10524/20;10959/20;11439/20;12380/20;12745/20;12996/20;13011/20;13677/20;13953/20;13957/20;14314/20;14361/20;14362/20;14722/20;14799/20;16637/20;18728/20;19378/20;19850/20;19899/20

FIFTH SECTION CASE OF ZHILINA AND OTHERS v. RUSSIA (Applications nos. 10524/20 and 19 others – see appended list)         JUDGMENT   STRASBOURG 20 April 2023       This judgment is final but it may be subject to editorial revision.   In the case of Zhilina and Others v. Russia, The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:  María Elósegui, President,  Mattias Guyomar,  Kateřina Šimáčková, judges, and Viktoriya Maradudina, Acting Deputy Section Registrar, Having deliberated in private on 30 March 2023, Delivers the following judgment, which was adopted on that date: PROCEDURE 1.  The case originated in applications against Russia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table. 2.  The Russian Government (“the Government”) were given notice of the applications. THE FACTS 3.  The list of applicants and the relevant details of the applications are set out in the appended table. 4.  The applicants complained of the disproportionate measures taken against them as organisers or participants of public assemblies, namely, manifestations for fair elections to Mosgorduma. They also raised other complaints under the provisions of the Convention. THE LAW JOINDER OF THE APPLICATIONS 5.  Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment. JURISDICTION 6.  The Court observes that the facts giving rise to the alleged violations of the Convention occurred prior to 16 September 2022, the date on which the Russian Federation ceased to be a party to the Convention. The Court therefore decides that it has jurisdiction to examine the present applications (see Fedotova and Others v. Russia [GC], nos. 40792/10 and 2 others, §§ 68-73, 17 January 2023). ALLEGED VIOLATION OF ARTICLE 11 OF THE CONVENTION 7.  The applicants complained principally of disproportionate measures taken against them as organisers or participants of public assemblies, namely the dispersal of these assemblies, as well as their arrest followed by their conviction for administrative offence. They relied, expressly or in substance, on Article 11 of the Convention. 8.  The Court refers to the principles established in its case-law regarding freedom of assembly (see Kudrevičius and Others v. Lithuania [GC], no. 37553/05, ECHR 2015, with further references) and proportionality of interference with it (see Oya Ataman v. Turkey, no. 74552/01, ECHR 2006‑XIV, and Hyde Park and Others v. Moldova, no. 33482/06, 31 March 2009). 9.  In the leading cases of 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, the Court already found a violation in respect of issues similar to those in the present case. 10.  Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion as to the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the interferences with the applicants’ freedom of assembly were not “necessary in a democratic society”. 11.  These complaints are therefore admissible and disclose a breach of Article 11 of the Convention. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW 12.  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 35 § 3 (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 its well-established case-law (see Butkevich v. Russia, no. 5865/07, §§ 63‑65, 13 February 2018, Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-23, 10 April 2018, Kalyapin v. Russia, no. 6095/09, § 76, 23 July 2019, and Korneyeva v. Russia, no. 72051/17, §§ 34-36, 8 October 2019, concerning various aspects of unlawful deprivation of liberty of organisers or participants of public events; and Karelin v. Russia, no. 926/08, 20 September 2016, related to the examination of criminal cases in the absence of a prosecuting party in the judicial proceedings governed by the Federal Code of Administrative Offences (CAO)). REMAINING COMPLAINTS 13.  In view of the above findings, the Court considers that there is no need to deal separately with the applicants’ complaints under Article 6 of the Convention concerning other aspects of the fairness of the administrative offence proceedings and alleged restrictions on the right to examine witnesses. APPLICATION OF ARTICLE 41 OF THE CONVENTION 14.  Article 41 of the Convention provides: “If 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.” 15.  