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issued by the Registrar of the Court   ECHR 049 (2017)   02.02.2017   Russian authorities repeatedly violated Aleksey Navalnyy’s human rights   with arbitrary arrests, unlawful deprivations of liberty, and unfair trials   In today’s Chamber judgment1 in the case of Navalnyy v. Russia (application nos. 29580/12,   36847/12, 11252/13, 12317/13 and 43746/14) the European Court of Human Rights held that there   had been:   violations of Articles 5 (right to liberty), 6 (right to a fair trial) and 11 (right to freedom of   assembly) of the European Convention on Human Rights   The case concerned the arrest of Aleksey Navalnyy on seven occasions at different public gatherings,   and his subsequent prosecution for administrative offences. Mr Navalnyy complained that these   measures had been politically motivated and had violated his human rights.   The Court found that all of the arrests had been disproportionate reactions to peaceful political   gatherings, undertaken without any assessment of whether they were justified, and that they had   violated Mr Navalnyy’s right to freedom of assembly. Taken together with other cases, they suggest   the existence of a practice whereby police would interrupt an unnotified but peaceful gathering and   arrest the participants as a matter of routine. The seven occasions when Mr Navalnyy had been   arrested - and the two occasions when he had also been held in pre-trial detention – had all been   arbitrary deprivations of his liberty, as no reason had been given as to why they were necessary in   the circumstances. Finally, six of the seven proceedings for administrative offences had been unfair.   The courts had based their judgments solely on the versions of events put forward by the police,   whilst systematically failing to check their allegations, refusing Mr Navalnyy’s requests for the court   to examine evidence, and automatically presuming bias on behalf of all witnesses who had testified   in his favour.   Principal facts   The applicant, Aleksey Anatolyevich Navalnyy, is a Russian national who was born in 1976 and lives   in Moscow (Russia). He is a political activist, opposition leader, anti-corruption campaigner and   popular blogger.   On the evening of 5 March 2012, Mr Navalnyy was arrested during a meeting held in Moscow’s   Pushkinskaya Square involving around 500 people, which was devoted to the allegedly rigged   Russian presidential elections. During an overnight “walkabout” in Moscow on 8 May 2012, where   activists met to discuss the inauguration of President Putin the previous day, Mr Navalnyy was   arrested without warning on two occasions: firstly in the early hours of the morning whilst walking   down Lubyanskiy Proyezd accompanied by about 170 people; and secondly between 11p.m. and   midnight, whilst walking down Bolshaya Nikitskaya Street in a group of around 50 people. At 6 a.m.   on 9 May 2012 Mr Navalnyy was arrested in Kudrinskaya Square in Moscow whilst in a gathering of   to 100 people discussing current affairs. On 27 October 2012 Mr Navalnyy had picketed the   Russian Investigation Committee to protest against “repressions and torture” in co-ordination with   around 30 others, and was arrested - according to him, whilst walking away from the event. Finally,   1. Under Articles 43 and 44 of the Convention, this Chamber judgment is not final. During the three-month period following its delivery,   any party may request that the case be referred to the Grand Chamber of the Court. If such a request is made, a panel of five judges   considers whether the case deserves further examination. In that event, the Grand Chamber will hear the case and deliver a final   judgment. If the referral request is refused, the Chamber judgment will become final on that day.   Once a judgment becomes final, it is transmitted to the Committee of Ministers of the Council of Europe for supervision of its execution.   Further information about the execution process can be found here: www.coe.int/t/dghl/monitoring/execution.   Mr Navalnyy was arrested twice on 24 February 2014: first when attending Zamoskvoretskiy District   Court for the delivery of the judgment in a case concerning Bolotnaya Square protestors; and second   when attending a public gathering of around 150 participants in Tverkaya Street later that evening.   Following each of the arrests, Mr Navalnyy was taken to a police station for several hours, while an   offence report was drawn up. He was then charged with an administrative offence, of either   breaching the established procedure for conducting public events (under Article 20.2 of the Code of   Administrative Offences); or disobeying a lawful order of the police (under Article 19.3 of the Code).   On two of the occasions, after being arrested and charged he was kept in pre-trial detention (for a   number of hours on 9 May 2012; and overnight on the evening of 24 February 2014). All of the   charges led to a hearing, in which Mr Navalnyy was duly convicted of an offence. On five occasions   he was sentenced to a fine, ranging from 1,000 to 30,000 Russian roubles; and on two occasions he   was sentenced administrative detention (fifteen and seven days’ long). All of Mr Navalnyy’s appeals   against the judgments were dismissed.   Complaints, procedure and composition of the Court   Relying on Article 11 (right to freedom of assembly), Mr Navalnyy complained that the authorities   had repeatedly interrupted peaceful, non-violent gatherings, by arresting, prosecuting and   eventually convicting him. Relying on Article 5 (right to liberty), he complained that the seven arrests   (and two instances of pre-trial detention) had been unlawful and arbitrary deprivations of his liberty.   Relying on Article 6 (right to a fair trial), he complained that the subsequent proceedings against him   had all been unfair. Finally, Mr Navalny relied on Article 14 (prohibition of discrimination), as well as   Article 18 (limitation on the restriction of rights) taken in conjunction with Articles 5 and 11, to   complain that the authorities’ actions had been politically motivated.   The applications were lodged with the European Court of Human Rights on 14 May 2012, 28 May   2012, 30 November 2012, 14 January 2013 and 6 June 2014.   