39776/15;41260/17;54264/17;4513/18;7949/18;10054/18;45519/18;16647/19;63388/19;687/20;49747/20;5652/21;6417/21;6471/21;38862/21;47223/21

THIRD SECTION CASE OF KOLYASNIKOV AND OTHERS v. RUSSIA (Applications nos. 39776/15 and 15 others – see appended list)             JUDGMENT   STRASBOURG 6 March 2025   This judgment is final but it may be subject to editorial revision. In the case of Kolyasnikov and Others v. Russia, The European Court of Human Rights (Third Section), sitting as a Committee composed of:  Diana Kovatcheva, President,  Úna Ní Raifeartaigh,  Mateja Đurović, judges, and Viktoriya Maradudina, Acting Deputy Section Registrar, Having deliberated in private on 13 February 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 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 principally of the unjustified restrictions on their right to freedom of religion under Article 9 of the Convention. Some applicants also raised additional complaints under various Convention provisions. 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 9 of the Convention 7.  The applicants complained of unjustified restrictions on their right to freedom of religion, relying on Article 9 of the Convention. 8.  In the leading cases listed in the Relevant case-law column of the appended table, the Court has already found a violation in respect of issues similar to those in the present case. 9.  Having examined all the material submitted to it, the Court has not identified any fact or argument capable of persuading it to reach a different conclusion regarding the admissibility and merits of these complaints. 10.  These complaints are therefore admissible and disclose a violation of Article 9 of the Convention. REMAINING COMPLAINTS 11.  The applicants in application no. 54264/17, including the two applicants, Ms K.-V. Mani and Ms N. Starikova, complained under Article 8 of the Convention about a violation of their family rights. The Court notes that the expulsion order in respect of the first applicant had been cancelled by the Supreme Court of Russia and, consequently, the applicants could no longer claim to be victims of the alleged violation of Article 8, for the purposes of Article 34 of the Convention. It follows that this complaint is incompatible ratione personae with the provisions of the Convention within the meaning of Article 35 § 3 (a) and must be rejected, pursuant to Article 35 § 4 of the Convention. 12.  Some applicants further raised additional complaints under various Convention provisions. The Court considers that it has examined the main legal questions raised in the present case, and that there is no need to give a separate ruling on the admissibility and merits of the applicants’ remaining complaints (see Centre for Legal Resources on behalf of Valentin Câmpeanu v. Romania [GC], no. 47848/08, § 156, ECHR 2014). APPLICATION OF ARTICLE 41 OF THE CONVENTION 13.  Regard being had to the documents in its possession and to its case‑law, the Court considers it reasonable to award the sums of just satisfaction indicated in the appended table and dismisses the remainder of the applicants’ claims for just satisfaction. 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 concerning the unjustified restrictions on freedom of religion, as set out in the appended table, admissible, declares the complaints raised under Article 8 of the Convention in application no. 54264/17 inadmissible, and finds that it is not necessary to examine separately the remaining complaints raised by some of the applicants; Holds that there has been a violation of Article 9 of the Convention in all applications in relation to the events described in the 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; Dismisses the remainder of the applicants’ claims for just satisfaction. Done in English, and notified in writing on 6 March 2025, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.  