Published on 24 July 2023
THIRD SECTION
Application no. 44105/21
Vladimir Dmitriyevich DORONIN against Russia
and 34 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 29 June 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 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
44105/21
30/08/2021
Vladimir Dmitriyevich DORONIN
1991
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Volgograd
31/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Volgograd Regional Court
04/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 1:30 p.m. and
9:00 p.m. on 31/01/2021[1];
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings[2].
44254/21
24/08/2021
Aleksandr Sergeyevich NABIYEV
1996
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
St Petersburg
31/01/2021
article 20.2.2 § 1 of CAO
detention for 4 days
St Petersburg City Court
25/02/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence record between 3:20 p.m. on 31/01/2021 and 5:10 p.m. on 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;
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[3];
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[4].
44369/21
12/08/2021
Yevgeniy Olegovich TIKHONOV
2000
Aleksey Vladimirovich Glukhov
Novocheboksarsk
Rally "Free Navalnyy"
Cheboksary
23/01/2021
article 20.2 § 5 of CAO
fine of
RUB 15,000
Supreme Court of Chuvashia
26/03/2021
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 conviction was based.
44373/21
12/08/2021
Artem Aleksandrovich MAKAROV
1989
Aleksey Vladimirovich Glukhov
Novocheboksarsk
Rally "Free Navalnyy"
Cheboksary
23/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Supreme Court of Chuvashia
30/03/2021
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 conviction was based.
44380/21
12/08/2021
Ivan Igorevich KUZNETSOV
1995
Aleksey Vladimirovich Glukhov
Novocheboksarsk
Rally "Free Navalnyy"
Cheboksary
23/01/2021
article 20.2 § 5 of CAO
fine of
RUB 12,000
Supreme Court of Chuvashia
15/04/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the conviction was based.
44383/21
12/08/2021
Aleksey Dmitriyevich MAKSIMOV
2001
Aleksey Vladimirovich Glukhov
Novocheboksarsk
Rally "Free Navalnyy"
Cheboksary
23/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Supreme Court of Chuvashia
23/03/2021
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 conviction was based.
44425/21
17/08/2021
Aleksandr Ivanovich DYAKOV
1988
Stanislav Vyacheslavovich Solovyev
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
fine of
RUB 20,000
Moscow City Court
18/02/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence record between 4:10 p.m. on 31/01/2021 and 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;
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.
44668/21
12/08/2021
Aleksandr Andreyevich KUDRYASHOV
1993
Aleksey Vladimirovich Glukhov
Novocheboksarsk
Rally "Free Navalnyy"
Cheboksary
23/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Supreme Court of Chuvashia
04/05/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
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.
44693/21
12/08/2021
Arkadiy Nikolayevich MITROSHKIN
2021
Aleksey Vladimirovich Glukhov
Novocheboksarsk
Rally "Free Navalnyy"
Cheboksary
23/01/2021
article 20.2 § 5 of CAO
fine of
RUB 12,000
Supreme Court of Chuvashia
06/04/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the conviction was based.
44699/21
12/08/2021
Pavel Vadimovich PETROV
2001
Aleksey Vladimirovich Glukhov
Novocheboksarsk
Rally "Free Navalnyy"
Cheboksary
23/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Supreme Court of Chuvashia
06/04/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the conviction was based.
44706/21
12/08/2021
Anzhelika Nikolayevna ROMANOVA
1995
Aleksey Vladimirovich Glukhov
Novocheboksarsk
Rally "Free Navalnyy"
Cheboksary
23/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Supreme Court of Chuvashia
31/03/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the conviction was based.
44967/21
18/08/2021
Svetlana Mikhaylovna KRIVITSKAYA
1972
Nikolay Vladimirovich Vasilyev
Moscow
Eco-protest
Moscow
27/09/2020
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
18/02/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
45001/21
20/08/2021
Darya Dmitriyevna VIKULOVA
1997
Vladimir Vladimirovich Krasikov
Samara
Rally "Free Navalnyy"
Samara
31/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Samara Regional Court
18/05/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence record;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
45022/21
03/09/2021
Pavel Sergeyevich LEVITSKIY
1986
Ivan Yuryevich Zhdanov
Vilnius
Rally "Free Navalnyy"
Kurgan
23/01/2021
article 20.2 § 5 of CAO
20 hours of community work
Kurgan Regional Court
17/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 for compiling an offence record;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the conviction was based.
