FIRST SECTION
CASE OF FAYZRAKHMANOV AND OTHERS v. RUSSIA
(Applications nos. 48403/18 and 10 others –
see appended list)
JUDGMENT
STRASBOURG
6 June 2024
This judgment is final but it may be subject to editorial revision.
In the case of Fayzrakhmanov 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 16 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 lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings. They also raised other complaint under the provisions of the Convention and its Protocols.
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, and Pivkina and Others v. Russia (dec.), nos. 2134/23 and 6 others, § 46, 6 June 2023).
ALLEGED VIOLATION OF ARTICLE 6 § 1 of the Convention7. The applicants complained principally of the lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative‑offence proceedings. They relied, expressly or in substance, on Article 6 § 1 of the Convention.
8. The relevant principles of the Court’s case-law concerning the requirement of impartiality under Article 6 § 1 of the Convention can be found in the leading case of Karelin v. Russia (no. 926/08, 20 September 2016). In that case the Court assessed the national rules of administrative procedure and concluded that the statutory requirements allowing for the national judicial authorities to consider an administrative offence case, which falls within the ambit of Article 6 of the Convention under its criminal limb, in the absence of a prosecuting authority were incompatible with the principle of objective impartiality set out in Article 6 of the Convention.
9. 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 on the admissibility and merits of these complaints.
10. These complaints are therefore admissible and disclose a breach of Article 6 § 1 of the Convention.
OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW11. The 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.
12. Having examined all the material before it, the Court concludes that these complaints disclose violations of the Convention and its Protocols in the light of its findings in Elvira Dmitriyeva v. Russia, nos. 60921/17 and 7202/18, §§ 77-90, 30 April 2019, as to administrative conviction for making calls to participate in public assemblies, 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 COMPLAINTS13. 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 10 and 12 above, the Court considers that there is no need to deal separately with these remaining complaints.
APPLICATION OF ARTICLE 41 OF THE CONVENTION14. Regard being had to the documents in its possession and to its case‑law (see, in particular, Kuratov and Others v. Russia [Committee], nos. 24377/15 and 2 others, 22 October 2019), the Court considers 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 6 § 1 of the Convention concerning the lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings 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 these applications disclose a breach of Article 6 § 1 of the Convention with regard to the lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings;Holds that there has been a violation of the Convention and its Protocols 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 6 June 2024, 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 6 § 1 of the Convention
(lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Penalty
Date of final domestic decision
Name of court
Other complaints under
well-established case-law
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant
(in euros)[1]
48403/18
05/10/2018
Mikhail Sergeyevich FAYZRAKHMANOV
1995
Zhdanov Ivan Yuryevich
Vilnius
fine of RUB 10,000
07/05/2018, Zabaykalye Regional Court
Art. 10 (1) - conviction for making calls to participate in public events - calls on the internet (Vkontakte social network) to participate in "Strike of electors" (2018 Presidential elections), conviction under article 20.2 § 1 of the CAO to an administrative fine of RUB 10,000; final decision: Zabaykalye Regional Court, 07/05/2018.
4,000
23626/21
17/04/2021
Tatyana Viktorovna PUSHKINA
1992
Peredruk Aleksandr Dmitriyevich
St Petersburg
fine of RUB 20,000
29/10/2020, Novosibirsk Regional Court
Art. 10 (1) - conviction for making calls to participate in public events - calls on the internet (Telegram messenger) to participate in solo picketing in support of the Khabarovsk Region Governor, Mr S. Furgal; conviction under article 20.2 § 2 of the CAO to an administrative fine of RUB 20,000; final decision: Novosibirsk Regional Court, 29/10/2020.
4,000
40304/21
30/07/2021
Sofya Sergeyevna LOPATINA
1997
Zhdanov Ivan Yuryevich
Vilnius
administrative detention for 8 days,
administrative detention for 10 days,
administrative detention for 30 days
03/02/2021, Kurgan Regional Court (under art. 20.2 § 2)
06/05/2021, Kurgan Regional Court (under art. 19.3 § 1)
06/05/2021,
Kurgan Regional Court (under art. 20.2 § 8)
Art. 10 (1) - conviction for making calls to participate in public events - calls on the internet (Vkontakte social network) to participate in a rally in support of Mr A. Navalnyy, on 23/01/2021; conviction under art. 20.2 § 2 of the CAO to 8 days of administrative detention; final decision: Kurgan Regional Court, 03/02/2021.
