FIRST SECTION
CASE OF NIKOLSKIY AND OTHERS v. RUSSIA
(Applications nos. 51348/21 and 22 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 Nikolskiy 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 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. The 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.
13. Having examined all the material before it, the Court concludes that these complaints also disclose violations of the Convention in the light of its findings in 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 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.
REMAINING COMPLAINTS14. Some applicants raised further additional complaints under Article 6 of the Convention concerning the 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 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 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]
51348/21
18/09/2021
Nikita Georgiyevich NIKOLSKIY
2001
Zboroshenko Nikolay Sergeyevich
Mytishchi
Manifestation in support of Navalnyy
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Moscow City Court
08/04/2021
Art. 5 (1) - unlawful detention - arrest and detention on 02/02/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 08/04/2021
4,000
51392/21
08/10/2021
Maksim Sergeyevich TEMERBAYEV
2002
Memorial Human Rights Centre
Moscow
Manifestation in support of Navalnyy
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
11/05/2021
Art. 5 (1) - unlawful detention - arrest and detention from 10 a.m. to 4 p.m. on 02/02/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 11/05/2021
4,000
54177/21
27/10/2021
Darya Alekseyevna OBRAZTSOVA
1999
Nazarov Ilya Yulyevich
Moscow
Manifestation in support of Navalnyy
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
fine of RUB 15,000
Moscow City Court
28/04/2021
Art. 5 (1) - unlawful detention - arrest and detention from 11 p.m. on 02/02/2021 to 9 a.m. on 03/02/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 28/04/2021
4,000
54186/21
19/10/2021
Yuriy Vladimirovich GURALSKIY
1983
Karavayev Aleksandr Yevgenyevich
Nizhniy Novgorod
Manifestation in support of Navalnyy
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
detention of 8 days
Moscow City Court
20/04/2021
Art. 5 (1) - unlawful detention - arrest and detention from 12 p.m. on 02/02/2021 to 5.30 p.m. on 03/02/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 20/04/2021
5,000
55318/21
23/10/2021
Vladislava Denisovna LEONOVA
1999
Zboroshenko Nikolay Sergeyevich
Mytishchi
Manifestation in support of Navalnyy
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
03/06/2021
Art. 5 (1) - unlawful detention - arrest and detention on 31/01/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 03/06/2021
4,000
55382/21
26/10/2021
Anar Khazar Ogly DZHAFAROV
1997
Aksenova Darya Dmitriyevna
Kolomna
Manifestation in support of Navalnyy
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
26/04/2021
Art. 5 (1) - unlawful detention - arrest and detention on 02/02/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 26/04/2021
4,000
56355/21
15/11/2021
Kirill Aleksandrovich STEPANOV
1996
Zhdanov Ivan Yuryevich
Vilnius
Manifestation in support of Navalnyy
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
fine of RUB 15,000
Moscow City Court
25/05/2021
Art. 5 (1) - unlawful detention - arrest and detention from 11.45 p.m. on 02/02/2021 to 03/02/2021 until the court hearing for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 25/05/2021
4,000
56850/21
26/10/2021
Gleb Andreyevich IVANOV
1994
Aksenova Darya Dmitriyevna
Kolomna
Manifestation in support of Navalnyy
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Moscow City Court
19/05/2021
Art. 5 (1) - unlawful detention - arrest and detention from 2.58 p.m. on 31/01/2021 to 2.30 a.m. on 01/02/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 19/05/2021
4,000
57152/21
29/10/2021
Ruslan Gennadyevich VERNYY
1987
Zboroshenko Nikolay Sergeyevich
Mytishchi
Manifestation
in support of
Navalnyy
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
19/05/2021
Art. 5 (1) - unlawful detention - arrest and detention on 23/01/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 19/05/2021
4,000
57162/21
29/10/2021
Tatyana Vladimirovna KUZMINA
2000
Zboroshenko Nikolay Sergeyevich
Mytishchi
Manifestation
in support of
Navalnyy
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
detention of 10 days
Moscow City Court
07/06/2021
Art. 5 (1) - unlawful detention - arrest and detention from 1 a.m. on 02/02/2021 to 11.05 a.m. on 03/02/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 07/06/2021
