43566/21;43583/21;43584/21;43587/21;43634/21;43650/21;59557/21;59612/21;59615/21;59655/21;59664/21;59671/21;59673/21;59676/21;59683/21;59765/21;59773/21;59796/21;59852/21;59871/21;59889/21;59905/21;59921/21;59925/21;60067/21;60081/21;60085/21;60211/21

FIRST SECTION CASE OF GORODNICHEVA AND OTHERS v. RUSSIA (Applications nos. 43566/21 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 Gorodnicheva 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). 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 paragraph 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 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 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 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]     43566/21 11/08/2021 Elvira Ildusovna GORODNICHEVA Nurgaleyev Danil Ilnurovich Kazan Rally “Free Navalnyy”   Kazan   23/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Supreme Court of the Republic of Tatarstan 31/03/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 for compiling an offence report. 4,000     43583/21 11/08/2021 Ramil Valeryevich URAZMANOV Nurgaleyev Danil Ilnurovich Kazan Rally “Free Navalnyy”   Kazan   23/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Supreme Court of the Republic of Tatarstan 10/03/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 for compiling an offence report. 4,000     43584/21 11/08/2021 Lenar Maskhutovich KHANGARAYEV Nurgaleyev Danil Ilnurovich Kazan Rally “Free Navalnyy”   Kazan   23/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Supreme Court of the Republic of Tatarstan 14/04/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 for compiling an offence report. 4,000     43587/21 11/08/2021 Yevgeniy Vasilyevich CHERNYSHEV Nurgaleyev Danil Ilnurovich Kazan Rally “Free Navalnyy”   Kazan   23/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Supreme Court of the Republic of Tatarstan 03/03/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 for compiling an offence report. 4,000     43634/21 11/08/2021 Yelena Sirinovna ZAKIYEVA Nurgaleyev Danil Ilnurovich Kazan Rally “Free Navalnyy”   Kazan   23/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Supreme Court of the Republic of Tatarstan 03/03/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 for compiling an offence report. 4,000     43650/21 12/08/2021 Dmitriy Vyacheslavovich ABRAMOV Glukhov Aleksey Vladimirovich Novocheboksarsk Rally “Free Navalnyy”   Cheboksary   23/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Supreme Court of the Chuvashia Republic 18/05/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. 3,500     59557/21 19/11/2021 Aleksey Yevgenyevich KOZYRENKO 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 19/05/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1.50 p.m. on 31/01/2021 until 5.40 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     59612/21 19/11/2021 Grigoriy Mikhaylovich DRACH 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 19/05/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.30 p.m. until 11.45 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     59615/21 19/11/2021 Yegor Nikolayevich MITEREV Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   02/02/2021 article 20.2 § 5 of CAO fine of RUB 18,000 Moscow City Court 19/05/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report 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   59655/21 17/11/2021 Nikolay Leonidovich KHARISOV Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   23/01/2021 article 20.2 § 6.1 of CAO fine of RUB 12,000 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 5.00 p.m. on 23/01/2021 until 3.00 p.m. on 25/01/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. 4,000   59664/21 17/11/2021 Diana Pavlovna AKHMADEYEVA 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 17/05/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.30 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   59671/21 17/11/2021 Denis Nikolayevich VOLEGOV Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Kaliningrad   23/01/2021   article 20.2 § 5 of CAO fine of RUB 10,000 Kaliningrad Regional Court 18/05/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. 3,500   59673/21 01/12/2021 Ilya Vladimirovich LEYKIN Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   02/02/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 29/06/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.18 a.m. on 02/02/2021 until 1.00 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   59676/21 01/12/2021 Sabina Faikovna KATASONOVA Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   02/02/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 03/06/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.00 p.m. on 02/02/2021 until 9.20 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   59683/21 13/11/2021 Sergey Yuryevich KHAVROVSKIY Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 § 6.1 of CAO detention for 5 days Moscow City Court 13/05/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1.00 p.m. on 31/01/2021 until 4.00 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. 5,000   59765/21 01/12/2021 Dmitriy Vladimirovich ORLIK 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 17/06/2021 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   59773/21 01/12/2021 Konstantin Nikolayevich LUNEV 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 07/06/2021 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   59796/21 01/12/2021 Yuliya Andreyevna GRACHEVA Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   02/02/2021 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 03/06/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.15 a.m. 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   59852/21 29/11/2021 Yuliya Sergeyevna MASHUKOVA Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Moscow   23/01/2021 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 01/06/2021 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   59871/21 29/11/2021 Aleksandr Nikolayevich NEMUROV 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 17/06/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.50 a.m. on 31/01/2021 until 5.00 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   59889/21 24/11/2021 Alisa Aleksandrovna ZELKOVA 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 25/05/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.48 p.m. on 02/02/2021 until 5.23 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   59905/21 24/11/2021 Dmitriy Aleksandrovich SHOSHNEV 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 11/06/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.47 p.m. until 8.37 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   59921/21 24/11/2021 Darya Vyacheslavovna VERNIDUB Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Krasnoyarsk   31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Krasnoyarsk Regional Court 27/05/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1.24 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   59925/21 24/11/2021 Marina Markovna KARULINA Memorial Human Rights Centre Moscow Rally "Medical care to Navalnyy"   St Petersburg   21/04/2021 article 20.2 § 6.1 of CAO fine of RUB 10,000 St Petersburg City Court 13/07/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 7.30 p.m. on 21/04/2021 until 3.30 a.m. on 24/04/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. 4,000   60067/21 01/12/2021 Nikita Pavlovich FANIN 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 13/08/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.29 p.m. on 31/01/2021 until 1.30 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   60081/21 24/11/2021 Roman Aleksandrovich SONICHEV Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Kaluga   31/01/2021 article 20.2.2 § 1 of CAO fine of RUB 14,000 Kaluga Regional Court 25/05/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.25 p.m. until 11.45 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   60085/21 24/11/2021 Danil Yevgenyevich AKATOV 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 07/06/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.30 p.m. on 23/01/2021 until 9.50 p.m. on 25/01/2021;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.             4,000   60211/21 24/11/2021 Svyatoslav Vladimirovich YERMILIN Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Yekaterinburg   23/01/2021 article 20.2 § 5 of CAO 20 hours of community work Sverdlovsk Regional 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     [1] Plus any tax that may be chargeable to the applicants.