FOURTH SECTION
CASE OF ARBATSKIY AND OTHERS v. RUSSIA
(Applications nos. 80289/17 and 20 others –
see appended list)
JUDGMENT
STRASBOURG
13 April 2023
This judgment is final but it may be subject to editorial revision.
In the case of Arbatskiy and Others v. Russia,
The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:
Faris Vehabović, President,
Armen Harutyunyan,
Anja Seibert-Fohr, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 23 March 2023,
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 and/or participants of public assemblies. They 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, nos. 40792/10 and 2 others, §§ 68-73, 13 July 2021).
ALLEGED VIOLATION OF ARTICLE 11 OF THE CONVENTION7. The applicants complained principally of disproportionate measures taken against them as organisers and/or participants of public assemblies, namely the dispersal of these assemblies, as well as their arrest followed by their conviction for administrative offence. 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. 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. Having examined all the material before it, the Court concludes that they also disclose violations of the Convention in the light of its well‑established case-law (see Karelin v. Russia, no. 926/08, 20 September 2016, concerning examination of criminal cases in the absence of a prosecuting party in the judicial proceedings governed by the Federal Code of Administrative Offences (CAO), and Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 84-138, 10 April 2018, as regards unlawful administrative arrest).
REMAINING COMPLAINTS13. In view of its findings above, the Court considers that there is no need to deal separately with the remaining complaints under Article 6 of the Convention raised by some of the applicants in relation to other aspects of the fairness of the administrative-offence proceedings.
APPLICATION OF ARTICLE 41 OF THE CONVENTION14. Article 41 of the Convention provides:
“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”
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 and dismisses the remainder of the applicants’ claims for just satisfaction.
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 concerning the right to peaceful assembly and the other complaints under the well-established case-law of the Court, as set out in the appended table, admissible, and decides that it is not necessary to examine separately the remaining complaints under Article 6 of the Convention concerning other aspects of the fairness of the administrative‑offence proceedings;Holds that the applications disclose a breach of Article 11 of the Convention concerning the right to peaceful assembly;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;
Dismisses the reminder of the applicants’ claims for just satisfaction.Done in English, and notified in writing on 13 April 2023, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Faris Vehabović
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 and costs and expenses per applicant
(in euros)[1]
80289/17
21/11/2017
Stepan Vladimirovich ARBATSKIY
1976
March for rotation of officials in governmental bodies
St Petersburg
29/04/2017
Article 20.2 § 5 of CAO
fine of RUB 10,000
St Petersburg City Court
13/06/2017
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 29/04/2017 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence; raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: St Petersburg City Court on 13/06/2017
4,000
80989/17
23/11/2017
Yevgeniy Anatolyevich KRYLOV
1979
Preobrazhenskaya Oksana Vladimirovna
Strasbourg
Anti-corruption manifestation
Moscow
26/03/2017
Article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
16/06/2017
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court on 16/06/2017
3,500
81385/17
29/11/2017
Kirill Vladimirovich PIROGOV
1991
Sholokhov Igor Nikolayevich
Kazan
Anti-corruption rally
Chelyabinsk, Aloye pole park
26/03/2017
Article 20.2 § 5 of CAO
fine of RUB 10,000
Chelyabinsk Regional Court
31/05/2017
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Chelyabinsk Regional Court on 31/05/2017
3,500
81391/17
29/11/2017
Aleksey Vladimirovich SOKOLOV
1988
Sholokhov Igor Nikolayevich
Kazan
Anti-corruption rally
Chelyabinsk, Aloye Pole park
26/03/2017
Article 20.2 § 5 of CAO
fine of RUB 10,000
Chelyabinsk Regional Court
31/05/2017
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Chelyabinsk Regional Court on 31/05/2017
3,500
82141/17
