FIFTH SECTION
CASE OF MEDVEDEV AND OTHERS v. RUSSIA
(Applications nos. 38642/21 and 18 others –
see appended list)
JUDGMENT
STRASBOURG
16 May 2024
This judgment is final but it may be subject to editorial revision.
In the case of Medvedev and Others v. Russia,
The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:
María Elósegui, President,
Mattias Guyomar,
Kateřina Šimáčková, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 18 April 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 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 16 May 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina María Elósegui
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]
38642/21
15/07/2021
Artem Mikhaylovich MEDVEDEV
1989
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
detention for 5 days
Moscow City Court
10/02/2021
Art. 5 (1) - unlawful detention - detention in the police van between 12.27 p.m. and 2:25 p.m. on 31/01/2021, escorting to and detention at the police station for compiling an offence record between 2:25 p.m. 31/01/2021 and 3:00 p.m. on 01/02/2021,
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
44708/21
12/08/2021
Vladimir Olegovich SEREBRYAKOV
1994
Glukhov Aleksey Vladimirovich
Novocheboksarsk
Rally "Free Navalnyy"
Cheboksary
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Chuvashia Republic
06/05/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
3,500
47075/21
07/09/2021
Aleksandr Arkadyevich STURCHAK
1987
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
detention for 7 days
Moscow City Court
12/03/2021
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 12:25 p.m. on 31/01/2021 and 3:00 p.m. on 01/02/2021,
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
60623/21
06/12/2021
Andrey Vladimirovich PRYTKOV
1979
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Tumen
23/01/2021
Rally "Free Navalnyy"
Tumen
31/01/2021
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
fine of RUB 15,000
fine of RUB 17,000
Tyumen Regional Court
14/07/2021
Tyumen Regional Court
07/06/2021
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 31/01/2021),
3,500
61338/21
03/12/2021
Aleksandr Aleksandrovich ROMANENKO
1991
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
23/01/2021
Rally "Free Navalnyy"
Moscow
21/04/2021
article 20.2 § 5 of CAO
article 20.2 § 6.1 of CAO
fine of RUB 10,000
fine of RUB 10,000
Moscow City Court
23/06/2021
Moscow City Court
01/10/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between:
3:00 p.m. on 23/01/2021 and 11:10 p.m. on 23/01/2021; 4:30 p.m. on 25/04/2021 (4 days after the participation in the rally) and 11:00 p.m. on 26/04/2021,
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 23/01/2021 and 21/04/2021)
4,000
61724/21
10/12/2021
Nikita Leonidovich IGONIN
2000
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Nizhniy Novgorod
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 5,000
Nizhniy Novgorod Regional Court
21/07/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 12:20 p.m. and 9:45 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
8381/22
25/01/2022
Vladislav Igorevich BELYAYEV
2000
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
27/07/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record and detention there between 5:40 p.m. and 8:55 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
8420/22
25/01/2022
Dmitriy Andreyevich ILYIN
1998
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
detention for 6 days
Moscow City Court
29/07/2021
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 5:00 p.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,
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
8441/22
12/01/2022
Miroslav Vladlenovich BUYNOV
1996
Polyakov Daniil Alekseyevich
Voronezh
Rally "Free Navalnyy"
Voronezh
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Voronezh Regional Court
12/07/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
3,500
8472/22
25/01/2022
Ivan Ilyich DOROFEYEV
1999
Memorial Human Rights Centre
Moscow
Meeting with a candidate running for parliamentary elections
Moscow
26/07/2021
article 19.3 § 1 of CAO
detention for 5 days
Moscow City Court
30/07/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 7:34 p.m. on 26/07/2021 and 3:30 p.m. on 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,
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
8475/22
25/01/2022
Viktor Petrovich KOCHKIN
1995
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Moscow City Court
11/08/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 12:25 p.m. on 31/01/2021 and 0:30 a.m. on 01/02/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
8499/22
14/01/2022
Pavel Andreyevich SAUTKIN
2000
Usanova Olimpiada Valentinovna
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
15/07/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 12:25 p.m. and 11:00 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
8805/22
22/01/2022
Roman Rinatovich MIFTAKHUTDINOV
2003
Pershakova Yelena Yuryevna
Moscow
Rally "Free Navalnyy"
Krasnoyarsk
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Krasnoyarsk Regional Court
22/07/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 6:10 p.m. and 10:30 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
4,000
9460/22
31/01/2022
Mikhail Dmitriyevich MOROZOV
2001
Pershakova Yelena Yuryevna
Moscow
Rally "Free Navalnyy"
Krasnoyarsk
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 12,000
Krasnoyarsk Regional Court
27/10/2021
Art. 5 (1) - unlawful detention - escorting to 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
11442/22
01/02/2022
Ilya Daniilovich STEPANOV
1998
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow`
02/02/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
03/08/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 11:10 a.m. and 5:30 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
11567/22
28/01/2022
Renat Maratovich KHAKIMOV
1999
Dubrovina Marina Alekseyevna
Novorossiysk
Rally "Free Navalnyy"
Krasnodar
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Krasnodar Regional Court
04/10/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings -
3,500
12287/22
24/02/2022
Shukrullo Nurulloyevich ALIMOV
1988
Prosvirkina Kseniya Dmitriyevna
Moscow
Rally to support Izzat Amon
Moscow
02/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
27/08/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 11:15 a.m. and 8:50 p.m. on 02/04/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
4,000
13893/22
28/02/2022
Roman Sergeyevich KURLYKIN
1988
Prosvirkina Kseniya Dmitriyevna
Moscow
Rally "Free Navalnyy"
Voronezh
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Voronezh Regional Court
31/08/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 7:35 p.m. on 21/04/2021 and 0:30 a.m. on 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
4,000
30525/22
22/02/2022
David Vladimirovich SHESTAKOV
1989
Prosvirkina Kseniya Dmitriyevna
Moscow
Rally "Free Navalnyy"
Voronezh
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Voronezh Regional Court
24/08/2021
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
[1] Plus any tax that may be chargeable to the applicants.