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You are here: BAILII >> Databases >> European Court of Human Rights >> LOYKO AND OTHERS v. RUSSIA - 42166/21 (Article 11 - Freedom of assembly and association : Second Section Committee) [2024] ECHR 524 (13 June 2024) URL: http://www.bailii.org/eu/cases/ECHR/2024/524.html Cite as: [2024] ECHR 524 |
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SECOND SECTION
CASE OF LOYKO AND OTHERS v. RUSSIA
(Applications nos. 42166/21 and 30 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 Loyko 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:
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
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; 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).
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 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 13 June 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Lorraine Schembri 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)
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] | |
05/08/2021 | Anna Yevgenyevna LOYKO 1999 | Peredruk Aleksandr Dmitriyevich St Petersburg | Rally in front of a court to support 2 convicts
St Petersburg
22/06/2020 | article 20.2 § 5 of CAO | fine of RUB 10,000 | St Peterburg City Court 09/02/2021 | 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 after compiling an offence report from 3.01 p.m. until 7.23 p.m. on 22/06/2020,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
| 4,000 | |
07/12/2021 | Yaroslav Konstantinovich KUKSIN 2002 | Pershakova Yelena Yuryevna Moscow | Rally "Free Navalnyy"
Moscow
31/01/2021 | article 20.2 § 6.1 of CAO | fine of RUB 20,000 | Moscow City Court 09/06/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
| 3,500 | |
16/12/2021 | Yuliya Pavlovna SAMOFEYEVA 1998 | Mezak Ernest Aleksandrovich Saint-Barthélemy-d'Anjou | Rally "Free Navalnyy"
Ukhta
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Supreme Court of the Komi Republic 16/06/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 3,500 | |
16/12/2021 | Irina Gennadyevna SHCHUKINA 1966 | Mezak Ernest Aleksandrovich Saint-Barthélemy-d'Anjou | Rally "Free Navalnyy"
Ukhta
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Supreme Court of the Komi Republic 16/06/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 3,500 | |
23/12/2021 | Yelena Leonidovna BOZHENOVA 1987 | Mezak Ernest Aleksandrovich Saint-Barthélemy-d'Anjou | Rally "Free Navalnyy"
Magadan
21/04/2021 | article 20.2 § 6.1 of CAO | 50 hours of community work | Magadan Regional Court 25/06/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
| 3,500 | |
23/12/2021 | Larisa Anatolyevna YELFIMOVA 1968 | Mezak Ernest Aleksandrovich Saint-Barthélemy-d'Anjou | Rally "Free Navalnyy"
Ukhta
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Supreme Court of the Komi Republic 30/06/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 3,500 | |
11/02/2022 | Aleksey Mikhaylovich SKOVORODNIKOV 1992 | Mezak Ernest Aleksandrovich Saint-Barthélemy-d'Anjou | Rally "Free Navalnyy"
Syktyvkar
31/01/2021 | article 20.2 § 5 of CAO | Fine of RUB 10,000 | Supreme Court of the Komi Republic 22/09/2021 |
| 3,500 | |
08/02/2022 | Konstantin Yevgenyevich MIRONOV 1986 | Sharangiya Sofya Zurabovna Nizhniy Novgorod | Rally "Free Navalnyy"
Nizhniy Novgorod
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Nizhniy Novgorod Regional Court 11/08/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 3,500 | |
16/02/2022 | Vasilisa Aleksandrovna DESHEVYKH 1999 | Polyakov Daniil Alekseyevich Voronezh | Rally "Free Navalnyy"
Voronezh
21/04/2021 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Voronezh 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 | |
16/02/2022 | Semen Aleksandrovich KRASOVSKIY 1998 | 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 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 | |
16/02/2022 | Nikita Igorevich MINAKOV 1988 | 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 20/08/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 3,500 | |
16/02/2022 | Ivan Mikhaylovich BUNIN 2000 | 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 24/08/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 3,500 | |
12/02/2022 | Aleksandr Olegovich KOREPIN 1996 | Mezak Ernest Aleksandrovich Saint-Barthélemy-d'Anjou | Rally "Free Navalnyy"
Syktyvkar
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 5,000 | Supreme Court of the Komi Republic 18/08/2021 |
| 3,500 | |
08/02/2022 | Mikhail Andreyevich TORGOVISHCHEV 1990 | Sharangiya Sofya Zurabovna Nizhniy Novgorod | Rally "Free Navalny"
Nizhniy Novgorod
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Nizhniy Novgorod Regional Court 19/08/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 1.30 p.m. until 9.00 p.m. on 31/01/2021.
| 4,000 | |
10/02/2022 | Vera Adamovna STROK 2001 | Sharangiya Sofya Zurabovna Nizhniy Novgorod | Rally "Free Navalnyy"
Moscow
31/01/2021 | article 20.2 § 6.1 of CAO | fine of RUB 10,000 | Moscow City Court 11/08/2021 | Art. 5 (1) - unlawful detention - escorting to the police station after compiling an offence report from 5.40 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 | |
08/02/2022 | Oleg Alekseyevich KHITRYUK 1996 | Sharangiya Sofya Zurabovna Nizhniy Novgorod | Rally "Free Navalnyy"
Nizhniy Novgorod
31/01/2021 | article 20.2 § 6.1 of CAO | fine of RUB 5,000 | Nizhniy Novgorod Regional Court 11/08/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 12.15 p.m. until 9.00 p.m. on 31/01/2021.
