FOURTH SECTION
CASE OF VOSKRESENSKIY AND OTHERS v. RUSSIA
(Applications nos. 24098/21 and 16 others –
see appended list)
JUDGMENT
STRASBOURG
27 June 2024
This judgment is final but it may be subject to editorial revision.
In the case of Voskresenskiy and Others v. Russia,
The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:
Branko Lubarda, President,
Armen Harutyunyan,
Ana Maria Guerra Martins, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 6 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. They also raised other complaints under the provisions of the Convention and its Protocols.
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); Elvira Dmitriyeva v. Russia, nos. 60921/17 and 7202/18, §§ 77-90, 30 April 2019, as to administrative conviction for making calls to participate in public assemblies; Taganrog LRO and Others v. Russia, nos. 32401/10 and 19 others, § 206, 7 June 2022, related to administrative conviction for dissemination of “extremist materials”; 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 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 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 27 June 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Branko Lubarda
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]
24098/21
19/04/2021
Miroslav Aleksandrovich VOSKRESENSKIY
1999
Pomazuyev Aleksandr Yevgenyevich
Vilnius
Rally "Free Navalnyy"
Kaliningrad
23/01/2021
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
Article 20.2 § 8 of CAO
20 hours of compulsory work
fine of RUB 15,000
detention for 15 days
Kaliningrad Regional Court
16/03/2021
Kaliningrad Regional Court
16/03/2021
Kaliningrad Regional Court
29/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for and after compiling an offence report on (1) 31/01/2021 between 1.30 p.m. and 6.00 p.m. and (2) 21/04/2021 between 7.00 p.m. and 22/04/2021 (trial hearing).
5,000
25805/21
16/04/2021
Tatyana Dmitriyevna MIKITINA
1992
Vasin Vladimir Valeryevich
Krasnoyarsk
Rally to support Sergey Furgal
Krasnoyarsk
01/08/2020
Rally "Free Navalnyy"
Krasnoyarsk
31/01/2021
Article 20.2 § 5 of CAO
Article 20.2 § 8 of CAO
fine of RUB 10,000
fine of RUB 150,000
Krasnoyarsk Regional Court
29/10/2020
Krasnoyarsk Regional Court
18/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report between 31/01/2021 and 02/02/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - first set of proceedings.
5,500
42089/21
04/08/2021
Igor Valeryevich ZHOGIN
1987
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
23/01/2021
Rally "Free Navalnyy"
Moscow
21/04/2021
Article 20.2 § 6.1 of CAO
Article 20.2 § 8 of CAO
detention of 15 days
detention for 25 days
Moscow City Court
04/02/2021
Moscow City Court
30/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report on (1) 23/01/2021 at 5.30 p.m. - 25/01/2021 and (2) 24/04/2021 - 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 - both sets of 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 (both sets of proceedings)
5,000
43004/21
09/08/2021
Mikhail Lvovich POPOV
1963
Zhdanov Ivan Yuryevich
Vilnius
Rally "Free Navalnyy"
Essentuki
23/01/2021
Article 20.2 § 2 of CAO
detention of 5 days
Stavropol Regional Court
03/03/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
5,000
43195/21
11/08/2021
Artem Vadimovich BAYDIN
1998
Nurgaleyev Danil Ilnurovich
Kazan
Rally "Free Navalnyy"
Kazan
23/01/2021
Rally "Free Navalnyy"
Kazan
21/04/2021
Article 20.2 § 2 of CAO
Article 20.2 § 5 of CAO
fine of RUB 10,000
detention of 15 days
Supreme Court of the Tatarstan Republic
31/03/2021
Supreme Court of the Tatarstan Republic
27/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention beyond the three-hour statutory period at the police station for compiling an offence report between 23/01/2021 and 24/01/2021 - first set of proceedings,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - second set of the proceedings
5,000
43848/21
17/08/2021
Sergey Vladimirovich YEVSEYEV
1977
Pomazuyev Aleksandr Yevgenyevich
Vilnius
Rally "Free Navalnyy"
Ryazan
23/01/2021
Article 20.2 § 2 of CAO
fine of RUB 20,000
Ryazan Regional Court
11/03/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report (1) between 4.30 p.m. and 6.41 p.m. on 23/01/2021 and (2) between 8.20 p.m. on 27/01/2021 and 10.30 a.m. on 28/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
4,000
43925/21
13/08/2021
Sergey Vasilyevich OSKOLKOV
1992
Rusnakov Pavel Vladimirovich
Tyumen
Rally "Free Navalnyy"
Tyumen
21/04/2021
Article 20.2 § 8 of CAO
detention for 25 days
Tyumen Regional Court
30/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report on
(1) 23-25/01/2021 and
(2) 21-22/04/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of proceedings,
Art. 10 (1) - conviction for making calls to participate in public events - rally to support A. Navalnyy on 23/01/2021 in Tyumen, Article 20.2 § 2 of CAO, detention for 8 days, final decision by the Tyumen Regional Court on 17/02/2021,
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 (both sets of proceedings).
