FIRST SECTION
CASE OF ASKEROV AND OTHERS v. RUSSIA
(Applications nos. 1712/20 and 20 others –
see appended list)
JUDGMENT
STRASBOURG
23 March 2023
This judgment is final but it may be subject to editorial revision.
In the case of Askerov and Others v. Russia,
The European Court of Human Rights (First Section), sitting as a Committee composed of:
Lətif Hüseynov, President,
Ivana Jelić,
Erik Wennerström, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 2 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 applicants were represented by Memorial Human Rights Centre, a non-governmental organisation practicing in Moscow.
3. The Russian Government (“the Government”) were given notice of the applications.
THE FACTS
4. The list of applicants and the relevant details of the applications are set out in the appended table.
5. The applicants complained of the disproportionate measures taken against them as participants of public assemblies, namely the manifestations for fair elections to the Moscow City Parliament in summer 2019 in Moscow. They also raised other complaints under the provisions of the Convention.
THE LAW
JOINDER OF THE APPLICATIONS6. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.
ALLEGED VIOLATION OF ARTICLE 11 OF THE CONVENTION7. The applicants complained principally of disproportionate measures taken against them as 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 and having taken into account the issue of compliance with the six-month time-limit under Article 35 § 1 of the Convention (see Saakashvili v. Georgia (dec.), nos. 6232/20 and 22394/20, §§ 46-59, 1 March 2022, in which the Court addressed the COVID-related extension of the period in question), 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 interference with the applicants’ freedom of assembly was 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 they also disclose violations of the Convention in the light of its findings in its well-established case-law (see Butkevich v. Russia, no. 5865/07, §§ 63-65, 13 February 2018; Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-23, 10 April 2018; Kalyapin v. Russia, no. 6095/09, § 76, 23 July 2019; and Korneyeva v. Russia, no. 72051/17, §§ 34-36, 8 October 2019, concerning various aspects of unlawful deprivation of liberty of the organisers or participants of public events; and Karelin v. Russia, no. 926/08, 20 September 2016, related to examination of criminal cases in the absence of a prosecuting party in the judicial proceedings governed by the Federal Code of Administrative Offences (CAO)).
Remaining complaints14. The applicants further raised additional complaints under Article 6 of the Convention concerning other aspects of the fairness of the administrative‑offence proceedings. In view of the above findings, the Court considers that there is no need to deal separately with these remaining complaints.
15. The applicants in applications nos. 8167/20 and 8198/20 also raised complaints under Article 3 of the Convention. The Court considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention. It follows that this part of the applications must be rejected in accordance with Article 35 § 4 of the Convention.
APPLICATION OF ARTICLE 41 OF THE CONVENTION16. 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.”
17. Regard being had to the documents in its possession and to its case‑law (see, recently, Savelov and Others v. Russia [Committee], nos. 62815/10 and 5 others, 1 December 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;Declares the complaints concerning the dispersal of the public assemblies and the other complaints under well-established case-law of the Court, as set out in the appended table, admissible, decides that there is no need to examine separately the remaining complaints under Article 6 of the Convention concerning other aspects of the fairness of the administrative offence proceedings, and declares the remainder of applications nos. 8167/20 and 8198/20 inadmissible;Holds that these applications disclose a breach of Article 11 of the Convention concerning the dispersal of the public assemblies;Holds that there has been a violation of the Convention as regards the other complaints raised under 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 23 March 2023, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Lətif Hüseynov
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
Date of the manifestation for fair elections in Moscow
Administrative charges
Penalty
Final decision:
Moscow City Court,
Date
Other complaints under well-established case-law
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
(in euros)[1]
1712/20
27/12/2019
Elmir Akper ogly ASKEROV
1994
03/08/2019
Article 20.2 § 5
of CAO
fine of
RUB 10,000
18/10/2019
Art. 5 (1) - escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 2.40 p.m. on 03/08/2019 to 2.00 a.m. on 04/08/2019; the applicant remained in detention even after the record had been completed;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings – final decision: Moscow City Court, 18/10/2019.
