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You are here: BAILII >> Databases >> European Court of Human Rights >> OLSHANOV AND OTHERS v. RUSSIA - 71114/17 (Article 11 - Freedom of assembly and association : First Section Committee) [2024] ECHR 203 (07 March 2024) URL: http://www.bailii.org/eu/cases/ECHR/2024/203.html Cite as: [2024] ECHR 203 |
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FIRST SECTION
CASE OF OLSHANOV AND OTHERS v. RUSSIA
(Applications nos. 71114/17 and 29 others -
see appended list)
JUDGMENT
STRASBOURG
7 March 2024
This judgment is final but it may be subject to editorial revision.
In the case of Olshanov and Others v. Russia,
The European Court of Human Rights (First Section), sitting as a Committee composed of:
Lətif Hüseynov, President,
Ivana Jelić,
Erik Wennerström, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 8 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. Some applicants also raised other complaints under the provisions of the Convention or Protocols to it.
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, and having taken into account the issue of compliance with the six-month time-limit 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.
12. Some applicants submitted other complaints which also raised issues under the Convention and its Protocols, 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 and its Protocols 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; 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; Martynyuk v. Russia, no. 13764/15, §§ 38-42, 8 October 2019, relating to the lack of suspensive effect of an appeal against the sentence of administrative detention; and Elvira Dmitriyeva v. Russia, nos. 60921/17 and 7202/18, §§ 77-90, 30 April 2019, concerning administrative convictions for making calls to participate in public events.
14. Some applicants raised further additional complaints under the Convention or Protocols to it. In view of the findings in paragraphs 11 and 13 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 7 March 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Lətif Hüseyno
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 offence | 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] | |
18/09/2017 | Nikita Yevgenyevich OLSHANOV 1994 | Popkov Aleksandr Vasilyevich Sochi | Anticorruption rally
Krasnodar 26/03/2017 | article 19.3 § 1 of CAO | 10 days of detention | Krasnodar Regional Court 06/04/2017 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 5,000 | |
26/01/2018 | Ulyana Nikolayevna TIMOFEYEVA 1989 |
| Anticorruption rally
St Petersburg 12/06/2017 | article 20.2 § 5 of CAO | fine of RUB 5,000 | St Petersburg City Court 27/07/2017 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 3,500 | |
15/04/2018 | Ilya Vladislavovich CHUMAKOV 1998 | Kulakova Yevgeniya Yuryevna St Petersburg | Rally to support A. Navalnyy
St Petersburg 08/10/2017
| article 19.3 § 1 of CAO
article 20.2 § 5 of CAO | 10 days of detention
fine of RUB 10,000 | St Petersburg City Court 16/10/2017
St Petersburg City Court 26/10/2017
| Art. 5 (1) - unlawful detention - on 08-09/10/2017 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 both sets of administrative-offence proceedings. | 5,000 | |
24/04/2018 | Igor Sergeyevich SHTIN 1997 |
| Rally to support A. Navalnyy
Yekaterinburg 07/10/2017 | article 20.2 § 5 of CAO | 20 hours of community work | Sverdlovsk Regional Court 17/01/2018 |
| 3,500 | |
06/12/2018 | Yevgeniy Gennadyevich ALEKSANDROV 1995 | Glukhov Aleksey Vladimirovich Novocheboksarsk | Opposition rally
Cheboksary 05/05/2018
| article 20.2 § 5 of CAO
article 20.2 § 5 of CAO | fine of RUB 20,000
30 hours of community work | Supreme Court of the Chuvashia Republic 07/06/2018
Supreme Court of the Chuvashia Republic 07/06/2018 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of administrative-offence proceedings. | 3,500 | |
06/12/2018 | Igor Vladimirovich SHARKOV 1992 | Glukhov Aleksey Vladimirovich Novocheboksarsk | Opposition rally
Cheboksary 05/05/2018 | article 20.2 § 5 of CAO
article 20.2 § 5 of CAO | 20 hours of community work
