Published on 27 November 2023

SECOND SECTION

Application no. 38691/21 Vladislav Georgiyevich MARGOVICH against Russia and 22 other applications

(see list appended)

PROCEDURAL INFORMATION

Following a preliminary examination of the admissibility of the applications on 2 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 – 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 offence (code of administrative offences, CAO)

Penalty

Final domestic decision

Court Name

Date

Other complaints under well-established case-law

38691/21*

15/07/2021

Vladislav Georgiyevich MARGOVICH

1997Memorial Human Rights Centre

Moscow

Rally in support of A.Navalnyy

St Petersburg

31/01/2021

article 20.2.2. § 1 of CAO

administrative detention of

4 days

St Petersburg City 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 3.20 p.m. on 31/01/2021 to 5.00 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: St Petersburg City Court, 25/02/2021,

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant by the trial court was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.

50394/21*

30/09/2021

Irina Aleksandrovna MAMSUROVA

2001Mariya Sergeyevna Zyryanova

St Petersburg

Rally in support of A.Navalnyy

St Petersburg

31/01/2021

article 20.2.2 § 1 of CAO

fine of RUB 15,000

St Petersburg City Court

01/04/2021

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 5.40 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: St Petersburg City Court, 01/04/2021,

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 the trial the police officers on whose written statements the applicant’s conviction was based.

50397/21*

30/09/2021

Entoni Aleks MZILANGVE

1995Mariya Sergeyevna Zyryanova

St Petersburg

Rally in support of A.Navalnyy

St Petersburg

31/01/2021

article 20.2.2 § 1 of CAO

fine of RUB 18,000

St Petersburg City Court

01/04/2021

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 5.00 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: St Petersburg City Court, 01/04/2021,

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 the trial two police officers on whose written statements his conviction was based.

50399/21*

30/09/2021

Roman Vladimirovich PISAREVSKIY

1999Mariya Sergeyevna Zyryanova

St Petersburg

Rally in support of A.Navalnyy

St Petersburg

31/01/2021

article 20.2.2 § 1 of CAO

fine of RUB 15,000

St Petersburg City Court

01/04/2021

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 5.40 p.m. on 31/01/2021 to 01/02/2021, hearing in the applicant’s administrative-offence cases,

Art. 6 (1) - lack of impartiality of tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: St Petersburg City Court, 01/04/2021,

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 the trial two police officers on whose written statements his conviction was based.

54533/21*

18/10/2021

Yevgeniy Aleksandrovich DENISOV

1989Memorial Human Rights Centre

Moscow

Rally in support of A.Navalnyy

St Petersburg

21/04/2021

article 20.2.2. § 1 of CAO

administrative detention of 10 days

St Petersburg City Court

28/04/2021

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 8.30 p.m. on 21/04/20221 to 4.00 p.m. on 22/04/2021, hearing in the applicant’s administrative-offence case; the applicant spent 2h30 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: St Petersburg City Court, 21/04/2021,

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant by the trial court was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.

55882/21*

05/11/2021

Yekaterina Sergeyevna SHVETSOVA

1992Ivan Yuryevich Zhdanov

Vilnius

Rally in support of A.Navalnyy

Kirov

23/01/2021

article 20.2 § 5 of CAO

fine RUB 5,000

Kirov Regional Court

18/05/2021

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Kirov Regional Court, 18/05/2021,

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 officer on whose written statements the applicant’s conviction was based.

55905/21

29/10/2021

Anton Vladimirovich SAVCHENKO

Memorial Human Rights Centre

Moscow

Rally in support of A.Navalnyy

Voronezh

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Voronezh Regional Court

25/05/2021

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 2.10 p.m. to 10.40 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 - Voronezh Regional Court, 25/05/2021,

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 the trial the police officers on whose written statements the applicant’s conviction was based.

