16181/18;49002/18;15642/20;2017/21;2129/21;3884/21;3972/21;7275/21;11129/21;18544/21;19188/21;19543/21;20103/21;20418/21;22645/21;25041/21;25263/21;25266/21;26569/21;27440/21;38913/21;42178/21;42184/21;52256/21;23324/22

THIRD SECTION CASE OF BESPALOV AND OTHERS v. RUSSIA (Applications nos. 16181/18 and 24 others – see appended list)             JUDGMENT   STRASBOURG 13 November 2025     This judgment is final but it may be subject to editorial revision. In the case of Bespalov and Others v. Russia, The European Court of Human Rights (Third Section), sitting as a Committee composed of:  Úna Ní Raifeartaigh, President,  Mateja Đurović,  Vasilka Sancin, judges, and Viktoriya Maradudina, Acting Deputy Section Registrar, Having deliberated in private on 23 October 2025, 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 on Articles 10 and 11 of the Convention. Being the master of the characterisation to be given in law to the facts of the case (see Radomilja and Others v. Croatia [GC], nos. 37685/10 and 22768/12, § 114, 20 March 2018), the Court finds it appropriate to examine their complaints under Article 11 of the Convention (see Nemytov and Others v. Russia, nos. 1257/21 and 2 others, § 93, 27 May 2025, with further references). 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, Kasparov and Others v. Russia, no. 21613/07, 3 October 2013, and Nemytov and Others, cited above, §§ 155-58 and 143-63, 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, 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; 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); and Elvira Dmitriyeva v. Russia, nos. 60921/17 and 7202/18, §§ 77-90, 30 April 2019, as to administrative conviction for making calls to participate in public assemblies. 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 paragraphs 11-13 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; 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 13 November 2025, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.    Viktoriya Maradudina Úna Ní Raifeartaigh  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]     16181/18 22/03/2018   and   49002/18 29/09/2018 Sergey Aleksandrovich BESPALOV   Ivanets Vyacheslav Sergeyevich Tbilisi, Georgia Meeting with voters to inform them about activities of Mr A. Navalnyy   Irkutsk   04/11/2017       Political rally "He is not our Tsar"   Irkutsk   05/05/2018 article 20.2 § 2 of CAO                   article 20.2 § 8 of CAO   administrative detention of 7 days                 administrative detention of 30 days   Irkutsk Regional Court 22/11/2017                 Irkutsk Regional Court 29/05/2018   Raised in application no. 49002/18 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;   Art. 10 (1) - conviction for making calls to participate in public events – conviction under article 20.2 § 2 of CAO, administrative detention of 10 days on account of organisation of a rally - making calls for participation in a rally in support of A. Navalnyy in Irkutsk on 23/01/2021, final judgment by the Irkutsk Regional Court, 28/01/2021 7,000     15642/20 16/03/2020 Vladimir Arkadyevich KHEYFETS   Borisova Alena Sergeyevna Moscow Series of solo demonstrations in support of journalist I. Golunov   Moscow   07/06/2019 article 20.2 § 6.1 of CAO fine of RUB 10,000 Moscow City Court 24/09/2019 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 3,500     2017/21 02/12/2020 Oleg Igorevich KALININ       Series of solo demonstrations against police brutality   Moscow   14/03/2020 article 20.2 § 8 of CAO administrative detention of 15 days Moscow City Court 04/06/2020 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 14/03/2020 in excess of three hours, for the sole purpose of drawing up a record of administrative offence (such record only compiled on 20/03/2020),   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 5,000     2129/21 26/11/2020 Mariya Sergeyevna KOLTSOVA   Gilmanov Mansur Idrisovich Podolsk Series of solo demonstrations in the wake of a murder of Mr V.T.   Moscow   02/06/2020 article 20.2 § 5 of CAO fine of RUB 10, 000 Moscow City Court 14/10/2020 Art. 5 (1) - unlawful detention - arrest and detention on 02/06/2020 for the sole purpose of drawing up an offence record,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 4,000     3884/21 21/12/2020 Lusine Mamikovna MINASYAN   Gilmanov Mansur Idrisovich Podolsk Series of solo demonstrations against police brutality in the wake of a murder of Mr V. T.   