BARKOV AND OTHERS v. RUSSIA - 6250/23 (Article 11 - Freedom of assembly and association : Second Section Committee) [2024] ECHR 520 (13 June 2024)

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Cite as: [2024] ECHR 520

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SECOND SECTION

CASE OF BARKOV AND OTHERS v. RUSSIA

(Applications nos. 6250/23 and 29 others -

see appended list)

 

 

 

 

 

 

JUDGMENT

 

STRASBOURG

13 June 2024

 

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


In the case of Barkov and Others v. Russia,

The European Court of Human Rights (Second Section), sitting as a Committee composed of:

 Lorraine Schembri Orland, President,
 Frédéric Krenc,
 Davor Derenčinović, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 23 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. Some applicants 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.  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).

  1. REMAINING COMPLAINTS


14.  Some applicants raised further additional complaint under Article 6 of the Convention concerning the fairness of the administrative-offence proceedings. In view of the findings in the paragraphs above, the Court considers that there is no need to deal separately with this remaining complaint.

  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 13 June 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Orland

 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.    

6250/23

22/12/2022

Ilya Yuryevich BARKOV

1964

 

 

Anti-war protest

 

Moscow

 

25/02/2022

article 20.2 § 5 of CAO

fine of

RUB 20,000

Moscow City Court

23/08/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 25/02/2022 until 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

  1.    

9625/23

15/02/2023

Gennadiy Aleksandrovich SMIRNOV

1966

Anna Yevgenyevna Bochilo

Barnaul

Anti-war protest

 

Moscow

 

24/02/2022

article 20.2 § 5 of CAO

fine of

RUB 10,000

Moscow City Court

18/10/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 24/02/2022 until 25/02/2022

4,000

  1.    

10702/23

15/02/2023

Sergey Alekseyevich PESHKOV

1994

 

 

Anti-war protest

 

Moscow

 

24/02/2022

article 20.2 § 5 of CAO

fine of

RUB 20,000

Moscow City Court

19/10/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 24/02/2022 until 25/02/2022

4,000

  1.    

11264/23

03/02/2023

Roman Aleksandrovich IVANOV

1999

 

 

Anti-war protest

 

Moscow

 

24/02/2022

article 20.2 § 5 of CAO

fine of

RUB 10,000

Moscow City Court

03/10/2022

 

3,500

  1.    

12910/23

02/03/2023

Yekaterina Vasilyevna LITVINCHUK

1995

 

 

Anti-war protest

 

Moscow

 

06/03/2022

article 20.2 § 5 of CAO

fine of

RUB 10,000

Moscow City Court

23/11/2022

Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report

4,000

  1.    

13469/23

01/03/2023

Tatyana Olegovna TERENTYEVA

1998

 

 

Anti-war protest

 

Moscow

 

06/03/2022

article 20.2 § 5 of CAO

fine of

RUB 20,000

Moscow City Court

03/11/2022

Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report

4,000

  1.    

13790/23

13/02/2023

Yuliya Aleksandrovna MINAYEVA

1984

 

 

Anti-war protest

 

Moscow

 

06/03/2022

article 20.2 § 5 of CAO

fine of

RUB 15,000

Moscow City Court

13/10/2022

Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report

4,000

  1.    

13798/23

19/02/2023

Kamilla Sergeyevna VASILYEVA

1997

 

 

Anti-war protest

 

Moscow

 

03/03/2022

article 20.2 § 5 of CAO

fine of

RUB 10,000

Moscow City Court

27/10/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 03/03/2022 until 04/03/2022

4,000

  1.    

14240/23

16/03/2023

Boris Anatolyevich CHERNYSHEV

1978

 

 

Anti-war protest

 

Moscow

 

24/02/2022

article 20.2 § 5 of CAO

fine of

RUB 5,000

Moscow City Court

21/11/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 24/02/2022 until 25/02/2022

4,000

  1.  

14246/23

15/03/2023

Fedor Borisovich PAVLOV

1997

 

 

Anti-war protest

 

Moscow

 

24/02/2022

article 20.2 § 5 of CAO

fine of

RUB 20,000

Moscow City Court

17/11/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 24/02/2022 until 25/02/2022

4,000

  1.  

14360/23

21/03/2023

Boris Vladimirovich IVANOV

1989

Anna Yevgenyevna Bochilo

Barnaul

Anti-war protest

 

Moscow

 

06/03/2022

article 20.2 § 5 of CAO

fine of

RUB 15,000

Moscow City Court

25/11/2022

Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report

4,000

  1.  

14598/23

11/03/2023

Tatyana Vladimirovna MUSIYENKO

1979

 

 

Anti-war protest

 

Moscow

 

24/02/2022

article 20.2 § 8 of CAO

detention of 7 days

Moscow City Court

15/11/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 24/02/2022 until 25/02/2022

5,000

  1.  

14601/23

21/03/2023

Kirill Aleksandrovich SHISHOV

1999

 

 

Anti-war protest

 

Moscow

 

06/03/2022

article 20.2 § 5 of CAO

fine of

RUB 15,000

Moscow City Court

25/11/2022

Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report

4,000

  1.  

14799/23

24/03/2023

Konstantin Valeryevich YEREMIN

1978

 

 

Anti-war protest

 

Moscow

 

06/03/2022

article 20.2 § 5 of CAO

fine of

RUB 10,000

Moscow City Court

25/11/2022

Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report

4,000

  1.  

