I correctly predicted that there was a violation of human rights in KUZNETSOV v. RUSSIA and 12 other applications.

Information

• Judgment date: 2024-04-25
• Communication date: 2023-11-30
• Application number(s): 31856/21
• Country:   RUS
• Relevant ECHR article(s): 3, 5, 5-1, 6, 6-1, 11, 11-2, P7-2
• Conclusion:
  Violation of Article 11 - Freedom of assembly and association (Article 11-1 - Freedom of peaceful assembly)
  Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention)
  Violation of Article 6 - Right to a fair trial (Article 6 - Criminal proceedings
  Article 6-1 - Impartial tribunal)
  Violation of Article 2 of Protocol No. 7 - Right of appeal in criminal matters (Article 2 of Protocol No. 7 - Review of conviction)
• Result: Violation
SEE FINAL JUDGMENT

JURI Prediction

• Probability: 0.687269
• Prediction: Violation

• Consistent

Communication text used for prediction

Published on 8 January 2024 (see list appended) PROCEDURAL INFORMATION Following a preliminary examination of the admissibility of the applications on 30 November 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 – 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 31856/21* 16/06/2021 Sergey Aleksandrovich KUZNETSOV 1985 Aleksandra Nikolayevna Bayeva Moscow Rally “Free Navalnyy” Moscow 31/01/2021 article 20.2 § 6.1 of CAO Detention for 10 days Moscow City Court 08/02/2021 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, Art.
6 (1) - unfair trial in administrative offence proceedings - various deficiencies of the administrative offence proceedings (no possibility to adduce evidence and question a defence witness), 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, Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings, Art.
5 (1) - unlawful detention - escorting to and detention in the police station after compiling an offence report from 12.10 p.m. on 31/01/2021 until 3.00 p.m. on 01/02/2021 40306/21* 30/07/2021 Daniil Vladimirovich NIYAKIY 1996 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 04/03/2021 Art.
5 (1) - unlawful detention - escorting to and detention in the police station before and after compiling an offence report from 11.30 p.m. on 02/02/2021 until 4.00 p.m. on 04/02/2021, 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 40325/21* 30/07/2021 Kamil Rashidovich SULTANOV 1990 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 31/01/2021 article 20.2 § 6.1 of CAO detention for 7 days Moscow City Court 08/04/2021 Art.
5 (1) - unlawful detention - escorting to and an overnight detention in the police station before and after compiling an offence report from 1.40 p.m. on 31/01/2021 until court hearing at 4.00 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, 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 the police officers on whose written statements his 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 40342/21* 30/07/2021 Anatoliy Andreyevich MALTSEV 1993 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 31/01/2021 article 20.2 § 6.1 of CAO detention for 9 days Moscow City Court 05/02/2021 Art.
5 (1) - unlawful detention - escorting to and detention in the police station from 3.30 p.m. on 31/01/2021 until 10.30 p.m. on 01/02/2021 for the sole purpose of compiling an offence report, 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 open court the police officers on whose written statements his 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 47029/21* 15/09/2021 Aleksey Valeryevich SHELEVOY 1976 Ivan Yuryevich Zhdanov Vilnius Rally “Free Navalnyy” Moscow 31/01/2021 article 20.2 § 6.1 of CAO detention for 10 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 police officers on whose written statements the conviction was based, Art.
5 (1) - unlawful detention - arrest and escorting to the police station for compiling an offence report at 12.10 p.m. on 31/01/2021 57697/21* 07/11/2021 Khochiakbar Numonchonovich SHARIPOV 1998 Nikolay Sergeyevich Zboroshenko Mytishchi Rally in support of Izzat Amon Moscow 02/04/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 13/07/2021 Art.
5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 02/04/2021, 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 open court the police officers on whose written statements his conviction was based 2138/22* 15/12/2021 Viktoriya Aleksandrovna POPUGAYEVA 2001 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” St Petersburg 21/04/2021 article 20.2.2.
