THIRD SECTION
CASE OF CHIBYSHEV AND OTHERS v. RUSSIA
(Applications nos. 23778/21 and 32 others –
see appended list)
JUDGMENT
STRASBOURG
4 July 2024
This judgment is final but it may be subject to editorial revision.
In the case of Chibyshev 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 30 May 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.
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 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. Some applicants raised further additional complaints under Articles 5 and 6 of the Convention concerning other aspects of their deprivation of liberty and 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 Articles 5 and 6 of the Convention;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 4 July 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 / criminal 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]
23778/21
20/04/2021
Aleksandr Mikhaylovich CHIBYSHEV
1988
Shchukin Andrey Yevgenyevcich
Nizhniy Tagil
Rally in support of A. Navalnyy
Yekaterinburg
31/01/2021
article 20.2 § 5 of CAO
community service of 30 hours
Sverdlovsk Regional Court
24/03/2021
Art. 5 (1) - unlawful detention - arrest and detention on 31/01/2021 for the sole purpose of drawing a record of administrative offence
4,000
27201/21
04/05/2021
Sergey Vladimirovich LAZAREV
1988
Bubon Konstantin Vladimirovich
Khabarovsk
Rally in support of S. Furgal
Khabarovsk
19/09/2020
article 20.2 § 8 of CAO
community service of 100 hours
Khabarovsk Regional Court
05/11/2020
3,500
28569/21
02/06/2021
Yegor Viktorovich NIKONOROV
1993
Memorial Human Rights Centre
Moscow
Rally in support of A. Navalnyy
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
18/03/2021
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,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
31177/21
21/05/2021
Sergey Viktorovich DRUCHEK
1991
Shchukin Andrey Yevgenyevich
Nizhniy Tagil
Rally in support of A. Navalnyy
Kazan
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
07/04/2021
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 the offence record had been compiled
4,000
31350/21
24/05/2021
Dmitriy Andreyevich KAPIN
1988
Aksenova Darya Dmitriyevna
Kolomna
Rally in support of A. Navalnyy
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
administrative detention of 12 days
Moscow City Court
12/02/2021
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, and after the 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
5,000
31370/21
24/05/2021
Sergey Sergeyevich KHOMUTINNIKOV
1990
Aksenova Darya Dmitriyevna
Kolomna
Rally in support of A. Navalnyy
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
administrative detention of 14 days
Moscow City Court
12/02/2021
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 the 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
5,000
31663/21
07/06/2021
Yevgeniy Alekseyevich KLIMOV
1994
Pershakova Yelena Yuryevna
Moscow
Rally in support of A. Navalnyy
Perm
23/01/2021
article 20.2 § 2 of CAO
administrative detention of 5 days
Perm Regional Court
09/04/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention between 26/01/2021 and 27/01/2021 as administrative suspect, pending trial, and after the offence record had been compiled in respect of the rally of 23/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
5,000
36717/21
07/07/2021
Aleksandr Igorevich VETOSHKIN
1998
Bochilo Anna Yevgenyevna
Barnaul
Rally in support of A. Navalnyy
Syktyvkar
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 5,000
Supreme Court of the Komi Republic
24/03/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 23/01/2021 for the sole purpose of drawing up an administrative offence record; 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
4,000
38375/21
02/07/2021
Andrey Vladimirovich ALEYNIK
1998
Memorial Human Rights Centre
Moscow
Rally in support of A. Navalnyy
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 20,000
Moscow City Court
26/02/2021
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 and after the 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
38539/21
17/07/2021
Svetlana Petrovna SHUMILINA
1976
Kapustin Vladimir Yakovlevich
Yekaterinburg
Rally in support of A. Navalnyy
Yekaterinburg
23/01/2021
article 20.2 § 5 of CAO
community service of 20 hours
Sverdlovsk Regional Court
25/05/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
3,500
38919/21
22/07/2021
Sergey Vasilyevich NOVIKOV
1984
Memorial Human Rights Centre
Moscow
Rally in support of A. Navalnyy
Moscow
23/01/2021
article 20.2 § 5 of CAO
administrative fine of RUB 10,000
Moscow City Court
11/05/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 23/01/2021 for the sole purpose of drawing up an administrative offence record,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
39194/21
27/07/2021
Daniil Sergeyevich DAVYDENKO
2000
Eysmont Mariya Olegovna
Moscow
Rally in support of A. Navalnyy
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
administrative detention of 10 days
Moscow City Court
09/02/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 03/02/2021 as administrative suspect, pending trial, after the 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
5,000
40289/21
28/07/2021
Mikhail Sergeyevich ANISKIN
1985
Bochilo Anna Yevgenyevna
Barnaul
Rally in support of A. Navalnyy
Lipetsk
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Lipetsk Regional Court
04/03/2021
Art. 5 (1) - unlawful detention – arrest, escorting to a police station and detention on 31/01/2021 for the sole purpose of drawing up an administrative offence record,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
41232/21
24/07/2021
Galina Yuryevna GREBENNIKOVA
1965
Bochilo Anna Yevgenyevna
Barnaul
Rally in support of A. Navalnyy
Lipetsk
21/04/2021
article 20.2 § 8 of CAO
fine of RUB 75,000
Lipetsk Regional Court
03/06/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 21/04/2021 and 22/01/2021 as administrative suspect, after the 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
41325/21
31/07/2021
Anastasiya Vladimirovna SHLYKOVA
2000
Eysmont Mariya Olegovna
Moscow
Rally in support of A. Navalnyy
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
