FIFTH SECTION
CASE OF ARISTOV AND OTHERS v. RUSSIA
(Applications nos. 10697/23 and 32 others –
see appended list)
JUDGMENT
STRASBOURG
16 May 2024
This judgment is final but it may be subject to editorial revision.
In the case of Aristov and Others v. Russia,
The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:
María Elósegui, President,
Mattias Guyomar,
Kateřina Šimáčková, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 18 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. 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 [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. 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.
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 COMPLAINTS14. The applicant in application no. 34414/23 raised further additional complaints under Article 6 of the Convention. In view of the findings in paragraph 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 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 under Article 6 of the Convention in application no. 34414/23;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 May 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina María Elósegui
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]
10697/23
21/02/2023
Kim Anatolyevich ARISTOV
1980
Anti-war protest
Moscow
28/02/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
21/10/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 28/02/2022 until 01/03/2022
4,000
11475/23
25/02/2023
Ruslan Igorevich BELYAYEV
1990
Anti-war protest
Moscow
13/03/2022
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
27/10/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 13/03/2022 for compiling an offence report
4,000
11478/23
22/02/2023
Mariya Alekseyevna SMIRNOVA
2001
Zboroshenko Nikolay Sergeyevich
Mytishchi
Anti-war protest
Moscow
27/02/2022
article 20.2 § 8 of CAO
fine of RUB 150,000
Moscow City Court
25/10/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 27/02/2022 for compiling an offence report
5,500
11551/23
27/02/2023
Darya Sergeyevna KATASONOVA
1996
Anti-war protest
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
27/10/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report
4,000
11552/23
22/02/2023
Aleksey Sergeyevich TSVETYNIN
1988
Anti-war protest
Moscow
04/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
25/10/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 04/03/2022 until 05/03/2022
4,000
11754/23
26/02/2023
Irina Stanislavovna DMITRIYEVSKAYA
2000
Anti-war protest
Moscow
24/02/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
27/10/2022
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
4,000
11853/23
22/02/2023
Fedor Dmitriyevich RYZHOV
2003
Anti-war protest
Moscow
13/03/2022
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
31/10/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 13/03/2022 for compiling an offence report
4,000
12159/23
03/02/2023
Dmitriy Alekseyevich ARKHIPOV
1996
Anti-war protest
Moscow
02/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
03/10/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 02/03/2022 for compiling an offence report
4,000
12200/23
25/02/2023
Olga Sergeyevna ALTER
1979
Anti-war protest
Moscow
01/03/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
25/10/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 01/03/2022 for compiling an offence report
4,000
12314/23
02/03/2023
Roman Igorevich KISELEV
1994
Anti-war protest
Moscow
02/03/2022
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
03/11/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 02/03/2022 until 03/03/2022
4,000
12346/23
06/03/2023
Rodion Arturovich AFANASYEV
1998
Anti-war protest
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
01/12/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report
4,000
12887/23
07/03/2023
Yevgeniy Vladimirovich ABAYEV-GILDEBRAND
1997
Baranova Natalya Andreyevna
Moscow
Anti-war protest
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
09/11/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report
4,000
13228/23
23/03/2023
Aleksey Vadimovich DEMIDOV
1992
Anti-war protest
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
23/11/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report
4,000
13239/23
11/03/2023
Veronika Igorevna KNITEL
1992
Anti-war protest
Moscow
27/02/2022
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
11/11/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 27/02/2022 for compiling an offence report
4,000
13889/23
10/03/2023
Svyatoslav Maksimovich SINEV
1995
Anti-war protest
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
15/11/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report
4,000
14364/23
15/03/2023
Yan Alekseyevich KALASHNIKOV
1994
Anti-war protest
Moscow
24/02/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
17/11/2022
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
4,000
14612/23
04/03/2023
Gleb Vladislavovich OVSYANNIKOV
1978
Anti-war protest
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
09/11/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report
4,000
14617/23
10/03/2023
Olga Andreyevna SAKHAPOVA
1993
Anti-war protest
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
11/11/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report
4,000
14980/23
22/03/2023
Nikolay Petrovich KOLPASHNIKOV
1957
Anti-war protest
Moscow
27/02/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
23/11/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 27/02/2022 until 28/02/2022
4,000
15578/23
07/03/2023
Andrey Sergeyevich PETUSHKOV
2003
Anti-war protest
Moscow
24/02/2022
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
07/11/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 24/02/2022 for compiling an offence report
4,000
16191/23
07/04/2023
Akeksandr Sergeyevich KUDASHEV
1982
Anti-war protest
Samara
27/02/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Samara Regional Court
07/12/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 27/02/2022 for compiling an offence report
4,000
17396/23
11/04/2023
Fedor Mikhaylovich GUROV
1999
Anti-war protest
Moscow
27/02/2022
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
15/12/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 27/02/2022 for compiling an offence report
4,000
23502/23
23/05/2023
Yana Andreyevna VARKHOLEVA
1990
Anti-war protest
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
09/02/2023
Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report
4,000
23504/23
23/05/2023
Yekaterina Aleksandrovna ORLOVA
2002
Anti-war protest
Moscow
28/02/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
03/02/2023
Art. 5 (1) - unlawful detention - escorting to the police station on 28/02/2022 for compiling an offence report
4,000
23787/23
17/05/2023
Anna Dmitriyevna MELCHUKOVA
1995
Anti-war protest
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
25/01/2023
Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report
4,000
24808/23
18/04/2023
Anastasiya Alekseyevna BELYANINA
2002
Arshinova Valeriya Aleksandrovna
Moscow
Anti-war protest
Moscow
28/02/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
19/12/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 28/02/2022 for compiling an offence report
4,000
24812/23
18/04/2023
Anastasiya Vasilyevna SHENTALINSKAYA
1972
Arshinova Valeriya Aleksandrovna
Moscow
Anti-war protest
Moscow
24/02/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
19/12/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 24/02/2022 for compiling an offence report
4,000
25281/23
13/06/2023
Aleksey Konstantinovich MIGAY
1974
Anti-war protest
Moscow
03/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
17/02/2023
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 03/03/2022 until 04/03/2022
4,000
31419/23
13/07/2023
Mari LOVSKI
1998
Anti-war protest
Moscow
27/02/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
13/03/2023
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 27/02/2022 until 28/02/2022
4,000
31599/23
20/07/2023
Tatyana Petrovna LVOVSKAYA
1987
Anti-war protest
Moscow
25/02/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
21/03/2023
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 25/02/2022 until 26/02/2022
4,000
34414/23
22/09/2021
Nikita Viktorovich GALKIN
1997
Zboroshenko Nikolay Sergeyevich
Mytishchi
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
28/04/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 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
35123/23
04/07/2023
Aleksandr Aleksandrovich KOLOBOV
1996
Anti-war protest
Moscow
03/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
09/03/2023
Art. 5 (1) - unlawful detention - escorting to the police station on 03/03/2022 for compiling an offence report
4,000
35125/23
01/07/2023
Mikhail Andreyevich SOKOLOV
1998
Anti-war protest
Moscow
27/02/2022
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
01/03/2023
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 27/02/2022 until 28/02/2022
4,000
[1] Plus any tax that may be chargeable to the applicants.