FIFTH SECTION
CASE OF GALKIN AND OTHERS v. RUSSIA
(Applications nos. 32406/21 and 17 others –
see appended list)
JUDGMENT
STRASBOURG
16 May 2024
This judgment is final but it may be subject to editorial revision.
In the case of Galkin and Others v. Russia,
The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:
María Elósegui, President,
Mattias Guyomar,
Kateřina Šimáčková, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 18 April 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 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); 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, and Glukhin v. Russia, no. 11519/20, §§ 64-91, 4 July 2023, concerning unjustified processing of the applicant’s personal biometric data by using highly intrusive facial recognition technology in the proceedings under the Code of Administrative Offences, in order to identify, locate and arrest the applicant.
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 the above paragraphs, 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 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 16 May 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina María Elósegui
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 offence
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]
32406/21
09/06/2021
Dmitriy Nikolayevich GALKIN
1987
Shchukin Andrey Yevgenyevich
Nizhniy Tagil
Rally “Free Navalnyy”
Yekaterinburg
31/01/2021
article 20.2 § 5 of CAO
30 hours of community service
Sverdlovsk Regional Court
25/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.05 p.m. until 7.15 p.m. on 31/01/2021
4,000
34085/21
06/06/2021
Sergey Igorevich GULYAYEV
1994
Zubarev Dmitriy Vladimirovich
Vladivostok
Rally “Free Navalnyy”
Vladivostok
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Primorye Regional Court
06/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.40 p.m. until 7 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
36386/21
30/06/2021
Dmitriy Nikolayevich KOSTIKOV
1991
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Kursk
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Kursk Regional Court
29/04/2021
Art. 5 (1) - unlawful deprivation of liberty- escorting to and detention at the police station for the sole purpose of drawing a record of administrative offence from 3.15 p.m. till 7.40 p.m. 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 - 29/04/2021, Kursk Regional Court
4,000
38360/21
02/07/2021
Artem Rinatovich MINGAZIROV
1998
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
22/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 7 p.m. on 31/01/2021 until 00.30 a.m. on 01/02/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
39333/21
22/07/2021
Eldar Kurbanovich ALIYEV
1970
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
detention for 7 days
Moscow City Court
14/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station before and after compiling an offence report from 11.30 p.m. on 02/02/2021 until 4 p.m. on 03/02/2021;
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 - 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
1890/22
21/12/2021
Denis Vladimirovich STEPANOV
1999
Kachanov Roman Yevgenyevich
Yekaterinburg
Rally "Free Navalnyy"
Yekaterinburg
31/01/2021
article 20.2 § 5 of CAO
20 hours of community work
Sverdlovsk Regional Court
22/06/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
3,500
2686/22
09/12/2021
Aleksandra Anatolyevna NOVIKOVA
1985
Mezak Ernest Aleksandrovich
Saint-Barthélemy-d’Anjou
Rally "Free Navalnyy"
Petropavlovsk-Kamchatskiy
23/01/2021
article 20.2 § 2 of CAO
fine of RUB 20,000
Kamchatka Regional Court
09/06/2021
3,500
3415/22
23/12/2021
Sergey Vitalyevich KUBAK
1999
Filatchev Oleg Vladimirovich
Moscow
Rally "Free Navalnyy"
Kaluga
21/04/2021
article 20.2 § 2 of CAO
fine of RUB 15,000
Kaluga Regional Court
25/06/2021
Art. 5 (1) - unlawful deprivation of liberty- escorting to and detention at the police station for compiling an offence report from 7.55 p.m. until 11.55 p.m. on 21/04/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
3632/22
24/12/2021
Denis Andreyevich POZDIN
1990
Bogdashkin Ilya Igorevich
Yekaterinburg
Rally "Free Navalnyy"
Yekaterinburg
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Sverdlovsk Regional Court
16/09/2021
Art. 5 (1) - unlawful deprivation of liberty- detention at the police station without compiling an offence report 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
3808/22
22/12/2021
Sergey Nikolayevich POLOVOY
1974
Vladyka Oksana Anatolyevna
Arkhangelsk
Rally "Free Navalnyy"
Arkhangelsk
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Arkhangelsk Regional Court
16/07/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
3,500
3967/22
27/12/2021
Kirill Aleksandrovich KIRSANOV
1972
Olgerdt Oksana Gennadyevna
Moscow
Rally "Free Navalnyy"
Moscow
03/02/2021
article 20.2 § 6.1 of CAO
detention for 10 days
Moscow City Court
28/06/2021
Art. 5 (1) - unlawful deprivation of liberty- escorting to and detention at the police station after compiling an offence report from 01.10 a.m. until 11.30 p.m. on 03/02/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
5,000
4259/22
30/12/2021
Pavel Vladimirovich MEDVEDEV
1984
Chashchilova Mariya Valeryevna
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
15/07/2021
Art. 5 (1) - unlawful deprivation of liberty- escorting to and detention at the police station for compiling an offence report from 4.05 p.m. until 8.20 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
4344/22
30/12/2021
Danila Viktorovich KORABLIN
1981
Bayeva Aleksandra Nikolayevna
Moscow
Rally "Free Navalnyy"
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
29/07/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
3,500
4592/22
24/12/2021
Yelena Viktorovna LINNIK
1994
Lokhmutov Aleksandr Sergeyevich
Moscow
Rally "Municipal Russia" organised by Open Russia Civic Movement
Moscow
13/03/2021
article 20.33 of CAO
fine of RUB 15,000
Izmaylovskiy District Court of Moscow
29/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 10.30 a.m. until 3 p.m. on 13/03/2021
4,000
5183/22
31/12/2021
Yuliya Yevgenyevna SHEVELEVA
1992
Shchukin Andrey Yevgenyevcich
Nizhniy Tagil
Rally "Free Navalnyy"
Yekaterinburg
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Sverdlovsk Regional Court
08/12/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 8 (2) - restrictions on the right to private life of participants in public assemblies - use of facial recognition technology for the identification of the applicant as a participant of a rally and her subsequent conviction (raised on appeal)
5,000
34223/22
23/06/2022
Pavel Vyacheslavovich KARULIN
1996
Markin Konstantin Aleksandrovich
Velikiy Novgorod
Anti-war protest
Velikiy Novgorod
06/03/2022
article 20.2 § 2 of CAO
20 hours of community service
Novgorod Regional Court
01/04/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station before and after compiling an offence report from 2.20 p.m. on 06/03/2022 until court hearing at 11.40 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
39877/22
29/07/2022
Aleksey Alekseyevich FILATOV
1981
Magomedova Luiza Magomedovna
St Petersburg
Anti-war protest
St Petersburg
27/02/2022
article 20.2 § 2 of CAO
detention for 5 days
St Petersburg City Court
26/04/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station before and after compiling an offence report from 8.40 p.m. on 27/02/2022 until 8.34 a.m. on 28/02/2022;
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
50658/22
24/09/2022
Aleksandr Vladimirovich BLAZHIYEVSKIY
1982
Sozonov Ruslan Vladimirovich
Nizhniy Novgorod
Anti-war protest
Nizhniy Novgorod
24/02/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
25/05/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station before and after compiling an offence report from 7.40 p.m. on 24/02/2022 until 12.40 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.