FIRST SECTION
CASE OF MOCHALOV AND OTHERS v. RUSSIA
(Applications nos. 73383/17 and 17 others –
see appended list)
JUDGMENT
STRASBOURG
6 June 2024
This judgment is final but it may be subject to editorial revision.
In the case of Mochalov and Others v. Russia,
The European Court of Human Rights (First Section), sitting as a Committee composed of:
Lətif Hüseynov, President,
Ivana Jelić,
Erik Wennerström, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 16 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 lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings. 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 6 § 1 of the Convention7. The applicants complained of the lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings. They relied, expressly or in substance, on Article 6 § 1 of the Convention.
8. The relevant principles of the Court’s case-law concerning the requirement of impartiality under Article 6 § 1 of the Convention can be found in the leading case of Karelin v. Russia (no. 926/08, §§ 51-57, 20 September 2016, with further references). In that case the Court assessed the national rules of administrative procedure and concluded that the statutory requirement allowing for the national judicial authorities to consider an administrative offence which falls within the ambit of Article 6 of the Convention under its criminal limb, in the absence of a prosecuting authority, was incompatible with the principle of objective impartiality set out in Article 6 of the Convention.
9. 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 on the admissibility and merits of these complaints.
10. These complaints are therefore admissible and disclose a breach of Article 6 § 1 of the Convention.
OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW11. Some applicants submitted other complaints which also raised issues under 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. Having examined all the material before it, the Court concludes that they also disclose violations of the Convention in the light of its findings in Elvira Dmitriyeva v. Russia, nos. 60921/17 and 7202/18, §§ 77-90, 30 April 2019, as to administrative conviction for making calls to participate in public assemblies; Bouton v. France, no. 22636/19, §§ 42-68, 13 October 2022 and Tatár and Fáber v. Hungary, nos. 26005/08 and 26160/08, §§ 36‑42, 12 June 2012, concerning restrictions on public performance as an avenue for political expression; 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 COMPLAINTS12. 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 paragraph 10 above, the Court considers that there is no need to deal separately with these remaining complaints.
APPLICATION OF ARTICLE 41 OF THE CONVENTION13. Regard being had to the documents in its possession and to its case‑law (see, in particular, Kuratov and Others v. Russia [Committee], nos. 24377/15 and 2 others, 22 October 2019, and, mutatis mutandis, Navalnyy and Others v. Russia [Committee], nos. 25809/17 and 14 others, § 22, 4 October 2022), the Court considers 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 6 § 1 of the Convention concerning the absence of the prosecuting party from the administrative offence proceedings 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 under Article 6 of the Convention;Holds that these applications disclose a breach of Article 6 § 1 of the Convention concerning the lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings;Holds that there has been a violation of the Convention and its Protocols 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 6 June 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Lətif Hüseynov
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention
(lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Penalty
Date of final domestic decision
Name of court
Other complaints under
well-established case-law
Amount awarded for pecuniary and non‑pecuniary damage and costs and expenses per applicant
(in euros)[1]
73383/17
05/10/2017
Pavel Valeryevich MOCHALOV
1998
Glukhov Aleksey Vladimirovich
Novocheboksarsk
administrative fine of RUB 10,000
20/07/2017, Supreme Court of the Chuvashia Republic
Art. 10 (1) - various restrictions on the right to freedom of expression - the applicant together with three other persons was convicted under Article 20.2 § 2 of the CAO for publicly displaying a banner "You will not kill everyone, you will not imprison everyone" accompanied by lighting flares at the bridge in Cheboksary on 25/02/2017, fined RUB 10,000; final decision taken by the Supreme Court of Chuvashia Republic on 20/07/2017.
4,000
11807/20
13/02/2020
Anna Mikhaylovna BALTINA
1979
Ruchko Irina Yuryevna
Yekaterinburg
administrative fine of RUB 20,000
13/08/2019, Sverdlovsk Regional Court
Art. 10 (1) - conviction for making calls to participate in public events - protest against construction of the cathedral on 13/05/2019 in Yekaterinburg, convicted under Article 20.2 § 2 of CAO, fined RUB 20,000, final decision taken by the Sverdlovsk Regional Court on 13/08/2019.
4,000
41802/21
05/08/2021
Sergey Andreyevich BOYKO
1983
Zhdanov Ivan Yuryevich
Vilnius
administrative detention for 28 days
09/02/2021, Novosibirsk Regional Court
Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 23/01/2021 in Novosibirsk, convicted under Article 20.2 § 8 of CAO, sentenced to 28-day detention, final decision taken by the Novosibirsk Regional Court on 09/02/2021.
5,000
43010/21
09/08/2021
Eseniya Vladimirovna SHERSTOBAYEVA
2001
Zhdanov Ivan Yuryevich
Vilnius
community work
for 30 hours
03/03/2021, Supreme Court of the Karelia Republic
Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 31/01/2021 in various Russian cities, convicted under Article 20.2 § 2 of CAO, sentenced to community work for 30 hours, final decision taken by the Supreme Court of the Karelia Republic on 03/03/2021.
4,000
43762/21
23/08/2021
Vyacheslav Vladimirovich BURMISTROV
1960
Pomazuyev Aleksandr Yevgenyevich
Vilnius
administrative fine of RUB 25,000
10/03/2021, Nizhniy Novgorod Regional Court
Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 23/01/2021 in Nizhniy Novgorod, convicted under Article 20.2 § 2 of CAO, fined RUB 25,000, final decision taken by the Nizhniy Novgorod Regional Court on 10/03/2021.
