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European Court of Human Rights


You are here: BAILII >> Databases >> European Court of Human Rights >> PUZANOV AND OTHERS v. RUSSIA - 3669/18 (Judgment : Article 11 - Freedom of assembly and association : Second Section Committee) [2023] ECHR 405 (11 May 2023)
URL: http://www.bailii.org/eu/cases/ECHR/2023/405.html
Cite as: ECLI:CE:ECHR:2023:0511JUD000366918, [2023] ECHR 405, CE:ECHR:2023:0511JUD000366918

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SECOND SECTION

CASE OF PUZANOV AND OTHERS v. RUSSIA

(Applications nos. 3669/18 and 29 others –

see appended list)

 

 

 

 

 

 

JUDGMENT

 

 

 

 

STRASBOURG

11 May 2023

This judgment is final but it may be subject to editorial revision.


In the case of Puzanov and Others v. Russia,


The European Court of Human Rights (Second Section), sitting as a Committee composed of:

          Lorraine Schembri Orland, President,
          Frédéric Krenc,
          Davor Derenčinović, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,


Having deliberated in private on 13 April 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 participants or organisers of public assemblies. They 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 [GC], nos. 40792/10 and 2 others, §§ 68‑73, 17 January 2023).

III.   ALLEGED VIOLATION OF ARTICLE 11 OF THE CONVENTION


7.  The applicants complained principally of disproportionate measures taken against them as participants or organisers 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.

IV.  OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW


12.  Some applicants submitted other complaints which also raised issues under the Convention and Protocols thereto, given the relevant well‑established case-law of the Court (see the 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 Butkevich v. Russia, no. 5865/07, §§ 63-64, 13 February 2018; Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 115-31, 10 April 2018; Korneyeva v. Russia, no. 72051/17, §§ 34-36, 8 October 2019; and Teslenko and Others v. Russia, nos. 49588/12 and 3 others, §§ 72-74 and 81-82, 5 April 2022, as to prompt administrative escorting to and/or detention in a police station beyond three hours for non‑custodial offences, without substantiating the impossibility to compile an offence report at a rally venue or any exceptional circumstances or another valid ground under the Code of Administrative Offences (CAO) or continued detention after the offence report was compiled; and Karelin v. Russia, no. 926/08, §§ 58-85, 20 September 2016, concerning the lack of a prosecuting party in criminal proceedings under the CAO.

V.     REMAINING COMPLAINTS


13.  In view of the findings in paragraphs 11 and 12 above, there is no need to examine the other aspects of the complaints raised by some applicants under Articles 5 and 6 of the Convention.

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 these applications as they relate to facts that took place before 16 September 2022;

3.      Declares the complaints under Article 11 of the Convention and the other complaints under well-established case-law of the Court, as set out in the appended table, admissible, and decides that it is not necessary to examine the other aspects of the complaints raised by some applicants under Articles 5 and 6 of the Convention;

4.      Holds that there has been a violation of Article 11 of the Convention;

5.      Holds that there has been a violation of the Convention as regards the other complaints raised under well-established case-law of the Court (see the 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 11 May 2023, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

                       

      Viktoriya Maradudina                                    Lorraine Schembri Orland

    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]

 

3669/18

08/01/2018

Aleksandr Viktorovich PUZANOV

1995

Terekhov Konstantin Ilyich

Moscow

Anticorruption rally

 

St Petersburg,

12/06/2017

Article 19.3 § 1 of CAO

 

Article 20.2 § 5 of CAO

fine of

RUB 500

 

fine of

RUB 3,000

St Petersburg City Court

13/07/2017

Art. 5 (1) - unlawful detention - on 12-13/06/2017 escorting to and detention in a police station for and after compiling offence reports,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - under Article 20.2 § 5 of CAO

4,000

 

3670/18

08/01/2018

Kirill Vyacheslavovich NIKITIN

1998

Terekhov Konstantin Ilyich

Moscow

Anticorruption rally

 

St Petersburg,

12/06/2017

Article 19.3 § 1 of CAO

 

Article 20.2 § 5 of CAO

fine of

RUB 500

 

fine of

RUB 10,000

St Petersburg City Court

13/07/2017

Art. 5 (1) - unlawful detention - on 12-13/06/2017 escorting to and detention in a police station for and after compiling offence reports,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - under Article 20.2 § 5 of CAO