§ 1 of CAO detention for 2 days St Petersburg City Court 17/06/2021 Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 7318/22* 27/01/2022 Aleksandr Aleksandrovich TKACHEV 1976 Memorial Human Rights Centre Moscow Opposition rally Barnaul 20/06/2020 article 20.2 § 5 of CAO fine of RUB 20,000 Altay Regional Court 11/08/2021 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 the police officers on whose written statements his conviction was based 8000/22* 29/01/2022 Sofya Yevgenyevna BUTSYKINA 2003 Konstantin Aleksandrovich Markin Velikiy Novgorod Rally “Free Navalnyy” Velikiy Novgorod 21/04/2021 article 20.2 § 5 of CAO fine of RUB 5,000 Novgorod Regional Court 12/08/2021 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 open court the police officers on whose written statements her conviction was based, Art.
5 (1) - unlawful detention - escorting to the police station at 8.20 p.m. on 21/04/2021; the offence report was compiled only on 23/04/2021 8027/22 26/01/2022 Maksim Sergeyevich AGAFONOV 1999 Viktor Valeryevich Kochenkov Izhevsk Rally “Free Navalnyy” Izhevsk 21/04/2021 article 20.2 § 5 of CAO fine of 10,000 RUB Supreme Court of the Udmurtia Republic 26/07/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 8.00 p.m. until 11.40 p.m. on 21/04/2021, 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 the police officers on whose written statements his conviction was based, Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 17907/22* 25/03/2022 Dmitriy Vyacheslavovich VELICHKO 1996 Ivan Yuryevich Zhdanov Vilnius Rally “Free Navalnyy” Voronezh 21/04/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Voronezh Regional Court 02/12/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 7.35 p.m. until 11.50 p.m. on 21/04/2021, Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 37745/22 15/07/2022 Roman Mikhaylovich ASHCHENKO 1981 Natalya Andreyevna Baranova Moscow Anti-war protest Moscow 13/03/2022 article 19.3 § 1 of CAO detention for 10 days Moscow City Court 18/03/2022 Art.
5 (1) - unlawful detention - arrest and escorting to the police station on 13/03/2022 for the sole purpose of drawing up a record of administrative offence; detention in excess of 3 hours till the court hearing on 14/03/2022, 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 open court the police officers on whose written statements his 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 49211/22* 24/09/2022 Sergey Vladimirovich KHOROSHEV 1996 Anti-war protest St Petersburg 02/03/2022 article 20.2 § 5 of CAO fine of RUB 12,000 St Petersburg City Court 24/05/2022 Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings Published on 8 January 2024 (see list appended) PROCEDURAL INFORMATION Following a preliminary examination of the admissibility of the applications on 30 November 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 – 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 31856/21* 16/06/2021 Sergey Aleksandrovich KUZNETSOV 1985 Aleksandra Nikolayevna Bayeva Moscow Rally “Free Navalnyy” Moscow 31/01/2021 article 20.2 § 6.1 of CAO Detention for 10 days Moscow City Court 08/02/2021 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, Art.
6 (1) - unfair trial in administrative offence proceedings - various deficiencies of the administrative offence proceedings (no possibility to adduce evidence and question a defence witness), 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, Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings, Art.
5 (1) - unlawful detention - escorting to and detention in the police station after compiling an offence report from 12.10 p.m. on 31/01/2021 until 3.00 p.m. on 01/02/2021 40306/21* 30/07/2021 Daniil Vladimirovich NIYAKIY 1996 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 04/03/2021 Art.
5 (1) - unlawful detention - escorting to and detention in the police station before and after compiling an offence report from 11.30 p.m. on 02/02/2021 until 4.00 p.m. on 04/02/2021, 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 40325/21* 30/07/2021 Kamil Rashidovich SULTANOV 1990 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 31/01/2021 article 20.2 § 6.1 of CAO detention for 7 days Moscow City Court 08/04/2021 Art.
5 (1) - unlawful detention - escorting to and an overnight detention in the police station before and after compiling an offence report from 1.40 p.m. on 31/01/2021 until court hearing at 4.00 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, 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 the police officers on whose written statements his 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 40342/21* 30/07/2021 Anatoliy Andreyevich MALTSEV 1993 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 31/01/2021 article 20.2 § 6.1 of CAO detention for 9 days Moscow City Court 05/02/2021 Art.
5 (1) - unlawful detention - escorting to and detention in the police station from 3.30 p.m. on 31/01/2021 until 10.30 p.m. on 01/02/2021 for the sole purpose of compiling an offence report, 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 open court the police officers on whose written statements his 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 47029/21* 15/09/2021 Aleksey Valeryevich SHELEVOY 1976 Ivan Yuryevich Zhdanov Vilnius Rally “Free Navalnyy” Moscow 31/01/2021 article 20.2 § 6.1 of CAO detention for 10 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 police officers on whose written statements the conviction was based, Art.