Regard being had to the documents in its possession and to its case-law (see, in particular, Navalnyy and Others v. Russia [Committee], nos. 25809/17 and 14 others, § 22, 4 October 2022), the Court finds it reasonable to award the sums indicated in the appended table. FOR THESE REASONS, THE COURT, UNANIMOUSLY, Decides to join the applications; Holds that it has jurisdiction to deal with the applicants’ complaints as they relate to facts that took place before 16 September 2022; Declares the complaints concerning the dispersal of the public assembly and the other complaints under the well-established case-law of the Court, as set out in the appended table, admissible, and finds that there is no need to deal separately with the remaining complaints of the applicants under Article 6 of the Convention; Holds that these applications disclose a breach of Article 11 of the Convention; 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); Holds (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; (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. Done in English, and notified in writing on 20 April 2023, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.    Viktoriya Maradudina María Elósegui  Acting Deputy Registrar President     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 charges Penalty Final domestic decision Court Name Date Other complaints under well‑established case-law Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant (in euros)[1]     10524/20 11/02/2020 Yekaterina Vladimirovna ZHILINA Sergeyeva Irina Vadimovna Moscow Manifestation for fair elections to Mosgorduma   Moscow   27/07/2019 Article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 10/09/2019 Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to the police office on 27/07/2019 for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours;    Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in the administrative offence proceedings. 4,000     10959/20 16/02/2020 Dmitriy Yuryevich CHERNYAVSKIY Eysmont Mariya Olegovna Moscow Manifestation for fair elections to Mosgorduma   Moscow   27/07/2019 Article 20.2 § 6 of CAO fine of RUB 15,000 Moscow City Court 26/08/2019 Art. 5 (1) - unlawful deprivation of liberty - unlawful detention from 27/07/2019 till 29/07/2019 for the sole purpose of compiling a record of administrative offence; detention in excess of 3 hours;    Art. 6 (1) - lack of impartiality of tribunal - lack of the prosecuting party in the administrative offence proceedings. 4,000     11439/20 15/02/2020 Viktor Igorevich ARTAMONOV Markin Konstantin Aleksandrovich Velikiy Novgorod Manifestation for fair elections to Mosgorduma   Moscow   27/07/2019 Article 20.2 § 6.1 of CAO fine of RUB 20,000 Moscow City Court 16/08/2019  Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in the administrative offence proceedings;    Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to the police office on 27/07/2019 for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours until 29/07/2019; belated drawing up of the record of administrative arrest (raised on appeal). 4,000     12380/20 28/02/2020 Mikhail Alekseyevich FAYTO Vanslova Yekaterina Nizhniy Novgorod Manifestation for fair elections to Mosgorduma   Moscow   27/07/2019 Article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 30/08/2019 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 27/07/2019 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence;    Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in the administrative offence proceedings. 4,000     12745/20 22/02/2020 Artem Viktorovich ABRAMOV Dubinin Nikolay Anatolyevich Moscow Manifestation for fair elections to Mosgorduma   Moscow   27/07/2019 Article 20.2 § 6 of CAO fine of RUB 20,000 Moscow City Court 24/09/2019 Art. 5 (1) - unlawful deprivation of liberty - lack of legal grounds for arrest and escorting to the police station on 27/07/2019; no examination of the possibility of drawing up a record of offence on the spot. 4,000     12996/20 26/02/2020 Aleksandr Yevgenyevich SOLUKOV Vasilyev Nikolay Vladimirovich Moscow Manifestation for fair elections to Mosgorduma   Moscow   27/07/2019 Article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 26/08/2019 Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in the administrative offence proceedings. 3,500     13011/20 26/02/2020 Pavel Aleksandrovich DMITRIYENKO Vasilyev Nikolay Vladimirovich Moscow Manifestation for fair elections to Mosgorduma   Moscow   27/07/2019         Article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 26/08/2019 Art. 6 (1) - lack of impartiality of tribunal - lack of prosecuting party in the administrative offence proceedings. 3,500     13677/20 02/03/2020 Igor Aleksandrovich RATKE Antokhin Yevgeniy Vyacheslavovich Moscow Manifestation for fair elections to Mosgorduma   Moscow   27/07/2019 Article 20.2 § 5 of CAO fine of RUB 15,000   Moscow City Court 06/09/2019 Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in the administrative offence proceedings;   Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to the police office on 27/07/2019 for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours. 4,000     13953/20 27/02/2020 Semen Davydovich LOBANOV Vasilyev Nikolay Vladimirovich Moscow Manifestation for fair elections to Mosgorduma   Moscow   27/07/2019 Article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 28/08/2019 Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in the administrative proceedings. 