10697/23;11475/23;11478/23;11551/23;11552/23;11754/23;11853/23;12159/23;12200/23;12314/23;12346/23;12887/23;13228/23;13239/23;13889/23;14364/23;14612/23;14617/23;14980/23;15578/23;16191/23;17396/23;23502/23;23504/23;23787/23;24808/23;24812/23;25281/23;31419/23;31599/23;34414/23;35123/23;35125/23

FIFTH SECTION CASE OF ARISTOV AND OTHERS v. RUSSIA (Applications nos. 10697/23 and 32 others – see appended list)             JUDGMENT   STRASBOURG 16 May 2024   This judgment is final but it may be subject to editorial revision. In the case of Aristov 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 18 April 2024, 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. 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 their arrest in relation to the dispersal of these assemblies and their conviction for administrative offences. 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. 13.  Having examined all the material before it, the Court concludes that these complaints also disclose violations of the Convention in the light of its findings in Butkevich v. Russia, no. 5865/07, §§ 63-65, 13 February 2018, Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 115-31, 10 April 2018, and Korneyeva v. Russia, no. 72051/17, §§ 34-36, 8 October 2019, as to various aspects of unlawful deprivation of liberty of organisers or participants of public assemblies, and Karelin v. Russia, no. 926/08, §§ 58‑85, 20 September 2016, concerning the absence of a prosecuting party in the proceedings under the Code of Administrative Offences (the CAO). REMAINING COMPLAINTS 14.  The applicant in application no. 34414/23 raised further additional complaints under Article 6 of the Convention. In view of the findings in paragraph 13 above, the Court considers that there is no need to deal separately with these remaining complaints. APPLICATION OF ARTICLE 41 OF THE CONVENTION 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 these applications as they relate to facts that took place before 16 September 2022; Declares the complaints under Article 11 of the Convention 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 examine separately the remaining complaints under Article 6 of the Convention in application no. 34414/23; 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 the 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 16 May 2024, 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/ criminal offence 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]     10697/23 21/02/2023 Kim Anatolyevich ARISTOV     Anti-war protest   Moscow   28/02/2022 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 21/10/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 28/02/2022 until 01/03/2022 4,000     11475/23 25/02/2023 Ruslan Igorevich BELYAYEV     Anti-war protest   Moscow   13/03/2022 article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 27/10/2022 Art. 5 (1) - unlawful detention - escorting to the police station on 13/03/2022 for compiling an offence report 4,000     11478/23 22/02/2023 Mariya Alekseyevna SMIRNOVA Zboroshenko Nikolay Sergeyevich Mytishchi Anti-war protest   Moscow   27/02/2022 article 20.2 § 8 of CAO fine of RUB 150,000 Moscow City Court 25/10/2022 Art. 5 (1) - unlawful detention - escorting to the police station on 27/02/2022 for compiling an offence report 5,500     11551/23 27/02/2023 Darya Sergeyevna KATASONOVA     Anti-war protest   Moscow   06/03/2022 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 27/10/2022 Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report 4,000     11552/23 22/02/2023 Aleksey Sergeyevich TSVETYNIN     Anti-war protest   Moscow   04/03/2022 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 25/10/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 04/03/2022 until 05/03/2022 4,000     11754/23 26/02/2023 Irina Stanislavovna DMITRIYEVSKAYA     Anti-war protest   Moscow   24/02/2022 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 27/10/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 24/02/2022 until 25/02/2022 4,000     11853/23 22/02/2023 Fedor Dmitriyevich RYZHOV     Anti-war protest   Moscow   13/03/2022 article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 31/10/2022 Art. 5 (1) - unlawful detention - escorting to the police station on 13/03/2022 for compiling an offence report 4,000     12159/23 03/02/2023 Dmitriy Alekseyevich ARKHIPOV     Anti-war protest   Moscow   02/03/2022 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 03/10/2022 Art. 5 (1) - unlawful detention - escorting to the police station on 02/03/2022 for compiling an offence report 4,000     12200/23 25/02/2023 Olga Sergeyevna ALTER     Anti-war protest   Moscow   01/03/2022 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 25/10/2022 Art. 5 (1) - unlawful detention - escorting to the police station on 01/03/2022 for compiling an offence report 4,000   12314/23 02/03/2023 Roman Igorevich KISELEV     Anti-war protest   Moscow   02/03/2022 article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 03/11/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 02/03/2022 until 03/03/2022 4,000   12346/23 06/03/2023 Rodion Arturovich AFANASYEV     Anti-war protest   Moscow   06/03/2022 article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 01/12/2022 Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report 4,000   12887/23 07/03/2023 Yevgeniy Vladimirovich ABAYEV-GILDEBRAND Baranova Natalya Andreyevna Moscow Anti-war protest   Moscow   06/03/2022 