28133/21;41690/21;50436/21;52681/21;54522/21;55130/21;61277/21;22/22;28/22;34/22;37/22;99/22;279/22;336/22;363/22;425/22;3481/22;3506/22;3533/22;37202/22;48484/22;48650/22;50123/22

THIRD SECTION CASE OF KULVINSKAYA AND OTHERS v. RUSSIA (Applications nos. 28133/21 and 22 others – see appended list)             JUDGMENT   STRASBOURG 8 February 2024     This judgment is final but it may be subject to editorial revision.   In the case of Kulvinskaya 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 18 January 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.  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); 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 above findings, 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 complaints 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 8 February 2024, 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 / criminal 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]     28133/21 17/05/2021 Natalya Eduardovna KULVINSKAYA Anna Yevgenyevna Bochilo 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 § 8 of CAO fine of RUB 10,000           40 hours of community work Altai Region Court 17/03/2021         Altai Regional Court 16/06/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings;   Art. 5 (1) - unlawful detention - 1) escorting to and detention at the police station after compiling an offence report from 23/01/2021 until 24/01/2021; 2) escorting to the police station for compiling an offence report on 21/04/2021 4,000     41690/21 29/07/2021 Viktor Aleksandrovich NEMYTOV Nikolay Sergeyevich Zboroshenko Mytishchi Rally "Free Navalnyy"   Moscow   02/02/2021   Rally "Free Navalnyy"   Moscow   02/02/2021   Anti-war protest   Moscow   27/02/2022 article 20.2 § 5 of CAO           article 20.2 § 8 of CAO           article 20.2 § 8 of CAO fine of RUB 10,000           detention of 30 days           detention of 28 days Moscow City Court 16/04/2021         Moscow City Court 09/02/2021         Moscow City Court 01/03/2022 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of the administrative-offence proceedings;     Art. 5 (1) - unlawful detention - 1) escorting to the police station on 02/02/2021 for compiling an offence report (twice in one day); 2) escorting to and detention at the police station after compiling an offence report from 27/02/2022 until 28/02/2022;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentences of administrative detention imposed on the applicant (on two occasions) were executed immediately, on account of the lack of suspensive effect of an appeal under the CAO 6,000     50436/21 21/09/2021 Nikolay Mikhaylovich NOVIKOV Nikolay Sergeyevich Zboroshenko Mytishchi Rally "Free Navalnyy"   Moscow   31/01/2021   Rally "Free Navalnyy"   Moscow   02/02/2021 article 20.2 § 6.1 of CAO           article 20.2 § 5 of CAO fine of RUB 10,000           fine of RUB 10,000 Moscow City Court 29/06/2021         Moscow City Court 25/05/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 and 02/02/2021 for compiling an offence report;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings   4,000     52681/21 30/09/2021 Svetlana Valeryevna LOZOVSKAYA     Rally "Free Navalnyy"   Ulan-Ude   23/01/2021   Rally "Free Navalnyy"   Ulan-Ude   31/01/2021 article 20.2 § 5 of CAO           article 20.2 § 5 of CAO fine of RUB 15,000           fine of RUB 20,000 Supreme Court of the Buryatia Republic 05/04/2021       Supreme Court of the Buryatia Republic 12/04/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 and 31/01/2021 for compiling offence reports;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings 4,000     54522/21 14/10/2021 Aleksandr Vladimirovich MASLOV Aleksey Sergeyevich Lapuzin Samara Rally "Free Navalnyy"   Samara   23/01/2021       article 20.2 § 5 of CAO fine of RUB 20,000 Samara Regional Court 15/04/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 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     55130/21 15/10/2021 Konstantin Valeryevich NADEIN  Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   St Petersburg   23/01/2021   Anti-war protest   St Petersburg 06/03/2022 article 8.6-1 § 2 of St Petersburg Law on Administrative Offences     article 20.2.2. § 1 of CAO fine of RUB 4,000           detention of 7 days Oktyabrskiy District Court of St Petersburg 23/06/2021       St Petersburg City Court 07/04/2022 Art. 5 (1) - unlawful detention - 1) escorting to the police station on 23/01/2021 for compiling an offence report; 2) escorting to and detention at the police station after compiling an offence report from 06/03/2022 until 07/03/2022;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings   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. 