SECOND SECTION
CASE OF ABROSIMOVA AND OTHERS v. RUSSIA
(Applications nos. 33196/22 and 29 others –
see appended list)
JUDGMENT
STRASBOURG
14 March 2024
This judgment is final but it may be subject to editorial revision.
In the case of Abrosimova and Others v. Russia,
The European Court of Human Rights (Second Section), sitting as a Committee composed of:
Lorraine Schembri Orland, President,
Frédéric Krenc,
Davor Derenčinović, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 15 February 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 APPLICATIONS5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.
JURISDICTION6. 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 CONVENTION7. 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-LAW12. 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); 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 COMPLAINTS14. 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 CONVENTION15. 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 the 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 decides 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 14 March 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Lorraine Schembri Orland
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 charges
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 expense per applicant/ household
(in euros)[1]
33196/22
06/06/2022
Marina Vladimirovna ABROSIMOVA
1967
Aleksey Vladimirovich Bushmakov
Yekaterinburg
Anti-war protest
Yekaterinburg
26/02/2022
article 20.2 § 5 of CAO
30 hours of community work
Sverdlovsk Regional Court
27/04/2022
3,500
33202/22
06/06/2022
Viktoriya Vladimirovna DOKUCHAYEVA
2002
Aleksey Vladimirovich Bushmakov
Yekaterinburg
Anti-war protest
Yekaterinburg
06/03/2022
article 20.2 § 5 of CAO
35 hours of community work
Sverdlovsk Regional Court
19/05/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
33205/22
06/06/2022
Margarita Sergeyevna DOKUCHAYEVA
1982
Aleksey Vladimirovich Bushmakov
Yekaterinburg
Anti-war protest
Yekaterinburg
06/03/2022
article 20.2 § 5 of CAO
30 hours of community work
Sverdlovsk Regional Court
19/05/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
33212/22
06/06/2022
Dmitriy Sergeyevich SMIRNOV
1994
Aleksey Vladimirovich Bushmakov
Yekaterinburg
Anti-war protest
Yekaterinburg
26/02/2022
article 20.2 § 5 of CAO
fine of RUB 15,000
Sverdlovsk Regional Court
04/05/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 26/02/2022 for compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
33213/22
06/06/2022
Rustam Aukhatovich KHABIBULIN
1965
Aleksey Vladimirovich Bushmakov
Yekaterinburg
Anti-war protest
Yekaterinburg
26/02/2022
article 20.2 § 5 of CAO
30 hours of community work
Sverdlovsk Regional Court
11/05/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 26/02/2022 for compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
34952/22
27/06/2022
Danil Mikhitarovich SEMENOV
1994
Natalya Andreyevna Baranova
Moscow
Fair elections rally
Moscow
20/09/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
19/01/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 28/09/2021 for compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
36112/22
13/07/2022
Tatyana Ivanovna YESHCHEULOVA
1961
Darya Dmitriyevna Aksenova
Kolomna
Anti-war protest
Moscow
25/02/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
13/04/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 25/02/2022 for compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
36352/22
13/07/2022
Leontiy Vladimirovich VLADIMIROV
1992
Darya Dmitriyevna Aksenova
Kolomna
Anti-war protest
Moscow
06/03/2022
article 20.2 § 6.1 of CAO
detention of 10 days
Moscow City Court
14/03/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
5,000
36361/22
13/07/2022
Mikhail Aleksandrovich ARANOVSKIY
1984
Darya Dmitriyevna Aksenova
Kolomna
Anti-war protest
Moscow
06/03/2022
article 20.2 § 6.1 of CAO
detention of 12 days
Moscow City Court
14/03/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
5,000
39108/22
26/07/2022
Aleksandr Yuryevich YARKIN
1996
Dmitriy Dmitriyevich Miropoltsev
Kaltan
Anti-war protest
Rostov-on-Don
06/03/2022
article 19.3 § 1 of CAO
detention of 15 days
Rostov Regional Court
07/04/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 06/03/2022 until 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
41854/22
19/08/2022
Aleksandra Alekseyevna ZAPOLINA
2000
Anti-war manifestation
Nizhniy Novgorod
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
27/04/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 06/03/2022 until 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
43068/22
20/08/2022
Alena Vladimirovna GLAZER
1986
Yekaterina Vladimirovna GLAZER
1988
Anti-war protest
Perm
24/02/2022
Anti-war protest
Perm
24/02/2022
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
fine of RUB 5,000
20 hours of community work
Perm Regional Court
31/05/2022
Perm Regional Court
18/05/2022
Art. 5 (1) - unlawful detention - escorting to the police station twice on 24/02/2022 for compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings
4,000
43095/22
19/08/2022
Artur Kamilovich SULTANOV
1999
Anti-war protest
