THIRD SECTION
CASE OF STALIN AND OTHERS v. RUSSIA
(Applications nos. 2825/21 and 31 others –
see appended list)
JUDGMENT
STRASBOURG
14 December 2023
This judgment is final but it may be subject to editorial revision.
In the case of Stalin 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 23 November 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 organisers or participants of public assemblies. They also raised other complaints under the provisions of the Convention.
THE LAWJOINDER OF THE APPLICATIONS
5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.JURISDICTION
6. 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 CONVENTION
7. 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-LAW
12. 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 Butkevich v. Russia, no. 5865/07, §§ 63-67, 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 (CAO); and Martynyuk v. Russia, no. 13764/15, §§ 38-42, 8 October 2019, relating to the lack of suspensive effect of an appeal against the sentence of administrative detention.REMAINING COMPLAINTS
14. Some applicants raised further additional complaints under the Convention or Protocols to it. 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 CONVENTION
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;Holds that it has jurisdiction to deal with the applicants’ complaints 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 finds that there is no need to examine separately the remaining complaints;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 December 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]
2825/21
05/12/2020
Damir Islamovich STALIN
1970
Peredruk Aleksandr Dmitriyevich
St Petersburg
Political rally
Samara,
21/06/2020
Rally to support A. Navalnyy
Samara,
23/01/2021
article 20.2 § 2 of CAO
article 20.2 § 5 of CAO
5 days of detention
(quashed on appeal)
15 hours of community work
Samara Regional Court
30/06/2020
Samara Regional Court
15/04/2021
Art. 5 (1) - unlawful detention - (i) delay of more than a few hours in releasing the applicant (after the appeal decision of 30/06/2020 by Samara Regional Court, quashing his sentence to 5-day detention, he was released on 01/07/2020); (ii) on 05/02/2021 escorting to a police station for compiling an offence report in relation to the rally on 23/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings in 2021,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - lack of suspensive effect of an appeal against the sentence of detention in 2020.
5,000
20302/21
14/03/2021
Denis Vasilyevich GRUBENKO
1989
Vasin Vladimir Valeryevich
Krasnoyarsk
Rally to support S. Furgal
Krasnoyarsk,
01/08/2020
Rally to support A. Navalnyy
Krasnoyarsk,
21/04/2021
article 20.2 § 5 of CAO
article 20.2 § 8 of CAO
fine of RUB 10,000
3 days of detention
Krasnoyarsk Regional Court
24/09/2020
Krasnoyarsk Regional Court
17/06/2021
Art. 5 (1) - unlawful detention - on 21/04/2021 and 23-24/04/2021 escorting to and detention in a police station for compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - lack of suspensive effect of an appeal against the sentence of detention.
5,000
21107/21
05/04/2021
Vladimir Ivanovich CHERNYSHEV
1966
Sokolov Yevgeniy Vladislavovich
Belgorod
Rally to support A. Navalnyy
Belgorod,
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Belgorod Regional Court
22/03/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
3,500
29390/21
11/05/2021
Vitaliy Mikhaylovich GUREYEV
2002
Aksenova Darya Dmitriyevna
Kolomna
Rally to support A. Navalnyy
Moscow,
31/01/2021
article 20.2 § 6.1 of CAO
12 days of detention
Moscow City Court
12/02/2021
Art. 5 (1) - unlawful detention - on 31/01/2021 - 01/02/2021 detention in a police station after compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
5,000
29391/21
11/05/2021
Nikita Aleksandrovich BUDKIN
1990
Aksenova Darya Dmitriyevna
Kolomna
Rally to support A. Navalnyy
Moscow,
23/01/2021
article 20.2 § 6.1 of CAO
10 days of detention
Moscow City Court
22/03/2021
Art. 5 (1) - unlawful detention - on 30/01/2021- 01/02/2021 escorting to and detention in a police station for and after compiling an offence report in relation to the rally on 23/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
5,000
29604/21
11/05/2021
Anna Arkadyevna KHORT
2002
Aksenova Darya Dmitriyevna
Kolomna
Rally to support A. Navalnyy
Moscow,
31/01/2021
article 20.2 § 6.1 of CAO
15 days of detention
Moscow City Court
09/02/2021
Art. 5 (1) - unlawful detention - on 31/01/2021 escorting to and detention in a police station for compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
5,000
31685/21
07/06/2021
Anna Gennadyevna SHCHEBET
1980
Memorial Human Rights Centre
Moscow
Rally to support A. Navalnyy
Bryansk,
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Bryansk Regional Court
10/03/2021
Art. 5 (1) - unlawful detention - on 31/01/2021 escorting to a police station for compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
4,000
33900/21
03/06/2021
Sergey Aleksandrovich KAN
1986
Glukhov Aleksey Vladimirovich
Novocheboksarsk
Rally to support A. Navalnyy
Cheboksary,
23/01/2021
Anticorruption rally
Cheboksary,
21/04/2021
article 20.2 § 5 of CAO
article 20.2 § 8 of CAO
fine of RUB 10,000
5 days of detention
Supreme Court of the Chuvashia Republic
19/02/2021
Supreme Court of the Chuvashia Republic
30/04/2021
Art. 5 (1) - unlawful detention - on 30/01/2021 escorting to a police station for compiling an offence report in relation to the rally on 23/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of administrative-offence proceedings,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - lack of suspensive effect of an appeal against the sentence of detention.
