THIRD SECTION
CASE OF PANTELEYEV AND OTHERS v. RUSSIA
(Applications nos. 64960/19 and 19 others –
see appended list)
JUDGMENT
STRASBOURG
6 April 2023
This judgment is final but it may be subject to editorial revision.
In the case of Panteleyev and Others v. Russia,
The European Court of Human Rights (Third Section), sitting as a Committee composed of:
Peeter Roosma, President,
Ioannis Ktistakis,
Andreas Zünd, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 16 March 2023,
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 applicants were represented by Memorial Human Rights Centre, a non-governmental organisation which had practiced in Moscow.
3. The Russian Government (“the Government”) were given notice of the applications.
THE FACTS
4. The list of applicants and the relevant details of the applications are set out in the appended table.
5. The applicants complained of the disproportionate measures taken against them as participants of a public assembly, namely as participants in manifestations for fair elections to the Moscow City Parliament in August 2019 in Moscow. They also raised other complaints under the provisions of the Convention.
THE LAW
JOINDER OF THE APPLICATIONS6. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.
ALLEGED VIOLATION OF ARTICLE 11 OF THE CONVENTION7. The applicants complained principally of disproportionate measures taken against them as participants of the public assembly, in particular about the dispersal of the assembly, as well as their arrest followed by 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. 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 they also disclose violations of the Convention in the light of its findings in its well-established case-law (see Butkevich v. Russia, no. 5865/07, §§ 63-65, 13 February 2018, Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-23, 10 April 2018, Kalyapin v. Russia, no. 6095/09, § 76, 23 July 2019, and Korneyeva v. Russia, no. 72051/17, §§ 34-36, 8 October 2019, concerning various aspects of unlawful deprivation of liberty of the organisers or participants of public events; Karelin v. Russia, no. 926/08, 20 September 2016, related to examination of criminal cases in the absence of a prosecuting party in the judicial proceedings governed by the Federal Code of Administrative Offences (CAO)).
REMAINING COMPLAINTS14. Having regard to its findings above, the Court does not consider it necessary to examine separately the remaining complaints raised by some of the applicants under Article 6 of the Convention about the fairness of the administrative-offence proceedings in their cases.
APPLICATION OF ARTICLE 41 OF THE CONVENTION15. Article 41 of the Convention provides:
“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”
16. Regard being had to the documents in its possession and to its case‑law (see Navalnyy and Others v. Russia [Committee], nos. 25809/17 and 14 others, 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;Declares the complaints under Article 11 of the Convention concerning the interference with the applicants’ freedom of assembly and the other complaints under the well-established case-law of the Court (as indicated in the appended table) admissible and decides that there is no need to examine separately the remaining complaints under Article 6 of the Convention about other aspects of the fairness of the administrative‑offence proceedings;Holds that these applications disclose a breach of Article 11 of the Convention concerning the dispersal of the public assemblies;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 April 2023, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Peeter Roosma
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
Date of the public event
Administrative charges
Penalty
Final decision
Moscow City Court
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]
64960/19
18/12/2019
Vladislav Sergeyevich PANTELEYEV
1994
10/08/2019
Article 20.2 § 5 of CAO
fine of
RUB 17,000
30/09/2019
Art. 5 (1) – unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 6.25 p.m. on 10/08/2019 to 01.00 a.m. on 11/08/2019;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings – final decision: Moscow City Court, 30/09/2019.
4,000
65113/19
18/12/2019
Alisher Firdovsiyevich RZAYEV
1998
10/08/2019
Article 20.2 § 5 of CAO
20-hour community work
24/09/2019
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 6.30 p.m. to 10.20 p.m. on 10/08/2019;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings – final decision: Moscow City Court, 24/09/2019.
4,000
65213/19
18/12/2019
Pavel Petrovich NEVEROV
1974
03/08/2019
Article 20.2 § 5 of CAO
fine of
RUB 10,000
10/09/2019
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 4.40 p.m. on 03/08/2019 to 01.00 a.m. on 04/08/2019; absence of escorting and of administrative detention reports;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings – final decision: Moscow City Court, 10/09/2019.
4,000
65295/19
18/12/2019
Vasiliy Sergeyevich POPOV
1994
10/08/2019
Article 20.2 § 5 of CAO
fine of
RUB 15,000
04/10/2019
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 6.20 p.m. to 11.30 p.m. on 10/08/2019; absence of escorting and of administrative detention reports;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings – final decision: Moscow City Court, 04/10/2019.
4,000
201/20
18/12/2019
Aleksey Vladimirovich ANOSHKO
1984
10/08/2019
Article 20.2 § 5 of CAO
fine of
RUB 15,000
14/10/2019
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 5.35 p.m. to 11.30 p.m. on 10/08/2019;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings – final decision: Moscow City Court, 14/10/2019.
4,000
1779/20
08/01/2020
Vyacheslav Yevgenyevich KALACHEV
1993
10/08/2019
Article 20.2 § 5 of CAO
fine of
RUB 10,000
30/09/2019
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 6.00 p.m. to 11.00 p.m. on 10/08/2019, while the record of administrative offence was drawn up only on 13/08/2019;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings – final decision: Moscow City Court, 30/09/2019.
