 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
European Court of Human Rights |
||
|
You are here: BAILII >> Databases >> European Court of Human Rights >> LEVANOV AND OTHERS v. RUSSIA - 40953/21 (Article 11 - Freedom of assembly and association : Third Section Committee) [2024] ECHR 385 (25 April 2024) URL: http://www.bailii.org/eu/cases/ECHR/2024/385.html Cite as: [2024] ECHR 385 |
||
[New search] [Contents list] [Help]
THIRD SECTION
CASE OF LEVANOV AND OTHERS v. RUSSIA
(Applications nos. 40953/21 and 18 others -
see appended list)
JUDGMENT
STRASBOURG
25 April 2024
This judgment is final but it may be subject to editorial revision.
In the case of Levanov 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 4 April 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; 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); 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; and Novikova and Others v. Russia, nos. 25501/07 and 4 others, 26 April 2016, concerning disproportionate measures against solo demonstrators.
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 12-13 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 25 April 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 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] | |
23/07/2021 | Aleksandr Anatolyevich LEVANOV 1986 | Lepekhin Andrey Gennadyevich Chelyabinsk | Rally "Free Navalnyy"
Chelyabinsk
23/01/2021 | article 19.3 § 1 of CAO | detention for 13 days | Chelyabinsk Regional Court 27/01/2021 | Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - escorting to and detention at the police station for compiling an offence record between 3.45 p.m. to 11.40 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 - in both sets of administrative proceedings (in connection with events of 23/01/2021 and 02/03/2022),
Art. 10 (1) - conviction for making calls to participate in public events - 02/03/2022 / conviction for a call to participate in an anti-war rally posted on a social network / Article 20.3.3. § 2 / fine of RUB 90,000 / final decision on 07/07/2022 by the Chelyabinsk Regional Court | 6,000 | |
30/07/2021 | Kristina Dzhonson RAMIRES 1990 | Levenberg Yeva Viktorovna Moscow | Rally "Free Navalnyy"
Moscow
31/01/2021 | article 20.2 § 6.1 of CAO | detention for 7 days | Moscow City Court 04/02/2021 | Art. 10 (1) - disproportionate measures against solo demonstrators - 23/01/2021 /solo demonstration in support of A. Navalnyy / Moscow/ Article 20.2. § 5 / fine of RUB 10,000 / final decision on 06/04/2021 by the Moscow City Court;
25/02/2021 /solo demonstration in support of A. Navalnyy / Article 20.2. § 8 / fine of RUB 150,000 / 26/02/2021 Tverskoy District Court of Moscow / final decision on 09/07/2021 by the Moscow City Court,
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 9:00 p.m. on 23/01/2021 and 2:30 a.m. on 24/01/2021; between 12:25 p.m. on 31/01/2021 and 11:00 a.m. on 01/01/2021; and between 10:30 p.m. on 25/02/2021 and 5:15 p.m. on 26/02/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in all three sets of administrative proceedings (in connection with events of 23/01/2021 and 31/01/2021 and 25/02/2021) | 7,000 | |
06/08/2021 | Sergey Vladimirovich TOLMACHEV 1979 | Lepekhin Andrey Gennadyevich Chelyabinsk | Rally "Free Navalnyy"
Chelyabinsk
23/01/2021 | article 20.2 § 8 of CAO | detention for 11 days | Chelyabinsk Regional Court 08/02/2021 | Art. 5 (1) - unlawful detention - escorting to the police station on 27/02/2021 for compiling an offence record,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
| 5,000 | |
11/11/2021 | Sergey Mikhaylovich FILENKO 1970 | Mezak Ernest Aleksandrovich Saint-Barthélemy-d'Anjou | Rally "Free Navalnyy"
Petrozavodsk
23/01/2021
Rally "Free Navalnyy"
Petrozavodsk
21/04/2021 | article 20.2 § 5 of CAO
article 20.2 § 5 of CAO | fine of RUB 5,000
fine of RUB 5,000 | Supreme Court of the Republic of Karelia 11/05/2021
Supreme Court of the Republic of Karelia 09/09/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 10 (1) - various restrictions on the right to freedom of expression - 24/02/2022, 03/03/2022, and 15/03/2022 / anti-war posts in the "Vkontakte" social network / Article 20.3.3 § 1 of the CAO / 20/04/2022 Petrozavodsk City Court / fine of RUB 30,000 (upheld by the Supreme Court of the Republic of Karelia on 31/08/2022). | 4,000 | |
01/02/2022 | Kristina Borisovna ISAYEVA 1989 | Prosvirkina Kseniya Dmitriyevna Moscow | Rally "Free Navalnyy"
Belgorod
21/04/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Belgorod Regional Court 02/08/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 3,500 | |
18/02/2022 | Mariya Yuryevna ANTYUSHEVA 1984 | Vasin Vladimir Valeryevich Krasnoyarsk | Rally "Free Navalnyy"
