THIRD SECTION
CASE OF VAKULKO AND OTHERS v. RUSSIA
(Applications nos. 52365/22 and 32 others –
see appended list)
JUDGMENT
STRASBOURG
21 March 2024
This judgment is final but it may be subject to editorial revision.
In the case of Vakulko 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 22 February 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. They 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 has 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. The 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 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.
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 finds that there is no need to examine separately the remaining complaints under Article 6 of the Convention;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 21 March 2024, 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 / criminal offence
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]
52365/22
01/11/2022
Georgiy Alekseyevich VAKULKO
2000
Baranova Natalya Andreyevna
Moscow
Anti-war protest
Moscow
06/03/2022
Political protest
Moscow
12/04/2022
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
fine of RUB 20,000
fine of RUB 15,000
Moscow City Court
05/07/2022
Moscow City Court
09/11/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.30 p.m. until 9.50 p.m. on 06/03/2022 and from 2.44 p.m. until 9 p.m. on 12/04/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings in which the final decision was taken on 05/07/2022.
4,000
826/23
29/11/2022
Tatyana Mikhaylovna RUSIYANOVA
1966
Bushmakov Aleksey Vladimirovich
Yekaterinburg
Anti-war protest
Yekaterinburg
26/02/2022
article 20.2 § 5 of CAO
30 hours of community work
Sverdlovsk Regional Court
21/09/2022
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 26/02/2022.
4,000
1567/23
01/12/2022
Aleksey Samuilovich ZINGER
1988
Anti-war protest
Moscow
02/03/2022
Anti-war protest
Moscow
06/03/2022
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
fine of RUB 10,000
fine of RUB 10,000
Moscow City Court
13/10/2022
Moscow City Court
03/08/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 7.40 p.m. on 02/03/2022 to 2 a.m. on 03/03/2022 and from 3.50 p.m. until 7.30 p.m. on 06/03/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings in which the final decision was taken on 03/08/2022.
4,000
3823/23
10/01/2023
Kseniya Radikovna SAFINA
1994
Anti-war protest
Moscow
26/02/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
29/09/2022
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 7.10 p.m. on 26/02/2022 until 12.30 a.m. on 27/02/2022.
4,000
4478/23
08/01/2023
Mariya Aleksandrovna FROLOVA
1976
Baranova Natalya Andreyevna
Moscow
Anti-war protest
Moscow
24/02/2022
Anti-war protest
Moscow
27/02/2022
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
fine of RUB 20,000
fine of RUB 20,000
Moscow City Court
25/11/2022
Moscow City Court
09/09/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 7.30 p.m. until 9.30 p.m. on 24/02/2022 and from 8.16 p.m. on 27/02/2022 until 12 p.m. on 28/02/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings in which the final decision was taken on 09/09/2022.
4,000
4481/23
16/01/2023
Yevgeniy Andreyevich RUDYKH
1990
Bochilo Anna Yevgenyevna
Barnaul
Anti-war protest
Moscow
03/03/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
31/10/2022
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 7.20 p.m. until 10.30 p.m. on 03/03/2022.
4,000
4782/23
09/01/2023
Yekaterina Pavlovna SOSNOVSKAYA
1991
Anti-war protest
Moscow
13/03/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
31/10/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.35 p.m. until 11.50 p.m. on 13/03/2022.
4,000
4805/23
18/01/2023
Eldar Valiyarovich ROMASHKIN
1994
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
29/09/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1.35 p.m. until 10.40 p.m. on 31/01/2021.
4,000
4978/23
06/01/2023
Yuriy Lvovich LETUNOVSKIY
1979
Anti-war protest
Yekaterinburg
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Sverdlovsk Regional Court
05/10/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.15 p.m. on 06/03/2022 until 1 a.m. on 07/03/2022.
4,000
5094/23
18/01/2023
Maksim Viktorovich DEREVYANKIN
1968
Anti-war protest
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
19/09/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.45 p.m. to 11.35 p.m. on 06/03/2022.
4,000
5440/23
18/01/2023
Kseniya Alekseyevna MELNIKOVA
1976
Baranova Natalya Andreyevna
Moscow
Anti-war protest
Moscow
27/02/2022
Anti-war protest
Moscow
06/03/2022
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
fine of RUB 20,000
fine of RUB 15,000
Moscow City Court
19/09/2022
Moscow City Court
23/11/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.10 p.m. on 27/02/2022 until 4.20 a.m. on 28/02/2022 and from 4.09 p.m. until 9.50 p.m. on 06/03/2022.
4,000
5835/23
23/01/2023
Yuliya Aleksandrovna KLIMOVA
1996
Anti-war protest
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 18,000
Moscow City Court
23/09/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.20 p.m. on 06/03/2022 until 1.30 a.m. on 07/03/2022.
4,000
6863/23
27/01/2023
Aleksandra Andreyevna AGEYEVA
1995
Anti-war protest
Moscow
27/02/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City court
27/09/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 6 p.m. on 27/02/2022 until 2.30 a.m. on 28/02/2022
4,000
7260/23
22/01/2023
Yelizaveta Mikhaylovna TSYGANKOVA
2002
Solovyev Leonid Alekseyevich
Moscow
Anti-war protest
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
17/10/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from
4 p.m. until 11.30 p.m. on 06/03/2022.
