14839/21;25911/21;26880/21;28248/21;30342/21;31172/21;31544/21;31626/21;31984/21;33882/21

THIRD SECTION CASE OF BAKHMATOV AND OTHERS v. RUSSIA (Applications nos. 14839/21 and 9 others – see appended list)         JUDGMENT   STRASBOURG 9 November 2023         This judgment is final but it may be subject to editorial revision.   In the case of Bakhmatov and Others v. Russia, The European Court of Human Rights (Third Section), sitting as a Committee composed of:  Peeter Roosma, President,  Ioannis Ktistakis,  Andreas Zünd, judges, and Viktoriya Maradudina, Acting Deputy Section Registrar, Having deliberated in private on 19 October 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. They also raised other complaints under the provisions of the Convention and the Protocols thereto. 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.  Some applicants submitted other complaints which also raised issues under the Convention and its Protocols, 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 and its Protocols 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; 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); Martynyuk v. Russia, no. 13764/15, §§ 38-42, 8 October 2019, relating to the lack of suspensive effect of an appeal against the sentence of administrative detention. REMAINING COMPLAINTS 14.  Some applicants raised further additional complaints under Article 6 of the Convention concerning other aspects of fairness of the administrative-offence proceedings. 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 the applicants’ complaints 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 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; Holds that these applications disclose a breach of Article 11 of the Convention; Holds that there has been a violation of the Convention and the Protocols thereto 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 9 November 2023, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.    Viktoriya Maradudina Peeter Roosma  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 per applicant (in euros)[1]     14839/21 25/02/2021 Semen Yevgenyevich BAKHMATOV Nikolay Sergeyevich Zboroshenko Mytishchi Manifestation against constitutional amendments   Moscow   15/07/2020 Article 20.2 § 6.1 of CAO fine of RUB 20,000 Moscow City Court 26/08/2020 Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting and detention at the police station on 15/07/2020 for the sole purpose of drawing up a record of administrative offence;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings     5,000     25911/21 07/05/2021 Ilya Grigoryevich ZHABROV Nikolay Sergeyevich Zboroshenko Mytishchi Manifestation in support of A. Navalnyy   Moscow   31/01/2021 Article 20.2 § 6.1 of CAO 10 days of administrative arrest Moscow City Court 05/02/2021 Art. 5 (1) - unlawful detention – arrest, escorting and detention at the police station on 31/01/2021 for the purpose of drawing up a record of administrative offence;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings         5,000     26880/21 17/05/2021 Anton Vyacheslavovich MATLIN Memorial Human Rights Centre Moscow Manifestation in support of A. Navalnyy   Moscow   02/02/2021 Article 20.2 § 6.1 of CAO 12 days of administrative arrest Moscow City Court 10/02/2021 Art. 5 (1) - unlawful detention - arrest, escorting and detention at the police station on 02/02/2021 for the purpose of drawing up a record of administrative offence and for bringing to the court on 03/02/2021 (overall duration of 12h 35min);   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 03/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO 5,000     28248/21 30/04/2021 Aleksey Vadimovich MIKHALEVSKIY Memorial Human Rights Centre Moscow Manifestation in support of A. Navalnyy   Moscow   31/01/2021 Article 20.2 § 6.1 of CAO 7 days of administrative arrest Moscow City Court 18/02/2021 Art. 5 (1) - unlawful detention - arrest, escorting to the police station and detention on 31/01/2021 for the purpose of drawing up a record of administrative offence and for bringing to the court on 01/02/2021 (overall duration of 29h 40min);   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 01/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO 5,000     30342/21 11/05/2021 Oleg Vladimirovich KOSAREV Nikolay Sergeyevich Zboroshenko Mytishchi Manifestation in support of A. Navalnyy   Moscow   02/02/2021 Article 20.2 § 6.1 of CAO 10 days of administrative arrest Moscow City Court 09/02/2021 Art. 5 (1) - unlawful detention – arrest, escorting and detention on 02/02/2021 for the purpose of drawing up a record of administrative offence;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   5,000     31172/21 13/05/2021 Aleksandr Yuryevich SHCHEDUKHIN     Manifestation in support of A. Navalnyy   Moscow   31/01/2021 Article 20.2 § 6.1 of CAO 10 days of administrative arrest Moscow City Court 12/02/2021 Art. 5 (1) - unlawful deprivation of liberty – arrest, escorting and detention on 31/01-01/02/2021 for the purpose of drawing up a record of administrative offence and for bringing to the court on 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   5,000     31544/21 15/05/2021 Andrey Valentinovich VOLGUSHEV Mansur Idrisovich Gilmanov Podolsk Manifestation against constitutional amendments   Moscow   15/07/2020 Article 20.2 § 6.1 of CAO administrative fine of RUB 10,000 Moscow City Court 18/11/2020 Art. 5 (1) - unlawful detention – arrest, escorting and detention at the police station on 15-16/07/2020 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings     5,000     31626/21 07/06/2021 Aleksey Aleksandrovich SEKOTSKIY  Yelena Yuryevna Pershakova Moscow Manifestation in support of A. Navalnyy   Moscow   23/01/2021 Article 20.2 § 5 of CAO administrative fine of RUB 10,000 Moscow City Court 22/03/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 5 (1) - unlawful detention – arrest, escorting and detention at the police station on 23/01/2021 in excess of 3 hours for the purpose of drawing up a record of administrative offence 5,000     31984/21 15/06/2021 Konstantin Nikolayevich MEZENTSEV Yelena Yuryevna Pershakova Moscow Manifestation in support of A. Navalnyy   Moscow   31/01/2021 Article 20.2 § 6.1 of CAO 10 days of administrative arrest Moscow City Court 05/02/2021 Art. 5 (1) - unlawful detention - arrest, escorting to the police station and detention on 31/01/2021-01/02/2021 (for 15 hours) for the purpose of drawing up a record of administrative offence and for signing the court summons on 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;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 02/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO 5,000   33882/21 03/06/2021 Oleg Aleksandrovich SVYATKIN Aleksey Vladimirovich Glukhov Novocheboksarsk Manifestation in support of A. Navalnyy   Cheboksary   23/01/2021 Article 20.2 § 5 of CAO administrative fine of RUB 10,000 Supreme Court of the Republic of Chuvashia 11/03/2021 Art. 5 (1) - unlawful detention – arrest, escorting and detention at the police station on 30/01/2021 (a few days after the manifestation) for the sole purpose of drawing up a record of administrative offence;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   5,000     [1] Plus any tax that may be chargeable to the applicants.