5,000
57165/21
29/10/2021
Natalya Sergeyevna NIKOLSKAYA
1979
Zboroshenko Nikolay Sergeyevich
Mytishchi
Manifestation in support of Navalnyy
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
fine of RUB 20,000
Moscow City Court
25/05/2021
Art. 5 (1) - unlawful detention - arrest and detention on 02/02/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 25/05/2021
4,000
57350/21
08/11/2021
Anton Dmitriyevich CHECHIN
1998
Bochilo Anna Yevgenyevna
Barnaul
Manifestation in support of Navalnyy
Barnaul
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Altay Regional Court
04/08/2021
Art. 5 (1) - unlawful detention - arrest and detention on 21/04/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Altay Regional Court, 04/08/2021
4,000
57679/21
07/11/2021
Zulol Zafariddinovich DAVRONOV
1988
Zboroshenko Nikolay Sergeyevich
Mytishchi
Manifestation in support of Izzat Amono
Moscow
02/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
13/07/2021
Art. 5 (1) - unlawful detention - arrest and detention on 02/04/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 13/07/2021
4,000
57681/21
07/11/2021
Kosim Khudoydoyevich NAZAROV
1986
Zboroshenko Nikolay Sergeyevich
Mytishchi
Manifestation in support of Izzat Amono
Moscow
02/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
13/07/2021
Art. 5 (1) - unlawful detention - arrest and detention on 02/04/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 13/07/2021
4,000
57682/21
07/11/2021
Fayzullo DALERDZHONI
1992
Zboroshenko Nikolay Sergeyevich
Mytishchi
Manifestation in support of Izzat Amono
Moscow
02/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
13/07/2021
Art. 5 (1) - unlawful detention - arrest and detention on 02/04/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 13/07/2021
4,000
57686/21
07/11/2021
Abdunabi Mirzosharifovich TAVAROV
1972
Zboroshenko Nikolay Sergeyevich
Mytishchi
Manifestation in support of Izzat Amono
Moscow
02/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
13/07/2021
Art. 5 (1) - unlawful detention - arrest and detention on 02/04/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 13/07/2021
4,000
57691/21
07/11/2021
Bakhrom Abdurazykovich KHOLIKOV
1982
Zboroshenko Nikolay Sergeyevich
Mytishchi
Manifestation in support of Izzat Amono
Moscow
02/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
13/07/2021
Art. 5 (1) - unlawful detention - arrest and detention on 02/04/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 13/07/2021
4,000
57694/21
07/11/2021
Muboriz Abdumachidovich SHARIFOV
2000
Zboroshenko Nikolay Sergeyevich
Mytishchi
Manifestation in support of Izzat Amono
Moscow
02/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
13/07/2021
Art. 5 (1) - unlawful detention - arrest and detention on 02/04/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 13/07/2021
4,000
59042/21
27/11/2021
Timofey Pavlovich TARANOV
1993
Zhdanov Ivan Yuryevich
Vilnius
Manifestation in support of Navalnyy
Saratov
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Saratov Regional Court
04/06/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Saratov Regional Court, 04/06/2021
3,500
59216/21
01/12/2021
Sergey Yuryevich FONOV
1996
Manifestation in support of Navalnyy
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
01/06/2021
Art. 5 (1) - unlawful detention - arrest and detention from 12.43 p.m. to 10 p.m. on 31/01/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 01/06/2021
4,000
59920/21
16/11/2021
Anton Sergeyevich MAKAROV
1997
Manifestation in support of Navalnyy
Nizhniy Novgorod
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
19/05/2021
Art. 5 (1) - unlawful detention - arrest and detention from 1.34 p.m. to 8.20 p.m. on 31/01/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Nizhniy Novgorod Regional Court, 19/05/2021
4,000
443/22
04/12/2021
Mikhail Aleksandrovich IVANOV
2000
Gilmanov Mansur Idrisovich
Podolsk
Manifestation in support of political prisoners
Moscow
04/11/2020
article 20.2 § 6.1 of CAO
fine of RUB 20,000
Moscow City Court
07/06/2021
Art. 5 (1) - unlawful detention - arrest and detention from 2.25 p.m. to 9 p.m. on 04/11/2020 for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 07/06/2021
4,000
916/22
01/12/2021
Maksim Anatolyevich AVDEYEV
1995
Aksenova Darya Dmitriyevna
Kolomna
Manifestation in support of Navalnyy
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
09/06/2021
Art. 5 (1) - unlawful detention - arrest and detention on 31/01/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court, 09/06/2021
4,000
[1] Plus any tax that may be chargeable to the applicants.