FIRST SECTION
CASE OF OLSHANOV AND OTHERS v. RUSSIA
(Applications nos. 71114/17 and 29 others –
see appended list)
JUDGMENT
STRASBOURG
7 March 2024
This judgment is final but it may be subject to editorial revision.
In the case of Olshanov 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 8 February 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 or Protocols to it.
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, and having taken into account the issue of compliance with the six-month time-limit under Article 35 § 1 of the Convention (see Saakashvili v. Georgia (dec.), nos. 6232/20 and 22394/20, §§ 46-59, 1 March 2022, in which the Court addressed the COVID-related extension of the period in question), 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; 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; and Elvira Dmitriyeva v. Russia, nos. 60921/17 and 7202/18, §§ 77‑90, 30 April 2019, concerning administrative convictions for making calls to participate in public events.
REMAINING COMPLAINTS14. Some applicants raised further additional complaints under the Convention or Protocols to it. 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 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;Holds that these applications disclose a violation 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 7 March 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Lətif Hüseyno
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]
71114/17
18/09/2017
Nikita Yevgenyevich OLSHANOV
1994
Popkov Aleksandr Vasilyevich
Sochi
Anticorruption rally
Krasnodar
26/03/2017
article 19.3 § 1 of CAO
10 days of detention
Krasnodar Regional Court
06/04/2017
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
5,000
8682/18
26/01/2018
Ulyana Nikolayevna TIMOFEYEVA
1989
Anticorruption rally
St Petersburg
12/06/2017
article 20.2 § 5 of CAO
fine of RUB 5,000
St Petersburg City Court
27/07/2017
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
3,500
20978/18
15/04/2018
Ilya Vladislavovich CHUMAKOV
1998
Kulakova Yevgeniya Yuryevna
St Petersburg
Rally to support A. Navalnyy
St Petersburg
08/10/2017
article 19.3 § 1 of CAO
article 20.2 § 5 of CAO
10 days of detention
fine of RUB 10,000
St Petersburg City Court
16/10/2017
St Petersburg City Court
26/10/2017
Art. 5 (1) - unlawful detention - on 08-09/10/2017 escorting to and detention in a police station for and after compiling offence reports,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of administrative-offence proceedings.
5,000
21703/18
24/04/2018
Igor Sergeyevich SHTIN
1997
Rally to support A. Navalnyy
Yekaterinburg
07/10/2017
article 20.2 § 5 of CAO
20 hours of community work
Sverdlovsk Regional Court
17/01/2018
3,500
59651/18
06/12/2018
Yevgeniy Gennadyevich ALEKSANDROV
1995
Glukhov Aleksey Vladimirovich
Novocheboksarsk
Opposition rally
Cheboksary
05/05/2018
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
fine of RUB 20,000
30 hours of community work
Supreme Court of the Chuvashia Republic
07/06/2018
Supreme Court of the Chuvashia Republic
07/06/2018
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of administrative-offence proceedings.
3,500
59663/18
06/12/2018
Igor Vladimirovich SHARKOV
1992
Glukhov Aleksey Vladimirovich
Novocheboksarsk
Opposition rally
Cheboksary
05/05/2018
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
20 hours of community work
30 hours of community work
Supreme Court of the Chuvashia Republic
07/06/2018
Supreme Court of the Chuvashia Republic
07/06/2018
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of administrative-offence proceeding.
3,500
484/19
11/12/2018
Maksim Ilyich PYATAKOV
1999
Sholokhov Igor Nikolayevich
Kazan
Rally against the pension reform
Kazan
09/09/2018
article 20.2 § 2 of CAO
4 days of detention
Supreme Court of the Tatarstan Republic
14/09/2018
Art. 5 (1) - unlawful detention - on 09-11/09/2018 escorting to and detention in a police station for compiling an offence report,
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 - immediate execution of the sentence of detention; an appeal against conviction had no suspensive effect.
5,000
493/19
11/12/2018
Nikolay Aleksandrovich POTAPOV
1996
Sholokhov Igor Nikolayevich
Kazan
Rally against the pension reform
Kazan
09/09/2018
article 20.2 § 2 of CAO
4 days of detention
Supreme Court of the Tatarstan Republic
18/09/2018
Art. 5 (1) - unlawful detention - on 09-10/09/2018 escorting to and detention in a police station for and after compiling an offence report,
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 - immediate execution of the sentence of detention; an appeal against conviction had no suspensive effect.
5,000
497/19
11/12/2018
Dmitriy Vyacheslavovich KAMNEV
1991
Sholokhov Igor Nikolayevich
Kazan
Rally against the pension reform
Kazan
09/09/2018
article 20.2 § 2 of CAO
4 days of detention
Supreme Court of the Tatarstan Republic
18/09/2018
Art. 5 (1) - unlawful detention - on 09-10/09/2018 escorting to and detention in a police station for and after compiling an offence report,
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 - immediate execution of the sentence of detention; an appeal against conviction had no suspensive effect.