4,000
48304/21
09/09/2021
Anastasiya Yuryevna YEVDOKIMOVA
2001
Markin Konstantin Aleksandrovich
Velikiy Novgorod
community work for 30 hours
11/03/2021, Novgorod Regional Court
Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 31/01/2021 in Velikiy Novgorod, convicted under Article 20.2 § 2 of CAO, sentenced to community work for 30 hours, final decision taken by the Novgorod Regional Court on 11/03/2021.
4,000
50155/21
23/09/2021
Anastasiya Pavlovna PANCHENKO
1994
Vertegel Feliks Yevgenyevich
Krasnodar
administrative detention for 10 days
24/03/2021, Krasnodar Regional Court
Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 23/01/2021 in Krasnodar, convicted under Article 20.2 § 2 of CAO, sentenced to 10-days’ detention, final decision taken by the Krasnodar Regional Court on 24/03/2021;
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
54544/21
13/10/2021
Vladimir Ivanovich TOLCHENNIKOV
1987
Mezak Ernest Aleksandrovich
Saint-Barthélemy-d’Anjou
administrative fine of RUB 10,000
14/04/2021, Supreme Court of the Komi Republic
Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 23/01/2021 in Syktyvkar, convicted under Article 20.2 § 2 of CAO, fined RUB 10,000, final decision taken by the Supreme Court of the Komi Republic on 14/04/2021.
4,000
57954/21
15/11/2021
Fedor Yuryevich REGUZOV
1999
Miropoltsev Dmitriy Dmitriyevich
Kaltan
administrative fine of RUB 22,000
02/06/2021, Kemerovo Regional Court
Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 23/01/2021 in Novokuznetsk, convicted under Article 20.2 § 2 of CAO, fine of RUB 22,000, final decision taken by the Kemerovo Regional Court on 02/06/2021.
4,000
58265/21
27/11/2021
Viktor Anatolyevich SHISHKIN
1987
Zhdanov Ivan Yuryevich
Vilnius
administrative fine of RUB 20,000
27/07/2021,
Murmansk Regional Court
Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 21/04/2021 in Polyarnyye Zori, convicted under Article 20.2 § 2 of CAO, fined RUB 20,000, final decision taken by the Murmansk Regional Court on 27/07/2021.
4,000
58858/21
27/11/2021
Oksana Vladimirovna MIKHAYLICHENKO
1986
Zhdanov Ivan Yuryevich
Vilnius
administrative fine of RUB 10,000
15/07/2021, Penza Regional Court
Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 21/04/2021 in Penza, convicted under Article 20.2 § 2 of CAO, fined RUB 10,000, final decision taken by the Penza Regional Court on 15/07/2021.
4,000
58989/21
27/11/2021
Yuriy Valentinovich KUZNETSOV
1960
Zhdanov Ivan Yuryevich
Vilnius
administrative fine of RUB 20,000
10/06/2021, Supreme Court of the Mordovia Republic
Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 21/04/2021 in Saransk, convicted under Article 20.2 § 2 of CAO, fined RUB 20,000, final decision taken by the Supreme Court of the Mordovia Republic on 10/06/2021.
4,000
59993/21
03/12/2021
Anton Yevgenyevich KOSTIN
1995
Zhdanov Ivan Yuryevich
Vilnius
administrative fine of RUB 20,000
16/06/2021, Nizhniy Novgorod Regional Court
Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 31/01/2021 in Nizhniy Novgorod, convicted under Article 20.2 § 2 of CAO, fined RUB 20,000, final decision taken by the Nizhniy Novgorod Regional Court on 16/06/2021.
4,000
3546/22
22/12/2021
Anastasiya Vladimirovna YEMELYANOVA
1984
Memorial Human Rights Centre
Moscow
administrative fine of RUB 75,000
22/06/2021, Supreme Court of the Kabardino-Balkaria Republic
Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 23/01/2021 in Prokhladnyy, convicted under Article 20.2 § 8 of CAO, fined RUB 75,000, final decision taken by the Supreme Court of the Kabardino-Balkaria Republic on 22/06/2021.
4,900
5288/22
25/12/2021
Yelena Leonidovna RUSAKOVA
1962
Rybin Aleksey Vladimirovich
Moscow
administrative fine of RUB 150,000
13/09/2021, Moscow City Court
2,700
7224/22
15/01/2022
Yelena Yuryevna LASHTABEGA
1988
Memorial Human Rights Centre
Moscow
administrative fine of RUB 20,000
16/07/2021, Novosibirsk Regional Court
Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 21/04/2021 in Novosibirsk, convicted under Article 20.2 § 2 of CAO, fined RUB 20,000, final decision taken by the Novosibirsk Regional Court 16/07/2021.
4,000
8026/22
22/12/2021
Anton Eduardovich DOROFEYEV
1987
administrative detention for 10 days
22/06/2021, Kaliningrad Regional Court
Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 21/04/2021 in Kaliningrad, convicted under Article 20.2 § 2 of the CAO, sentenced to 10-days’ detention, final decision taken by the Kaliningrad Regional Court on 22/06/2021.
5,000
8692/23
05/12/2022
Larisa Viktorovna PAREVA
1965
Administrative fine of RUB 20,000
11/08/2022, Moscow City Court
Art. 10 (1) - conviction for making calls to participate in public events –
(1) rally against Russia’s military attack on Ukraine on 24/02/2022 in various Russian cities, convicted under Article 20.2 § 2 of CAO, fined RUB 20,000, final decision taken by the Moscow City Court on 11/08/2022;
(2) rally against Russia’s military attack on Ukraine on 09/05/2022 in Moscow, convicted under Article 20.2 § 2 of CAO, fined RUB 20,000, final decision taken by the Moscow City Court on 03/10/2022.
4,000
[1] Plus any tax that may be chargeable to the applicants.