4,000

 

3690/18

08/01/2018

German Aleksandrovich GORELIK

1967

Terekhov Konstantin Ilyich

Moscow

Anticorruption rally

 

St Petersburg,

12/06/2017

Article 19.3 § 1 of CAO

 

Article 20.2 § 5 of CAO

fine of

RUB 500

 

fine of

RUB 10,000

St Petersburg City Court

13/07/2017

Art. 5 (1) - unlawful detention - on 12-14/06/2017 escorting to and detention in a police station for and after compiling offence reports,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - under Article 20.2 § 5 of CAO

4,000

 

4025/18

08/01/2018

Sergey Leonidovich PODUSHKOV

1965

Terekhov Konstantin Ilyich

Moscow

Anticorruption rally

 

St Petersburg,

12/06/2017

Article 19.3 § 1 of CAO

 

Article 20.2 § 5 of CAO

fine of

RUB 500

 

fine of

RUB 3,000

St Petersburg City Court

20/07/2017

Art. 5 (1) - unlawful detention - on 12-14/06/2017 escorting to and detention in a police station for and after compiling offence reports,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - under Article 20.2 § 5 of CAO

4,000

 

4028/18

08/01/2018

Ivan

Ivanovich DRAGOMILOV

1990

Terekhov Konstantin Ilyich

Moscow

Anticorruption rally

 

St Petersburg,

12/06/2017

Article 19.3 § 1 of CAO

 

Article 20.2 § 5 of CAO

fine of

RUB 500

 

fine of

RUB 10,000

St Petersburg City Court

27/07/2017

Art. 5 (1) - unlawful detention - on 12-14/06/2017 escorting to and detention in a police station for and after compiling offence reports,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - under Article 20.2 § 5 of CAO

4,000

 

4820/18

12/01/2018

Vladimir Aleksandrovich FEDIN

1990

Terekhov Konstantin Ilyich

Moscow

Anticorruption rally

 

St Petersburg,

26/03/2017

Article 20.2 § 5 of CAO

fine of

RUB 10,000

St Petersburg City Court

13/07/2017

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

3,500

 

4904/18

17/01/2018

Artem

Valeryevich SOLOMKIN

1990

Terekhov Konstantin Ilyich

Moscow

Anticorruption rally

 

St Petersburg,

12/06/2017

Article 19.3 § 1 of CAO

 

Article 20.2 § 5 of CAO

fine of

RUB 1,000

 

fine of

RUB 10,000

St Petersburg City Court

18/07/2017

Art. 5 (1) - unlawful detention - on 12-13/06/2017 escorting to and detention in a police station for and after compiling offence reports,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - under Article 20.2 § 5 of CAO

4,000

 

5277/18

08/01/2018

Yevgeniy Aleksandrovich PYRYAYEV

1945

Terekhov Konstantin Ilyich

Moscow

Anticorruption rally

 

St Petersburg,

12/06/2017

Article 19.3 § 1 of CAO

 

Article 20.2 § 5 of CAO

fine of

RUB 500

 

fine of

RUB 10,000

St Petersburg City Court

11/07/2017

Art. 5 (1) - unlawful detention - on 12-13/06/2017 escorting to and detention in a police station for compiling offence reports,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - under Article 20.2 § 5 of CAO

4,000

 

6428/18

10/01/2018

Artem Valentinovich MISHCHENKO

1995

Zhdanov

Ivan Yuryevich

Vilnius

Anticorruption rally

 

St Petersburg,

12/06/2017

Article 19.3 § 1 of CAO

 

Article 20.2 § 5 of CAO

fine of

RUB 500

 

fine of

RUB 10,000

St Petersburg City Court

11/07/2017

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - under Article 20.2 § 5 of CAO

3,500

 

7226/18

10/01/2018

Svetlana

Ivanovna SAKHAROVA

1966

Zhdanov

Ivan Yuryevich

Vilnius

Anticorruption rally

 

St Petersburg,

12/06/2017

Article 19.3 § 1 of CAO

 

Article 20.2 § 5 of CAO

fine of

RUB 1,000

 

fine of

RUB 10,000

St Petersburg City Court

11/07/2017

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - under Article 20.2 § 5 of CAO

3,500

 

