73825/13;73363/17;84513/17;24989/18;28878/18;45492/18;47512/18;50533/18;19313/19;20327/19;36693/19;37979/19;38192/19;40994/19;51689/20;4233/21;9635/21;9644/21;19175/21;23108/21;34659/21;2987/22;15972/22;37318/23

FOURTH SECTION CASE OF SOROKIN AND OTHERS v. RUSSIA (Applications nos. 73825/13 and 23 others – see appended list)             JUDGMENT   STRASBOURG 27 June 2024   This judgment is final but it may be subject to editorial revision. In the case of Sorokin and Others v. Russia, The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:  Branko Lubarda, President,  Armen Harutyunyan,  Ana Maria Guerra Martins, judges, and Viktoriya Maradudina, Acting Deputy Section Registrar, Having deliberated in private on 6 June 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 restrictions on the location, time or manner of conduct of public events. Some applicants also raised complaints under Article 13 of the Convention (marked with an asterisk in the appended table). 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 the restrictions on the location, time or manner of conduct of public events. 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). 9.  In the leading case of Lashmankin and Others v. Russia, nos. 57818/09 and 14 others, 7 February 2017, and, more recently, in Pleshkov and Others v. Russia, nos. 29356/19 and 31119/19, 21 November 2023, 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 on 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 applicant s’ freedom of assembly were either based on legal provisions which did not meet the Convention’s “quality of law” requirements, or were not “necessary in a democratic society”. 11.  These complaints are therefore admissible and disclose a breach of Article 11 of the Convention. remaining complaints 12.  Some applicants raised further additional complaints under Article 13 of the Convention concerning the lack of effective domestic remedy for their complaints of restrictions on the right to freedom of assembly. 13.  In view of the findings in paragraph 10 above, the Court considers that there is no need to deal separately with these remaining complaints (see Pleshkov and Others, cited above, §§ 71-72). APPLICATION OF ARTICLE 41 OF THE CONVENTION 14.  Having regard to the nature of the applicants’ complaints, the Court considers that the finding of a violation constitutes sufficient just satisfaction for any non‑pecuniary damage the applicants may have suffered (see, among recent authorities, Pleshkov and Others, cited above, § 76, and the cases cited therein; see also, mutatis mutandis, Alekseyev and Others v. Russia, nos. 14988/09 and 50 others, § 29, 27 November 2018). 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 admissible and decides that there is no need to examine separately the remaining complaints under Article 13 of the Convention; Holds that these applications disclose a breach of Article 11 of the Convention concerning the restrictions on the location, time or manner of conduct of public events; Holds that the finding of a violation constitutes in itself sufficient just satisfaction. Done in English, and notified in writing on 27 June 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.  {signature_p_1} {signature_p_2}  Viktoriya Maradudina Branko Lubarda  Acting Deputy Registrar President   APPENDIX List of applications raising complaints under Article 11 of the Convention (restrictions on the location, time or manner of conduct of public events) No. Application no. Date of introduction Applicant’s name Year of birth   Representative’s name and location Location Date of the public event planned Restrictions applied Final domestic decision (type of procedure) Date Name of the court     73825/13 02/06/2013   Sergey Vladimirovich SOROKIN   Ernest Aleksandrovich MEZAK   Dmitriy Borisovich SAKHAROV   Mezak Ernest Aleksandrovich Saint-Barthélemy-d’Anjou Rally for fair elections   Teatralnaya Square, Syktyvkar   26/02/2012 enhanced security measures taken by the police at the venue of the rally Notification procedure   Supreme Court of the Komi Republic 03/12/2012     73363/17* 05/10/2017 Petr Aleksandrovich KARMANOV 1995  Vorobyev Viktor Viktorovich Moscow Protests against replacement of trolleybuses with buses   Centre of Moscow between 25-29 April and 4-8 May 2016   proposal to change the location Judicial review under the Code of Administrative