4,000
7570/23
10/02/2023
Anna Mikhaylovna DUBKOVA
1998
Anti-war protest
Moscow
06/03/2022
article 19.3 § 1 of CAO
detention for 15 days
Moscow City Court
11/10/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 5.50 p.m. on 06/03/2022 until 1 p.m. on 07/03/2022;
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
7576/23
06/02/2023
Dmitriy Ivanovich GOLOVIN
1990
Anti-war protest
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 12,000
Moscow City Court
05/10/2022
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 3 p.m. until 7.40 p.m. on 06/03/2022.
4,000
7792/23
27/01/2023
Yuriy Valeryevich RYABININ
1963
Anti-war protest
Moscow
27/02/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
27/09/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.40 p.m. on 27/02/2022 until 7 a.m. on 28/02/2022.
4,000
7885/23
21/01/2023
Irina Alekseyevna BELYAYEVA
1997
Anti-war protest
Novosibirsk
24/02/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Novosibirsk Regional Court
21/09/2022
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 7.40 p.m. until 10.50 p.m. on 24/02/2022.
4,000
8034/23
20/01/2023
Yekaterina Borisovna BORISOVA
1987
Anti-war protest
Moscow
13/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
03/10/2022
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 2 p.m. until 6.50 p.m. on 13/03/2022.
4,000
8281/23
10/02/2023
Liliya Aydarovna SADREYEVA
1988
Ushakov Timofey Borisovich
Kokoshkino
Anti-war protest
Moscow
25/02/2022
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 9.25 p.m. on 25/02/2022 until 2.15 a.m. on 26/02/2022.
4,000
8283/23
10/02/2023
Kseniya Viktorovna SHESTAKOVA
1988
Ushakov Timofey Borisovich
Kokoshkino
Anti-war protest
Moscow
26/02/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
11/10/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence repot from
4 p.m. until 9.20 p.m. on 26/02/2022.
4,000
8285/23
10/02/2023
Pavel Valeryevich BOBYLEV
1986
Ushakov Timofey Borisovich
Kokoshkino
Anti-war protest
Moscow
26/02/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
11/10/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.10 p.m. until 9.50 p.m. on 26/02/2022.
4,000
8288/23
10/02/2023
Yelizaveta Bogdanovna MAMONOVA
1998
Ushakov Timofey Borisovich
Kokoshkino
Anti-war protest
Moscow
24/02/2022
Anti-war protest
Moscow
26/02/2022
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
fine of RUB 20,000
fine of RUB 20,000
Moscow City Court
25/10/2022
Moscow City Court
11/10/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.30 p.m. until 10.45 p.m. on 26/02/2022.
4,000
8688/23
17/01/2023
Darya Sergeyevna PAVLENKO
2022
Anti-war protest
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
03/10/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.12 p.m. on 06/03/2022 until 12.02 a.m. on 07/03/2022.
4,000
8872/23
15/02/2023
Aleksandr Yevgenyevich GURYASHKIN
1980
Bochilo Anna Yevgenyevna
Barnaul
Anti-war protest
Moscow
24/02/2022
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
05/12/2022
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.
4,000
8965/23
25/01/2023
Galina Stepanovna BILDEYEVA
1948
Anti-war protest
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
27/09/2022
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 2.20 p.m. until 6 p.m. on 06/03/2022.
4,000
9034/23
16/02/2023
Tatyana Aleksandrovna VASILYEVA
1996
Bochilo Anna Yevgenyevna
Barnaul
Anti-war protest
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
17/10/2022
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 4 p.m. to 8 p.m. on 06/03/2022.
4,000
9062/23
16/02/2023
Ruslan Rysbekovich BAYNAZAROV
1997
Bochilo Anna Yevgenyevna
Barnaul
Anti-war protest
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
25/10/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.30 p.m. until 11.30 p.m. on 06/03/2022.
4,000
9418/23
27/01/2023
Yelena Mikhaylovna KUKHLEVSKAYA
1979
Anti-war protest
Moscow
13/03/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
27/09/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.30 p.m. until 9.30 p.m. on 13/03/2022.
4,000
9543/23
07/02/2023
Yekaterina Maksimovna NIKOLAYEVA
2001
Anti-war protest
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
07/10/2022
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 06/03/2022.
4,000
9555/23
01/02/2023
Dmitriy Nikolayevich LEN
1961
Protest against "foreign agent" legislation
Moscow
29/08/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
03/10/2022
Art. 5 (1) - unlawful detention - escorting to and detention at the police station from 5.20 p.m. until 9.20 p.m. on 29/08/2021.
4,000
10030/23
13/02/2023
Irina Gaikovna PETROSYAN
2002
Anti-war protest
Moscow
06/03/2022
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 5 p.m. until 9.50 p.m. on 06/03/2022.
4,000
28159/23
06/07/2023
Alla Igorevna FROLOVA
1965
Okushko Tatyana Borisovna
Strasbourg
Anti-war protest
Moscow
26/02/2022
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
21/03/2023
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 5.10 p.m. until 8.45 p.m. on 26/02/2022.
4,000
[1] Plus any tax that may be chargeable to the applicants.