The applicants complained of the lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings.<\/p>\n
THIRD SECTION This judgment is final but it may be subject to editorial revision.<\/p>\n In the case of Polishchuk and Others v. Russia,<\/strong><\/p>\n The European Court of Human Rights (Third Section), sitting as a Committee composed of: Having deliberated in private on 20 October 2022,<\/p>\n Delivers the following judgment, which was adopted on that date:<\/p>\n PROCEDURE<\/strong><\/p>\n 1. The case originated in applications against Russia lodged with the Court under Article\u00a034 of the Convention for the Protection of Human Rights and Fundamental Freedoms (\u201cthe Convention\u201d) on the various dates indicated in the appended table<\/p>\n 2. The Russian Government (\u201cthe Government\u201d) were given notice of the applications.<\/p>\n THE FACTS<\/strong><\/p>\n 3. The list of applicants and the relevant details of the applications are set out in the appended table.<\/p>\n 4. The applicants complained of the lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings. They also raised other complaints under the provisions of the Convention.<\/p>\n THE LAW<\/strong><\/p>\n I. JOINDER OF THE APPLICATIONS<\/strong><\/p>\n 5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.<\/p>\n II. ALLEGED VIOLATION OF ARTICLE 6 \u00a7 1of the Convention<\/strong><\/p>\n 6. The applicants complainedof the lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings.They relied, expressly or in substance, on Article 6 \u00a7 1 of the Convention, which reads as follows:<\/p>\n Article 6 \u00a7 1<\/p>\n \u201cIn the determination of … any criminal charge against him, everyone is entitled to a fair … hearing … by an independent and impartial tribunal established by law.\u201d<\/p>\n 7. The relevant principles of the Court\u2019s case-law concerning the requirement of impartiality under Article 6 \u00a7 1 of the Convention can be found in the leading case of Karelin v. Russia (no. 926\/08, \u00a7\u00a7 51-57, 20\u00a0September 2016, with further references). In that case the Court assessed the national rules of administrative procedure and concluded that the statutory requirements allowing for the national judicial authorities to consider an administrative offence case which falls within the ambit of Article 6 of the Convention under its criminal limb, in the absence of a prosecuting authority, was incompatible with the principle of objective impartiality set out in Article\u00a06 of the Convention.<\/p>\n 8. Having examined all the material submitted to it, having dismissed the Government\u2019s objection of non-exhaustion of domestic remedies (see Smadikov v. Russia (dec.), no. 10810\/15, 31 January 2017), and having regard to the issue of the compliance with the six-month period under Article 35 \u00a7 1 of the Convention (see Saakashvili v. Georgia (dec.), nos. 6232\/20 and\u00a022394\/20, \u00a7\u00a7 46-59, 1 March 2022, in which the Court addressed the COVID-related extension of the period in question and concluded that it should be exceptionally considered to have been suspended for three calendar months in total whenever it either started to run or was due to expire at any time between 16 March and 15 June 2020), the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of these complaints.<\/p>\n 9. These complaints are therefore admissible and disclose a breach of Article\u00a06 \u00a7 1 of the Convention.<\/p>\n III. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW<\/strong><\/p>\n 10. The applicants submitted other complaints which also raised issues under the Convention, given the relevant well-established case-law of the Court (see appended table). These complaints are not manifestly ill-founded within the meaning of Article\u00a035\u00a0\u00a7\u00a03\u00a0(a) of the Convention, nor are they inadmissible on any other ground. Accordingly, they must be declared admissible. Having examined all the material before it, the Court concludes that they also disclose violations of the Convention in the light of its findings in Frumkin v. Russia, no. 74568\/12, \u00a7\u00a7 81-142, 5 January 2016, as regards disproportionate measures taken by the authorities against organisers and participants of public assemblies, and Tsvetkova and Others v. Russia, nos.\u00a054381\/08 and 5 others, \u00a7\u00a7 84-138, 10 April 2018, as regards unlawful administrative arrest.<\/p>\n IV. REMAINING COMPLAINTS<\/strong><\/p>\n 11. As regards other complaints under Article 6 of the Convention about unfairness of the proceedings, submitted by the applicants in applications nos.\u00a09016\/19, 21014\/19, 27100\/20 and 42213\/20, the Court, having reached the conclusion about the lack of impartiality of the tribunal under Article 6 of the Convention (see paragraph 9 above), does not consider it necessary to examine them separately.<\/p>\n V. APPLICATION OF ARTICLE\u00a041 OF THE CONVENTION<\/strong><\/p>\n 12. Article 41 of the Convention provides:<\/p>\n \u201cIf the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.\u201d<\/p>\n 13. Regard being had to the documents in its possession and to its case\u2011law (see, in particular, Kuratov and Others v. Russia [Committee],nos.\u00a024377\/15 and 2 others, 22 October 2019), the Court considers it reasonable to award the sums indicated in the appended table.<\/p>\n 14. The Court further considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.<\/p>\n FOR THESE REASONS, THE COURT, UNANIMOUSLY,<\/strong><\/p>\n 1. Decides to join the applications;<\/p>\n 2. Declares the complaints concerning the lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings and the other complaints under well-established case-law of the Court, as set out in the appended table,admissible, and decides that it is not necessary to examine separately further complaints under Article 6 of the Convention raised in applications nos. 9016\/19, 21014\/19, 27100\/20 and 42213\/20 about unfair administrative-offence proceedings;<\/p>\n 3. Holds that the applications disclose a breach of Article 6 \u00a7 1 of the Convention concerning the lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings;<\/p>\n 4. Holds that there has been a violation of the Convention as regards the other complaints raised under well-established case-law of the Court (see appended table);<\/p>\n 5. Holds<\/p>\n (a) that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;<\/p>\n (b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.<\/p>\n Done in English, and notified in writing on 10 November 2022, pursuant to Rule\u00a077\u00a0\u00a7\u00a7\u00a02 and\u00a03 of the Rules of Court.<\/p>\n Viktoriya Maradudina \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 Darian Pavli _____________<\/p>\n APPENDIX<\/strong><\/p>\n List of applications raising complaints under Article 6 \u00a7 1 of the Convention<\/p>\n (lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings)<\/p>\n
\nCASE OF POLISHCHUK AND OTHERS v. RUSSIA<\/strong>
\n(Applications nos. 29308\/18 and 6 others \u2013 see appended list)<\/em>
\nJUDGMENT
\nSTRASBOURG
\n10 November 2022<\/p>\n
\nDarian Pavli, President,
\nAndreas Z\u00fcnd,
\nFr\u00e9d\u00e9ric Krenc, judges,
\nand Viktoriya Maradudina, ActingDeputy Section Registrar,<\/p>\n
\nActing Deputy Registrar \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 President<\/p>\n