Published on 30 October 2023
SECOND SECTION
Application no. 44147/21
Yuliya Aleksandrovna POGORELOVA against Russia
and 27 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 5 October 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
44147/21*
30/08/2021
Yuliya Aleksandrovna POGORELOVA
1994
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Tambov
31/01/2021
article 20.2 § 6.1 of CAO
detention for 6 days
Tambov Regional Court
01/03/2021
Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 31/01/2021 for compiling administrative offence record and detention at the police station between 1:20 p.m. on 31/01/2021 and 4:40 p.m. on 01/02/2021 - detained for more than three hours after the offence record was drawn up, without any justification,
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 - 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
44501/21*
11/08/2021
Andrey Aleksandrovich RUMYANTSEV
1994
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
detention for 12 days
Moscow City Court
11/02/2021
Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 02/02/2021 for compiling administrative offence record and detention at the police station between 11:20 p.m. on 02/02/2021 and 7:00 p.m. on 03/03/2021 - detained for more than three hours after the offence record was drawn up, without any justification (Tsevtkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018),
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
44514/21*
17/08/2021
Aleksandr Alekseyevich PUSHIN
1996
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
detention for 7 days
Moscow City Court
05/02/2021 (received by the applicant on 02/06/2021)
Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 02/02/2021 for compiling administrative offence record and detention at the police station between 10:30 p.m. on 02/02/2021 and 4:30 p.m. on 03/02/2021 - detained for more than three hours after the offence record was drawn up, without any justification,
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 - Refusal to summon witness for the defence,
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
44580/21*
27/08/2021
Alisher Khakimbekovich BEKNAZAROV
1985
Yelena Yuryevna Pershakova
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Moscow City Court
06/04/2021
Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 31/01/2021 for compiling administrative offence record and detention at the police station between 3:30 p.m. on 31/01/2021 and 12:35 p.m. on 02/02/2021 - detained for more than three hours after the offence record was drawn up, without any justification,
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 police officers who had drawn an administrative offence record
44794/21*
27/08/2021
Lev Borisovich NIKOLSKIY
1998
Yelena Yuryevna Pershakova
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Moscow City Court
24/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 11.30 p.m. on 02/02/2021 and 9:50 a.m. om 03/02/2021,
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 applicant’s conviction was based
44807/21*
27/08/2021
Veniamin Sergeyevich ORLYANSKIY
1981
Yelena Yuryevna Pershakova
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
detention for 5 days
Moscow City Court
30/03/2021
Art. 5 (1) - unlawful deprivation of liberty - escorting to and detention at the police station for compiling an offence record between 11.30 p.m. on 02/02/2021 and 9:15 a.m. on 03/02/2021,
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 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
44883/21*
25/07/2021
Pavel Grigoryevich YAKUSHIN
1995
Darya Dmitriyevna Aksenova
Kolomna
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
detention for 6 days
Moscow City Court
06/04/2021
Art. 5 (1) - unlawful deprivation of liberty - escorting to and detention at the police station for compiling an offence record between 2:00 p.m. on 31/01/2021 and the morning of 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 applicant’s conviction was based.
44892/21*
12/08/2021
Kirill Vladimirovich ALESHIN
1994
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
detention for 12 days
Moscow City Court
19/05/2021
Art. 5 (1) - unlawful deprivation of liberty - escorting to and detention at the police station for compiling an offence record between 1:15 p.m. on 31/01/2021 and 2:30 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,
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. 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.
