RYAKIN AND OTHERS v. RUSSIA - 51766/21 (Article 11 - Freedom of assembly and association : First Section Committee) [2024] ECHR 334 (11 April 2024)

BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

European Court of Human Rights


You are here: BAILII >> Databases >> European Court of Human Rights >> RYAKIN AND OTHERS v. RUSSIA - 51766/21 (Article 11 - Freedom of assembly and association : First Section Committee) [2024] ECHR 334 (11 April 2024)
URL: http://www.bailii.org/eu/cases/ECHR/2024/334.html
Cite as: [2024] ECHR 334

[New search] [Contents list] [Help]


 

 

 

FIRST SECTION

CASE OF RYAKIN AND OTHERS v. RUSSIA

(Applications nos. 51766/21 and 17 others -

see appended list)

 

 

 

 

 

 

JUDGMENT
 

STRASBOURG

11 April 2024

 

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


In the case of Ryakin 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 21 March 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.  The 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 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; 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).

  1. REMAINING COMPLAINTS


14.  Most of the 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 10-11 and 13 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 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 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 11 April 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

 

 Viktoriya Maradudina Lətif Hüseynov
 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 / 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]

  1.    

51766/21

15/10/2021

Aleksandr Aleksandrovich RYAKIN

1982

Zhdanov Ivan Yuryevich

Vilnius

Rally "Free Navalnyy"

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

administrative detention of

 7 days

Moscow City Court

26/04/2021

Art. 5 (1) - unlawful detention - escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 1.00 p.m. on 31/01/2021 to 6.00 p.m. on 01/02/2021, hearing in the applicant's administrative-offence case; the applicant spent 4 hours in a police van,

 

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

5,000

  1.    

53068/21

14/10/2021

Ruslan Vladimirovich KHAFIZOV

1988

Lepekhin Andrey Gennadyevich

Chelyabinsk

Rally "Free Navalnyy"

 

Chelyabinsk

 

23/01/2021

article 20.2 § 5 of CAO

fine of

RUB 15,000

Chelyabinsk Regional Court

23/04/2021

Art. 5 (1) - unlawful detention - escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 2.00 p.m. to 6.00 p.m. 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

4,000

  1.    

55553/21

16/10/2021

Mikhail Nikolayevich BIRKA

1989

Aksenova Darya Dmitriyevna

Kolomna

Rally "Free Navalnyy"

 

Moscow

 

23/01/2021

article 20.2 § 5 of CAO

fine of

RUB 15,000

Moscow City Court

22/04/2021

Art. 5 (1) - unlawful detention - escorting to a 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

 

4,000

  1.    

57138/21

10/11/2021

Maksim Aleksandrovich SHVETSOV

1987

Aksenova Darya Dmitriyevna

Kolomna

Rally "Free Navalnyy"

 

Moscow

 

23/01/2021

article 20.2 § 5 of CAO

fine of

RUB 15,000

Moscow City Court

11/05/2021

Art. 5 (1) - unlawful detention - escorting to a 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

 

4,000

  1.    

58072/21

01/11/2021

Igor Valeryevich KOLOSOV

1994

Aksenova Darya Dmitriyevna

Kolomna

Rally "Free Navalnyy"

 

Moscow

 

31/01/2021

article 20.2 § 5 of CAO

fine of

 RUB 10,000

Moscow City Court

03/06/2021

Art. 5 (1) - unlawful detention - escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 6.15 p.m. to 11.35 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

 

4,000

  1.    

58147/21

10/11/2021

Sergey Vladimirovich SEDOV

1981

Aksenova Oksana Viktorovna

Moscow

Rally "Free Navalnyy"

 

Moscow

 

23/01/2021

article 20.2 § 5 of CAO

fine of

RUB 12,000

Moscow City Court

19/07/2021

Art. 5 (1) - unlawful detention - escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 3.20 p.m. to 9.00 p.m. 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

4,000

  1.    

58477/21

09/11/2021

Darya Mikhaylovna ZHURAVLEVA

1987

Aksenova Darya Dmitriyevna

Kolomna

Rally "Free Navalnyy"

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

fine of

RUB 20,000

Moscow City Court

11/05/2021

Art. 5 (1) - unlawful detention - escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 3.40 p.m. to 10.00 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

4,000

  1.    

58680/21

19/11/2021

Yevgeniy Yevgenyevich SHAMONOV

1999

Aksenova Darya Dmitriyevna

Kolomna

Rally "Free Navalnyy"

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

fine of

RUB 15,000

Moscow City Court

21/06/2021

Art. 5 (1) - unlawful detention - escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 4.15 p.m. on 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

 

4,000

  1.    

