46694/21;46701/21;47661/21;48059/21;48965/21;49777/21;49911/21;49932/21;50165/21;50167/21;50222/21;50230/21;50255/21;50884/21;51227/21;51234/21;51532/21;51596/21;51989/21;52009/21;52015/21;52244/21;52471/21;52564/21

THIRD SECTION CASE OF BOROVKOV AND OTHERS v. RUSSIA (Applications nos. 46694/21 and 23 others – see appended list)             JUDGMENT   STRASBOURG 21 March 2024   This judgment is final but it may be subject to editorial revision. In the case of Borovkov and Others v. Russia, The European Court of Human Rights (Third Section), sitting as a Committee composed of:  Peeter Roosma, President,  Ioannis Ktistakis,  Andreas Zünd, judges, and Viktoriya Maradudina, Acting Deputy Section Registrar, Having deliberated in private on 22 February 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. All of the applicants, except for the applicant in application no. 51989/21, also raised other complaints under 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; 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); 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 the above paragraphs, 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 the applicants’ complaints 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 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 21 March 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.  Viktoriya Maradudina Peeter Roosma  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]     46694/21 07/08/2021 Artem Valeryevich BOROVKOV Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 § 6.1 of CAO detention for 13 days Moscow City Court 08/02/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 2.20 p.m. on 31/01/2021 until 8.10 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     46701/21 07/08/2021 Artem Gennadyevich NIKIFOROV 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 10/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 11.10 a.m. on 02/02/2021 until 2.00 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     47661/21 15/09/2021 Anastasiya Yevgenyevna ILYINA Pomazuyev Aleksandr Yevgenyevich Vilnius Rally "Free Navalnyy"   Ulyanovsk   31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Ulyanovsk Regional Court 25/03/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 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     48059/21 11/09/2021 Ruslan Aleksandrovich ROZHNEV Soboleva Yelena Aleksandrovna Izhevsk Rally “Free Navalnyy”   Izhevsk   21/04/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Supreme Court of the Udmurtia Republic 21/06/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 21/04/2021 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     48965/21 24/09/2021 Anton Sergeyevich ZHIGALOV Pomazuyev Aleksandr Yevgenyevich Vilnius Rally “Free Navalnyy”   Kaliningrad   31/01/2021 article 20.2 § 5 of CAO fine of RUB 20,000 Kaliningrad Regional Court 30/03/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report 4,000     49777/21 17/09/2021 Nikita Nikolayevich RODIONOV     Rally “Free Navalnyy”   Chelyabinsk   31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Chelyabinsk Regional Court 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     49911/21 17/09/2021 Konstantin Nikolayevich OKUNEV     Rally "Free Navalnyy"   Perm   31/01/2021       article 20.2 § 2 of CAO detention for 5 days Perm Regional Court 24/03/2021 Art. 5 (1) - unlawful detention - escorting to police station on 02/02/2021 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 5,000     49932/21 18/09/2021 Ilya Pavlovich LEVIN Nechiporenko Natalya Aleksandrovna Moscow Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 § 6.1 of CAO fine of RUB 10,000 Moscow City Court 18/03/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 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     50165/21 22/09/2021 Denis Valentinovich ORLOV Soboleva Yelena Aleksandrovna Izhevsk Rally "Free Navalnyy"   Izhevsk   31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Supreme Court of the Udmurtia Republic 24/05/2021 Art. 5 (1) - unlawful detention - escorting to the police station 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   50167/21 23/09/2021 Aleksey Nikolayevich GOLOVKO Shindyapin Arkadiy Vitalyevich Moscow Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 17/05/2021 Art. 5 (1) - unlawful detention - escorting to police station on 31/01/2021 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   50222/21 29/09/2021 Alina Alekseyevna STELMASHENKO