THIRD SECTION
CASE OF PROSKURINA AND OTHERS v. RUSSIA
(Applications nos. 50811/18 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 Proskurina 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 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 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.
ALLEGED VIOLATION OF ARTICLE 11 OF THE CONVENTION6. The applicants complained principally of disproportionate measures taken against them as participants of public assemblies, namely the dispersal of these assemblies, as well as their arrest followed by their conviction for administrative offence. They relied, expressly or in substance, on Article 11 of the Convention.
7. 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).
8. 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.
9. Having examined all the material submitted to it, and having due regard to the issue of compliance with the six-month period 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”.
10. These complaints are therefore admissible and disclose a breach of Article 11 of the Convention.
OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW11. 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.
12. 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 organisers or participants of public events; and Karelin v. Russia, no. 926/08, 20 September 2016, related to the 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 COMPLAINTS13. In view of the above findings, the Court considers that there is no need to deal separately with the applicants’ complaints under Article 6 of the Convention concerning other aspects of the fairness of the administrative‑offence proceedings and alleged restrictions on the right to examine witnesses.
APPLICATION OF ARTICLE 41 OF THE CONVENTION14. 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.”
15. 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;Declares the complaints concerning the dispersal of the public assembly 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 deal separately with the remaining complaints of the applicants under Article 6 of the Convention;Holds that these complaints disclose a breach of Article 11 of the Convention concerning the dispersal of the public assembly;Holds that there has been a violation of the Convention as regards the other complaints raised under 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
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 and costs and expenses per applicant
(in euros)[1]
50811/18
10/10/2018
Olga Petrovna PROSKURINA
1996
Zhdanov Ivan Yuryevich
Vilnius
Opposition manifestation
Voronezh
05/05/2018
Article 20.2 § 5 of CAO
fine of
RUB 10,000
Voronezh Regional Court
25/06/2018
Art. 6 (1) - lack of impartiality of tribunal - absence of the prosecuting party in the administrative-offence proceedings
3,500
10634/20
17/02/2020
Grigoriy Andreyevich ALIKHANOV
1990
Memorial Human Rights Centre
Moscow
Manifestation in support of Ivan Golunov
Moscow
12/06/2019
Article 20.2 § 6.1 of CAO
fine of
RUB 10,000
Moscow City Court
30/08/2019
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - lack of legal grounds for the applicant’s arrest and detention for more than 9 hours on 12/06/2019;
Art. 6 (1) - lack of impartiality of tribunal - absence of the prosecuting party in the administrative-offence proceedings
4,000
10700/20
17/02/2020
Pavel Sergeyevich POTEMKIN
1976
Memorial Human Rights Centre
Moscow
Manifestation in support of Ivan Golunov
Moscow
12/06/2019
Article 20.2 § 6.1 of CAO
fine of
RUB 15,000
Moscow City Court
08/10/2019
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - lack of legal grounds for arrest and detention on 12/06/2019;
Art. 6 (1) - lack of impartiality of tribunal - absence of the prosecuting party in the administrative-offence proceedings
4,000
10757/20
22/02/2020
Pavel Dmitriyevich LUBYANSKIY
1989
Memorial Human Rights Centre
Moscow
Manifestation in support of Ivan Golunov
Moscow
12/06/2019
Article 20.2 § 6.1 of CAO
fine of
RUB 15,000
