SECOND SECTION
CASE OF TARASENKO AND OTHERS v. RUSSIA
(Applications nos. 51391/21 and 30 others –
see appended list)
JUDGMENT
STRASBOURG
7 December 2023
This judgment is final but it may be subject to editorial revision.
In the case of Tarasenko 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 16 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. Some applicants 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, §§ 63-65, 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); 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 complaints under Article 6 of the Convention alleging various aspects of unfairness of the administrative‑offence proceedings. In view of the findings in paragraph 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 under Article 6 of the Convention;Holds that these complaints 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 7 December 2023, 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 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]
51391/21
22/09/2021
Ivan Nikolayevich TARASENKO
1998
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
detention of 7 days
Moscow City Court
02/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 11.40 p.m. on 02/02/2021 until 2.00 p.m. on 03/02/2021;
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 - 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
51907/21
30/09/2021
Zakhar Dmitriyevich ALEKSEYEV
2001
Vladislav Vladimirovich Kosnyrev
Syktyvkar
Rally "Free Navalnyy"
Syktyvkar
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Komi Republic
31/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1.30 p.m. until 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.
4,000
51910/21
23/09/2021
Ivan Albertovich OVECHKIN
1985
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
detention of 8 days
Moscow City Court
24/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 3.45 p.m. on 31/01/2021 until 6.00 p.m. on 01/02/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
5,000
51911/21
30/09/2021
Vitaliy Yevgenyevich PASTERYUK
1994
Vladislav Vladimirovich Kosnyrev
Syktyvkar
Rally "Free Navalnyy"
Syktyvkar
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 5,000
Supreme Court of the Komi Republic
31/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 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
51953/21
28/09/2021
Maksim Olegovich SPICHAK
1987
Aleksandr Vasilyevich Popkov
Sochi
Rally "Free Navalnyy"
Sochi
23/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Krasnodar Regional Court
31/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 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
51972/21
28/09/2021
Aleksey Gennadiyevich CHELMAKIN
1977
Aleksandr Vasilyevich Popkov
Sochi
Rally "Free Navalnyy"
Sochi
23/01/2021
article 20.2 § 6.1 of CAO
detention of 5 days
Krasnodar Regional Court
31/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 3.00 p.m. on 23/01/2021 until 4.00 a.m. on 24/01/2021;
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 - 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
51976/21
28/09/2021
Anna Yuryevna PRIDACHINA
1992
Aleksandr Vasilyevich Popkov
Sochi
Rally "Free Navalnyy"
Sochi
23/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Krasnodar Regional Court
31/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 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
51981/21
28/09/2021
Karen Sergeyevich LOBYAN
1998
Aleksandr Vasilyevich Popkov
Sochi
Rally "Free Navalnyy"
Sochi
23/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 15,000
Krasnodar Regional Court
31/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 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
51996/21
13/10/2021
Petr Alekseyevich GOLIKOV
1994
Yelena Yuryevna Pershakova
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 15,000
Moscow City Court
14/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 2.20 p.m. on 31/01/2021 until 1.11 a.m. on 01/02/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
52234/21
30/09/2021
Aleksey Aleksandrovich MICHURIN
1987
Aleksandr Vasilyevich Popkov
Sochi
Rally "Free Navalnyy"
Sochi
23/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Krasnodar Regional Court
31/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 4.00 p.m. on 23/01/2021 until 6.30 a.m. on 24/01/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
4,000
52266/21
11/10/2021
Valentina Nikolayevna PETROVA
1971
Tatyana Georgiyevna Martynova
Pskov
Rally "Free Navalnyy"
Pskov
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Pskov Regional Court
12/04/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 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
52272/21
07/10/2021
Klim Sergeyevich MURATOV
1986
Olimpiada Valentinovna Usanova
Nizhniy Novgorod
Rally "Free Navalnyy"
Nizhniy Novgorod
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
20/05/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 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
52278/21
01/10/2021
Gelnara Rafikovna SAKHABIYEVA
1971
Danil Ilnurovich Nurgaleyev
Kazan
Rally "Free Navalnyy"
Kazan
