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You are here: BAILII >> Databases >> European Court of Human Rights >> OBLASOVA AND OTHERS v. RUSSIA - 23295/21 (Article 11 - Freedom of assembly and association : First Section Committee) [2024] ECHR 623 (04 July 2024) URL: http://www.bailii.org/eu/cases/ECHR/2024/623.html Cite as: [2024] ECHR 623 |
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FIRST SECTION
CASE OF OBLASOVA AND OTHERS v. RUSSIA
(Applications nos. 23295/21 and 22 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 Oblasova 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 13 June 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 and its Protocols, 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 and its Protocols 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); and Martynyuk v. Russia, no. 13764/15, §§ 38-42, 8 October 2019, relating to the lack of suspensive effect of an appeal against the sentence of administrative detention.
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 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 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)
Application no. Date of introduction | Applicant's name Year of birth
| Representative's name and location | Name of the public event Location Date | Administrative charges | Penalty | Final domestic decision Court Name Date | Other complaints under well-established case-law | Amount awarded for pecuniary and non-pecuniary damage per applicant (in euros)[1] | |
14/04/2021 | Tatyana Yuryevna OBLASOVA 1972 | Pomazuyev Aleksandr Yevgenyevich Vilnius | Rally in support of A. Navalnyy
Kurgan
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Kurgan Regional Court 15/03/2021 | Art. 5 (1) - unlawful detention - arrest and 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 | |
12/04/2021 | Igor Yevgenyevich PROKOPYEV 1997 | Pomazuyev Aleksandr Yevgenyevich Vilnius | Rally in support of A. Navalnyy
Kurgan
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 20,000 | Kurgan Regional Court 16/03/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 23/01/2021 for the sole purpose of drawing up 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 | |
14/04/2021 | Vladimir Sergeyevich SAVICHEV 2002 | Pomazuyev Aleksandr Yevgenyevich Vilnius | Rally in support of A. Navalnyy
Balakovo, Saratov Region
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 20,000 | Saratov Region Court 19/03/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 3,500 | |
20/04/2021 | Aleksandr Vyacheslavovich FADEYEV 1987 | Shchukin Andrey Yevgenyevcich Nizhniy Tagil | Rally in support of political prisoners
Yekaterinburg
31/01/2021 | article 20.2 § 5 of CAO | community work of 30 hours | Sverdlovsk Regional Court 31/03/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 31/01/2021 for the sole purpose of drawing up 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 | |
16/04/2021 | Denis Sergeyevich BASKOVSKIY 1991 | Memorial Human Rights Centre Moscow | Rally in support of A. Navalnyy
Moscow
02/02/2021 | article 20.2 § 6.1 of CAO | administrative detention of 12 days | Moscow City Court 08/02/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 02/02/2021 and 03/02/2021 as an 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,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 03/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO | 5,000 | |
16/04/2021 | Kenenbek ARZYMATOV 1994 | Memorial Human Rights Centre 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 05/02/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 02/02/2021 and 04/02/2021 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 | |
29/03/2021 | Yekaterina Borisovna GRITSAYENKO 1975 | Bayeva Aleksandra Nikolayevna Moscow | Rally in support of A. Navalnyy
Rostov-on-Don
23/01/2021 | article 20.2 § 6.1 of CAO | administrative detention of 10 days | Rostov Regional Court 02/02/2021 | Art. 5 (1) - unlawful detention - arrest and detention on 29/01/2021 as administrative suspect in the CAO proceedings concerning the rally of 23/01/2021, 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,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 29/01/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO | 5,000 | |
29/03/2021 | NIkolay NIkolayevich KOMAROV 1983 | Memorial Human Rights Centre Moscow | Rally in support of A. Navalnyy
Moscow
31/01/2021 | article 20.2 § 6.1 of CAO | administrative detention of 4 days | Moscow City Court 04/02/2021 | 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, 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,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 01/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO | 5,000 | |
29/03/2021 | Oleg Dmitriyevich KALACHEV 1988 | Memorial Human Rights Centre Moscow | 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 09/02/2021 | 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, 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,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 01/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO | 5,000 | |
