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You are here: BAILII >> Databases >> European Court of Human Rights >> KIRSANOV AND OTHERS v. RUSSIA - 43191/21 (Article 11 - Freedom of assembly and association : Third Section Committee) [2024] ECHR 243 (21 March 2024) URL: http://www.bailii.org/eu/cases/ECHR/2024/243.html Cite as: [2024] ECHR 243 |
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THIRD SECTION
CASE OF KIRSANOV AND OTHERS v. RUSSIA
(Applications nos. 43191/21 and 21 others -
see appended list)
JUDGMENT
STRASBOURG
21 March 2024
This judgment is final but it may be subject to editorial revision.
In the case of Kirsanov 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 22 February 2024,
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 organisers or participants of public assemblies. They also raised other complaints under the provisions of the Convention.
THE LAW
5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.
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).
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.
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 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; and 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).
14. Some applicants raised further additional complaints under Article 6 of the Convention concerning the 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.
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,
(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 21 March 2024, 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)
Application no. Date of introduction | Applicant's name Year of birth
| Representative's name and location | Name of the public event Location Date | Administrative / criminal 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] | |
11/08/2021 | Ivan Nikolayevich KIRSANOV 2002 | Nurgaleyev Danil Ilnurovich Kazan | Manifestation in support of Navalnyy
Kazan, Tatarstan Republic 23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Supreme Court of the Tatarstan Republic 17/02/2021 | Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 2.30 p.m. on 23/01/2021 to 2 p.m. on 24/01/2021 for the purpose of drawing up an administrative offence record and bringing the applicant to court hearing, raised on appeal | 4,000 | |
26/08/2021 | Viktoriya Andreyevna KURBATOVA 1994 | Zubarev Dmitriy Vladimirovich Vladivostok | Manifestation in support of Navalnyy
Vladivostok 31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Primorye Regional Court 20/05/2021 | Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 2.30 p.m. to 8 p.m. on 31/01/2021 for the purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Primorye Regional Court, 20/05/2021 | 4,000 | |
25/08/2021 | Andrey Valentinovich ZELENOV 1975 | Bubon Konstantin Vladimirovich Khabarovsk | Manifestation in support of Furgal and Navalnyy
Khabarovsk 23/01/2021 | article 20.2 § 6.1 of CAO | fine of RUB 15,000 | Khabarovsk Regional Court 18/03/2021 | Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 3.20 on 23/01/2021 to 25/01/2021 for the purpose of drawing up an administrative offence record and bringing the applicant to court hearing, raised on appeal | 4,000 | |
03/09/2021 | Anton Aleksandrovich SUKHANOV 1993 | Vertegel Feliks Yevgenyevich Krasnodar | Manifestation in support of Navalnyy
Krasnodar 23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Krasnodar Regional Court 15/03/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Krasnodar Regional Court, 15/03/2021 | 3,500 | |
18/09/2021 | Aleksandr Pavlovich SMIRNOV 1987 | Nemanov Vladimir Sergeyevich Moscow | Manifestation in support of Navlanyy
Moscow 31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Moscow City Court 06/04/2021 | Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 5.30 p.m. on 31/01/2021 to about 1.30 a.m. on 01/02/2021 for the purpose of drawing up an administrative offence record, raised on appeal,
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, 06/04/2021
| 4,000 | |
24/09/2021 | Yelena Aleksandrovna PIROGOVA 1960 | Zhdanov Ivan Yuryevich Vilnius | Manifestation in support of Navalnyy
Staryy Oskol 31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Belgorod Regional Court 29/03/2021 | Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 12.30 p.m. to 7 p.m. on 31/01/2021 for the sole purpose of drawing a record of administrative offence, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Belgorod Regional Court, 29/03/2021 | 4,000 | |
16/09/2021 | Yuliya Sergeyevna DEMIDOVA 1997 | Yatsenko Irina Aleksandrovna Moscow | Manifestation in support of Navalnyy
Moscow 31/01/2021 | article 20.2 § 6.1 of CAO | fine of RUB 10,000 | Moscow City Court 16/03/2021 | Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 12 p.m. on 31/01/2021 to 9.30 p.m. on 01/02/2021 for the purpose of drawing up an administrative offence record and bringing the applicant to court hearing, raised on appeal,
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, 16/03/2021
| 4,000 | |
22/09/2021 | Aleksandr Vladimirovich VOLKOV 1991 | Aksenova Darya Dmitriyevna Kolomna | Manifestation in support of Navalnyy
Moscow 23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 22/04/2021 | Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 12.09 p.m. until unspecified time on 23/01/2021 (more than three hours) for the sole purpose of drawing up an administrative offence record, raised on appeal,
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, 22/04/2021 | 4,000 | |
01/10/2021 | Igor Olegovich YERMACHENKOV 1963 | Zhdanov Ivan Yuryevich Vilnius | Manifestation in support of Navalnyy
Arkhangelsk 23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Arkhangelsk Regional Court 09/04/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Arkhangelsk Regional Court, 09/04/2021
| 3,500 | |
01/10/2021 | Artur Arturovich SIDOROV 1992 | Pomazuyev Aleksandr Yevgenyevich Vilnius | Manifestation in support of Navalnyy
