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THIRD SECTION CASE OF STALIN AND OTHERS v. RUSSIA (Applications nos. 2825/21 and 31 others – see appended list)             JUDGMENT   STRASBOURG 14 December 2023   This judgment is final but it may be subject to editorial revision. In the case of Stalin 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 23 November 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. 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, §§ 63-67, 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 (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 the Convention or Protocols to it. 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 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 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; 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 14 December 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 and costs and expenses per applicant (in euros) [1]     2825/21 05/12/2020 Damir Islamovich STALIN Peredruk Aleksandr Dmitriyevich St Petersburg Political rally   Samara, 21/06/2020       Rally to support A. Navalnyy   Samara, 23/01/2021 article 20.2 § 2 of CAO           article 20.2 § 5 of CAO       5 days of detention (quashed on appeal)       15 hours of community work   Samara Regional Court 30/06/2020       Samara Regional Court 15/04/2021   Art. 5 (1) - unlawful detention - (i) delay of more than a few hours in releasing the applicant (after the appeal decision of 30/06/2020 by Samara Regional Court, quashing his sentence to 5-day detention, he was released on 01/07/2020); (ii) on 05/02/2021 escorting to a police station for compiling an offence report in relation to the rally 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 in 2021,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - lack of suspensive effect of an appeal against the sentence of detention in 2020. 5,000     20302/21 14/03/2021 Denis Vasilyevich GRUBENKO Vasin Vladimir Valeryevich Krasnoyarsk Rally to support S. Furgal   Krasnoyarsk, 01/08/2020   Rally to support A. Navalnyy   Krasnoyarsk, 21/04/2021 article 20.2 § 5 of CAO         article 20.2 § 8 of CAO fine of RUB 10,000       3 days of detention Krasnoyarsk Regional Court 24/09/2020     Krasnoyarsk Regional Court 17/06/2021 Art. 5 (1) - unlawful detention - on 21/04/2021 and 23-24/04/2021 escorting to and detention in a police station 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,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - lack of suspensive effect of an appeal against the sentence of detention. 5,000     21107/21 05/04/2021 Vladimir Ivanovich CHERNYSHEV Sokolov Yevgeniy Vladislavovich Belgorod Rally to support A. Navalnyy   Belgorod, 23/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Belgorod Regional 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. 3,500     29390/21 11/05/2021 Vitaliy Mikhaylovich GUREYEV Aksenova Darya Dmitriyevna Kolomna Rally to support A. Navalnyy   Moscow, 31/01/2021 article 20.2 § 6.1 of CAO 12 days of detention Moscow City Court 12/02/2021 Art. 5 (1) - unlawful detention - on 31/01/2021 - 01/02/2021 detention in a police station after 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. 5,000     29391/21 11/05/2021 Nikita Aleksandrovich BUDKIN Aksenova Darya Dmitriyevna Kolomna Rally to support A. Navalnyy   Moscow, 23/01/2021 article 20.2 § 6.1 of CAO 10 days of detention Moscow City Court 22/03/2021 Art. 5 (1) - unlawful detention - on 30/01/2021- 01/02/2021 escorting to and detention in a police station for and after compiling an offence report in relation to the rally 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. 5,000     29604/21 11/05/2021 Anna Arkadyevna KHORT Aksenova Darya Dmitriyevna Kolomna Rally to support A. Navalnyy   Moscow, 31/01/2021 article 20.2 § 6.1 of CAO 15 days of detention Moscow City Court 09/02/2021 Art. 5 (1) - unlawful detention - on 31/01/2021 escorting to and detention in a police station 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. 