43924/21;45015/21;45018/21;46215/21;49678/21;56969/21;57009/21;58200/21;58270/21;58281/21;58295/21;58308/21;59141/21

FIRST SECTION CASE OF BEREZIN AND OTHERS v. RUSSIA (Applications nos. 43924/21 and 12 others – see appended list)             JUDGMENT   STRASBOURG 4 July 2024   This judgment is final but it may be subject to editorial revision. In the case of Berezin and Others v. Russia, The European Court of Human Rights (First Section), sitting as a Committee composed of:  Lətif Hüseynov, President,  Ivana Jelić,  Erik Wennerström, judges, and Viktoriya Maradudina, Acting Deputy Section Registrar, Having deliberated in private on 13 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 taken against them as organisers or participants of public assemblies. 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 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 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). 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 applications admissible; Holds that there has been 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 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. Done in English, and notified in writing on 4 July 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.    Viktoriya Maradudina Lətif Hüseynov  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]     43924/21 23/08/2021 Timofey Alekseyevich BEREZIN Pomazuyev Aleksandr Yevgenyevich Vilnius Rally “Free Navalnyy”   Surgut   23/01/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Court of the Khanty-Mansiysk Autonomous Region 06/04/2021 Art. 5 (1) - unlawful detention - Arrest and detention on 23/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity; the complaint was raised on appeal in the administrative proceedings,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 4,000     45015/21 03/09/2021 Azat Anvarovich MANSUROV Pomazuyev Aleksandr Yevgenyevich Vilnius Rally “Free Navalnyy”   Kazan   31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Supreme Court of the Tatarstan Republic 17/03/2021 Art. 5 (1) - unlawful detention - Arrest and detention on 31/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity; the complaint was raised on appeal in the administrative proceedings 4,000     45018/21 03/09/2021 Darya Alekseyevna SIBILEVA Pomazuyev Aleksandr Yevgenyevich Vilnius Rally “Free Navalnyy”   Ryazan   31/01/2021 article 20.2 § 2 of CAO 20 hours of community work Ryazan Regional Court 18/03/2021 Art. 5 (1) - unlawful detention - Arrest and detention on 31/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity; the complaint was raised on appeal in the administrative proceedings,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings 4,000     46215/21 10/09/2021 Yelena Viktorovna TABULOVICH Pomazuyev Aleksandr Yevgenyevich Vilnius Rally “Free Navalnyy”   Tomsk   23/01/2021 article 20.2 § 5 of CAO fine of RUB 13,000 Tomsk Regional Court 23/03/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings 3,500     49678/21 17/09/2021 Tatyana Gennadyevna KOROVINA Mezak Ernest Aleksandrovich Saint-Barthélemy-d’Anjou Rally “Free Navalnyy”   Syktyvkar   31/01/2021 article 20.2 § 5 of CAO fine of RUB 5,000 Supreme Court of the Republic of Komi 17/03/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings 3,500     56969/21 19/11/2021 Aleksandr Sergeyevich ZENKOVSKIY Zhdanov Ivan Yuryevich Vilnius Rally “Free Navalnyy”   Perm   31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Perm Regional Court 08/06/2021 Art. 5 (1) - unlawful detention - Arrest and detention at the police station on 31/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity; the complaint was raised on appeal in the administrative proceedings,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings 4,000     57009/21 19/11/2021 Boris Anatolyevich KURKIN Zhdanov Ivan Yuryevich Vilnius Rally “Free Navalnyy”   Moscow   23/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 07/06/2021 Art. 5 (1) - unlawful detention - Arrest and detention on 23/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity; the complaint was raised on appeal in the administrative proceedings,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings - 4,000     58200/21 27/11/2021 Nikita Olegovich SHMATKO Zhdanov Ivan Yuryevich Vilnius Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 03/06/2021 Art. 5 (1) - unlawful detention - Arrest and detention on 31/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity; the complaint was raised on appeal in the administrative proceedings,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings 4,000     58270/21 27/11/2021 Vladislav Igorevich DRUGOV Zhdanov Ivan Yuryevich Vilnius Rally “Free Navalnyy”   Vladimir   23/01/2021 article 20.2 § 6.1 of CAO fine of RUB 10,000 Vladimir Regional Court 29/07/2021 Art. 5 (1) - unlawful detention - Arrest and detention on 23/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity; the complaint was raised on appeal in the administrative proceedings 4,000   58281/21 27/11/2021 Aygul Maratovna AMINEVA Zhdanov Ivan Yuryevich Vilnius Rally “Free Navalnyy”   Izhevsk   21/04/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Supreme Court of the Udmurtia Republic 28/06/2021 Art. 5 (1) - unlawful detention - Arrest and detention on 21/04/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity; the complaint was raised on appeal in the administrative proceedings,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings 4,000   58295/21 27/11/2021 Sergey Mikhaylovioch BIZYAYEV Zhdanov Ivan Yuryevich Vilnius Rally “Free Navalnyy”   Perm   31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Perm Regional Court 04/06/2021 Art. 5 (1) - unlawful detention - Arrest and detention on 31/01/2021- Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity; the complaint was raised on appeal in administrative proceedings 4,000   58308/21 27/11/2021 Anastasiya Yuryevna GALKINA Zhdanov Ivan Yuryevich Vilnius Rally “Free Navalnyy”   Vladimir   31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Vladimir Regional Court 24/06/2021 Art. 5 (1) - unlawful detention - Arrest and detention on 31/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity; the complaint was raised on appeal in the administrative proceedings 4,000   59141/21 27/11/2021 Vladimir Nikolayevich DEMENTYEV Zhdanov Ivan Yuryevich Vilnius Rally “Free Navalnyy”   Volgograd   21/04/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Volgograd Regional Court 10/06/2021 Art. 5 (1) - unlawful detention - Arrest and detention on 21/04/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect’s identity; the complaint was raised on appeal in the administrative proceedings 4,000     [1] Plus any tax that may be chargeable to the applicants.