4.00 p.m. on 29/04/2021 to 01/05/2021, the hearing in the applicant’s administrative-offence case;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions: St Petersburg City Court, 08/12/2020, and Novgorod Regional Court, 04/02/2021 and 06/05/2021;
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - in respect of the proceedings which ended with the decision of 04/02/2021 and with the decision of 06/05/2021; impossibility to provide evidences on an equal footing with the prosecution on account of a refusal of the district court to carry out a linguistic expertise related to the applicant’s calls on the public to participate in an unauthorised public event in support of Mr A. Navalnyy;
Art. 10 (1) - conviction for making calls to participate in public events - calls, on 20/04/2021, to support of Mr A. Navalnyy in a manifestation scheduled for 21/04/2021 in Velikiy Novgorod, conviction under Art. 20.2 § 8 of the CAO, 15 days of administrative detention. Final decision: Novgorod Regional Court, 06/05/2021.
32173/21*
11/06/2021
Aleksey Georgiyevich ZAYTSEV
1982
Memorial Human Rights Centre
Moscow
Rally in support of
Mr A. Navalnyy
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
fine
RUB 20,000
Moscow City Court
16/03/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 5.50 p.m. on 31/01/2021 to 9.30 a.m. on 01/02/2021; the applicant spent more than 5 hours in the police van;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 16/03/2021;
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 officer on whose written statements the applicant’s conviction was based and to submit evidence, including video recordings, in defence of the applicant’s version of events on an equal footing with the prosecution.
35193/21*
18/06/2021
Aleksey Aleksandrovich STEPANOV
2002
Memorial Human Rights Centre
Moscow
Rally in support to
Mr A. Navalnyy
Moscow
17/01/2021
Rally against the war in Ukraine
Moscow
24/02/2022
article 20.2 § 6.1 of CAO
article 20.2 § 8 of CAO
fine of
RUB 15,000
administrative detention of 10 days
Moscow City Court
14/04/2021
Moscow City Court
04/03/2022
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”:
- from 7.45 p.m. on 17/01/2021 to 2.30 a.m. on 18/01/2021, while the said record had only been drawn up on 27/01/2021,
- from 7.50 p.m. on 24/02/2022 to 4.55 p.m. on 25/02/2022, hearing in the applicant’s administrative-offence case;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions: Moscow City Court, 14/04/2021 and 04/03/2022;
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 applicant’s convictions were based;
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant by the court of first instance was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
36381/21*
30/06/2021
Aleksandr Viktorovich SHAPOVALOV
1978
Memorial Human Rights Centre
Moscow
Rally in support to
Mr A. Navalnyy
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of
RUB 20,000
Moscow City Court
21/05/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 10.30 a.m. to 5.15 p.m. on 02/02/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 21/05/2021;
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 applicant’s conviction was based.
36397/21*
25/06/2021
Pavel Pavlovich BORODETSKIY
1981
Andrey Mikhaylovich IVASHEV
1991
Dmitriy Vladimirovich KUDASHEV
1977
Ernest Aleksandrovich Mezak
Saint-Barthélemy-d’Anjou
Rally in support of
Mr A. Navalnyy
Syktyvkar
31/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000 for each applicant
Supreme Court of the Komi Republic, 31/03/2021, 17/03/2021 and
24/03/2021
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, on 31/01/2021:
- from 1.30 p.m. to 9.00 p.m. (1st applicant),
- from 2.00 p.m. to 10.00 p.m. (2nd applicant),
- from 1.25 p.m. to 9.35 p.m. (3rd applicant);
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions: Supreme Court of the Komi Republic, 31/03/2021, 17/03/2021 and 24/03/2021.
36431/21*
30/06/2021
Oleg Aleksandrovich VTOROY
1995
Memorial Human Rights Centre
Moscow
Rally in support of
Mr A. Navalnyy
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
administrative detention of
9 days
Moscow City Court
04/02/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 10.45 p.m. on 02/02/2021 to 2.00 p.m. on 03/02/2021, hearing in the applicant’s administrative-offence case;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 04/02/2021;
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 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.
36452/21*
30/06/2021
Aleksandr Vasylovich AYUPOV
1983
Memorial Human Rights Centre
Moscow
Rally in support of
Mr A. Navalnyy
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
administrative detention of 2 days
Moscow City Court
04/02/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 10.40 p.m. on 02/02/2021 to 2.00 p.m. on 03/02/2021, hearing in the applicant’s administrative-offence case;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 04/02/2021;
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.
36455/21
30/06/2021
Ivar Askarovich TUGANBAYEV
2000
Memorial Human Rights Centre
Moscow
Rally in support of
Mr A. Navalnyy
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
administrative detention of
7 days
Moscow City Court
30/03/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 11.30 p.m. on 02/02/2021 to 02.20 p.m. on 04/02/2021, hearing in the applicant’s administrative-offence case; the applicant spent over two hours in a police van; he was not released after the 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 - final decision: Moscow City Court, 30/03/2021;
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 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.
36755/21*
13/07/2021
Danil Andreyevich MATVEYEV
2002
Konstantin Aleksandrovich Markin
Velikiy Novgorod
Rally in support of
Mr A. Navalnyy
Velikiy Novgorod
23/01/2021
article 20.2 § 5 of CAO
community works of
20 hours
Novgorod Regional Court
04/03/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.50 p.m. to 9.20 p.m. on 23/01/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Novgorod Regional Court, 04/03/2021;
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 applicant’s conviction was based.
36795/21
05/07/2021
Aleksandr Anatolyevich TIKHUN
1983
Dmitriy Georgiyevich Gerasimov
St Petersburg
Rally in support of
Mr A. Navalnyy
St Petersburg
31/01/2021
article 20.2 § 2 of CAO
administrative detention of 10 days
St Petersburg City Court
30/03/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 5.00 p.m. on 31/01/2021 to 01/02/2021, the hearings in the applicant’s administrative-offence case;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: St Petersburg City Court, 30/03/2021;
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 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.