30 hours of community work | Supreme Court of the Chuvashia Republic 07/06/2018
Supreme Court of the Chuvashia Republic 07/06/2018 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of administrative-offence proceeding. | 3,500 | |
11/12/2018 | Maksim Ilyich PYATAKOV 1999 | Sholokhov Igor Nikolayevich Kazan | Rally against the pension reform
Kazan 09/09/2018 | article 20.2 § 2 of CAO | 4 days of detention | Supreme Court of the Tatarstan Republic 14/09/2018 | Art. 5 (1) - unlawful detention - on 09-11/09/2018 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,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - immediate execution of the sentence of detention; an appeal against conviction had no suspensive effect. | 5,000 | |
11/12/2018 | Nikolay Aleksandrovich POTAPOV 1996 | Sholokhov Igor Nikolayevich Kazan | Rally against the pension reform
Kazan 09/09/2018 | article 20.2 § 2 of CAO | 4 days of detention | Supreme Court of the Tatarstan Republic 18/09/2018 | Art. 5 (1) - unlawful detention - on 09-10/09/2018 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,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - immediate execution of the sentence of detention; an appeal against conviction had no suspensive effect.
| 5,000 | |
11/12/2018 | Dmitriy Vyacheslavovich KAMNEV 1991 | Sholokhov Igor Nikolayevich Kazan | Rally against the pension reform
Kazan 09/09/2018 | article 20.2 § 2 of CAO | 4 days of detention | Supreme Court of the Tatarstan Republic 18/09/2018 | Art. 5 (1) - unlawful detention - on 09-10/09/2018 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,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - immediate execution of the sentence of detention; an appeal against conviction had no suspensive effect. | 5,000 | |
11/12/2018 | Igor Vasilyevich BASHKIN 1997 | Sholokhov Igor Nikolayevich Kazan | Rally against the pension reform
Kazan 09/09/2018 | article 20.2 § 2 of CAO | 4 days of detention | Supreme Court of the Tatarstan Republic 18/09/2018 | Art. 5 (1) - unlawful detention - on 09-10/09/2018 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,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - immediate execution of the sentence of detention; an appeal against conviction had no suspensive effect. | 5,000 | |
11/12/2018 | Roman Anatolyevich YAKOVLEV 1995 | Sholokhov Igor Nikolayevich Kazan | Rally against the pension reform
Kazan 09/09/2018 | article 20.2 § 2 of CAO | 4 days of detention | Supreme Court of the Tatarstan Republic 18/09/2018 | Art. 5 (1) - unlawful detention - on 09-10/09/2018 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,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - immediate execution of the sentence of detention; an appeal against conviction had no suspensive effect. | 5,000 | |
19/12/2018 | Denis Valeryevich MOLEYKIN 1989 | Sholokhov Igor Nikolayevich Kazan | Rally against the pension reform
Kazan 09/09/2018 | article 20.2 § 2 of CAO | fine of RUB 20,000 | Supreme Court of the Tatarstan Republic 21/11/2018 | Art. 5 (1) - unlawful detention - on 09-10/09/2018 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 | |
19/12/2018 | Pavel Nikolayevich PROSKURYAKOV 1999 | Sholokhov Igor Nikolayevich Kazan | Rally against the pension reform
Kazan 09/09/2018 | article 20.2 § 2 of CAO | 4 days of detention | Supreme Court of the Tatarstan Republic 19/09/2018 | Art. 5 (1) - unlawful detention - on 09-10/09/2018 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,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - immediate execution of the sentence of detention; an appeal against conviction had no suspensive effect. | 5,000 | |
19/12/2018 | Oleg Fedorovich ANKUDINOV 1979 | Sholokhov Igor Nikolayevich Kazan | Rally against the pension reform
Kazan 09/09/2018 | article 20.2 § 2 of CAO | 4 days of detention | Supreme Court of the Tatarstan Republic 18/09/2018 | Art. 5 (1) - unlawful detention - on 09-10/09/2018 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,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - immediate execution of the sentence of detention; an appeal against conviction had no suspensive effect. | 5,000 | |