5,000     31685/21 07/06/2021 Anna Gennadyevna SHCHEBET Memorial Human Rights Centre Moscow Rally to support A. Navalnyy   Bryansk, 31/01/2021 article 20.2 § 5 of CAO         fine of RUB 10,000         Bryansk Regional Court 10/03/2021     Art. 5 (1) - unlawful detention - on 31/01/2021 escorting to a police station 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     33900/21 03/06/2021 Sergey Aleksandrovich KAN Glukhov Aleksey Vladimirovich Novocheboksarsk Rally to support A. Navalnyy   Cheboksary, 23/01/2021     Anticorruption rally   Cheboksary, 21/04/2021 article 20.2 § 5 of CAO           article 20.2 § 8 of CAO fine of RUB 10,000         5 days of detention Supreme Court of the Chuvashia Republic 19/02/2021     Supreme Court of the Chuvashia Republic 30/04/2021 Art. 5 (1) - unlawful detention - on 30/01/2021 escorting to a police station for compiling an offence report in relation to the rally on 23/01/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of administrative-offence proceedings,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - lack of suspensive effect of an appeal against the sentence of detention. 5,000     34698/21 18/06/2021 Mariya Aleksandrovna YURCHENKO Peredruk Aleksandr Dmitriyevich St Petersburg Rally 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 22/12/2020 Art. 5 (1) - unlawful detention - on 15/03/2020 escorting to a police station 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   34898/21 03/06/2021 Sergey Aleksandrovich CHEREDNIK Aksenova Darya Dmitriyevna Kolomna Rally to support A. Navalnyy   Moscow, 31/01/2021 article 20.2 § 6.1 of CAO 14 days of detention Moscow City Court 12/02/2021 Art. 5 (1) - unlawful detention - on 31/01/2021-01/02/2021 detention in a police station after 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. 5,000   35155/21 25/06/2021 Dmitriy Alekseyevich SMIRNOV Memorial Human Rights Centre Moscow Rally to support A. Navalnyy   Moscow, 17/01/2021 article 20.2 § 6.1 of CAO fine of RUB 20,000 Moscow City Court 02/04/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. 3,500   35158/21 25/06/2021 Artem Nikolayevich LAPIN Memorial Human Rights Centre Moscow Rally to support A. Navalnyy   Moscow, 31/01/2021 article 20.2 § 6.1 of CAO fine of RUB 10,000 Moscow City Court 11/05/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. 3,500   35189/21 18/06/2021 Andrey Vladimirovich BORTNIKOV Memorial Human Rights Centre Moscow Rally to support A. Navalnyy   Moscow, 31/01/2021 article 20.2 § 6.1 of CAO 8 days of detention Moscow City Court 08/02/2021 Art. 5 (1) - unlawful detention - on 31/01/2021-01/02/2021 detention in a police station after 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,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - lack of a suspensive effect of an appeal against the sentence of detention. 5,000   35191/21 18/06/2021 Aleksandra Aleksandrovna KLYUKA Memorial Human Rights Centre Moscow Rally to support A. Navalnyy   Moscow, 31/01/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 20/04/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. 3,500   35192/21 18/06/2021 Artem Sergeyevich MARTIROSOV Memorial Human Rights Centre Moscow Rally to support A. Navalnyy   Moscow, 23/01/2021 article 20.2 § 6.1 of CAO fine of RUB 10,000 Moscow City Court 30/03/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. 3,500   36361/21 30/06/2021 Andrey Viktorovich DRUZHININ Memorial Human Rights Centre Moscow Rally to support A. Navalnyy   Moscow, 23/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 26/04/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. 3,500   36372/21 30/06/2021 Tatyana Andreyevna MASLOVA Memorial Human Rights Centre Moscow Rally to support A. Navalnyy   Tyumen, 31/01/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Tyumen Regional Court 15/03/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. 3,500   36390/21 30/06/2021 Nikolay Igorevich IVANOV Memorial Human Rights Centre Moscow Rally to support A. Navalnyy   Moscow, 31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 14/04/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. 3,500   36732/21 07/07/2021 Rostislav Vladimirovich NEKENOV Bochilo Anna Yevgenyevna Barnaul Protest action   Moscow, 07/11/2020 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 22/04/2021 Art. 5 (1) - unlawful detention - on 07/11/2020 escorting to a police station 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   36767/21 13/07/2021 Yekarerina Aleksandrovna PONOMAREVA Markin Konstantin Aleksandrovich Velikiy Novgorod Rally to support A. Navalnyy   Novgorod, 23/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Novgorod Regional Court 25/02/2021 Art. 5 (1) - unlawful detention - on 23/01/2021 escorting to a police station 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   36884/21 12/07/2021 Mikhail Mikhaylovich DEYEV Pershakova Yelena Yuryevna Moscow Rally to support A. Navalnyy   Moscow, 02/02/2021 article 20.2 § 6.1 of CAO 15 days of detention Moscow City Court 11/02/2021 Art. 5 (1) - unlawful detention - on 03/02/2021 escorting to and detention in a police station for and after 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,   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - lack of suspensive effect of an appeal against the sentence of detention. 