Moscow City Court
26/08/2019
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and escorting to the police office on 12/06/2019 for the purpose of drawing up a record of administrative offence; detention in excess of
3 hours;
Art. 6 (1) - lack of impartiality of tribunal - absence of the prosecuting party in the administrative-offence proceedings
4,000
13757/20
29/02/2020
Andrey Nikolayevich BYCHKOV
1967
Chervonnyy Grigoriy Sergeyevich
Moscow
Manifestation in support of Ivan Golunov
Moscow
12/06/2019
Article 20.2 § 6.1 of CAO
fine of
RUB 20,000
Moscow City Court
30/08/2019
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest on 12/06/2019 for the purpose of drawing up a record of administrative offence and detention in excess of 3 hours;
Art. 6 (1) - lack of impartiality of tribunal - absence of the prosecuting party in the administrative-offence proceedings
4,000
13965/20
28/02/2020
Aleksandr Mikhaylovich YAKOVLEV
1999
Memorial Human Rights Centre
Moscow
Manifestation in support of Ivan Golunov
Moscow
12/06/2019
Article 20.2 § 6.1 of CAO
fine of
RUB 15,000
Moscow City Court
30/08/2019
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - lack of any legal grounds for the applicant’s arrest and escorting to the police station on 12/06/2019;
Art. 6 (1) - lack of impartiality of tribunal - absence of the prosecuting party in the administrative-offence proceedings
4,000
14194/20
02/03/2020
Pavel Ilyich KRASOVITSKIY
1994
Artur Vladimirovich OGANESOV
1998
Eysmont Mariya Olegovna
Moscow
Manifestation in support of Ivan Golunov
Moscow
12/06/2019
Article 20.2 § 6.1
fine of
RUB 10,000 to each of the applicants
Moscow City Court
22/10/2019
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Unlawful (unjustified) arrest on 12/06/2019 (both applicants) and detention in excess of
3 hours (see Frumkin, cited above, §§ 147-52);
Art. 6 (1) - lack of impartiality of tribunal - absence of the prosecuting party in the administrative-offence proceedings against both applicants
4,000
14713/20
10/03/2020
Leonid Aronovich KREMENETSKIY
1957
Goncharova Vera Velimirovna
Moscow
Manifestation in support of Ivan Golunov
Moscow
12/06/2019
Article 20.2 § 6.1 of CAO
fine of
RUB 20,000
Moscow City Court
10/10/2019
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 12/06/2019 in excess of
3 hours for the sole purpose of drawing up a record of administrative offence;
Art. 6 (1) - lack of impartiality of tribunal - absence of the prosecuting party in the administrative-offence proceedings;
4,000
14900/20
05/03/2020
Aleksandr Aleksandrovich NEZNAKHIN
1975
Manifestation in support of Ivan Golunov
Moscow
12/06/2019
Article 20.2 § 6.1 of CAO
fine of
RUB 10,000
Moscow City Court
06/09/2019
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and escorting to the police office on 12/06/2019 for the purpose of drawing up a record of administrative offence; detention in excess of
3 hours (raised on appeal);
Art. 6 (1) - lack of impartiality of tribunal - absence of the prosecuting party in the administrative-offence proceedings
4,000
14932/20
06/03/2020
Aleksandr Viktorovich SHMYROV
1986
Kostanova Anastasiya Yuryevna
Moscow
Manifestation in support of Ivan Golunov
Moscow
12/06/2019
Article 20.2 § 6.1 of CAO
fine of
RUB 10,000
Moscow City Court
06/09/2019
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - unlawful (unjustified) arrest on 12/06/2019 for the sole purpose of drawing up a record of administrative offence;
Art. 6 (1) - lack of impartiality of tribunal - absence of the prosecuting party in the administrative-offence proceedings
4,000
15380/20
12/03/2020
Yevgeniy Voldemarovich BERG
1990
Vasilyev Nikolay Vladimirovich
Moscow
Manifestation in support of Ivan Golunov
Moscow
12/06/2019
Article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
06/10/2019
Art. 6 (1) - lack of impartiality of tribunal - absence of the prosecuting party in administrative-offence proceedings
3,500
15388/20
12/03/2020
Mikhail Borisovich KAZINIK
1979
Vasilyev Nikolay Vladimirovich
Moscow
