MAKSIMOVA AND OTHERS v. RUSSIA - 47048/21 (Article 11 - Freedom of assembly and association : Fifth Section Committee) [2024] ECHR 182 (22 February 2024)

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Cite as: [2024] ECHR 182

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FIFTH SECTION

CASE OF MAKSIMOVA AND OTHERS v. RUSSIA

(Applications nos. 47048/21 and 20 others -

see appended list)

 

 

 

 

 

 

JUDGMENT

 

STRASBOURG

22 February 2024

 

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


In the case of Maksimova and Others v. Russia,

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

 María Elósegui, President,
 Mattias Guyomar,
 Kateřina Šimáčková, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 1 February 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.

THE LAW

  1. 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.

  1. 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).

  1. 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 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.

  1. 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.


13.  Having examined all the material before it, the Court concludes that these complaints also disclose violations of the Convention in the light of its findings in Lashmankin and Others v. Russia, nos. 57818/09 and 14 others, § 489, 7 February 2017, 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).

  1. REMAINING COMPLAINTS


14.  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 above, the Court considers that there is no need to deal separately with these remaining complaints.

  1. APPLICATION OF ARTICLE 41 OF THE CONVENTION


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 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;
  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 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 22 February 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

 Viktoriya Maradudina María Elósegui
 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 offence (code of administrative offences, CAO)

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 (in euros)[1]

  1.    

47048/21

15/09/2021

Eleonora Vitalyevna MAKSIMOVA

2001

Zhdanov Ivan Yuryevich

Vilnius

Rally in support of Mr A. Navalnyy

 

Ufa

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Supreme Court of the Bashkortostan Republic

24/03/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 1.38 p.m. to 5.40 p.m. on 31/01/2021,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Supreme Court of the Bashkortostan Republic, 24/03/2021.

 

4,000

  1.    

48482/21

25/08/2021

Dmitriy Alekseyevich ZUYEV

1998

Zhdanov Ivan Yuryevich

Vilnius

Rally in support of Mr A. Navalnyy

 

Vladimir

 

23/01/2021

article 20.2 § 6.1 of CAO

fine of RUB 10,000

Vladimir Regional Court

15/03/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 2.10 p.m. on 23/01/2021 to 25/01/2021,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Vladimir Regional Court, 15/03/2021.

 

4,000

  1.    

48590/21

15/09/2021

Vladimir Vladimirovich USACHEV

1976

Zhdanov Ivan Yuryevich

Vilnius

Rally in support of Mr A. Navalnyy

 

Vladimir

 

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Vladimir Regional Court

24/03/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 4.30 p.m. 23/01/2021 to 25/01/2021, hearing in the applicant's administrative-offence case,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Vladimir Regional Court, 24/03/2021.

 

4,000

  1.    

48912/21

24/09/2021

Temir Sabitovich NURBAYEV

1989

Zhdanov Ivan Yuryevich

Vilnius

Rally in support of Mr A. Navalnyy

 

Pyatigorsk

 

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Stavropol Regional Court

31/03/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 3.30 p.m. on 23/01/2021 to 24/01/2021, hearing in the applicant's administrative-offence case,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Stavropol Regional Court, 31/03/2021.

 

4,000

  1.    

49892/21

22/09/2021

Anton Romanovich DEMCHUK

2001

Bochilo Anna Yevgenyevna

Barnaul

Rally in support of Mr A. Navalnyy

 

Moscow

 

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

23/06/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 3.30 p.m. to an unspecified time in the evening on 23/01/2021,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 23/06/2021.

 

4,000

  1.    

51356/21

18/09/2021

Yana Yakovlevna TSYGANKOVA

1997

Zboroshenko Nikolay Sergeyevich

Mytishchi

Rally in support of Mr A. Navalnyy

 

Moscow

 

23/01/2021

 

Rally in support of Mr A. Navalnyy

 

Moscow

 

02/02/2021

article 20.2 § 5 of CAO

 

 

 

 

 

article 20.2 § 6.1 of CAO

fine of RUB 15,000

 

 

 

 

 

administrative detention of 10 days

Moscow City Court

29/06/2021

 

 

 

 

Moscow City Court

14/04/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence:

- on 23/01/2021

- on 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 - final decisions: Moscow City Court, 14/04/2021 and 29/06/2021.

 

5,000

  1.    

51788/21

15/10/2021

Alina Aleksandrovna ALEKSEYEVA

2000

Zhdanov Ivan Yuryevich

Vilnius

Rally in support of Mr A. Navalnyy

 

Moscow

 

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

26/04/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 5.30 p.m. on 23/01/2021, to 00.30 a.m. on 24/01/2021, the applicant remained detained even after the offence report had been drawn up,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 26/04/2021.

4,000

  1.    

51793/21

15/10/2021

Yegor Mikhaylovich KOSTIN

2021

Zhdanov Ivan Yuryevich

Vilnius

Rally in support of Mr A. Navalnyy

 

Voronezh

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Voronezh Regional Court

27/04/2021

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Voronezh Regional Court, 27/04/2021.

3,500

  1.    