5,000
34698/21
18/06/2021
Mariya Aleksandrovna YURCHENKO
1998
Peredruk Aleksandr Dmitriyevich
St Petersburg
Rally against amendments to the Constitution
St Petersburg,
15/03/2020
article 20.2 § 5 of CAO
fine of RUB 10,000
St Petersburg City Court
22/12/2020
Art. 5 (1) - unlawful detention - on 15/03/2020 escorting to a police station for compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
4,000
34898/21
03/06/2021
Sergey Aleksandrovich CHEREDNIK
1980
Aksenova Darya Dmitriyevna
Kolomna
Rally to support A. Navalnyy
Moscow,
31/01/2021
article 20.2 § 6.1 of CAO
14 days of detention
Moscow City Court
12/02/2021
Art. 5 (1) - unlawful detention - on 31/01/2021-01/02/2021 detention in a police station after compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
5,000
35155/21
25/06/2021
Dmitriy Alekseyevich SMIRNOV
1992
Memorial Human Rights Centre
Moscow
Rally to support A. Navalnyy
Moscow,
17/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 20,000
Moscow City Court
02/04/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
3,500
35158/21
25/06/2021
Artem Nikolayevich LAPIN
1983
Memorial Human Rights Centre
Moscow
Rally to support A. Navalnyy
Moscow,
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Moscow City Court
11/05/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
3,500
35189/21
18/06/2021
Andrey Vladimirovich BORTNIKOV
1997
Memorial Human Rights Centre
Moscow
Rally to support A. Navalnyy
Moscow,
31/01/2021
article 20.2 § 6.1 of CAO
8 days of detention
Moscow City Court
08/02/2021
Art. 5 (1) - unlawful detention - on 31/01/2021-01/02/2021 detention in a police station after compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - lack of a suspensive effect of an appeal against the sentence of detention.
5,000
35191/21
18/06/2021
Aleksandra Aleksandrovna KLYUKA
1995
Memorial Human Rights Centre
Moscow
Rally to support A. Navalnyy
Moscow,
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
20/04/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
3,500
35192/21
18/06/2021
Artem Sergeyevich MARTIROSOV
1999
Memorial Human Rights Centre
Moscow
Rally to support A. Navalnyy
Moscow,
23/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Moscow City Court
30/03/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
3,500
36361/21
30/06/2021
Andrey Viktorovich DRUZHININ
1987
Memorial Human Rights Centre
Moscow
Rally to support A. Navalnyy
Moscow,
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
26/04/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
3,500
36372/21
30/06/2021
Tatyana Andreyevna MASLOVA
1991
Memorial Human Rights Centre
Moscow
Rally to support A. Navalnyy
Tyumen,
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Tyumen Regional Court
15/03/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
3,500
36390/21
30/06/2021
Nikolay Igorevich IVANOV
1992
Memorial Human Rights Centre
Moscow
Rally to support A. Navalnyy
Moscow,
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
14/04/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
3,500
36732/21
07/07/2021
Rostislav Vladimirovich NEKENOV
1987
Bochilo Anna Yevgenyevna
Barnaul
Protest action
Moscow,
07/11/2020
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
22/04/2021
Art. 5 (1) - unlawful detention - on 07/11/2020 escorting to a police station for compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
36767/21
13/07/2021
Yekarerina Aleksandrovna PONOMAREVA
1996
Markin Konstantin Aleksandrovich
Velikiy Novgorod
Rally to support A. Navalnyy
Novgorod,
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Novgorod Regional Court
25/02/2021
Art. 5 (1) - unlawful detention - on 23/01/2021 escorting to a police station for compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
4,000
36884/21
12/07/2021
Mikhail Mikhaylovich DEYEV
1998
Pershakova Yelena Yuryevna
Moscow
Rally to support A. Navalnyy
Moscow,
02/02/2021
article 20.2 § 6.1 of CAO
15 days of detention
Moscow City Court
11/02/2021
Art. 5 (1) - unlawful detention - on 03/02/2021 escorting to and detention in a police station for and after compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - lack of suspensive effect of an appeal against the sentence of detention.