7571/18

12/01/2018

Yuliya

Igorevna SAVELYEVA

1994

Peredruk

Aleksandr Dmitriyevich

St Petersburg

Anticorruption rally

 

St Petersburg,

26/03/2017

Article 20.2 § 5 of CAO

fine of

RUB 10,000

St Petersburg City Court

13/07/2017

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

3,500

 

7628/18

10/01/2018

Kirill

Alekseyevich KHROMOV

1989

Zhdanov

Ivan Yuryevich

Vilnius

Anticorruption rally

 

St Petersburg,

12/06/2017

Article 19.3 § 1 of CAO

 

Article 20.2 § 5 of CAO

fine of

RUB 500

 

fine of

RUB 5,000

St Petersburg City Court

11/07/2017

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - under Article 20.2 § 5 of CAO

3,500

 

7748/18

10/01/2018

Dmitriy Vladimirovich MALYUGA

1993

Zhdanov

Ivan Yuryevich

Vilnius

Anticorruption rally

 

St Petersburg,

12/06/2017

Article 19.3 § 1 of CAO

 

Article 20.2 § 5 of CAO

fine of

RUB 1,000

 

fine of

RUB 10,000

St Petersburg City Court

11/07/2017

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - under Article 20.2 § 5 of CAO

3,500

 

8177/18

09/01/2018

Yuriy Mikhaylovich VASILYEV

1996

Peredruk

Aleksandr Dmitriyevich

St Petersburg

Anticorruption rally

 

St Petersburg,

12/06/2017

Article 20.2 § 5 of CAO

fine of

RUB 10,000

St Petersburg City Court

11/07/2017

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

3,500

 

29140/18

07/06/2018

Vladimir Viktorovich SYTNIK

1967

Zhdanov

Ivan Yuryevich

Vilnius

Anticorruption rally

 

Rostov-on-Don,

07/10/2018

Article 20.2

§ 6.1 of CAO

3 days of detention

Rostov Regional Court

07/12/2017

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

5,000

 

52988/18

26/10/2018

Eleonora Sergeyevna TERESHONOK

1995

Peredruk

Aleksandr Dmitriyevich

St Petersburg

Opposition rally

 

St Petersburg,

05/05/2018

Article 19.3 § 1 of CAO

 

Article 20.2 § 5 of CAO

fine of

RUB 500

 

fine of

RUB 10,000

St Petersburg City Court

26/06/2018

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - under Article 20.2 § 5 of CAO

3,500

 

6679/19

21/01/2019

Anton

Olegovich METELEV

1991

Zhdanov

Ivan Yuryevich

Vilnius

Opposition rally

 

Kirov,

05/05/2018

Article 20.2 § 5 of CAO

fine of

RUB 10,000

Kirov Regional Court

07/08/2018

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

3,500

 

7628/19

21/01/2019

Natalya Nikolayevna KUPRIYANOVA

1999

Zhdanov

Ivan Yuryevich

Vilnius

Opposition rally

 

Saratov,

05/05/2018

Article 20.2 § 5 of CAO

fine of

RUB 10,000

Saratov Regional Court

04/09/2018

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

3,500

 

7885/19

23/01/2019

Dmitriy Aleksandrovich VASILYEV

1980

Zhdanov

Ivan Yuryevich

Vilnius

Rally against the pension reform

 

St Petersburg,

09/09/2018

Article 20.2

§ 6.1 of CAO

6 days of detention

St Petersburg City Court

02/10/2018

Art. 5 (1) - unlawful detention - on 09-10/09/2018 detention in a police station after compiling an offence report,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

5,000

 

7915/19

23/01/2019

Dmitriy

Igorevich PAVLOV

1998

Peredruk

Aleksandr Dmitriyevich

St Petersburg

Rally against the pension reform

 

St Petersburg,

09/09/2018

Article 20.2

§ 6.1 of CAO

fine of

RUB 10,000

St Petersburg City Court

08/11/2018

Art. 5 (1) - unlawful detention - on 09-11/09/2018 escorting to and detention in a police station for and after compiling an offence report,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

4,000

 

7921/19

23/01/2019

Daniil Yaroslavovich FARADEY

1995

Peredruk

Aleksandr Dmitriyevich

St Petersburg

Rally against the pension reform

 

