FIRST SECTION
CASE OF TERESHONKOV AND OTHERS v. RUSSIA
(Applications nos. 64899/14 and 24 others –
see appended list)
JUDGMENT
STRASBOURG
4 July 2024
This judgment is final but it may be subject to editorial revision.
In the case of Tereshonkov and Others v. Russia,
The European Court of Human Rights (First Section), sitting as a Committee composed of:
Lətif Hüseynov, President,
Ivana Jelić,
Erik Wennerström, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 13 June 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 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-LAW12. 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); Glukhin v. Russia, no. 11519/20, §§ 64-91, 4 July 2023, concerning unjustified processing of the applicant’s personal biometric data by using highly intrusive facial recognition technology in the proceedings under the CAO, in order to identify, locate and arrest the applicant; Novikova and Others v. Russia, nos. 25501/07 and 4 others, §§ 106-225, 26 April 2016, relating to disproportionate measures taken by the authorities against participants of solo demonstrations; 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 COMPLAINTS14. Some applicants raised further 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 10 and 13 above, the Court considers that there is no need to deal separately with these remaining complaints.
15. The Court has further examined the rest of the complaints raised by the applicants and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.
16. It follows that this part of the applications must be rejected in accordance with Article 35 § 4 of the Convention.
APPLICATION OF ARTICLE 41 OF THE CONVENTION17. 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, finds that there is no need to examine separately the remaining complaints under Article 6 of the Convention, and declares the remainder of the applications inadmissible;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 4 July 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Lətif Hüseynov
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 / criminal offence
Penalty
Final domestic decision
Court Name
Date
Other complaints under well-established case-law
Amount awarded for pecuniary and non-pecuniary damage, costs and expenses per applicant
(in euros)[1]
64899/14
18/09/2014;
50264/17
28/06/2017
Semen Alekseyevich TERESHONKOV
1982
Mezak Ernest Aleksandrovich
Saint-Barthélemy-d’Anjou
Laptev Aleksey Nikolayevich
Moscow
Protest against "annexation of Crimea"
Syktyvkar
16/03/2014
article 20.2 § 5 of CAO
fine of RUB 10,000
Supreme Court of the Komi Republic
14/05/2014
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - On 19/12/2016 the Syktyvkar Town Court found him guilty under Art. 19.3 § 1 of CAO for failure to obey the lawful order of police officers and sentenced to 3-day’ detention. On 28/12/2016 the Supreme Court of the Komi Republic upheld the judgment. The sentence of administrative detention for three days imposed on the applicant on 19/12/2016 under Article 19.3 § 1 of CAO was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO (final decision taken by the Supreme Court of the Komi Republic on 28/12/2016).
5,000
10450/21
18/01/2021
Yuriy Aleksandrovich BOLSHOV
1996
Zubarev Dmitriy Vladimirovich
Vladivostok
Rally to support S. Furgal
Khabarovsk
25/07/2020
article 20.2 § 2 of CAO
detention for 7 days
Primorye Regional Court
30/07/2020
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 26/07/2020;
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
20410/21
16/03/2021
Natalya Petrovna BARANOVA
1959
Glukhov Aleksey Vladimirovich
Novocheboksarsk
Political rally
Samara
21/06/2020
article 20.2 § 5 of CAO
fine of RUB 10,000
Samara Regional Court
17/09/2020
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
3,500
36425/21
30/06/2021;
and
54560/21
15/10/2021
Sven Karlovich NORDIN
1983
Memorial Human Rights Centre
Moscow
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Kaliningrad
31/01/2021
Rally "Free Navalnyy"
Kaliningrad
21/04/2021
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
fine of RUB 10,000
fine of
RUB 10,000
Kaliningrad Regional Court
25/05/2021
Kaliningrad Regional Court
22/06/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 31/01/2021 and 21/04/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings which ended with the final decision taken on 25/05/2021.
4,000
40155/21
21/07/2021
Pavel Vasilyevich KOROLKOV
1998
Solovyev Leonid Alekseyevich
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
Protest against war in Ukraine
Moscow
06/03/2022
article 20.2 § 6.1 of CAO
article 20.2 § 5 of CAO
detention for 10 days
fine of RUB 20,000
Moscow City Court
12/04/2021
Moscow City Court
15/11/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report (1) from 4.10 p.m. on 31/01/2021 until 01/02/2021, when the applicant was taken to the court; (2) from 06/03/2022 until 07/03/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings which ended with the final decision taken on 12/04/2021;
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
40472/21
04/07/2021
Nikita Vitalyevich YAKOVLEV
1997
Aksenova Darya Dmitriyevna
Kolomna
Rally "Free Navalnyy"
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
10/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report 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.
4,000
43784/21
26/08/2021
Maksim Dmitriyevich STENKIN
1991
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
Rally "Free Navalnyy"
Moscow
21/04/2021
Protest against war in Ukraine
Moscow
04/03/2022
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
article 20.2 § 8 of CAO
fine of RUB 20,000
fine of RUB 10,000
detention for 15 days
Moscow City Court
11/05/2021
Moscow City Court
27/10/2021
Moscow City Court
11/03/2022
Art. 5 (1) - unlawful detention – (1) escorting to and detention at the police station for compiling an offence report from 4.23 p.m. on 31/01/2021 until 1.30 a.m. on 01/02/2021;
(2) escorting to the police station for compiling an offence report on 21/04/2021;
(3) escorting to and detention at the police station for compiling an offence report from 7 p.m. on 04/03/2022 until 05/03/2022, when the applicant was taken to the court from the police station;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of the administrative-offence proceedings;
Art. 8 (1) - restrictions on the right to private life of participants of public assemblies - use of facial recognition technology for the identification of the applicant as a participant in the rally on 21/04/2021 and his subsequent conviction.