6,000
45552/21
24/08/2021
Simeon Aleksandrovich GRISHIN
2002
Bushmakov Aleksey Vladimirovich
Yekaterinburg
Rally "Free Navalnyy"
Yekaterinburg
23/01/2021
Anti-war protest
Yekaterinburg
26/02/2022
Article 20.2 § 5 of CAO
Article 20.2 § 8 of CAO
community service,
20 hours
detention of 15 days
Sverdlovsk Regional Court
18/05/2021
Sverdlovsk Regional Court
22/03/2022
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 26/02/2022 and detention there beyond the three-hour statutory period (second set of proceedings),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of proceedings.
5,000
45711/21
26/08/2021
Marina Vladimirovna ZHELEZNYAKOVA
1965
Zubarev Dmitriy Vladimirovich
Vladivostok
Rally "Free Navalnyy"
Vladivostok
23/01/2021
Article 20.2 § 5 of CAO
fine of RUB 10,000
Primorye Regional Court
12/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report on 31/01/2021 between 12.10 and 4.00 p.m.,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
4,000
47837/21
09/09/2021
Roman Igorevich RAYMOV
1997
Khrunova Irina Vladimirovna
Kazan
Rally "Free Navalnyy"
Cheboksary
23/01/2021
Article 20.2 § 2 of CAO
fine of RUB 20,000
Supreme Court of Chuvashia Republic
29/04/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of proceedings,
Art. 10 (1) - various restrictions on the right to freedom of expression - disproportionate interference with his freedom of expression on account of his conviction under Art. 20.29 CAO for having hosted on his Facebook page a comment considered as an extremist material, fine of RUB 1,000, final decision by the Supreme Court of Chuvashia Republic on 10/06/2021.
4,000
56283/21
22/10/2021
Sergey Vladimirovich GORKUNOV
1989
Ivanets Vyacheslav Sergeyevich
Tbilisi, Georgia
Rally "Free Navalnyy"
Irkutsk
23/01/2021
Article 20.2 § 5 of CAO
fine of RUB 15,000
Irkutsk Regional Court
16/07/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
3,500
56330/21
15/11/2021
Kseniya Maksimovna MARSHALL
1996
Zhdanov Ivan Yuryevich
Vilnius
Rally "Free Navalnyy"
Moscow
02/02/2021
Protest against the war in Ukraine
Moscow
24/02/2022
Article 20.2 § 6.1 of CAO
Article 20.2 § 8 of CAO
fine of RUB 20,000
detention for 25 days
Moscow City Court
25/05/2021
Moscow City Court
10/03/2022
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report, detention beyond the three-hour statutory period on (1) 02/02/2021 and (2) 24/02-25/02/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of 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 (second set of proceedings).
5,000
57446/21
05/11/2021
Pavel Vladimirovich CHERNOV
1970
Zhdanov Ivan Yuryevich
Vilnius
Rally "Free Navalnyy"
Pskov
31/01/2021
Article 20.2 § 5 of CAO
fine of RUB 15,000
Pskov Regional Court
17/05/2021
Art. 5 (1) - unlawful detention - on 31/01/2021 the applicant was arrested and escorted to a police station where he was detained for 2 hours,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
4,000
57731/21
18/11/2021
Igor Igorevich KAZIKOV
1976
Zhdanov Ivan Yuryevich
Vilnius
Rally "Free Navalnyy"
Moscow
23/01/2021
Rally "Free Navalnyy"
Moscow
02/02/2021
Article 20.2 § 5 of CAO
Article 20.2 § 6.1 of CAO
fine of RUB 10,000
fine of RUB 15,000
Moscow City Court
23/08/2021
Moscow City Court
19/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention beyond the three-hour statutory period at the police station for compiling an offence report on (1) 02/02-03/02/2021 and (2) 23/01-24/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of proceedings.
4,000
58158/21
05/11/2021
Aleksey Andreyevich USOLKIN
1961
Andrey Alekseyevich USOLKIN
1986
Zboroshenko Nikolay Sergeyevich
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
Article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
21/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report on 02/02/2021 in respect of both applicants,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in respect of both applicants.
4,000
58787/21
25/11/2021
Galina Aleksandrovna FILCHENKO
1963
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
23/01/2021
Article 20.2 § 8 du CAO
fine of RUB 150,000
Moscow City Court
27/05/2021
Art. 5 (1) - unlawful detention - the applicant was arrested on 19/03/2021 and was escorted to a police station for compiling a record of administrative offence on account of her participation in a public event, where she was detained between 8.35 a.m. and 2.30 p.m.,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
5,500
58850/21
27/11/2021
Timofey Viktorovich ANDRONOV
1996
Zhdanov Ivan Yuryevich
Vilnius
Rally "Free Navalnyy"
Volgograd
21/04/2021
Article 20.2 § 5 du CAO
fine of RUB 20,000
Volgograd Regional Court
10/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an administrative offence record on 21/04/2021 between 7.30 p.m. and 10.32 p.m.,
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.