5151/18;958/20;2492/20;2612/20;2967/20;2971/20;7802/20;7898/20;8489/20;9491/20;11417/20;14654/20;14655/20;14666/20;15299/20;15304/20;17323/20;17634/20;20018/20;20318/20

FIRST SECTION CASE OF ZAYTSEV AND OTHERS v. RUSSIA (Applications nos. 5151/18 and 19 others – see appended list)             JUDGMENT   STRASBOURG 27 April 2023   This judgment is final but it may be subject to editorial revision. In the case of Zaytsev 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 6 April 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). 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 its well-established case-law (see Butkevich v. Russia, no. 5865/07, §§ 63‑65, 13 February 2018, Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-23, 10 April 2018, Kalyapin v. Russia [Committee], no. 6095/09, § 76, 23 July 2019, concerning various aspects of unlawful deprivation of liberty of organisers or participants of public events; and Karelin v. Russia, no. 926/08, 20 September 2016, related to the examination of criminal cases in the absence of a prosecuting party in the judicial proceedings governed by the Federal Code of Administrative Offences (CAO)). REMAINING COMPLAINTS 13.  In view of the above findings, the Court considers that there is no need to deal separately with the applicants’ complaints under Article 6 of the Convention concerning other aspects of the fairness of the administrative offence proceedings and alleged restrictions on the right to examine witnesses. APPLICATION OF ARTICLE 41 OF THE CONVENTION 14.  Article 41 of the Convention provides: “If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.” 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 the facts that took place before 16 September 2022; Declares the complaints concerning the dispersal of the public assembly 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 deal separately with the remaining complaints of the applicants 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 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 27 April 2023, 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 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]     5151/18 08/01/2018 Fedor Aleksandrovich ZAYTSEV Terekhov Konstantin Ilyich Moscow Anti-corruption manifestation   Moscow   26/03/2017 Article 20.2 § 5 of CAO fine of 20,000 Russian roubles (RUB) Moscow City Court 14/07/2017 Art. 6 (1) - lack of impartiality of tribunal in view of the absence of the prosecuting party in the administrative-offence proceedings 3,500     958/20 09/12/2019 Nurlan Toktarovich OMAROV Pomazuyev Aleksandr Yevgenyevich Vilnius Manifestation for fair elections to Mosgorduma   Moscow   27/07/2019 Article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 06/09/2019 Art. 6 (1) - lack of impartiality of tribunal in view of the absence of the prosecuting party in the administrative-offence proceedings;   Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and escorting to the police office on 27/07/2019 for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours 4,000     2492/20 26/12/2019 Tatyana Grigoryevna TARVID Zboroshenko Nikolay Sergeyevich Mytishchi Manifestation in support of Ivan Golunov   Moscow   12/06/2019 Article 20.2 § 6.1 of CAO fine of RUB 20,000 Moscow City Court 18/10/2019 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and escorting to the police office for the purpose of drawing up a record of administrative offence on 12/06/2019; detention in excess of 3 hours;   Art. 6 (1) - lack of impartiality of tribunal in view of the absence of the prosecuting party in the administrative-offence proceedings 4,000     2612/20 11/12/2019 Aleksey Petrovich ZELENSKIY Savelyev Anton Alekseyevich Domodedovo Manifestation for fair elections to Mosgorduma   Moscow   27/07/2019 Article 20.2 § 6.1 of CAO 15-day administrative detention Moscow City Court 05/08/2019 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - lack of legal grounds for arrest, escorting to the police station and detention there on 27/07/2019 in excess of 3 hours;   Art. 6 (1) - lack of impartiality of tribunal in view of the absence of the prosecuting party in the administrative-offence proceedings 5,000     2967/20 11/12/2019 Aleksandr Mikhaylovich STREKALOV Savelyev Anton Alekseyevich Domodedovo Manifestation