Samara
27/02/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Samara Regional Court
21/04/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 27/02/2022 for compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
44073/22
18/08/2022
Anna Andreyevna ANTASHKEVIC
1996
Anti-war protest
Krasnoyarsk
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Krasnoyarsk Regional Court
18/05/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
44209/22
19/08/2022
Darya Andreyevna TEPLOUKHOVA
1995
Aleksey Vladimirovich Bushmakov
Yekaterinburg
Anti-war protest
Yekaterinburg
26/02/2022
article 20.2 § 5 of CAO
fine of RUB 12,000
Sverdlovsk Regional Court
15/06/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 26/02/2022 for compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
44220/22
19/08/2022
Yevgeniya Dmitriyevna AKSENOVA
1995
Aleksey Vladimirovich Bushmakov
Yekaterinburg
Anti-war protest
Yekaterinburg
26/02/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Sverdlovsk Regional Court
27/04/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 26/02/2022 for compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
44225/22
19/08/2022
Maksim Rustamovich KHABIBULIN
1988
Aleksey Vladimirovich Bushmakov
Yekaterinburg
Anti-war protest
Yekaterinburg
26/02/2022
article 20.2 § 5 of CAO
35 hours of community work
Sverdlovsk Regional Court
25/05/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 26/02/2022 for compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
44229/22
18/08/2022
Liliya Alekseyevna LEBED
1990
Aleksey Vladimirovich Bushmakov
Yekaterinburg
Anti-war protest
Yekaterinburg
26/02/2022
article 20.2 § 5 of CAO
30 hours of community work
Sverdlovsk Regional Court
08/06/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 26/02/2022 for compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
44263/22
19/08/2022
Ilya Vasilyevich FEDOROV
2001
Aleksey Vladimirovich Bushmakov
Yekaterinburg
Anti-war protest
Yekaterinburg
06/03/2022
article 20.2 § 5 of CAO
30 hours of community work
Sverdlovsk Regional Court
29/06/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
44558/22
30/08/2022
Aleksandr Vladimirovich KISELEV
1959
Darya Dmitriyevna Aksenova
Kolomna
Anti-war protest
Moscow
27/02/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
03/08/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 27/02/2022 for compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
45167/22
05/09/2022
Sergey Alekseyevich SHISHKOV
1984
Viktor Valeryevich Kochenkov
Izhevsk
Anti-war protest
Izhevsk
27/02/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Udmurtia Republic
08/06/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 27/02/2022 for compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
45577/22
05/09/2022
Timur Ilgizovich YAGFAROV
1994
Viktor Valeryevich Kochenkov
Izhevsk
Anti-war protest
Izhevsk
27/02/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Udmurtia Republic
15/06/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 27/02/2022 for compiling an offence report
4,000
46433/22
15/09/2022
Nina Sergeyevna VASHCHENKO
2001
Darya Dmitriyevna Aksenova
Kolomna
Anti-war protest
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
13/07/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
46437/22
15/09/2022
Alisa Byern MARK
2001
Darya Dmitriyevna Aksenova
Kolomna
Anti-war protest
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
21/07/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
47522/22
08/09/2022
Stepan Alekseyevich SEMENOV
1998
Viktor Valeryevich Kochenkov
Izhevsk
Anti-war protest
Izhevsk
24/02/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Udmurtia Republic
15/07/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 24/02/2022 for compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
47534/22
10/09/2022
Roman Nikolayevich VESELKOV
1988
Viktor Valeryevich Kochenkov
Izhevsk
Anti-war protest
Izhevsk
24/02/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Udmurtia Republic
06/06/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 24/02/2022 for compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
50245/22
14/10/2022
Sergey Alekseyevich IVANOV
1992
Anti-war protest
Moscow
24/02/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
15/06/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 24/02/2022 until 25/02/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
51460/22
23/10/2022
Valeriya Gavrilovna DANILOVA
2001
Anti-war protest
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
23/06/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
54276/22
12/10/2022
Svetlana Anatolyevna VISELSKAYA
1984
Anti-war protest
Moscow
26/02/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
15/06/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 26/02/2022 for compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
32269/23
07/08/2023
Nikolay Konstantinovich GAVRILOV
1992
Anti-war protest
Moscow
06/03/2022
article 20.2 § 8 of CAO
fine of RUB 10,000
Moscow City Court
07/04/2023
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 06/03/2022 until 07/03/2022
4,000
[1] Plus any tax that may be chargeable to the applicants.