5,000
44321/21
09/08/2021
Yevgeniy Aleksandrovich YELISEYEV
1971
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
Protest against war in Ukraine
Moscow
06/03/2022
article 20.2 § 6.1 of CAO
article 20.2 § 5 of CAO
detention for 15 days
fine of RUB 15,000
Moscow City Court
09/02/2021
Moscow City Court
09/09/2022
Art. 5 (1) - unlawful detention – (1) escorting to and detention at the police station after compiling an offence report from 1.45 p.m. on 31/01/2021 to 6 p.m. on 01/02/2021; (2) escorting to the police station on 06/03/2022 for compiling an offence report;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of the 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
47430/21
12/09/2021
Andrey Sergeyevich SKRIPNIK
1996
Yatsenko Irina Aleksandrovna
Moscow
Rally “Free Navalnyy”
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 15,000
Moscow City Court
12/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3 p.m. on 31/01/2021 until 6.30 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
47449/21
08/09/2021
Aleksandr Nikolayevich RYABCHUK
1989
Pryanishnikov Aleksey Aleksandrovich
Tomsk
Rally “Free Navalnyy”
Rostov-on-Don
23/01/2021
article 20.2 § 6.1 of CAO
detention for 5 days
Rostov Regional Court
10/03/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
5,000
48963/21
22/09/2021
Veronika Yuryevna NIKULSHINA
1997
Gilmanov Mansur Idrisovich
Podolsk
Rally in support of LGBTI community
Moscow
07/10/2020
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
29/06/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 08/10/2020;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
4,000
49349/21
22/09/2021
Aleksey Olegovich VASILYEV
2003
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Omsk
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Omsk Regional Court
06/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 2.20 p.m. until 7.50 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
56282/21
25/10/2021
Konstantin Viktorovich KISELEV
1963
Zboroshenko Nikolay Sergeyevich
Mytishchi
Opposition rally
Moscow
13/03/2021
article 20.33 of CAO
fine of RUB 15,000
Izmaylovskiy District Court of Moscow
06/07/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 10.30 a.m. until 3.30 p.m. on 13/03/2021.
4,000
8359/22
25/01/2022
Yegor Sergeyevich LEVIN
1999
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Barnaul
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Altay Regional Court
11/08/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 8.10 p.m. until 11.30 p.m. on 21/04/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
4,000
12127/22
01/02/2022
Yuliya Mikhaylovna DOLZHENKO
1986
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Belgorod
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Belgorod Regional Court
02/08/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 8.30 p.m. on 21/04/2021 until 12.45 a.m. on 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.
4,000
13422/22
10/02/2022
Igor Viktorovich SHPEKHT
1984
Vasin Vladimir Valeryevich
Krasnoyarsk
Rally "Free Navalnyy"
Krasnoyarsk
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Krasnoyarsk Regional Court
12/08/2021
3,500
41682/22
09/08/2022
Lyubov Sergeyevna SAMYLOVA
1999
Magomedova Luiza Magomedovna
St Petersburg
Protest against war in Ukraine
St Petersburg
24/02/2022
article 20.2 § 5 of CAO
fine of RUB 15,000
St Petersburg City Court
19/04/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 8 p.m. on 24/02/2022 until 25/02/2022 when the applicant was taken to the court from the police station;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
4,000
10035/23
13/02/2023
Arina Sergeyevna ZEYKAN
1999
Protest against war in Ukraine
Moscow
28/02/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
13/10/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 7.35 p.m. on 28/02/2022 until 4 p.m. on 01/03/2022.
4,000
11763/23
20/02/2023
Valentina Petrovna YASHINA
1954
Protest against war in Ukraine
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
31/10/2022
Art. 5 (1) - unlawful detention - escorting and detention at the police station for compiling an offence report from 3.40 p.m. until 7 p.m. on 06/03/2022.
4,000
13214/23
17/03/2023
Darya Dmitriyevna TEREKHOVA
2003
Protest against war in Ukraine
Moscow
27/02/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
21/11/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 8 p.m. on 27/02/2022 until 7.30 p.m. on 28/02/2022.
4,000
31231/23
21/07/2023
Arshak Arturovich MAKICHYAN
1994
Protest against war in Ukraine
Moscow
25/02/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
21/03/2023
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1 p.m.
until 6.30 p.m. on 25/02/2022.
4,000
31282/23
06/07/2023
Tamara Petrovna SOLODOVNIKOVA
1958
Protest against war in Ukraine
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
13/03/2023
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.10 p.m. until 7 p.m. on 06/03/2022.
4,000
31283/23
24/07/2023
Yekaterina Valentinovna PANKOVA
1991
Protest against war in Ukraine
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
27/03/2023
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.25 p.m. until 8.38 p.m. on 06/03/2022.
4,000
[1] Plus any tax that may be chargeable to the applicants.