THIRD SECTION
CASE OF ANTROPOV AND OTHERS v. RUSSIA
(Applications nos. 1434/18 and 29 others –
see appended list)
JUDGMENT
STRASBOURG
25 April 2024
This judgment is final but it may be subject to editorial revision.
In the case of Antropov and Others v. Russia,
The European Court of Human Rights (Third Section), sitting as a Committee composed of:
Peeter Roosma, President,
Ioannis Ktistakis,
Andreas Zünd, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 4 April 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. Some applicants also referred to Article 10 of the Convention. The Court will examine the complaints under 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; 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 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 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 the applicants’ complaints 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 Article6 of the Convention;Holds that these complaints 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 25 April 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Peeter Roosma
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 charges
Penalty
Final domestic decision
Court Name
Date
Other complaints under well-established case-law
Amount awarded for pecuniary and non‑pecuniary damage per applicant
(in euros)[1]
1434/18
06/12/2017
Andrey Mikhaylovich ANTROPOV
1981
Zhdanov Ivan Yuryevich
Vilnius
Anti-corruption rally
Nizhniy Tagil
26/03/2017
article 20.2 § 5 of CAO
fine of RUB 10,000
Sverdlovsk Regional Court
06/06/2017
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
3,500
10211/20
10/02/2020
Alena Aleksandrovna YURCHENKO
1996
Rally in support of I. Golunov
Moscow
12/06/2019
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Moscow City Court
20/08/2019
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 12/06/2021 for the sole purpose of drawing up an administrative-offence record (such record only drawn up on 18/06/2019)
4,000
28522/21
07/05/2021
Alsu Mansurovna AKHMETOVA
1989
Shagiyeva Regina Ilgizovna
Leninigorsk
Rally in support of A. Navalnyy
Naberezhnye Chelny
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
03/03/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 23/01/2021 for the sole purpose of drawing a record of administrative offence (such record compiled on 27/01/2021)
4,000
28817/21
07/05/2021
Yekaterina Vitalyevna SAKALAVICHYS
1988
Shagiyeva Regina Ilgizovna
Leninigorsk
Rally in support of A. Navalnyy
Naberezhnye Chelny
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
03/03/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 23/01/2021 for the sole purpose of drawing a record of administrative offence
4,000
28821/21
07/05/2021
Neonila Nikolayevna PAVSKAYA
1992
Shagiyeva Regina Ilgizovna
Leninigorsk
Rally in support of A. Navalnyy
Naberezhnye Chelny
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
10/03/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 23/01/2021 for the sole purpose of drawing a record of administrative offence (such record compiled on 24/01/2021)
4,000
28822/21
07/05/2021
Lyubov Sergeyevna TETERINA
1984
Shagiyeva Regina Ilgizovna
Leninigorsk
Rally in support of A. Navalnyy
Naberezhnye Chelny
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
03/03/2021
Art. 5 (1) - unlawful detention – arrest, escorting to a police station and detention on 23/01/2021 for the sole purpose of drawing a record of administrative offence
4,000
28823/21
07/05/2021
Aydar Almazovich GABDULLIN
1987
Shagiyeva Regina Ilgizovna
Leninigorsk
Rally in support of A. Navalnyy
Naberezhnye Chelny
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
10/03/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 23/01/2021 for the sole purpose of drawing a record of administrative offence (such record compiled on 24/01/2021)
4,000
28837/21
07/05/2021
Yelena Igorevna KOVSHOVA
Shagiyeva Regina Ilgizovna
Leninigorsk
Rally in support of A. Navalnyy
Naberezhnye Chelny
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
03/03/2021
Art. 5 (1) - unlawful detention- arrest, escorting to a police station and detention on 23/01/2021 for the sole purpose of drawing a record of administrative offence
4,000
28839/21
07/05/2021
Polina Ildarovna ABRAROVA
2001
Shagiyeva Regina Ilgizovna
Leninigorsk
Rally in support of A. Navalnyy
Naberezhnye Chelny
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
10/03/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial, after the offence record had been compiled
4,000
29793/21
22/05/2021
Yelizaveta STERLIGOVA
1997
Gilmanov Mansur Idrisovich
Podolsk
Event in support of LGBT community
Moscow
07/10/2020
article 20.2 § 5 of CAO
fine of RUB 13,000
Moscow City Court
18/02/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 07/10/2020 for the sole purpose of drawing up a record of administrative offence;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
30174/21
18/05/2021
Vasiliy Alekseyevich KRESTYANINOV
1997
Gilmanov Mansur Idrisovich
Podolsk
Event in support of LGBT community
Moscow
07/10/2020
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
18/02/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 07/10/2020 for the sole purpose of drawing up a record of administrative offence,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
30179/21
15/05/2021
Darya Sergeyevna SHUVALOVA
2001
Gilmanov Mansur Idrisovich
Podolsk
Rally against constitutional amendments
Moscow
15/07/2020
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Moscow City Court
16/11/2020
Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 15/07/2020 for the sole purpose of drawing up a record of administrative offence,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
30233/21
15/05/2021
Vitaliy Aleksandrovich PETRENKO
1983
Gilmanov Mansur Idrisovich
Podolsk
Rally against the constitutional amendments
Moscow
15/07/2020
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Moscow City Court
16/11/2020
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 15/07/2020 for the sole purpose of drawing up a record of administrative offence,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
30351/21
15/05/2021
Dmitriy Nikitich GOLIK
1983
Gilmanov Mansur Idrisovich
Podolsk
Rally against the constitutional amendments
