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European Court of Human Rights


You are here: BAILII >> Databases >> European Court of Human Rights >> RAZUMOV AND OTHERS v. RUSSIA - 27850/18 (Judgment : Article 11 - Freedom of assembly and association : Second Section Committee) [2023] ECHR 408 (11 May 2023)
URL: http://www.bailii.org/eu/cases/ECHR/2023/408.html
Cite as: ECLI:CE:ECHR:2023:0511JUD002785018, [2023] ECHR 408, CE:ECHR:2023:0511JUD002785018

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SECOND SECTION

CASE OF RAZUMOV AND OTHERS v. RUSSIA

(Applications nos. 27850/18 and 19 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 Razumov 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 organisers or 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 [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 organisers 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.


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, having dismissed the Government’s objection of non-exhaustion of domestic remedies (see Smadikov v. Russia (dec.), no. 10810/15, 31 January 2017) and having due regard to the issue of compliance with the six-month period under Article 35 § 1 of the Convention (see Saakashvili v. Georgia (dec.), nos. 6232/20 and 22394/20, §§ 46-59, 1 March 2022, in which the Court addressed the COVID related extension of the period in question), 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 [Committee], no. 6095/09, § 76, 23 July 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 the 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;

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 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]

 

27850/18

29/05/2018

Andrey Igorevich RAZUMOV

1997

Zhdanov Ivan Yuryevich

Vilnius

Rally in support of A. Navalnyy

 

Yaroslavl

 

07/10/2017

Article 20.2 § 6.1 of CAO

20 hours of compulsory labour

Yaroslavl Regional Court

29/11/2017

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 07/10/2017 for more than 3 hours for the sole purpose of drawing up a record of administrative offence,

 

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

4,000

 

53532/18

02/11/2018

Yuriy Nikolayevich ALTUKHOV

1984

Zhdanov Ivan Yuryevich

Vilnius

Manifestation against Putin’s re-election

 

Voronezh

 

05/05/2018

Article 20.2 § 5 of CAO

fine of 10,000 Russian roubles (RUB)

Voronezh Regional Court

18/06/2018

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 05/05/2018 for more than 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 proceedings

4,000

 

58172/18

30/11/2018

Aleksey Valeryevich TYURIN

1984

Glukhov Aleksey Vladimirovich

Novocheboksarsk

Manifestation in the memory of victims of political terror

 

Astrakhan

 

30/10/2017

Article 20.2 § 5 of CAO

fine of RUB 5,000

Astrakhan Regional Court

01/06/2018

 

3,500

 

56845/19

23/10/2019

Andrey Aleksandrovich MARKOV

1965

Memorial Human Rights Centre

Moscow

Manifestation against construction projects

 

Moscow

 

18/11/2018

Article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

24/04/2019

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 18/11/2018 for more than 3 hours for the sole purpose of drawing up a record of administrative offence,

 

Art. 6 (1) - lack of impartiality of tribunal - Lack of prosecuting authority in the administrative proceedings

4,000

 

65293/19

18/12/2019

Timur Varisovich URAZBAKHTIN

1985

Memorial Human Rights Centre

Moscow

Manifestation for fair elections to Mosgorduma

 

Moscow

 

10/08/2019

Article 20.2 § 5 of CAO

fine of RUB 10,000

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 10/08/2019 for more than 3 hours for the sole purpose of drawing up a record of administrative offence,

 

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

4,000

 

202/20

18/12/2019

Roman Fedorovich GOLOVACH

1987

Memorial Human Rights Centre

Moscow

Manifestation for fair elections to Mosgorduma

 

Moscow

 

10/08/2019

Article 20.2 § 5 of CAO

fine of RUB 15,000

Moscow City Court

04/10/2019

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 10/08/2019 for more than 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 proceedings

4,000

 

1070/20

19/12/2019

Nikolay Sergeyevich KOVALEV

1987

Pomazuyev Aleksandr Yevgenyevich

Vilnius

Manifestation for fair elections to Mosgorduma

 

Moscow

 

27/07/2019

Article 20.2 § 5 of CAO

fine of RUB 12,000

Moscow City Court

12/09/2019

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 for more than 3 hours for the sole purpose of drawing up a record of administrative offence,

 

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

4,000

 

5995/20

17/01/2020

Vadim Aleksandrovich SOKURENKO

1973

Memorial Human Rights Centre

Moscow

Manifestation against construction works

 

Moscow

 

18/11/2018

Article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

18/07/2019

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 18/11/2018 for more than 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 proceedings

4,000

 

