NIKOLSKIY AND OTHERS v. RUSSIA - 51348/21 (Article 11 - Freedom of assembly and association : First Section Committee) [2024] ECHR 491 (06 June 2024)

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Cite as: [2024] ECHR 491

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FIRST SECTION

CASE OF NIKOLSKIY AND OTHERS v. RUSSIA

(Applications nos. 51348/21 and 22 others -

see appended list)

 

 

 

 

 

 

JUDGMENT

 

STRASBOURG

6 June 2024

 

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


In the case of Nikolskiy 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 16 May 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 in the light of its findings in 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); and 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.

  1. REMAINING COMPLAINTS


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 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 6 June 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.    

51348/21

18/09/2021

Nikita Georgiyevich NIKOLSKIY

2001

Zboroshenko Nikolay Sergeyevich

Mytishchi

Manifestation in support of Navalnyy

 

Moscow

 

02/02/2021

article 20.2 § 6.1 of CAO

fine of RUB 10,000

Moscow City Court

08/04/2021

Art. 5 (1) - unlawful detention - arrest and detention on 02/02/2021 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: Moscow City Court, 08/04/2021

4,000

  1.    

51392/21

08/10/2021

Maksim Sergeyevich TEMERBAYEV

2002

Memorial Human Rights Centre

Moscow

Manifestation in support of Navalnyy

 

Moscow

 

02/02/2021

article 20.2 § 5 of CAO

fine of RUB 15,000

Moscow City Court

11/05/2021

Art. 5 (1) - unlawful detention - arrest and detention from 10 a.m. to 4 p.m. on 02/02/2021 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: Moscow City Court, 11/05/2021

4,000

  1.    

54177/21

27/10/2021

Darya Alekseyevna OBRAZTSOVA

1999

Nazarov Ilya Yulyevich

Moscow

Manifestation in support of Navalnyy

 

Moscow

 

02/02/2021

article 20.2 § 6.1 of CAO

fine of RUB 15,000

Moscow City Court

28/04/2021

Art. 5 (1) - unlawful detention - arrest and detention from 11 p.m. on 02/02/2021 to 9 a.m. on 03/02/2021 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: Moscow City Court, 28/04/2021

4,000

  1.    

54186/21

19/10/2021

Yuriy Vladimirovich GURALSKIY

1983

Karavayev Aleksandr Yevgenyevich

Nizhniy Novgorod

Manifestation in support of Navalnyy

 

Moscow

 

02/02/2021

article 20.2 § 6.1 of CAO

detention of 8 days

Moscow City Court

20/04/2021

Art. 5 (1) - unlawful detention - arrest and detention from 12 p.m. on 02/02/2021 to 5.30 p.m. on 03/02/2021 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: Moscow City Court, 20/04/2021

5,000

  1.    

55318/21

23/10/2021

Vladislava Denisovna LEONOVA

1999

Zboroshenko Nikolay Sergeyevich

Mytishchi

Manifestation in support of Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

03/06/2021

Art. 5 (1) - unlawful detention - arrest and detention 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: Moscow City Court, 03/06/2021

4,000

  1.    

55382/21

26/10/2021

Anar Khazar Ogly DZHAFAROV

1997

Aksenova Darya Dmitriyevna

Kolomna

Manifestation in support of Navalnyy

 

Moscow

 

02/02/2021

article 20.2 § 5 of CAO

fine of RUB 15,000

Moscow City Court

26/04/2021

Art. 5 (1) - unlawful detention - arrest and detention on 02/02/2021 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: Moscow City Court, 26/04/2021

4,000

  1.    

56355/21

15/11/2021

Kirill Aleksandrovich STEPANOV

1996

Zhdanov Ivan Yuryevich

Vilnius

Manifestation in support of Navalnyy

 

Moscow

 

02/02/2021

article 20.2 § 6.1 of CAO

fine of RUB 15,000

Moscow City Court

25/05/2021

Art. 5 (1) - unlawful detention - arrest and detention from 11.45 p.m. on 02/02/2021 to 03/02/2021 until the court hearing 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, 25/05/2021

4,000

  1.    

56850/21

26/10/2021

Gleb Andreyevich IVANOV

1994

Aksenova Darya Dmitriyevna

Kolomna

Manifestation in support of Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

fine of RUB 10,000

Moscow City Court

19/05/2021

Art. 5 (1) - unlawful detention - arrest and detention from 2.58 p.m. on 31/01/2021 to 2.30 a.m. on 01/02/2021 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: Moscow City Court, 19/05/2021

4,000

  1.    

57152/21

29/10/2021

Ruslan Gennadyevich VERNYY

1987

Zboroshenko Nikolay Sergeyevich

Mytishchi

Manifestation

in support of

Navalnyy

 

Moscow

 

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

19/05/2021

Art. 5 (1) - unlawful detention - arrest and detention 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: Moscow City Court, 19/05/2021

4,000

  1.  

