FIRST SECTION
CASE OF OBLASOVA AND OTHERS v. RUSSIA
(Applications nos. 23295/21 and 22 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 Oblasova 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 13 June 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 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 the applicants’ complaints 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 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 charges
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]
23295/21
14/04/2021
Tatyana Yuryevna OBLASOVA
1972
Pomazuyev Aleksandr Yevgenyevich
Vilnius
Rally in support of A. Navalnyy
Kurgan
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Kurgan Regional Court
15/03/2021
Art. 5 (1) - unlawful detention - arrest and detention on 31/01/2021 for the sole purpose of drawing up a record of administrative offence,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
23489/21
12/04/2021
Igor Yevgenyevich PROKOPYEV
1997
Pomazuyev Aleksandr Yevgenyevich
Vilnius
Rally in support of A. Navalnyy
Kurgan
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Kurgan Regional Court
16/03/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 23/01/2021 for the sole purpose of drawing up a record of administrative offence,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
23817/21
14/04/2021
Vladimir Sergeyevich SAVICHEV
2002
Pomazuyev Aleksandr Yevgenyevich
Vilnius
Rally in support of A. Navalnyy
Balakovo, Saratov Region
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Saratov Region 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
3,500
23866/21
20/04/2021
Aleksandr Vyacheslavovich FADEYEV
1987
Shchukin Andrey Yevgenyevcich
Nizhniy Tagil
Rally in support of political prisoners
Yekaterinburg
31/01/2021
article 20.2 § 5 of CAO
community work of 30 hours
Sverdlovsk Regional Court
31/03/2021
Art. 5 (1) – unlawful detention - arrest, escorting to a police station and detention on 31/01/2021 for the sole purpose of drawing up a record of administrative offence,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
24155/21
16/04/2021
Denis Sergeyevich BASKOVSKIY
1991
Memorial Human Rights Centre
Moscow
Rally in support of A. Navalnyy
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
administrative detention of 12 days
Moscow City Court
08/02/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 02/02/2021 and 03/02/2021 as an administrative suspect, pending trial, after the offence record had been compiled,
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 on 03/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
5,000
24179/21
16/04/2021
Kenenbek ARZYMATOV
1994
Memorial Human Rights Centre
Moscow
Rally in support of A. Navalnyy
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
administrative detention of 10 days
Moscow City Court
05/02/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 02/02/2021 and 04/02/2021 as administrative suspect, pending trial, after the offence record had been compiled,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
5,000
24724/21
29/03/2021
Yekaterina Borisovna GRITSAYENKO
1975
Bayeva Aleksandra Nikolayevna
Moscow
Rally in support of A. Navalnyy
Rostov-on-Don
23/01/2021
article 20.2 § 6.1 of CAO
administrative detention of 10 days
Rostov Regional Court
02/02/2021
Art. 5 (1) - unlawful detention - arrest and detention on 29/01/2021 as administrative suspect in the CAO proceedings concerning the rally of 23/01/2021, pending trial, after the offence record had been compiled,
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 on 29/01/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
5,000
24725/21
29/03/2021
NIkolay NIkolayevich KOMAROV
1983
Memorial Human Rights Centre
Moscow
Rally in support of A. Navalnyy
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
administrative detention of 4 days
Moscow City Court
04/02/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial, after the offence record had been compiled,
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 on 01/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
5,000
24726/21
29/03/2021
Oleg Dmitriyevich KALACHEV
1988
Memorial Human Rights Centre
Moscow
Rally in support of A. Navalnyy
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
administrative detention of 12 days
Moscow City Court
09/02/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial, after the offence record had been compiled,
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 on 01/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
5,000
25935/21
27/04/2021
Aleksey Vitalyevich MARTYNOV
1988
Memorial Human Rights Centre
Moscow
Rally in support of A. Navalnyy
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
administrative detention of 10 days
Moscow City Court
05/02/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial, after the offence record had been compiled,
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 on 01/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