Viktoriya Maradudina Diana Kovatcheva  Acting Deputy Registrar President   APPENDIX List of applications raising complaints under Article 9 of the Convention (unjustified restrictions on freedom of religion) No. Application no. Date of introduction Applicant’s name Year of birth/registration   Representative’s name and location Substance of the complaint Final domestic decision Court name Date Relevant case-law (legal issue) Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant (in euros)[1]     39776/15 27/07/2015 Aleksey Sergeyevich KOLYASNIKOV   Popkov Aleksandr Vasilyevich Sochi On 28/09/2014 the applicant, a Protestant pastor, was holding a religious service in a café when it was disrupted by the police. He was fined 30,000 Russian roubles (RUB) under Article 20.2 (2) of the Code of Administrative Offences (CAO) for conducting a public assembly without notice to authorities Krasnodar Regional Court, 28/01/2015 Kuznetsov and Others v. Russia, no. 184/02, 11 January 2007; Krupko and Others v.Russia, no. 26587/07, §§ 54-57, 26 June 2014 (dispersal of religious meetings) 7,500     41260/17 05/06/2017 Magrifa Myrzashiyevna SYDIKOVA   Pavel Vladimirovich ORLOV   Sharapov Ilnur Ilgizovich Moscow On 20/09/2016 the Supreme Court of Russia declared Aum Shinrikyō, a Japanese religious organisation, to be a terrorist organisation and banned its activities in Russia. The applicants, Russian followers of Aum Shinrikyō, were subsequently interviewed by police regarding their involvement. Their appeals against the Supreme Court’s ban were rejected because they were not parties to the original proceedings and the decision did not affect their rights. Supreme Court of Russia, 07/02/2017 and 10/02/2017 Jehovah’s Witnesses of Moscow v. Russia, no. 302/02, § 159, 10 June 2010, Taganrog LRO and Others v. Russia, nos. 32401/10 and 19 others, §§ 199-207 and 252, 7 June 2022 (failure to ensure the participation of followers in the proceedings leading to the banning of their religious organisation and consider the impact of the ban on their rights) 7,500     54264/17 25/07/2017 (3 applicants) Viktorimmanuvel MANI             Keti-Viktoriya Viktorimmanuvelovna MANI   Natalya Viktorovna STARIKOVA   Gaynutdinov Damir Ravilevich Sofia, Bulgaria On 04/12/2016 the first applicant, an Indian national and minister of the Evangelical Christian Church “God’s Love”, held a religious service in a rented office space in Naberezhnyye Chelny. After the service, he sold religious literature to an attendee. He was charged under Article 5.26 (5) of the Code of Administrative Offences for conducting missionary work without proper authorisation. The Supreme Court of Russia, on 17/11/2017, upheld the fine but cancelled the removal order due to the first applicant’s family ties in Russia.   The second and third applicants are his wife and daughter who are Russian nationals. Supreme Court of the Republic of Tatarstan, 25/01/2017 Ossewaarde v. Russia, no. 27227/17, 7 March 2023 (unjustified restrictions on missionary work) 7,500, to be paid to the applicant, Mr V. Mani     4513/18 05/01/2018 Sergey Anatolyevich TUGUZHEKOV   Dubrovina Marina Alekseyevna Novorossiysk The applicant was found guilty under Article 20.29 of the CAO for using a book during a religious gathering which had been declared extremist. Fine of RUB 2,000 was imposed on him. Supreme Court of the Republic of Khakassia, 05/07/2017 Taganrog LRO and Others v. Russia, nos. 32401/10 and 19 others, §§ 199-207, 7 June 2022 (banning of religious publications as extremist, and prosecution for their possession and use) 7,500     7949/18 29/12/2017 Tatyana Aleksandrovna MANDRICHENKO   Muzny Petr Geneva The applicant, one of Jehovah’s Witnesses, was fined RUB 6,000 under Article 5.26 of the CAO for talking to a street seller about the Bible which was taken to constitute unlawful missionary activities. Novgorodskiy District Court of the Novgorod Region, 05/07/2017 Ossewaarde v. Russia, no. 27227/17, 7 March 2023 (unjustified restrictions on missionary work) 7,500     10054/18 09/02/2018 Sergey Zhamsuyevich BALDANOV   Dubrovina Marina Alekseyevna Novorossiysk The applicant was found guilty under Article 20.29 of the CAO for using a book during a religious gathering. The book in question was authored by an author whose other publication had previously been declared extremist. Fine of RUB 3,000 was imposed on the applicant. Krasnodar Regional Court, 09/08/2017 Taganrog LRO and Others v. Russia, nos. 32401/10 and 19 others, §§ 199-207, 7 June 2022 (banning of religious publications as extremist, and prosecution for their possession and use) 7,500     45519/18 19/09/2018 Yevgeniy Aleksandrovich VLADIMIROV   Muzny Petr Geneva The applicant, one of Jehovah’s Witnesses, was refused alternative civilian service by the draft commission without being given an opportunity to present his beliefs, and solely on the grounds of his religious affiliation. The courts upheld the refusal despite evidence of his genuine religious convictions. Supreme Court of the Russian Federation, 22/03/2018 Bayatyan v. Armenia [GC], no. 23459/03, §§ 111 and 124-125, ECHR 2011 (refusal of alternative civilian service to Jehovah’s Witnesses) 7,500     16647/19 14/03/2019 BIBLEYSKIY TSENTR POSOLSTVO IISUSA