41806/21;41943/21;46762/21;47462/21;47467/21;48918/21;48958/21;48984/21;49505/21;51181/21;51758/21;52086/21;54265/21;54266/21;54828/21;54877/21;54884/21;54890/21;54898/21;54902/21

FOURTH SECTION CASE OF KAMENTSEV AND OTHERS v. RUSSIA (Applications nos. 41806/21 and 19 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 Kamentsev 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. 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, 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 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 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 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]     41806/21 02/08/2021 Anton Vladimirovich KAMENTSEV Pomazuyev Aleksandr Yevgenyevich Vilnius Rally "Free Navalnyy"   Rostov-on-Don 31/01/2021 article 19.3 § 1 of CAO detention for 3 days Rostov Regional Court 25/02/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 2 p.m. on 31/01/2021 until 10.20 a.m. on 01/02/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. 5,000     41943/21 02/08/2021 Anton Aleksandrovich OSIPENKO Pomazuyev Aleksandr Yevgenyevich Vilnius Rally "Free Navalnyy"   Voronezh 31/01/2021 article 20.2 § 5 of CAO fine of RUB 20,000 Voronezh Regional Court 25/02/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. 3,500     46762/21 10/09/2021 Dmitriy Aleksandrovich SOLOMONIDIN Pomazuyev Aleksandr Yevgenyevich Vilnius Rally "Free Navalnyy"   Penza 23/01/2021 article 20.2 § 5 of CAO 30 hours of community work Penza Regional Court 18/03/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. 3,500     47462/21 04/09/2021 Damir Maratovich GILYAZOV Zboroshenko Nikolay Sergeyevich Mytishchi Political rally   Moscow 31/01/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 03/06/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. 3,500     47467/21 04/09/2021 Daniil Olegovich LYUBOV Zboroshenko Nikolay Sergeyevich Mytishchi Political rally   Moscow 31/01/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 03/06/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 12.40 p.m. until 3.40 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     48918/21 24/09/2021 Grigoriy Viktorovich NEDAYEV Zhdanov Ivan Yuryevich Vilnius Rally "Free Navalnyy"   Moscow 31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 30/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.50 a.m. until 8 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     48958/21 24/09/2021 Andrey Alekseyevich BADYANOV Pomazuyev Aleksandr Yevgenyevich Vilnius Rally "Free Navalnyy"   Omsk 31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Omsk Regional Court 06/04/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report 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     48984/21 24/09/2021 Anna Aleksandrovna LUGOVAYA Pomazuyev Aleksandr Yevgenyevich Vilnius Rally "Free Navalnyy"   Kaliningrad 31/01/2021 article 20.2 § 5 of CAO fine of RUB 17,000 Kaliningrad Regional Court 30/03/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 12.45 a.m. to 4.45 p.m. on 31/01/2021. 4,000     49505/21 01/10/2021 Igor Vladimirovich DIL Zhdanov Ivan Yuryevich Vilnius Rally "Free Navalnyy"   Moscow 02/02/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 06/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.30 p.m. on 02/02/2021 until 6 a.m. on 03/02/2021,    Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. 4,000   51181/21 08/10/2021 Marina Dmitriyevna GAYEVA Pomazuyev Aleksandr Yevgenyevich Vilnius Rally "Free Navalnyy"   Omsk 31/01/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Omsk Regional Court 13/04/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 2.30 p.m. until 5 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   51758/21 15/10/2021 Yuliya Ivanovna ZHILYAKOVA Zhdanov Ivan Yuryevich Vilnius Rally "Free Navalnyy"   Staryy Oskol, Belgorod Region   31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Belgorod Regional Court 19/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.45 p.m. to 6.30 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   52086/21 29/09/2021 Andrey Aleksandrovich DEMYANOV Aksenova Darya Dmitriyevna Kolomna Rally “Free Navalnyy”   Moscow 31/01/2021 article 20.2 § 6.1 of CAO fine of RUB 20,000 Moscow City Court 25/05/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report 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   54265/21 15/10/2021 Valeriy Igorevich BUSAROV Zboroshenko Nikolay Sergeyevich Mytishchi Rally to support Sergey Furgal and Nikolay Platoshkin     Moscow 25/07/2020 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 28/04/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. 3,500   54266/21 15/10/2021 Viktor Sergeyevich MALEYEV Zboroshenko Nikolay Sergeyevich Mytishchi Rally “Free Navalnyy”   Moscow 02/02/2021 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 19/05/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12 p.m. until 4.30 p.m. on 02/02/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. 4,000   54828/21 29/10/2021 Aleksandr Tarasovich ZAGIBALOV Zhdanov Ivan Yuryevich Vilnius Rally "Free Navalnyy"   Irkutsk 31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Irkutsk Regional Court 12/05/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report 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   54877/21 29/10/2021 Tatyana Yuryevna MOKIYENKO Zhdanov Ivan Yuryevich Vilnius Rally "Free Navalnyy"   St Petersburg 31/01/2021 article 20.2 § 6.1 of CAO fine of RUB 10,000 St Petersburg City Court 11/05/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.30 p.m. until 11 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   54884/21 29/10/2021 Sergey Valentinovich GLYADYAYEV Zhdanov Ivan Yuryevich Vilnius Rally "Free Navalnyy"   Omsk 23/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Omsk Regional 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   54890/21 29/10/2021 Aleksandr Sergeyevich TEREBKOV Zhdanov Ivan Yuryevich Vilnius Rally "Free Navalnyy"   Omsk 31/01/2021   article 20.2 § 5 of CAO fine of RUB 10,000 Omsk Regional 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   54898/21 29/10/2021 Vladislav Vladimirovich KUZMIN Zhdanov Ivan Yuryevich Vilnius Rally “Free Navalnyy”   Yekaterinburg 31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Sverdlovsk Regional Court 11/05/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report 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   54902/21 29/10/2021 Aleksey Gennadyevich SEMENOV Zhdanov Ivan Yuryevich Vilnius Rally “Free Navalnyy”   Yaroslavl 31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Yaroslavl Regional Court 11/05/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1.45 p.m. until 6 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     [1] Plus any tax that may be chargeable to the applicants.