THIRD SECTION
CASE OF KULVINSKAYA AND OTHERS v. RUSSIA
(Applications nos. 28133/21 and 22 others –
see appended list)
JUDGMENT
STRASBOURG
8 February 2024
This judgment is final but it may be subject to editorial revision.
In the case of Kulvinskaya 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 18 January 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); 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 above findings, 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 complaints 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 8 February 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 charges
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]
28133/21
17/05/2021
Natalya Eduardovna KULVINSKAYA
1961
Anna Yevgenyevna Bochilo
Barnaul
Rally "Free Navalnyy"
Barnaul
23/01/2021
Rally "Free Navalnyy"
Barnaul
21/04/2021
article 20.2 § 6.1 of CAO
article 20.2 § 8 of CAO
fine of RUB 10,000
40 hours of community work
Altai Region Court
17/03/2021
Altai Regional Court
16/06/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings;
Art. 5 (1) - unlawful detention - 1) escorting to and detention at the police station after compiling an offence report from 23/01/2021 until 24/01/2021;
2) escorting to the police station for compiling an offence report on 21/04/2021
4,000
41690/21
29/07/2021
Viktor Aleksandrovich NEMYTOV
1982
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally "Free Navalnyy"
Moscow
02/02/2021
Rally "Free Navalnyy"
Moscow
02/02/2021
Anti-war protest
Moscow
27/02/2022
article 20.2 § 5 of CAO
article 20.2 § 8 of CAO
article 20.2 § 8 of CAO
fine of RUB 10,000
detention of 30 days
detention of 28 days
Moscow City Court
16/04/2021
Moscow City Court
09/02/2021
Moscow City Court
01/03/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of the administrative-offence proceedings;
Art. 5 (1) - unlawful detention - 1) escorting to the police station on 02/02/2021 for compiling an offence report (twice in one day);
2) escorting to and detention at the police station after compiling an offence report from 27/02/2022 until 28/02/2022;
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentences of administrative detention imposed on the applicant (on two occasions) were executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
6,000
50436/21
21/09/2021
Nikolay Mikhaylovich NOVIKOV
1987
Nikolay Sergeyevich Zboroshenko
Mytishchi
Rally "Free Navalnyy"
Moscow
31/01/2021
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
article 20.2 § 5 of CAO
fine of RUB 10,000
fine of RUB 10,000
Moscow City Court
29/06/2021
Moscow City Court
25/05/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 and 02/02/2021 for compiling an offence report;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings
4,000
52681/21
30/09/2021
Svetlana Valeryevna LOZOVSKAYA
1975
Rally "Free Navalnyy"
Ulan-Ude
23/01/2021
Rally "Free Navalnyy"
Ulan-Ude
31/01/2021
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
fine of RUB 15,000
fine of RUB 20,000
Supreme Court of the Buryatia Republic
05/04/2021
Supreme Court of the Buryatia Republic
12/04/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 and 31/01/2021 for compiling offence reports;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings
4,000
54522/21
14/10/2021
Aleksandr Vladimirovich MASLOV
2000
Aleksey Sergeyevich Lapuzin
Samara
Rally "Free Navalnyy"
Samara
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Samara Regional Court
15/04/2021
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
55130/21
15/10/2021
Konstantin Valeryevich NADEIN
1968
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
St Petersburg
23/01/2021
Anti-war protest
St Petersburg
06/03/2022
article 8.6-1 § 2 of St Petersburg Law on Administrative Offences
article 20.2.2. § 1 of CAO
fine of RUB 4,000
detention of 7 days
Oktyabrskiy District Court of St Petersburg
23/06/2021
St Petersburg City Court
07/04/2022
Art. 5 (1) - unlawful detention - 1) escorting to the police station on 23/01/2021 for compiling an offence report;
2) escorting to and detention at the police station after compiling an offence report from 06/03/2022 until 07/03/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the 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
61277/21
01/12/2021
Irina Anatolyevna LEVCHENKO
1964
Ivan Yuryevich Zhdanov
Vilnius
Rally "Free Navalnyy"
Krasnoyarsk
23/01/2021
Rally "Free Navalnyy"
Krasnoyarsk
31/01/2021
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
fine of RUB 10,000
fine of RUB 10,000
Krasnoyarsk Regional Court
08/07/2021
Krasnoyarsk Regional Court
10/06/2021
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 both sets of the administrative-offence proceedings
4,000
22/22
26/11/2021
Yegor Igorevich VASILCHENKO
2001
Aleksey Vladimirovich Bushmakov
Yekaterinburg
Rally "Free Navalnyy"
Yekaterinburg
30/01/2021
article 20.2 § 5 of CAO
20 hours of community work
Sverdlovsk Regional Court