14930/23

21/03/2023

Andrey Nikolayevich GLAZUNOV

2002

 

 

Anti-war protest

 

Moscow

 

28/02/2022

article 20.2 § 5 of CAO

fine of

RUB 15,000

Moscow City Court

21/11/2022

Art. 5 (1) - unlawful detention - escorting to the police station on 28/02/2022 for compiling an offence report

4,000

  1.  

14932/23

21/03/2023

Irina Valeryevna BELOVA

1985

Oleg Vladimirovich Filatchev

Moscow

Anti-war protest

 

Moscow

 

06/03/2022

article 20.2 § 5 of CAO

fine of

RUB 20,000

Moscow City Court

23/11/2022

Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report

4,000

  1.  

14988/23

22/03/2023

Yevgeniya Pavlovna FADEYEVA

1962

 

 

Anti-war protest

 

Moscow

 

06/03/2022

article 20.2 § 5 of CAO

fine of

RUB 10,000

Moscow City Court

25/11/2022

Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report

4,000

  1.  

15132/23

11/03/2023

Yevgeniy Anatolyevich KONDRATYEV

1965

 

 

Anti-war protest

 

Moscow

 

27/02/2022

article 20.2 § 5 of CAO

fine of

RUB 15,000

Moscow City Court

11/11/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 27/02/2022 until 28/02/2022

4,000

  1.  

15142/23

23/03/2023

Ella Maruanovna SAAD

1999

 

 

Anti-war protest

 

Moscow

 

27/02/2022

article 20.2 § 5 of CAO

fine of

RUB 15,000

Moscow City Court

19/12/2022

Art. 5 (1) - unlawful detention - escorting to the police station on 27/02/2022 for compiling an offence report

4,000

  1.  

15575/23

21/03/2023

Daniil Grigoryevich KUNIS

1999

Yuliya Valeryevna Malinina

Moscow

Anti-war protest

 

Moscow

 

24/02/2022

article 20.2 § 5 of CAO

fine of

RUB 15,000

Moscow City Court

21/11/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 24/02/2022 until 25/02/2022

4,000

  1.  

15763/23

18/03/2023

Dmitriy Gennadyevich MUKHIN

1984

 

 

Anti-war protest

 

Moscow

 

03/03/2022

article 20.2 § 5 of CAO

fine of

RUB 10,000

Moscow City Court

21/11/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 03/03/2022 until 04/03/2022

4,000

  1.  

15765/23

18/03/2023

Alina Vladimirovna TROFIMOVA

1975

 

 

Anti-war protest

 

Moscow

 

06/03/2022

article 20.2 § 5 of CAO

fine of

RUB 10,000

Moscow City Court

21/11/2022

Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report

4,000

  1.  

15768/23

23/03/2023

Maksim Andreyevich SHMOYLOV

1996

 

 

Anti-war protest

 

Moscow

 

06/03/2022

article 20.2 § 5 of CAO

fine of

RUB 20,000

Moscow City Court

01/12/2022

Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report

4,000

  1.  

16194/23

23/03/2023

Darya Nikolayevna VAYDA

1998

Oleg Vladimirovich Filatchev

Moscow

Anti-war protest

 

Moscow

 

06/03/2022

article 20.2 § 5 of CAO

fine of

RUB 15,000

Moscow City Court

25/11/2022

Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report

4,000

  1.  

16429/23

24/03/2023

Yevgeniy Lvovich AYZENSHTAT

1959

 

 

Anti-war protest

 

Moscow

 

24/02/2022

article 20.2 § 5 of CAO

fine of

RUB 15,000

Moscow City Court

25/11/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 24/02/2022 until 25/02/2022

4,000

  1.  

25326/23

09/06/2023

Aleksandr Valentinovich ANDREYEV

1989

Arkadiy Vitalyevich Shindyapin

Moscow

Anti-war protest

 

Moscow

 

06/03/2022

article 20.2 § 5 of CAO

fine of

RUB 10,000

Moscow City Court

03/05/2023

Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report

4,000

  1.  

25345/23

07/06/2023

Sergey Gennadyevich RIDINGER

1986

 

 

Anti-war protest

 

Moscow

 

06/03/2022

article 20.2 § 5 of CAO

fine of

RUB 15,000

Moscow City Court

09/02/2023

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 06/03/2022 until 07/03/2022

4,000

  1.  

25382/23

05/06/2023

Viktor Vasilyevich BALABANOV

1952

 

 

Anti-war protest

 

Moscow

 

06/03/2022

article 20.2 § 5 of CAO

fine of

RUB 10,000

Moscow City Court

07/02/2023

Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report

4,000

  1.  

25402/23

06/06/2023

Rinata Aleksandrovna YANOSH

2000

 

 

Anti-war protest

 

Moscow

 

06/03/2022

article 20.2 § 5 of CAO

fine of

RUB 15,000

Moscow City Court

06/02/2023

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 06/03/2022 until 07/03/2022

4,000

  1.  

25406/23

07/06/2023

Olga Alekseyevna KURICHEVA

1988

 

 

Anti-war protest

 

Moscow

 

02/04/2022

article 20.2 § 5 of CAO

fine of

RUB 15,000

Moscow City Court

07/02/2023

Art. 5 (1) - unlawful detention - escorting to the police station on 02/04/2022 for compiling an offence report

4,000

 


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


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