21782/21;31152/21;34911/21;43664/21;48085/21;49873/21;50845/21;51556/21;54357/21;27/22;6368/22;14423/22;16210/22;25328/22;28106/22;38898/22;38906/22;40591/22;40595/22

FOURTH SECTION CASE OF ZHUKOVETS AND OTHERS v. RUSSIA (Applications nos. 21782/21 and 18 others – see appended list)             JUDGMENT   STRASBOURG 28 March 2024   This judgment is final but it may be subject to editorial revision. In the case of Zhukovets and Others v. Russia, The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:  Branko Lubarda, President,  Armen Harutyunyan,  Ana Maria Guerra Martins, judges, and Viktoriya Maradudina, Acting Deputy Section Registrar, Having deliberated in private on 7 March 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. Some applicants 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.  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); Novikova and Others v. Russia, nos. 25501/07 and 4 others, 26 April 2016, concerning disproportionate measures against solo demonstrators; and 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 paragraphs 11 and 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 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 28 March 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.    Viktoriya Maradudina Branko Lubarda  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]     21782/21 02/04/2021 Anton Alekseyevich ZHUKOVETS Ivanets Vyacheslav Sergeyevich Tbilisi, Georgia Rally "Free Navalnyy"   Irkutsk 23/01/2021 article 20.2 § 2 of CAO detention for 10 days Irkutsk Regional Court 28/01/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 5,000     31152/21 23/05/2021 Arkadiy Vasilyevich TRIFONOV Bochilo Anna Yevgenyevna Barnaul Rally "Free Navalnyy"   Barnaul 23/01/2021   Rally "Free Navalnyy"   Barnaul 21/04/2021 article 20.2 § 6.1 of CAO         article 20.2 § 6.1 of CAO fine of RUB 10,000       40 hours of community work Altai Regional Court 17/03/2021     Altay Regional Court 10/06/2021 Art. 5 (1) - unlawful deprivation of liberty - escorting to and detention at the police station for compiling an offence record between 3:00 p.m. on 23/01/2021 and the afternoon of 24/01/2021; escorting to the police station for compiling an offence record on 21/04/2021;    Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of administrative proceedings (concerning the events of 23/01/2021 and 21/04/2021)             5,000     34911/21 20/06/2021 Maksimilian Vitalyevich FEDYUNIN Bochilo Anna Yevgenyevna Barnaul Rally "Free Navalnyy"   Lipetsk 23/01/2021   Rally "Free Navalnyy"   Lipetsk 21/04/2021 article 20.2 § 5 of CAO         article 20.2 § 5 of CAO fine of RUB 10,000       fine of RUB 75,000 Lipetsk Regional Court 11/03/2021     Lipetsk Regional Court 27/05/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record on 23/01/2021; escorting to and detention at the police station for compiling an offence record between 8:05 p.m. on 21/04/2021 and 1:45 p.m. on 22/04/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of administrative proceedings (concerning the events of 23/01/2021 and 21/04/2021) 5,000     43664/21 12/08/2021 Valeriya Dmitriyevna DELINA Glukhov Aleksey Vladimirovich Novocheboksarsk Rally "Free Navalnyy"   Cheboksary 23/01/2021   Rally "Free Navalnyy"   Cheboksary 21/04/2021 article 20.2 § 5 of CAO         article 20.2 § 8 of CAO fine of RUB 10,000       40 hours of community work Supreme Court of the Republic of Chuvashia 25/03/2021   Supreme Court of the Republic of Chuvashia 24/06/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record on 04/06/2021;    Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of administrative proceedings   5,000     48085/21 07/09/2021 Irina Kimovna OGANESYAN Aksenova Darya Dmitriyevna Kolomna Rally "Free Navalnyy"   Moscow 23/01/2021 article 20.2 § 6.1 of CAO fine of RUB 