THIRD SECTION
CASE OF DORONIN AND OTHERS v. RUSSIA
(Applications nos. 44105/21 and 29 others –
see appended list)
JUDGMENT
STRASBOURG
14 December 2023
This judgment is final but it may be subject to editorial revision.
In the case of Doronin 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 23 November 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 or participants of public assemblies. They also raised other complaints under the provisions of the Convention.
THE LAWJOINDER OF THE APPLICATIONS
5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.JURISDICTION
6. 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 CONVENTION
7. 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-LAW
12. Some applicants submitted other complaints which also raised issues under the Convention and its Protocols, 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 and its Protocols 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; 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); and Martynyuk v. Russia, no. 13764/15, §§ 38-42, 8 October 2019, relating to the lack of suspensive effect of an appeal against the sentence of administrative detention.REMAINING COMPLAINTS
14. 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 12 and 13 above, the Court considers that there is no need to deal separately with these remaining complaints.
15. The Court has further examined the rest of the complaints raised by the applicants and 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 either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto. 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 CONVENTION
16. 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 the applicants’ complaints 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, finds that there is no need to examine separately the remaining complaints under Article 6 of the Convention, and declares the remainder of the applications inadmissible;Holds that these applications disclose a breach of Article 11 of the Convention;Holds that there has been a violation of the Convention and the Protocols thereto 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 14 December 2023, 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 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]
44105/21
30/08/2021
Vladimir Dmitriyevich DORONIN
1991
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Volgograd
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Volgograd Regional Court
04/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station on 31/01/2021 for compiling an offence record between 1.30 p.m. and 9.00 p.m. on 31/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
4,000
44369/21
12/08/2021
Yevgeniy Olegovich TIKHONOV
2000
Glukhov Aleksey Vladimirovich
Novocheboksarsk
Rally "Free Navalnyy"
Cheboksary
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Supreme Court of the Chuvashia Republic
26/03/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
3,500
44373/21
12/08/2021
Artem Aleksandrovich MAKAROV
1989
Glukhov Aleksey Vladimirovich
Novocheboksarsk
Rally "Free Navalnyy"
Cheboksary
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Chuvashia Republic
30/03/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
3,500
44380/21
12/08/2021
Ivan Igorevich KUZNETSOV
1995
Glukhov Aleksey Vladimirovich
Novocheboksarsk
Rally "Free Navalnyy"
Cheboksary
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 12,000
Supreme Court of the Chuvashia Republic
15/04/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
3,500
44383/21
12/08/2021
Aleksey Dmitriyevich MAKSIMOV
2001
Glukhov Aleksey Vladimirovich
Novocheboksarsk
Rally "Free Navalnyy"
Cheboksary
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Chuvashia Republic
23/03/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
3,500
44425/21
17/08/2021
Aleksandr Ivanovich DYAKOV
1988
Solovyev Stanislav Vyacheslavovich
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 20,000
Moscow City Court
18/02/2021
Art. 5 (1) – unlawful detention - escorting to and detention at the police station after compiling an offence record between 4.10 p.m. on 31/01/2021 and 02/02/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
4,000
44668/21
12/08/2021
Aleksandr Andreyevich KUDRYASHOV
1993
Glukhov Aleksey Vladimirovich
Novocheboksarsk
Rally "Free Navalnyy"
Cheboksary
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of Chuvashia
04/05/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
3,500
44693/21
12/08/2021
Arkadiy Nikolayevich MITROSHKIN
2021
Glukhov Aleksey Vladimirovich
Novocheboksarsk
Rally "Free Navalnyy"
Cheboksary
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 12,000
Supreme Court of the Chuvashia Republic
06/04/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
3,500
44699/21
12/08/2021
Pavel Vadimovich PETROV
2001
Glukhov Aleksey Vladimirovich
Novocheboksarsk
Rally "Free Navalnyy"
Cheboksary
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of Chuvashia
06/04/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
3,500
44706/21
12/08/2021
Anzhelika Nikolayevna ROMANOVA
1995
Glukhov Aleksey Vladimirovich
Novocheboksarsk
Rally "Free Navalnyy"
Cheboksary
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Chuvashia Republic
31/03/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
3,500
44967/21
18/08/2021
Svetlana Mikhaylovna KRIVITSKAYA
1972
Vasilyev Nikolay Vladimirovich
Moscow
Eco-protest
Moscow
27/09/2020
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
18/02/2021
Art. 6 (1) - lack of impartiality of tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
3,500
45001/21
20/08/2021
Darya Dmitriyevna VIKULOVA
1997
Krasikov Vladimir Vladimirovich
Samara
Rally "Free Navalnyy"
Samara
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Samara Regional Court
18/05/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an 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
45022/21
03/09/2021
Pavel Sergeyevich LEVITSKIY
1986
Zhdanov Ivan Yuryevich
Vilnius
Rally "Free Navalnyy"
Kurgan
23/01/2021
article 20.2 § 5 of CAO
20 hours of community work
Kurgan Regional Court
17/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 for compiling an 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
45056/21
25/08/2021
Aleksandra Aleksandrovna SHNAYDER
2000
Rally "Free Navalnyy"
Novosibirsk
23/01/2021
article 20.2 § 2 of CAO
detention for 8 days
Novosibirsk Regional Court
25/02/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Prot. 7 Art. 2 - Right of appeal against criminal conviction/sentence - The sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
5,000
45255/21
30/08/2021
Inna Vyacheslavovna TITOVA
1985
Vasin Vladimir Valeryevich
Krasnoyarsk
Rally "Free Navalnyy"
Krasnoyarsk
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Krasnoyarsk Regional Court
13/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record on 31/01/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
4,000
45264/21
30/08/2021
Marina Yuryevna KADETOVA
1996
Vasin Vladimir Valeryevich
Krasnoyarsk
Rally "Free Navalnyy"
Krasnoyarsk
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Krasnoyarsk Regional Court
19/04/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence on 31/01/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
4,000
45271/21
30/08/2021
Pavel Olegovich GERASIMENKO
2001
Vasin Vladimir Valeryevich
Krasnoyarsk
Rally "Free Navalnyy"
Krasnoyarsk
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Krasnoyarsk Regional Court
13/05/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record on 31/01/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
4,000
45276/21
30/08/2021
Valentina Mikhaylovna VESNYANKO
1999
Vasin Vladimir Valeryevich
Krasnoyarsk
Rally "Free Navalnyy"
Krasnoyarsk
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Krasnoyarsk Regional Court
03/06/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record on 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,
4,000
46593/21
31/08/2021
Yana Aleksandrovna ZENKINA
1993
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Tambov
23/01/2021
article 20.2 § 2 of CAO
fine of RUB 20,000
Tambov Regional Court
01/03/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
3,500
47098/21
16/09/2021
Vladislav Andreyevich LYGIN
1998
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Volgograd
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Volgograd Regional Court
17/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record on 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.
