FIRST SECTION
CASE OF KELLER AND OTHERS v. RUSSIA
(Applications nos. 57352/21 and 18 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 Keller 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 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); Glukhin v. Russia, no. 11519/20, 4 July 2023, concerning use of facial recognition technology by police; Novikova and Others v. Russia, nos. 25501/07 and 4 others, 26 April 2016, concerning disproportionate measures against solo demonstrators; 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 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 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 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 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 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]
57352/21
08/11/2021
Vladislav Igorevich KELLER
2001
Bochilo Anna Yevgenyevna
Barnaul
Rally "Free Navalnyy"
Barnaul
21/04/2021
article 20.2 § 2 of CAO
30 hours of community work
Altay Regional Court
14/07/2021
Art. 10 (1) - conviction for making calls to participate in public events - calls to participate in anti-war rally made on social network Telegram / 25/02/2022 / Article 20.2. § 8 / Altay Regional Court, 12/05/2022 / detention for 2 days,
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 (in the proceedings concerning the events of 25/02/2022)
5,000
60739/21
03/12/2021
Nikolay Aleksandrovich GORELOV
1985
Bontsler Mariya Vladimirovna
Kaliningrad
Rally "Free Navalnyy"
Kaliningrad
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 12,000
Kaliningrad Regional Court
19/10/2021
3,500
8581/22
27/01/2022
Yuliya Olegovna KONSTANTINOVA
1985
Vasin Vladimir Valeryevich
Krasnoyarsk
Opposition rally
Krasnoyarsk
21/06/2020
article 20.2 § 5 of CAO
fine of RUB 10,000
Krasnoyarsk Regional 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
9465/22
21/01/2022
Aleksey Nikolayevich GRISHIN
1981
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Tambov
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Tambov Regional Court
21/07/2021
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 - facial recognition and identification of the applicant
5,000
10659/22
04/02/2022
Lyudmila Nikolayevna KALINYCHEVA
1954
Sozonov Ruslan Vladimirovich
Nizhniy Novgorod
Rally "Free Navalnyy"
Nizhniy Novgorod
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
04/08/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between noon 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
10831/22
10/02/2022
Yevdokiya Konstantinovna KALYAKINA
1962
Valenkov Andrey Olegovich
Nizhniy Novgorod
Rally "Free Navalnyy"
Nizhniy Novgorod
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
11/08/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between noon and 6.50 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
11000/22
03/02/2022
Daniil Stanislavovich USTINOV
1999
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
05/02/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
19/08/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 1.30 p.m. and 8.00 p.m. on 05/02/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
13905/22
28/02/2022
Fedor Sergeyevich DANSHIN
2002
Prosvirkina Kseniya Dmitriyevna
Moscow
Rally "Free Navalnyy"
Belgorod
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Belgorod Regional Court
30/08/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record 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
22143/22
25/03/2022
Aleksandr Sergeyevich FIRSOV
1983
Rally "Free Navalnyy"
Moscow
02/02/2021
Rally "Free Navalnyy"
Moscow
21/04/2021
Anti-war rally
Moscow
24/02/2022
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
article 20.2 § 8 of CAO
fine of RUB 10,000
fine of RUB 15,000
detention for 16 days
Moscow City Court
15/12/2021
Moscow City Court
11/10/2021
Moscow City Court
17/03/2022
Art. 5 (1) - unlawful detention - escorting to and the detention at the police station for compiling an offence record between: noon and 8.30 p.m. on 02/02/2021; at 6.40 p.m. on 24/02/2022 and at 4.30 p.m. on 03/03/2022; escorting to the police station on 27/04/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in all three sets of administrative proceedings (concerning the events of 02/02/2021; 21/04/2021; 24/02/2022),
Art. 8 (2) - restrictions on the right to private life of participants in public assemblies - use of photo and video materials made by police during the rally to identify and charge the applicant with an administrative offence (in connection with events of 21/04/2021),
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the 30-day 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, whereas the appeal court changed his sentence to 16-days’ detention.
6,000
33197/22
06/06/2022
Nataliya Yuryevna GORDO
1967
Bushmakov Aleksey Vladimirovich
Yekaterinburg
Anti-war rally
Yekaterinburg
24/02/2022
article 20.2 § 2 of CAO
fine of RUB 30,000
Sverdlovsk Regional Court
28/04/2022
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record on 24/02/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings -
4,000
33199/22
06/06/2022
Yelizaveta Viktorovna PALKINA
1997
Bushmakov Aleksey Vladimirovich
Yekaterinburg
Anti-war rally
Yekaterinburg
26/02/2022
article 20.2 § 5 of CAO
30 hours of community work
Sverdlovsk Regional Court
27/04/2022
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record 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
33201/22
06/06/2022
Aleksandra Andreyevna KRYLOVA
2002
Bushmakov Aleksey Vladimirovich
Yekaterinburg
Anti-war rally
Yekaterinburg
24/02/2022
article 20.2 § 5 of CAO
fine of RUB 15,000
Sverdlovsk Regional Court
27/04/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record on 24/02/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
33209/22
06/06/2022
Yevgeniy Igorevich UFIMTSEV
1998
Bushmakov Aleksey Vladimirovich
Yekaterinburg
Anti-war rally
Yekaterinburg
03/03/2022
article 20.2 § 5 of CAO
30 hours of community work
Sverdlovsk Regional Court
27/04/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record on 03/03/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
34099/22
20/06/2022
Yegor Nikolayevich YERMAKOV
1995
Podolskiy Sergey Viktorovich
St Petersburg
Anti-war rally
St Petersburg
06/03/2022
article 20.2
§ 6.1 of CAO
detention for 2 days
St Petersburg City Court
24/03/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 1.50 pm. on 06/03/2022 and 1.15 p.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
41097/22
12/08/2022
Andrey Anatolyevich ISAKOV
1959
Kosnyrev Vladislav Vladimirovich
Syktyvkar
Anti-war rally
Syktyvkar
24/02/2022
article 20.2 § 8 of CAO
detention for 10 days
Supreme Court of the Republic of Komi
13/04/2022
Art. 5 (1) - unlawful detention - detention on 24/02/2022, detention at the police station for compiling an offence record between 02/03/2022 and 03/03/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
5,000
43380/22
18/08/2022
Sergey Aleksandrovich KURKOV
1986
Baranova Natalya Andreyevna
Moscow
Anti-war rally
St Petersburg
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
St Petersburg City Court
19/04/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 5.00 p.m. on 06/03/2022 and 3.00 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
4,000
32409/23
01/08/2023
Yuliya Dmitriyevna TOKAREVA
2000
Yermilova Natalya Pavlovna
Yekaterinburg
Anti-war rally
Yekaterinburg
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Sverdlovsk Regional Court
12/04/2023
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 2.00 p.m. and 9.00 p.m. on 06/03/2022
4,000
33055/23
16/08/2023
Diana Vladimirovna KOZHEVINA
1994
Anti-war rally
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
17/04/2023
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 2.50 p.m. and 8.40 p.m. on 06/03/2022
4,000
33429/23
01/05/2021
Ilya Valentinovich POTEMKIN
1988
Zboroshenko Nikolay Sergeyevich
Mytishchi
Rally "Free Navalnyy"
Moscow
23/01/2021
article 20.2 § 6.1 of CAO
detention for 10 days
Moscow City Court
29/01/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record on 23/01/2021; detention at the police station between 23/01/2021 and 25/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
5,000
[1] Plus any tax that may be chargeable to the applicants.