57352/21;60739/21;8581/22;9465/22;10659/22;10831/22;11000/22;13905/22;22143/22;33197/22;33199/22;33201/22;33209/22;34099/22;41097/22;43380/22;32409/23;33055/23;33429/23

FIRST SECTION CASE OF KELLER AND OTHERS v. RUSSIA (Applications nos. 57352/21 and 18 others – see appended list)             JUDGMENT   STRASBOURG 6 June 2024   This judgment is final but it may be subject to editorial revision. In the case of Keller 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 16 May 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 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); Glukhin v. Russia, no. 11519/20, 4 July 2023, concerning use of facial recognition technology by police; Novikova and Others v. Russia, nos. 25501/07 and 4 others, 26 April 2016, concerning disproportionate measures against solo demonstrators; 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 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 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 6 June 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]     57352/21 08/11/2021 Vladislav Igorevich KELLER Bochilo Anna Yevgenyevna Barnaul Rally "Free Navalnyy"   Barnaul   21/04/2021 article 20.2 § 2 of CAO 30 hours of community work Altay Regional Court 14/07/2021 Art. 10 (1) - conviction for making calls to participate in public events - calls to participate in anti-war rally made on social network Telegram / 25/02/2022 / Article 20.2. § 8 / Altay Regional Court, 12/05/2022 / detention for 2 days,   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 (in the proceedings concerning the events of 25/02/2022) 5,000     60739/21 03/12/2021 Nikolay Aleksandrovich GORELOV Bontsler Mariya Vladimirovna Kaliningrad Rally "Free Navalnyy"   Kaliningrad   21/04/2021 article 20.2 § 5 of CAO fine of RUB 12,000 Kaliningrad Regional Court 19/10/2021   3,500     8581/22 27/01/2022 Yuliya Olegovna KONSTANTINOVA Vasin Vladimir Valeryevich Krasnoyarsk Opposition rally   Krasnoyarsk   21/06/2020 article 20.2 § 5 of CAO fine of RUB 10,000 Krasnoyarsk Regional Court 29/07/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 3,500     9465/22 21/01/2022 Aleksey Nikolayevich GRISHIN Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Tambov   23/01/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Tambov Regional Court 21/07/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,   Art. 8 (2) - restrictions on the right to private life of participants in public assemblies - facial recognition and identification of the applicant 5,000     10659/22 04/02/2022 Lyudmila Nikolayevna KALINYCHEVA Sozonov Ruslan Vladimirovich Nizhniy Novgorod Rally "Free Navalnyy"   Nizhniy Novgorod   31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Nizhniy Novgorod Regional Court 04/08/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between noon and 9.00 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     10831/22 10/02/2022 Yevdokiya Konstantinovna KALYAKINA Valenkov Andrey Olegovich Nizhniy Novgorod Rally "Free Navalnyy"   Nizhniy Novgorod   31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Nizhniy Novgorod Regional Court 11/08/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between noon and 6.50 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     11000/22 03/02/2022 Daniil Stanislavovich USTINOV Memorial Human Rights Centre Moscow Rally "Free Navalnyy"   Moscow   05/02/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 19/08/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 1.30 p.m. and 8.00 p.m. on 05/02/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 4,000     13905/22 28/02/2022 Fedor Sergeyevich DANSHIN Prosvirkina Kseniya Dmitriyevna Moscow Rally "Free Navalnyy"   Belgorod   21/04/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Belgorod Regional Court 30/08/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record on 21/04/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 4,000     22143/22 25/03/2022 Aleksandr Sergeyevich FIRSOV     Rally "Free Navalnyy"   Moscow   02/02/2021   Rally "Free Navalnyy"   Moscow   21/04/2021     Anti-war rally   Moscow   24/02/2022 article 20.2 § 5 of CAO           article 20.2 § 5 of CAO             article 20.2 § 8 of CAO fine of RUB 10,000           fine of RUB 15,000             detention for 16 days Moscow City Court 15/12/2021         Moscow City Court 11/10/2021           Moscow City Court 17/03/2022 Art. 5 (1) - unlawful detention - escorting to and