SECOND SECTION
CASE OF PEREVOZCHENKO AND OTHERS v. RUSSIA
(Applications nos. 38671/21 and 21 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 Perevozchenko 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. 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 Lashmankin and Others v. Russia, nos. 57818/09 and 14 others, § 489, 7 February 2017, 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); 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; Martynyuk v. Russia, no. 13764/15, §§ 38-42, 8 October 2019, and Tsvetkova and Others, cited above, §§ 178-88, 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 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, and Glukhin, cited above, § 96), 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 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 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 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
(in euros)[1]
38671/21
15/07/2021
Ksenya Alekseyevna PEREVOZCHENKO
1991
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
administrative detention of 15 days
Moscow City Court
05/02/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 1.30 p.m. on 31/01/2021 to 6.00 p.m. on 01/02/2021, hearing in the applicant’s administrative-offence case; the applicant spent 2 hours in the police van,
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, 05/02/2021,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
5,000
54425/21
27/10/2021
Maksim Vladimirovich SHABALIN
2000
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
25/05/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 11.30 a.m. to 4.20 p.m. on 02/02/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 25/05/2021.
4,000
55836/21
25/10/2021
Yegor Vyacheslavovich BESCHASTNOV
2002
Mamedova Yelena Anatolyevna
Samara
Rally “Free Navalnyy”
Samara
21/04/2021
article 20.2 § 5 of CAO
30 hours of community work
Samara Regional Court
20/07/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, on 21/04/2021, while the said record was only drawn up on 22/04/2021 when the applicant was released,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Samara Regional Court, 27/07/2021.
4,000
55908/21
29/10/2021
Oleg Rifatovich KHUSAINOV
1986
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy”
Irkutsk
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Irkutsk Regional Court
24/06/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Irkutsk Regional Court, 24/06/2021.
3,500
6392/22
22/12/2021
Maksim Yuryevich KHALIMOVSKIY
1990
Semenov Daniil Aleksandrovich
St Petersburg
Rally “Free Navalnyy”
St Petersburg
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 10,000
St Petersburg City Court
22/06/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: St Petersburg City Court, 22/06/2021.
3,500
22019/22
13/04/2022
Yanus Yanusovich GREYNER
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
17/11/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 10.45 a.m. to 6.00 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 - final decision: Moscow City Court, 17/11/2021,
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 his subsequent conviction (raised on appeal)
6,000
22658/22
12/04/2022
Sergey Nikolayevich BOGATKO
1987
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
27/10/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 12.20 p.m. to 6.30 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 - final decision: Moscow City Court, 27/10/2021.
4,000
23622/22
28/03/2022
Ilya Mikhaylovich GARTSEV
1986
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyy
Moscow
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
29/10/2021
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 9.00 a.m. to 12.30 p.m. on 18/05/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 29/10/2021,
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 his subsequent conviction (raised on appeal).
6,000
30530/22
31/05/2022
Mariya Sergeyevna KOLOKOLOVA
2001
Aksenova Darya Dmitriyevna
Kolomna
Rally “Free Navalnyy”
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
17/02/2022
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, 17/02/2021.
3,500
30537/22
31/05/2022
Viktor Aleksandrovich AMPILOV
1997
Aksenova Darya Dmitriyevna
Kolomna
Rally “Free Navalnyy”
Moscow
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
03/12/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 03/12/2021.
3,500
35400/22
04/07/2022
Anton Yuryevich IVANOV
1987
Baranova Natalya Andreyevna
Moscow
Anti-war protest
Moscow
27/02/2022
article 20.2 § 8 of CAO
administrative detention of 30 days
Moscow City Court
04/03/2022
Art. 5 (1) - unlawful deprivation of liberty: escorting to a 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. on 27/02/2022 until 3.00 a.m. on 01/03/2022, hearing in the applicant’s administrative-offence case; the applicant spent four and a half hours the police van,
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, 04/03/2022,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
6,000
35667/22
06/07/2022
Ivan Aleksandrovich OSIPOV
1998
Vasilchenko Olesya Anatolyevna
Minyar
Anti-war protest
St Petersburg
06/03/2022
article 20.2 § 6.1 of CAO
fine of RUB 10,000
St Petersburg City Court
12/04/2022
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.10 p.m. on 06/03/2022 to 10.30 a.m. on 07/03/2022, hearing in the applicant’s administrative-offence case,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: St Petersburg City Court, 12/04/2022.
