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You are here: BAILII >> Databases >> European Court of Human Rights >> CHIBYSHEV AND OTHERS v. RUSSIA - 23778/21 (Article 11 - Freedom of assembly and association : Third Section Committee) [2024] ECHR 608 (04 July 2024) URL: http://www.bailii.org/eu/cases/ECHR/2024/608.html Cite as: [2024] ECHR 608 |
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THIRD SECTION
CASE OF CHIBYSHEV AND OTHERS v. RUSSIA
(Applications nos. 23778/21 and 32 others -
see appended list)
JUDGMENT
STRASBOURG
4 July 2024
This judgment is final but it may be subject to editorial revision.
In the case of Chibyshev 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 30 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 Articles 5 and 6 of the Convention concerning other aspects of their deprivation of liberty and fairness of the administrative-offence proceedings. In view of the findings in paragraphs 11 and 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 4 July 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 charges | 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] | |
20/04/2021 | Aleksandr Mikhaylovich CHIBYSHEV 1988 | Shchukin Andrey Yevgenyevcich Nizhniy Tagil | Rally in support of A. Navalnyy
Yekaterinburg 31/01/2021 | article 20.2 § 5 of CAO | community service of 30 hours | Sverdlovsk Regional Court 24/03/2021 | Art. 5 (1) - unlawful detention - arrest and detention on 31/01/2021 for the sole purpose of drawing a record of administrative offence | 4,000 | |
04/05/2021 | Sergey Vladimirovich LAZAREV 1988 | Bubon Konstantin Vladimirovich Khabarovsk | Rally in support of S. Furgal
Khabarovsk 19/09/2020 | article 20.2 § 8 of CAO | community service of 100 hours | Khabarovsk Regional Court 05/11/2020 |
| 3,500 | |
02/06/2021 | Yegor Viktorovich NIKONOROV 1993 | Memorial Human Rights Centre Moscow | Rally in support of A. Navalnyy
Moscow 23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 18/03/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 23/01/2021 for the sole purpose of drawing a record of administrative offence,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
21/05/2021 | Sergey Viktorovich DRUCHEK 1991 | Shchukin Andrey Yevgenyevich Nizhniy Tagil | Rally in support of A. Navalnyy
Kazan 31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Supreme Court of the Tatarstan Republic 07/04/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial, after the offence record had been compiled | 4,000 | |
24/05/2021 | Dmitriy Andreyevich KAPIN 1988 | Aksenova Darya Dmitriyevna Kolomna | Rally in support of A. Navalnyy
Moscow 31/01/2021 | article 20.2 § 6.1 of CAO | administrative detention of 12 days | Moscow City Court 12/02/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial, and after the offence record had been compiled,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 5,000 | |
24/05/2021 | Sergey Sergeyevich KHOMUTINNIKOV 1990 | Aksenova Darya Dmitriyevna Kolomna | Rally in support of A. Navalnyy
Moscow 31/01/2021 | article 20.2 § 6.1 of CAO | administrative detention of 14 days | Moscow City Court 12/02/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial, after the offence record had been compiled,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 5,000 | |
07/06/2021 | Yevgeniy Alekseyevich KLIMOV 1994 | Pershakova Yelena Yuryevna Moscow | Rally in support of A. Navalnyy
Perm 23/01/2021 | article 20.2 § 2 of CAO | administrative detention of 5 days | Perm Regional Court 09/04/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention between 26/01/2021 and 27/01/2021 as administrative suspect, pending trial, and after the offence record had been compiled in respect of the rally of 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
| 5,000 | |
07/07/2021 | Aleksandr Igorevich VETOSHKIN 1998 | Bochilo Anna Yevgenyevna Barnaul | Rally in support of A. Navalnyy
Syktyvkar 23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 5,000 | Supreme Court of the Komi Republic 24/03/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station 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 | 4,000 | |
02/07/2021 | Andrey Vladimirovich ALEYNIK 1998 | Memorial Human Rights Centre Moscow | Rally in support of A. Navalnyy
Moscow 31/01/2021 | article 20.2 § 6.1 of CAO | fine of RUB 20,000 | Moscow City Court 26/02/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial and after the offence record had been compiled,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