Zubarev Dmitriy Vladimirovich Vladivostok Rally "Free Navalnyy"   Vladivostok   31/01/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Primorye Regional Court 27/04/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 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   50230/21 29/09/2021 Kirill Borisovich CHISTYAKOV Zubarev Dmitriy Vladimirovich Vladivostok Rally "Free Navalnyy"   Vladivostok   31/01/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Primorye Regional Court 13/04/2021 Art. 5 (1) - unlawful detention - escorting to police station on 31/01/2021 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   50255/21 29/09/2021 Anna Aleksandrovna SAPRONOVA Zubarev Dmitriy Vladimirovich Vladivostok Rally "Free Navalnyy"   Vladivostok   31/01/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Primorye Regional Court 17/05/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report     4,000   50884/21 05/10/2021 Anna Andreyevna NAZAROVA Solovyev Stanislav Vyacheslavovich Moscow Rally "Free Navalnyy"   Moscow   23/01/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 06/04/2021 Art. 5 (1) - unlawful detention - escorting to 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   51227/21 08/10/2021 Oleg Sergeyevich GOLOTYAK Chashchilova Mariya Valeryevna Moscow Rally "Free Navalnyy"   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 13/05/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 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   51234/21 01/10/2021 Aleksey Alekseyevich DEMENTYEV Olgerdt Oksana Gennadyevna Moscow Rally "Free Navalnyy"   Moscow   03/02/2021 article 20.2 § 6.1 of CAO detention for 10 days Moscow City Court 02/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for more than twenty hours on 03/02/2021 after the offence record was drawn up;   Art. 6 (1) - unfair criminal proceedings - various deficiencies of the administrative offence proceedings (no possibility to adduce evidence) 5,000   51532/21 01/10/2021 Andrey Aleksandrovich SHEVCHENKO     Rally "Free Navalnyy"   Penza   23/01/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Penza Regional Court 01/04/2021 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   51596/21 08/10/2021 Leonid Vladimirovich NIKONISHIN     Rally "Free Navalnyy"   Voronezh   31/01/2021 article 20.2 § 5 of CAO fine of RUB 10.000 Voronezh Regional Court 13/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station between 4 p.m. and 10 p.m. on 31/01/2021 after 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   51989/21 12/10/2021 Lyubov Dmitriyevna MISHINA Benyash Mikhail Mikhaylovich Krasnodar Rally "Free Navalnyy"   Krasnodar   31/01/2021     article 20.2 § 5 of CAO fine of RUB 10,000 Krasnodar Regional Court 24/05/2021   3,500   52009/21 08/10/2021 Marina Mikhaylovna PODVALNAYA Nazarov Ilya Yulyevich Moscow Rally “Free Navalnyy”   Moscow   02/02/2021 article 20.2 § 6.1 of CAO detention for 5 days Moscow City Court 12/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report between 11 p.m. on 02/02/2021 and 5.30 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   52015/21 08/10/2021 Anna Sergeyevna MINCHENKO Nazarov Ilya Yulyevich Moscow Rally “Free Navalnyy”   Moscow   02/02/2021 article 20.2 § 6.1 of CAO detention for 5 days Moscow City Court 12/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report between 11 p.m. on 02/02/2021 and 5 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   52244/21 01/10/2021 Gordey Yevgenyevich SIVKOV Levenberg Yeva Viktorovna Moscow Rally “Free Navalnyy”   Moscow   23/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 21/06/2021 Art. 5 (1) – unlawful detention - escorting to and detention at the police station for compiling an offence report between 4.35 p.m. and 9.40 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   52471/21 04/10/2021 Sergey Nikolayevich PANASYUK Sidelnikova Polina Aleksandrovna Vladivostok Rally “Free Navalnyy”   Vladivostok   31/01/2021     article 20.2 § 5 of CAO fine of RUB 10,000 Primorye Regional Court 19/04/2021 Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 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   52564/21 05/10/2021 Dmitriy Andreyevich BEREZNIKOV Sivoldayev Ilya Vladimirovich Voronezh Rally “Free Navalnyy"   Voronezh   23/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Voronezh Regional Court 05/04/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 3,500     [1] Plus any tax that may be chargeable to the applicants.