59080/21*

27/11/2021

Andrey Genrikhovich BESEDIN

2002Ivan Yuryevich Zhdanov

Vilnius

Rally in support of A.Navalnyy

St Petersburg

23/01/2021

St Petersburg Government Decree of 13/03/2020 related to anti-COVID-19 measures

fine of RUB 4,000

Oktyabrskiy District Court of St Petersburg

29/06/2021

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 1.20 p.m. on 23/01/2021 to 1.00 a.m. on 24/01/2021,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Oktyabrskiy District Court of St Petersburg, 29/06/2021,

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 two police officers on whose written statements his conviction was based.

24057/22*

09/02/2022

Denis Mikhaylovich OLSHIN

1989Memorial Human Rights Centre

Moscow

Rally in support of A.Navalnyy

St Petersburg

21/04/2021

article 20.2.2 § 1 of CAO

fine of RUB 15,000

St Petersburg City Court

17/08/2021

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 8.30 p.m. on 21/04/2021 to 6.00 p.m. on 22/04/2021, hearing in the applicant’s administrative-offence case; the applicant spent 2 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: St Petersburg City Court, 17/08/2021,

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 the trial the police officers on whose written statements the applicant’s conviction was based.

35539/22*

05/07/2022

Anton Andreyevich CHEREPOV

1991Natalya Andreyevna Baranova

Moscow

Anti-war protest

St Petersburg

06/03/2022

article 20.2.2 § 1 of CAO

administrative detention of 15 days

St Petersburg City Court

10/03/2022

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 3.30 p.m. on 06/03/2022 to 3.00 p.m. on 07/03/2022, 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 decision: St Petersburg City Court, 10/03/2022,

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,

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant by the trial court was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO

35662/22*

05/07/2022

Olga Aleksandrovna KOSHKAROVA

1988Olesya Anatolyevna Vasilchenko

Minyar

Anti-war protest

St Petersburg

06/03/2022

article 20.2.2 § 1 of CAO

administrative detention of 7 days

St Petersburg City Court

11/03/2022

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 4.55 p.m. on 06/03/2022 to 2.30 p.m. on 07/03/2022, hearing in the applicant’s administrative-offence case; the applicant spent more than 3 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: St Petersburg City Court, 11/03/2022,

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,

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant by the trial court was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.

35808/22*

05/07/2022

Leonid Yevgenyevich VINOGRADOV

1968Natalya Andreyevna Baranova

Moscow

Rally in support of A.Navalnyy

St Petersburg

21/04/2021

article 20.2.2 § 1 of CAO

fine of RUB 20,000

St Petersburg City Court

22/04/2022

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 10.15 p.m. on 21/04/2021 to 4.00 p.m. on 22/04/2021, hearing in the applicant’s administrative-offence case.

36823/22

11/07/2022

Anna Vyacheslavovna GUK

1997Leonid Leonidovich Krikun

St Petersburg

Anti-war protest

St Petersburg

06/03/2021

article 20.2.2 § 1 of CAO

administrative detention of 5 days

St Petersburg City Court

11/03/2022

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 6.22 p.m. on 06/03/2022 to 3.10 p.m. on 07/03/2022, 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 decision: St Petersburg City Court, 11/03/2022,

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,

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant by the trial court was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.

36827/22

11/07/2022

Mark Vyacheslavovich KHUAKO

1995Leonid Leonidovich Krikun

St Petersburg

Anti-war protest

St Petersburg

06/03/2022

article 20.2.2 § 1 of CAO

administrative detention of 10 days

St Petersburg City Court

11/03/2022

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 6.22 p.m. on 06/03/2022 to 2.15 p.m. on 07/03/2022, 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 decision: St Petersburg City Court, 11/03/2022,

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,

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant by the trial court was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.

36837/22

11/07/2022

Matvey Mikhaylovich ANTIPOV

1995Leonid Leonidovich Krikun

St Petersburg

Anti-war protest

St Petersburg

06/03/2022

article 20.2.2 § 1 of CAO

administrative detention of 7 days

St Petersburg City Court

11/03/2022

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 6.25 p.m. on 06/03/2022 to 3.00 p.m. on 07/03/2022, 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 decision: St Petersburg City Court, 11/03/2022,

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,

Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant by the trial court was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.

