FIRST SECTION
CASE OF BOBROVA AND OTHERS v. RUSSIA
(Applications nos. 57518/22 and 24 others –
see appended list)
JUDGMENT
STRASBOURG
18 January 2024
This judgment is final but it may be subject to editorial revision.
In the case of Bobrova and Others v. Russia,
The European Court of Human Rights (First Section), sitting as a Committee composed of:
Péter Paczolay, President,
Gilberto Felici,
Raffaele Sabato, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 14 December 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 participants in the protests against the Russian invasion of Ukraine that occurred in various parts of Moscow on 6 March 2022. 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 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, 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 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.
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 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;Holds that there has been a breach of Article 11 of the Convention in the applicants’ cases;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 18 January 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Péter Paczolay
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
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]
57518/22
13/11/2022
Mariya Andreyevna BOBROVA
2003
article 20.2 § 5 of CAO
fine of
RUB 20,000
Moscow City Court
21/07/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.30 p.m. until 9 p.m. on 06/03/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
4,000
40/23
10/11/2022
Dmitriy Konstantinovich KAZAK
1998
article 20.2 § 5 of CAO
fine of
RUB 20,000
Moscow City Court
11/07/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.25 p.m. until 11.54 p.m. on 06/03/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
4,000
42/23
23/11/2022
Andrey Anatolyevich PETRITSKIY
1955
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
29/08/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.15 p.m. on 06/03/2022 until 2.33 a.m. on 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
70/23
11/11/2022
Yelena Vladimirovna UKUSOVA
1971
article 20.2 § 5 of CAO
fine of
RUB 20,000
Moscow City Court
13/07/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.20 p.m. until 9.10 p.m. on 06/03/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
4,000
901/23
29/11/2022
Valentina Nikolayevna KORSHIKOVA
1996
Malinina Yuliya Valeryevna
Moscow
article 20.2 § 5 of CAO
fine of
RUB 20,000
Moscow City Court
29/07/2022
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 3.30 p.m. until 7.30 p.m. on 06/03/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
4,000
1184/23
25/11/2022
Anisiya Yevgenyevna BORISENKO
1994
article 20.2 § 5 of CAO
fine of
RUB 20,000
Moscow City Court
25/07/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.40 p.m. until 9.25 p.m. on 06/03/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
4,000
1194/23
08/12/2022
Yevgeniy Mikhaylovich MENDELEV
1983
article 20.2 § 5 of CAO
fine of
RUB 20,000
Moscow City Court
09/08/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
3,500
1203/23
29/11/2022
Anatoliy Igorevich LOGACHEV
1990
article 20.2 § 5 of CAO
fine of
RUB 15,000
Moscow City Court
09/09/2022
Art. 5 (1) - unlawful detention – escorting to and detention at the police station for compiling an offence report from 2.30 p.m. on 06/03/2022 until 12.10 a.m. on 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
1515/23
21/12/2022
Denis Leonidovich BELYAKOV
1968
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
25/08/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.15 p.m. until 10.15 p.m. on 06/03/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
1693/23
04/12/2022
Anastasiya Alekseyevna NIKONOROVA
1997
Filatchev Oleg Vladimirovich
Moscow
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
05/08/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
3,500
1694/23
16/12/2022
Yevgeniya Yevgenyevna SMIRNOVA
1991
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
23/08/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.45 p.m. until 9.15 p.m. on 06/03/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
4,000
1701/23
30/11/2022
Rafael Ruslanovich SADRTDINOV
1995
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
03/08/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 6.40 p.m. on 06/03/2022 until 12.30 a.m. on 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
1779/23
17/12/2022
Anna Pavlovna BYCHENKOVA
1996
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
31/08/2022
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 3.30 p.m. until 8.10 p.m. on 06/03/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
4,000
4248/23
26/12/2022
Kirill Alekseyevich DMITRIYEV
1995
Baranova Nataliya Andreyevna
Moscow
article 20.2 § 5 of CAO
fine of
RUB 20,000
Moscow City Court
07/09/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.05 p.m. on 06/03/2022 until midnight on 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
4469/23
29/12/2022
Valeriy Anatolyevich VOVK
1967
article 20.2 § 5 of CAO
fine of
RUB 15,000
Moscow City Court
31/08/2022
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 06/03/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
4,000
4801/23
06/01/2023
Maksim Anatolyevich KONNYCHEV
1991
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
07/09/2022
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 06/03/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
4,000
5092/23
03/01/2023
Roman Sergeyevich POZDNYAKOV
1990
article 20.2 § 5 of CAO
fine of
RUB 15,000
Moscow City Court
13/09/2022
Art. 5 (1) - unlawful detention – escorting to and detention at the police station for compiling an offence report from 2.50 p.m. on 06/03/2022 until 2.45 a.m. on 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
5096/23
15/12/2022
Leonid Pavlovich VARFOLOMEYEV
1996
article 20.2 § 5 of CAO
fine of
RUB 20,000
Moscow City Court
15/08/2022
Art. 5 (1) - unlawful detention – escorting to and detention at the police station for compiling an offence report from 2.15 p.m. until 7.20 p.m. on 06/03/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
4,000
5113/23
10/12/2022
Yekaterina Valentinovna NOVIKOVA
1952
article 20.2 § 5 of CAO
fine of
RUB 15,000
Moscow City Court
17/08/2022
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 06/03/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
4,000
5117/23
04/01/2023
Mstislav Igorevich BABCHENKO
1994
article 20.2 § 5 of CAO
fine of
RUB 15,000
Moscow City Court
05/09/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.30 p.m. on 06/03/2022 until 12.30 a.m. on 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
5832/23
12/01/2023
Yevgeniy Valeryevich ROMANOVSKIY
1995
article 20.2 § 5 of CAO
fine of
RUB 20,000
Moscow City Court
15/09/2022
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 06/03/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
4,000
6011/23
20/12/2022
Danila Vasilyevich CHURMANTEYEV
1975
article 20.2 § 5 of CAO
fine of
RUB 20,000
Moscow City Court
29/08/2022
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 06/03/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
4,000
6751/23
21/12/2022
Anastasiya Mikhaylovna KOSTYUKHINA
1990
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
23/08/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.40 p.m. until 10.10 p.m. on 06/03/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
4,000
6762/23
06/01/2023
Dmitriy Aleksandrovich ZRAZHEVSKIY
1982
article 20.2 § 5 of CAO
fine of
RUB 20,000
Moscow City Court
07/09/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.30 p.m. on 06/03/2022 until 1.30 a.m. on 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
7265/23
26/10/2022
Dmitriy Igorevich PEYCH
1985
article 20.2 § 5 of CAO
fine of
RUB 20,000
Moscow City Court
27/06/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.30 p.m. until 9.15 p.m. on 06/03/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
4,000
[1] Plus any tax that may be chargeable to the applicants.