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
14/04/2021
3,500
52284/21
11/10/2021
Ivan Dmitriyevich DOROZHKIN
1987
Tatyana Georgiyevna Martynova
Pskov
Rally "Free Navalnyy"
Pskov
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Pskov Regional Court
12/04/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 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
52319/21
10/10/2021
Anna Vladimirovna NIKOLAYEVA
1975
Memorial Human Rights Centre
Moscow
Rally against tree felling
Moscow
27/12/2020
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Moscow City Court
12/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 2.30 p.m. on 27/12/2020 until 2.30 a.m. on 29/12/2020;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
52353/21
05/08/2021
Khristina Dzhonson RAMIRES
1990
Aleksey Viktorovich Tsvetkov
Vladimir
Rally to ensure access of doctors to Mr A. Navalnyy in detention
Pokrov
06/04/2021
article 20.2.2 § 3 of CAO
detention of 10 days
Vladimir Regional Court
14/04/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 07/04/2021 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;
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
52388/21
05/08/2021
Olga Ivanovna SHASHKOVA
1959
Aleksey Viktorovich Tsvetkov
Vladimir
Rally to ensure access of doctors to Mr A. Navalnyy in detention
Pokrov
06/04/2021
article 20.2.2 § 3 of CAO
20 hours of community work
Vladimir Regional Court
15/06/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
3,500
52474/21
30/09/2021
Andrey Markovich SOROCHKIN
1962
Olimpiada Valentinovna Usanova
Nizhniy Novgorod
Rally "Free Navalnyy"
Nizhniy Novgorod
31/01/2021
article 20.2 § 2 of CAO
fine of RUB 30,000
Nizhniy Novgorod Regional Court
07/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 12.15 p.m. on 31/01/2021 until 7 p.m. on 01/02/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
4,000
52517/21
09/10/2021
Dmitriy Erikovich IONOV
1987
Anna Yevgenyevna Bochilo
Barnaul
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
25/05/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 02/02/2021 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
52557/21
01/10/2021
Ilnur Rafisovich FATKHULLIN
2002
Danil Ilnurovich Nurgaleyev
Kazan
Rally "Free Navalnyy"
Kazan
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
28/04/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
3,500
52561/21
01/10/2021
Ayrat Rustemovich KHALILULLIN
1996
Danil Ilnurovich Nurgaleyev
Kazan
Rally "Free Navalnyy"
Kazan
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 11,000
Supreme Court of the Tatarstan Republic
05/05/2021
3,500
52563/21
01/10/2021
Ramil Rustamovich KHAYRUTDINOV
1975
Danil Ilnurovich Nurgaleyev
Kazan
Rally "Free Navalnyy"
Kazan
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
05/05/2021
3,500
52568/21
01/10/2021
Dinar Miyassarovich YUNUSOV
1993
Danil Ilnurovich Nurgaleyev
Kazan
Rally "Free Navalnyy"
Kazan
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
05/05/2021
3,500
52573/21
01/10/2021
Pavel Vitalyevich YELKOV
2001
Danil Ilnurovich Nurgaleyev
Kazan
Rally "Free Navalnyy"
Kazan
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
07/04/2021
3,500
52580/21
01/10/2021
Anna Vitalyevna MINIKAYEVA
1993
Danil Ilnurovich Nurgaleyev
Kazan
Rally "Free Navalnyy"
Kazan
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
07/04/2021
3,500
52586/21
01/10/2021
Kamilya Danilovna ZIATDINOVA
1997
Danil Ilnurovich Nurgaleyev
Kazan
Rally "Free Navalnyy"
Kazan
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
07/04/2021
3,500
52594/21
01/10/2021
Timur Kakhramanovich ABDURAKHMANOV
1990
Danil Ilnurovich Nurgaleyev
Kazan
Rally "Free Navalnyy"
Kazan
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Tatarstan Republic
07/04/2021
3,500
54453/21
14/10/2021
Yegor Igorevich PETROV
1996
Aleksey Sergeyevich Lapuzin
Samara
Rally "Free Navalnyy"
Samara
21/04/2021
article 20.2 § 8 of CAO
detention of 28 days
Samara Regional Court
28/04/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 5 (1) - unlawful detention - escorting to the police station on 21/04/2021 for compiling an offence report
6,000
54464/21
15/10/2021
Sergey Olegovich BORISOV
1998
Olimpiada Valentinovna Usanova
Nizhniy Novgorod
Rally "Free Navalnyy"
Nizhniy Novgorod
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
15/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 12.20 p.m. on 31/01/2021 until 2.40 p.m. on 01/02/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
4,000
54476/21
22/10/2021
Timur Agilyevich MAMEDOV
1999
Aleksey Alekseyevich Vasilyev
Moscow
Rally "Free Navalnyy"
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
22/04/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
.
3,500
54532/21
14/10/2021
Nikolay Valeryevich SEROV
1999
Olimpiada Valentinovna Usanova
Nizhniy Novgorod
Rally "Free Navalnyy"
Nizhniy Novgorod
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Nizhniy Novgorod Regional Court
15/04/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 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
[1] Plus any tax that may be chargeable to the applicants.
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