16/06/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 19/02/2021 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
28/22
26/11/2021
Kirill Mikhaylovich GAVRIKOV
1988
Aleksey Vladimirovich Bushmakov
Yekaterinburg
Women’s rights rally
Yekaterinburg
08/03/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Sverdlovsk Regional Court
11/08/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
3,500
34/22
26/11/2021
Aygizar Alfatovich ASFANDIYAROV
1989
Aleksey Vladimirovich Bushmakov
Yekaterinburg
Women’s rights rally
Yekaterinburg
08/03/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Sverdlovsk Regional Court
21/07/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 08/03/2021 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
37/22
26/11/2021
Anna Anatolyevna LUKASHENOK
1990
Aleksey Vladimirovich Bushmakov
Yekaterinburg
Women’s rights rally
Yekaterinburg
08/03/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Sverdlovsk Regional Court
27/07/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
3,500
99/22
07/12/2021
Aleksandra Andreyevna KLEVTSOVA
1987
Yelena Yuryevna Pershakova
Moscow
Rally "Free Navalnyy"
Perm
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Perm Regional Court
08/06/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 28/01/2021 for questioning and 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
279/22
02/12/2021
Mikhail Mikhaylovich BULYGIN
1992
Aleksey Valeryevich Vlasov
Tula
Rally "Free Navalnyy"
Tula
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Tula Regional Court
21/05/2021 (final decision served on the applicant on 02/06/2021)
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
336/22
10/12/2021
Andrey Vladimirovich KRAYEV
1983
Andrey Olegovich Valenkov
Nizhniy Novgorod
Rally "Free Navalnyy"
Nizhniy Novgorod
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 5,000
Nizhniy Novgorod Regional Court
17/06/2021
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
363/22
24/11/2021
Nikita Aleksandrovich VOVK
2000
Viktor Valeryevich Kochenkov
Izhevsk
Rally "Free Navalnyy"
Izhevsk
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Udmurtia Republic
24/05/2021
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
425/22
26/11/2021
Maksim Pavlovich BENEKHIN
1994
Olimpiada Valentinovna Usanova
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
27/05/2021
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
3481/22
14/12/2021
Anna Antonovna ROMANOVA
1995
Daniil Alekseyevich Polyakov
Voronezh
Rally "Free Navalnyy"
Voronezh
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 12,000
Voronezh Regional Court
15/06/2021
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
3506/22
10/12/2021
Arina Andreyevna MAKHMUDOVA
1999
Luiza Magomedovna Magomedova
St Petersburg
Rally "Free Navalnyy"
St Petersburg
31/01/2021
article 20.2.2. § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
15/06/2021
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
3533/22
18/12/2021
Daniil Aleksandrovich IVANOV
1995
Yelena Yuryevna Pershakova
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
21/06/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 02/02/2021 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
37202/22
12/07/2022
Yelizaveta Vadimovna KRUPENINA
1994
Sergey Aleksandrovich Loktev
St Petersburg
Anti-war protest
St Petersburg
26/02/2022
Anti-war protest
St Petersburg
28/02/2022
article 20.2.2. § 1 of CAO
article 20.2.2. § 1 of CAO
fine of RUB 10,000
fine of RUB 10,000
St Petersburg City Court
12/04/2022
St Petersburg City Court
12/06/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings;
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 26/02/2022 until 27/02/2022 and from 28/02/2022 until 01/03/2022
4,000
48484/22
16/09/2022
Oleg Petrovich ORLOV
1953
Irina Aleksandrovna Yatsenko
Moscow
Anti-war protest
Moscow
26/02/2022
Anti-war protest
Moscow
06/03/2022
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
fine of RUB 20,000
fine of RUB 20,000
Moscow City Court
01/07/2022
Moscow City Court
07/07/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 26/02/2022 and 06/03/2022 for compiling an offence report;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings
4,000
48650/22
30/09/2022
Aleksandra Vladislavovna KOZICHEVA
1996
Mariya Sergeyevna Zyryanova
St Petersburg
Anti-war protest
St Petersburg
08/03/2022
article 20.2.2. § 1 of CAO
fine of RUB 10,000
St Petersburg City Court
31/05/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 08/03/2022 until 09/03/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
50123/22
13/10/2022
Aleksandr Anatolyevich STREPETOV
1968
Nataliya Andreyevna Baranova
Moscow
Anti-war protest
St Petersburg
04/03/2022
article 20.2.2. § 1 of CAO
fine of RUB 15,000
St Petersburg City Court
14/06/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 04/03/2022 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
[1] Plus any tax that may be chargeable to the applicants.