Yaroslavl 31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Yaroslavl Regional Court 08/04/2021 | Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 12.20 p.m. to 7 p.m. on 31/01/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Yaroslavl Regional Court, 08/04/2021
| 4,000 | |
30/09/2021 | Irada Nazimovna KAMINSKAYA 1972 | Dubrovina Marina Alekseyevna Novorossiysk | Manifestation in support of Navalnyy
Anapa, Krasnodar Region 31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 12,000 | Krasnodar Regional Court 31/03/2021 | Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 1.10 p.m. to 8.30 p.m. on 31/01/2021 for the sole purpose of drawing up an administrative offence record and bringing the applicant to the court hearing, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Krasnodar Regional Court, 31/03/2021 | 4,000 | |
28/09/2021 | Vladimir Vladimirovich KALASHNIKOV 1982 | Aksenova Darya Dmitriyevna Kolomna | Manifestation in support of Navalnyy
Moscow 23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Moscow City Court 20/04/2021 | Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 2.10 p.m. to unspecified time on 23/01/2021 for the sole purpose of drawing a record of administrative offence, raised on appeal,
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, 20/04/2021 | 4,000 | |
28/09/2021 | Yuriy Vladimirovich ZAYTSEV 1962 | Aksenova Darya Dmitriyevna Kolomna | Manifestation in support of Navalnyy
Moscow 23/01/2021 | article 20.2 § 6.1 of CAO | fine of RUB 15,000 | Moscow City Court 13/05/2021 | Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 6.25 p.m. to unspecified time on 23/01/2021 for the sole purpose of drawing up a record of administrative offence, raised on appeal,
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
| 4,000 | |
05/10/2021 | Maksim Yuryevich TARASOV 1998 | Valenkov Andrey Olegovich Nizhniy Novgorod | Manifestation in support of 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, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 12.25 p.m. on 31/01/2021 to 3.30 p.m. on 01/02/2021 for the sole reason of drawing up an administrative offence record and bringing the applicant to the court hearing, raised on appeal,
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 | |
15/10/2021 | Anastasiya Igorevna RODIONOVA 1992 | Zhdanov Ivan Yuryevich Vilnius | Manifestation in support of Navalnyy
Saransk 23/01/2021 | article 20.2 § 6.1 of CAO | fine of RUB 10,000 | Supreme Court of the Republic of Mordovia 28/04/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Supreme Court of the Mordovia Republic, 28/04/2021
| 3,500 | |
15/10/2021 | Yana Valeryevna FOMINA 1994 | Zhdanov Ivan Yuryevich Vilnius | Manifestation in support of Navalnyy
Kursk 23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Kursk Regional Court 27/04/2021 | Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 2.55 p.m. to 7.15 p.m. on 23/01/2021 for the sole purpose of drawing up an administrative offence record, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Kursk Regional Court, 27/04/2021 | 4,000 | |
01/10/2021 | Darina Ruslanovna PRAZDNIKOVA 2002 | Nurgaleyev Danil Ilnurovich Kazan | Manifestation in support of Navalnyy
Kazan 31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Supreme Court of Tatarstan Republic 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: Supreme Court of Tatarstan Republic, 21/04/2021 | 3,500 | |
23/09/2021 | Yan Vladimirovich KOLCHANOV 1983 | Bushmakov Aleksey Vladimirovich Yekaterinburg | Manifestation in support of Navalnyy
Yekaterinburg 23/01/2021 | article 20.2 § 5 of CAO | 20 hours of community service | Sverdlovsk Regional Court 13/05/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Sverdlovsk Regional Court, 13/05/2021 | 3,500 | |
23/09/2021 | Aleksey Vladimirovich CHELYSHEV 1995 | Bushmakov Aleksey Vladimirovich Yekaterinburg | Manifestation in support of Navalnyy
Yekaterinburg 23/01/2021 | article 20.2 § 5 of CAO | 20 hours of community service | Sverdlovsk Regional Court 09/06/2021 | Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 3.27 p.m. to unspecified time on 23/01/20201 for the sole purpose of drawing a record of administrative offence, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Sverdlovsk Regional Court, 09/06/2021 | 4,000 | |
23/09/2021 | Timofey Vasilyevich RADYA 1988 | Bushmakov Aleksey Vladimirovich Yekaterinburg | Manifestation in support of Navalnyy
Yekaterinburg 23/01/2021 | article 20.2 § 5 of CAO | 39 hours of community service | Sverdlovsk Regional Court 13/07/2021 | Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 3.27 p.m. to unspecified time on 23/01/20201 for the sole purpose of drawing a record of administrative offence, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Sverdlovsk Regional Court, 13/07/2021 | 4,000 | |
07/11/2021 | Mukhamad Amridin SIRIDZHIDINZODA 1999 | Zboroshenko Nikolay Sergeyevich Mytishchi | Manifestation in support of Izzat Amon
Moscow 02/04/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 13/07/2021 | Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 2 p.m. to unspecified time on 02/04/2021 for the sole purpose of drawing a record of administrative offence, raised on appeal,
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, 13/07/2021 | 4,000 | |
22/10/2022 | Rustem Rinatovich NABIULLIN 1996 |
| Manifestation against the war in Ukraine
Kazan 13/03/2022
| article 20.2 § 5 of CAO
article 20.3.3 of CAO, § 1 | fine of RUB 10,000
fine of RUB 30,000 | Supreme Court of the Tatarstan Republic 22/06/2022
Supreme Court of the Tatarstan Republic 06/07/2022 | Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention from 2.30 p.m. on 13/03/2022 to 14/03/2022 for the sole purpose of drawing up an administrative offence record and bringing the applicant to court hearing, raised on appeal | 4,000 |
[1] Plus any tax that may be chargeable to the applicants.