NIZHNIY NOVGOROD   Chugunov Sergei Vladimirovich Moscow The applicant church was fined RUB 100,000 for illegal missionary activity after sharing an interview on its Telegram channel with a Zimbabwean national, in which she discussed her personal faith. Moskovskiy District Court of Novgorod, 18/09/2018 Ossewaarde v. Russia, no. 27227/17, 7 March 2023 (unjustified restrictions on missionary work) 7,500     63388/19 27/11/2019 RO KHRISTIANSKAYA METODISTSKAYA TSERKOV ST. UGOLNAYA G. VLADIVOSTOKA   Chugunov Sergei Vladimirovich Moscow The applicant church was fined RUB 100,000 for illegal missionary activity for organising the Far Eastern Conference for children’s ministers of Christian churches on premises not specifically designated for religious activities. Sovetskiy District Court of Vladivostok, 24/06/2019 Ossewaarde v. Russia, no. 27227/17, 7 March 2023 (unjustified restrictions on missionary work) 7,500   687/20 12/12/2019 Yuriy Khazertaliyevich DACHEV   Chugunov Sergey Vladimirovich Moscow Forced disruption of the North Caucasus Faith Conference by a police squad; the applicant, pastor of the Evangelical Church “Word of Life” in Maykop, was fined RUB 10,000 under Article 20.2 (2) of the CAO for holding an event without notifying local authorities. Supreme Court of the Republic of Adygea, 17/06/2019 Kuznetsov and Others v. Russia, no. 184/02, 11 January 2007; Krupko and Others v. Russia, no. 26587/07, §§ 54-57, 26 June 2014 (dispersal of religious meetings) 7,500   49747/20 30/10/2020 Ilya Alekseyevich NOZDRACHEV   Chugunov Sergey Vladimirovich Moscow The applicant, a member of the Evangelical Church of Bethany, was fined RUB 5,000 for engaging in unauthorised missionary activities by sharing information about an upcoming church event on a social network. Obninsk Town Court, 30/06/2020 Ossewaarde v. Russia, no. 27227/17, 7 March 2023 (unjustified restrictions on missionary work) 7,500   5652/21 31/12/2020 Shakhboz Kholmatovich MALIKOV   Preobrazhenskaya Oksana Vladimirovna Strasbourg The applicant, a Muslim detainee in a Russian correctional facility, was placed in a disciplinary cell for seven days for performing night-time religious prayer (Salah) in his cell, which was considered a breach of the prison schedule. Prosecutor’s Office of Syktyvkar, 26/11/2020 Korostelev v. Russia, no. 29290/10, 12 May 2020 (disciplinary measures for performing acts of warship in prison) 2,500   6417/21 30/12/2020 Valeri SUCKAU   Chugunov Sergei Vladimirovich Moscow The applicant, a German national and follower of the Evangelical Church, was fined RUB 30,000 for engaging in unauthorised missionary activities by sharing his religious views with members of a local Russian Evangelical Church during a picnic in a forest.   Supreme Court of the Republic of Buryatia, 04/08/2020 Ossewaarde v. Russia, no. 27227/17, 7 March 2023 (unjustified restrictions on missionary work) 7,500   6471/21 29/12/2020 Nikita Vladimirovich KOZUBSKIY   Nurgaleyev Danil Ilnurovich Kazan The applicant, an Orthodox Christian detainee, was refused accommodation of his religious dietary requirements during the traditional fasting period and faced restrictions on attending the prison chapel during State holidays. Federal Penitentiary Authority in the Republic of Komi, 16/12/2020 Jakóbski v. Poland, no. 18429/06, §§ 42-55, 7 December 2010, Moroz v. Ukraine, no. 5187/07, §§ 105-09, 2 March 2017 (restrictions on dietary accommodation and chapel visits) 2,500   38862/21 12/07/2021 Sergey Zhamsuyevich BALDANOV   Popkov Aleksandr Vasilyevich Sochi The applicant, a practitioner of Falun Gong, was fined RUB 10,000 for engaging in unauthorised missionary activities by participating in group meditation with two other individuals. Tsentralnyy District Court of Sochi, 15/01/2021 Ossewaarde v. Russia, no. 27227/17, 7 March 2023 (unjustified restrictions on missionary work) 7,500   47223/21 10/09/2021 SANKT-PETERBURGSKAYA BOO VECHERNIY SVET   Olenichev Maksim Vladimirovich St Petersburg The applicant is a charitable organisation aimed at advancing religious beliefs based on the ideas of William Marrion Branham. On 21/05/2020 the St Petersburg City Court declared the organisation extremist in the absence of any indication of violence, hate or discrimination in its teachings or activities. Supreme Court of the Russian Federation, 10/03/2021 Taganrog LRO and Others v. Russia, nos. 32401/10 and 19 others, §§ 157-59, 7 June 2022 (banning of religious organisations on the basis of an excessively broad interpretation of extremism) 7,500   [1] Plus any tax that may be chargeable to the applicants.