15,000 Moscow City Court 10/03/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record on 23/01/2021,    Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   4,000     49873/21 22/09/2021 Anton Sergeyevich FILIPPOV Bochilo Anna Yevgenyevna Barnaul  Rally "Free Navalnyy"   Moscow 31/01/2021   Anti-war rally   Moscow 24/02/2022 article 20.2 § 6.1 of CAO         article 20.2 § 8 of CAO fine of RUB 10,000       detention for 30 days Moscow City Court 26/03/2021       Moscow City Court 14/03/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 3:30 p.m. on 31/01/2021 and 4:00 p.m. on 01/02/2021; escorting to and detention at the police station for compiling an offence record between 8:30 p.m. on 24/02/2022 and 7:10 a.m. on 25/02/2022;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of administrative proceedings (concerning the events of 31/01/2021 and 24/02/2022)   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO / Tushinskiy District Court of Moscow 25/02/2022 5,000     50845/21 24/09/2021 Andrey Anatolyevich ISAKOV Kosnyrev Vladislav Vladimirovich Syktyvkar Rally "Free Navalnyy"   Syktyvkar 31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Supreme Court of the Komi Republic 24/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 1:30 p.m. and 9:30 p.m. on 31/01/2021,    Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 4,000     51556/21 29/09/2021 Olga Alekseyevna ZENINA Gak Irina Vladimirovna Rostov-on-Don Rally "Free Navalnyy"   Rostov-on-Don 31/01/2021 article 20.2 § 6.1 of CAO fine of RUB 10,000 Rostov Regional Court 30/03/2021 Art. 5 (1) - unlawful deprivation of liberty - escorting to and detention at the police station for compiling an offence record between 1:00 p.m. and 6:00 p.m. on 31/01/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   4,000     54357/21 20/10/2021 Yevgeniy Vladimirovich NEVECHERYA Dimitriyev Dmitriy Sergeyevich Orenburg Rally "Free Navalnyy"   Orenburg 31/01/2021 article 20.2 § 5 of CAO fine for RUB 10,000 Orenburg Regional Court 20/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 1:45 p.m. and 5:30 p.m. on 31/01/2021,    Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 4,000   27/22 26/11/2021 Konstantin Viktorovich KISELEV Bushmakov Aleksey Vladimirovich Yekaterinburg Rally "Free Navalnyy"   Yekaterinburg 23/01/2021   Rally "Free Navalnyy"   Yekaterinburg 31/01/2021 article 20.2 § 5 of CAO         article 20.2 § 5 of CAO fine of RUB 15,000       fine of RUB 15,000 Sverdlovsk Regional Court 24/06/2021     Sverdlovsk Regional Court 16/06/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of administrative proceedings (concerning the events of 23/01/2021 and 31/01/2021) 3,500   6368/22 15/01/2022 Darya Aleksandrovna BELYAYEVA Kachanov Roman Yevgenyevich Yekaterinburg Rally against police abuse   Yekaterinburg 23/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Sverdlovsk Regional Court 18/08/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 3,500   14423/22 16/02/2022 Konstantin Leonidovich MIKHAYLOV Kochenkov Viktor Valeryevich Izhevsk Rally "Free Navalnyy"   Izhevsk 31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Supreme Court of the Republic of Udmurtia 16/08/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 08:00 p.m. and 11:40 p.m. on 31/01/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 4,000   16210/22 18/01/2022 Aleksey Sergeyevich STERKHOV Kochenkov Viktor Valeryevich Izhevsk Rally "Free Navalnyy"   Izhevsk 31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Supreme Court of the Republic of Udmurtia 19/07/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 12:30 p.m. and 5:10 p.m. on 31/01/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 4,000   25328/22 (8 applicants) Vladislav Vitalyevich ARINICHEV Aleksandr Denisovich BEZRUCHKIN   Timofey Aleksandrovich DANILOV   Pavel