THIRD SECTION
CASE OF ZVEREVA AND OTHERS v. RUSSIA
(Applications nos. 38603/17 and 22 others –
see appended list)
JUDGMENT
STRASBOURG
6 April 2023
This judgment is final but it may be subject to editorial revision.
In the case of Zvereva 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 16 March 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. Some applicants 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.
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 offence. 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 case.
9. 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”.
10. These complaints are therefore admissible and disclose a breach of Article 11 of the Convention.
OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW11. Some 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. 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 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, §§ 84-138, 10 April 2018, as regards unlawful administrative arrest; Tomov and Others v. Russia, nos. 18255/10 and 5 others, §§ 92-156, 9 April 2019, related to inadequate conditions of transport; and Martynyuk v. Russia, no. 13764/15, §§ 31-43, 8 October 2019, concerning lack of a suspensive effect of an appeal and immediate execution of a sentence of administrative detention).
REMAINING COMPLAINTS12. In view of its findings above, the Court considers that there is no need to deal separately with the remaining complaints under Articles 5 and 6 of the Convention raised by some of the applicants in relation to unlawful arrest and other aspects of the fairness of the administrative-offence proceedings.
APPLICATION OF ARTICLE 41 OF THE CONVENTION13. 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.”
14. 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;Declares the complaints concerning the right to peaceful assembly and the other complaints under the 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 the remaining complaints under Articles 5 and 6 of the Convention concerning unlawful arrest and other aspects of the fairness of the administrative-offence proceedings;Holds that the applications disclose a breach of Article 11 of the Convention concerning the right to peaceful assembly;Holds that there has been a violation of the Convention and its Protocol 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 6 April 2023, 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 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]
38603/17
06/05/2017
Nadezhda Andreyevna ZVEREVA
1983
Zboroshenko Nikolay Sergeyevich
Mytishchi
Manifestation near the United Russia Headquarters
(event around 12.30 p.m.)
Moscow
01/07/2016
Manifestation near the United Russia Headquarters
(event at 7 p.m.)
Moscow
01/07/2016
Manifestation near the United Russia Headquarters
Moscow
02/07/2016
Article 20.2 § 5 of CAO
Article 20.2 § 2 of CAO
Article 20.2 § 2 of CAO
fine of RUB 10,000
fine of RUB 10,000
fine of RUB 10,000
Moscow City Court
16/11/2016
Moscow City Court
16/11/2016
Moscow City Court
16/11/2016
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis – detention two times on 01/07/2016 (around
12.30 p.m. and then after her release and participation in yet another event on the same day at
7 p.m.) and then on 02/07/2016, arrested and detained in excess of
3 hours each time; arrest and escorting to the police office for the purpose of drawing up a record of administrative offence; raised on appeal,
Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in all sets of the administrative proceedings. Final decisions: Moscow City Court on 16/11/2016 (three decisions)
5,000
58321/17
03/08/2017
Firuza Negmatovna ASHUROVA
1971
Vakhitov Ilyas Salimovich
Vniissok
"Return the stolen social housing" manifestation
Tverskaya street, Moscow
15/09/2016
Article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
08/02/2017
Art. 6 (1) - lack of impartiality of tribunal - lack of a prosecuting party in the administrative proceedings. Final decision: Moscow City Court on 08/02/2017
3,500
63498/17
24/08/2017
Darya Nikolayevna KIRILLOVA
1986
Vakhitov Ilyas Salimovich
Vniissok
"Return the stolen social housing" manifestation
Tverskaya street, Moscow
15/09/2016
Article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
28/02/2017
Art. 6 (1) - lack of impartiality of tribunal - lack of a prosecuting party in the administrative proceedings. Final decision: Moscow City Court on 28/02/2017
3,500
64040/17
28/08/2017
Lyudmila Borisovna ZAKHARKINA
1973
Vakhitov Ilyas Salimovich
Vniissok
"Return the stolen social housing" manifestation
Tverskaya street, Moscow
15/09/2016
Article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
02/03/2017