5,000
41578/21
03/08/2021
Kseniya Vladislavovna FADEYEVA
1992
Zhdanov Ivan Yuryevich
Vilnius
fine of RUB 25,000
12/02/2021, Tomsk Regional Court
Art. 10 (1) - conviction for making calls to participate in public events - calls on the internet (Vkontakte social network) to participate in an unauthorised rally in support of Mr A. Navalnyy on 23/01/2021; conviction under article 20.2 § 2 of the CAO to an administrative fine of RUB 25,000; final decision: Tomsk Regional Court, 12/02/2021.
4,000
42544/21
27/07/2021
Sergey Vladimirovich SERGEYEV
1988
Glukhov Aleksey Vladimirovich
Novocheboksarsk
administrative detention of 7 days
28/01/2021, Ulyanovsk Regional Court
Art. 10 (1) - conviction for making calls to participate in public events - repost of a call for participation in a rally in Ulyanovsk in support of Mr A. Navalnyy, on the internet (Vkontakte social network); conviction under article 20.2 § 2 of the CAO to administrative detention of 7 days; final decision: Ulyanovsk Regional Court, 28/01/2021,
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.
4,000
42738/21
12/08/2021
Kirill Viktorovich UKRAINTSEV
1990
Polyakova Veronika Valeryevna
Moscow
administrative detention of 5 days
12/02/2021, Moscow City Court
Art. 10 (1) - conviction for making calls to participate in public events - repost of a call on the internet (Vkontakte social network) for participation in a demonstration near a district court in Moscow on 11/01/2021; conviction under article 20.2 § 2 of the CAO to administrative detention of 5 days; final decision: Moscow City Court, 12/02/2021.
4,000
43689/21
17/08/2021
Anastasiya Viktorovna GLEBOVA
1994
Pomazuyev Aleksandr Yevgenyevich
Vilnius
fine of RUB 25,000
11/03/2021, Vologda Regional Court
Art. 10 (1) - conviction for making calls to participate in public events - calls (distribution of leaflets) to participate in manifestation in support of Mr A. Navalnyy in Cherepovets on 23/01/2021; conviction under article 20.2 § 2 of the CAO to administrative fine of RUB 25,000; final decision: Vologda Regional Court, 11/03/2021.
4,000
54892/21
12/10/2021
Sergey Dmitriyevich BELIKOV
1987
Mezak Ernest Aleksandrovich
Saint-Barthélemy-d’Anjou
fine of RUB 10,000
14/04/2021, Supreme Court of the Komi Republic
Art. 10 (1) - conviction for making calls to participate in public events - calls on the internet (Vkontakte social network) to participate in an unauthorised rally in support of Mr A. Navalnyy on 23/01/2021; conviction under article 20.2 § 2 of the CAO to an administrative fine of RUB 10,000; final decision: Supreme Court of the Komi Republic, 14/04/2021.
4,000
6129/22
06/01/2022
Vladimir Mikhaylovich KOTOV
1990
Mezak Ernest Aleksandrovich
Saint-Barthélemy-d’Anjou
fine of RUB 20,000
08/07/2021, Arkhangelsk Regional Court
Art. 10 (1) - conviction for making calls to participate in public events - calls on the internet (Vkontakte social network) to participate in an unauthorised rally in support of Mr A. Navalnyy on 21/04/2021; conviction under article 20.2 § 2 of the CAO to an administrative fine of RUB 20,000; final decision: Arkhangelsk Regional Court, 08/07/2021.
4,000
14411/22
10/03/2022
Denis Igorevich SHENDEROVICH
1977
Bochilo Anna Yevgenyevna
Barnaul
fine of RUB 25,000
27/10/2021, Moscow City Court
Art. 10 (1) - conviction for making calls to participate in public events - calls on the internet (Instagram social network) to participate in an unauthorised rally in support of Mr A. Navalnyy on 23/01/2021; conviction under article 20.2 § 2 of the CAO to an administrative fine of RUB 25,000; final decision: Moscow City Court, 27/10/2021.
4,000
25798/22
11/05/2022
Anna Stanislavovna DULEVSKAYA
1991
Mikhaylova Varvara Dmitriyevna
St Petersburg
fine of RUB 20,000
15/11/2021, Moscow City Court
Art. 10 (1) - conviction for making calls to participate in public events - calls on the internet (Facebook) to participate in an unauthorised rally on 21/04/2021 in support of Mr A. Navalnyy; conviction under article 20.2 § 2 of the CAO to an administrative fine of RUB 20,000; final decision: Moscow City Court, 15/11/2021.
4,000
[1] Plus any tax that may be chargeable to the applicants.