THIRD SECTION
CASE OF SULAKADZE AND OTHERS v. RUSSIA
(Applications nos. 52527/18 and 23 others –
see appended list)
JUDGMENT
STRASBOURG
2 March 2023
This judgment is final but it may be subject to editorial revision.
In the case of Sulakadze and Others v. Russia,
The European Court of Human Rights (Third Section), sitting as a Committee composed of:
Darian Pavli, President,
Ioannis Ktistakis,
Andreas Zünd, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 2 February 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 and/or participants of public assemblies. They also raised other complaints under the provisions of the Convention and the Protocols thereto.
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 organisers and/or participants of public assemblies, namely the dispersal of these assemblies, as well as their arrest followed by their conviction for administrative offences. 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 cases.
9. 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”.
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 and its Protocol in the light of its well-established case-law (see Butkevich v. Russia, no. 5865/07, §§ 63-65, 13 February 2018, Kalyapin v. Russia, no. 6095/09, § 76, 23 July 2019, and Korneyeva v. Russia, no. 72051/17, §§ 34-36, 8 October 2019, concerning different aspects of unlawful deprivation of liberty of the organisers or participants of public events, Karelin v. Russia, no. 926/08, 20 September 2016, concerning examination of criminal cases in the absence of a prosecuting party in the judicial proceedings governed by the Federal Code of Administrative Offences (CAO), Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 178-91, 10 April 2018, and Martynyuk v. Russia, no. 13764/15, §§ 38-42, 8 October 2019, related to the lack of a suspensive effect of an appeal and immediate execution of a sentence of administrative detention).
Remaining complaints13. In view of the above findings in paragraph 12, the Court considers that there is no need to deal separately with the remaining complaints under Article 6 of the Convention concerning other aspects of the fairness of the administrative-offence proceedings.
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, most recently, Savelov and others v. Russia [Committee], no. 62815/10 and 5 others, 1 December 2022), the Court finds it reasonable to award the sums indicated in the appended table and dismisses the remainder of the applicants’ claims for just satisfaction.
FOR THESE REASONS, THE COURT, UNANIMOUSLY,
Decides to join the applications;Declares the complaints concerning the dispersal of the public assemblies and the other complaints under well-established case-law of the Court, as set out in the appended table, admissible, and decides that it is not necessary to examine separately remaining complaints under Article 6 of the Convention concerning other aspects of the fairness of the administrative-offence proceedings;Holds that these complaints 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 and the Protocol thereto 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;
Dismisses the reminder of the applicants’ claims for just satisfaction.Done in English, and notified in writing on 2 March 2023, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Darian Pavli
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 (Article of CAO)
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]
52527/18
24/10/2018
Oleg Georgiyevich SULAKADZE
1949
Sholokhov Igor Nikolayevich
Kazan
Mother’s Day in Ostankino
Moscow
11/03/2018
Article 20.2 § 5
fine of RUB 20,000
Moscow City Court
14/05/2018
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings - Moscow City Court, 14/05/2018
3,900
52531/18
24/10/2018
Svetlana Vadimovna KRYLOVA
1981
Sholokhov Igor Nikolayevich
Kazan
Manifestation against Mr Putin’s re‑election
Kazan
05/05/2018
Article 20.2 § 5
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
08/08/2018
Art. 5 (1) - unrecorded detention and in excess of three hours, on 04/07/2018, when the applicant was called to the police station to draw up a record of administrative offence related to the participation in manifestation on 05/05/2018, she remained detained until the first instance hearing in the administrative-offence proceedings;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings - Supreme Court of the Tatarstan Republic, 08/08/2018
3,900
1194/19
11/12/2018
Sergey Alekseyevich BRENYUK
1954
Ivanets Vyacheslav Sergeyevich
Tbilisi, Georgia
Meeting with electorate
Angarsk
22/08/2020
Political Manifestation
Angarsk
22/08/2020
Manifestation against pension reform
Angarsk
04/09/2018
Article 20.2 § 1