Art. 6 (1) - lack of impartiality of tribunal - lack of a prosecuting party in the administrative proceedings. Final decision: Moscow City Court on 02/03/2017
3,500
69600/17
20/09/2017
Marina Vladimirovna BUKINA
1976
Khrunova Irina Vladimirovna
Kazan
Anti-corruption manifestation
St Petersburg
26/03/2017
Article 20.2 § 5 of CAO
fine of RUB 10,000
St Petersburg City Court
29/06/2017
3,500
70463/17
07/09/2017
Anna Mikhaylovna YUZHAKOVA
1990
Terekhov Konstantin Ilyich
Moscow
Anti-corruption manifestation
St Petersburg
12/06/2017
Article 20.2 § 5 and
Article 19.3 § 1 of CAO
fines of RUB 10,000
and RUB 500
St Petersburg City Court
30/06/2017
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arbitrary and unlawful detention between
2.15 p.m. on 12/06/2017 and 7.30 p.m. on 13/06/2017; detention in excess of the statutory period of 3 hours, raised on appeal,
Art. 6 (1) - lack of impartiality of tribunal - lack of a prosecuting party in the administrative proceedings. Final decision: St Petersburg City Court on 30/06/2017
4,000
70532/17
07/09/2017
Vladislav Pavlovich SAVIN
1992
Terekhov Konstantin Ilyich
Moscow
Anti-corruption manifestation
St Petersburg
12/06/2017
Article 20.2 § 5 of CAO and Article 19.3 § 1 of CAO
fines of RUB 10,000 and RUB 500
St Petersburg City Court
27/06/2017
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 12/06/2017 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence; raised on appeal,
Art. 6 (1) - lack of impartiality of tribunal - in view of the absence of a prosecuting party in the administrative offence proceedings. Final decision: St Petersburg City Court on 27/06/2017
4,000
72040/17
21/09/2017
Alim Rashidovich KURGALIYEV
1966
Sholokhov Igor Nikolayevich
Kazan
Anti-corruption manifestation
Chelyabinsk
26/03/2017
Article 20.2 § 5 of CAO
fine of RUB 10,000
Chelyabinsk Regional Court
02/06/2017
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - unlawful arrest and escorting to the police station on 28/03/2017 and 02/04/2017 for the purpose of drawing up a record of administrative offence and clarifying the facts; detention in excess of 3 hours each time
4,000
72317/17
21/09/2017
Yevgeniya Vladimirovna VOROBYEVA
1990
Sholokhov Igor Nikolayevich
Kazan
Anti-corruption manifestation
Chelyabinsk
26/03/2017
Article 20.2 § 5 of CAO
fine of RUB 6,000
Chelyabinsk Regional Court
21/06/2017
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - unrecorded arrest and detention on 26/03/2017
4,000
73677/17
26/09/2017
Dmitriy Vladimirovich KUKHAREV
1983
Kukharev Aleksandr Vladimirovich
Moscow
Anti-corruption rally
Tverskaya street, Moscow
26/03/2017
Article 20.2 § 6.1 of CAO
fine of RUB 15,000
Moscow City Court
26/07/2017
Art. 3 - inadequate conditions of detention during transport – between Tverskaya street and the police station of the Akademicheskiy District of Moscow (more than 4 hours in a police vehicle, overcrowding (30 persons transported together, personal space 0.2 sq. m.), restricted access to toilet and potable water, lack of privacy for toilet),
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - unlawful detention without a valid reason from 3.15 p.m. to 9.30 p.m. on 26/03/2017; raised on appeal,
Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in the administrative proceedings. Final decision: Moscow City Court on 26/07/2017
5,000
73803/17
07/09/2017
Lyudmila Ivanovna TRUSOVA
1966
Terekhov Konstantin Ilyich
Moscow
Anti-corruption rally
Moscow
26/03/2017
Article 20.2 § 2 of CAO
fine of RUB 15,000
Moscow City Court
30/06/2017
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis – arrest and detention on 26/03/2017 between 3.50 p.m. and 8 p.m. for the sole purpose of drawing up a record of administrative offence; raised on appeal
4,000
73804/17
07/09/2017
Boris Leonidovich GRYZUNOV
1998
Terekhov Konstantin Ilyich
Moscow
Anti-corruption rally
Moscow
26/03/2017
Article 19.3 § 1 of CAO
10-day administrative detention
Moscow City Court
18/04/2017
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and escorting to the police office on 26/03/2017 for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours until 28/03/2017,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant by the court of first instance was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
5,000
74816/17
04/10/2017
Ivan Sergeyevich KRAVCHUK
1998
Peredruk Aleksandr Dmitriyevich
St Petersburg
Anti-corruption manifestation
St Petersburg
29/04/2017
Article 20.2 § 5 of CAO
fine of RUB 12,000
St Petersburg City Court
20/06/2017
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 29/04/2017for the sole purpose of drawing up a record of administrative offence; detention in excess of 3 hours; raised on appeal,
Art. 6 (1) - lack of impartiality of tribunal - absence of the prosecuting party in the administrative proceedings. Final decision: St Petersburg City Court on 20/06/2017