45056/21
25/08/2021
Aleksandra Aleksandrovna SHNAYDER
2000
Rally "Free Navalnyy"
Novosibirsk
23/01/2021
article 20.2 § 2 of CAO
detention for 8 days
Novosibirsk Regional Court
25/02/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station between 6:00 p.m. and 9:50 p.m. on 23/01/2021 for compiling an offence record;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - inability to cross-examine in the trial the police officers on whose written statements the conviction was based;
Prot. 7 Art. 2 - Right of appeal against criminal conviction/sentence - 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.
45121/21
17/08/2021
Darya Yevgenyevna SHEVCHENKO
1993
Aleksandr Dmitriyevich Peredruk
St Petersburg
Rally "Free Navalnyy"
St Petersburg
31/01/2021
article 20.2 § 6.1 of CAO
detention for 12 days
St Petersburg City Court
18/02/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 4:30 p.m. on 31/01/2021 and noon on 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;
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;
Prot. 7 Art. 2 - Right of appeal against criminal conviction/sentence - 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.
45255/21
30/08/2021
Inna Vyacheslavovna TITOVA
1985
Vladimir Valeryevich Vasin
Krasnoyarsk
Rally "Free Navalnyy"
Krasnoyarsk
31/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Krasnoyarsk Regional Court
13/05/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record 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;
Art. 6 (1) - lack of fair hearing - refusal to allow evidence in support of the applicant’s account of events (photographs from the protest venue)[5].
45264/21
30/08/2021
Marina Yuryevna KADETOVA
1996
Vladimir Valeryevich Vasin
Krasnoyarsk
Rally "Free Navalnyy"
Krasnoyarsk
31/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Krasnoyarsk Regional Court
19/04/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record 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;
Art. 6 (1) - lack of fair hearing - refusal to allow evidence in support of the applicant’s account of events (photographs from the protest venue).
45271/21
30/08/2021
Pavel Olegovich GERASIMENKO
2001
Vladimir Valeryevich Vasin
Krasnoyarsk
Rally "Free Navalnyy"
Krasnoyarsk
31/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Krasnoyarsk Regional Court
13/05/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record 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.
45276/21
30/08/2021
Valentina Mikhaylovna VESNYANKO
1999
Vladimir Valeryevich Vasin
Krasnoyarsk
Rally "Free Navalnyy"
Krasnoyarsk
23/01/2021
article 20.2 § 5 of CAO
fine of
RUB 20,000
Krasnoyarsk Regional Court
03/06/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record 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.
46593/21
31/08/2021
Yana Aleksandrovna ZENKINA
1993
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Tambov
23/01/2021
article 20.2 § 2 of CAO
fine of
RUB 20,000
Tambov Regional Court
01/03/2021
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 conviction was based;
Art. 6 (1) - lack of fair hearing - refusal of the court to order linguistic forensic examination.
47098/21
16/09/2021
Vladislav Andreyevich LYGIN
1998
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Volgograd
23/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Volgograd Regional Court
17/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record 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.
47146/21
07/09/2021
Stanislav Vladimirovich MERENKOV
1991
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
detention for 10 days
Moscow City Court
18/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 1:20 p.m. on 31/01/2021 and 7:30 p.m. on 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;
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;
Prot. 7 Art. 2 - Right of appeal against criminal conviction/sentence - 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.
47239/21
16/09/2021
Khasana Aleksandrovna ROKOSSOVSKAYA
2000
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Murmansk
30/01/2021
article 20.2 § 2 of CAO
fine of
RUB 10,000
Murmansk Regional Court
09/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 8:00 a.m. on 30/01/2021 and 7:00 p.m. on 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.
28736/22
24/05/2022
Aleksey Igorevich NEFEDOV
1976
Rally "Free Navalnyy"
Novosibirsk
31/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Novosibirsk Regional Court
24/11/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 1:20 p.m. and
6:00 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;
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.