the detention at the police station for compiling an offence record between: noon and 8.30 p.m. on 02/02/2021; at 6.40 p.m. on 24/02/2022 and at 4.30 p.m. on 03/03/2022; escorting to the police station on 27/04/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in all three sets of administrative proceedings (concerning the events of 02/02/2021; 21/04/2021; 24/02/2022),   Art. 8 (2) - restrictions on the right to private life of participants in public assemblies - use of photo and video materials made by police during the rally to identify and charge the applicant with an administrative offence (in connection with events of 21/04/2021),   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the 30-day 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, whereas the appeal court changed his sentence to 16-days’ detention.   6,000   33197/22 06/06/2022 Nataliya Yuryevna GORDO Bushmakov Aleksey Vladimirovich Yekaterinburg Anti-war rally   Yekaterinburg   24/02/2022 article 20.2 § 2 of CAO fine of RUB 30,000 Sverdlovsk Regional Court 28/04/2022 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record on 24/02/2022,    Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - 4,000   33199/22 06/06/2022 Yelizaveta Viktorovna PALKINA Bushmakov Aleksey Vladimirovich Yekaterinburg Anti-war rally   Yekaterinburg   26/02/2022 article 20.2 § 5 of CAO 30 hours of community work Sverdlovsk Regional Court 27/04/2022 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record on 26/02/2022,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 4,000   33201/22 06/06/2022 Aleksandra Andreyevna KRYLOVA Bushmakov Aleksey Vladimirovich Yekaterinburg Anti-war rally   Yekaterinburg   24/02/2022 article 20.2 § 5 of CAO fine of RUB 15,000 Sverdlovsk Regional Court 27/04/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record on 24/02/2022,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 4,000   33209/22 06/06/2022 Yevgeniy Igorevich UFIMTSEV Bushmakov Aleksey Vladimirovich Yekaterinburg Anti-war rally   Yekaterinburg   03/03/2022 article 20.2 § 5 of CAO 30 hours of community work Sverdlovsk Regional Court 27/04/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record on 03/03/2022,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 4,000   34099/22 20/06/2022 Yegor Nikolayevich YERMAKOV Podolskiy Sergey Viktorovich St Petersburg Anti-war rally   St Petersburg   06/03/2022 article 20.2 § 6.1 of CAO detention for 2 days St Petersburg City Court 24/03/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 1.50 pm. on 06/03/2022 and 1.15 p.m. on 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   41097/22 12/08/2022 Andrey Anatolyevich ISAKOV Kosnyrev Vladislav Vladimirovich Syktyvkar Anti-war rally   Syktyvkar   24/02/2022 article 20.2 § 8 of CAO detention for 10 days Supreme Court of the Republic of Komi 13/04/2022 Art. 5 (1) - unlawful detention - detention on 24/02/2022, detention at the police station for compiling an offence record between 02/03/2022 and 03/03/2022,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 5,000   43380/22 18/08/2022 Sergey Aleksandrovich KURKOV Baranova Natalya Andreyevna Moscow Anti-war rally   St Petersburg   06/03/2022 article 20.2 § 5 of CAO fine of RUB 10,000 St Petersburg City Court 19/04/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 5.00 p.m. on 06/03/2022 and 3.00 a.m. on 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 4,000   32409/23 01/08/2023 Yuliya Dmitriyevna TOKAREVA Yermilova Natalya Pavlovna Yekaterinburg Anti-war rally   Yekaterinburg   06/03/2022   article 20.2 § 5 of CAO fine of RUB 10,000 Sverdlovsk Regional Court 12/04/2023 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 2.00 p.m. and 9.00 p.m. on 06/03/2022 4,000   33055/23 16/08/2023 Diana Vladimirovna KOZHEVINA     Anti-war rally   Moscow   06/03/2022 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 17/04/2023 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 2.50 p.m. and 8.40 p.m. on 06/03/2022 4,000   33429/23 01/05/2021 Ilya Valentinovich POTEMKIN Zboroshenko Nikolay Sergeyevich Mytishchi Rally "Free Navalnyy"   Moscow   23/01/2021 article 20.2 § 6.1 of CAO detention for 10 days Moscow City Court 29/01/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record on 23/01/2021; detention at the police station between 23/01/2021 and 25/01/2021,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 5,000     [1] Plus any tax that may be chargeable to the applicants.