5 (1) - unlawful detention - arrest and escorting to the police station for compiling an offence report at 12.10 p.m. on 31/01/2021 57697/21* 07/11/2021 Khochiakbar Numonchonovich SHARIPOV 1998 Nikolay Sergeyevich Zboroshenko Mytishchi Rally in support of Izzat Amon Moscow 02/04/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 13/07/2021 Art.
5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 02/04/2021, 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 open court the police officers on whose written statements his conviction was based 2138/22* 15/12/2021 Viktoriya Aleksandrovna POPUGAYEVA 2001 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” St Petersburg 21/04/2021 article 20.2.2.
§ 1 of CAO detention for 2 days St Petersburg City Court 17/06/2021 Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 7318/22* 27/01/2022 Aleksandr Aleksandrovich TKACHEV 1976 Memorial Human Rights Centre Moscow Opposition rally Barnaul 20/06/2020 article 20.2 § 5 of CAO fine of RUB 20,000 Altay Regional Court 11/08/2021 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 the police officers on whose written statements his conviction was based 8000/22* 29/01/2022 Sofya Yevgenyevna BUTSYKINA 2003 Konstantin Aleksandrovich Markin Velikiy Novgorod Rally “Free Navalnyy” Velikiy Novgorod 21/04/2021 article 20.2 § 5 of CAO fine of RUB 5,000 Novgorod Regional Court 12/08/2021 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 open court the police officers on whose written statements her conviction was based, Art.
5 (1) - unlawful detention - escorting to the police station at 8.20 p.m. on 21/04/2021; the offence report was compiled only on 23/04/2021 8027/22 26/01/2022 Maksim Sergeyevich AGAFONOV 1999 Viktor Valeryevich Kochenkov Izhevsk Rally “Free Navalnyy” Izhevsk 21/04/2021 article 20.2 § 5 of CAO fine of 10,000 RUB Supreme Court of the Udmurtia Republic 26/07/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 8.00 p.m. until 11.40 p.m. on 21/04/2021, 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 the police officers on whose written statements his conviction was based, Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 17907/22* 25/03/2022 Dmitriy Vyacheslavovich VELICHKO 1996 Ivan Yuryevich Zhdanov Vilnius Rally “Free Navalnyy” Voronezh 21/04/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Voronezh Regional Court 02/12/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 7.35 p.m. until 11.50 p.m. on 21/04/2021, Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 37745/22 15/07/2022 Roman Mikhaylovich ASHCHENKO 1981 Natalya Andreyevna Baranova Moscow Anti-war protest Moscow 13/03/2022 article 19.3 § 1 of CAO detention for 10 days Moscow City Court 18/03/2022 Art.
5 (1) - unlawful detention - arrest and escorting to the police station on 13/03/2022 for the sole purpose of drawing up a record of administrative offence; detention in excess of 3 hours till the court hearing on 14/03/2022, 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 open court the police officers on whose written statements his 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 49211/22* 24/09/2022 Sergey Vladimirovich KHOROSHEV 1996 Anti-war protest St Petersburg 02/03/2022 article 20.2 § 5 of CAO fine of RUB 12,000 St Petersburg City Court 24/05/2022 Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 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 31856/21* 16/06/2021 Sergey Aleksandrovich KUZNETSOV 1985 Aleksandra Nikolayevna Bayeva Moscow Rally “Free Navalnyy” Moscow 31/01/2021 article 20.2 § 6.1 of CAO Detention for 10 days Moscow City Court 08/02/2021 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, Art.
6 (1) - unfair trial in administrative offence proceedings - various deficiencies of the administrative offence proceedings (no possibility to adduce evidence and question a defence witness), 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, Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings, Art.
5 (1) - unlawful detention - escorting to and detention in the police station after compiling an offence report from 12.10 p.m. on 31/01/2021 until 3.00 p.m. on 01/02/2021 40306/21* 30/07/2021 Daniil Vladimirovich NIYAKIY 1996 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 04/03/2021 Art.
5 (1) - unlawful detention - escorting to and detention in the police station before and after compiling an offence report from 11.30 p.m. on 02/02/2021 until 4.00 p.m. on 04/02/2021, 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 40325/21* 30/07/2021 Kamil Rashidovich SULTANOV 1990 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 31/01/2021 article 20.2 § 6.1 of CAO detention for 7 days Moscow City Court 08/04/2021 Art.