administrative detention of 10 days
Moscow City Court
09/02/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect, after the 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
5,000
45699/21
17/08/2021
Yaroslav Vitalyevich DMITRIYEV
1979
Rally in support of A. Navalnyy
Kazan
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
07/04/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention from 31/01/2021 to 01/02/2021 as administrative suspect, after the offence record had been compiled
4,000
51752/21
15/10/2021
Sergey Viktorovich CHERNETSKIY
1985
Zhdanov Ivan Yuryevich
Vilnius
Rally in support of A. Navalnyy
Tambov
21/04/2021
article 20.2 § 6.1 of CAO
administrative detention of 10 days
Tambov Regional Court
24/04/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 21/04/2021 to 22/04/2021 as administrative suspect, after the 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
5,000
52477/21
30/09/2021
Rustam Vadimovich DAVLYATOV
1993
Usanova Olimpiada Valentinovna
Nizhniy Novgorod
Rally in support of A. Navalnyy
Nizhniy Novgorod
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
31/03/2021
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 the 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
52935/21
14/10/2021
Sofya Sara KARAULOVA
1998
Solovyev Stanislav Vyacheslavovich
Moscow
Opposition rally
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
14/04/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 31/01/2021, for the sole purpose of drawing up a record of administrative offence
4,000
53175/21
23/09/2021
Artem Sergeyevich BELOUSOV
1999
Bushmakov Aleksey Vladimirovich
Yekaterinburg
Rally in support of A. Navalnyy
Yekaterinburg
31/01/2021
article 20.2 § 5 of CAO
20 hours of community service
Sverdlovsk Regional Court
09/06/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station 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
4,000
53275/21
07/10/2021
Dmitriy Igorevich KOSTYUNIN
1983
Usanova Olimpiada Valentinovna
Nizhniy Novgorod
Rally in support of A. Navalnyy
Nizhniy Novgorod
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
07/04/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 31/01/2021 and 02/02/2021 as administrative suspect, pending trial, after the 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
53475/21
15/10/2021
Nikolay Dzhumberovich ASATIANI
1974
Peredruk Aleksandr Dmitriyevich
St Petersburg
Rally for fair elections to Mosgorduma
Moscow
27/07/2019
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
20/04/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 27/07/2019 for the sole purpose of drawing up a record of administrative offence
4,000
4566/22
17/12/2021
Veronika Yuryevna MAKAROVA
2000
Memorial Human Rights Centre
Moscow
Rally in support of A. Navalnyy
Blagoveshchensk
21/04/2021
article 20.2 § 5 of CAO
file of RUB 10,000
Amur Regional Court
12/07/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
3,500
4569/22
17/12/2021
Aleksey Igorevich MAKAROV
1998
Memorial Human Rights Centre
Moscow
Rally in support of A. Navalnyy
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
21/06/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, 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
4,000
4914/22
30/12/2021
Aleksey Valeryevich KUKUNCHIKOV
1995
Usanova Olimpiada Valentinovna
Nizhniy Novgorod
Rally in support of A. Navalnyy
Nizhniy Novgorod
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
15/11/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, 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
4,000
5043/22
25/12/2021
Mikhail Mikhaylovich NIKOLAYEV
1990
Popkov Aleksandr Vasilyevich
Sochi
Rally in support of A. Navalnyy
Sochi
23/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 15,000
Krasnodar Regional Court
30/06/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
3,500
5144/22
30/12/2021
Matvey Vladimirovich FEFELOV
2000
Popkov Aleksandr Vasilyevich
Sochi
Rally in support of A. Navalnyy
Sochi
23/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 15,000
Krasnodar Regional Court
14/07/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 23/01/2021 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
4,000
5155/22
30/12/2021
Yelena Aleksandrovna POPOVA
1956
Lepekhin Andrey Gennadyevich
Chelyabinsk
Rally in support of A. Navalnyy
Chelyabinsk
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Chelyabinsk Regional Court
01/07/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
3,500
5351/22
29/12/2021
Ivan Aleksandrovich RYBIN
2002
Solovyev Leonid Alekseyevich
Moscow
Rally for fair elections to the State Duma
Moscow
22/09/2021
article 20.2 § 8 of CAO
administrative detention of 25 days
Moscow City Court
28/09/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 22/09/2021 and 23/09/2021 as administrative suspect, after the 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
5,500
5782/22
17/12/2021
Oleg Askarovich DIYKANOV
1977
Zinovyev Konstantin Mikhaylovich
Nizhniy Novgorod
Rally in support of A. Navalnyy
Nizhniy Novgorod
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
17/06/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 23/01/2021 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
4,000
5790/22
09/12/2021
Aleksey Nikolayevich GUSAROV
1981
Memorial Human Rights Centre
Moscow
Rally in support of A. Navalnyy
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
11/06/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 02/02/2021, 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
4,000
7336/22
20/01/2022
Anna Mikhaylovna KUDRYASHOVA
1991
Memorial Human Rights Centre
Moscow
Rally in support of A. Navalnyy
Perm
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Perm Regional Court
11/08/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
3,500
7371/22
30/12/2021
Mikhail Pavlovich ZYSKIN
1978
Vasin Vladimir Valeryevich
Krasnoyarsk
Rally in support of A. Navalnyy
Krasnoyarsk
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Krasnoyarsk Regional Court
08/07/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 31/01/2021 for the sole purpose of drawing up a record of administrative offence (such record only drawn up on 16/03/2021),
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.