5,000
36929/21
16/07/2021
Fedor Gennadyevich PARSHIKOV
2002
Memorial Human Rights Centre
Moscow
Rally to support A. Navalnyy
Moscow,
31/01/2021
article 20.2 § 6.1 of CAO
8 days of detention
Moscow City Court
08/04/2021
Art. 5 (1) - unlawful detention - on 31/01/2021-01/02/2021 detention in a police station after the compiling of the offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - lack of suspensive effect of an appeal against the sentence of detention.
5,000
37333/21
08/07/2021
Yevgeniy Gennadyevich KALKAYEV
1977
Aksenova Darya Dmitriyevna
Kolomna
Rally to support A. Navalnyy
Moscow,
31/01/2021
article 20.2 § 6.1 of CAO
10 days of detention
Moscow City Court
22/03/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
5,000
37815/21
12/07/2021
Andrey Viktorovich NAZAROV
1992
Pershakova Yelena Yuryevna
Moscow
Rally to support A. Navalnyy
Moscow,
31/01/2021
article 20.2 § 6.1 of CAO
15 days of detention
Moscow City Court
05/02/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - lack of suspensive effect of an appeal against the sentence of detention.
5,000
38199/21
13/07/2021
Maksim Vladimirovich YEVSIN
1992
Zatonskaya Yuliya Vladimirovna
Lipetsk
Rally to support A. Navalnyy
Lipetsk,
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Lipetsk Regional Court
25/02/2021
Art. 5 (1) - unlawful detention - on 23/01/2021 escorting to a police station for compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
4,000
38403/21
02/07/2021
Dmitriy Sergeyevich VOLKOV
1986
Memorial Human Rights Centre
Moscow
Rally to support A. Navalnyy
Pskov,
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Pskov Regional Court
26/04/2021
Art. 5 (1) - unlawful detention - on 31/01/2021 escorting to a police station for compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
4,000
38547/21
24/07/2021
Vladimir Sergeyevich NEMANOV
1996
Petrova Polina Artemovna
Moscow
Rally to support A. Navalnyy
Moscow,
31/01/2021
article 20.2 § 6.1 of CAO
10 days of detention
Moscow City Court
04/02/2021
Art. 5 (1) - unlawful detention - on 31/01/2021-01/02/2021 detention in a police station after compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
5,000
38986/21
22/07/2021
Oleg Valeryevich IVANOV
1997
Memorial Human Rights Centre
Moscow
Rally to support A. Navalnyy
Stavropol,
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Stavropol Regional Court
28/04/2021
Art. 5 (1) - unlawful detention - on 31/01/2021 escorting to a police station for compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
4,000
39153/21
19/07/2021
Sergey Petrovich SEROV
1997
Bochilo Anna Yevgenyevna
Barnaul
Rally to support A. Navalnyy
Kazan,
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
12/05/2021
Art. 5 (1) - unlawful detention - on 31/01/2021 escorting to a police station for compiling an offence report.
4,000
39215/21
28/07/2021
Guzel Salavatovna VASIKOVA
1992
Memorial Human Rights Centre
Moscow
Rally to support A. Navalnyy
Kazan,
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
31/03/2021
Art. 5 (1) - unlawful detention - on 31/01/2021-01/02/2021 escorting to and detention in a police station for and after compiling an offence report.
4,000
39345/21
22/07/2021
Igor Svyatoslavovich SHAPOVALOV
1991
Memorial Human Rights Centre
Moscow
Rally to support A. Navalnyy
Moscow,
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
19/05/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
3,500
46922/21
30/08/2021
Aleksandr Nikolayevich ZHELTUKHIN
1986
Bannikov Ruslan Yuryevich
Voronezh
Rally to support A. Navalnyy
Voronezh,
23/01/2021
article 20.2 § 2 of CAO
7 days of detention
Voronezh Regional Court
10/03/2021
Art. 5 (1) - unlawful detention - on 23/01/2021 escorting to and detention in a police station for and after compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceeding.
5,000
[1] Plus any tax that may be chargeable to the applicants.
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