Article 20.2 § 2
Article 20.2 § 2
fine of RUB 10,000
fine of RUB 25,000
fine of RUB 20,000
Irkutsk Regional Court
27/10/2020
Irkutsk Regional Court
27/10/2020
Irkutsk Regional Court
08/11/2018
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the three sets of the administrative-offence proceedings indicated in column no. 8
3,900
11860/19
07/02/2019
Igor Olegovich MARTYNENKO
1993
Pershakova Yelena Yuryevna
Moscow
Artistic manifestation
Irkutsk
01/05/2018
Article 20.2 § 2
fine of RUB 25,000
Irkutsk Regional Court
07/08/2018
Art. 5 (1) – Partially unrecorded detention as administrative suspect on 14/06/2018 and 15/06/2018, in excess of three hours;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings - Irkutsk Regional Court, 07/08/2018
3,900
31151/19
27/05/2019
Roman Vladimirovich MALCHIKOV
1980
Sozonov Ruslan Vladimirovich
Nizhniy Novgorod
Manifestation against pension reform
Nizhniy Novgorod
09/09/2018
Article 20.2 § 6.1
10 days’ administrative detention
Nizhniy Novgorod Regional Court
06/12/2018
Art. 5 (1) - detention as administrative suspect on 02/10/2018, in excess of three hours, for the 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 the administrative-offence proceedings- Nizhniy Novgorod Regional Court, 06/12/2018;
Prot. 7 Art. 2 - the sentence of administrative detention imposed by the first instance court was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
3,900
51001/19
19/09/2019
Oleg Yuryevich YESHEVSKIY
1970
Sholokhov Igor Nikolayevich
Kazan
Manifestation against a landfill construction
Arkhangelsk
07/04/2019
Article 20.2 § 5
fine of RUB 12,000
Arkhangelsk Regional Court
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 - Arkhangelsk Regional Court, 13/08/2019
3,900
53511/19
25/09/2019
Dmitriy Sergeyevich TOMATIN
1992
Sholokhov Igor Nikolayevich
Kazan
Manifestation against a landfill construction
Arkhangelsk
07/04/2019
Article 20.2 § 5
fine of RUB 13,900
Arkhangelsk Regional Court
27/06/2019
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings - Arkhangelsk Regional Court, 27/06/2019
3,900
54131/19
26/09/2019
Igor Stanislavovich MOKHNATKIN
1985
Sholokhov Igor Nikolayevich
Kazan
Manifestation against a landfill construction
Arkhangelsk
07/04/2019
Article 20.2 § 6.1 of CAO
fine of RUB 14,000
Arkhangelsk Regional Court
20/06/2019
Art. 5 (1) - arrest on 19/05/2019 and an overnight detention as administrative suspect in order to be escorted for the hearing in the trial court;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings - Arkhangelsk Regional Court, 20/06/2019
3,900
59286/19
31/10/2019
Mariya Viktorovna KOSTENKO
1987
Sholokhov Igor Nikolayevich
Kazan
Manifestation against a landfill construction
Arkhangelsk
07/04/2019
Article 20.2 § 6.1
fine of RUB 14,000
Arkhangelsk Regional Court
17/05/2019
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings - Arkhangelsk Regional Court, 17/05/2019
3,900
6793/20
17/01/2020
Anton Yuryevich YEGOROV
1990
Memorial Human Rights Centre
Moscow
Manifestation for fair elections to Mosgorduma
Moscow
03/08/2019
Article 20.2 § 5
fine of RUB 10,000
Moscow City Court
16/09/2019
Art. 5 (1) - detention as administrative suspect on 03/08/2019, in excess of three hours, for the 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 the administrative-offence proceedings - Moscow City Court, 16/09/2019
3,900
7776/20
17/01/2020
Denis Sergeyevich NOCHEVKA
1992
Benyash Mikhail Mikhaylovich
Sochi
Manifestation against the pension reform
Krasnodar
09/09/2018
Article 20.2 § 5
fine of RUB 10,000
Krasnodar Regional Court
23/07/2019
Art. 5 (1) - detention as administrative suspect on 09/09/2018, in excess of three hours, for the 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 the administrative-offence proceedings - Krasnodar Regional Court, 23/07/2019
3,900
8432/20
24/01/2020
Ivan Viktorovich LEONTYEV
1982
Sholokhov Igor Nikolayevich
Kazan
Manifestation against a landfill construction
Arkhangelsk
07/04/2019
Article 20.2 § 6
fine of RUB 10,000
Arkhangelsk Regional Court
21/11/2019
Art. 5 (1) - detention as administrative suspect on 17/10/2019 - 18/10/2019, in excess of three hours, for the 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 the administrative-offence proceedings - Arkhangelsk Regional Court, 21/11/2019
3,900
8433/20
24/01/2020
Yuriy Nikolayevich SHCHERBACHEV
1951
Sholokhov Igor Nikolayevich
Kazan
Manifestation against a landfill construction
Arkhangelsk
07/04/2019
Article 20.0 § 8
fine of RUB 160,000
Arkhangelsk Regional Court
26/11/2019
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings - Arkhangelsk Regional Court, 26/11/2019
5,000
10138/20
13/02/2020
Konstantin Nikolayevich KOBANENKO
1969
Memorial Human Rights Centre