27/04/2021 | Aleksey Vitalyevich MARTYNOV 1988 | Memorial Human Rights Centre 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 05/02/2021 | 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,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 01/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
| 5,000 | |
17/05/2021 | Nastasya Igorevna FILYAYEVA 1992 | Memorial Human Rights Centre 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 05/02/2021 | Art. 5 (1) - unlawful detention- arrest, escorting to a police station and 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,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 03/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO | 5,000 | |
17/05/2021 | Yelena Artemovna KITAYEVA 1999 | Memorial Human Rights Centre Moscow | Rally in support of A. Navalnyy
Moscow
02/02/2021 | article 20.2 § 6.1 of CAO | administrative detention of 12 days | Moscow City Court 09/02/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 02/02/2021 and 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,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant on 03/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
| 5,000 | |
17/05/2021 | Oleg Yuryevich GRYAZNOV 1999 | Memorial Human Rights Centre Moscow | Rally in support of A. Navalnyy
Moscow
31/01/2021 | article 20.2 § 6.1 of CAO | administrative detention of 15 days | Moscow City Court 08/02/2021 | 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, 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,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant on 01/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO | 5,000 | |
17/05/2021 | Vadim Viktorovich BULATOV 1979 | Memorial Human Rights Centre Moscow | Rally in support of A. Navalnyy
Moscow
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Moscow City Court 06/04/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 23/01/2021 for the sole purpose of drawing up 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 | |
17/05/2021 | Samvel Valeryevich MNATSAKANYAN 1990 | Memorial Human Rights Centre Moscow | Rally in support of A. Navalnyy
Moscow
31/01/2021 | article 20.2 § 6.1 of CAO | administrative detention of 6 days | Moscow City Court 08/04/2021 | 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,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - The sentence of administrative detention imposed on the applicant on 01/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO | 5,000 | |
28/04/2021 | Anzhelika Yuryevna YAROVAYA 1994 |
| Rally in support of A. Navalnyy
Belgorod
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Belgorod Regional Court 15/03/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 3,500 | |
23/04/2021 | Sergey Vasilyevich OSTROUKHOV 1957 |
| Rally in support of A. Navalnyy
Kaluga
31/01/2021 | article 20.2 § 2 of CAO | administrative detention of 5 days | Kaluga Regional Court 19/02/2021 |
| 3,500 | |
01/06/2021 | Yelena Mikhaylovna KADETOVA 1964 | Vasin Vladimir Valeryevich Krasnoyarsk | Rally in support of Khabarovsk protesters
Krasnoyarsk
25/07/2020
| article 20.2 § 5 of CAO | fine of RUB 10,000 | Krasnoyarsk Regional Court 17/12/2020 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 3,500 | |
09/06/2021 | Semen Andreyevich KALININ 1998 | Shchukin Andrey Yevgenyevich Nizhniy Tagil | Rally in support of A. Navalnyy
Yekaterinburg
31/01/2021 | article 20.2 § 5 of CAO | community work of 30 hours | Sverdlovsk Regional Court 07/04/2021 | Art. 5 (1) - unlawful detention- arrest, escorting to a police station and detention on 31/01/2021 for the sole purpose of drawing up a record of an 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 | |
06/06/2021 | Irina Denisovna CHEPLOUTSKAYA 1996 | Zubarev Dmitriy Vladimirovich Vladivostok | Rally in support of A. Navalnyy
Vladivostok
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 12,000 | Primorye Regional Court 30/03/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 31/01/2021 for the sole purpose of drawing up a record of an 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 | |
07/06/2021 | Nina Yuryevna KVYATKOVSKAYA 1980 | Tunikov Mikhail Igorevich Vladivostok | Rally in support of S. Furgal
Vladivostok
19/07/2020 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Primorye Regional Court 08/12/2020 |
| 3,500 | |
03/06/2021 | Andrey Vladimirovich BIKULOV 1987 | Glukhov Aleksey Vladimirovich Novocheboksarsk | Rally in support of A. Navalnyy
Cheboksary
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Supreme Court of the Republic of Chuvashia 29/04/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 3,500 | |
25/06/2021 | Georgiy Anatolyevich SHEVELEV 2002 | 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 20/04/2021 | 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 |
[1] Plus any tax that may be chargeable to the applicants.