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You are here: BAILII >> Databases >> European Court of Human Rights >> ZENKIN AND OTHERS v. RUSSIA - 8507/20 (Judgment : Article 11 - Freedom of assembly and association : Fourth Section Committee) [2023] ECHR 341 (13 April 2023) URL: http://www.bailii.org/eu/cases/ECHR/2023/341.html Cite as: [2023] ECHR 341, CE:ECHR:2023:0413JUD000850720, ECLI:CE:ECHR:2023:0413JUD000850720 |
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FOURTH SECTION
CASE OF ZENKIN AND OTHERS v. RUSSIA
(Applications nos. 8507/20 and 21 others –
see appended list)
JUDGMENT
STRASBOURG
13 April 2023
This judgment is final but it may be subject to editorial revision.
In the case of Zenkin and Others v. Russia,
The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:
Faris Vehabović, President,
Armen Harutyunyan,
Anja Seibert-Fohr, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 23 March 2023,
Delivers the following judgment, which was adopted on that date:
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 participants of public assemblies. Some applicants also raised other complaints under the provisions of the Convention.
THE LAW
I. JOINDER 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.
II. 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, nos. 40792/10 and 2 others, §§ 68-73, 13 July 2021).
III. ALLEGED VIOLATION OF ARTICLE 11 OF THE CONVENTION
7. The applicants complained principally of disproportionate measures taken against them as 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.
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.
IV. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW
12. 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 in the light of its findings in its well-established case-law (see Butkevich v. Russia, no. 5865/07, §§ 63‑65, 13 February 2018; Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-23 10 April 2018; Kalyapin v. Russia, no. 6095/09, § 76, 23 July 2019; and Korneyeva v. Russia, no. 72051/17, §§ 34-36, 8 October 2019, concerning various aspects of unlawful deprivation of liberty of organisers or participants of public events; and Karelin v. Russia, no. 926/08, 20 September 2016, related to the examination of criminal cases in the absence of a prosecuting party in the judicial proceedings governed by the Federal Code of Administrative Offences (CAO)).
V. REMAINING COMPLAINTS
13. In view of the above findings, the Court considers that there is no need to deal separately with the applicants’ complaints under Article 6 of the Convention concerning other aspects of the fairness of the administrative offence proceedings and alleged restrictions on the right to examine witnesses.
VI. APPLICATION OF ARTICLE 41 OF THE CONVENTION
14. 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.”
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,
1. Decides to join the applications;
2. Holds that it has jurisdiction to deal with the applicants’ complaints as they relate to facts that took place before 16 September 2022;
3. Declares the complaints concerning the dispersal of the public assembly 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 deal separately with the remaining complaints of the applicants under Article 6 of the Convention;
4. Holds that these applications disclose a breach of Article 11 of the Convention concerning the dispersal of the public assembly;
5. Holds that there has been a violation of the Convention as regards the other complaints raised under the well-established case-law of the Court (see appended table);
6. 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 13 April 2023, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Faris Vehabović
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)
|
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] | |
|
|
8507/20 31/01/2020 |
Andrey Yuryevich ZENKIN 1993 |
Memorial Human Rights Centre Moscow |
Manifestation for fair elections to Mosgorduma
Tverskaya str., Moscow
27/07/2019 |
Article 20.2 § 5 of CAO |
fine of RUB 20,000 |
Moscow City Court 26/08/2019 |
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 27/07/2019 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence
|
4,000 |
|
|
9192/20 03/02/2020 |
Anton Konstantinovich PROKOSHEV 2001 |
Memorial Human Rights Centre Moscow |
Manifestation for fair elections to Mosgorduma
Moscow
27/07/2019 |
Article 20.2 § 5 of CAO |
fine of RUB 10,000 |
Moscow City Court 24/09/2019 |
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - administrative escorting for the purpose of drawing up a record of administrative offence and detention in excess of 3 hours,
Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in the administrative offence proceedings |
4,000 |
|
|
9256/20 03/02/2020 |
Margarita Vadimovna ILYUSHINA 1993 |
Memorial Human Rights Centre Moscow |
Manifestation for fair elections to Mosgorduma
Moscow
27/07/2019 |
Article 20.2 § 5 of CAO |
fine of RUB 10,000 |
Moscow City Court 26/09/2019 |