Moscow
Manifestation for fair elections to Mosgorduma
Moscow
03/08/2019
Article 20.2 § 5
fine of RUB 15,000
Moscow City Court
20/09/2019
Art. 5 (1) – detention as administrative suspect on 03/08/2019, in excess of three hours, for the 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 the administrative-offence proceedings - Moscow City Court, 20/09/2019
3,900
10143/20
13/02/2020
Aleksey Igorevich VOROBYEV
1991
Memorial Human Rights Centre
Moscow
Manifestation for fair elections to Mosgorduma
Moscow
03/08/2019
Article 20.2 § 5
fine of RUB 20,000
Moscow City Court
16/09/2019
Art. 5 (1) - detention as administrative suspect on 03/08/2019, in excess of three hours, for the 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 the administrative-offence proceedings - Moscow City Court, 16/09/2019
3,900
10260/20
13/02/2020
Vladislav Vagifovich SEYFULLAYEV
1979
Memorial Human Rights Centre
Moscow
Manifestation for fair elections to Mosgorduma
Moscow
03/08/2019
Article 20.2 § 5
fine of RUB 10,000
Moscow City Court
08/10/2019
Art. 5 (1) - detention as administrative suspect on 03/08/2019, in excess of three hours, for the 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 the administrative-offence proceedings - Moscow City Court, 08/10/2019
3,900
10264/20
13/02/2020
Kirill Yevgenyevich DUSHIN
1988
Memorial Human Rights Centre
Moscow
Manifestation for fair elections to Mosgorduma
Moscow
03/08/2019
Article 20.2 § 5
fine of RUB 20,000
Moscow City Court
24/10/2019
Art. 5 (1) - detention as administrative suspect on 03/08/2019, in excess of three hours, for the 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 the administrative-offence proceedings - Moscow City Court, 24/10/2019
3,900
10972/20
07/02/2020
Rinat Munirovich DUBIN
1993
Memorial Human Rights Centre
Moscow
Manifestation for fair elections to Mosgorduma
Moscow
03/08/2019
Article 20.2 § 5
fine of RUB 15,000
Moscow City Court
02/10/2019
Art. 5 (1) - detention as administrative suspect on 03/08/2019, in excess of three hours, for the 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 the administrative-offence proceedings - Moscow City Court, 02/10/2019
3,900
11159/20
07/02/2020
Artem Aleksandrovich VITYUTNEV
1991
Memorial Human Rights Centre
Moscow
Manifestation for fair elections to Mosgorduma
Moscow
03/08/2019
Article 20.2 § 5
fine of RUB 15,000
Moscow City Court
18/10/2019
Art. 5 (1) - detention as administrative suspect on 03/08/2019, in excess of three hours, for the 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 the administrative-offence proceedings - Moscow City Court, 18/10/2019
3,900
14072/20
28/02/2020
Yelena Aleksandrovna SHVAREVA
1979
Sholokhov Igor Nikolayevich
Kazan
Manifestation against a landfill construction
Arkhangelsk
07/04/2019
Article 20.2 § 5
fine of RUB 11,000
Arkhangelsk Regional Court
21/01/2020
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings - Arkhangelsk Regional Court, 21/01/2020
3,900
14858/20
28/02/2020
Artur Vladimirovich NOVIKOV
1999
Sholokhov Igor Nikolayevich
Kazan
Manifestation against a landfill construction
Arkhangelsk
07/04/2019
Article 20.2 § 5
fine of RUB 12,000
Arkhangelsk Regional Court
21/01/2020
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings - Arkhangelsk Regional Court, 21/01/2020
3,900
27965/20
25/06/2020
Alim Nazirovich AKHKUBEKOV
1991
Memorial Human Rights Centre
Moscow
Manifestation for fair elections to Mosgorduma
Moscow
27/07/2019
Article 20.2 § 6.1
fine of RUB 10,000
Moscow City Court
06/11/2019
Art. 5 (1) - detention as administrative suspect on 27/07/2019, in excess of three hours, for the 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 the administrative-offence proceedings - Moscow City Court, 06/11/2019
3,900
29895/20
13/07/2020
Vitaliy Valeryevich ZOTOV
1992
Memorial Human Rights Centre
Moscow
Manifestation for fair elections to Mosgorduma
Moscow
27/07/2019
Article 20.2 § 5
fine of RUB 15,000
Moscow City Court
24/10/2019
Art. 5 (1) – overnight detention as administrative suspect on 27/07/2019, in excess of three hours, for the 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 the above administrative-offence proceedings - Moscow City Court, 24/10/2019
3,900
29995/20
13/07/2020
Aleksandr Eduardovich SOLODOVNIK
1991
Memorial Human Rights Centre
Moscow
Manifestation for fair elections to Mosgorduma
Moscow
27/07/2019
Article 20.2 § 5
fine of RUB 15,000
Moscow City Court
20/01/2020
Art. 5 (1) - detention as an administrative suspect on 27/07/2019, in excess of three hours, for the 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 the administrative-offence proceedings - Moscow City Court, 20/01/2020
3,900
[1] Plus any tax that may be chargeable to the applicants.