24/11/2017
Aleksandr Aleksandrovich KULAKOV
1991
Mezak Ernest Aleksandrovich
Saint-Barthélemy d’Anjou
Anti-corruption assembly
Komsomolsk-on-Amur, Amur embarkment
26/03/2017
Article 19.3 § 1 of CAO
fine of RUB 1,000
Khabarovsk Regional Court
24/05/2017
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - unrecorded arrest for almost 24 hours for the purpose of drafting a record of administrative offence on 26/03/2017; raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Khabarovsk Regional Court on 24/05/2017
4,000
82263/17
23/11/2017
Aleksandr Aleksandrovich MINEYEV
1981
Glukhov Aleksey Vladimirovich
Novocheboksarsk
Anti-corruption rally
Nizhniy Novgorod, Markin square
26/03/2017
Article 20.2 § 5 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
24/05/2017
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 26/03/2017 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence; raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Nizhniy Novgorod Regional Court on 24/05/2017
4,000
82277/17
23/11/2017
Anna Eduardovna STEPANOVA
1961
Glukhov Aleksey Vladimirovich
Novocheboksarsk
Anti-corruption rally
Nizhniy Novgorod, Markin square
26/03/2017
Article 20.2 § 1 of CAO
fine of RUB 20,000
Nizhniy Novgorod Regional Court
24/05/2017
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Nizhniy Novgorod Regional Court on 24/05/2017
3,500
82290/17
23/11/2017
Mikhail Alekseyevich BORODIN
1996
Glukhov Aleksey Vladimirovich
Novocheboksarsk
Anti-corruption picketing and rally
Nizhniy Novgorod, Markin square
26/03/2017
Article 19.3 § 1 of CAO and Article 20.2 § 5 of CAO
fines of RUB 500 and RUB 10,000
Nizhniy Novgorod Regional Court
24/05/2017 and 15/06/2017
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - detention from 26/03/2017 to 27/03/2017; raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decisions: Nizhniy Novgorod Regional Court on 24/05/2017 and 15/06/2017
4,000
82300/17
23/11/2017
Nikita Maksimovich TSILIN
1998
Glukhov Aleksey Vladimirovich
Novocheboksarsk
Anti-corruption picketing and rally
Nizhniy Novgorod, Markin square
26/03/2017
Article 20.2 § 5 of CAO and Article 19.3 § 1 of CAO
fines of RUB 10,000 and RUB 500
Nizhniy Novgorod Regional Court
24/05/2017
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - detention from 14:00 on 26/03/2017 to 15:45 on 27/03/2017, in excess of 3 hours for the sole purpose of drawing up a record of administrative offence; raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decisions: Nizhniy Novgorod Regional Court on 24/05/2017
4,000
82787/17
29/11/2017
Yevgeniy OBROSKIN
1972
Memorial Human Rights Centre
Moscow
Anti-corruption manifestation
Moscow
26/03/2017
Article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
29/05/2017
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrested on 26/03/2017 at 15:00 during the assembly; brought to a police station to draw up a record of administrative arrest; released on the same day at 22:26; raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court on 29/05/2017
4,000
84193/17
08/12/2017
Vyacheslav Sergeyevich BYSTROV
1998
Yefremova Yekaterina Viktorovna
Moscow
Anti-corruption manifestation
Moscow
26/03/2017
Article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court 10/07/2017
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrested at 3:35 p.m. on 26/03/2017, escorted to a police station at 5:50 p.m. on the same day, protocol was delivered next day; detention for more than 3 hours without a valid reason; raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court on 10/07/2017
4,000
381/18
07/12/2017
Vadim Andreyevich PYRYEV
1997
Glukhov Aleksey Vladimirovich
Novocheboksarsk
Anti-corruption manifestation
Nizhniy Novgorod
26/03/2017
Article 19.3 § 1 of CAO and Article 20.2 § 5 of CAO
fines of RUB 500 and RUB 10,000
Nizhniy Novgorod Regional Court
07/09/2017
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrested on 26/03/2017 at 14:10 during the assembly and kept in a police station until 15:00 on 27/03/2017; raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Nizhniy Novgorod Regional Court on 07/09/2017
4,000
398/18
07/12/2017
Mikhail Borisovich ZAGRYADSKIY
1990
Glukhov Aleksey Vladimirovich
Novocheboksarsk
Anti-corruption manifestation
Nizhniy Novgorod
26/03/2017
Article 20.2 § 5 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
15/06/2017
