51766/21;53068/21;55553/21;57138/21;58072/21;58147/21;58477/21;58680/21;61475/21;61761/21;20/22;943/22;2678/22;2712/22;10664/22;12283/22;12291/22;12662/22

FIRST SECTION CASE OF RYAKIN AND OTHERS v. RUSSIA (Applications nos. 51766/21 and 17 others – see appended list)             JUDGMENT   STRASBOURG 11 April 2024   This judgment is final but it may be subject to editorial revision. In the case of Ryakin 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 21 March 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. 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 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.  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. 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; 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). REMAINING COMPLAINTS 14.  Most of the 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 paragraphs 10‑11 and 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 these applications disclose a violation 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 11 April 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]     51766/21 15/10/2021 Aleksandr Aleksandrovich RYAKIN Zhdanov Ivan Yuryevich Vilnius Rally “Free Navalnyy"   Moscow   31/01/2021 article 20.2 § 6.1 of CAO administrative detention of  7 days Moscow City Court 26/04/2021 Art. 5 (1) - unlawful detention - escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 1.00 p.m. on 31/01/2021 to 6.00 p.m. on 01/02/2021, hearing in the applicant’s administrative-offence case; the applicant spent 4 hours in a police van,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 5,000     53068/21 14/10/2021 Ruslan Vladimirovich KHAFIZOV Lepekhin Andrey Gennadyevich Chelyabinsk Rally “Free Navalnyy"   Chelyabinsk   23/01/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Chelyabinsk Regional Court 23/04/2021 Art. 5 (1) - unlawful detention - escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 2.00 p.m. to 6.00 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     55553/21 16/10/2021 Mikhail Nikolayevich BIRKA Aksenova Darya Dmitriyevna Kolomna Rally “Free Navalnyy”   Moscow   23/01/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 22/04/2021 Art. 5 (1) - unlawful detention - escorting to a police station for the purpose of drawing up a record of administrative offence 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     57138/21 10/11/2021 Maksim Aleksandrovich SHVETSOV Aksenova Darya Dmitriyevna Kolomna Rally “Free Navalnyy”   Moscow   23/01/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 11/05/2021 Art. 5 (1) - unlawful detention - escorting to a police station for the purpose of drawing up a record of administrative offence 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     58072/21 01/11/2021 Igor Valeryevich KOLOSOV Aksenova Darya Dmitriyevna Kolomna Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of  RUB 10,000 Moscow City Court 03/06/2021 Art. 5 (1) - unlawful detention – escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 6.15 p.m. to 11.35 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     58147/21 10/11/2021 Sergey Vladimirovich SEDOV Aksenova Oksana Viktorovna Moscow Rally “Free Navalnyy”   Moscow   23/01/2021 article 20.2 § 5 of CAO fine of RUB 12,000 Moscow City Court 19/07/2021 Art. 5 (1) - unlawful detention - escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.20 p.m. to 9.00 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     58477/21 09/11/2021 Darya Mikhaylovna ZHURAVLEVA Aksenova Darya Dmitriyevna Kolomna Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 § 6.1 of CAO fine of RUB 20,000 Moscow City Court 11/05/2021 Art. 5 (1) - unlawful detention - escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.40 p.m. to 10.00 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     58680/21 19/11/2021 Yevgeniy Yevgenyevich SHAMONOV Aksenova Darya Dmitriyevna Kolomna Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 § 6.1 of CAO fine of RUB 15,000 Moscow City Court 21/06/2021 Art. 5 (1) - unlawful detention - escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 4.15 p.m. on 31/01/2021 to 01/02/2021, hearing in the applicant’s administrative-offence case,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   4,000     61475/21 01/12/2021 Irina Stanislavovna DOBRODEYEVA Aksenova Darya Dmitriyevna Kolomna Rally “Free Navalnyy”   Moscow   02/02/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 17/06/2021 Art. 5 (1) - unlawful detention - escorting to a police station for the purpose of drawing up a record of administrative offence, 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   61761/21 03/12/2021 Artem Denisovich VAVILCHENKOV Aksenova Darya Dmitriyevna Kolomna Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of  RUB 10,000 Moscow City Court 29/06/2021 Art. 5 (1) - unlawful detention - escorting to a police station for the purpose of drawing up a record of administrative offence, 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   20/22 02/11/2021 Andrey Vladimirovich BEZBORODOV Aksenova Darya Dmitriyevna Kolomna Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 § 6.1 of CAO fine of RUB 20,000 Moscow City Court 05/07/2021 Art. 5 (1) - unlawful detention - escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 2.30 p.m. on 31/01/2021 to 00.20 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   943/22 01/12/2021 Robert Denisovich ONIKOV Aksenova Darya Dmitriyevna Kolomna Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 17/06/2021 Art. 5 (1) - unlawful detention - escorting to a police station for the purpose of drawing up a record of administrative offence, 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   2678/22 02/12/2021 Yuriy Aleksandrovich NEDBAYLO Aksenova Darya Dmitriyevna Kolomna 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 a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 2.10 p.m. to 6.30 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   2712/22 17/12/2021 Yevgeniy Sergeyevich KISELEV Aksenova Darya Dmitriyevna Kolomna Rally “Free Navalnyy”   Moscow   23/01/2021 article 20.2 § 6.1 of CAO fine of RUB 15,000 Moscow City Court 17/06/2021 Art. 5 (1) - unlawful detention - escorting to a police station for the purpose of drawing up a record of administrative offence, 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   10664/22 02/02/2022 Aleksey Yuryevich SYCHEV Aksenova Darya Dmitriyevna Kolomna Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of  RUB 15,000 Moscow City Court 13/08/2021 Art. 5 (1) - unlawful detention - escorting to a police station for the purpose of drawing up a record of administrative offence, 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   12283/22 24/02/2022 Aleksandr Sergeyevich ZHAROV Prosvirkina Kseniya Dmitriyevna Moscow Rally “Free Navalnyy”   Moscow   31/01/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 27/08/2021 Art. 5 (1) - unlawful detention - escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 5.00 p.m. to 11.45 p.m. on 31/02/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 27/08/2021 4,000   12291/22 24/02/2022 Dmitriy Igorevich POYARKOV Prosvirkina Kseniya Dmitriyevna Moscow Rally “Free Navalnyy”   Moscow   02/02/2021 article 20.2 § 6.1 of CAO fine of RUB 10,000 Moscow City Court 31/08/2021 Art. 5 (1) - unlawful detention - escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 11.00 p.m. on 02/02/2021 to 4.00 p.m. 03/02/2021, hearing in the applicant’s administrative offence case,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings   4,000   12662/22 17/02/2022 Anatoliy Alekseyevich ZELENOVSKIY Baranova Natalya Andreyevna Moscow Rally “Free Navalnyy”   Irkutsk   31/01/2021 article 20.2 § 5 of CAO community works of 30 hours Irkutsk Regional Court 17/08/2021 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.