5,000
501/19
11/12/2018
Igor Vasilyevich BASHKIN
1997
Sholokhov Igor Nikolayevich
Kazan
Rally against the pension reform
Kazan
09/09/2018
article 20.2 § 2 of CAO
4 days of detention
Supreme Court of the Tatarstan Republic
18/09/2018
Art. 5 (1) - unlawful detention - on 09-10/09/2018 escorting to and detention in a police station for and after compiling an offence report,
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 - immediate execution of the sentence of detention; an appeal against conviction had no suspensive effect.
5,000
509/19
11/12/2018
Roman Anatolyevich YAKOVLEV
1995
Sholokhov Igor Nikolayevich
Kazan
Rally against the pension reform
Kazan
09/09/2018
article 20.2 § 2 of CAO
4 days of detention
Supreme Court of the Tatarstan Republic
18/09/2018
Art. 5 (1) - unlawful detention - on 09-10/09/2018 escorting to and detention in a police station for and after compiling an offence report,
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 - immediate execution of the sentence of detention; an appeal against conviction had no suspensive effect.
5,000
3311/19
19/12/2018
Denis Valeryevich MOLEYKIN
1989
Sholokhov Igor Nikolayevich
Kazan
Rally against the pension reform
Kazan
09/09/2018
article 20.2 § 2 of CAO
fine of RUB 20,000
Supreme Court of the Tatarstan Republic
21/11/2018
Art. 5 (1) - unlawful detention - on 09-10/09/2018 escorting to and detention in a police station for and after compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
4,000
3322/19
19/12/2018
Pavel Nikolayevich PROSKURYAKOV
1999
Sholokhov Igor Nikolayevich
Kazan
Rally against the pension reform
Kazan
09/09/2018
article 20.2 § 2 of CAO
4 days of detention
Supreme Court of the Tatarstan Republic
19/09/2018
Art. 5 (1) - unlawful detention - on 09-10/09/2018 escorting to and detention in a police station for and after compiling an offence report,
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 - immediate execution of the sentence of detention; an appeal against conviction had no suspensive effect.
5,000
3325/19
19/12/2018
Oleg Fedorovich ANKUDINOV
1979
Sholokhov Igor Nikolayevich
Kazan
Rally against the pension reform
Kazan
09/09/2018
article 20.2 § 2 of CAO
4 days of detention
Supreme Court of the Tatarstan Republic
18/09/2018
Art. 5 (1) - unlawful detention - on 09-10/09/2018 escorting to and detention in a police station for and after compiling an offence report,
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 - immediate execution of the sentence of detention; an appeal against conviction had no suspensive effect.
5,000
3327/19
19/12/2018
Ruslan Damirovich ISKHAKOV
1985
Sholokhov Igor Nikolayevich
Kazan
Rally against the pension reform
Kazan
09/09/2018
article 20.2 § 2 of CAO
4 days of detention
Supreme Court of the Tatarstan Republic
27/09/2018
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 - immediate execution of the sentence of detention; an appeal against conviction had no suspensive effect.
5,000
3328/19
19/12/2018
Renat Fatykhovich SALIMOV
1980
Sholokhov Igor Nikolayevich
Kazan
Rally against the pension reform
Kazan
09/09/2018
article 20.2 § 2 of CAO
4 days of detention
Supreme Court of the Tatarstan Republic
12/09/2018
Art. 5 (1) - unlawful detention - on 09-10/09/2018 escorting to and detention in a police station for and after compiling an offence report,
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 - immediate execution of the sentence of administrative detention; an appeal against conviction had no suspensive effect.
5,000
3331/19
19/12/2018
Ilnaz Ilyasovich ZIGANSHIN
1996
Sholokhov Igor Nikolayevich
Kazan
Rally against the pension reform
Kazan
09/09/2018
Rally to support A. Navalnyy
Kazan
23/01/2021
article 20.2 § 2 of CAO
article 20.2 § 5 of CAO
4 days of detention
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
14/09/2018
Supreme Court of the Tatarstan Republic
31/03/2021
Art. 5 (1) - unlawful detention - on 09-10/09/2018 and 23-24/01/2021 escorting to and detention in a police station for and after compiling offence reports,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings in 2018,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - immediate execution of the sentence of detention in 2018; an appeal against conviction had no suspensive effect.
5,000
3836/19
08/01/2019
Yuliya Vladimirovna USPENSKAYA
1981
Zboroshenko Nikolay Sergeyevich
Mytishchi
Anticorruption rally
Moscow
12/06/2017
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
20/08/2018
Art. 5 (1) - unlawful detention - on 12/06/2017 escorting to a police station for compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
4,000
6176/19
17/01/2019
Anastasiya Alekseyevna ORLOVA
1991
Peredruk Aleksandr Dmitriyevich
St Petersburg
Rally against the pension reform
St Petersburg
09/09/2018
article 20.2 § 6.1 of CAO
5 days of detention
St Petersburg City Court
12/09/2018
Art. 5 (1) - unlawful detention - on 09/09/2018 escorting to a police station for compiling an offence report.
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 - immediate execution of the sentence of administrative detention; an appeal against conviction had no suspensive effect.