Moscow
15/07/2020
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Moscow City Court
16/11/2020
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 15/07/2020 for the sole purpose of drawing up a record of administrative offence,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
30425/21
15/05/2021
Nikolay Alekseyevich OZHERELYEV
1990
Gilmanov Mansur Idrisovich
Podolsk
Rally against the constitutional amendments
Moscow
15/07/2020
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Moscow City Court
18/11/2020
Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 15/07/2020 for the sole purpose of drawing up a record of administrative offence,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
30630/21
15/05/2021
Daniil Yevgenyevich ROTAR
1993
Gilmanov Mansur Idrisovich
Podolsk
Rally against constitutional amendments
Moscow
15/07/2020
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Moscow City Court
16/11/2020
Art. 5 (1) - unlawful detention- arrest, escorting to a police station and detention on 15/07/2020 for the sole purpose of drawing up a record of administrative offence,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
30809/21
18/05/2021
Aleksey Sergeyevich TYURIN
1999
Gilmanov Mansur Idrisovich
Podolsk
Rally against constitutional amendments
Moscow
15/07/2020
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Moscow City Court
18/11/2020
Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 15/07/2020 for the sole purpose of drawing up a record of administrative offence,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
31543/21
15/05/2021
Ramis Ryazhyabovich KHISYAMETDINOV
1993
Gilmanov Mansur Idrisovich
Podolsk
Rally against constitutional amendments
Moscow
15/07/2020
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Moscow City Court
16/11/2020
Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 15/07/2020 for the sole purpose of drawing up a record of administrative offence,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
31710/21
07/06/2021
Denis Nikolayevich BALASHOV
1992
Memorial Human Rights Centre
Moscow
Rally in support of A. Navalnyy
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
administrative detention of 15 days
Moscow City Court
05/02/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 31/01/2021 for the sole purpose of drawing up a record of administrative offence,
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 on 03/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
5,000
33564/21
09/06/2021
Daniil Vadimovich DOBROYEZZHEV
1998
Shagiyeva Regina Ilgizovna
Leninigorsk
Rally in support of A. Navalnyy
Naberezhnye Chelny
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
10/03/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial, after an offence record had been compiled
4,000
33566/21
09/06/2021
Aleksandr Sergeyevich DEGTEREV
1996
Shagiyeva Regina Ilgizovna
Leninigorsk
Rally in support of A. Navalnyy
Naberezhnye Chelny
31/01/2021
article 20.2 § 5 of CAO
fine RUB 10,000
Supreme Court of the Tatarstan Republic
10/03/2021
Art. 5 (1) - unlawful detention- arrest, escorting to a police station and detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial, after an offence record had been compiled
4,000
33570/21
09/06/2021
Svetlana Elfetovna GOLUBEVA
1978
Shagiyeva Regina Ilgizovna
Leninigorsk
Rally in support of A. Navalnyy
Naberezhnye Chelny
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
10/03/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial, after an offence record had been compiled
4,000
33607/21
09/06/2021
Nazar Marselevich GARIPOV
1996
Shagiyeva Regina Ilgizovna
Leninigorsk
Rally in support of A. Navalnyy
Naberezhnye Chelny
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
10/03/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial, after an offence record had been compiled
4,000
33608/21
09/06/2021
Sergey Anatolyevich ARZHANTSEV
1959
Shagiyeva Regina Ilgizovna
Leninigorsk
Rally in support of A. Navalnyy
Naberezhnye Chelny
31/01/2021
article 20.2 § 5 of CAO
community service of 20 hours
Supreme Court of the Tatarstan Republic
07/04/2021
3,500
33611/21
09/06/2021
Ruslan Anatolyevich FOKIN
1986
Shagiyeva Regina Ilgizovna
Leninigorsk
Rally in support of A. Navalnyy
Naberezhnye Chelny
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
10/03/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial, after an offence record had been compiled,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
58683/21
15/11/2021
Aleksandr Petrovich GUSEV
1999
Gilmanov Mansur Idrisovich
Podolsk
Opposition rally
Moscow
22/06/2020
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
29/06/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 22/06/2020 for the sole purpose of drawing up a record of administrative offence,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
45367/22
19/08/2022
Aleksey Dmitriyevich MOSHCHENKO
2001
Baranova Nataliya Andreyevna
Moscow
Anti-war protest
St Petersburg
25/02/2022
article 20.2 § 5 of CAO
fine of RUB 15,000
St Petersburg City Court
19/04/2022
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 25/02/2022 for the sole purpose of drawing up a record of an administrative offence,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
45792/22
14/09/2022
Kirill Aleksandrovich SEMENOV
1990
Baranova Nataliya Andreyevna
Moscow
Anti-war protest
Moscow
24/02/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
09/06/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station on 24/02/2022 for the sole purpose of 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
480/23
11/11/2022
Maksim Dmitriyevich MASYA
2002
Anti-war protest
Moscow
24/02/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
13/07/2022
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 24/02/2022, for the sole purpose of drawing up a record of administrative offence (such record complied on 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
1548/23
21/12/2022
Vladislav Vladimirovich VDOVIN
1968
Anti-war protest
Moscow
03/03/2022
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
25/08/2022
Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 03/03/2022 for the sole purpose of drawing up a record of administrative offence;
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.