4,000
47146/21
07/09/2021
Stanislav Vladimirovich MERENKOV
1991
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
detention for 10 days
Moscow City Court
18/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 1.20 p.m. on 31/01/2021 and 7.30 p.m. on 01/02/2021;
Art. 6 (1) - lack of impartiality of tribunal in view of the absence of a prosecuting party in both sets of administrative-offence proceedings;
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
5,000
47239/21
16/09/2021
Khasana Aleksandrovna ROKOSSOVSKAYA
2000
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Murmansk
23/01/2021
article 20.2 § 2 of CAO
fine of RUB 10,000
Murmansk Regional Court
09/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 8.00 a.m. on 30/01/2021 and 7.00 p.m. on 01/02/2021;
Art. 6 (1) - lack of impartiality of tribunal in view of the absence of a prosecuting party in both sets of administrative-offence proceedings
4,000
28736/22
24/05/2022
Aleksey Igorevich NEFEDOV
1976
Rally "Free Navalnyy"
Novosibirsk
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Novosibirsk Regional Court
24/11/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 1.20 p.m. and 6.00 p.m. on 31/01/2021,
Art. 6 (1) - lack of impartiality of tribunal in view of the absence of a prosecuting party in both sets of administrative-offence proceedings.
4,000
30801/22
09/06/2022
Gleb Yuryevich LEVOCHKIN
1992
Baranova Nataliya Andreyevna
Moscow
Rally "Free Navalnyy"
Moscow
21/04/2021
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Moscow City Court
09/02/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 7.30 p.m. on 24/02/2021 and 4.00 p.m. on 26/04/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
32624/22
09/06/2022
Anastasiya Georgiyevna TAYNS-KOVALEVSKAYA
1995
Rally "Free Navalnyy"
Moscow
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
09/12/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
3,500
35521/22
29/06/2022
Konstantin Sergeyevich MAKLYAK
1990
Levchenko Aleksey Alekseyevich
Rostov-on-Don
Anti-war rally
Rostov-on-Don
06/03/2022
article 19.3 § 1 of CAO
detention for 15 days
Rostov Regional Court
18/03/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 3.20 p.m. on 06/03/2022 and 8.10 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;
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
5,000
35532/22
29/06/2022
Olesya Igorevna BAKHTIYAROVA
2003
Levchenko Aleksey Alekseyevich
Rostov-on-Don
Anti-war rally
Rostov-on-Don
06/03/2022
article 19.3 § 1 of CAO
detention for 15 days
Rostov Regional Court
10/03/2022
Art. 5 (1) -unlawful detention - escorting to and detention at the police station for compiling an offence record between 3.20 p.m. on 06/03/2022 and 10.00 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;
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
5,000
36163/22
01/07/2022
Tatyana Vladimirovna CHECHETKINA
1991
Kabirov Rushan Rafisovich
Kazan
Anti-war rally
Kazan
27/02/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
27/04/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 4.00 p.m. on 27/02/2022 and the morning of 28/02/2022 when the applicant was transferred to the court;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
36231/22
01/07/2022
Maksim Vladimirovich MURUGIN
1994
Levchenko Aleksey Alekseyevich
Rostov-on-Don
Anti-war rally
Rostov-on-Don
06/03/2022
article 19.3 § 1 of CAO
detention for 15 days
Sverdlovsk Regional Court
18/03/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 6.10 p.m. on 06/03/2022 and the morning of 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;
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
5,000
45186/22
06/09/2022
Vakhtang Anatolyevich PATALAKH
1977
Anti-war rally
Moscow
26/02/2022
article 20.2 § 5 of CAO
fine of RUB 11,000
Moscow City Court
11/05/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 5.40 p.m. and 10.56 p.m. on 26/02/2022;
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.
Full & Egal Universal Law Academy