44254/21;45121/21;47172/21;34676/22;37668/22;37790/22;41348/22;43113/22

THIRD SECTION CASE OF NABIYEV AND OTHERS v. RUSSIA (Applications nos. 44254/21 and 7 others – see appended list)             JUDGMENT   STRASBOURG 22 January 2026       This judgment is final but it may be subject to editorial revision.   In the case of Nabiyev and Others v. Russia, The European Court of Human Rights (Third Section), sitting as a Committee composed of:  Úna Ní Raifeartaigh, President,  Mateja Đurović,  Vasilka Sancin, judges, and Viktoriya Maradudina, Acting Deputy Section Registrar, Having deliberated in private on 18 December 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 (“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.  All applicants (except the applicant in application no. 45121/21) complained of the disproportionate measures taken against them as organisers or participants of public assemblies, notably in connection with their participation in various public events in breach of COVID-19-related restriction. The applicant in application no. 45121/21 complained of the disproportionate measures taken against her as participant of a public assembly which impeded traffic (see appended table for details). All applicants also raised other complaints under the provisions of the Convention (see appended table for details). 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). It further refers to Nemytov and Others, no. 1257/21 and 2 Others, 27 May 2025, in so far as the application by the authorities of the COVID‑19‑related restrictions to assemblies are concerned. 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, and Nemytov and Others (cited above) 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 and its Protocols, 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 and its Protocols 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); Mariya Alekhina and Others v. Russia, no. 38004/12, §§ 197-201, 17 July 2018, relating to administrative conviction for discreditation of the Russian army in the context of anti-war protest actions; and 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 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 paragraph 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 the complaints about disproportionate measures taken against the applicants as organisers or participants of public assemblies 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 22 January 2026, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.    Viktoriya Maradudina Úna Ní Raifeartaigh  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]     44254/21 24/08/2021 Aleksandr Sergeyevich NABIYEV   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   St Petersburg   31/01/2021 article 20.2.2 § 1 of CAO detention for 4 days St Petersburg City Court 25/02/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station between 3:20 p.m. on 31/01/2021 and 5:10 p.m. on 01/02/2021;   Art. 6 (1) - lack of impartiality of tribunal - The absence of a prosecuting party in both sets of 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     45121/21 17/08/2021 Darya Yevgenyevna SHEVCHENKO   Peredruk Aleksandr Dmitriyevich St Petersburg Rally "Free Navalnyy"   St Petersburg   31/01/2021 article 20.2 § 6.1 of CAO detention for 12 days St Petersburg City Court 18/02/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 4:30.50 p.m. on 31/01/2021 and noon 01/02/2021;   Art. 6 (1) - lack of impartiality of 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     47172/21 07/09/2021 Aleksey Markovich TOVSHTEYN   Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   St Petersburg   31/01/2021 article 20.2.2 § 1 of CAO fine of RUB 10,000 St Petersburg City Court 09/03/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 3,500     34676/22 29/06/2022 Konstantin Vladimirovich SMIRNOV   Loktev Sergey Aleksandrovich St Petersburg Rally "Free Navalnyy"   St Petersburg   21/04/2022 article 20.2.2 § 1 of CAO fine of RUB 15,000 St Petersburg City Court 10/03/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 10:40 p.m. on 21/04/2022 and 22/04/2022 4,000     37668/22 25/07/2022 Anna Aleksandrovna AFANASYEVA   Chertkov Andrey Veniaminovich St Petersburg Anti-war rally   St Petersburg   02/03/2022 article 20.2.2 § 1 of CAO fine of RUB 10,000 St Petersburg City Court 05/04/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 8:00 p.m. on 02/03/2023 and 3:00 p.m. on 03/03/2022 4,000     37790/22 22/07/2022 Alena Aleksandrovna PARFENOVA   Pilipenko Anastasiya Vladimirovna St Petersburg Anti-war rally   St Petersburg   06/03/2022 article 20.2.2 § 1 of CAO detention for 5 days St Petersburg City Court 22/03/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 06/03/2022 and 07/03/2022;   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     41348/22 04/08/2022 Yegor Yuryevich CHESNOKOV   Baranova Natalya Andreyevna Moscow Anti-war protest   St Petersburg   28/02/2022 article 20.2.2 § 1 of CAO fine of RUB 10,000 St Petersburg City Court 05/04/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 7:56 p.m. on 28/02/2022 and 2:50 p.m. on 01/03/2022;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 4,000     43113/22 18/08/2022 Anton Igorevich IGOLKIN       Anti-war protest   St Petersburg   06/03/2022 article 20.2.2 § 1 of CAO fine of RUB 10,000 St Petersburg City Court 26/04/2022 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.