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 09/11/2022 Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report 4,000   13228/23 23/03/2023 Aleksey Vadimovich DEMIDOV     Anti-war protest   Moscow   06/03/2022 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 23/11/2022 Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report 4,000   13239/23 11/03/2023 Veronika Igorevna KNITEL     Anti-war protest   Moscow   27/02/2022 article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 11/11/2022 Art. 5 (1) - unlawful detention - escorting to the police station on 27/02/2022 for compiling an offence report 4,000   13889/23 10/03/2023 Svyatoslav Maksimovich SINEV     Anti-war protest   Moscow   06/03/2022 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 15/11/2022 Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report 4,000   14364/23 15/03/2023 Yan Alekseyevich KALASHNIKOV     Anti-war protest   Moscow   24/02/2022 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 17/11/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 24/02/2022 until 25/02/2022 4,000   14612/23 04/03/2023 Gleb Vladislavovich OVSYANNIKOV     Anti-war protest   Moscow   06/03/2022 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 09/11/2022 Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report 4,000   14617/23 10/03/2023 Olga Andreyevna SAKHAPOVA     Anti-war protest   Moscow   06/03/2022 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 11/11/2022 Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report 4,000   14980/23 22/03/2023 Nikolay Petrovich KOLPASHNIKOV     Anti-war protest   Moscow   27/02/2022 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 23/11/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 27/02/2022 until 28/02/2022 4,000   15578/23 07/03/2023 Andrey Sergeyevich PETUSHKOV     Anti-war protest   Moscow   24/02/2022 article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 07/11/2022 Art. 5 (1) - unlawful detention - escorting to the police station on 24/02/2022 for compiling an offence report 4,000   16191/23 07/04/2023 Akeksandr Sergeyevich KUDASHEV     Anti-war protest   Samara   27/02/2022 article 20.2 § 5 of CAO fine of RUB 10,000 Samara Regional Court 07/12/2022 Art. 5 (1) - unlawful detention - escorting to the police station on 27/02/2022 for compiling an offence report 4,000   17396/23 11/04/2023 Fedor Mikhaylovich GUROV     Anti-war protest   Moscow   27/02/2022 article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 15/12/2022 Art. 5 (1) - unlawful detention - escorting to the police station on 27/02/2022 for compiling an offence report 4,000   23502/23 23/05/2023 Yana Andreyevna VARKHOLEVA     Anti-war protest   Moscow   06/03/2022 article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 09/02/2023 Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report 4,000   23504/23 23/05/2023 Yekaterina Aleksandrovna ORLOVA     Anti-war protest   Moscow   28/02/2022 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 03/02/2023 Art. 5 (1) - unlawful detention - escorting to the police station on 28/02/2022 for compiling an offence report 4,000   23787/23 17/05/2023 Anna Dmitriyevna MELCHUKOVA     Anti-war protest   Moscow   06/03/2022 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 25/01/2023 Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report 4,000   24808/23 18/04/2023 Anastasiya Alekseyevna BELYANINA Arshinova Valeriya Aleksandrovna Moscow Anti-war protest   Moscow   28/02/2022 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 19/12/2022 Art. 5 (1) - unlawful detention - escorting to the police station on 28/02/2022 for compiling an offence report 4,000   24812/23 18/04/2023 Anastasiya Vasilyevna SHENTALINSKAYA Arshinova Valeriya Aleksandrovna Moscow Anti-war protest   Moscow   24/02/2022 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 19/12/2022 Art. 5 (1) - unlawful detention - escorting to the police station on 24/02/2022 for compiling an offence report 4,000   25281/23 13/06/2023 Aleksey Konstantinovich MIGAY     Anti-war protest   Moscow   03/03/2022 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 17/02/2023 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 03/03/2022 until 04/03/2022 4,000   31419/23 13/07/2023 Mari LOVSKI     Anti-war protest   Moscow   27/02/2022 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 13/03/2023 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 27/02/2022 until 28/02/2022 4,000   31599/23 20/07/2023 Tatyana Petrovna LVOVSKAYA     Anti-war protest   Moscow   25/02/2022 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 21/03/2023 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 25/02/2022 until 26/02/2022 4,000   34414/23 22/09/2021 Nikita Viktorovich GALKIN Zboroshenko Nikolay Sergeyevich Mytishchi Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 28/04/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 4,000   35123/23 04/07/2023 Aleksandr Aleksandrovich KOLOBOV     Anti-war protest   Moscow   03/03/2022 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 09/03/2023 Art. 5 (1) - unlawful detention - escorting to the police station on 03/03/2022 for compiling an offence report 4,000   35125/23 01/07/2023 Mikhail Andreyevich SOKOLOV     Anti-war protest   Moscow   27/02/2022 article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 01/03/2023 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 27/02/2022 until 28/02/2022 4,000     [1] Plus any tax that may be chargeable to the applicants.