St Petersburg,

09/09/2018

Article 20.2

§ 6.1 of CAO

fine of

RUB 10,000

St Petersburg City Court

08/11/2018

Art. 5 (1) - unlawful detention - on 09-11/09/2018 escorting to and detention in a police station for and after compiling an offence report,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

4,000

 

8052/19

26/01/2019

Richard Richardovich ROUZ

1985

Zboroshenko Nikolay Sergeyevich

Mytishchi

Opposition rally

 

Kirov,

05/05/2018

Article 20.2 § 2 of CAO

fine of

RUB 20,000

Kirov Regional Court

18/09/2018

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

3,500

 

8150/19

19/01/2019

Marat

Faradovich SHABANOV

1984

Peredruk

Aleksandr Dmitriyevich

St Petersburg

Rally against the pension reform

 

St Petersburg,

09/09/2018

Article 20.2

§ 6.1 of CAO

fine of

RUB 10,000

St Petersburg City Court

02/10/2018

Art. 5 (1) - unlawful detention - on 09-10/09/2018 escorting to and detention in a police station for compiling an offence report,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

4,000

 

8244/19

21/01/2019

Mariya Dmitriyevna SIROTKINA

1993

Zhdanov

Ivan Yuryevich

Vilnius

Opposition rally

 

St Petersburg,

05/05/2018

Article 20.2 § 5 of CAO

fine of

RUB 10,000

St Petersburg City Court

31/07/2018

 

3,500

 

8421/19

01/02/2019

Pavel

Sergeyevich TUMENBAYEV

1988

Zhdanov

Ivan Yuryevich

Vilnius

Rally against the pension reform

 

St Petersburg,

09/09/2018

Article 20.2

§ 6.1 of CAO

fine of

RUB 15,000

St Petersburg City Court

09/10/2018

Art. 5 (1) - unlawful detention - on 09-10/09/2018 detention in a police station after compiling an offence report,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

4,000

 

8929/19

19/01/2019

Daniil Alekseyevich TROITSKIY

1998

Peredruk

Aleksandr Dmitriyevich

St Petersburg

Rally against the pension reform

 

St Petersburg,

09/09/2018

Article 20.2

§ 6.1 of CAO

40 hours of community work

St Petersburg City Court

02/10/2018

Art. 5 (1) - unlawful detention - on 09-11/09/2018 escorting to and detention in a police station for and after compiling an offence report,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

4,000

 

8998/19

22/01/2019

Yevgeniy Borisovich KASHPIREV

1993

Yesipova

Alina Vladimirovna

St Petersburg

Rally against the pension reform

 

St Petersburg,

09/09/2018

Article 20.2

§ 6.1 of CAO

10 days of detention

St Petersburg City Court

24/09/2018

Art. 5 (1) - unlawful detention - on 09-11/09/2018 escorting to and detention in a police station for and after compiling an offence report,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

5,000

 

15248/19

11/03/2019

Aleksandr Leonidovich KASATKIN

1992

Pomazuyev Aleksandr Yevgenyevich

Vilnius

Rally against the pension reform

 

St Petersburg,

09/09/2018

Article 20.2

§ 6.1 of CAO

fine of

RUB 15,000

St Petersburg City Court

16/10/2018

Art. 5 (1) - unlawful detention - on 9-10/09/2018 detention in a police station for and after compiling an offence report,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

4,000

 

16142/19

07/03/2019

Yevgeniya Eduardovna LITVINOVA

1960

Peredruk

Aleksandr Dmitriyevich

St Petersburg

Event against the pension reform

 

St Petersburg,

07/09/2018

Article 20.2 § 5 of CAO

fine of

RUB 10,000

St Petersburg City Court

18/10/2018

Art. 5 (1) - unlawful detention - on 26-27/09/2018 escorting to and detention in a police station for and after compiling an offence report in relation to the event on 07/09/2018,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

4,000

 

24478/19

30/04/2019

Eduard Viktorovich SHITIK

1961

Peredruk

Aleksandr Dmitriyevich

St Petersburg

Event against the pension reform

 

St Petersburg,

07/09/2018

Article 20.2 § 5 of CAO

fine of

RUB 10,000

St Petersburg City Court

21/02/2019

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

3,500

 



[1] Plus any tax that may be chargeable to the applicants.


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URL: http://www.bailii.org/eu/cases/ECHR/2023/405.html