36887/21
05/07/2021
Nikolay Sergeyevich ANDRIYUK
1986
Yuliya Vladimirovna Zatonskaya
Lipetsk
Rally in support to
Mr A. Navalnyy
Lipetsk
23/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Lipetsk Regional Court
25/02/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.00 p.m. to 11.00 p.m. on 23/01/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Lipetsk Regional Court, 25/02/2021;
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 applicant’s conviction was based.
36925/21*
05/07/2021
Igor Anatolyevich ZHULIMOV
1962
Rally in support of
Mr A. Navalnyy
Penza
23/01/2021
article 20.2 § 2 of CAO
fine of
RUB 20,000
Penza Regional Court
17/06/2021
Art. 10 (1) - conviction for making calls to participate in public events - calls, on 19/01/2021, for a rally in support of Mr A. Navalnyy, scheduled for 23/01/2021 in Penza; administrative conviction under art. 20.2 § 2 of the CAO, fine of RUB 20,000. Final decision: Penza Regional Court, 17/06/2021.
36938/21*
16/07/2021
Danila Alekseyevich KLYUYEV
2000
Memorial Human Rights Centre
Moscow
Rally in support of
Mr A. Navalnyy
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of
RUB 15,000
Moscow City Court
30/03/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 1.37 p.m. on 23/01/2021 to 00.10 a.m. on 24/01/2021; the applicant spent more than 5 hours in a police van;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 30/03/2021;
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 applicant’s conviction was based.
36980/21
16/07/2021
Omar Igorevich KHARCHILAVA
2000
Memorial Human Rights Centre
Moscow
Rally in support of
Mr A. Navalnyy
Rostov-on-Don
31/01/2021
article 20.2 § 6.1 of CAO
fine of
RUB 10,000
Rostov Regional Court
07/04/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 2.30 p.m. on 31/01/2021 to 2.00 p.m. 01/02/2021, hearing in the applicant’s administrative-offence case;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Rostov Regional Court, 07/04/2021;
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 applicant’s conviction was based.
36995/21*
16/07/2021
Anton Aleksanrovich BUYDALIN
1987
Memorial Human Rights Centre
Moscow
Rally in support to
Mr A. Navalnyy
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
administrative detention of
7 days
Moscow City Court
18/02/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 12.15 p.m. on 31/01/2021 to 8.30 p.m. on 01/02/2021, hearing in the applicant’s administrative-offence case; he spent 3 hours in a police van;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 18/02/2021;
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 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 by the court of first instance was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
37668/21
27/06/2021
Daniel Edmundo VERDUGO NOSOV
1992
Anna Yevgenyevna Bochilo
Barnaul
Rally in support of Mr A. Navalnyy
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of
RUB 15,000
Moscow City Court
24/03/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, from 4.30 p.m. to 6.30 p.m. on 23/01/2021, while the said record was drawn up only on 26/01/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 24/03/2021;
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 applicant’s conviction was based.
37845/21*
09/07/2021
Nikita Ruslanovich STARCHENKOV
1992
Yevgeniy Vyacheslavovich Antokhin
Moscow
Rally in support to
Mr A. Navalnyy
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
administrative detention of 5 days
Moscow City Court
10/03/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 10/03/2021;
Art. 5 (1) - unlawful deprivation of liberty - escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.00 p.m. on 31/01/2021 to 02/02/2021, hearing in the applicant’s administrative-offence case;
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 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.
37871/21*
13/07/2021
Aleksey Yanovich KLIMOVICH
1992
Darya Dmitriyevna Aksenova
Kolomna
Rally in support of
Mr A. Navalnyy
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
administrative detention of 14 days
Moscow City Court
12/02/2021
Art. 5 (1) - unlawful deprivation of liberty - escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.00 p.m. on 31/01/2021 to 01/02/2021, hearing in the applicant’s administrative-offence case;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 12/02/2021;
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 applicant’s conviction was based.
38171/21*
16/07/2021
Oleg Leonidovich KONONENKO
1993
Memorial Human Rights Centre
Moscow
Rally in support of
Mr A. Navalnyy
Vladivostok
31/01/2021
article 20.2 § 5 of CAO
community works of
30 hours
Primorye Regional Court
27/04/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 1.30 to 7.10 p.m. on 31/01/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Primorye Regional Court, 27/04/2021;
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 applicant’s conviction was based.
38193/21*
14/07/2021
Aleksandr Sergeyevich ZAKHAROV
1990
Yelena Yuryevna Pershakova
Moscow
Rally in support of
Mr A. Navalnyy
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
administrative detention of 15 days
Moscow City Court
03/02/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 5.15 p.m. on 31/01/2021 to 01/02/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 12/02/2021;
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 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.
38868/21*
18/07/2021
Yefim Nikolayevich TARASENKO
1992
Darya Dmitriyevna Aksenova
Kolomna
Rally in support of
Mr A. Navalnyy
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
administrative detention of 10 days
Moscow City Court
06/04/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 11.40 p.m. on 02/02/2021 to 03/02/2021, hearing in the applicant’s administrative-offence case;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 06/04/2021;
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 applicant’s conviction was based.
38924/21*
22/07/2021
Anton Yevgenyevich METAKOVSKIY
1992
Memorial Human Rights Centre
Moscow
Rally in support of
Mr A. Navalnyy
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
administrative detention of 13 days
Moscow City Court
09/02/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 1.30 p.m. on 31/01/2021 to 1.15 p.m. on 01/02/2021, hearing in the applicant’s administrative-offence case;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 09/02/2021;
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.