51935/21

15/10/2021

Erik Aleksandrovich ARTAMONOV

2001

Zhdanov Ivan Yuryevich

Vilnius

Rally in support of Mr A. Navalnyy

 

Tomsk

 

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Tomsk Regional Court

23/04/2021

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Tomsk Regional Court, 23/04/2021.

3,500

  1.  

52385/21

07/10/2021

Aleksey Fedorovich KRUGLOV

1985

Usanova Olimpiada Valentinovna

Nizhniy Novgorod

Rally in support of Mr A. Navalnyy

 

Nizhniy Novgorod

 

31/01/2021

article 20.2 § 6.1 of CAO

fine of RUB 10,000

Nizhniy Novgorod Regional Court

07/04/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 12.35 p.m. on 31/01/2021 to 5.00 p.m. on 01/02/2021, hearing in the applicant's administrative-offence case,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Nizhniy Novgorod Regional Court, 07/04/2021.

 

4,000

  1.  

52480/21

09/10/2021

Vladimir Fedorovich KOLBUNOV

1957

Bochilo Anna Yevgenyevna

Barnaul

Rally in support of Mr A. Navalnyy

 

Barnaul

 

21/04/2021

article 20.2 § 5 of CAO

fine of RUB 15,000

Altay Regional Court

15/07/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence, on 21/04/2021,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Altay Regional Court, 15/07/2021.

 

4,000

  1.  

52482/21

09/10/2021

Valentina Petrovna KOLBUNOVA

1957

Bochilo Anna Yevgenyevna

Barnaul

Rally in support of Mr A. Navalnyy

 

Barnaul

 

21/04/2021

article 20.2 § 5 of CAO

fine of RUB 15,000

Altay Regional Court

15/07/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence, on 21/04/2021,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Altay Regional Court, 15/07/2021.

 

4,000

  1.  

53233/21

06/10/2021

Svetlana Azimatovna BATCHAYEVA

1997

Zboroshenko Nikolay Sergeyevich

Mytishchi

Rally in support of Mr A. Navalnyy

 

Moscow

 

02/02/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

23/08/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence on 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 - final decision: Moscow City Court, 23/08/2021

4,000

  1.  

53500/21

07/10/2021

Yevgeniy Aleksandrovich KISILEV

1983

Usanova Olimpiada Valentinovna

Nizhniy Novgorod

Rally in support of Mr A. Navalnyy

 

Nizhniy Novgorod

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Nizhniy Novgorod Regional Court

07/04/2021

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Nizhniy Novgorod Regional Court, 07/04/2021.

 

3,500

  1.  

53788/21

21/10/2021

Nikolay Danilovich KORYAGIN

1990

Zhdanov Ivan Yuryevich

Vilnius

Rally in support of Mr A. Navalnyy

 

Kazan

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Supreme Court of the Tatarstan Republic

28/04/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 12.50 p.m. on 31/01/2021 to 01/02/2021, hearing in the applicant's administrative-offence case.

 

4,000

  1.  

53942/21

19/10/2021

Stanislava Vadimovna LYAPINA

2002

Zboroshenko Nikolay Sergeyevich

Mytishchi

Rally in support of Mr A. Navalnyy

 

Moscow

 

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

21/07/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence on 23/01/2021,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 21/07/2021.

 

4,000

  1.  

54069/21

14/10/2021

Daniil Aleksandrovich KLESTOV

1999

Zboroshenko Nikolay Sergeyevich

Mytishchi

Rally in support of Mr A. Navalnyy

 

Moscow

 

02/02/2021

article 20.2 § 5 of CAO

fine of RUB 12,000

Moscow City Court

11/05/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence, on 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 - final decision, Moscow City Court, 11/05/2021.

 

 

 

4,000

  1.  

54169/21

14/10/2021

Galina Sergeyevna YAKOVENKO

1999

Zboroshenko Nikolay Sergeyevich

Mytishchi

Rally in support of Mr A. Navalnyy

 

Moscow

 

02/02/2021

article 20.2 § 5 of CAO

fine of RUB 12,000

Moscow City Court

23/08/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence on 02/02/2021,

 

Art. 6 (1) - lack of impartiality of tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 23/08/2021.

 

4,000

  1.  

54261/21

15/10/2021

Sergey Yuryevich ANDREYEV

1981

Zboroshenko Nikolay Sergeyevich

Mytishchi

Rally in support of Mr A. Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

administrative detention of 10 days

Moscow City Court

13/05/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 31/01/2021 to 01/02/2021, hearing in the applicant's administrative-offence case,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 13/05/2021.

 

5,000

  1.  

54267/21

15/10/2021

Vasiliy Eduardovich STRASHKO

1996

Zboroshenko Nikolay Sergeyevich

Mytishchi

Rally in support of Mr A. Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

09/07/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 1.15 p.m. on 31/01/2021 to midnight,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 09/07/2021.

 

4,000

  1.  

55306/21

23/10/2021

Mikhail Vadimovich PAKHOTNYKH

1992

Zboroshenko Nikolay Sergeyevich

Mytishchi

Rally in support of Mr A. Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

09/06/2021

Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence on 31/01/2021,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 09/06/2021.

 

4,000

 

 


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


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