38569/22*

25/07/2022

Dmitriy Nikolayevich MASHKIN

1988Olesya Anatolyevna Vasilchenko

Minyar

Anti-war protest

St Petersburg

24/02/2022

article 20.2.2. § 1 of CAO

fine of RUB 10,000

St Petersburg City Court

29/03/2022

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 7.30 p.m. on 24/02/2022 to 1.10 p.m. on 26/02/2022, 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 decision: St Petersburg City Court, 29/03/2022,

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.

39864/22

29/07/2022

Vasilisa Dmitriyevna SATIRSKAYA

1983Leonid Leonidovich Krikun

St Petersburg

Anti-war protest

St Petersburg

24/02/2022

article 20.2.2 § 1 of CAO

fine of RUB 20,000

St Petersburg City Court

29/03/2022

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 9.00 p.m. on 24/02/2022 to 5.45 p.m. on 26/02/2022, 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 decision: St Petersburg City Court, 29/03/2022,

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.

39990/22*

04/08/2022

Petr Mikhaylovich POPOV

1995Olesya Anatolyevna Vasilchenko

Minyar

Anti-war protest

St Petersburg

24/02/2022

article 20.2 § 5 of CAO

fine of RUB 20,000

St Petersburg City Court

05/04/2022

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 8.03 p.m. on 24/02/2022 to 9.00 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 decision: St Petersburg City Court, 05/04/2022,

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 applicant’s conviction was based.

39993/22*

04/08/2022

Sergey Nikolayevich KABEYEV

1989Olesya Anatolyevna Vasilchenko

Minyar

Anti-war protest

St Petersburg

27/02/2022

article 20.2.2. § 1 of CAO

fine of RUB 10,000

St Petersburg City Court

07/04/2022

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 8.00 p.m. on 27/02/2022 to 4.00 p.m. on 28/02/2022; the applicant spent more than 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: St Petersburg City Court, 07/04/2022,

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 applicant’s conviction was based.

40063/22*

03/08/2022

Kira Iosifovna KOVALENKO

1979Olesya Anatolyevna Vasilchenko

Minyar

Anti-war protest

St Petersburg

06/03/2022

article 20.2.2 § 1 of CAO

fine of RUB 10,000

St Petersburg City Court

07/04/2022

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 2.15 p.m. on 06/03/2022 to 11.00 a.m. on 07/03/2022, hearing in the applicant’s administrative-offence case; the applicant spent 2h30 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: St Petersburg City Court, 07/04/2022,

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 applicant’s conviction was based.

41050/22*

29/07/2022

Natalya Igorevna BALAYEVA

1984Natalya Andreyevna Baranova

Moscow

Anti-war protest

St Petersburg

27/02/2022

article 20.2 § 5 of CAO

fine of RUB 12,000

St Petersburg City Court

05/04/2022

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 8.10 p.m. on 27/02/2022 to 4.25 a.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 - final decision: St Petersburg City Court, 05/04/2022,

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 applicant’s conviction was based.

41061/22*

14/08/2022

Vladislav Viktorovich ISAKOV

1995Natalya Andreyevna Baranova

Moscow

Anti-war protest

St Petersburg

25/02/2022

article 20.2.2 § 1 of CAO

fine of RUB 10,000

St Petersburg City Court

28/04/2022

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 9.30 p.m. on 25/02/2022 to 3.00 a.m. on 26/02/2022, hearing in the applicant’s administrative-offence case; the applicant spent more than 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: St Petersburg City Court, 28/04/2022,

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 applicant’s conviction was based.

41339/22*

15/08/2022

Dmitriy Sergeyevich SARYCHEV

1989Natalya Andreyevna Baranova

Moscow

Anti-war protest

St Petersburg

27/02/2022

article 20.2.2 § 1 of CAO

fine of RUB 10,000

St Petersburg City Court

19/04/2022

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 6.00 p.m. on 27/02/2022 to 1.30 p.m. on 28/02/2022, hearing in the applicant’s administrative-offence case; the applicant spend 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: St Petersburg City Court, 19/04/2022,

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 applicant’s conviction was based