FOURTH SECTION
CASE OF SKOROKHODOV AND OTHERS v. RUSSIA
(Applications nos. 16047/21 and 16 others –
see appended list)
JUDGMENT
STRASBOURG
28 March 2024
This judgment is final but it may be subject to editorial revision.
In the case of Skorokhodov and Others v. Russia,
The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:
Branko Lubarda, President,
Armen Harutyunyan,
Ana Maria Guerra Martins, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 7 March 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.
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 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.
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, 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 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; and 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).
REMAINING COMPLAINTS14. Some applicants raised 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 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 decides that it is not necessary to examine the other aspects of the complaints raised by some applicants under Article 6 of the Convention;Holds that these applications 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 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 28 March 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Branko Lubarda
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]
16047/21
05/03/2021
Sergey Nikolayevich SKOROKHODOV
1991
Memorial Human Rights Centre
Moscow
Rally for fair elections to Mosgorduma
Moscow
03/08/2019
article 20.2 § 5 of CAO
fine of
RUB 15,000
Moscow City Court
24/09/2020
Art. 5 (1) - unlawful detention - arrest and detention on 03/08/2019 for the sole purpose of drawing 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
16347/21
09/03/2021
Aleksandr Gegamovich MURADYAN
1976
Aksenova Darya Dmitriyevna
Kolomna
Rally against the amendments to the Constitution
Moscow
15/07/2020
article 20.2 § 6.1 of CAO
fine of
RUB 20,000
Moscow City Court
10/09/2020
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 15/07/2020 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
16588/21
02/03/2021
Sergey Vladimirovich ERSHOV
1978
Gilmanov Mansur Idrisovich
Podolsk
Opposition rally
Moscow
22/06/2020
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
16/11/2020
Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 22/06/2020 for the sole purpose of drawing a record of administrative offence (such record drawn up on 15/07/2020),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
16783/21
02/03/2021
Igor Nikolayevich AFANASYEV
1968
Gilmanov Mansur Idrisovich
Podolsk
Opposition rally
Moscow
22/06/2020
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
16/11/2020
Art. 5 (1) - unlawful detention - arrest and detention on 22/06/2020 for the sole purpose of drawing a record of administrative offence (such record drawn up on 16/07/2020),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
17041/21
10/03/2021
Nikolay Vladimirovich KOMAROV
1987
Glukhov Aleksey Vladimirovich
Novocheboksarsk
Rally against amendments to the Constitution and COVID-19 restrictions
Samara
21/06/2020
article 20.2 § 5 of CAO
fine of
RUB 10,000
Samara Regional Court
10/09/2020
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
3,500
17144/21
15/03/2021
Emil Rolanovich YUNUSOV
2000
Sirosh Fedor Yevgenyevich
Moscow
A stroll in support of Ilya Azar
Moscow
05/06/2020
article 20.2 § 5 of CAO
fine of
RUB 20,000
Moscow City Court
16/09/2020
Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 08/06/2020 for the sole purpose of drawing up an administrative offence record in respect of the events of 05/06/2020,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
17336/21
09/03/2021
Natalya Anatolyevna TRUBINA
1984
Vasin Vladimir Valeryevich
Krasnoyarsk
Rally in support of Khabarovsk protests
Krasnoyarsk
08/08/2020
article 20.2 § 2 of CAO
fine of
RUB 20,000
Krasnoyarsk Regional Court
10/09/2020
Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention between 08/08/2020 and 09/08/2020 as administrative suspect, after the offence record had been drawn up on 08/08/2020,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
19425/21
15/03/2021
Roman Grigiryevich KARTSEV
2002
Pomazuyev Aleksandr Yevgenyevich
Vilnius
Rally in support of A. Navalnyy
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
administrative detention of 5 days
Moscow City Court
05/02/2021
Art. 5 (1) - unlawful detention - arrest and detention between 31/01/2021 and 01/02/2021 as administrative suspect, after the offence record had been drawn up
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
5,000
19516/21
17/03/2021
Valentina Aleksandrovna VAKULENKO
1957
Gilmanov Mansur Idrisovich
Podolsk
Rally against authorities
Moscow
22/06/2020
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
16/12/2020
Art. 5 (1) - unlawful detention - arrest and detention on 22/06/2020 in excess of 3 hours for the sole purpose of drawing a record of administrative offence (such record was compiled on 20/07/2020);
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
19635/21
23/03/2021
Yelena Nikolayevna SAMBORSKAYA
1974
Tunikov Mikhail Igorevich
Vladivostok
Rally in support of
S. Furgal
Vladivostok
01/08/2020
article 20.2 § 5 of CAO
fine of
RUB 10,000
Primorye Regional Court
05/10/2020
3,500
20145/21
23/03/2021
Yegor Alekseyevich POROKHOVOY
2001
Memorial Human Rights Centre
Moscow
Rally in support of A. Navalnyy
Volgograd
23/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Volgograd Regional Court
03/03/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
3,500
20384/21
21/03/2021
Ilnur Diazettinovich BAYGAZIN
1994
Mullanurov Aydar Azatovich
Ufa
Rally for protection of Kushtau mountain
Bashkortostan Republic
15/08/2020
article 19.3 § 1 of CAO
fine of
RUB 600
Supreme Court of the Bashkortostan Republic
21/09/2020
Art. 5 (1) - unlawful detention - unlawful detention on 15/08/2020 for more than 3 hours for the sole purpose of drawing 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
22175/21
07/04/2021
Nadezhda Ivanovna KUZNETSOVA
1958
Rally in support of A. Navalnyy
Volgograd
31/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Volgograd Regional Court
10/03/2021
3,500
22251/21
08/04/2021
Talgat Albertovich AKHMADIYEV
1992
Rally in support of A. Navalnyy
Kazan
23/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Supreme Court of the Tatarstan Republic
24/02/2021
Art. 5 (1) - unlawful detention - arrest and escorting to a police station, detention between 23/01/2021 and 25/01/2021 as administrative suspect, after the offence record had been compiled
4,000
22597/21
02/04/2021
Timur Robertovich SLAYEV
2000
Pomazuyev Aleksandr Yevgenyevich
Vilnius
Rally in support of A. Navalnyy
Saransk
23/01/2021
article 20.2 § 6.1 of CAO
fine of
RUB 10,000
Supreme Court of the Mordovia Republic
03/03/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention between 23/01/2021 and 24/01/2021 as administrative suspect, after the offence record had been compiled on 23/01/2021; arrest recorded about 10 hours after the actual apprehension,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
23082/21
27/04/2021
Andrey Aleksandrovich ALEKSANDROV
1989
Molokhov Aleksandr Vladimirovich
Moscow
Rally in support of A. Navalnyy
Moscow
23/01/2021
article 20.2 § 6.1 of CAO
administrative detention of
5 days
Moscow City Court
02/03/2021
Art. 5 (1) - unlawful detention - arrest, escorting to s police station, detention on 23/01/2021 for the sole purpose of drawing up a record of administrative offence (such record drawn up on 28/01/2021),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
5,000
32555/21
15/06/2021
Daniil Sergeyevich MASALKIN
2002
Pershakova Yelena Yuryevna
Moscow
Commemorating the anniversary of the October Revolution
Perm
07/11/2020
article 20.2 § 5 of CAO
community service of
20 hours
Perm Regional Court
29/01/2021
Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 07/11/2020 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
[1] Plus any tax that may be chargeable to the applicants.