4,000
1905/20
27/12/2019
Aleksandr Nikolayevich PROSHIN
1994
03/08/2019
Article 20.2 § 5 of CAO
fine of
RUB 10,000
10/09/2019
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 4.35 p.m. to 11.40 p.m. on 03/08/2019;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings – final decision: Moscow City Court, 10/09/2019.
4,000
6721/20
23/01/2020
Mark Sergeyevich KNYAZEV
1999
10/08/2019
Article 20.2 § 5 of CAO
fine of
RUB 15,000
28/10/2019
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; from 5.50 p.m. to 8.40 p.m. on 10/08/2019;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings – final decision: Moscow City Court, 28/10/2019.
4,000
7700/20
23/01/2020
Aleksey Sergeyevich SOKOLOV
1998
03/08/3019
Article 20.2 § 5 of CAO
fine of
RUB 10,000
18/10/2019
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 4.20 p.m. on 03/08/2019 to 01.00 a.m. on 04/08/2019;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings – final decision: Moscow City Court, 18/10/2019.
4,000
8464/20
03/02/2020
Maksim Anatolyevich ROMANOV
1998
10/08/2019
Article 20.2 § 5 of CAO
fine of
RUB 15,000
30/09/2019
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 6.10 p.m. on 10/08/2019 to 00.30 a.m. on 11/08/2019, while the administrative offence record was drawn up only on 14/08/2019;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings – final decision: Moscow City Court, 30/09/2019.
4,000
11083/20
07/02/2020
Maksim Olegovich OBYDOV
1994
10/08/2019
Article 20.2 § 5 of CAO
fine of
RUB 15.000
28/10/2019
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 5.55 p.m. to 9.40 p.m. on 10/08/2019;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings – final decision: Moscow City Court, 28/10/2019.
4,000
11972/20
20/02/2020
Konstantin Mikhaylovich PERCHENOK
2000
10/08/2019
Article 20.2 § 5 of CAO
fine of
RUB 10,000
16/09/2019
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 7.50 p.m. on 10/08/2019 to 04.00 a.m. on 11/08/2019;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings – final decision: Moscow City Court, 16/09/2019.
4,000
12189/20
27/02/2020
Andrey Alekseyevich IVANOV
1991
10/08/2019
Article 20.2 § 5 of CAO
fine of
RUB 15,000
30/10/2019
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 5.50 p.m. to 9.30 p.m. on 10/08/2019;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings – final decision: Moscow City Court, 30/10/2019.
4,000
13346/20
03/03/2020
Aleksandr Sergeyevich SIDOROV
1997
10/08/2019
Article 20.2 § 5 of CAO
fine of
RUB 15,000
04/09/2019
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 6.20 p.m. to 11.30 p.m. on 10/08/2019; the applicant remained more than 3 hours in the police van before having been brought to the police station;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings – final decision: Moscow City Court, 04/09/2019.
4,000
18010/20
23/03/2020
Aleksey Vladimirovich NAUMENKO
1983
10/08/2019
Article 20.2 § 5 of CAO
fine of
RUB 10,000
14/10/2019
Art. 5 (1) - escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 5.20 p.m. on 10/08/2019 to 00.30 a.m.
on 11/08/2019;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings – final decision: Moscow City Court, 14/10/2019.
4,000
18237/20
19/03/2020
Roman Konstantinovich ZAPOLSKIY
1993
10/08/2019
Article 20.2 § 5 of CAO
fine of
RUB 15,000
04/10/2019
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 6.15 p.m. to 10.10 p.m. on 10/08/2019;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings – final decision: Moscow City Court, 04/10/2019.
4,000
24884/20
22/06/2020
Aleksandr Mikhaylovich FEDORININ
1988
03/08/2019
Article 20.2 § 5 of CAO
fine of
RUB 15,000
30/09/2019
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 03.30 p.m. on 03/08/2019 to 02.00 a.m. on 04/08/2019; the applicant remained about 2.30 hours in the police van before having been brought to the police station;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings – final decision: Moscow City Court, 30/09/2019.
4,000
27640/20
29/06/2020
Nikita Olegovich KOLOSOV
1995
03/08/2019
Article 20.2 § 5 of CAO
fine of
RUB 10,000
06/11/2019
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 05.30 p.m. on 03/08/2019 to 03.30 a.m. on 04/08/2019; the applicant remained detained even after the record of administrative offence had been drawn up;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings – final decision: Moscow City Court, 06/11/2019.
4,000
27641/20
25/06/2020
Pavel Vladimirovich SMIRNOV
1996
03/08/2019
Article 20.2 § 5 of CAO
fine of
RUB 10,000
28/10/2019
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.00 p.m. to 9.00 p.m. on 03/08/2019, while the record of administrative offence had been drawn up only on 05/08/2019;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings – final decision: Moscow City Court, 28/10/2019.
4,000
27642/20
25/06/2020
Andrey Igorevich TRIFONOV
1992
03/08/2019
Article 20.2 § 5 of CAO
fine of
RUB 15,000
30/10/2019
Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.30 p.m. to 11.20 p.m. on 03/08/2019;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings – final decision: Moscow City Court, 30/10/2019.
4,000
[1] Plus any tax that may be chargeable to the applicants.