| 4,000 | |
24/03/2022 | Pavel Ivanovich FOMIN 1999 | Polyakov Daniil Sergeyevich Voronezh | Rally "Free Navalnyy"
Voronezh
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 5,000 | Voronezh Regional Court 19/10/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 2.20 p.m. until 10.20 p.m. on 23/01/2021.
| 4,000 | |
24/03/2022 | Sergey Aleksandrovich PERTSEV 1996 | 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 17/11/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 7.30 p.m. on 21/04/2021 until 1.40 a.m. on 22/04/2021.
| 4,000 | |
21/03/2022 | Lyubov Davidovna MOLDAVSKAYA 1973 | Usanova Olimpiada Valentinovna Nizhniy Novgorod | Rally "Free Navalnyy"
Nizhniy Novgorod
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Nizhniy Novgorod Regional Court 23/09/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 1.30 p.m. until 11.00 p.m. on 31/01/2021.
| 4,000 | |
10/06/2022 | Pavel Ruslanovich KONYSHEV 1997 | 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 16/12/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
| 3,500 | |
01/07/2022 | Alisa Vyacheslavovna ISAKOVA 2000 | Kulikov Sergey Sergeyevich Nizhniy Novgorod | Rally in memory of Nemtsov
Nizhniy Novgorod
27/02/2022 | article 20.2 § 2 of CAO | detention for 7 days | Nizhniy Novgorod City Court 04/03/2022 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 4.55 p.m. on 27/02/2022 until 5.00 a.m. on 28/02/2022.
| 4,000 | |
04/08/2022 | Daniil Dmitriyevich KORNILOV 1996 | Podolskiy Sergey Viktorovich St Petersburg | Anti-war protest
St Petersburg 24/02/2022 | article 20.2 § 5 of CAO | fine of RUB 10,000 | St Petersburg City Court 17/05/2022 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 9.15 p.m. on 24/02/2022 until 10.00 p.m. on 25/02/2022.
| 4,000 | |
25/08/2022 | Darya Sergeyevna STARTSEVA 1994 | Kulikov Sergey Sergeyevich Nizhniy Novgorod | Anti-war protests
Nizhniy Novgorod
07/03/2022 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Nizhniy Novgorod Regional Court 27/04/2022 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 3,500 | |
24/08/2022 | Stanislav Nikolayevich YELIZARENKOV 1990 | Lapuzin Aleksey Sergeyevich Samara | Anti-war protest
Samara
27/02/2022 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Samara Regional Court 28/04/2022 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 3.40 p.m. on 27/02/2022. Released on the same day.
| 4,000 | |
27/08/2022 | Diana Romanovna YAVLENINA 2002 | Tregubova Yuliya Mikhaylovna Balashikha | Anti-war protests
Moscow 25/02/2022 | article 20.2 § 5 of CAO | fine of RUB 20,000 | Moscow City Court 27/04/2022 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 10.00 p.m. on 25/02/2022 for more than 3 hours.
| 4,000 | |
25/08/2022 | Ilya Vladislavovich ALEKSEYEV 1993 | Kulikov Sergey Sergeyevich Nizhniy Novgorod | Anti-war protests
Nizhniy Novgorod
06/03/2022 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Nizhniy Novgorod City Court 18/05/2022 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 6.05 p.m. on 06/03/2022 for 28 hours, until the court hearing held on 07/03/2022.
| 4,000 | |
31/08/2022 | Anton Dmitriyevich SHAPKO 1994 | Kulikov Sergey Sergeyevich Nizhniy Novgorod | Anti-war protests
Nizhniy Novgorod
06/03/2022 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Nizhniy Novgorod City Court 18/05/2022 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 3,500 | |
26/08/2022 | Ilnur Zufarovich GALIULLIN 1985 | Sabirov Rim Faridovich Kazan | Anti-war protests
Kazan
24/02/2022 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Supreme Court of the Tatarstan Republic 27/04/2022 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 7.15 p.m. on 24/02/2022 until 11.15 a.m. on 25/02/2022.
| 4,000 | |
01/09/2022 | Andrey Gennadyevich BUKAMIN 1984 | Kulikov Sergey Sergeyevich Nizhniy Novgorod | Anti-war protests
Nizhniy Novgorod
06/03/2022 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Nizhniy Novgorod Regional Court 18/05/2022 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 3.00 p.m. on 06/03/2022 until 4.30 p.m. on 07/03/2022.
| 4,000 | |
07/10/2022 | Kseniya Valeryevna BELOVA 1991 | Sozonov Ruslan Vladimirovich Nizhniy Novgorod | Anti-war protests
Yekaterinburg
24/02/2022 | article 20.2 § 5 of CAO | fine of RUB 20,000 | Sverdlovsk Regional Court 22/06/2022 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 3,500 | |
08/11/2022 | Yelena Aleksandrovna NESTEROVA 1979 | Pershakova Yelena Yuryevna Moscow | Anti-war protests
Moscow
06/03/2022 | article 20.2 § 5 of CAO | fine of RUB 20,000 | Moscow City Court 11/07/2022 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 3.12 p.m. until 8.16 p.m. on 06/03/2022.
| 4,000 |
[1] Plus any tax that may be chargeable to the applicants.