60976/15;31331/17;7833/19;49783/21

THIRD SECTION CASE OF TEREKHINA AND OTHERS v. RUSSIA (Applications nos. 60976/15 and 3 others – see appended list)             JUDGMENT   STRASBOURG 6 February 2025   This judgment is final but it may be subject to editorial revision. In the case of Terekhina and Others v. Russia, The European Court of Human Rights (Third Section), sitting as a Committee composed of:  Diana Kovatcheva, President,  Úna Ní Raifeartaigh,  Mateja Đurović, judges, and Viktoriya Maradudina, Acting Deputy Section Registrar, Having deliberated in private on 16 January 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.  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 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 of the Russian Federation. 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 paragraphs 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 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 6 February 2025, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.  Viktoriya Maradudina Diana Kovatcheva  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]     60976/15 13/11/2015 Olga Leonidovna TEREKHINA   Pershakova Yelena Yuryevna Moscow Rally in support of N. Savchenko   Moscow   11/05/2015 article 19.3 § 1 of CAO;  article 20.2 § 8 of CAO detention for 5 days; detention for 10 days Moscow City Court 13/05/2015 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. 5,000     31331/17 16/04/2017 (5 applicants) Ella Lazarovna KESAYEVA   Emiliya Dzambolatovna BZAROVA   Svetlana Petrovna MARGIYEVA   Emma Lazarovna TAGAYEVA   Zhanna Petrovna TSIRIKHOVA       Beslan Tragedy Remembrance Picket (Ms Tsirikhova)   Beslan   01/09/2016       Beslan Tragedy Remembrance Picket (Ms Margiyeva)   Beslan   01/09/2016   Beslan Tragedy Remembrance Picket (Ms Tagayeva)   Beslan   01/09/2016       Beslan Tragedy Remembrance Picket (Ms Kesayeva)   Beslan   01/09/2016       Beslan Tragedy Remembrance Picket (Ms Bzarova)   Beslan   01/09/2016 article 20.2 § 5 of CAO;       article 19.3 § 1 of CAO         article 20.2 § 5 of CAO;        article 19.3 § 1 of CAO     article 20.2 § 5 of CAO;       article 19.3 § 1 of CAO         article 20.2 § 5 of CAO;        article 19.3 § 1 of CAO         article 20.2 § 5 of CAO;     article 19.3 § 1 of CAO fine of RUB 10,000     fine of RUB 500         fine of RUB 5,000       fine of RUB 500     fine of RUB 10,000     fine of RUB 500         fine of RUB 10,000     fine of RUB 500         community work of 10 hours;   fine of RUB 500 Supreme Court of the North Ossetia-Alania Republic 25/10/2016;   Supreme Court of the North Ossetia-Alania Republic 07/11/2016     Supreme Court of the North Ossetia-Alania Republic 21/10/2016;   Supreme Court of the North Ossetia-Alania Republic 03/11/2016 Supreme Court of the North Ossetia-Alania Republic 27/10/2016;   Supreme Court of the North Ossetia-Alania Republic 07/11/2016     Supreme Court of the North Ossetia-Alania Republic 20/10/2016;   Supreme Court of the North Ossetia-Alania Republic  07/11/2016     Supreme Court of the North Ossetia-Alania Republic 30/10/2016;   Supreme Court of the North Ossetia-Alania Republic 07/11/2016 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12 p.m. until the court hearings in the evening on 01/09/2016 (all applicants). 4,000, to each of the applicant     7833/19 21/01/2019 Anna Aleksandrovna LENNIKOVA   Zhdanov Ivan Yuryevich Vilnius Opposition rally   Kaluga   05/05/2018 article 20.2.2 § 1 of CAO fine of RUB 5,000 Kaluga Regional Court 26/07/2018 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 05/05/2018;    Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. 4,000     49783/21 22/09/2021 Nikolay Aleksandrovich RYCHKAL   Mezak Ernest Aleksandrovich Saint-Barthélemy-d’Anjou Rally to call for fair elections to Mosgorduma   Moscow   27/07/2019 article 20.2 § 6.1 of CAO fine of RUB 20,000 Moscow City Court 22/03/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 7.15 p.m. on 27/07/2019 until 4 a.m. on 28/07/2019;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. 4,000   [1] Plus any tax that may be chargeable to the applicants.