SECOND SECTION
CASE OF KOROLKOVA AND OTHERS v. RUSSIA
(Applications nos. 44630/21 and 26 others –
see appended list)
JUDGMENT
STRASBOURG
14 March 2024
This judgment is final but it may be subject to editorial revision.
In the case of Korolkova and Others v. Russia,
The European Court of Human Rights (Second Section), sitting as a Committee composed of:
Lorraine Schembri Orland, President,
Frédéric Krenc,
Davor Derenčinović, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 15 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. They also raised other complaints under the provisions of the Convention and Protocols to it.
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, and having taken into account the issue of compliance with the six-month time-limit under Article 35 § 1 of the Convention (see Saakashvili v. Georgia (dec.), nos. 6232/20 and 22394/20, §§ 46-59, 1 March 2022, in which the Court addressed the COVID-related extension of the period in question), 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 Article 2 of Protocol no. 7 to 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 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); Lashmankin and Others v. Russia, nos. 57818/09 and 14 others, §§ 402-78, 7 February 2017, regarding restrictions on location or time of public events; 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 the Convention. In view of the findings in paragraph 13 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 of the applicants;Holds that these applications disclose a breach of Article 11 of the Convention;Holds that there has been a violation of the Convention and of Article 2 of Protocol no. 7 to it 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 March 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Lorraine Schembri Orland
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 charges
Penalty
Final domestic decision
Court Name
Date
Other complaints under well-established case-law
Amount awarded for pecuniary and non-pecuniary damage per applicant
(in euros)[1]
44630/21
24/08/2021
Lyubov Aleksandrovna KOROLKOVA
1986
Solovyev Stanislav Vyacheslavovich
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
02/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling administrative offence record and detention at the police station between 4.30 p.m. and 10:30 p.m. on 31/01/2021 - detained for more than three hours after the offence record was drawn up, without any justification,
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.
4,000
44981/21
03/09/2021
Sergey Aleksandrovich MIKHAYLOV
1992
Zhdanov Ivan Yuryevich
Vilnius
Rally "Free Navalnyy"
Kazan
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of Tatarstan
17/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 1.30 p.m. on 31/01/2021 and 01/02/2021
4,000
45026/21
25/08/2021
Anna Anatolyevna MALYGINA
1985
Shchukin Andrey Yevgenyevcich
Nizhniy Tagil
Opposition rally
Yekaterinburg
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Sverdlovsk Regional Court
14/07/2021
Art. 5 (1) – unlawful detention - the applicant was detained for more than three hours after the administrative offence record was drawn up, without any justification (between noon on 31/01/2021 and 3.30 p.m. on the same day),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
45027/21
24/08/2021
Nikita Dmitriyevich BOROVKOV
1989
Zboroshenko Nikolay Sergeyevich
Mytishchi
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
30/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling administrative 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
45028/21
03/09/2021
Dmitriy Vladimirovich PICHUGIN
1966
Pomazuyev Aleksandr Yevgenyevich
Vilnius
Rally "Free Navalnyy"
Kurgan
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Kurgan Regional Court
15/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling administrative 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
45030/21
24/08/2021
Kirill Aleksandrovich LITVINOV
1982
Zboroshenko Nikolay Sergeyevich
Mytishchi
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
30/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling administrative 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
45031/21
24/08/2021
Dmitriy Nikolayevich PARKHOMENKO
1990
Zboroshenko Nikolay Sergeyevich
Mytishchi
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
30/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling administrative 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
45035/21
24/08/2021
Vadim Valeryevich PILYUGIN
1979
Zboroshenko Nikolay Sergeyevich
Mytishchi
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
30/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling administrative 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
45036/21
03/09/2021
Vladimir Vyacheslavovich NIKOLAYEV
1962
Pomazuyev Aleksandr Yevgenyevich
Moscow
Rally "Free Navalnyy"
Tumen
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Tumen Regional Court
17/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 29/01/2021 (six days after the protest action) for compiling administrative 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
45039/21
03/09/2021
Kirill Georgiyevich REPIN
1998
Pomazuyev Aleksandr Yevgenyevich
Moscow
Rally "Free Navalnyy"
Ulyanovsk
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Ulyanovsk Regional Court
18/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling administrative 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
45129/21
