THIRD SECTION
CASE OF KOROTITSKIY AND OTHERS v. RUSSIA
(Applications nos. 40328/21 and 19 others –
see appended list)
JUDGMENT
STRASBOURG
4 July 2024
This judgment is final but it may be subject to editorial revision.
In the case of Korotitskiy 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 30 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. They 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 Articles 5, 6 and 13 of the Convention concerning other aspects of their deprivation of liberty and fairness of the administrative-offence proceedings. In view of the findings in paragraphs 7-13 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 under Articles 5 and 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 4 July 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]
40328/21
30/07/2021
Yuriy Yuryevich KOROTITSKIY
1995
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
23/01/2021
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 5 of CAO
article 20.2 § 6.1 of CAO
fine of RUB 15,000
detention for 13 days
Moscow City Court
25/05/2021
Moscow City Court
05/02/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 6:00 p.m. on 23/01/2021 and 1:00 a.m. on 24/01/2021 detention in the police van between 11:45 p.m. on 02/02/2021 and 1:00 a.m. on 03/02/2021; escorting to and detention at the police station for compiling an offence record between 1:00 a.m. on 03/02/2021 and 10:00 a.m. on 04/02/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of administrative proceedings (concerning the events of 23/01/2021 and 02/02/2021)
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
5,000
44511/21
17/08/2021
Damir Radikovich ISMAGILOV
1999
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 8 of CAO
detention for 15 days
Moscow City Court
17/02/2021
Art. 5 (1) - unlawful detention - detention in the police van between 10:00 p.m. and 11:30 p.m. on 02/02/2021;
escorting to and detention at the police station for compiling an offence record between 11:30 p.m. on 02/02/2021 and 7:00 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, in both sets of 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
49912/21
28/09/2021
Yegor Vladimirovich SPIRIDONOV
1997
Markin Konstantin Aleksandrovich
Velikiy Novgorod
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
detention for 10 days
Moscow City Court
30/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 11:30 p.m. on 02/02/2021 and 7:00 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
51192/21
17/09/2021
Igor Sergeyevich CHERVONNYY
1969
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
18/03/2021
Art. 5 (1) - unlawful deprivation of liberty - escorting to and detention at the police station for compiling an offence record between 2:00 p.m. and 10:40 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
51264/21
08/10/2021
Yaroslav Gelyevich KAZEYEV
1982
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of
RUB 15,000
Moscow City Court
29/07/2021
Art. 5 (1) - unlawful detention - arrest at 11:00 a.m. on 02/02/2021 and detention in the police van for 3 hours, escorting to the police station for compiling an offence record on 02/02/2021 detention there until 5:00 p.m.;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
5,000
51385/21
30/09/2021
Ivan Viktorovich LUZIN
1981
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Kaliningrad
31/01/2021
Rally "Free Navalnyy"
Kaliningrad
21/04/2021
article 20.2 § 5 of CAO
article 20.2 § 8 of CAO
fine of
RUB 15,000
detention for 21 days
Kaliningrad Regional Court
06/04/2021
Kaliningrad Regional Court
30/04/2021
Art. 10 (1) - disproportionate measures against solo demonstrators - 21/08/2020 / Kaliningrad / solo protest in support of Navalnyy / Article 20.2 § 5 of CAO / fine of RUB 10,000 / Kaliningrad Regional Court / 30/03/2021;
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between: 1:00 p.m. and 4:50 p.m. on 31/01/2021; 7:45 p.m. on 21/04/2021 and 2:30 p.m. 22/04/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - (in connection with events of 21/04/2021)
5,000
51400/21
08/10/2021
Vladimir Viktorovich MURZIN
1969
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Tambov
23/01/2021
article 20.2 § 5 of CAO
fine of
RUB 20,000
Tambov Regional Court
12/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 12:45 p.m. and 4:55 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
4,000
51438/21
08/10/2021
Irakliy Vakhtangovich BOGIYEV
1993
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
Rally "Free Navalnyy"
Moscow
21/04/2021
article 20.2 § 5 of CAO
article 20.2 § 8 of CAO
fine of
RUB 10,000
fine of
RUB 15,000
Moscow City Court
10/02/2021
Moscow City Court
25/08/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 5:10 p.m. on 31/01/2021 and 2:30 a.m. on 01/02/2021; detention at the police station (where the applicant came upon insistence of a local police officer) for compiling an offence record between 9:30 a.m. and 1:30 p.m. on 12/05/2021 in connection with his participation in the rally 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 - in both sets of administrative proceedings (concerning the events of 31/01/2021 and 21/04/2021);
Art. 8 (2) - restrictions on the right to private life of participants in public assemblies - The applicant complained about the videorecording of his participating in the rally on 21/04/2021, facial recognition technique, storing and using those records against him in the administrative proceedings.