4,000
1801/20
18/12/2019
Konstantin Sergeyevich LEVIN
1992
27/07/2019
Article 20.2 § 5
of CAO
fine of
RUB 10,000
26/08/2019
Art. 5 (1) - escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 4.50 p.m. on 27/07/2019 to 00.15 a.m. on 28/07/2019;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings – final decision: Moscow City Court, 26/08/2019.
4,000
1823/20
27/12/2019
Nikolay Anatolyevich NIKULSHIN
1991
03/08/2019
Article 20.2 § 5
of CAO
fine of
RUB 10,000
02/10/2019
Art. 5 (1) - escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.30 p.m. to 11.30 p.m. on 03/08/2019;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings – final decision: Moscow City Court, 02/10/2019.
4,000
7023/20
30/12/2019
Bogdan Igorevich SHUMSKIY
1992
03/08/2019
Article 20.2 § 5
of CAO
fine of
RUB 12,000
04/10/2019
Art. 5 (1) - escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.30 p.m. to 11.00 p.m. on 03/08/2019;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings – final decision: Moscow City Court, 04/10/2019.
4,000
8167/20
29/01/2020
Konstantin Yuryevich ZHAROV
1974
27/07/2019
Article 20.2 § 6.1 of CAO
fine of
RUB 10,000
30/10/2019
Art. 5 (1) - escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 5.00 p.m. on 27/07/2019 to 12.30 a.m. on 29/07/2019, until the hearing on the applicant’s administrative-offence case;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings – final decision: Moscow City Court, 30/10/2019.
4,000
8198/20
29/01/2020
Grigoriy Iosifovich KLEMENTYEV
1974
27/07/2019
Article 20.2 § 6.1 of CAO
fine of
RUB 10,000
16/10/2019
Art. 5 (1) - escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 8.00 p.m. on 27/07/2019 to 10.00.p.m on 29/07/2019, till the hearing in the applicant’s administrative-offence case;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings – final decision: Moscow City Court, 16/10/2019.
4,000
8319/20
03/02/2020
Dmitriy Aleksandrovich GALKIN
1994
27/07/2019
Article 20.2 § 5
of CAO
fine of
RUB 12,000
08/10/2019
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings – final decision: Moscow City Court, 08/10/2019;
Art. 5 (1) - escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 9.00 p.m. on 27/07/2019 to 00.25 a.m. on 28/07/2019, while the record had been drawn up only on 30/07/2019.
4,000
8324/20
03/02/2020
Maksim Anatolyevich STROKOV
1990
27/07/2019
Article 20.2 § 5
of CAO
fine of
RUB 10,000
04/10/2019
Art. 5 (1) - escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 6.30 p.m. on 27/07/2019 to 04.20 a.m. on 28/07/2019, while the record had been drawn up only on 02/08/2019;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings – final decision: Moscow City Court, 04/10/2019.
4,000
8333/20
03/02/2020
Maksim Olegovich YAKOVLEV
1985
27/07/2019
Article 20.2 § 5
of CAO
fine of
RUB 10,000
28/08/2019
Art. 5 (1) - escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 5.10 p.m. to 11.10 p.m. on 27/07/2019;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings – final decision: Moscow City Court, 28/08/2019.
4,000
10255/20
13/02/2020
Sergey Vladimirovich KUOK
(former KULIKOV)
1968
27/07/2019
Article 20.2 § 5
of CAO
fine of
RUB 15,000
12/11/2019
Art. 5 (1) – escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 2.00 p.m. to 6.00 p.m. on 27/07/2019;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings – final decision: Moscow City Court, 12/11/2019.
4,000
10262/20
13/02/2020
Maksim Olegovich MASHKOV
1980
27/07/2019
Article 20.2 § 5
of CAO
fine of
RUB 15,000
22/11/2019
Art. 5 (1) - escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 2.40 p.m. to 20.40 p.m. on 27/07/2019;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings – final decision: Moscow City Court, 22/11/2019.