Manifestation in support of Ivan Golunov
Moscow
12/06/2019
Article 20.2 § 6.1 of CAO
fine of
RUB 15,000
Moscow City Court
14/10/2019
Art. 6 (1) - lack of impartiality of tribunal - absence of the prosecuting party in administrative-offence proceedings
3,500
18239/20
19/03/2020
Ivan Kirillovich PETROVSKIY
1998
Memorial Human Rights Centre
Moscow
Manifestation in support of Ivan Golunov
Moscow
12/06/2019
Article 20.2 § 6.1 of CAO
fine of
RUB 10,000
Moscow City Court
10/10/2019
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 12/06/2019 in excess of
3 hours 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
18240/20
19/03/2020
Anton Aleksandrovich MOCHALIN
1978
Memorial Human Rights Centre
Moscow
Manifestation for fair elections to Mosgorduma
Moscow
27/07/2019
Article 20.2 § 5 of CAO
30 hours of compulsory labour
Moscow City Court
16/09/2019
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 27/07/2019 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence;
Art. 6 (1) - lack of impartiality of tribunal - absence of the prosecuting party in administrative-offence proceedings
4,000
18241/20
19/03/2020
Sergey Valeryevich KAPRANOV
1992
Memorial Human Rights Centre
Moscow
Manifestation for fair elections to Mosgorduma
Moscow
03/08/2019
Article 20.2 § 5 of CAO
fine of
RUB 18,000
Moscow City Court
14/10/2019
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 03/08/2019 in excess of
3 hours for the sole purpose of drawing up a record of administrative offence;
Art. 6 (1) - lack of impartiality of tribunal - absence of the prosecuting party in administrative-offence proceedings
4,000
19622/20
17/03/2020
Gleb Dmitriyevich VAZHDAYEV
1995
Vasilyev Nikolay Vladimirovich
Moscow
Manifestation in support of Ivan Golunov
Moscow
12/06/2019
Article 20.2 § 6.1 of CAO
fine of
RUB 10,000
Moscow City Court
18/09/2019
Art. 6 (1) - lack of impartiality of tribunal - absence of the prosecuting party in administrative-offence proceedings
3,500
20023/20
23/03/2020
Yuliya Valeryevna PRIKHODKO
1974
Memorial Human Rights Centre
Moscow
Manifestation for fair elections to Mosgorduma
Tverskaya str., Moscow
27/07/2019
Article 20.2 § 5 of CAO
fine of
RUB 20,000
Moscow City Court
24/09/2019
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - unlawful (unjustified) arrest on 27/07/2019 for the sole purpose of drawing up a record of administrative offence;
Art. 6 (1) - lack of impartiality of tribunal - absence of the prosecuting party in administrative-offence proceedings
4,000
20335/20
27/03/2020
Yevgeniy Igorevich NYNNIK
1998
Mezak Ernest Aleksandrovich
Saint-Barthélemy d’Anjou
Manifestation in support of Ivan Golunov
Rozhdestvenskiy boulevard, Moscow
12/06/2019
Article 20.2 § 6.1 of CAO
fine of
RUB 10,000
Moscow City Court
28/11/2019
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - unlawful (unjustified) arrest on 12/06/2019 for the sole purpose of drawing up a record of administrative offence;
Art. 6 (1) - lack of impartiality of tribunal - absence of the prosecuting party in administrative-offence proceedings
4,000
25386/20
12/05/2020
Arseniy Konstantinovich MARKIN
2000
Manifestation for fair elections to Mosgorduma
Moscow
03/08/2019
Article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
14/11/2019
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - unlawful detention on 03/08/2019, detention in excess of 3 hours;
Art. 6 (1) - lack of impartiality of tribunal - absence of the prosecuting party in administrative-offence proceedings
4,000
44159/20
17/09/2020
Ilya Igorevich MOZYRSKIY
1989
Eysmont Mariya Olegovna
Moscow
Manifestation for fair elections in Mosgorduma
Moscow
03/08/2019
Article 20.2 § 5 of CAO
fine of
RUB 15,000
Moscow City Court
18/03/2020
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 03/08/2019 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence;
Art. 6 (1) - lack of impartiality of tribunal - absence of the prosecuting party in administrative-offence proceedings
4,000
[1] Plus any tax that may be chargeable to the applicants.