4,000
51469/21
08/10/2021
Aleksandr Pavlovich VASIN
1998
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Penza
23/01/2021
Rally "Free Navalnyy"
Penza
31/01/2021
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
20 hours of community work
30 hours of community work
Penza Regional Court
08/04/2021
Penza Regional Court
15/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 1:30 p.m. and 6:30 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 - in both administrative cases (concerning the events of 23/01/2021 and 31/01/2021)
4,000
53954/21
18/10/2021
Andrey Sergeyevich YEGOROV
1984
Martynova Tatyana Georgiyevna
Pskov
Rally "Free Navalnyy"
Pskov
31/01/2021
article 20.2 § 5 of CAO
fine of
RUB 12,000
Pskov City Court
19/04/2021
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
53963/21
18/10/2021
Aleksey Vladimirovich MALOV
1978
Martynova Tatyana Georgiyevna
Pskov
Rally "Free Navalnyy"
Pskov
31/01/2021
article 20.2 § 5 of CAO
fine of
RUB 15,000
Pskov Regional Court
17/05/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record 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
3,500
54829/21
28/10/2021
Yevgeniy Yevgenyevich CHESHKIN
1981
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Perm
31/01/2021
Rally "Free Navalnyy"
Perm
21/04/2021
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
fine of
RUB 10,000
fine of
RUB 10,000
Perm Regional Court
09/06/2021
Perm Regional Court
02/08/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 1:00 p.m. and 6:20 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 - in both sets of administrative proceedings (in connection with events of 31/01/2021 and 21/04/2021)
4,000
55885/21
29/10/2021
Viktor Vladimirovich KUZNETSOV
1997
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Kazan
31/01/2021
article 20.2 § 2 of CAO
fine of
RUB 10,000
Supreme Court of the Republic of Tatarstan
12/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 12:40 p.m. on 31/01/2021 and 3:50 p.m. on 01/02/2021
4,000
59667/21
17/11/2021
Dmitriy Lvovich PYLKIN
1972
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
St Petersburg
31/01/2021
Anti-war rally
St Petersburg
25/02/2022
article 20.2.2 § 1 of CAO
article 20.2.2 § 4 of CAO
fine of
RUB 15,000
detention for 20 days
St Petersburg City Court
18/05/2021
St Petersburg City Court
01/03/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 2:23 p.m. on 31/01/2021 and 2:30 a.m. on 01/02/2021 and 7:35 p.m. on 25/02/2022 and 1:30 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 - in both sets of administrative proceedings (in connection with events of 31/01/2021 and 21/04/2021)
5,000
59896/21
24/11/2021
Grigoriy Grigoryevich TREFILOV
2002
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
Rally "Free Navalnyy"
Moscow
21/04/2021
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
fine of
RUB 10,000
fine of
RUB 20,000
Moscow City Court
17/06/2021
Moscow City Court
23/08/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 4:30 p.m. and 11:30 p.m. on 31/01/2021 and between 8:00 a.m. and 1:30 p.m. on 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 - in both sets of administrative proceedings (in connection with events of 31/01/2021 and 21/04/2021)
4,000
12425/22
09/02/2022
Yegor Vladimirovich SPIRIDONOV
1997
Markin Konstantin Aleksandrovich
Velikiy Novgorod
Rally "Free Navalnyy"
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
25/08/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 3:32 p.m. and 11:30 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
none, in the light of the award made in 49912/21
(see above)
20448/22
07/03/2022
Kirill Rishatovich CHURAKOV
1997
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
29/09/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 7:15 p.m. and 11:00 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
4,000
24873/22
23/03/2022
Alina Anatolyevna PONOMAREVA
1975
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Voronezh
31/01/2021
article 20.2 § 5 of CAO
fine of
RUB 5,000
Voronezh Regional Court
30/09/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 2:30 p.m. and 9:30 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
28253/22
26/05/2022
Yaroslav Gelyevich KAZEYEV
1982
Baranova Natalya Andreyevna
Moscow
Anti-war rally
Moscow
13/03/2022
article 20.2 § 8 of CAO
detention for 20 days
Moscow City Court
21/03/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 3:30 p.m. on 13/03/2022 and 3:00 p.m. on 14/03/2022,
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
none, in the light of award made in application no. 51264/21
(see above)
36221/22
11/07/2022
Damir Radikovich ISMAGILOV
1999
Baranova Natalya Andreyevna
Moscow
Anti-war rally
Moscow
06/03/2022
article 20.2 § 8 of CAO
detention for 15 days
Moscow City Court
11/03/2022
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
none, in the light of award made in application no. 44511/21 (see above)
[1] Plus any tax that may be chargeable to the applicants.