Judgment was given by a Chamber of seven judges, composed as follows:   Luis López Guerra (Spain), President,   Helena Jäderblom (Sweden),   Helen Keller (Switzerland),   Dmitry Dedov (Russia),   Branko Lubarda (Serbia),   Pere Pastor Vilanova (Andorra),   Alena Poláčková (Slovakia),   and also Fatoş Aracı, Deputy Section Registrar.   Decision of the Court   Article 11 (right to freedom of assembly)   Breaking up a demonstration is not necessarily justified, simply because there was no prior   authorisation for it. In order to safeguard the right to freedom of assembly public authorities must   show a certain degree of tolerance to such irregular meetings, when the gathering does not involve   violence. Whether any measures are taken by the authorities must depend primarily on whether any   nuisance is being caused, and its seriousness.   In this case, the gatherings and the conduct of Mr Navalnyy had been undeniably peaceful.   Nevertheless, the meetings were dispersed, Mr Navalnyy was arrested, and he was convicted of   administrative offences – without any assessment of the disturbance the gatherings had caused.   These events were identical to those in several other cases that have come before the Court,i   suggesting the existence of a routine practice whereby the police would interrupt a gathering and   arrest the participants.   In this case, even if the actions of the authorities had been carried out lawfully and in pursuit of a   legitimate aim (which the Court did not address), the Court found that in the circumstances the   measures had been disproportionate. Furthermore, the Court noted that the measures had a serious   potential to have a chilling effect, by deterring future attendance at public gatherings, and   preventing an open political debate – an effect amplified by the fact that a well-known public figure   had been targeted, who was bound to attract wide media coverage. The Court therefore held that   there had been a violation of Article 11 on account of all seven episodes.   Article 5 (right to liberty and security)   It was undisputed that on seven occasions Mr Navalnyy was deprived of his liberty from the time of   his arrest and until his release, or, on two occasions, until his transfer to court. The Government   submitted that this had been for the purpose of bringing him before the competent legal authority   on suspicion of an administrative offence, and had therefore been lawful. However, under Article   27.2 of the Code of Administrative Offences, suspects could only be escorted to a police station for   the purpose of drawing up an administrative offence, if the reports could not be drawn up at the   place where the offence was discovered. For the seven occasions when Mr Navalnyy was arrested,   there was no reason why the report could not have been drawn up on the spot. The Court therefore   found that these arrests had been an arbitrary and unlawful deprivation of liberty.   Once the reports had been drawn up at the police station, further remand in custody prior to a   judicial hearing would have required special justification. No such justification was provided by the   domestic authorities for the two occasions when Mr Navalnyy had been detained before his case   was heard by a judge. The Court therefore held that these detentions had been unjustified and   arbitrary.   Accordingly, there had been a violation of Article 5 § 1 on account of Mr Navalnyy’s arrest on seven   occasions and his pre-trial detention on two occasions.   Article 6 (right to a fair trial)   In regard to the proceedings concerning the events of 5 March 2012, the appeal court had obtained   the evidence of an independent private individual to corroborate the police reports, and had also   examined a video recording submitted by Mr Navalnyy. On the basis of all the evidence, the appeal   court had found in the prosecution’s favour. Given these considerations, the Court held that the   appeal court’s assessment was neither arbitrary nor unreasonable, and that the proceedings on that   occasion had been compliant with Article 6 § 1.   In contrast, the courts in the other six sets of proceedings had based their judgments solely on the   versions of events put forward by the police. Furthermore, they had systematically failed to check   the police’s factual allegations, refused Mr Navalnyy’s requests to adduce evidence, and   automatically presumed bias on behalf of all witnesses who testified in his favour. These decisions   were therefore not based on an acceptable assessment of the relevant facts, in violation of the right   to a fair hearing.   Other articles   The Court held that, given its findings under the other heads of complaint, it was not necessary to   examine Mr Navalnyy’s claims under Article 18 in conjunction with Articles 5 and 11, or those made   under Article 14.   Just satisfaction (Article 41)   The Court held that Russia was to pay Mr Navalnyy 1,025 euros (EUR) in respect of pecuniary   damage, EUR 50,000 in respect of non-pecuniary damage and EUR 12,653 in respect of costs and   expenses.   Separate opinions   Judges Lopez Guerra, Keller and Pastor Vilanova expressed a joint partly dissenting opinion. Judge   Keller also expressed a partly dissenting opinion alone. These opinions are annexed to the judgment.   The judgment is available only in English.   This press release is a document produced by the Registry. It does not bind the Court. Decisions,   judgments and further information about the Court can be found on www.echr.coe.int. To receive   the Court’s press releases, please subscribe here: www.echr.coe.int/RSS/en or follow us on Twitter   @ECHRpress.   Press contacts   [email protected] | tel.: +33 3 90 21 42 08   George Stafford (tel: + 33 3 90 21 41 71)   Tracey Turner-Tretz (tel: + 33 3 88 41 35 30)   Denis Lambert (tel: + 33 3 90 21 41 09)   Inci Ertekin (tel: + 33 3 90 21 55 30)   The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member   States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights.   i Malofeyeva v. Russia, no. 36673/04, §§ 136-39, 30 May 2013; Kasparov and Others v. Russia (no. 21613/07, §   95, 3 October 2013; Navalnyy and Yashin v. Russia (no. 76204/11, §§ 65, 4 December 2014), and Novikova and   Others v. Russia (nos. 25501/07, 57569/11, 80153/12, 5790/13 and 35015/13, 26 April 2016)   4