THIRD SECTION
CASE OF MAKARENKO AND OTHERS v. RUSSIA
(Applications nos. 33808/21 and 32 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 Makarenko 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. 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); 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 in paragraphs 9‑11 and 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 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 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 per applicant
(in euros)[1]
33808/21
03/06/2021
Pavel Vladimirovich MAKARENKO
1978
Sabinin Andrey Vasilyevich
Stavropol
Rally "Free Navalnyy"
Pyatigorsk
31/01/2021
article 20.2.2 § 1 of CAO
detention for 1 day
Stavropol Regional Court
24/03/2021
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,
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1 p.m. on 31/01/2021 until 01/02/2021, when the applicant was taken to the court.
4,000
36964/21
16/07/2021
Yelisey Vyacheslavovich GULYAYEV
2002
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Chelyabinsk
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Chelyabinsk Regional Court
14/04/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
3,500
38113/21
20/07/2021
Richard Roman KING
1986
Pomazuyev Aleksandr Yevgenyevich
Vilnius
Rally "Free Navalnyy"
Omsk
23/01/2021
article 20.2 § 8 of CAO
detention for 15 days
Omsk Regional Court
27/01/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
5,000
39237/21
28/07/2021
Pavel Sergeyevich BASARGIN
1978
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Chelyabinsk
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Chelyabinsk Regional Court
31/03/2021
3,500
42660/21
11/06/2021
Darya Eduardovna MALGINOVA
1997
Nurgaleyev Danil Ilnurovich
Kazan
Rally "Free Navalnyy"
Kazan
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
24/02/2021
3,500
42691/21
11/08/2021
Denis Vadimovich VOLKOV
1993
Nurgaleyev Danil Ilnurovich
Kazan
Rally "Free Navalnyy"
Kazan
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
10/03/2021
3,500
42736/21
03/08/2021
Aleksey Gennadyevich BELAVIN
1986
Rally "Free Navalnyy"
Samara
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Samara Regional Court
13/05/2021
3,500
42961/21
17/08/2021
Aleksey Aleksandrovich PETRENKO
1989
Pomazuyev Aleksandr Yevgenyevich
Vilnius
Rally "Free Navalnyy"
Khabarovsk
23/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Khabarovsk Regional Court
09/03/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
3,500
43005/21
23/08/2021
Valentin Nikolayevich KUZNETSOV
1944
Zhdanov Ivan Yuryevich
Vilnius
Rally "Free Navalnyy"
Omsk
23/01/2021
article 20.2 § 8 of CAO
fine of RUB 75,000
Omsk Regional Court
09/03/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
4,300
43006/21
18/08/2021
Anastasiya Yuryevna FEDCHUK
2002
Pomazuyev Aleksandr Yevgenyevich
Vilnius
Rally "Free Navalnyy"
Tomsk
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Tomsk Regional Court
19/03/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - raised on appeal.
3,500
43072/21
18/08/2021
Yaroslav Feliksovich SAVIN
1982
Pomazuyev Aleksandr Yevgenyevich
Moscow
Rally "Free Navalnyy"
Astrakhan
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Astrakhan Regional Court
05/03/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
3,500
43498/21
18/08/2021
Danila Borisovich CHUMAKOV
2002
Pershakova Yelena Yuryevna
Moscow
Rally "Free Navalnyy"
Magnitogorsk
23/01/2021
article 20.2 § 2 of CAO
50 hours of community work
Chelyabinsk Regional Court
31/03/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
3,500
45066/21
18/08/2021
Mikhail Valentinovich FROLOV
1976
Pomazuyev Aleksandr Yevgenyevich
Vilnius
Rally "Free Navalnyy"
Omsk
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Omsk Regional Court
09/03/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
3,500
47052/21
15/09/2021
Vyacheslav Viktorovich SHCHERBININ
1985
Pomazuyev Aleksandr Yevgenyevich
Vilnius
Rally "Free Navalnyy"
Tomsk
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Tomsk Regional Court
26/03/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
3,500
49680/21
17/09/2021
Sergey Ekhtibarovich SHICHKIN
1988
Mezak Ernest Aleksandrovich
Saint-Barthélemy-d’Anjou
Rally "Free Navalnyy"
Ukhta
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Komi Republic
17/03/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
3,500
51757/21
