THIRD SECTION
CASE OF KANYGIN AND OTHERS v. RUSSIA
(Applications nos. 49997/21 and 20 others –
see appended list)
JUDGMENT
STRASBOURG
21 March 2024
This judgment is final but it may be subject to editorial revision.
In the case of Kanygin 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 22 February 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 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 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 21 March 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 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]
49997/21
27/09/2021
Yuriy Alekseyevich KANYGIN
1989
Martynova Tatyana Georgiyevna
Pskov
Rally "Free Navalnyy"
Pskov
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 12,000
Pskov Regional Court
29/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
51121/21
01/10/2021
Yekaterina Aleksandrovna SHISHKOVA
2002
Sirosh Fedor Yevgenyevich
Moscow
Rally "Free Navalnyy"
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
02/04/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceeding;
Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 for compiling an offence report
4,000
51123/21
01/10/2021
Kirill Filippovich BLEKVARD
1990
Sirosh Fedor Yevgenyevich
Moscow
Rally "Free Navalnyy"
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 16,000
Moscow City Court
02/04/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 for compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
51125/21
01/10/2021
Artur Petrovich ZHDANOV
1987
Sirosh Fedor Yevgenyevich
Moscow
Rally "Free Navalnyy"
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
02/04/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 for compiling an offence report
4,000
52346/21
01/10/2021
Anna Sergeyevna POPKOVA
2000
Nurgaleyev Danil Ilnurovich
Kazan
Rally "Free Navalnyy"
Kazan
31/01/2021
article 20.2
§ 6.1 of CAO
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
07/04/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
3,500
52349/21
01/10/2021
Alevtina Feliksovna SYNTINA
1999
Nurgaleyev Danil Ilnurovich
Kazan
Rally "Free Navalnyy"
Kazan
31/01/2021
article 20.2
§ 6.1 of CAO
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
05/05/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
3,500
53270/21
06/10/2021
Nikita Igorevich FIRSOV
1990
Zinovyev Konstantin Mikhaylovich
Nizhniy Novgorod
Rally "Free Navalnyy"
Dzerzhinsk
31/01/2021
article 20.2 § 2 of CAO
fine of RUB 25,000
Nizhniy Novgorod Regional Court
07/04/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 12.30 p.m. until 7.45 p.m. on 31/01/2021
4,000
53288/21
07/10/2021
Nikita Alekseyevich MITROFANOV
1995
Usanova Olimpiada Valentinovna
Nizhniy Novgorod
Rally "Free 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. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 12.40 p.m. on 31/01/2021 until 1.30 p.m. on 01/02/2021
4,000
54360/21
20/10/2021
Dmitriy Sergeyevich TELESHENKO
1993
Dimitriyev Dmitriy Sergeyevich
Orenburg
Rally "Free Navalnyy"
Orenburg
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Orenburg Regional Court
20/04/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
3,500
55444/21
08/11/2021
Stepan Viktorovich BOCHKAREV
1977
Eysmont Mariya Olegovna
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2
§ 6.1 of CAO
detention for 5 days
Moscow City Court
17/05/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
5,000
55450/21
08/11/2021
Polina Alekseyevna KURILO
1995
Eysmont Mariya Olegovna
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2
§ 6.1 of CAO
fine of RUB 10,000
Moscow City Court
19/05/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
3,500
55842/21
27/10/2021
Ioanna Vladimirovna MAYATSKAYA
2002
Polyakov Daniil Alekseyevich
Voronezh
Rally "Free Navalnyy"
Voronezh
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Voronezh Regional Court
28/04/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
,
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report
4,000
55861/21
28/10/2021
Pavel Vasilyevich STEPANOV
1983
Kosnyrev Vladislav Vladimirovich
Syktyvkar
Rally "Free Navalnyy"
Syktyvkar
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Komi Supreme Court
28/04/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
3,500
55956/21
27/10/2021
Asya Fedorovna SHULBAYEVA
1957
Pryanishnikov Aleksey Aleksandrovich
Tomsk
Rally "Free Navalnyy"
Tomsk
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Tomsk Regional Court
02/07/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 21/04/2021 for compiling an offence report
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
55978/21
04/11/2021
Aleksey Olegovich YELDASHEV
1996
Mikhaylova Varvara Dmitriyevna
St Petersburg
Rally "Free Navalnyy"
Kazan
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
05/05/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 for compiling an offence report
4,000
56413/21
23/10/2021
Mikhail Andreyevich VORONCHIKHIN
1989
Popkov Aleksandr Vasilyevich
Sochi
Rally "Free Navalnyy"
Sochi
23/01/2021
article 20.2
§ 6.1 of CAO
fine of RUB 10,000
Krasnodar Regional Court
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;
Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 for compiling an offence report
4,000
56651/21
23/10/2021
Sergey Vyacheslavovich MITROFANOV
1995
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Voronezh
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 12,000
Voronezh Regional Court
28/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 2.20 p.m. until 7.50 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
56922/21
29/10/2021
Nikolay Vladimirovich MESHCHANOV
1989
Vasilyev Aleksey Alekseyevich
Moscow
Rally "Free Navalnyy"
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
28/04/2021
(the full text of the decision received several days later)
Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 for compiling an offence report;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
56926/21
28/10/2021
Kristina Vyacheslavovna NUDNER
1996
Vasilyev Aleksey Alekseyevich
Moscow
Rally "Free Navalnyy"
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
28/04/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 for compiling an offence report
4,000
57395/21
08/11/2021
Roman Igorevich KLIMOV
1986
Kapishnikov Vladimir Sergeyevich
Orel
Rally "Free Navalnyy"
Orel
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Orel Regional Court
30/07/2021
3,500
57399/21
14/11/2021
Khurshed Akhmedovich AMINOV
1988
Eysmont Mariya Olegovna
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2
§ 6.1 of CAO
fine of RUB 10,000
Moscow City Court
19/05/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report
4,000
[1] Plus any tax that may be chargeable to the applicants.