SECOND SECTION
CASE OF PANKRATOV AND OTHERS v. RUSSIA
(Applications nos. 40486/21 and 27 others –
see appended list)
JUDGMENT
STRASBOURG
14 March 2024
This judgment is final but it may be subject to editorial revision.
In the case of Pankratov and Others v. Russia,
The European Court of Human Rights (Second Section), sitting as a Committee composed of:
Lorraine Schembri Orland, President,
Frédéric Krenc,
Davor Derenčinović, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 15 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. 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 Idalov v. Russia [GC], no. 5826/03, §§ 103-08, 22 May 2012, and Tomov and Others v. Russia, nos. 18255/10 and 5 others, §§ 92-142, 9 April 2019, concerning inadequate conditions of transport; 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 Glukhin v. Russia, no. 11519/20, §§ 64-91, 4 July 2023, concerning unjustified processing of the applicant’s personal biometric data by using highly intrusive facial recognition technology in administrative offence proceedings in order to identify, locate and arrest him.
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 10 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 the 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 14 March 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Lorraine Schembri Orland
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 charges
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]
40486/21
27/07/2021
Roman Sergeyevich PANKRATOV
1985
Aksenova Darya Dmitriyevna
Kolomna
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
detention for 12 days
Moscow City Court
12/02/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report (arrested at 3.00 p.m. on 31/01/2021, brought to the police station at 5.00 p.m., taken before the court directly from the police station 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,
Art. 3 - inadequate conditions of detention during transport - poor conditions of transfer in a police van on 01/02/2021-02/02/2021 (the applicant spent the night in the police van), 23 persons held in the van at the same time, seats were not available to all, no drinking water, no meals
6,000
2052/22
14/12/2021
Sergey Aleksandrovich KHLYABICH
1968
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
29/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report (arrested at 3.02 p.m., brought to the police station at 4.00 p.m., released at 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
2060/22
14/12/2021
Anatoliy Dmitriyevich BALAYEV
1999
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
23/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 15,000
Moscow City Court
23/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report (arrested at 5.20 p.m. on 23/01/2021, brought to the police station at 10 p.m. on the same day, released at 1.10 a.m. on 24/01/2021),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
2082/22
14/12/2021
Fedor Mikhaylovich STETSKEVICH
1985
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
17/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report (arrested at 3.15 p.m. on 31/01/2021, brought to the police station at 6.40 p.m., released at 00.30 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
2085/22
14/12/2021
Ilya Olegovich KOPANEV
1993
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
17/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report (arrested at 4.15 p.m. on 31/01/2021, brought to the police station at 7 p.m., released on 1.00 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
2090/22
14/12/2021
Igor Vadimovich LEPILIN
1993
Memorial Human Rights Centre
Moscow
Rally " Free Navalnyy"
Yekaterinburg
31/01/2021
article 20.2 § 5 of CAO
community work of
20 hours
Sverdlovsk Regional Court
15/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report (arrested at 3.40 p.m., brought to the police station at 4.05 p.m., released at 5.40 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
2103/22
15/12/2021
Mikhail Alekseyevich BASOV
2002
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Krasnoyarsk
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Krasnoyarsk Regional Court
24/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report (arrested at 1:.0 p.m. on 31/01/2021, brought to the police station at 3.50 p.m., released at 9.10 p.m. on the same day without the report in question, which was issued on 12/02/2021),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
2114/22
15/12/2021
Yevgeniy Sergeyevich ZAKHRYAPIN
1994
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
25/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report (arrested at 5 p.m. on 31/01/2021, brought to the police station at 7.30 p.m., released at 11 p.m. on the same day),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
2164/22
15/12/2021
Aleksey Mikhaylovich OCHAN
1974
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
29/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record (arrested at 3.45 p.m. on 31/01/2021, brought to the police station at 4.05 p.m., released at 10:30 p.m.),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
2166/22
15/12/2021
Kirill Olegovich SHEVYAKIN
2000
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Ryazan
21/04/2021
article 20.2.2
§ 1 of CAO
fine of RUB
5,000
Ryazan Regional Court
15/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report (arrested at 7.40 p.m. on 21/04/2021, brought to the police station at 8.10 p.m., brought before the court directly from the police station at 12.30 p.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
2170/22
15/12/2021
Irina Petrovna KONEVSKAYA
1987
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
05/07/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report (arrested at 2 p.m. on 31/01/2021, brought to the police station at 4 p.m. on the same day, taken before the court directly from the police station at 9 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
4,000
2203/22
28/12/2021
Dariya Sergeyevna KOKAREVA
1991
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