44906/21*
12/08/2021
Darya Andreyevna ZIMINA
1996
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
detention for 15 days
Moscow City Court
12/02/2021
Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 02/02/2021 for compiling administrative offence record and detention at the police station between 11:05 p.m. on 02/02/2021 and 7:00 p.m. on 03/02/2021 - detained for more than three hours after the offence record was drawn up, without any justification,
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 police officers who had drawn an administrative offence record and refusal of the court to summon witnesses for defence,
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
44910/21*
12/08/2021
Nikita Sergeyevich KARPENKO
1995
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
detention for 10 days
Moscow City Court
12/02/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 11.00 p.m. on 02/02/2021 and 5:00 p.m. on 03/02/2021,
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 applicant’s conviction was based and refusal to summon witnesses for defence K. and Z.;
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
44979/21*
30/08/2021
Dmitriy Gennadyevich NAUMOV
1987
Yelena Yuryevna Pershakova
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
detention for 10 days
Moscow City Court
06/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 11.00 p.m. on 02/02/2021 and 9:00 a.m. on 03/02/2021,
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 the trial the 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
44988/21*
11/08/2021
Yegor Aleksandrovich IVANOV
2002
Danil Ilnurovich Nurgaleyev
Kazan
Rally "Free Navalnyy"
Kazan
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
28/04/2021
Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 23/01/2021 for compiling administrative 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) (c) - lack of fair hearing in view of the refusal to appoint a lawyer for the applicant or to allow him to retain his own counsel
45020/21*
11/08/2021
Aleksey Leonidovich BRAYNIN
1973
Danil Ilnurovich Nurgaleyev
Kazan
Rally "Free Navalnyy"
Kazan
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
14/04/2021
Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 23/01/2021 for compiling administrative offence record and detention at the police station between 3:45 p.m. on 23/01/2021 and 2:00 p.m. on 24/01/2021 - detained for more than three hours after the offence record was drawn up, without any justification,
Art. 6 (1) and Art. 6 (3) (c) - lack of fair hearing - Absence of a lawyer in the first-instance court hearing,
Art. 6 (1) - and Art. 6 (3) (d) - unfair trial in view of restrictions on the right to examine witnesses - Inability to cross-examine police officers who had drawn an administrative offence record
45024/21*
11/08/2021
Tatyana Yuryevna SOKOLOVSKAYA
1975
Danil Ilnurovich Nurgaleyev
Kazan
Rally "Free Navalnyy"
Kazan
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
14/04/2021
Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 23/01/2021 for compiling administrative offence record and detention at the police station between 3:45 p.m. and 9:21 p.m. on 23/01/2021 - detained for more than three hours after the offence record was drawn up, without any justification
45194/21*
27/08/2021
Ivan Alekseyevich LAGASHIN
1991
Yelena Yuryevna Pershakova
Moscow
Rally "Free Navalnyy"
Moscow
02/03/2021
article 20.2 § 6.1 of CAO
detention for 5 days
Moscow City Court
02/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 00:26 a.m. and 9:25 a.m. on 03/02/2021,
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 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.
45200/21*
27/08/2021
Alena Aleksandrovna PAVLOVA
2001
Yelena Yuryevna Pershakova
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
detention for 10 days
Moscow City Court
24/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 11.47 p.m. on 02/02/2021 and noon on 03/02/2021,
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 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
46399/21*
07/08/2021
Kirilla Igorevna LABINTATLO
1993
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
detention for 5 days
Moscow City Court
06/04/2021
Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 02/02/2021 for compiling administrative offence record and detention at the police station between 11:30 p.m. on 02/02/2021 and 7:00 p.m. on 03/02/2021 - detained for more than three hours after the offence record was drawn up, without any justification,
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) (c) - unfair criminal proceedings due to lack of legal representation - refusal of the court to grant the applicant’s request for legal representation in the appeal hearing of her 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 police officers who had drawn an administrative offence record,
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.
46690/21*
07/08/2021
Dmitriy Borisovich RUMSHINSKIY
1970
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
detention for 8 days
Moscow City Court
26/03/2021
Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 31/01/2021 for compiling administrative offence record and detention at the police station between 2:48 p.m. on 31/01/2021 and 12:45 p.m. on 01/02/2021 - detained for more than three hours after the offence record was drawn up, without any justification,
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 police officers who had drawn an administrative offence record,
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.