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 27/07/2019 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence,
Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in the administrative offence proceedings |
4,000 |
|
|
9275/20 03/02/2020 |
Tatyana Anatolyevna SOSNOVA 1970 |
Memorial Human Rights Centre Moscow |
Manifestation for fair elections to Mosgorduma
Moscow
27/07/2019 |
Article 20.2 § 5 of CAO |
fine of RUB 10,000 |
Moscow City Court 10/10/2019 |
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 27/07/2019 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence,
Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in the administrative offence proceedings |
4,000 |
|
|
9414/20 03/02/2020 |
Aleksandr Andreyevich ZAMYATIN 1991 |
Zboroshenko Nikolay Sergeyevich Mytishchi |
Manifestation for fair elections to Mosgorduma
Trubnaya square, Moscow
27/07/2019 |
Article 20.2 § 6.1 of CAO |
fine of RUB 20,000 |
Moscow City Court 18/09/2019 |
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 27-29/07/2019 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence
Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in administrative offence proceedings |
4,000 |
|
|
9476/20 12/02/2020 |
Yevgeniy Valeryevich FADEYENKOV 1976 |
Memorial Human Rights Centre Moscow |
Manifestation for fair elections to Mosgorduma
Moscow, Stoleshnikov alley
27/07/2019 |
Article 20.2 § 5 of CAO |
fine of RUB 15,000
fine of RUB 15.000
|
Moscow City Court 18/09/2019 |
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 27/07/2019 for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours;
Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in the administrative offence proceedings |
4,000 |
|
|
9577/20 12/02/2020 |
Svetlana Alekseyevna ASTAKHOVA 1964 |
Memorial Human Rights Centre Moscow |
Manifestation for fair elections to Mosgorduma
Moscow, Tverskaya street
27/07/2019 |
Article 20.2 § 5 of CAO |
fine of RUB 10,000
|
Moscow City Court 20/09/2019 |
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 27/07/2019 for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours;
Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in the administrative offence proceedings |
4,000 |
|
|
10254/20 13/02/2020 |
Dmitriy Valeryevich VASILYEV 1976 |
Memorial Human Rights Centre Moscow |
Manifestation for fair elections to Mosgorduma
Moscow
27/07/2019 |
Article 20.2 § 5 of CAO |
fine of RUB 20,000 |
Moscow City Court 02/09/2019 |
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - detention on 27/07/2019 in excess of 3 hours for the purpose of drawing up a record of administrative arrest;
Art. 6 (1) - lack of impartiality of tribunal - lack of the prosecuting party in the administrative offence proceedings |
4,000 |
|
|
11438/20 14/02/2020 |
Konstantin Stanislavovich OPARIN 1984 |
Yelanchik Oleg Aleksandrovich Moscow |
Manifestation against electronic voting in Mosgorduma elections
Strastnoy boulevard, Moscow
18/04/2019
Manifestation for fair elections to Mosgorduma
Tverskaya str., Moscow
27/07/2019 |
Article 20.2 § 5 of CAO
Article 20.2 § 5 of CAO |
fine of RUB 15,000
fine of RUB 15,000 |
Moscow City Court 14/08/2019
Moscow City Court 10/09/2019 |
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 18/04/2019 and the on 27-29/07/2019 in excess of 3 hours for the sole purpose of drawing up the records of administrative offence,
Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in both sets of the administrative offence proceedings
|
5,000 |
|
|
13693/20 28/02/2020 |
Sergey Leonidovich SURIN 2000 |
Yatsenko Irina Aleksandrovna Moscow |
Manifestation for fair elections to Mosgorduma
Moscow
27/07/2019 |
Article 20.2 § 6.1 of CAO |
fine of RUB 15,000 |
Moscow City Court 28/08/2019 |
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 27/07/2019 in excess of 3 hours for the sole purpose of drawing a record of administrative offence,
Art. 6 (1) - lack of impartiality of tribunal - lack of a prosecuting party in the administrative offence proceedings |
4,000 |
|
|
13740/20 22/02/2020 |
Yegor Aleksandrovich DVINYANIN 1987 |
Zakhvatov Dmitriy Igorevich Moscow |
Manifestation for fair elections to Mosgorduma
Moscow
27/07/2019 |
Article 20.2 § 5 of CAO |
fine of RUB 10,000 |
Moscow City Court 06/09/2019 |
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 27/07/2019 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence,
Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in the administrative offence proceedings |
4,000 |
|
|
14250/20 22/01/2020 |
Vladislav Gavrilovich DULTSOV 1994 |
Zboroshenko Nikolay Sergeyevich Mytishchi |
Manifestation for fair elections to Mosgorduma
Moscow
27/07/2019 |
Article 20.2 § 5 of CAO |
fine of RUB 10,000 |
Moscow City Court 10/10/2019 |
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention in excess of 3 hours on 27/07/2019 for the sole purpose of drawing up a record of administrative offence,
Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in the administrative offence proceedings |
4,000 |