5,000   36929/21 16/07/2021 Fedor Gennadyevich PARSHIKOV Memorial Human Rights Centre Moscow Rally to support A. Navalnyy   Moscow, 31/01/2021 article 20.2 § 6.1 of CAO 8 days of detention Moscow City Court 08/04/2021 Art. 5 (1) - unlawful detention - on 31/01/2021-01/02/2021 detention in a police station after the compiling of the offence report,   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 - lack of suspensive effect of an appeal against the sentence of detention. 5,000   37333/21 08/07/2021 Yevgeniy Gennadyevich KALKAYEV Aksenova Darya Dmitriyevna Kolomna Rally to support A. Navalnyy   Moscow, 31/01/2021 article 20.2 § 6.1 of CAO 10 days of detention 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. 5,000   37815/21 12/07/2021 Andrey Viktorovich NAZAROV Pershakova Yelena Yuryevna Moscow Rally to support A. Navalnyy   Moscow, 31/01/2021 article 20.2 § 6.1 of CAO 15 days of detention Moscow City Court 05/02/2021 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 - lack of suspensive effect of an appeal against the sentence of detention. 5,000   38199/21 13/07/2021 Maksim Vladimirovich YEVSIN Zatonskaya Yuliya Vladimirovna Lipetsk Rally to support A. Navalnyy   Lipetsk, 23/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Lipetsk Regional Court 25/02/2021 Art. 5 (1) - unlawful detention - on 23/01/2021 escorting to a police station 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   38403/21 02/07/2021 Dmitriy Sergeyevich VOLKOV Memorial Human Rights Centre Moscow Rally to support A. Navalnyy   Pskov, 31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Pskov Regional Court 26/04/2021 Art. 5 (1) - unlawful detention - on 31/01/2021 escorting to a police station 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   38547/21 24/07/2021 Vladimir Sergeyevich NEMANOV Petrova Polina Artemovna Moscow Rally to support A. Navalnyy   Moscow, 31/01/2021 article 20.2 § 6.1 of CAO 10 days of detention Moscow City Court 04/02/2021 Art. 5 (1) - unlawful detention - on 31/01/2021-01/02/2021 detention in a police station after 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. 5,000   38986/21 22/07/2021 Oleg Valeryevich IVANOV Memorial Human Rights Centre Moscow Rally to support A. Navalnyy   Stavropol, 31/01/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Stavropol Regional Court 28/04/2021 Art. 5 (1) - unlawful detention - on 31/01/2021 escorting to a police station 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   39153/21 19/07/2021 Sergey Petrovich SEROV Bochilo Anna Yevgenyevna Barnaul Rally to support A. Navalnyy   Kazan, 31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Supreme Court of the Tatarstan Republic 12/05/2021 Art. 5 (1) - unlawful detention - on 31/01/2021 escorting to a police station for compiling an offence report. 4,000   39215/21 28/07/2021 Guzel Salavatovna VASIKOVA Memorial Human Rights Centre Moscow Rally to support A. Navalnyy   Kazan, 31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Supreme Court of the Tatarstan Republic 31/03/2021 Art. 5 (1) - unlawful detention - on 31/01/2021-01/02/2021 escorting to and detention in a police station for and after compiling an offence report. 4,000   39345/21 22/07/2021 Igor Svyatoslavovich SHAPOVALOV Memorial Human Rights Centre Moscow Rally to support A. Navalnyy   Moscow, 23/01/2021     article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 19/05/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. 3,500   46922/21 30/08/2021 Aleksandr Nikolayevich ZHELTUKHIN Bannikov Ruslan Yuryevich Voronezh Rally to support A. Navalnyy   Voronezh, 23/01/2021 article 20.2 § 2 of CAO 7 days of detention Voronezh Regional Court 10/03/2021 Art. 5 (1) - unlawful detention - on 23/01/2021 escorting to and detention in a police station for and after 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 proceeding. 5,000     [1] Plus any tax that may be chargeable to the applicants.