47031/21*
07/09/2021
Lyudmila Ruslanovna PCHELKINA
1991
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
St Petersburg
31/01/2021
article 20.2.2 § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
16/03/2021
Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 31/01/2021 for compiling administrative offence record and detention at the police station between 1:50 p.m. on 31/01/2021 and 7:50 p.m. on 01/02/2021 - detained for more than three hours after the offence record was drawn up, without any justification,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
47139/21*
02/09/2021
Aleksey Andreyevich GUNYASHOV
1992
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
St. Petersburg
31/01/2021
article 20.2 § 6.1 of CAO
detention for 7 days
St Petersburg City Court
02/03/2021
Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 31/01/2021 for compiling administrative offence record and detention at the police station between 1:50 p.m. on 31/01/2021 and 3:10 p.m. on 01/02/2021 - detained for more than three hours after the offence record was drawn up, without any justification,
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
47152/21*
07/09/2021
Viktor Vasilyevich TIM
1997
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Tula
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 14,000
Tula Regional Court
29/03/2021
Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station on 31/01/2021 for compiling administrative offence record and detention at the police station between 12:20 p.m. on 31/01/2021 and 5:20 p.m. on 31/01/2021 - detained for more than three hours after the offence record was drawn up, without any justification,
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 police officers who had drawn up an administrative arrest offence record,
Art. 6 (1) - lack of fair hearing - Refusal to allow evidence in support of the applicant’s account of events (video records of the events in question)
26850/22*
05/05/2022
Sabina Umirgaliyevna ZHOLTAYEVA
2002
Rushan Rafisovich Kabirov
Kazan
Anti-war rally
Kazan
27/02/2022
article 20.2 § 8 of CAO
detention for 3 days
Supreme Court of the Tatarstan Republic
02/03/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 5:31 p.m. on 27/02/2022 and 28/02/2022, when the applicant was taken to the court for hearing of her case,
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
29705/22*
12/05/2022
Zhanna Andreyevna OSIPOVA
1999
Rushan Zubairovich Ibragimov
Astrakhan
Rally "Free Navalnyy"
Moscow
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
13/12/2021
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.
37042/22*
15/07/2022
Aleksandr Vasilyevich MILEV
1956
Vera Borisovna Mangileva
Yekaterinburg
Anti-war rally
Yekaterinburg
24/02/2022
article 20.2 § 2 of CAO
detention for 9 days
Sverdlovsk Regional Court
02/03/2022 (received by the applicant on 21/03/2021)
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 2:30 p.m. on 24/02/2022 and evening of 25/02/2022,
Art. 6 (1) - lack of fair hearing - absence from the appeal court hearing
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,
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.
40717/22*
12/08/2022
Andrey Leonidovich GRINGAUZ
1977
Aleksey Mikhaylovich Kuroptev
Balashikha
Anti-war rally
St Petersburg
27/02/2022
article 20.2.2 § 1 of CAO
detention for 9 days
St Petersburg City Court
14/04/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 8:00 p.m. on 27/02/2022 and 5:20 p.m. on 28/02/2022,
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 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.#
40941/22
08/08/2022
Timur Olegovich ZAVGORODNIY
1990
Yekaterina Viktorovna Dadayeva
St Petersburg
Anti-war rally
St Petersburg
02/04/2022
article 20.2 § 6.1 of CAO
detention for 7 days
St Petersburg City Court
08/04/2022
Art. 5 (1) - unlawful deprivation of liberty - escorting to and detention at the police station for compiling an offence record between 3:45 p.m. on 02/04/2022 and 12:30 p.m. on 03/04/2022,
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 applicant’s conviction was based.
41278/22
11/08/2022
Pavel Viktorovich KHOLKIN
1969
Vladimir Yakovlevich Kapustin
Yekaterinburg
Anti-war rally
Yekaterinburg
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 12,000
Sverdlovsk Regional Court
01/06/2022
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 who arrested the applicant and also the police officers on whose written statements the applicant’s conviction was based,
Art. 6 (1) - lack of fair hearing - refusal of the court (without providing reasons) to grant the applicant’s request to adduce evidence in support of the applicant’s account of events
44809/22
12/09/2022
Sofya Olegovna LEN
1998
Ernest Aleksandrovich Mezak
Saint-Barthélemy-d’Anjou
Anti-war rally
St Petersburg
02/03/2022
article 20.2.2 § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
24/05/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 7:40 p.m. on 02/03/2022 and evening of 03/03/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
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