Krasnoyarsk
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 5,000 | Krasnoyarsk Regional Court 19/08/2021 | Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record on 31/01/2021 | 4,000 | |
27/02/2022 | Aleksey Aleksandrovich BAVYKIN 1976 | Polyakov Daniil Alekseyevich Voronezh | Rally "Free Navalnyy"
Voronezh
21/04/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Voronezh Regional Court 31/08/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 7:30 p.m. on 21/04/2021 and 1:10 a.m. on 22/04/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
| 4,000 | |
27/02/2022 | Nikita Nikolayevich KABAKOV 1999 | Polyakov Daniil Alekseyevich Voronezh | Rally "Free Navalnyy"
Voronezh
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Voronezh Regional Court 30/08/2021 | Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record between 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 | |
20/03/2022 | Kseniya Sergeyevna MAYOROVA 2001 | Zyryanova Mariya Sergeyevna St Petersburg | Rally "Free Navalnyy"
St Petersburg
31/01/2021 | article 20.2 § 2 of CAO | fine of RUB 20,000 | St Petersburg City Court 21/09/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 5:00 p.m. on 31/01/2021 and 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 | |
12/03/2022 | Daniel Vladimirovich CHERKASHIN 1998 | Polyakov Daniil Alekseyevich Voronezh | Rally "Free Navalnyy"
Voronezh
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Voronezh Regional Court 21/09/2021 | Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record 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 | |
22/04/2022 | Aleksey Pavlovich MERKULOV 1990 | Sirosh Fedor Yevgenyevich Moscow | Rally "Free Navalnyy"
Moscow
21/04/2021
| article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 11/11/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
| 3,500 | |
22/07/2022 | Olga Andreyevna KOROBITSINA 2003 | Pilipenko Anastasiya Vladimirovna St Petersburg | Anti-war protest
St Petersburg
06/03/2022 | article 20.2.2 § 1 of CAO | fine of RUB 10,000 | St Petersburg City Court 26/04/2022 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 3:10 p.m. on 06/03/2022 and the morning of 07/03/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
18/07/2022 | Aleksandr Sergeyevich ABRAMOV 1996 | Levichev Dmitriy Sergeyevich Krasnoyarsk | Anti-war protest
Krasnoyarsk
06/03/2022 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Krasnoyarsk Regional Court 27/04/2022 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 3:30 p.m. and 7:30 p.m. on 06/03/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
03/08/2022 | Vladimir Mikhaylovich TOBOROVETS 1970 |
| Anti-war protest
Voronezh
24/02/2022 | article 20.2 § 8 of CAO | 80 hours of community work | Voronezh Regional Court 06/04/2022 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 8:10 p.m. on 24/02/2022 and 10:00 a.m. on 26/02/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 5,000 | |
05/08/2022 | Nadezhda Nikolayevna STEPANENKO 2002 | Zaytsev Roman Olegovich Volgograd | Anti-war rally
Volgograd
06/03/2022 | article 20.2 § 5 of CAO | fine of RUB 20,000 | Volgograd Regional Court 05/05/2022 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 2:50 p.m. and the evening of 06/03/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
12/08/2022 | Svetlana Petrovna SEMENYUK 1970 |
| Anti-war protest
Krasnoyarsk
06/03/2022 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Krasnoyarsk Regional Court 11/05/2022 | Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record on 06/03/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
12/08/2022 | Mikhail Dmitriyevich MILITSIN 1999 | Zaytsev Roman Olegovich Volgograd | Anti-war protest
Volgograd
06/03/2022 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Volgograd Regional Court 13/04/2022 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 2:50 p.m. and the evening of 06/03/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
16/08/2022 | Marek PASIERB 1984 |
| Anti-war protest
St Petersburg
25/02/2022 | article 20.2.2 § 1 of CAO | fine of RUB 10,000 | St Petersburg City Court 19/04/2022 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 8:45 p.m. on 25/02/2022 and the afternoon of 26/02/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
12/03/2022 | Artem Aleksandrovich SHCHELOKOV 1988 | Polyakov Daniil Alekseyevich Voronezh | Rally "Free Navalnyy"
Voronezh
21/04/2021 | article 20.2 § 5 of CAO | Fine of RUB 10,000 | Voronezh Regional Court 16/09/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 7:30 p.m. on 21/04/2021 and 1:10 a.m. on 22/04/2021,
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] Plus any tax that may be chargeable to the applicants.