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrested on 26/03/2017 at 16:10 during the assembly; brought to the police station to draw up a record of administrative arrest; released on the same day at 20:26; raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Nizhniy Novgorod Regional Court on 15/06/2017
4,000
404/18
07/12/2017
Mikhail Alekseyevich GURYANOV
1990
Glukhov Aleksey Vladimirovich
Novocheboksarsk
Antic-corruption manifestation
Nizhniy Novgorod
26/03/2017
Article 20.2 § 5 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
15/06/2017
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrested on 26/03/2017 at 14:20 during the assembly; brought to a police station to draw up a record of administrative arrest; released on the same day at 18:26; examined on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Nizhniy Novgorod Regional Court on 15/06/2017
4,000
603/18
07/12/2017
Aleksey Gennadyevich ZYUKOV
1990
Glukhov Aleksey Vladimirovich
Novocheboksarsk
Anti-corruption manifestation
Nizhniy Novgorod
26/03/2017
Article 20.2 § 5 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
15/06/2017
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrested on 26/03/2017 at 14:00 during the assembly; brought to a police station to draw up a record of administrative arrest; released on the same day at 18:26; examined on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Nizhniy Novgorod Regional Court on 15/06/2017
4,000
612/18
07/12/2017
Aleksey Nikolayevich INKIN
1985
Glukhov Aleksey Vladimirovich
Novocheboksarsk
Anti-corruption manifestation
Nizhniy Novgorod
26/03/2017
Article 20.2 § 5 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
15/06/2017
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrested on 26/03/2017 at 14:10 during the assembly; brought to a police station to draw up a record of administrative arrest; released on the same day at 18:26; examined on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Nizhniy Novgorod Regional Court on 15/06/2017
4,000
1601/18
26/12/2017
Yevgeniy Vasilyevich ARKHIPOV
1988
Memorial Human Rights Centre
Moscow
Anti-corruption manifestation
Tverskaya str., Moscow
26/03/2017
Article 20.2 § 6.1 of CAO
fine of RUB 15,000
Moscow City Court
14/08/2017
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrested during the rally, on 26/03/2017, at 14:50, taken to a police station for the purpose of drawing up a record of administrative offence, released on the same day at 23:30; raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court on 14/08/2017
4,000
1614/18
26/12/2017
Vladimir Aleksandrovich AVAYEV
1996
Memorial Human Rights Centre
Moscow
Anti-corruption manifestation
Tverskaya str., Moscow
26/03/2017
Article 20.2 § 6.1 of CAO
fine of RUB 10,000
Moscow City Court
16/08/2017
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - the applicant was arrested on 26/03/2017, at approximately 15:05, taken to the police station to draw up a record of administrative arrest and released on the same day, at 23:40; raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court on 16/08/2017
4,000
1626/18
26/12/2017
Nikita Yuryevich KANUNNIKOV
1987
Memorial Human Rights Centre
Moscow
Anti-corruption manifestation
Tverskaya str., Moscow
26/03/2017
Article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
02/08/2017
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrested on 26/03/2017 at 3:55 p.m. during the assembly; brought to a police station to draw up a record of administrative arrest; released on the following day at 1:00 a.m.; raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court on 02/08/2017
4,000
1684/18
26/12/2017
Dmitriy Nikolayevich KUBAROVSKIY
1977
Druzhkova Olga Vladimirovna
Moscow
Anti-corruption manifestation
Moscow
26/03/2017
Article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
04/07/2017
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest without protocol for 6 hours on 26/03/2017, wrong indication of time of arrest, a copy of protocol was not provided by the police; raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court on 04/07/2017
4,000
2435/18
28/12/2017
Pavel Aleksandrovich MAKOGON
1996
Memorial Human Rights Centre
Moscow
Anti-corruption manifestation
Moscow
26/03/2017
Article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
30/06/2017
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - detention in a police station for 4 hours from 16:00 on 26/03/2017; detention in excess of 3 hours; raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court on 30/06/2017
4,000
[1] Plus any tax that may be chargeable to the applicants.