4,000
77134/17
10/10/2017
Aleksey Nikolayevich DMITRIYEV
1970
Manifestation in support of political prisoners
Moscow
12/09/2016
Article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
24/04/2017
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - unlawful arrest and detention on 12/09/2016 for the sole purpose of drawing up a record of administrative offence; raised on appeal,
Art. 6 (1) - lack of impartiality of tribunal - lack of a prosecuting party in the administrative proceedings. Final decision: Moscow City Court on 24/04/2017
4,000
78520/17
03/11/2017
Aleksey Viktorovich SHATOV
1973
Terekhov Konstantin Ilyich
Moscow
Anti-corruption rally
Moscow
26/03/2017
Article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
19/05/2017
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and unrecorded detention of the applicant for several hours on 26/03/2017 for the purpose of transporting him to the police station to draft an administrative offence record; raised on appeal,
Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party from the administrative proceedings. Final decision: Moscow City Court on 19/05/2017
4,000
79041/17
09/11/2017
Daniil Yuryevich PILCHEN
1995
Terekhov Konstantin Ilyich
Moscow
Anti-corruption rally
Moscow
26/03/2017
Article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
11/05/2017
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - unrecorded detention for several hours following the arrest by the police for the purpose of drafting a record of administrative offence on 26/03/2017; raised on appeal,
Art. 6 (1) - lack of impartiality of tribunal - lack of a prosecuting party in administrative proceedings. Final decision: Moscow City Court on 11/05/2017
4,000
79729/17
09/11/2017
Petr Aleksandrovich RUNOVSKIY
1998
Glukhov Aleksey Vladimirovich
Novocheboksarsk
Anti-corruption
rally
Nizhniy Novgorod
26/03/2017
Article 19.3 § 1 of CAO and Article 20.2 § 5 of CAO
fines of RUB 500 and RUB 10,000
Nizhniy Novgorod Regional Court
10/05/2017
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest during the rally on 26/03/2017, the applicant was then taken to the police station to draw up a record of administrative offence and released several hours later; raised on appeal
4,000
79825/17
11/11/2017
Aleksey Igorevich TEREKHIN
1986
Mezak Ernest Aleksandrovich
Saint-Barthélemy d’Anjou
Anti-corruption protest
Komsomolsk-on-Amur
26/03/2017
Article 19.3 § 1 of CAO
3 days’ detention
Khabarovsk Regional Court
11/05/2017
Art. 6 (1) - lack of impartiality of tribunal - Complaint about absent prosecuting party. Final decision: Khabarovsk Regional Court on 11/05/2017
4,000
79948/17
15/11/2017
Maksim Sergeyevich TOROKHTIY
1995
Gaynutdinov Damir Ravilevich
Sofia, Bulgaria
Anti-corruption meeting
Ekaterinburg
26/03/2017
Article 20.2 § 5 of CAO
fine of RUB 10,000
Sverdlovsk Regional Court
17/05/2017
Art. 5 (1) – unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis – arrest and detention on 26/03/2017 for almost 3 hours in a police bus at the place of the events, then detention in a police station where the administrative offence record was drawn up; detention therefore exceeded 3 hours; raised on appeal
4,000
80044/17
15/11/2017
Mikhayil Yuryevich PEVTSOV
1986
Gaynutdinov Damir Ravilevich
Sofia, Bulgaria
Anti-corruption protest
Nizhniy Tagil
26/03/2017
Article 20.2 § 5 of CAO
fine of RUB 10,000
Sverdlovsk Regional Court
31/05/2017
3,500
80048/17
15/11/2017
Artem Yuryevich PEVTSOV
1993
Gaynutdinov Damir Ravilevich
Sofia, Bulgaria
Anti-corruption protest
Nizhniy Tagil
26/03/2017
Article 20.2 § 5 of CAO
fine of RUB 10,000
Sverdlovsk Regional Court
13/06/2017
3,500
80220/17
16/11/2017
Anton Vladimirovich DRYNDIN
1991
Druzhkova Olga Vladimirovna
Moscow
Anti-corruption manifestation
Moscow
26/03/2017
Article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
23/05/2017
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest of the applicant on 26/03/2017 for the sole purpose of drawing up an administrative offence record; detention in excess of 3 hours; raised on appeal
4,000
80484/17
08/11/2017
Nikolay Andreyevich ARTEMENKO
1989
Peredruk Aleksandr Dmitriyevich
St Petersburg
Protest action
St Petersburg
22/08/2017
Article 20.2 § 8 of CAO
fine of RUB 15,000
St Petersburg City Court
14/09/2017
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arbitrary delivery to police station on 22/08/2017; the applicant was arrested at 01:45 p.m. on 22/08/2017 and was released only after the trial hearing on 23/08/2017; raised on appeal,
Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in the administrative proceedings. Final decision: St Petersburg City Court on 14/09/2017
4,000
[1] Plus any tax that may be chargeable to the applicants.