9451/20

12/02/2020

Oleg Dmitriyevich GARANIN

1998

Memorial Human Rights Centre

Moscow

Manifestation for fair elections to Mosgorduma

 

Moscow

 

10/08/2019

Article 20.2 § 5 of CAO

fine of RUB 20,000

 

Moscow City Court

02/10/2019

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 10/08/2019 for more than 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 proceedings

4,000

 

10952/20

07/02/2020

Aleksandr Borisovich MATVEYEV

1986

Memorial Human Rights Centre

Moscow

Manifestation for fair elections

 

St Petersburg

 

10/08/2019

Article 20.2 § 5 of CAO

20 hours of community service

St Petersburg 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 10/08/2019 for more than 3 hours for the 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 proceedings

4,000

 

11433/20

07/02/2020

Doniyer Bakhtiyerovich GAIBOV

1998

Memorial Human Rights Centre

Moscow

Manifestation for fair elections to Mosgorduma

 

Moscow

 

10/08/2019

Article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

02/10/2019

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 10-11 August 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 administrative-offence proceedings

4,000

 

13352/20

03/03/2020

Larisa Yegorovna POPOVICH

1947

Memorial Human Rights Centre

Moscow

Manifestation against the housing renovation program

 

Moscow

 

27/05/2019

Article 19.3 § 1 of CAO

fine of RUB 1,000

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 - unlawful (unjustified) arrest on 27/05/2019,

 

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

4,000

 

13362/20

03/03/2020

Liliya Vladimirovna MARYENKO

1984

Memorial Human Rights Centre

Moscow

Manifestation against the housing renovation program

 

Moscow

 

27/05/2019

Article 19.3 § 1 of CAO

fine of RUB 1,000

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 - unlawful (unjustified) arrest on 27/05/2019,

 

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

4,000

 

14018/20

28/02/2020

Viktor Mikhaylovich KAPITONOV

1999

Yatsenko Irina Aleksandrovna

Moscow

Political manifestation

 

Moscow

 

13/05/2019

Article 20.2 § 8 of CAO

fine of RUB 150,000

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 - unlawful (unjustified) arrest and detention on 13-15 May 2019,

 

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

4,000

 

14294/20

27/02/2020

Stepan Rudolfovich YESAYAN

1999

Memorial Human Rights Centre

Moscow

Manifestation in support of Ivan Golunov

 

Moscow

 

12/06/2019

Article 20.2 § 6.1 of CAO

fine of RUB 10,000

 

 

Moscow City Court

26/08/2019

(the applicant received a copy of the judgment on 27/08/2019)

 

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 12/06/2019 for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours,

 

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

4,000

 

14492/20

29/02/2020

Kirill Konstantinovich KOTOV

1987

Yatsenko Irina Aleksandrovna

Moscow

Manifestation to support participants of "NET"

 

Moscow

 

13/05/2019

Article 20.2 § 8 of CAO

5 days of administrative detention

Moscow City Court

30/08/2019

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 13/05/2019 in excess of 3 hours for the sole purpose of drawing a record of administrative offence,

 

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

5,000

 

15090/20

12/03/2020

Vadim Nikolayevich PANKRATOV

1956

Kachanov Roman Yevgenyevich

Yekaterinburg

Manifestation against construction of a church

 

Yekaterinburg

 

14/05/2019

Article 20.2 § 5 of CAO

fine of 10,000 RUB

Sverdlovsk Regional Court

24/09/2019

 

3,500

 

15220/20

10/03/2020

Artur Valeryevich KHASIYEV

1993

Kachanov Roman Yevgenyevich

Yekaterinburg

Manifestation against construction of a church

 

Yekaterinburg

 

04/06/2019

Article 20.2 § 5 of CAO

fine of RUB 10,000

Sverdlovsk Regional Court

11/09/2019

 

3,500

 

15308/20

29/02/2020

Vladimir Sergeyevich PERVOVSKIY

1983

Peredruk Aleksandr Dmitriyevich

St Petersburg

Political manifestation

 

St Petersburg

 

29/06/2019

Article 20.2 § 1 of CAO

fine of RUB 10,000

St Petersburg 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 29/06-30/06/2019 in excess of 3 hours for the sole purpose of drawing a record of administrative offence,

 

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

4,000

 

18242/20

19/03/2020

Yekaterina Gennadiyevna SILAYEVA

1978

Memorial Human Rights Centre

Moscow

Manifestation for fair elections to Mosgorduma

 

Moscow

 

14/07/2019

Article 20.2 § 5 of CAO

fine of RUB 15,000

Moscow City Court

16/09/2019

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 14/07/2019 for more than 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 proceedings

4,000

 

 



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


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