Alekseyevich GLAZKOV   Stanislav Yuryevich KARMAKSKIKH   Petr Andreyevich SAMSONOV   Aleksandr Nikolayevich SHRAMKOV   Denis Sergeyevich SKUDAYEV   Baranova Natalya Andreyevna Moscow Mr Arinichev: anti-war protest   Moscow 08/03/2022   Mr Bezruchkin: anti-war protest   Moscow 11/03/2021   Mr Danilov: anti-war protest   Yaroslavl 06/03/2022   Mr Glazkov: anti-war protest   Moscow 13/03/2022   Mr Karmakskikh: anti-war protest   Tomsk 06/03/2022     Mr Samsonov: anti-war protest   Tomsk 06/03/2022     Mr Shramkov: anti-war protest   Volokonovka 14/03/2022     Mr Skudayev: anti-war protest   Perm 06/03/2022       article 20.3.3 § 1 of CAO         article 20.3.3 § 1 of CAO         article 20.3.3 § 1 of CAO         article 20.3.3 § 1 of CAO         article 20.3.3 § 1 of CAO           article 20.3.3 § 1 of CAO           article 20.3.3 § 1 of CAO           article 20.3.3 § 1 of CAO fine of RUB 50,000       fine of RUB 50,000       fine of RUB 30,000       fine of RUB 50,000       fine of RUB 45,000         fine of RUB 30,000         fine of RUB 40,000         fine of RUB 30,000         Moscow City Court 11/05/2022       Moscow City Court 17/05/2022       Yaroslavl Regional Court 19/05/2022     Moscow City Court 26/04/2022       Tomsk Regional Court 08/04/2022       Tomsk Regional Court 08/04/2022       Belgorod Regional Court 23/05/2022       Perm Regional Court 26/05/2022           4,000, to each of the applicants   28106/22 17/05/2022 Marina Pal SINGKH Fazulyanov Oleg Borisovich St Petersburg Photo session to protest violence against women St Petersburg 25/11/2021   Anti-war rally   St Petersburg 24/02/2022 article 20.2 § 2 of CAO         article 20.2.2 § 1 of CAO fine of RUB 20,000       detention for 15 days St Petersburg City Court 18/01/2022       St Petersburg City Court 05/04/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 8:50 p.m. on 25/11/2021 and 5:00 p.m. on 27/11/2021; between 9:50 p.m. on 24/02/2022 and 5:15 a.m. on 25/02/2022,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of administrative proceedings (concerning the events of 25/11/2021 and 24/02/2022) 5,000   38898/22 22/07/2022 Konstantin Vitalyevich MIKHAYLOV Kosheleva Inna Viktorovna Kirov Opposition rally   Kirov 03/02/2022 article 20.2 § 2 of CAO fine of RUB 20,000 Kirov Regional Court 06/04/2022 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 3,500   38906/22 29/07/2022 Artem Aleksandrovich SHCHELOKOV Bannikov Ruslan Yuryevich Voronezh Anti-war protest   Voronezh 24/02/2022 article 20.2 § 8 of CAO detention for 1 day Voronezh Regional Court 07/04/2022 Art. 10 (1) - disproportionate measures against solo demonstrators – on 06/03/2022 in Voronezh / solo protest against war in Ukraine / article 20.3.3 § 1 of CAO / fine of RUB 30,000 / 06/07/2022 by the Voronezh Regional Court,   Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 8:00 p.m. on 24/02/2022 and his transfer to court next day, on 25/02/2022; escorting to the police station for compiling an offence record on 06/03/2022,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings – both sets of the proceedings   5,000   40591/22 10/08/2022 Vladislav Valeryevich BATALOV Dadayeva Yekaterina Viktorovna St Petersburg Anti-war protest   St Petersburg 02/04/2022 article 20.2 § 6.1 of CAO detention for 10 days St Petersburg City Court 11/04/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 2:30 p.m. and 11:02 p.m. on 02/04/2022,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   5,000   40595/22 10/08/2022 Aleksandr Sergeyevich OREKHOV Dadayeva Yekaterina Viktorovna St Petersburg Anti-war rally   St Petersburg 02/04/2022 article 20.2 § 6.1 of CAO detention for 10 days St Petersburg City Court 11/04/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 2:40 p.m. and 11:43 p.m. on 02/04/2022,    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.