30/09/2021
Natalya Stepanovna KHOLOPOVA
1954
Mezak Ernest Aleksandrovich
Saint-Barthélemy-d’Anjou
Rally "Free Navalnyy"
Syktyvkar
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Komi Republic
31/03/2021
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 for compiling an offence report on 31/01/2021
4,000
51794/21
30/09/2021
Ivan Sergeyevich ISAKOV
1993
Mezak Ernest Aleksandrovich
Saint-Barthélemy-d’Anjou
Rally "Free Navalnyy"
Syktyvkar
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Komi Republic
31/03/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
3,500
51975/21
15/10/2021
Vladislav Valeryevich BENDER
2003
Pershakova Yelena Yuryevna
Moscow
Rally "Free Navalnyy"
Perm
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Perm 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
53298/21
07/10/2021
Aleksey Valeryevich NIKOLAYEV
1979
Mezak Ernest Aleksandrovich
Saint-Barthélemy-d’Anjou
Rally "Free Navalnyy"
Petropavlovsk-Kamchatskiy
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Kamchatka 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
3,500
53300/21
07/10/2021
Galina Gennadyevna VURDOVA
1968
Mezak Ernest Aleksandrovich
Saint-Barthélemy-d’Anjou
Rally "Free Navalnyy"
Syktyvkar
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Komi 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
53463/21
11/10/2021
Dmitriy Nikolayevich OSIPOV
1979
Mezak Ernest Aleksandrovich
Saint-Barthélemy-d’Anjou
Rally "Free Navalnyy"
Syktyvkar
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 5,000
Supreme Court of the Komi Republic
15/09/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
3,500
53468/21
11/10/2021
Mariya Gennadyevna DMITRIYEVA
1997
Mezak Ernest Aleksandrovich
Saint-Barthélemy-d’Anjou
Rally "Free Navalnyy"
Syktyvkar
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 5,000
Supreme Court of the Komi Republic
26/05/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
3,500
54442/21
27/10/2021
Pavel Nikolayevich BALOV
1994
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Nizhniy Novgorod
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
12/05/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
3,500
54782/21
10/10/2021
Anastasiya Sergeyevna NAZAROVA
2000
Tkachenko Nikita Nikolayevich
Belgorod
Rally "Free Navalnyy"
Belgorod
21/04/2021
article 20.2 § 5 of CAO
20 hours of community work
Belgorod Regional Court
02/08/2021
3,500
54784/21
10/10/2021
Yegor Sergeyevich KOZLITIN
2000
Tkachenko Nikita Nikolayevich
Belgorod
Rally "Free Navalnyy"
Belgorod
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Belgorod Regional Court
12/04/2021
3,500
55238/21
18/10/2021
Kirill Anatolyevich IZMALKOV
1979
Mezak Ernest Aleksandrovich
Saint-Barthélemy-d’Anjou
Rally "Free Navalnyy"
Syktyvkar
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Komi Republic
26/05/2021
3,500
56647/21
20/10/2021
Darya Vladimirovna ZELENAYA
1997
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City 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
56867/21
15/11/2021
Firuza Rustamovna SAMIYEVA
1992
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
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,
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 11.20 p.m. on 02/02/2021 until 5 p.m. on 03/02/2021
4,000
56870/21
15/11/2021
Andrey Vitalyevich KRIKUN
2001
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
19/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.40 a.m. until 8 p.m. 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
57256/21
15/11/2021
Zabava Rodionovna VOLKOVA
1988
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
St Petersburg
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 10,000
St Petersburg City Court
18/05/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
3,500
57388/21
08/11/2021
Yegor Alekseyevich DOMOZHIROV
1994
Kulikov Sergey Sergeyevich
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
12/05/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
3,500
57594/21
10/11/2021
Anastasiya Mikhaylovna CHUBAROVA
1994
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
11/05/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
3,500
23794/23
29/05/2023
Yegor Igorevich PODLESNYY
1996
Bochilo Anna Yevgenyevna
Barnaul
Anti-war protest
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
13/02/2023
3,500
[1] Plus any tax that may be chargeable to the applicants.