for fair elections to Mosgorduma   Moscow   27/07/2019 Article 20.2 § 6 of CAO 6 days of administrative detention Moscow City Court 12/09/2019 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - lack of legal grounds for arrest, escorting to the police station and detention there on 27/07/2019 in excess of 3 hours;   Art. 6 (1) - lack of impartiality of tribunal in view of the absence of the prosecuting party in the administrative-offence proceedings 5,000     2971/20 11/12/2019 Anton Romanovich GALLY Savelyev Anton Alekseyevich Domodedovo Manifestation for fair elections to Mosgorduma   Trubnaya square, Moscow   27/07/2019 Article 20.2 § 6 of CAO fine of RUB 15,000 Moscow City Court 12/09/2019 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - lack of legal grounds for arrest, escorting to the police station and detention there on 27/07/2019 in excess of 3 hours;   Art. 6 (1) - lack of impartiality of tribunal in view of the absence of the prosecuting party in the administrative-offence proceedings 4,000     7802/20 21/01/2020 Marsel Timurovich ALIYEV Pomazuyev Aleksandr Yevgenyevich Vilnius Manifestation for fair elections to Mosgorduma   Tverskaya str., Moscow   27/07/2019 Article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 12/09/2019 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 27/07/2019 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence;   Art. 6 (1) - lack of impartiality of tribunal in view of the absence of the prosecuting party in the administrative-offence proceedings 4,000     7898/20 31/01/2020 Matvey Sergeyevich MATVEYEV Memorial Human Rights Centre Moscow Manifestation in support of Ivan Golunov   Moscow   12/06/2019 Article 20.2 § 6.1 of CAO fine of RUB 10,000 Moscow City Court 14/08/2019 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 12/06/2019 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence;   Art. 6 (1) - lack of impartiality of tribunal in view of the absence of the prosecuting party in the administrative-offence proceedings 4,000     8489/20 01/02/2020 Oleg Nikolayevich KLIMOV Laptev Aleksey Nikolayevich Moscow Manifestation for fair elections to Mosgorduma   Moscow   27/07/2019 Article 20.2 § 6.1 of CAO 10 days of administrative arrest Moscow City Court 01/08/2019 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - lack of any legal grounds for the applicant’s arrest and escorting to the police station on 27/07/2019; detention in excess of 3 hours,   Art. 6 (1) - lack of impartiality of tribunal in view of the absence of the prosecuting party in the administrative-offence proceedings 5,000   9491/20 01/02/2020 Valeriy Yuryevich RODIN Memorial Human Rights Centre Moscow Manifestation for fair elections to Mosgorduma   Moscow   27/07/2019 Article 20.2 § 6.1 of CAO 12 days of administrative arrest Moscow City Court 01/08/2019 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and escorting to the police station on 27/07/2019; detention in excess of 3 hours,   Art. 6 (1) - lack of impartiality of tribunal in view of the absence of the prosecuting party in the administrative-offence proceedings 5,000   11417/20 07/02/2020 Artem Igorevich KUZNETSOV Memorial Human Rights Centre Moscow Manifestation for fair elections to Mosgorduma   Trubnaya square, Moscow   03/08/2019 Article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 06/11/2019 Art. 6 (1) - lack of impartiality of tribunal in view of the absence of the prosecuting party in the administrative-offence proceedings 3,500   14654/20 29/02/2020 Aleksandr Vitalyevich SEMIGLAZOV Mezak Ernest Aleksandrovich Saint-Barthélemy d’Anjou Manifestation for fair elections to Mosgorduma   Rozhdestvenskiy boulevard, Moscow   27/07/2019 Article 20.2 § 6.1 of CAO fine of RUB 10,000 Moscow City Court 30/08/2019 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis – arrest, escorting to the police station and detention on 27‑29 July 2019 for the sole alleged purpose of drawing up a record of administrative offence;   Art. 6 (1) - lack of impartiality of tribunal in view of the absence of the prosecuting party in the administrative-offence proceedings 4,000   14655/20 29/02/2020 Maksim Stanislavovich KAZAK Mezak Ernest Aleksandrovich Saint-Barthélemy d’Anjou Manifestation for fair elections to Mosgorduma   Tverskaya str., Moscow   27/07/2019 