30801/22
09/06/2022
Gleb Yuryevich LEVOCHKIN
1992
Rally "Free Navalnyy"
Moscow
21/04/2021
article 20.2 § 6.1 of CAO
fine of
RUB 10,000
Moscow City Court
09/02/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence record between 7:30 p.m. on 24/02/2021 and 4:00 p.m. on 26/04/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
32624/22
09/06/2022
Anastasiya Georgiyevna TAYNS-KOVALEVSKAYA
1995
Rally "Free Navalnyy"
Moscow
21/04/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
09/12/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
34676/22
29/06/2022
Konstantin Vladimirovich SMIRNOV
2003
Sergey Aleksandrovich Loktev
St Petersburg
Rally "Free Navalnyy"
St Petersburg
21/04/2022
article 20.2.2 § 1 of CAO
fine of
RUB 15,000
St Petersburg City Court
10/03/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence record between 10:40 p.m. on 21/04/2022 and 22/04/2022;
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 the trial the police officers on whose written statements the conviction was based.
35521/22
29/06/2022
Konstantin Sergeyevich MAKLYAK
1990
Aleksey Alekseyevich Levchenko
Rostov-on-Don
Anti-war rally
Rostov-on-Don
06/03/2022
article 19.3 § 1 of CAO
detention for 15 days
Rostov Regional Court
18/03/2022
Art. 5 (1) – unlawful detention - escorting to and detention at the police station for compiling an offence record between 3:20 p.m. on 06/03/2022 and 8:10 a.m. on 07/03/2022;
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 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.
35532/22
29/06/2022
Olesya Igorevna BAKHTIYAROVA
2003
Aleksey Alekseyevich Levchenko
Rostov-on-Don
Anti-war rally
Rostov-on-Don
06/03/2022
article 19.3 § 1 of CAO
detention for 15 days
Rostov Regional Court
10/03/2022
Art. 5 (1) – unlawful detention - escorting to and detention at the police station for compiling an offence record between 3:20 p.m. on 06/03/2022 and 10:00 a.m. on 07/03/2022;
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 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.
36163/22
01/07/2022
Tatyana Vladimirovna CHECHETKINA
1991
Rushan Rafisovich Kabirov
Kazan
Anti-war rally
Kazan
27/02/2022
article 20.2 § 5 of CAO
fine of
RUB 10,000
Supreme Court of Tatarstan
27/04/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 4:00 p.m. on 27/02/2022 and the morning of 28/02/2022 when the applicant was transferred to the court;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
36231/22
01/07/2022
Maksim Vladimirovich MURUGIN
1994
Aleksey Alekseyevich Levchenko
Rostov-on-Don
Anti-war rally
Rostov-on-Don
06/03/2022
article 19.3 § 1 of CAO
detention for 15 days
Sverdlovsk Regional Court
18/03/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 6:10 p.m. on 06/03/2022 and the morning of 07/03/2022;
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 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.
37668/22
25/07/2022
Anna Aleksandrovna AFANASYEVA
1994
Andrey Veniaminovich Chertkov
St Petersburg
Anti-war rally
St Petersburg
02/03/2022
article 20.2.2 § 1 of CAO
fine of
RUB 10,000
St Petersburg City Court
05/04/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 8:00 p.m. on 02/03/2023 and 3:00 p.m. on 03/03/2022,
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 the trial the police officers on whose written statements the applicant’s conviction was based.
37790/22
22/07/2022
Alena Aleksandrovna PARFENOVA
2003
Anastasiya Vladimirovna Pilipenko
St Petersburg
Anti-war rally
St Petersburg
06/03/2022
article 20.2.2 § 1 of CAO
detention for 5 days
St Petersburg City Court
22/03/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 06/03/2022 and 07/03/2022;
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 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.
45186/22
06/09/2022
Vakhtang Anatolyevich PATALAKH
1977
Anti-war rally
Moscow
26/02/2022
article 20.2 § 5 of CAO
fine of
RUB 11,000
Moscow City Court
11/05/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 5:40 p.m. and 10:56 p.m. on 26/02/2022;
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 conviction was based.
[1] Butkevich v. Russia, no. 5865/07, §§ 63-65, 13 February 2018, Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 115-31, 10 April 2018, and Korneyeva v. Russia, no. 72051/17, §§ 34-36, 8 October 2019.
[2] Karelin v. Russia, no. 926/08, §§ 58-85, 20 September 2016.
[3] Schatschaschwili v. Germany [GC], no. 9154/10, §§ 100-31, ECHR 2015, and Murtazaliyeva v. Russia [GC], no. 36658/05, §§ 150-59, 18 December 2018.
[4] Martynyuk v. Russia, no. 13764/15, §§ 38-42, 8 October 2019.
[5] Kasparov and Others v. Russia (no. 2), no. 51988/07, §§ 48-51, 13 December 2016.