Moscow   02/06/2020 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 22/09/2020 Art. 5 (1) - unlawful detention - arrest and detention on 02/06/2020 for the sole purpose of drawing up an offence record,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 4,000     3972/21 21/12/2020 Liliya Nikitichna KOPTSOVA   Gilmanov Mansur Idrisovich Podolsk Series of solo demonstrations against police brutality in the wake of a murder of Mr V. T.   Moscow   02/06/2020 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 26/11/2020 Art. 5 (1) - unlawful detention - arrest and detention on 02/06/2020 for the sole purpose of drawing up an offence record,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 4,000     7275/21 13/01/2021 Aleksandr Igorevich BAGDYUNOV   Zboroshenko Nikolay Sergeyevich Moscow Series of solo demonstrations against unlawful checks of documents     Moscow   14/03/2020 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 22/07/2020 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 14/03/2020 for the sole purpose of drawing up an offence record,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 4,000     11129/21 01/02/2021 Leonid Dmitriyevich DRABKIN   Memorial Human Rights Centre Moscow Event in support of Ilya Azar   Moscow   30/05/2020 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 22/09/2020 Art. 5 (1) - unlawful detention - arrest, detention on 30/05/2020 as administrative suspect: no evidence/assessment that it was impossible to draw up an offence record on the spot; administrative offence record compiled on 10/06/2020 only,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 4,000     18544/21 17/03/2021 Irma Yevgenyevna MALAKHOVA   Gilmanov Mansur Idrisovich Podolsk Series of solo demonstrations for transgender rights, protest against amendments into the Family Code of Russia   Moscow   18/07/2020 article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 30/11/2020 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 18/07/2020 for sole purpose of drawing 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 4,000   19188/21 17/03/2021 Yevgeniya Anatolyevna GURENKO   Gilmanov Mansur Idrisovich Podolsk Series of solo demonstrations against constitutional amendments   Moscow   18/07/2020 article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 18/12/2020 Art. 5 (1) - unlawful detention - arrest and detention on 18/07/2020 for the sole purpose of drawing a record of administrative offence (such record drawn up on 29/07/2020 only),   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 4,000   19543/21 17/03/2021 Inari Olegovich YEFREMOV   Gilmanov Mansur Idrisovich Podolsk Series of solo demonstrations for transgender rights and against amendments into the Family Code of Russia     Moscow   18/07/2020 article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 18/12/2020 Art. 5 (1) - unlawful detention - arrest, detention on 18/07/2020 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 4,000   20103/21 23/03/2021 Oksana Viktorovna KLOCHKOVA   Memorial Human Rights Centre Moscow Series of solo demonstrations in support of A. Navalnyy   Moscow   21/08/2020 article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 16/02/2021 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 21/08/2020 for the sole purpose of drawing up a record of administrative offence (such record compiled on 28/08/2020),   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - 4,000   20418/21 14/03/2021 Maksim Aleksandrovich LEONOV   Mikhaylova Varvara Dmitriyevna St Petersburg Series of solo demonstrations against amendments to the Constitution   St Petersburg   15/03/2020 article 20.2 § 5 of CAO fine of RUB 10,000 St Petersburg City Court 15/09/2020 Art. 5 (1) - unlawful detention - detention on 15/03/2020 for more than 3 hours for the sole purpose of drawing up a record of administrative offence: arrest at 3.55 p.m., escorted to a police station at 4.45 p.m., released at 10 p.m. (escort record, record of administrative offence submitted, issue raised on appeal) 4,000   22645/21 09/04/2021 Marianna Borisovna BELENKAYA   Gilmanov Mansur Idrisovich Podolsk Series of solo demonstrations in support of I. Safonov   Moscow   07/07/2020 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 14/10/2020 Art. 5 (1) - unlawful detention - arrest and escort to the police station, detention on 07/07/2020 in excess of three hours, for the sole purpose of drawing up a record of administrative offence: arrested at 3.50 p.m., escorted to a police station at 6.40 p.m., released at 9.07 p.m. - as per the escort, arrest records; issue raised on appeal,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 4,000   25041/21 25/04/2021 Ivan Aleksandrovich BABKIN   Eysmont Mariya Olegovna Moscow Series of solo demonstrations against police brutality   Moscow   