4,000
12149/20
27/02/2020
Mikhail Yuryevich GAMOV
1970
03/08/2019
Article 20.2 § 5
of CAO
fine of
RUB 20,000
04/09/2019
Art. 5 (1) - escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 4.25 p.m. on 03/08/2019 to 02.30 p.m. on 04/08/2019; the applicant remained in detention even after the record had been completed;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings – final decision: Moscow City Court, 04/09/2019.
4,000
14030/20
28/02/2020
Aleksandr Mikhaylovich ALEKSANIN
1982
03/08/2019
Article 20.2 § 2
of CAO
fine of
RUB 20,000
28/08/2019
Art. 5 (1) - escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 4.00 p.m. on 03/08/2019 to 01.00 p.m. on 04/08/2019;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings – final decision: Moscow City Court, 28/08/2019.
4,000
24876/20
22/06/2020
Olesya Nikolayevna YELFIMOVA
1983
27/07/2019
Article 20.2 § 5
of CAO
fine of
RUB 15,000
04/10/2019
Art. 5 (1) - escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 4.25 p.m. on 27/07/2019 to 00.45 p.m. on 28/07/2019; the applicant remained in detention even after the record had been completed;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings – final decision: Moscow City Court, 04/10/2019.
4,000
25283/20
23/06/2020
Pavel Germanovich MILOVIDOV
1988
27/07/2019
Article 20.2 § 5
of CAO
fine of
RUB 10,000
26/09/2019
Art. 5 (1) - escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 2.30 p.m. to 6.20 p.m. on 27/07/2019;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings – final decision: Moscow City Court, 26/09/2019.
4,000
25316/20
23/06/2020
Dmitriy Pavlovich ASAVKIN
1991
27/07/2019
Article 20.2 § 6.1 of CAO
fine of
RUB 10,000
26/09/2019
Art. 5 (1) - escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 8.20 p.m. on 27/07/2019 to 03.00 p.m. on 29/07/2019, until the hearing on the applicant’s administrative-offence case;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings – final decision: Moscow City Court, 26/09/2019.
4,000
25904/20
22/06/2020
Dmitriy Yuryevich KHARITONOV
1975
27/07/2019
Article 20.2 § 5
of CAO
fine of
RUB 10,000
22/11/2019
Art. 5 (1) - escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 6.40 p.m. on 27/07/2019 to 03.00 a.m. on 28/07/2019, while the record had been drawn up only on 01/08/2019;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings – final decision: Moscow City Court, 22/11/2019.
4,000
25937/20
22/06/2020
Matvey Gennadyevich KURZUKOV
1994
27/07/2019
Article 20.2 § 5
of CAO
fine of
RUB 10,000
22/10/2019
Art. 5 (1) - escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 4.50 p.m. on 27/07/2019 to 00.15 a.m. on 28/07/2019; the applicant spent 5 hours in a police van before having been brought to the police station;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings – final decision: Moscow City Court, 22/10/2019.
4,000
27977/20
25/06/2020
Mikhail Igorevich ROSHCHIN
1994
27/07/2019
Article 20.2 § 5
of CAO
fine of
RUB 15,000
26/09/2019
Art. 5 (1) - escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 2.30 p.m. to 9.50 p.m. on 27/07/2019, while the record had been drawn up only on 02/08/2019;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings – final decision: Moscow City Court, 26/09/2019.
4,000
28314/20
03/07/2020
Maksim Viktorovich KRAVCHUK
1989
27/07/2019
Article 20.2 § 5
of CAO
fine of
RUB 10,000
18/12/2019
Art. 5 (1) - escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 2.40 p.m. to 7.00 p.m. on 27/07/2019, while the record had been drawn up only on 02/08/2019;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings – final decision: Moscow City Court, 18/12/2019.
4,000
32080/20
23/07/2020
Dmitriy Sergeyevich MALOV
1989
27/07/2019
Article 20.2 § 6.1 of CAO
fine of
RUB 15,000
28/10/2019
Art. 5 (1) - escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 8.15. p.m. on 27/07/2019 to 2.15 p.m. on 29/07/2019; the applicant remained in detention even after the record had been completed;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings – final decision: Moscow City Court, 28/10/2019.
4,000
[1] Plus any tax that may be chargeable to the applicants.