19/12/2018 | Ruslan Damirovich ISKHAKOV 1985 | Sholokhov Igor Nikolayevich Kazan | Rally against the pension reform
Kazan 09/09/2018 | article 20.2 § 2 of CAO | 4 days of detention | Supreme Court of the Tatarstan Republic 27/09/2018 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - immediate execution of the sentence of detention; an appeal against conviction had no suspensive effect. | 5,000 | |
19/12/2018 | Renat Fatykhovich SALIMOV 1980 | Sholokhov Igor Nikolayevich Kazan | Rally against the pension reform
Kazan 09/09/2018 | article 20.2 § 2 of CAO | 4 days of detention | Supreme Court of the Tatarstan Republic 12/09/2018 | Art. 5 (1) - unlawful detention - on 09-10/09/2018 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,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - immediate execution of the sentence of administrative detention; an appeal against conviction had no suspensive effect. | 5,000 | |
19/12/2018 | Ilnaz Ilyasovich ZIGANSHIN 1996 | Sholokhov Igor Nikolayevich Kazan | Rally against the pension reform
Kazan 09/09/2018
Rally to support A. Navalnyy
Kazan 23/01/2021 | article 20.2 § 2 of CAO
article 20.2 § 5 of CAO | 4 days of detention
fine of RUB 10,000 | Supreme Court of the Tatarstan Republic 14/09/2018
Supreme Court of the Tatarstan Republic 31/03/2021 | Art. 5 (1) - unlawful detention - on 09-10/09/2018 and 23-24/01/2021 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 in 2018,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - immediate execution of the sentence of detention in 2018; an appeal against conviction had no suspensive effect. | 5,000 | |
08/01/2019 | Yuliya Vladimirovna USPENSKAYA 1981 | Zboroshenko Nikolay Sergeyevich Mytishchi | Anticorruption rally
Moscow 12/06/2017 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 20/08/2018 | Art. 5 (1) - unlawful detention - on 12/06/2017 escorting to 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 | |
17/01/2019 | Anastasiya Alekseyevna ORLOVA 1991 | Peredruk Aleksandr Dmitriyevich St Petersburg | Rally against the pension reform
St Petersburg 09/09/2018 | article 20.2 § 6.1 of CAO | 5 days of detention | St Petersburg City Court 12/09/2018 | Art. 5 (1) - unlawful detention - on 09/09/2018 escorting to 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,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - immediate execution of the sentence of administrative detention; an appeal against conviction had no suspensive effect. | 5,000 | |
21/01/2019 | Viktor Anatolyevich SHALAYEV 1983 | Zhdanov Ivan Yuryevich Vilnius | Anticorruption rally
Vladimir 05/05/2018 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Vladimir Regional Court 04/09/2018 |
| 3,500 | |
21/01/2019 | Aleksey Vladimirovich VOLKOV-DUBROVIN 1967 | Zhdanov Ivan Yuryevich Vilnius | Opposition rally
Moscow 05/05/2018 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Moscow City Court 16/08/2018 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 3,500 | |
21/01/2019 | Olga Vyacheslavovna OSIKINA 1992 | 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 24/07/2018 |
| 3,500 | |
24/01/2019 | Boris Andreyevich YUDIN 1993 | Sholokhov Igor Nikolayevich Kazan | Rally against the pension reform
Kazan 09/09/2018 | article 20.2 § 2 of CAO | 4 days of detention | Supreme Court of the Tatarstan Republic 18/09/2018 | Art. 5 (1) - unlawful detention - on 09-10/09/2018 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,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - immediate execution of the sentence of administrative detention; an appeal against conviction had no suspensive effect. | 5,000 | |
14/01/2019 | Bulat Rustemovich KHAYRULLIN 1997 | Sholokhov Igor Nikolayevich Kazan | Rally against the pension reform
Kazan 09/09/2018 | article 20.2 § 2 of CAO | 4 days of detention | Supreme Court of the Tatarstan Republic 18/09/2018 | Art. 5 (1) - unlawful detention - on 09-10/09/2018 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,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - immediate execution of sentence of administrative detention; an appeal against conviction had no suspensive effect.