57162/21

29/10/2021

Tatyana Vladimirovna KUZMINA

2000

Zboroshenko Nikolay Sergeyevich

Mytishchi

Manifestation

in support of

Navalnyy

 

Moscow

 

02/02/2021

article 20.2 § 6.1 of CAO

detention of 10 days

Moscow City Court

07/06/2021

Art. 5 (1) - unlawful detention - arrest and detention from 1 a.m. on 02/02/2021 to 11.05 a.m. on 03/02/2021 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: Moscow City Court, 07/06/2021

5,000

  1.  

57165/21

29/10/2021

Natalya Sergeyevna NIKOLSKAYA

1979

Zboroshenko Nikolay Sergeyevich

Mytishchi

Manifestation in support of Navalnyy

 

Moscow

 

02/02/2021

article 20.2 § 6.1 of CAO

fine of RUB 20,000

Moscow City Court

25/05/2021

Art. 5 (1) - unlawful detention - arrest and detention on 02/02/2021 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: Moscow City Court, 25/05/2021

4,000

  1.  

57350/21

08/11/2021

Anton Dmitriyevich CHECHIN

1998

Bochilo Anna Yevgenyevna

Barnaul

Manifestation in support of Navalnyy

 

Barnaul

 

21/04/2021

article 20.2 § 5 of CAO

fine of RUB 15,000

Altay Regional Court

04/08/2021

Art. 5 (1) - unlawful detention - arrest and detention on 21/04/2021 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: Altay Regional Court, 04/08/2021

4,000

  1.  

57679/21

07/11/2021

Zulol Zafariddinovich DAVRONOV

1988

Zboroshenko Nikolay Sergeyevich

Mytishchi

Manifestation in support of Izzat Amono

 

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 detention - arrest and detention on 02/04/2021 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: Moscow City Court, 13/07/2021

4,000

  1.  

57681/21

07/11/2021

Kosim Khudoydoyevich NAZAROV

1986

Zboroshenko Nikolay Sergeyevich

Mytishchi

Manifestation in support of Izzat Amono

 

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 detention - arrest and detention on 02/04/2021 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: Moscow City Court, 13/07/2021

4,000

  1.  

57682/21

07/11/2021

Fayzullo DALERDZHONI

1992

Zboroshenko Nikolay Sergeyevich

Mytishchi

Manifestation in support of Izzat Amono

 

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 detention - arrest and detention on 02/04/2021 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: Moscow City Court, 13/07/2021

4,000

  1.  

57686/21

07/11/2021

Abdunabi Mirzosharifovich TAVAROV

1972

Zboroshenko Nikolay Sergeyevich

Mytishchi

Manifestation in support of Izzat Amono

 

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 detention - arrest and detention on 02/04/2021 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: Moscow City Court, 13/07/2021

4,000

  1.  

57691/21

07/11/2021

Bakhrom Abdurazykovich KHOLIKOV

1982

Zboroshenko Nikolay Sergeyevich

Mytishchi

Manifestation in support of Izzat Amono

 

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 detention - arrest and detention on 02/04/2021 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: Moscow City Court, 13/07/2021

4,000

  1.  

57694/21

07/11/2021

Muboriz Abdumachidovich SHARIFOV

2000

Zboroshenko Nikolay Sergeyevich

Mytishchi

Manifestation in support of Izzat Amono

 

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 detention - arrest and detention on 02/04/2021 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: Moscow City Court, 13/07/2021

4,000

  1.  

59042/21

27/11/2021

Timofey Pavlovich TARANOV

1993

Zhdanov Ivan Yuryevich

Vilnius

Manifestation in support of Navalnyy

 

Saratov

 

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Saratov Regional Court

04/06/2021

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Saratov Regional Court, 04/06/2021

3,500

  1.  

59216/21

01/12/2021

Sergey Yuryevich FONOV

1996

 

 

Manifestation in support of Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 15,000

Moscow City Court

01/06/2021

Art. 5 (1) - unlawful detention - arrest and detention from 12.43 p.m. to 10 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: Moscow City Court, 01/06/2021

4,000

  1.  

59920/21

16/11/2021

Anton Sergeyevich MAKAROV

1997

 

 

Manifestation in support of Navalnyy

 

Nizhniy Novgorod

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Nizhniy Novgorod Regional Court

19/05/2021

Art. 5 (1) - unlawful detention - arrest and detention from 1.34 p.m. to 8.20 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: Nizhniy Novgorod Regional Court, 19/05/2021

4,000

  1.  

443/22

04/12/2021

Mikhail Aleksandrovich IVANOV

2000

Gilmanov Mansur Idrisovich

Podolsk

Manifestation in support of political prisoners

 

Moscow

 

04/11/2020

 

 

 

 

 

 

article 20.2 § 6.1 of CAO

fine of RUB 20,000

Moscow City Court

07/06/2021

Art. 5 (1) - unlawful detention - arrest and detention from 2.25 p.m. to 9 p.m. on 04/11/2020 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, 07/06/2021

4,000

  1.  

916/22

01/12/2021

Maksim Anatolyevich AVDEYEV

1995

Aksenova Darya Dmitriyevna

Kolomna

Manifestation in support of 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 detention - arrest and detention 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: Moscow City Court, 09/06/2021

4,000

 

 


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


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URL: http://www.bailii.org/eu/cases/ECHR/2024/491.html