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

1985Memorial 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

1995Aleksandr 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

1982Memorial 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

2002Memorial 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

1978Memorial 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

1981Andrey Mikhaylovich IVASHEV

1991Dmitriy Vladimirovich KUDASHEV

1977Ernest 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. (1 st applicant),

- from 2.00 p.m. to 10.00 p.m. (2 nd applicant),

- from 1.25 p.m. to 9.35 p.m. (3 rd 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

1995Memorial 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

1983Memorial 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

2000Memorial 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

2002Konstantin 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

1983Dmitriy 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

1986Yuliya 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

1962Rally 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

2000Memorial 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

2000Memorial 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

1987Memorial 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

1992Anna 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

1992Yevgeniy 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

1992Darya 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

1993Memorial 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

1990Yelena 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

1992Darya 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

1992Memorial 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.