Procedure   Supreme Court of the Russian Federation 21/03/2017 (received by post on 06/04/2017)       84513/17 02/12/2017 Mikhail Albertovich VOROSHILOV 1960      Pushkin Square, Moscow   30/10/2016 prohibition on holding the planned public assembly Judicial review under the Code of Administrative Procedure   Supreme Court of the Russian Federation 22/08/2017       24989/18* 23/05/2018 Sergey Sergeyevich BABINETS 1988  Vanslova Yekaterina Nizhniy Novgorod Rally to support victims of torture    Bolshaya Pokrovskaya str., Nizhniy Novgorod   26/06/2017 proposal to change the location Judicial review under the Code of Administrative Procedure   Supreme Court of the Russian Federation 28/03/2018       28878/18 23/12/2013 Aleksandr Dmitriyevich PEREDRUK   Dmitriy Valeryevich OSTRYAKOV   Peredruk Aleksandr Dmitriyevich St Petersburg Political rally   Marsovo Pole, St Petersburg   01/06/2017       Political rally   Nevskiy Prospekt, St Petersburg   10/07/2013 proposal to change the location                 general prohibition on holding public events at certain locations (general ban on holding public events at the Nevskiy Prospekt)   Judicial review under the Code of Administrative Procedure   Supreme Court of the Russian Federation, 15/01/2018   notification procedure Murmansk Regional Court 02/10/2013     45492/18* 16/09/2018 Vera Petrovna TERESHONKOVA   Viktor Grigoryevich TORLOPOV     Mezak Ernest Aleksandrovich Saint-Barthélemy-d’Anjou Memorial service   Stefanovskaya square, Syktyvkar   30/07/2017 general prohibition on holding public events at certain locations (prohibition to organise public events at Stefanovskaya square) Judicial review under the Code of Administrative Procedure   Supreme Court of the Russian Federation 16/03/2018       47512/18 14/09/2018 Polina Vladimirovna KOSTYLEVA 1977  Peredruk Aleksandr Dmitriyevich St Petersburg Political rally   Marsovo Pole,  St Petersburg   07/10/2017 failure to propose an alternative location Judicial review under the Code of Administrative Procedure   Supreme Court of the Russian Federation 29/03/2018       50533/18 01/10/2018   Anastasiya Yuryevna RONZHINA   Georgiy Andreyevich BORODIN   Pavel Anatolyevich POTASHOV   Darya Viktorovna SHCHERBININA   Zhdanov Ivan Yuryevich Vilnius Rally to support A. Navalnyy   Voronezh   08/07/2017 and 09/07/2017 prohibition on holding the planned public assembly Judicial review under the Code of Administrative Procedure   Supreme Court of the Russian Federation 05/05/2018     19313/19 01/04/2019 Alina Vladimirovna MARTINOVICH 1994  Pomazuyev Aleksandr Yevgenyevich Vilnius Rally to support A. Navalnyy   Entrance to the Gorky Park, Moscow   17/07/2017 and 18/07/2017   prohibition on holding the planned public assembly Judicial review under the Code of Administrative Procedure   Supreme Court of the Russian Federation 29/10/2018   20327/19 02/04/2019 Danil Vasilyevich NOVIKOV 1990  Zhdanov Ivan Yuryevich Vilnius Protest against retirement age hike   Prospekt Revolutsii, Voronezh   09/09/2018 prohibition on holding the planned public assembly Judicial review under the Code of Administrative Procedure   Supreme Court of the Russian Federation 18/02/2019     36693/19 26/06/2019 Stanislav Nikolayevich KOPYLOV 1983  Pomazuyev Aleksandr Yevgenyevich Vilnius Rally against retirement age hike   Prospekt Oktyabrskoy Revolutsii, Stavropol   01/07/2018 proposal to change the time, proposal to change the location Judicial review under the Code of Administrative Procedure   Supreme Court of the Russian Federation 18/01/2019   37979/19 03/07/2019 Aleksandr Gennadyevich SUSTOV   Yelena Sergeyevna PONOMAREVA   Zubarev Dmitriy Vladimirovich Vladivostok Political rally   Central square, Vladivostok   26/01/2019 general prohibition on holding public events at certain locations (regional ban on holding public events in the vicinity of churches and other places of worship) Judicial review under the Code of Administrative Procedure   Supreme Court of the Russian Federation 16/03/2020   38192/19 03/07/2019 Serafima Vadimovna CHERNOUSOVA   Regina Nikolayevna DZUGKOYEVA Zubarev Dmitriy Vladimirovich Vladivostok Rally and march to commemorate the death of B. Nemtsov   Waterfront Sports Harbour, Vladivostok   27/02/2019   general prohibition on holding public events at certain locations (regional ban on holding public events in the vicinity of sports organisations) Judicial