5,000
6635/19
21/01/2019
Viktor Anatolyevich SHALAYEV
1983
Zhdanov Ivan Yuryevich
Vilnius
Anticorruption rally
Vladimir
05/05/2018
article 20.2 § 5 of CAO
fine of RUB 10,000
Vladimir Regional Court
04/09/2018
3,500
6733/19
21/01/2019
Aleksey Vladimirovich VOLKOV-DUBROVIN
1967
Zhdanov Ivan Yuryevich
Vilnius
Opposition rally
Moscow
05/05/2018
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
16/08/2018
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
3,500
6780/19
21/01/2019
Olga Vyacheslavovna OSIKINA
1992
Zhdanov Ivan Yuryevich
Vilnius
Opposition rally
St Petersburg
05/05/2018
article 20.2 § 5 of CAO
fine of RUB 10,000
St Petersburg City Court
24/07/2018
3,500
7593/19
24/01/2019
Boris Andreyevich YUDIN
1993
Sholokhov Igor Nikolayevich
Kazan
Rally against the pension reform
Kazan
09/09/2018
article 20.2 § 2 of CAO
4 days of detention
Supreme Court of the Tatarstan Republic
18/09/2018
Art. 5 (1) - unlawful detention - on 09-10/09/2018 escorting to and detention in a police station for and after compiling an offence report,
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 - immediate execution of the sentence of administrative detention; an appeal against conviction had no suspensive effect.
5,000
7595/19
14/01/2019
Bulat Rustemovich KHAYRULLIN
1997
Sholokhov Igor Nikolayevich
Kazan
Rally against the pension reform
Kazan
09/09/2018
article 20.2 § 2 of CAO
4 days of detention
Supreme Court of the Tatarstan Republic
18/09/2018
Art. 5 (1) - unlawful detention - on 09-10/09/2018 escorting to and detention in a police station for and after compiling an offence report,
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 - immediate execution of sentence of administrative detention; an appeal against conviction had no suspensive effect.
5,000
33052/19
11/06/2019
Vasil Andreyevich TARASOV
1998
Sholokhov Igor Nikolayevich
Kazan
Rally against the pension reform
Kazan
18/11/2018
article 20.2 § 2 of CAO
fine of RUB 20,000
Supreme Court of the Tatarstan Republic
30/01/2019
Art. 5 (1) - unlawful detention –
(i) on 30/12/2018-01/01/2019 escorting to and detention in a police station for and after compiling and then recompiling an offence report in relation to the rally on 18/11/2018;
(ii) on 29/01/2019 escorting to a police station for compiling an offence report in relation to posting on 12/12/2018 a banner “Putin is a thief” on a tram bridge in Naberezhnye Chelny,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
4,000
59567/19
13/11/2019
Nikolay Alekseyevich KASYAN
1998
Morozova Natalya Yuryevna
Moscow
Rally against the pension reform
Moscow
09/09/2018
article 20.2 § 2 of CAO
fine of RUB 20,000
Moscow City Court
14/05/2019
Art. 5 (1) - unlawful detention –
(i) on 08/09/2018 escorting to a police station for compiling an offence report in relation to the rally on 09/09/2018;
(ii) on 31/01/2021-01/02/2021 escorting to and detention in a police station for and after compiling an offence report in relation to a rally on 23/01/2021 (see below),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings in 2021 (final decision on 18/02/2021 by Moscow City Court),
Art. 10 (1) - conviction for making calls to participate in public events – the applicant was arrested and sentenced to 5-days’ detention in relation to the rally to support A. Navalnyy on 23/01/2021 (Art. 20.2 § 2 of CAO, final decision on 18/02/2021 by Moscow City Court).
5,000
11367/20
18/02/2020
Pavel Vladimirovich CHERNYKH
1986
Markin Konstantin Aleksandrovich
Velikiy Novgorod
Rally for fair elections to Mosgorduma
Moscow
27/07/2019
Rally to support A. Navalnyy
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
article 20.2 § 6.1 of CAO
fine of RUB 20,000
10 days of detention
Moscow City Court
22/08/2019
Moscow City Court
23/06/2021
Art. 5 (1) - unlawful detention - on 28-29/07/2019 detention in a police station after compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of administrative-offence proceedings,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - immediate execution of the sentence of detention in 2021; an appeal against conviction had no suspensive effect.
5,000
1792/22
22/11/2021
31149/20
15/06/2020
Sergey Yuryevich SHOKAREV
1972
Mezak Ernest Aleksandrovich
Saint-Barthélemy-d’Anjou
Rally for fair elections to Mosgorduma
Moscow
27/07/2019
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Moscow City Court
10/10/2019
Art. 5 (1) - unlawful detention - on 27-29/07/2019 escorting to and detention in a police station for and after compiling an offence report.
4,000
3891/22
27/12/2021
Valeriy Antonovich BADMAYEV
Rally of Chuulhn (Congress of Oirat-Kalmyk people)
Elista
29/05/2021
article 20.2 § 8 of CAO
40 hours of community work
Supreme Court of the Kalmykia Republic
02/07/2021
3,500
[1] Plus any tax that may be chargeable to the applicants.