3,500   13957/20 27/02/2020 Aleksandr Sergeyevich KUKHTINOV Vasilyev Nikolay Vladimirovich Moscow Manifestation for fair elections to Mosgorduma   Moscow   27/07/2019 Article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 28/08/2019 Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in the administrative proceedings. 3,500   14314/20 03/03/2020 Daniil Viktorovich GORBATOV     Manifestation for fair elections to Mosgorduma   Moscow   27/07/2019 Article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 04/09/2019 Art. 5 (1) - unlawful deprivation of liberty - arrest on 27/07/2017 and detention in excess of 3 hours for the purpose of drawing up a record of administrative offence;   Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in the administrative offence proceedings.       4,000   14361/20 28/02/2020 Anna Nikolayevna PAVLOVA Vasilyev Nikolay Vladimirovich Moscow Manifestation for fair elections to Mosgorduma   Moscow   27/07/2019 Article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 30/08/2019 Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in the administrative offence proceedings. 3,500   14362/20 28/02/2020 Artem Vladimirovich TOLSTOV Vasilyev Nikolay Vladimirovich Moscow Manifestation for fair elections to Mosgorduma   Moscow   27/07/2019 Article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 28/08/2019 Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in the administrative offence proceedings. 3,500   14722/20 06/03/2020 Yevgeniy Mikhaylovich SUNTSOV Gilmanov Mansur Idrisovich Podolsk Manifestation for fair elections to Mosgorduma   Moscow   27/07/2019 Article 20.2 § 6.1 of CAO fine of RUB 10,000 Moscow City Court 24/09/2019 Art. 5 (1) - unlawful deprivation of liberty - arrest and detention on 27/07/2019 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence;   Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in the administrative offence proceedings. 4,000   14799/20 03/03/2020 Yelizaveta Borisovna ALEKSANDROVA-ZORINA Vasilyev Nikolay Vladimirovich Moscow Manifestation for fair elections to Mosgorduma   Moscow   27/07/2019         Article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 14/10/2019 Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in the administrative offence proceedings. 3,500   16637/20 10/03/2020 Mikhail Sergeyevich LYASIN     Manifestation for fair elections to Mosgorduma   Moscow   27/07/2019 Article 20.2 § 6.1 of CAO fine of RUB 20,000 Moscow City Court 10/09/2019 Art. 5 (1) - unlawful deprivation of liberty - unlawful (unjustified) arrest on 27-29 July 2019 for the sole purpose of drawing up a record of administrative offence; detention in excess of 3 hours;   Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in the administrative offence proceedings. 4,000   18728/20 09/04/2020 Sergey Viktorovich MELNIKOV Markin Konstantin Aleksandrovich Velikiy Novgorod Manifestation for fair elections to Mosgorduma   Moscow   27/07/2019 Article 20.2 § 6.1 of CAO fine of RUB 15,000   Moscow City Court 10/10/2019 Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to the police office on 27/07/2019 for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours;   Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in the administrative offence proceedings. 4,000   19378/20 23/03/2020 Marina Anatolyevna KEN Chervonnyy Grigoriy Sergeyevich Moscow Manifestation for fair elections to Mosgorduma   Moscow   27/07/2019 Article 20.2 § 6.1 of CAO fine of RUB 15,000 Moscow City Court 24/09/2019 Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to the police office on 27/07/2019 for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours (until 29/07/2017);    Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in the administrative offence proceedings 4,000   19850/20 10/03/2020 Ruslan Agilevich ASHEVSKIY Markin Konstantin Aleksandrovich Velikiy Novgorod Manifestation for fair elections to Mosgorduma   Moscow   27/07/2019 Article 20.2 § 5 of CAO fine of RUB 17,000   Moscow City Court 12/09/2019 Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to the police office on 27/07/2019 for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours;   Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in the administrative offence proceedings. 4,000   19899/20 20/03/2020 Nikolay Vasilyevich KOZIN Mikhaylichenko Kseniya Alekseyevna Moscow Manifestation for fair elections to Mosgorduma   Moscow   27/07/2019 Article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 30/09/2019 Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to the police office on 27/07/2019 for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours (until 29/07/2017). 4,000     [1] Plus any tax that may be chargeable to the applicants.