17/07/2021 | Svetlana Petrovna SHUMILINA 1976 | Kapustin Vladimir Yakovlevich Yekaterinburg | Rally in support of A. Navalnyy
Yekaterinburg 23/01/2021 | article 20.2 § 5 of CAO | community service of 20 hours | Sverdlovsk Regional Court 25/05/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 3,500 | |
22/07/2021 | Sergey Vasilyevich NOVIKOV 1984 | Memorial Human Rights Centre Moscow | Rally in support of A. Navalnyy
Moscow 23/01/2021 | article 20.2 § 5 of CAO | administrative fine of RUB 10,000 | Moscow City Court 11/05/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 23/01/2021 for the sole purpose of drawing up an administrative offence record,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
27/07/2021 | Daniil Sergeyevich DAVYDENKO 2000 | Eysmont Mariya Olegovna Moscow | Rally in support of A. Navalnyy
Moscow 02/02/2021 | article 20.2 § 6.1 of CAO | administrative detention of 10 days | Moscow City Court 09/02/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 03/02/2021 as administrative suspect, pending trial, after the offence record had been compiled,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 5,000 | |
28/07/2021 | Mikhail Sergeyevich ANISKIN 1985 | Bochilo Anna Yevgenyevna Barnaul | Rally in support of A. Navalnyy
Lipetsk 31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Lipetsk Regional Court 04/03/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 31/01/2021 for the sole purpose of drawing up an administrative offence record,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
24/07/2021 | Galina Yuryevna GREBENNIKOVA 1965 | Bochilo Anna Yevgenyevna Barnaul | Rally in support of A. Navalnyy
Lipetsk 21/04/2021 | article 20.2 § 8 of CAO | fine of RUB 75,000 | Lipetsk Regional Court 03/06/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 21/04/2021 and 22/01/2021 as administrative suspect, after the offence record had been compiled,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
31/07/2021 | Anastasiya Vladimirovna SHLYKOVA 2000 | Eysmont Mariya Olegovna Moscow | Rally in support of A. Navalnyy
Moscow 31/01/2021 | article 20.2 § 6.1 of CAO | administrative detention of 10 days | Moscow City Court 09/02/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect, after the offence record had been compiled,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 5,000 | |
17/08/2021 | Yaroslav Vitalyevich DMITRIYEV 1979 |
| Rally in support of A. Navalnyy
Kazan 31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Supreme Court of the Tatarstan Republic 07/04/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention from 31/01/2021 to 01/02/2021 as administrative suspect, after the offence record had been compiled | 4,000 | |
15/10/2021 | Sergey Viktorovich CHERNETSKIY 1985 | Zhdanov Ivan Yuryevich Vilnius | Rally in support of A. Navalnyy
Tambov 21/04/2021 | article 20.2 § 6.1 of CAO | administrative detention of 10 days | Tambov Regional Court 24/04/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 21/04/2021 to 22/04/2021 as administrative suspect, after the offence record had been compiled,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 5,000 | |
30/09/2021 | Rustam Vadimovich DAVLYATOV 1993 | Usanova Olimpiada Valentinovna Nizhniy Novgorod | Rally in support of A. Navalnyy
Nizhniy Novgorod 31/01/2021 | article 20.2 § 6.1 of CAO | fine of RUB 10,000 | Nizhniy Novgorod Regional Court 31/03/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial, after the offence record had been compiled,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
14/10/2021 | Sofya Sara KARAULOVA 1998 | Solovyev Stanislav Vyacheslavovich Moscow | Opposition rally
Moscow 31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 20,000 | Moscow City Court 14/04/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 31/01/2021, for the sole purpose of drawing up a record of administrative offence
| 4,000 | |
23/09/2021 | Artem Sergeyevich BELOUSOV 1999 | Bushmakov Aleksey Vladimirovich Yekaterinburg | Rally in support of A. Navalnyy
Yekaterinburg 31/01/2021 | article 20.2 § 5 of CAO | 20 hours of community service | Sverdlovsk Regional Court 09/06/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station on 31/01/2021 for the sole purpose of drawing up a record of administrative offence,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
07/10/2021 | Dmitriy Igorevich KOSTYUNIN 1983 | Usanova Olimpiada Valentinovna Nizhniy Novgorod | Rally in support of A. Navalnyy