| 5,000 | |
11/06/2019 | Vasil Andreyevich TARASOV 1998 | Sholokhov Igor Nikolayevich Kazan | Rally against the pension reform
Kazan 18/11/2018 | article 20.2 § 2 of CAO | fine of RUB 20,000 | Supreme Court of the Tatarstan Republic 30/01/2019 | Art. 5 (1) - unlawful detention - (i) on 30/12/2018-01/01/2019 escorting to and detention in a police station for and after compiling and then recompiling an offence report in relation to the rally on 18/11/2018; (ii) on 29/01/2019 escorting to a police station for compiling an offence report in relation to posting on 12/12/2018 a banner "Putin is a thief" on a tram bridge in Naberezhnye Chelny,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 4,000 | |
13/11/2019 | Nikolay Alekseyevich KASYAN 1998 | Morozova Natalya Yuryevna Moscow | Rally against the pension reform
Moscow 09/09/2018
| article 20.2 § 2 of CAO
| fine of RUB 20,000
| Moscow City Court 14/05/2019
| Art. 5 (1) - unlawful detention - (i) on 08/09/2018 escorting to a police station for compiling an offence report in relation to the rally on 09/09/2018; (ii) on 31/01/2021-01/02/2021 escorting to and detention in a police station for and after compiling an offence report in relation to a rally on 23/01/2021 (see below),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings in 2021 (final decision on 18/02/2021 by Moscow City Court),
Art. 10 (1) - conviction for making calls to participate in public events - the applicant was arrested and sentenced to 5-days' detention in relation to the rally to support A. Navalnyy on 23/01/2021 (Art. 20.2 § 2 of CAO, final decision on 18/02/2021 by Moscow City Court). | 5,000 | |
18/02/2020 | Pavel Vladimirovich CHERNYKH 1986
| Markin Konstantin Aleksandrovich Velikiy Novgorod
| Rally for fair elections to Mosgorduma
Moscow 27/07/2019
Rally to support A. Navalnyy
Moscow 31/01/2021 | article 20.2 § 6.1 of CAO
article 20.2 § 6.1 of CAO | fine of RUB 20,000
10 days of detention | Moscow City Court 22/08/2019
Moscow City Court 23/06/2021 | Art. 5 (1) - unlawful detention - on 28-29/07/2019 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 both sets of administrative-offence proceedings,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - immediate execution of the sentence of detention in 2021; an appeal against conviction had no suspensive effect. | 5,000 | |
22/11/2021 | |||||||||
15/06/2020 | Sergey Yuryevich SHOKAREV 1972 | Mezak Ernest Aleksandrovich Saint-Barthélemy-d'Anjou | Rally for fair elections to Mosgorduma
Moscow 27/07/2019
| article 20.2 § 6.1 of CAO | fine of RUB 10,000 | Moscow City Court 10/10/2019 | Art. 5 (1) - unlawful detention - on 27-29/07/2019 escorting to and detention in a police station for and after compiling an offence report. | 4,000 | |
27/12/2021 | Valeriy Antonovich BADMAYEV
|
| Rally of Chuulhn (Congress of Oirat-Kalmyk people)
Elista 29/05/2021 | article 20.2 § 8 of CAO | 40 hours of community work | Supreme Court of the Kalmykia Republic 02/07/2021 |
| 3,500 |
[1] Plus any tax that may be chargeable to the applicants.