368/18;22834/18;29938/18;29984/18;12176/19;13638/21;29077/21;43482/21;18014/22

SECOND SECTION CASE OF GAVRILINA AND OTHERS v. RUSSIA (Applications nos. 368/18 and 8 others – see appended list)             JUDGMENT   STRASBOURG 11 July 2024   This judgment is final but it may be subject to editorial revision. In the case of Gavrilina and Others v. Russia, The European Court of Human Rights (Second Section), sitting as a Committee composed of:  Lorraine Schembri Orland, President,  Frédéric Krenc,  Davor Derenčinović, judges, and Viktoriya Maradudina, Acting Deputy Section Registrar, Having deliberated in private on 20 June 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 against solo demonstrators. 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 10 § 1 of the Convention 7.  The applicants complained principally of the disproportionate measures taken against them as participants of solo demonstrations, namely the termination of their demonstrations, arrest and conviction for administrative offences. They relied, expressly or in substance, on Articles 10 and 11 of the Convention. The Court will examine the complaints under Article 10 of the Convention taking into account, where appropriate, the general principles it has established in the context of Article 11 of the Convention (see Novikova and Others v. Russia, nos. 25501/07 and 4 others, § 91, 26 April 2016). 8.  In the leading case of Novikova and Others, cited above, §§ 112-225, the Court already found a violation in respect of issues similar to those in the present case (see also, mutatis mutandis, Lashmankin and Others v. Russia, nos. 57818/09 and 14 others, 7 February 2017). 9.  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 on 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 expression were not “necessary in a democratic society”. 10.  These complaints are therefore admissible and disclose a breach of Article 10 § 1 of the Convention. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW 11.  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. Having examined all the material before it, the Court concludes that they 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; and 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). Remaining complaints 12.  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 9‑11 above, the Court considers that there is no need to deal separately with these remaining complaints. APPLICATION OF ARTICLE 41 OF THE CONVENTION 13.  Regard being had to the documents in its possession and to its case‑law (see, mutatis mutandis, Navalnyy and Others v. Russia [Committee], nos. 25809/17 and 14 others, § 22, 4 October 2022), the Court considers 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 10 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 10 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 11 July 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.    Viktoriya Maradudina Lorraine Schembri Orland  Acting Deputy Registrar President     APPENDIX List of applications raising complaints under Article 10 § 1 of the Convention (disproportionate measures against solo demonstrators) No. Application no. Date of introduction Applicant’s name Year of birth   Representative’s name and location Purpose of the demonstration Date Location   Administrative charges Penalty Final domestic decision Date Name of the court Other relevant information Other complaints under well-established case-law Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant (in euros)[1]     368/18 16/12/2017 Yelena Nikolayevna GAVRILINA Memorial Human Rights Centre Moscow Protest against the authorities’ failure to perform their obligations towards the applicant’s disabled son   23/12/2016 Moscow article 20.2 § 5 of CAO,   administrative fine of  RUB 10,000 16/06/2017 Moscow City Court   Art. 5 (1) - unlawful detention- arrest and detention on 23/12/2016 for the 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     22834/18 08/05/2018 Aleksey Vyacheslavovich VARNAVIN Memorial Human Rights Centre Moscow Drawing attention to the situation of defrauded owners of unachieved housing   24/10/2017 Moscow   article 20.2 § 5 of CAO,   administrative fine of  RUB 10,000 30/03/2018 Moscow City Court   Art. 5 (1) - unlawful detention - arrest and detention on 14/10/2017 for the 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     29938/18 15/06/2018 Yelena Pavlovna APOKINA Zhdanov Ivan Yuryevich Vilnius Support of A. Navalnyy   07/10/2017 Bryansk article 20.2 § 5 of CAO,   administrative fine of RUB 15,000 15/12/2017 Bryansk Regional Court distance requirement - event classified as assembly post facto   3,500     29984/18 05/06/2018 Igor Anatolyevich ABDURAKHMANOV Zhdanov Ivan Yuryevich Vilnius Support of A. Navalnyy   07/10/2017 Bryansk article 20.2 § 5 of CAO,   administrative fine of  RUB 15,000 15/12/2017 Bryansk Regional Court distance requirement - event classified as assembly post facto   3,500     12176/19 30/01/2019 Anastasiya Mikhaylovna GLUSHKOVA Laptev Aleksey Nikolayevich Moscow Protest against L. Slutskiy’s actions   03/04/2018 Moscow article 20.2 § 5 of CAO,   administrative fine of  RUB 10,000 30/07/2018 Moscow City Court distance requirement - event classified as assembly post facto Art. 5 (1) - unlawful detention - arrest and detention on 03/04/2018 for the 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     13638/21 12/02/2021 Yuliya Leontyevna KREBS Bushmakov Aleksey Vladimirovich Yekaterinburg Support of S. Furgal   08/08/2020 Yekaterinburg article 20.2 § 5 of CAO,   administrative fine of  RUB 10,000         02/12/2020 Sverdlovsk Regional Court   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 3,500     29077/21 17/05/2021 Bazhena Dmitriyevna ZHAVORONKOVA Bushmakov Aleksey Vladimirovich Yekaterinburg Support of S. Furgal and residents of Khabarovsk   08/08/2020 Yekaterinburg article 20.2 § 5 of CAO,   administrative fine of RUB 10,000 01/12/2020 Sverdlovsk Regional Court   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 3,500     43482/21 08/08/2021 Vladimir Vladimirovich SHULENIN Gilmanov Mansur Idrisovich Podolsk Protest against the politics of President Putin    07/10/2020 Moscow   article 20.2 § 5 of CAO,   administrative fine of  RUB 15,000 08/02/2021 Moscow City Court   Art. 5 (1) - unlawful detention- arrest, escorting to the police station and detention on 13/10/2020 for the sole purpose of compiling the administrative 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     18014/22 11/03/2022 Galina Fedorovna TIKHENKO     Protest against construction of a highway    07/07/2021 Frunzenskoye settlement of the Volgograd Region article 20.2 § 8 of CAO,   administrative fine of RUB 150,000 16/09/2021 Volgograd Regional Court distance requirement - event classified as assembly post facto   5,000     [1] Plus any tax that may be chargeable to the applicants.