Nizhniy Novgorod 31/01/2021 | article 20.2 § 6.1 of CAO | fine of RUB 10,000 | Nizhniy Novgorod Regional Court 07/04/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 31/01/2021 and 02/02/2021 as administrative suspect, pending trial, after the offence record had been compiled,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
15/10/2021 | Nikolay Dzhumberovich ASATIANI 1974 | Peredruk Aleksandr Dmitriyevich St Petersburg | Rally for fair elections to Mosgorduma
Moscow 27/07/2019 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 20/04/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 27/07/2019 for the sole purpose of drawing up a record of administrative offence | 4,000 | |
17/12/2021 | Veronika Yuryevna MAKAROVA 2000 | Memorial Human Rights Centre Moscow | Rally in support of A. Navalnyy
Blagoveshchensk 21/04/2021 | article 20.2 § 5 of CAO | file of RUB 10,000 | Amur Regional Court 12/07/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
| 3,500 | |
17/12/2021 | Aleksey Igorevich MAKAROV 1998 | Memorial Human Rights Centre Moscow | Rally in support of A. Navalnyy
Moscow 31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Moscow City Court 21/06/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 31/01/2021 for the sole purpose of drawing up a record of administrative offence,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
30/12/2021 | Aleksey Valeryevich KUKUNCHIKOV 1995 | Usanova Olimpiada Valentinovna Nizhniy Novgorod | Rally in support of A. Navalnyy
Nizhniy Novgorod 31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Nizhniy Novgorod Regional Court 15/11/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 31/01/2021 for the sole purpose of drawing up a record of administrative offence,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
25/12/2021 | Mikhail Mikhaylovich NIKOLAYEV 1990 | Popkov Aleksandr Vasilyevich Sochi | Rally in support of A. Navalnyy
Sochi 23/01/2021 | article 20.2 § 6.1 of CAO | fine of RUB 15,000 | Krasnodar Regional Court 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 | |
30/12/2021 | Matvey Vladimirovich FEFELOV 2000 | Popkov Aleksandr Vasilyevich Sochi | Rally in support of A. Navalnyy
Sochi 23/01/2021 | article 20.2 § 6.1 of CAO | fine of RUB 15,000 | Krasnodar Regional Court 14/07/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 23/01/2021 for the sole purpose of drawing up a record of administrative offence,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
| 4,000 | |
30/12/2021 | Yelena Aleksandrovna POPOVA 1956 | Lepekhin Andrey Gennadyevich Chelyabinsk | Rally in support of A. Navalnyy
Chelyabinsk 31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Chelyabinsk Regional Court 01/07/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 3,500 | |
29/12/2021 | Ivan Aleksandrovich RYBIN 2002 | Solovyev Leonid Alekseyevich Moscow | Rally for fair elections to the State Duma
Moscow 22/09/2021 | article 20.2 § 8 of CAO | administrative detention of 25 days | Moscow City Court 28/09/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 22/09/2021 and 23/09/2021 as administrative suspect, after the offence record had been compiled,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 5,500 | |
17/12/2021 | Oleg Askarovich DIYKANOV 1977 | Zinovyev Konstantin Mikhaylovich Nizhniy Novgorod | Rally in support of A. Navalnyy
Nizhniy Novgorod 23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Nizhniy Novgorod Regional Court 17/06/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 23/01/2021 for the sole purpose of drawing up a record of administrative offence,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
09/12/2021 | Aleksey Nikolayevich GUSAROV 1981 | Memorial Human Rights Centre Moscow | Rally in support of A. 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 - arrest, escorting to a police station, detention on 02/02/2021, for the sole purpose of drawing up a record of administrative offence,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
| 4,000 | |
20/01/2022 | Anna Mikhaylovna KUDRYASHOVA 1991 | Memorial Human Rights Centre Moscow | Rally in support of A. Navalnyy
Perm 21/04/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Perm 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 | |
30/12/2021 | Mikhail Pavlovich ZYSKIN 1978 | Vasin Vladimir Valeryevich Krasnoyarsk | Rally in support of A. Navalnyy
Krasnoyarsk 31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Krasnoyarsk Regional Court 08/07/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 31/01/2021 for the sole purpose of drawing up a record of administrative offence (such record only drawn up on 16/03/2021),
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.