6607/20;15806/21;44110/21;51485/21;50687/22;2610/23;10823/24;10835/24

THIRD SECTION CASE OF STEPANOV AND OTHERS v. RUSSIA (Applications nos. 6607/20 and 7 others – see appended list)             JUDGMENT   STRASBOURG 16 January 2025   This judgment is final but it may be subject to editorial revision. In the case of Stepanov 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 5 December 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.  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; 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.  Some applicants raised further additional complaints under other Articles of the Convention and its Protocols notably concerning other aspects of fairness of the administrative-offence proceedings. In view of the findings in paragraphs 11-13 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 raised by the applicants; 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 16 January 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]     6607/20 27/12/2019 Oleg Olegovich STEPANOV   Pomazuyev Aleksandr Yevgenyevich Vilnius Rally to call for fair elections to Mosgorduma   Moscow   16/07/2019 Article 20.2 § 8 of CAO detention for 15 days Moscow City Court 06/08/2019 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 01/08/2019,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   5,000     15806/21 08/03/2021 Dmitriy Vladimirovich ZHMYREV   Yatsenko Irina Aleksandrovna Moscow Rally to call for fair elections to Mosgorduma   Moscow   27/07/2019 Article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 08/09/2020 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report between 4.40 p.m. on 27/07/2019 and 1.30 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     44110/21 09/08/2021 Yevgeniy Olegovich GOLIGOROV   Karavayev Aleksandr Yevgenyevich Nizhniy Novgorod Rally "Free Navalnyy"   Moscow   02/02/2021 Article 20.2 § 6.1 of CAO detention for 10 days Moscow City Court 10/02/2021 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   5,000     51485/21 08/10/2021 Dmitriy Pavlovich PAVLOV   Memorial Human Rights Centre Moscow Rally “Free Navalnyy”   Krasnodar   31/01/2021 Article 20.2 § 5 of CAO fine of RUB 15,000 Krasnodar Regional Court 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.           3,500     50687/22 26/09/2022 Vyacheslav Aleksandrovich GROZIN       Anti-war gathering   Kirov   06/03/2022 Article 20.2 § 5 of CAO fine of RUB 10,000  Kirov Regional Court 26/05/2022 Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 06/03/2022 for the sole purpose of drawing up an offence record,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.   4,000     2610/23 17/12/2022 Sofya Vyacheslavovna LAVRENTYEVA   Sabirov Rim Faridovich Kazan Anti-war protest   Kazan   27/02/2022 Article 20.2 § 5 of CAO fine of RUB 5,000 Supreme Court of the Republic of Tatarstan 17/08/2022 Art. 5 (1) - unlawful detention - escorting to the police station on 27/02/2022 for compiling an offence report, detention beyond the statutory three-hour period.         4,000     10823/24 17/03/2024 Yana Maksimovna PROKHOROVA   Nemanov Vladimir Sergeyevich Moscow Anti-war rally   Moscow   27/02/2022 Article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 15/08/2023   (The case file was returned to the District Court on 17/11/2023 (evidence submitted), this is the date the applicant was able to access the text of the City Court’s decision.) Art. 5 (1) - unlawful deprivation of liberty - detention in excess of three hours, between 5.50 p.m. and 9.40 p.m. on 27/02/2022. 4,000     10835/24 28/03/2024 Andrey Mikhaylovich SEVASTYANOV       Anti-war rally   Moscow   04/03/2022 Article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 29/11/2023 Art. 5 (1) - unlawful deprivation of liberty - detention in excess of three hours, i.e. between 7.33 p.m. on 04/03/2022 and 00.50 a.m. on 05/03/2022. 4,000   [1] Plus any tax that may be chargeable to the applicants.