5 (1) - unlawful detention - escorting to and an overnight detention in the police station before and after compiling an offence report from 1.40 p.m. on 31/01/2021 until court hearing at 4.00 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, 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 the police officers on whose written statements his 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 40342/21* 30/07/2021 Anatoliy Andreyevich MALTSEV 1993 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” Moscow 31/01/2021 article 20.2 § 6.1 of CAO detention for 9 days Moscow City Court 05/02/2021 Art.
5 (1) - unlawful detention - escorting to and detention in the police station from 3.30 p.m. on 31/01/2021 until 10.30 p.m. on 01/02/2021 for the sole purpose of compiling an offence report, 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 open court the police officers on whose written statements his 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 47029/21* 15/09/2021 Aleksey Valeryevich SHELEVOY 1976 Ivan Yuryevich Zhdanov Vilnius Rally “Free Navalnyy” Moscow 31/01/2021 article 20.2 § 6.1 of CAO detention for 10 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 police officers on whose written statements the conviction was based, Art.
5 (1) - unlawful detention - arrest and escorting to the police station for compiling an offence report at 12.10 p.m. on 31/01/2021 57697/21* 07/11/2021 Khochiakbar Numonchonovich SHARIPOV 1998 Nikolay Sergeyevich Zboroshenko Mytishchi Rally in support of Izzat Amon Moscow 02/04/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 13/07/2021 Art.
5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 02/04/2021, 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 open court the police officers on whose written statements his conviction was based 2138/22* 15/12/2021 Viktoriya Aleksandrovna POPUGAYEVA 2001 Memorial Human Rights Centre Moscow Rally “Free Navalnyy” St Petersburg 21/04/2021 article 20.2.2.
§ 1 of CAO detention for 2 days St Petersburg City Court 17/06/2021 Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 7318/22* 27/01/2022 Aleksandr Aleksandrovich TKACHEV 1976 Memorial Human Rights Centre Moscow Opposition rally Barnaul 20/06/2020 article 20.2 § 5 of CAO fine of RUB 20,000 Altay Regional Court 11/08/2021 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 the police officers on whose written statements his conviction was based 8000/22* 29/01/2022 Sofya Yevgenyevna BUTSYKINA 2003 Konstantin Aleksandrovich Markin Velikiy Novgorod Rally “Free Navalnyy” Velikiy Novgorod 21/04/2021 article 20.2 § 5 of CAO fine of RUB 5,000 Novgorod Regional Court 12/08/2021 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 open court the police officers on whose written statements her conviction was based, Art.
5 (1) - unlawful detention - escorting to the police station at 8.20 p.m. on 21/04/2021; the offence report was compiled only on 23/04/2021 8027/22 26/01/2022 Maksim Sergeyevich AGAFONOV 1999 Viktor Valeryevich Kochenkov Izhevsk Rally “Free Navalnyy” Izhevsk 21/04/2021 article 20.2 § 5 of CAO fine of 10,000 RUB Supreme Court of the Udmurtia Republic 26/07/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 8.00 p.m. until 11.40 p.m. on 21/04/2021, 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 the police officers on whose written statements his conviction was based, Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 17907/22* 25/03/2022 Dmitriy Vyacheslavovich VELICHKO 1996 Ivan Yuryevich Zhdanov Vilnius Rally “Free Navalnyy” Voronezh 21/04/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Voronezh Regional Court 02/12/2021 Art.
5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 7.35 p.m. until 11.50 p.m. on 21/04/2021, Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 37745/22 15/07/2022 Roman Mikhaylovich ASHCHENKO 1981 Natalya Andreyevna Baranova Moscow Anti-war protest Moscow 13/03/2022 article 19.3 § 1 of CAO detention for 10 days Moscow City Court 18/03/2022 Art.
5 (1) - unlawful detention - arrest and escorting to the police station on 13/03/2022 for the sole purpose of drawing up a record of administrative offence; detention in excess of 3 hours till the court hearing on 14/03/2022, 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 open court the police officers on whose written statements his 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 49211/22* 24/09/2022 Sergey Vladimirovich KHOROSHEV 1996 Anti-war protest St Petersburg 02/03/2022 article 20.2 § 5 of CAO fine of RUB 12,000 St Petersburg City Court 24/05/2022 Art.
6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings