43487/21;43490/21;49077/21;49082/21;49108/21;49184/21;49193/21;49203/21;49205/21;49219/21;49220/21;49233/21;49237/21;49243/21;49301/21;49434/21;49443/21;49466/21;49473/21;49474/21;49504/21;49533/21;49542/21;49552/21;49591/21;49599/21;49754/21;59537/21

FIRST SECTION CASE OF MOLCHANOV AND OTHERS v. RUSSIA (Applications nos. 43487/21 and 27 others – see appended list)             JUDGMENT   STRASBOURG 18 January 2024   This judgment is final but it may be subject to editorial revision. In the case of Molchanov and Others v. Russia, The European Court of Human Rights (First Section), sitting as a Committee composed of:  Péter Paczolay, President,  Gilberto Felici,  Raffaele Sabato, judges, and Viktoriya Maradudina, Acting Deputy Section Registrar, Having deliberated in private on 14 December 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 the dispersal of these assemblies, as well as their arrest followed by their conviction for administrative offence. 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.  The 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; 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); 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 13.  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 12 above, the Court considers that there is no need to deal separately with these remaining complaints. APPLICATION OF ARTICLE 41 OF THE CONVENTION 14.  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 the remaining complaints raised by the applicants; 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 18 January 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.    Viktoriya Maradudina Péter Paczolay  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]     43487/21 11/08/2021 Pavel Valeryevich MOLCHANOV Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 § 6.1 of CAO detention for 10 days Moscow City Court 12/02/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.30 p.m. on 31/01/2021 until 5.30 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;   Prot. 7 Art. 2 - Right of appeal against criminal conviction/sentence - 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     43490/21 11/08/2021 Vladimir Vladimirovich ORLOV Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   St Petersburg   31/01/2021 article 20.2.2 § 1 of CAO detention for 12 days St Petersburg City Court 11/02/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.27 p.m. on 31/01/2021 until 12.20 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,   Prot. 7 Art. 2 - Right of appeal against criminal conviction/sentence - 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     49077/21 28/09/2021 Olga Aleksandrovna VAREGINA Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Pyatigorsk   31/01/2021 article 20.2.2 § 1 of CAO detention for 1 day Stavropol Regional Court 31/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.20 p.m. on 31/01/2021 to 4.30 p.m. on 01/02/2021. 5,000     49082/21 28/09/2021 Yuriy Nikolayevich TSEPIN Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Pskov   23/01/2021 article 20.2 § 5 of CAO fine of RUB 20,000 Pskov Regional Court 05/04/2021 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     49108/21 28/09/2021 Yelena Vladimirovna LUSHINA Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   23/01/2021 article 20.2 § 6.1 of CAO fine of RUB 10,000 Moscow City Court 30/03/2021 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     49184/21 30/09/2021 Mikhail Gennadyevich YEGOROCHKIN Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 02/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 5.10 p.m. on 31/01/2021 until 3.40 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       4,000     49193/21 30/09/2021 Yekaterina Aleksandrovna VELIKAYA Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Penza   23/01/2021 article 20.2 § 6.1 of CAO fine of RUB 12,000 Penza Regional Court 01/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 8.10 a.m. until 1.30 p.m. 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. 4,000     49203/21 30/09/2021 Aleksandr Ivanovich SVITLIK Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   23/01/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 16/04/2021 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     49205/21 28/09/2021 Nikita Ruslanovich MIKHONIN Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 § 6.1 of CAO fine of RUB 10,000 Moscow City Court 20/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.30 p.m. on 31/01/2021 until 2.30 p.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. 4,000   49219/21 22/09/2021 Aleksandr Dmitriyevich RAZDOBURDIN Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   St Petersburg   31/01/2021 article 20.2 § 2 of CAO detention for 4 days St Petersburg City Court 25/03/2021 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 5,000   49220/21 30/09/2021 Nadezhda Sergeyevna NEZNAYEVA Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   02/02/2021 article 20.2 § 6.1 of CAO detention for 10 days 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 11.55 p.m. on 02/02/2021 until 4.00 p.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;   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   49233/21 22/09/2021 Maksim Eduardovich BORODULIN Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   St Petersburg   31/01/2021 article 20.2 § 2 of CAO fine of RUB 10,000 St Petersburg City Court 25/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.00 p.m. on 31/01/2021 to 1.00 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. 4,000   49237/21 30/09/2021 Albina Vladislavovna PUKHOVA Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Nizhniy Novgorod   31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Nizhniy Novgorod Regional Court 12/05/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from noon until 7.20 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   49243/21 30/09/2021 Olga Yuruevna KARAVASHKOVA Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   23/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 02/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 6.10 p.m. on 23/01/2021 until 12.30 a.m. on 24/01/2021;    Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. 4,000   49301/21 22/09/2021 Sergey Aleksandrovich BOBRIK Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 § 6.1 of CAO detention for 10 days Moscow City Court 26/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.30 p.m. on 31/01/2021 until 11.00 p.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;   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   49434/21 22/09/2021 Aleksey Nikolayevich DUNTSOV Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 26/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 5.10 p.m. on 31/01/2021 until 4.45 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 4,000   49443/21 22/09/2021 Ivan Fedorovich FEDTSOV Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 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 12.10 p.m. until 7.00 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   49466/21 22/09/2021 Yevgeniy Vladimirovich PEREVERZOV Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Taganrog   31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Rostov Regional Court 23/03/2021 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   49473/21 22/09/2021 Mariya Vladimirovna DANILINA Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   02/02/2021 article 20.2 § 6.1 of CAO fine of RUB 15,000 Moscow City Court 26/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.15 p.m. on 02/02/2021 until 9.20 p.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   49474/21 22/09/2021 Andrey Ivanovich PINDAK Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   02/02/2021 article 20.2 § 6.1 of CAO detention for 7 days Moscow City Court 24/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.10 a.m. on 03/02/2021 until 12.15 p.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. 5,000   49504/21 22/09/2021 Polina Valentinovna DUDINA Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 24/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.05 a.m. until 6.45 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   49533/21 22/09/2021 Pavel Alekseyevich LINKOV Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   02/02/2021 article 20.2 § 5 du CIA fine of RUB 15,000 Moscow City Court 11/05/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 10.40 a.m. on 02/02/2021 until 6.00 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   49542/21 22/09/2021 Yuliya Vladimirovna FILIMONOVA   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   02/02/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 14/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.45 p.m. on 02/02/2021 until 5.30 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   49552/21 22/09/2021 Maksim Viktorovich PETREYEV Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 § 6.1 of CAO fine of RUB 15,000 Moscow City Court 26/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.20 p.m. on 31/01/2021 until 2.00 p.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. 4,000   49591/21 22/09/2021 Tatyana Yevgenyevna IZOTOVA Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   St Petersburg   31/01/2021 article 20.2.2 § 1 of CAO fine of RUB 15,000 St Petersburg City Court 23/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.45 p.m. until 9.00 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   49599/21 22/09/2021 Vladislav Olegovich NARUSHEV Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Samara   31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Samara Regional Court 25/03/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 1.30 p.m. until 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   49754/21 16/09/2021 Maksim Anatolyevich KHLAMOV Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 18/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1.25 p.m. until 9.56 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   59537/21 17/11/2021 Roman Vladimirovich PYTEL Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   02/02/2021 article 20.2 § 6.1 of CAO fine of RUB 15,000 Moscow City Court 17/05/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.45 p.m. on 02/02/2021 until 5.00 p.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     [1] Plus any tax that may be chargeable to the applicants.