02/06/2020 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 26/10/2020 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 02/06/2020 for the sole purpose of drawing up a record of an administrative offence,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 4,000   25263/21 25/04/2021 Kseniya Valeryevna LOGINOVA   Eysmont Mariya Olegovna Moscow Series of solo demonstrations against police brutality   Moscow   02/06/2020 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 26/10/2020 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 02/06/2020 for the sole purpose of drawing up a record of administrative offence (such record only compiled on 16/06/2020),   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 4,000   25266/21 25/04/2021 Roza Kirillovna POZDNYAKOVA     Eysmont Mariya Olegovna Moscow Series of solo demonstrations against police brutality   Moscow   02/06/2020 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 26/10/2021 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 02/06/2020 for the sole purpose of drawing up a record of administrative offence (such record only compiled on 16/06/2020),   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 4,000   26569/21 09/05/2021 Yefrosinya Aleksandrovna ROMANOVA   Gilmanov Mansur Idrisovich Podolsk Series of solo demonstrations in support of Yu. Tsvetkova   Moscow   27/06/2020 article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 10/11/2020 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 27/06/2020 for the sole purpose of drawing up a record of administrative offence (such record drawn up on 13/07/2020),   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 4,000   27440/21 22/04/2021 Kseniya Igorevna BABICH   Voronov Anton Dmitriyevich Moscow Series of solo demonstrations in support of arrested journalist I. Azar   Moscow   02/06/2020 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 22/10/2020 Art. 5 (1) - unlawful detention - arrest at 7.40 p.m. on 02/06/2020, taking to a police station as an administrative suspect: there is no evidence/assessment that it was impossible to draw up an offence record on the spot; administrative offence record compiled on 10/07/2020,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 4,000   38913/21 22/07/2021 Natalya Valentinovna REMIZOVA   Memorial Human Rights Centre Moscow Series of solo demonstrations in support of arrested journalist I. Azar   Moscow   30/05/2020 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 16/02/2021 Art. 5 (1) - unlawful detention - arrest and detention on 30/05/2020 for the sole purpose of drawing up a record of administrative offence (such record compiled on 11/06/2020 only),   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 4,000   42178/21 13/08/2021 Artem Sergeyevich BESEDIN   Memorial Human Rights Centre Moscow Series of solo demonstrations in support of journalist S. Prokopyeva   Moscow   03/07/2020 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 06/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station on 03/07/2020 for the sole purpose of compiling an offence report (such record only compiled on 13/07/2020),   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 4,000   42184/21 13/08/2021 Anastasiya Dmitriyevna PLATONOVA   Memorial Human Rights Centre Moscow Series of solo demonstrations in support of journalist I. Safonov   Moscow   07/07/2020 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 06/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station on 07/07/2020 for the sole purpose of drawing up a record of administrative offence (such record only compiled on 29/07/2020),   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - 4,000   52256/21 01/10/2021 Nina Lvovna VOLOKHONSKAYA   Memorial Human Rights Centre Moscow Series of solo demonstrations against arbitrariness of the police   Moscow   16/07/2020 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 06/04/2021 Art. 5 (1) - unlawful detention - arrest, escorting to and detention at the police station on 16/07/2020 for the sole purpose of 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   23324/22 15/02/2022 Igor Alekseyevich YAKOVLEV   Memorial Human Rights Centre Moscow Series of solo demonstrations in support of journalist I. Safronov   Moscow   07/07/2020 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 17/08/2021 Art. 5 (1) - unlawful detention - arrest, escorting to a police station on 07/07/2020 for the sole purpose of drawing up an offence record (such record only compiled on 23/07/2020),   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 4,000     [1] Plus any tax that may be chargeable to the applicants.