|
|
14263/20 22/01/2020 |
Danila Andreyevich KUSTOVSKIY 1997 |
Zboroshenko Nikolay Sergeyevich Mytishchi |
Manifestation for fair elections to Mosgorduma
Moscow
27/07/2019 |
Article 20.2 § 8 of CAO |
fine of RUB 150,000 |
Moscow City Court 30/09/2019 |
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention in excess of 3 hours on 27/07/2019 for the sole purpose of drawing up a record of administrative offence; the applicant was only released on 29/07/2017,
Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in the administrative offence proceedings |
5,000 |
|
|
14265/20 22/01/2020 |
Valeriy Ivanovich LIVADNYY 1959 |
Zboroshenko Nikolay Sergeyevich Mytishchi |
Manifestation for fair elections to Mosgorduma
Moscow
27/07/2019 |
Article 20.2 § 5 of CAO |
fine of RUB 10,000 |
Moscow City Court 04/09/2019 |
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention in excess of 3 hours on 27/07/2019 for the sole purpose of drawing up a record of administrative offence,
Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in the administrative offence proceedings |
4,000 |
|
|
14266/20 22/01/2020 |
Aleksandr Sergeyevich NIKITIN 1989 |
Zboroshenko Nikolay Sergeyevich Mytishchi |
Manifestation for fair elections to Mosgorduma
Moscow
27/07/2019 |
Article 20.2 § 5 of CAO |
fine of RUB 15,000 |
Moscow City Court 06/11/2019 |
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention in excess of 3 hours on 27/07/2019 for the sole purpose of drawing up a record of administrative offence,
Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in the administrative offence proceedings |
4,000 |
|
|
14269/20 22/01/2020 |
Dmitriy Alekseyevich POSHVIN 1986 |
Zboroshenko Nikolay Sergeyevich Mytishchi |
Manifestation for fair elections to Mosgorduma
Moscow
27/07/2019 |
Article 20.2 § 5 of CAO |
fine of RUB 10,000 |
Moscow City Court 06/09/2019 |
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention in excess of 3 hours on 27/07/2019 for the sole purpose of drawing up a record of administrative offence,
Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in the administrative offence proceedings |
4,000 |
|
|
14298/20 22/01/2020 |
Ayur Barasovich SANDANOV 1984 |
Zboroshenko Nikolay Sergeyevich Mytishchi |
Manifestation for fair elections to Mosgorduma
Moscow
27/07/2019 |
Article 20.2 § 5 of CAO |
fine of RUB 10,000 |
Moscow City Court 30/09/2019 |
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 27/07/2019 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence,
Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in the administrative offence proceedings |
4,000 |
|
|
14300/20 22/01/2020 |
Pavel Stepanovich SARKISYAN 1971 |
Zboroshenko Nikolay Sergeyevich Mytishchi |
Manifestation for fair elections to Mosgorduma
Moscow
27/07/2019 |
Article 20.2 § 5 of CAO |
fine of RUB 10,000 |
Moscow City Court 30/10/2019 |
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 27/07/2019 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence,
Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in the administrative offence proceedings |
4,000 |
|
|
14301/20 22/01/2020 |
Aleksandr Yaroslavovich SEMENOV 1998 |
Zboroshenko Nikolay Sergeyevich Mytishchi |
Manifestation for fair elections to Mosgorduma
Moscow
27/07/2019 |
Article 20.2 § 5 of CAO |
fine of RUB 10,000 |
Moscow City Court 30/09/2019 |
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 27/07/2019 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence,
Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in the administrative offence proceedings |
4,000 |
|
|
14305/20 22/01/2020 |
Artem Simonovich SOLOVEYCHIK 1960 |
Zboroshenko Nikolay Sergeyevich Mytishchi |
Manifestation for fair elections to Mosgorduma
Moscow
27/07/2019 |
Article 20.2 § 5 of CAO |
fine of RUB 10,000 |
Moscow City Court 08/10/2019 |
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 27/07/2019 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence,
Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in the administrative offence proceedings |
4,000 |
|
|
14307/20 22/01/2020 |
Aleksandr Andreyevich STARIKOV 1995 |
Zboroshenko Nikolay Sergeyevich Mytishchi |
Manifestation for fair elections to Mosgorduma
Moscow
27/07/2019 |
Article 20.2 § 5 of CAO |
fine of RUB 10,000 |
Moscow City Court 30/09/2019 |
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 27/07/2019 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence,
Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in the administrative offence proceedings |
4,000 |
|
|
14311/20 22/01/2020 |
Ivan Nikolayevich SHKUTA 1985 |
Zboroshenko Nikolay Sergeyevich Mytishchi |
Manifestation for fair elections to Mosgorduma
Moscow
27/07/2019 |
Article 20.2 § 5 of CAO |
fine of RUB 10,000 |
Moscow City Court 16/10/2019 |
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 27-28/07/2019 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence,
Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in the administrative offence proceedings |
4,000 |