61475/21

01/12/2021

Irina Stanislavovna DOBRODEYEVA

1959

Aksenova Darya Dmitriyevna

Kolomna

Rally "Free Navalnyy"

 

Moscow

 

02/02/2021

article 20.2 § 5 of CAO

fine of

RUB 10,000

Moscow City Court

17/06/2021

Art. 5 (1) - unlawful detention - escorting to a 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

 

4,000

  1.  

61761/21

03/12/2021

Artem Denisovich VAVILCHENKOV

1996

Aksenova Darya Dmitriyevna

Kolomna

Rally "Free Navalnyy"

 

Moscow

 

31/01/2021

article 20.2 § 5 of CAO

fine of

 RUB 10,000

Moscow City Court

29/06/2021

Art. 5 (1) - unlawful detention - escorting to a 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

 

4,000

  1.  

20/22

02/11/2021

Andrey Vladimirovich BEZBORODOV

1994

Aksenova Darya Dmitriyevna

Kolomna

Rally "Free Navalnyy"

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

fine of

RUB 20,000

Moscow City Court

05/07/2021

Art. 5 (1) - unlawful detention - escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 2.30 p.m. on 31/01/2021 to 00.20 a.m. on 01/02/2021,

 

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

 

4,000

  1.  

943/22

01/12/2021

Robert Denisovich ONIKOV

1995

Aksenova Darya Dmitriyevna

Kolomna

Rally "Free Navalnyy"

 

Moscow

 

31/01/2021

article 20.2 § 5 of CAO

fine of

RUB 15,000

Moscow City Court

17/06/2021

Art. 5 (1) - unlawful detention - escorting to a 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

4,000

  1.  

2678/22

02/12/2021

Yuriy Aleksandrovich NEDBAYLO

1984

Aksenova Darya Dmitriyevna

Kolomna

Rally "Free Navalnyy"

 

Moscow

 

02/02/2021

article 20.2 § 5 of CAO

fine of

RUB 10,000

Moscow City Court

11/06/2021

Art. 5 (1) - unlawful detention - escorting to a 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. to 6.30 p.m. 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

 

4,000

  1.  

2712/22

17/12/2021

Yevgeniy Sergeyevich KISELEV

2000

Aksenova Darya Dmitriyevna

Kolomna

Rally "Free Navalnyy"

 

Moscow

 

23/01/2021

article 20.2 § 6.1 of CAO

fine of

RUB 15,000

Moscow City Court

17/06/2021

Art. 5 (1) - unlawful detention - escorting to a 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

 

4,000

  1.  

10664/22

02/02/2022

Aleksey Yuryevich SYCHEV

1989

Aksenova Darya Dmitriyevna

Kolomna

Rally "Free Navalnyy"

 

Moscow

 

31/01/2021

article 20.2 § 5 of CAO

fine of

 RUB 15,000

Moscow City Court

13/08/2021

Art. 5 (1) - unlawful detention - escorting to a 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

 

4,000

  1.  

12283/22

24/02/2022

Aleksandr Sergeyevich ZHAROV

1990

Prosvirkina Kseniya Dmitriyevna

Moscow

Rally "Free Navalnyy"

 

Moscow

 

31/01/2021

article 20.2 § 5 of CAO

fine of

RUB 15,000

Moscow City Court

27/08/2021

Art. 5 (1) - unlawful detention - escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 5.00 p.m. to 11.45 p.m. on 31/02/2021,

 

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, 27/08/2021

4,000

  1.  

12291/22

24/02/2022

Dmitriy Igorevich POYARKOV

2000

Prosvirkina Kseniya Dmitriyevna

Moscow

Rally "Free Navalnyy"

 

Moscow

 

02/02/2021

article 20.2 § 6.1 of CAO

fine of

RUB 10,000

Moscow City Court

31/08/2021

Art. 5 (1) - unlawful detention - escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 11.00 p.m. on 02/02/2021 to 4.00 p.m. 03/02/2021, 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

 

4,000

  1.  

12662/22

17/02/2022

Anatoliy Alekseyevich ZELENOVSKIY

1991

Baranova Natalya Andreyevna

Moscow

Rally "Free Navalnyy"

 

Irkutsk

 

31/01/2021

article 20.2 § 5 of CAO

community works of

30 hours

Irkutsk Regional Court

17/08/2021

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.


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/eu/cases/ECHR/2024/334.html