review under the Code of Administrative Procedure   Supreme Court of the Russian Federation 16/03/2020   40994/19 15/07/2019 Arkadiy Alekseyevich CHAPLYGIN 1978      Rally calling for decriminalisation of marijuana   St Petersburg   05/05/2018 prohibition on holding the planned public assembly Judicial review under the Code of Administrative Procedure   Supreme Court of the Russian Federation 22/01/2019     51689/20 09/11/2020 Aleksandr Gennadyevich SUSTOV   Yevgeniy Ivanovich LYASHENKO   Zubarev Dmitriy Vladimirovich Vladivostok Political rally   Railway Station Square Vladivostok   17/08/2019 general prohibition on holding public events at certain locations (regional ban on holding public events near the railway stations) Judicial review under the Code of Administrative Procedure   Supreme Court of the Russian Federation 19/10/2020   4233/21 14/12/2020 Ilya Sergeyevich VAGIN 1985  Mikhaylova Varvara Dmitriyevna St Petersburg Political rally   Lubyanskaya Square, Moscow   05/10/2019       Political rally   Pushkinskaya Square, Moscow   14/09/2019   proposal to change the location               proposal to change the location Judicial review under the Code of Administrative Procedure   Supreme Court of the Russian Federation 15/06/2020   Supreme Court of the Russian Federation 15/06/2020   9635/21 22/01/2021 Grigoriy Nikolayevich KABLIS   Vyacheslav Sergeyevich SLYUSAREV   Mezak Ernest Aleksandrovich Saint-Barthélemy-d’Anjou Protest against construction of a landfill in Shiyes    Stefanovskaya Square, Syktyvkar   02/06/2019 general prohibition on holding public events at certain locations (regional ban on holding public events in Stefanovskaya Square in Syktyvkar) Judicial review under the Code of Administrative Procedure   Supreme Court of the Russian Federation 22/07/2020   9644/21 24/01/2021 Olga Aleksandrovna IVANTSEVA 1965  Tiunov Sergey Yuryevich Yekaterinburg Political rally   Yekaterinburg   06/09/2019 proposal to change the location Judicial review under the Code of Administrative Procedure   Supreme Court of the Russian Federation 03/12/2020     19175/21 21/03/2021   Konstantin Aleksandrovich KOTOV   Svetlana Anatolyevna PCHELINTSEVA   Lev Aleksandrovich PONOMAREV   Irina Aleksandrovna YATSENKO   Oleg Aleksandrovich YELANCHIK   Zboroshenko Nikolay Sergeyevich Moscow Political march   Centre of Moscow   13/05/2019 proposal to change the location Judicial review under the Code of Administrative Procedure   Supreme Court of the Russian Federation 05/11/2020   23108/21* 07/04/2021 Svetlana Igorevna SHMELEVA 1982  Eysmont Mariya Olegovna Moscow Political rally   Several locations in the centre of Moscow   07/04/2019 general prohibition on holding public events at certain locations (impossibility to hold a public event anywhere in the centre of Moscow) Judicial review under the Code of Administrative Procedure     Supreme Court of the Russian Federation 07/10/2020     34659/21 18/06/2021 Veronika Konstantinovna ESSEN 1994  Peredruk Aleksandr Dmitriyevich St Petersburg Climate change rally   Several locations in the centre of Moscow   14/02/2020 proposal to change the location Judicial review under the Code of Administrative Procedure   Supreme Court of the Russian Federation 21/12/2020     2987/22 15/09/2021 Mariya Vladimirovna CHISTYAKOVA 1996  Valenkov Andrey Olegovich Nizhniy Novgorod Artistic performance against 2020 amendments to the Russian Constitution    Bolshaya Pokrovskaya street, Nizhniy Novgorod   21/03/2020         proposal to change the location, general prohibition on holding public events at certain locations (regional ban on holding public events at Bolshaya Pokrovskaya Street) Judicial review under the Code of Administrative Procedure   Supreme Court of the Russian Federation 17/03/2021   15972/22 24/02/2022 Dmitriy Aleksandrovich SIDENKO 1999      Rally to support political prisoners   Several locations in Tomsk   08/12/2019 proposal to change the location Judicial review under the Code of Administrative Procedure   Supreme Court of the Russian Federation 13/09/2021     37318/23 28/09/2023 Yelena Valentinovna MAKEY 1972      Protest against politically motivated criminal prosecution of people    Square Truda, Yekaterinburg   06/04/2022 prohibition on holding the planned public assembly Judicial review under the Code of Administrative Procedure   Supreme Court of the Russian Federation 29/05/2023