29/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report (arrested at 8.15 p.m. on 23/01/2021, taken to the police station at 11.00 p.m., released at 3.15 a.m. on 24/01/2021),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
2876/22
09/12/2021
Yuriy Alekseyevich OGORELTSEV
1999
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
11/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 5.50 p.m. to 11.55 p.m. on 23/01/2021
4,000
3536/22
17/12/2021
Nikita Anatolyevich VAULIN
1985
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Yekaterinburg
31/01/2021
article 20.2 § 5 of CAO
community work of
30 hours
Sverdlovsk Regional Court
22/09/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
3,500
4328/22
30/12/2021
Gleb Vladimirovich MIKHNOVETS
1993
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
05/07/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report (arrested at 3.30 p.m., brought to the police station at 5 p.m., released at 11.30 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
4335/22
30/12/2021
Yelena Vladimirovna SHAGURINA
1992
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Vladimir
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Vladimir Regional Court
12/07/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report (arrested at 1.35 p.m., brought to the police station at 2 p.m., released at 5 p.m. on 31/01/2021 without offence report, which was drawn up later, on 12/05/2021 in the applicant’s absence),
Art. 8 (2) - restrictions on the right to private life of participants in public assemblies - use of facial recognition technology for the identification of the applicant as a participant of a rally and her subsequent conviction (raised on appeal)
5,000
4341/22
30/12/2021
Boris Borisovich BODENKO
1974
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
05/07/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report (arrested at 11.35 p.m. on 02/02/2021, brought to the police station at 00.50 a.m. on 03/02/2021, released at 04.55 a.m. on 03/02/2021),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
4345/22
30/12/2021
Dmitriy Yaroslavovich GULEY
1978
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
23/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 20,000
Moscow City Court
09/07/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
3,500
4349/22
30/12/2021
Denis Bolotbekovich TABALDYYEV
1979
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
01/07/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report (arrested at 2.30 p.m., brought to the police station at 4.30 p.m. on the same day, released at 2 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
4563/22
17/12/2021
Yevgeniy Vladimirovich ABRAMENKOV
1988
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
29/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report (arrested at 11.20 p.m. on 02/02/2021, brought to the police station at 1 a.m. on 03/02/2021, released at 6 a.m. on the same day),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
4574/22
17/12/2021
Arina Yuryevna ONISHCHENKO
2001
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
fine of RUB 15,000
Moscow City Court
17/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report (arrested at 23.59 on 02/02/2021, brought to the police station at 00.50 a.m. on 03/02/2021, released at 8.30 a.m. on the same day),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
4576/22
17/12/2021
Artem Aleksandrovich YELIZAROV
2000
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
21/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report (arrested at 6.20 p.m. on 23/01/2021, brought to the police station at 7.40 p.m., released at 00.30 a.m. on 24/01/2021),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
7715/22
13/01/2022
Vladimir Aleksandrovich DEVICHENKO
2002
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Orel
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Orel Regional Court
30/07/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 8 (2) - restrictions on the right to private life of participants in public assemblies - use of facial recognition technology for the identification of the applicant as a participant of a rally and his subsequent conviction (raised on appeal)
5,000
7720/22
13/01/2022
Tatyana Petrovna ZHURAVSKAYA
1976
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
27/09/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
3,500
7723/22
13/01/2022
Zhambal Balzhinimayevich GOMBOYEV
1975
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
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 report (arrested at 11.15 a.m. on 02/02/2021, brought to the police station at 00.30 a.m. on 03/02/2021, released at 5 a.m. on 03/02/2021),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
7774/22
13/01/2022
Irina Yuryevna ZUBAREVA
1990
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Kaliningrad
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Kaliningrad Regional Court
13/07/2021
Art. 8 (2) - restrictions on the right to private life of participants in public assemblies - use of facial recognition technology for the identification of the applicant as a participant of a rally and her subsequent conviction (raised on appeal)
5,000
7777/22
13/01/2022
Nataliya Sergeyevna PIROZHKOVA
1999
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Ryazan
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Ryazan Regional Court
14/07/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report (arrested at 1.20 p.m. on 31/01/2021, brought to the police station at 1.50 p.m., brought before the court directly from the police station at midnight 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
23619/22
28/03/2022
Nataliya Mikhaylovna KAPRANOVA
1959
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
11/11/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 8 (2) - restrictions on the right to private life of participants in public assemblies - use of facial recognition technology for the identification of the applicant as a participant of a rally and her subsequent conviction (raised on appeal)
5,000
[1] Plus any tax that may be chargeable to the applicants.