4,000
36047/22
28/06/2022
Yuliya Viktorovna LEDOVSKAYA
1979
Usanova Olimpiada Valentinovna
Nizhniy Novgorod
Anti-war protest
Nizhniy Novgorod
24/02/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
27/04/2022
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 7.40 p.m. on 24/02/2022 to 6.20 a.m. on 25/02/2022, hearing in the applicant’s administrative-offence case,
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, 27/04/2022.
4,000
36652/22
29/06/2022
Svetlana Aleksandrovna USHMODINA
2001
Baranova Natalya Andreyevna
Moscow
Anti-war protest
Moscow
24/02/2022
article 20.2 § 8 of CAO
administrative detention of 20 days
Moscow City Court
01/03/2022
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 7.40 p.m. on 24/02/2022 to 2.20 p.m. on 25/02/2022, hearing in the applicant’s administrative-offence case,
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, 01/03/2022,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.
6,000
36667/22
16/07/2022
Yelena Aleksandrovna SLAVINSKAYA
1961
Baranova Natalya Andreyevna
Moscow
Meeting with deputy V. Rashkin
Moscow
20/09/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
25/01/2022
Art. 5 (1) - unlawful deprivation of liberty: escorting to a 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 6.05 p.m. on 20/09/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 25/01/2022,
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).
6,000
37092/22
22/07/2022
Vladislav Olegovich ROY
1996
Anti-war protest
Ufa
06/03/2022
article 19.3 § 1 of CAO
administrative detention of 1 day
Supreme Court of the Bashkortostan Republic
11/04/2022
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 2.00 p.m. on 06/03/2022 to 2.15 p.m. on 07/03/2022, hearing in the applicant’s administrative-offence case,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Supreme Court of the Bashkortostan Republic, 11/04/2022.
4,000
41072/22
15/08/2022
Ayzhamal Akylbekovna BAYMURZAYEVA
1997
Baranova Natalya Andreyevna
Moscow
Anti-war protest
Krasnoyarsk
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Krasnoyarsk Regional Court
11/05/2022
Art. 5 (1) - unlawful deprivation of liberty: escorting to a 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 6.30 on 06/03/2022, while the said record was drawn up only on 12/03/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Krasnoyarsk Regional Court, 11/05/2022.
4,000
45938/22
08/09/2022
Aleksey Nikolayevich VASILYEV
1988
Rally “Free Navalnyy
Moscow
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
11/05/2022
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 11.15 a.m. to 07.15 p.m. on 26/04/2021, hearing in the applicant’s administrative-offence case,
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, 11/05/2022.
4,000
45941/22
10/09/2022
Rustem Gumyarovich BAKHITOV
1989
Lapuzin Aleksey Sergeyevich
Samara
Anti-war protest
Samara
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Samara Regional Court
12/05/2022
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, detention in excess of 3 hours and without “exceptional circumstances”, from 3.15 p.m. to 10.00 p.m. on 06/03/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Samara Regional Court, 12/05/2022.
4,000
47805/22
15/09/2022
Yelena Viktorovna MILUSHKINA
1995
Zinovyev Konstantin Mikhaylovich
Nizhniy Novgorod
Anti-war protest
Nizhniy Novgorod
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
25/05/2022
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.10 p.m. on 06/03/2022 to 4.00 p.m. on 07/03/2022, hearing in the applicant’s administrative-offence case,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Nizhny Novgorod Regional Court, 25/05/2022.
4,000
48114/22
14/09/2022
Nadezhda Vladimirovna BOLOBONINA
2002
Zinovyev Konstantin Mikhaylovich
Nizhniy Novgorod
Ant-war protest
Nizhniy Novgorod
06/03/2022
article 20.2 § 6.1 of CAO
fine of RUB 5,000
Nizhniy Novgorod Regional Court
25/05/2022
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.10 p.m. on 06/03/2022 to 1.00 a.m. on 07/03/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Nizhny Novgorod Regional Court, 25/05/2022.
4,000
48915/22
30/09/2022
Manuk Ayrikovich AKOPYAN
1996
Zinovyev Konstantin Mikhaylovich
Nizhniy Novgorod
Anti-war protest
Nizhniy Novgorod
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 15,000
Nizhniy Novgorod Regional Court
01/06/2022
Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without “exceptional circumstances”, from 3.10 p.m. on 06/03/2022 until 1.00 a.m. on 07/03/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Nizhny Novgorod Regional Court, 01/06/2022.
4,000
[1] Plus any tax that may be chargeable to the applicants.