17/08/2021
Daniel KRSTEVSKI
1997
Zboroshenko Nikolay Sergeyevich
Mytishchi
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
26/04/2021
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
45156/21
17/08/2021
Dmitriy Vyacheslavovich NEKLYUDOV
1986
Zboroshenko Nikolay Sergeyevich
Mytishchi
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
26/04/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record on 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
45170/21
20/08/2021
Semen Aleksandrovich KOMARCHEV
2000
Tevosov Georgiy Eduardovich
Moscow
Meeting of "Open Russia" movement
Moscow
13/03/2021
article 20.33 of CAO
fine of RUB 15,000
Moscow City Court
21/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 10.30 a.m. and about 4.00 p.m. on 13/03/2021
4,000
45180/21
17/08/2021
Yegor Alekseyevich ISAYEV
1988
Zboroshenko Nikolay Sergeyevich
Mytishchi
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
16/04/2021
Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station for compiling an offence record on 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
45245/21
26/08/2021
Vasiliy Aleksandrovich DMITRIYEV
2000
Pomazuyev Aleksandr Yevgenyevich
Vilnius
Rally "Free Navalnyy"
Kurgan
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Kurgan Regional Court
16/03/2021
Art. 5 (1) - unlawful deprivation of liberty - 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
26106/22
04/05/2022
Damir Filaritovich BIKMETOV
1967
Tiunov Sergey Yuryevich
Yekaterinburg
Opposition rally
Yekaterinburg
11/09/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Sverdlovsk Regional Court
08/12/2021
Art. 5 (1) - unlawful detention - escorting to and detention for compiling an offence record on 11/09/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 6 (1) - and Art. 6 (3) (c) - unfair criminal proceedings due to lack of legal representation - lawyer not allowed in the hearing
4,000
33761/22
06/07/2022
Vladimir Nikolayevich BORETS
1972
Preobrazhenskaya Oksana Vladimirovna
Strasbourg
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 14.30 p.m. on 06/03/2022 and 9.00 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
34153/22
06/07/2022
Ivan Amiranovich ARCHVADZE
1992
Preobrazhenskaya Oksana Vladimirovna
Strasbourg
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 4:00 p.m. on 06/03/2022 and 6:45 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
35626/22
05/07/2022
Dmitriy Aleksandrovich ROZHKOV
1987
Tiunov Sergey Yuryevich
Yekaterinburg
Anti-war rally
Yekaterinburg
24/02/2022
article 20.2 § 2 of CAO
detention for 9 days
Sverdlovsk Regional Court
05/03/2022
Art. 5 (1) – unlawful detention - escorting to and detention at the police station for compiling an offence record between 4.55 p.m. on 24/02/2022 and 1.10 p.m. on 25/02/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
5,000
37485/22
10/07/2022
Aleksandr Andreyevich VALOV
1995
Anti-war rally
St Petersburg
27/02/2022
article 20.2.2 § 1 of CAO
detention for 10 days
St Petersburg City Court
10/03/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 27/02/2022 for compiling administrative offence record and detention between 5.30 p.m. on 27/02/2022 and 4.00 p.m. on 01/03/2022,
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
39217/22
27/07/2022
Darya Nikolayevna YEMELYANOVA
2002
Anti-war rally
St Petersburg
27/02/2022
article 20.2.2 § 1 of CAO
fine of RUB 15,000
St Petersburg City Court
29/03/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 6.00 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
40943/22
07/08/2022
Yevgeniya Aleksandrovna NISHTA
2003
Zaytsev Roman Olegovich
Volgograd
Anti-war rally
Volgograd
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Volgograd Regional Court
09/04/2022
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 for compiling an offence record on 06/03/2022;
4,000
44070/22
19/08/2022
Valeriya Anatolyevna GAVRILOVA
2001
Zaytsev Roman Olegovich
Volgograd
Anti-war rally
Volgograd
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Volgograd Regional Court
19/04/2022
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record on 06/03/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
44623/22
20/08/2022
Valeriya Sergeyevna SABLUKOVA
2001
Anti-war rally
Nizhniy Novgorod
06/03/2022
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
21/04/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 3.10 p.m. on 06/03/2022 and 1.20 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
4,000
45173/22
27/08/2022
Maryana Alekseyevna SAMOKHVALOVA
1995
Anti-war rally
St Petersburg
03/03/2022
article 20.2.2 § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
28/04/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 8.05 p.m. on 03/03/2022 and 6:30 p.m. on 04/03/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
45174/22
05/09/2022
Ivan Aleksandrovich PESTEREV
2001
Yermilova Natalya Pavlovna
Yekaterinburg
Anti-war rally
Yekaterinburg
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 15,000
Sverdlovsk Regional Court
29/06/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 2.10 p.m. and 9.00 p.m. on 06/03/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
45195/22
03/09/2022
Denis Andreyevich KONVISAREV
2002
Anti-war rally
Moscow
27/02/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
11/07/2022
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 for compiling an offence record between 7.45 p.m. on 27/02/2022 and 0.38 a.m. on 28/02/2022
4,000
[1] Plus any tax that may be chargeable to the applicants.