5,000     61277/21 01/12/2021 Irina Anatolyevna LEVCHENKO Ivan Yuryevich Zhdanov Vilnius Rally "Free Navalnyy"   Krasnoyarsk   23/01/2021   Rally "Free Navalnyy"   Krasnoyarsk   31/01/2021 article 20.2 § 5 of CAO           article 20.2 § 5 of CAO fine of RUB 10,000           fine of RUB 10,000 Krasnoyarsk Regional Court 08/07/2021         Krasnoyarsk Regional Court 10/06/2021 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 both sets of the administrative-offence proceedings     4,000     22/22 26/11/2021 Yegor Igorevich VASILCHENKO Aleksey Vladimirovich Bushmakov Yekaterinburg Rally "Free Navalnyy"   Yekaterinburg   30/01/2021 article 20.2 § 5 of CAO 20 hours of community work Sverdlovsk Regional Court 16/06/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 19/02/2021 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     28/22 26/11/2021 Kirill Mikhaylovich GAVRIKOV Aleksey Vladimirovich Bushmakov Yekaterinburg Women’s rights rally   Yekaterinburg   08/03/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Sverdlovsk Regional Court 11/08/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 3,500   34/22 26/11/2021 Aygizar Alfatovich ASFANDIYAROV Aleksey Vladimirovich Bushmakov Yekaterinburg Women’s rights rally   Yekaterinburg   08/03/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Sverdlovsk Regional Court 21/07/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 08/03/2021 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   37/22 26/11/2021 Anna Anatolyevna LUKASHENOK Aleksey Vladimirovich Bushmakov Yekaterinburg Women’s rights rally   Yekaterinburg   08/03/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Sverdlovsk Regional Court 27/07/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 3,500   99/22 07/12/2021 Aleksandra Andreyevna KLEVTSOVA Yelena Yuryevna Pershakova Moscow Rally "Free Navalnyy"   Perm   23/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Perm Regional Court 08/06/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 28/01/2021 for questioning and 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   279/22 02/12/2021 Mikhail Mikhaylovich BULYGIN Aleksey Valeryevich Vlasov Tula Rally "Free Navalnyy"   Tula   23/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Tula Regional Court 21/05/2021 (final decision served on the applicant on 02/06/2021) 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 - escorting to the police station on 23/01/2021 for compiling an offence report 4,000   336/22 10/12/2021 Andrey Vladimirovich KRAYEV Andrey Olegovich Valenkov Nizhniy Novgorod Rally "Free Navalnyy"   Nizhniy Novgorod   31/01/2021 article 20.2 § 5 of CAO fine of RUB 5,000 Nizhniy Novgorod Regional Court 17/06/2021 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   363/22 24/11/2021 Nikita Aleksandrovich VOVK Viktor Valeryevich Kochenkov Izhevsk Rally "Free Navalnyy"   Izhevsk   31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Supreme Court of the Udmurtia Republic 24/05/2021 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   425/22 26/11/2021 Maksim Pavlovich BENEKHIN Olimpiada Valentinovna Usanova Nizhniy Novgorod Rally "Free Navalnyy"   Nizhniy Novgorod   31/01/2021 article 20.2 § 6.1 of CAO fine of RUB 10,000 Nizhniy Novgorod Regional Court 27/05/2021 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   3481/22 14/12/2021 Anna Antonovna ROMANOVA Daniil Alekseyevich Polyakov Voronezh Rally "Free Navalnyy"   Voronezh   31/01/2021 article 20.2 § 5 of CAO fine of RUB 12,000 Voronezh Regional Court 15/06/2021 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   3506/22 10/12/2021 Arina Andreyevna MAKHMUDOVA Luiza Magomedovna Magomedova St Petersburg Rally "Free Navalnyy"   St Petersburg   31/01/2021 article 20.2.2. § 1 of CAO fine of RUB 10,000 St Petersburg City Court 15/06/2021 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   3533/22 18/12/2021 Daniil Aleksandrovich IVANOV Yelena Yuryevna Pershakova Moscow Rally "Free Navalnyy"   Moscow   02/02/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 21/06/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 02/02/2021 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   37202/22 12/07/2022 Yelizaveta Vadimovna KRUPENINA Sergey Aleksandrovich Loktev St Petersburg Anti-war protest   St Petersburg   26/02/2022   Anti-war protest   St Petersburg   28/02/2022 article 20.2.2. § 1 of CAO           article 20.2.2. § 1 of CAO fine of RUB 10,000           fine of RUB 10,000 St Petersburg City Court 12/04/2022         St Petersburg City Court 12/06/2022 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings;   Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 26/02/2022 until 27/02/2022 and from 28/02/2022 until 01/03/2022 4,000   48484/22 16/09/2022 Oleg Petrovich ORLOV Irina Aleksandrovna Yatsenko Moscow Anti-war protest   Moscow   26/02/2022   Anti-war protest   Moscow   06/03/2022 article 20.2 § 5 of CAO           article 20.2 § 5 of CAO fine of RUB 20,000           fine of RUB 20,000 Moscow City Court 01/07/2022         Moscow City Court 07/07/2022 Art. 5 (1) - unlawful detention - escorting to the police station on 26/02/2022 and 06/03/2022 for compiling an offence report;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings 4,000   48650/22 30/09/2022 Aleksandra Vladislavovna KOZICHEVA Mariya Sergeyevna Zyryanova St Petersburg Anti-war protest   St Petersburg   08/03/2022 article 20.2.2. § 1 of CAO fine of RUB 10,000 St Petersburg City Court 31/05/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 08/03/2022 until 09/03/2022;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   4,000   50123/22 13/10/2022 Aleksandr Anatolyevich STREPETOV Nataliya Andreyevna Baranova Moscow Anti-war protest   St Petersburg   04/03/2022 article 20.2.2. § 1 of CAO fine of RUB 15,000 St Petersburg City Court 14/06/2022 Art. 5 (1) - unlawful detention - escorting to the police station on 04/03/2022 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     [1] Plus any tax that may be chargeable to the applicants.