Article 20.2 § 6.1 of CAO fine of RUB 10,000 Moscow City Court 30/08/2019 Art. 6 (1) - lack of impartiality of tribunal in view of the absence of the prosecuting party in the administrative-offence proceedings;   Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest, escorting to the police station and detention on 27‑29 July 2019 for the sole alleged purpose of drawing up a record of administrative offence 4,000   14666/20 29/02/2020 Maksim Mikhaylovich UCHAYKIN Mezak Ernest Aleksandrovich Saint-Barthélemy d’Anjou Manifestation for fair elections to Mosgorduma   Rozhdestvenskiy boulevard, Moscow   27/07/2019 Article 20.2 § 6.1 of CAO 5 days’ administrative arrest Moscow City Court 30/08/2019 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest, escorting to the police station and detention on 27‑29 July 2019 for the sole alleged purpose of drawing up a record of administrative offence;   Art. 6 (1) - lack of impartiality of tribunal in view of the absence of the prosecuting party in the administrative-offence proceedings 5,000   15299/20 11/03/2020 Ilya Yevgenyevich PANKOV Bayturina Svetlana Nikolayevna Moscow Manifestation for fair elections to Mosgorduma   Moscow   03/08/2019 Article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 12/09/2019 Art. 6 (1) - lack of impartiality of tribunal in view of the absence of the prosecuting party in the administrative-offence proceedings;   Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 03/08/2019 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence 4,000   15304/20 11/03/2020 Sergey Sergeyevich KUZMIN Bayturina Svetlana Nikolayevna Moscow Manifestation for fair elections to Mosgorduma   Trubnaya square, Moscow   03/08/2019 Article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 12/09/2019 Art. 6 (1) - lack of impartiality of tribunal in view of the absence of the prosecuting party in the administrative-offence proceedings;   Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 03/08/2019 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence 4,000   17323/20 16/03/2020 Vladimir Nikolayevich SITNIKOV Mezak Ernest Aleksandrovich Saint-Barthélemy d’Anjou Manifestation for fair elections to Mosgorduma   Tverskaya str., Moscow   27/07/2019 Article 20.2 § 8 of CAO fine of RUB 150,000 Moscow City Court 16/09/2019 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest, escorting to the police station and detention on 27‑29 July 2019 for the sole alleged purpose of drawing up a record of administrative offence;   Art. 6 (1) - lack of impartiality of tribunal in view of the absence of the prosecuting party in the administrative-offence proceedings 6,000   17634/20 16/03/2020 Roman Eduardovich ZAMKOV Mezak Ernest Aleksandrovich Saint-Barthélemy d’Anjou Manifestation for fair elections to Mosgorduma   Moscow   27/07/2019 Article 20.2 § 6.1 of CAO fine of RUB 10,000 Moscow City Court 16/09/2019 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 27-29/07/2019 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence;   Art. 6 (1) - lack of impartiality of tribunal in view of the absence of the prosecuting party in the administrative-offence proceedings 4,000   20018/20 10/03/2020 Andrey Anatolyevich FILONOV Markin Konstantin Aleksandrovich Velikiy Novgorod Manifestation for fair elections to Mosgorduma   Moscow   27/07/2019 Article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 12/09/2019 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - detention on 27/07/2019 in excess of 3 hours for the purpose of drawing up a record of administrative offence;   Art. 6 (1) - lack of impartiality of tribunal in view of the absence of the prosecuting party in the administrative-offence proceedings 4,000   20318/20 25/03/2020 Denis Yuryevich PORTNOV Pomazuyev Aleksandr Yevgenyevich Vilnius Manifestation for fair elections to Mosgorduma   Moscow   27/07/2019 Article 20.2 § 6.1 of CAO fine of RUB 10,000 Moscow City Court 02/12/2019 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 27-28/07/2019 for the sole purpose of drawing up a record of administrative offence; raised on appeal;   Art. 6 (1) - lack of impartiality of tribunal in view of the absence of the prosecuting party in the administrative-offence proceedings 4,000       [1] Plus any tax that may be chargeable to the applicants.