5,000
26872/21
17/05/2021
Nastasya Igorevna FILYAYEVA
1992
Memorial Human Rights Centre
Moscow
Rally in support of A. Navalnyy
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
administrative detention of 10 days
Moscow City Court
05/02/2021
Art. 5 (1) - unlawful detention- arrest, escorting to a police station and detention on 03/02/2021 as administrative suspect, pending trial, after the offence record had been compiled,
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 on 03/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
5,000
26899/21
17/05/2021
Yelena Artemovna KITAYEVA
1999
Memorial Human Rights Centre
Moscow
Rally in support of A. Navalnyy
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
administrative detention of 12 days
Moscow City Court
09/02/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 02/02/2021 and 03/02/2021 as administrative suspect, pending trial, after the offence record had been compiled,
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 on 03/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
5,000
26911/21
17/05/2021
Oleg Yuryevich GRYAZNOV
1999
Memorial Human Rights Centre
Moscow
Rally in support of A. Navalnyy
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
administrative detention of 15 days
Moscow City Court
08/02/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial, after the offence record had been compiled,
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 on 01/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
5,000
26929/21
17/05/2021
Vadim Viktorovich BULATOV
1979
Memorial Human Rights Centre
Moscow
Rally in support of A. Navalnyy
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
06/04/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 23/01/2021 for the sole purpose of drawing up a record of administrative offence,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
26943/21
17/05/2021
Samvel Valeryevich MNATSAKANYAN
1990
Memorial Human Rights Centre
Moscow
Rally in support of A. Navalnyy
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
administrative detention of 6 days
Moscow City Court
08/04/2021
Art. 5 (1) - unlawful detention- arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial, after the offence record had been compiled,
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 on 01/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
5,000
27811/21
28/04/2021
Anzhelika Yuryevna YAROVAYA
1994
Rally in support of A. Navalnyy
Belgorod
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Belgorod Regional Court
15/03/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
3,500
28125/21
23/04/2021
Sergey Vasilyevich OSTROUKHOV
1957
Rally in support of A. Navalnyy
Kaluga
31/01/2021
article 20.2 § 2 of CAO
administrative detention of 5 days
Kaluga Regional Court
19/02/2021
3,500
32935/21
01/06/2021
Yelena Mikhaylovna KADETOVA
1964
Vasin Vladimir Valeryevich
Krasnoyarsk
Rally in support of Khabarovsk protesters
Krasnoyarsk
25/07/2020
article 20.2 § 5 of CAO
fine of RUB 10,000
Krasnoyarsk Regional Court
17/12/2020
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
3,500
33047/21
09/06/2021
Semen Andreyevich KALININ
1998
Shchukin Andrey Yevgenyevich
Nizhniy Tagil
Rally in support of A. Navalnyy
Yekaterinburg
31/01/2021
article 20.2 § 5 of CAO
community work of 30 hours
Sverdlovsk Regional Court
07/04/2021
Art. 5 (1) - unlawful detention- arrest, escorting to a police station and detention on 31/01/2021 for the sole purpose of drawing up a record of an administrative offence,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
34094/21
06/06/2021
Irina Denisovna CHEPLOUTSKAYA
1996
Zubarev Dmitriy Vladimirovich
Vladivostok
Rally in support of A. Navalnyy
Vladivostok
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 12,000
Primorye Regional Court
30/03/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 31/01/2021 for the sole purpose of drawing up a record of an administrative offence,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
34308/21
07/06/2021
Nina Yuryevna KVYATKOVSKAYA
1980
Tunikov Mikhail Igorevich
Vladivostok
Rally in support of S. Furgal
Vladivostok
19/07/2020
article 20.2 § 5 of CAO
fine of RUB 10,000
Primorye Regional Court
08/12/2020
3,500
34454/21
03/06/2021
Andrey Vladimirovich BIKULOV
1987
Glukhov Aleksey Vladimirovich
Novocheboksarsk
Rally in support of A. Navalnyy
Cheboksary
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Republic of Chuvashia
29/04/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
3,500
35107/21
25/06/2021
Georgiy Anatolyevich SHEVELEV
2002
Memorial Human Rights Centre
Moscow
Rally in support of A. Navalnyy
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
20/04/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 23/01/2021 for the sole purpose of drawing up a record of administrative offence,
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.