NAZAREDSKAYA AND OTHERS v. RUSSIA - 52077/22 (Article 11 - Freedom of assembly and association : First Section Committee) [2024] ECHR 69 (18 January 2024)


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European Court of Human Rights


You are here: BAILII >> Databases >> European Court of Human Rights >> NAZAREDSKAYA AND OTHERS v. RUSSIA - 52077/22 (Article 11 - Freedom of assembly and association : First Section Committee) [2024] ECHR 69 (18 January 2024)
URL: http://www.bailii.org/eu/cases/ECHR/2024/69.html
Cite as: [2024] ECHR 69

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FIRST SECTION

CASE OF NAZAREDSKAYA AND OTHERS v. RUSSIA

(Applications nos. 52077/22 and 22 others -

see appended list)

 

 

 

 

 

 

JUDGMENT

 

STRASBOURG

18 January 2024

 

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


In the case of Nazaredskaya and Others v. Russia,

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

 Péter Paczolay, President,
 Gilberto Felici,
 Raffaele Sabato, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 14 December 2023,

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 nationwide protests against the Russian military attack on Ukraine. 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.  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 (CAO).

  1. REMAINING COMPLAINTS


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.

  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 the applicants' complaints 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 complaints 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 18 January 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

 

 Viktoriya Maradudina Péter Paczolay

 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 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]

  1.    

52077/22

21/10/2022

Sofya Igorevna NAZAREDSKAYA

2000

 

 

Anti-war protest

 

Moscow

 

26/02/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

21/06/2022

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.

3,500

  1.    

52436/22

21/10/2022

Sergey Georgiyevich KOLESNIKOV

1970

 

 

Anti-war protest

 

Moscow

 

06/03/2022

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

29/06/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from

4.25 p.m. until 11.50 p.m. on 06/03/2022;

 

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.    

54282/22

02/11/2022

Kori MALTS

2002

 

 

Anti-war protest

 

Moscow

 

24/02/2022

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

05/07/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 9 p.m. on 24/02/2022 until 6 a.m. 25/02/2022;

 

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.    

54431/22

29/10/2022

Anastasiya Stanislavovna YAKUBA

2001

Baranova Nataliya Andreyevna

Moscow

 

Anti-war protest

 

Moscow

 

06/03/2022

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

29/06/2022

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

 

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.    

56096/22

10/11/2022

Vladimir Yevgenyevich KONSHIN

1981

 

 

Anti-war protest

 

Moscow

 

27/02/2022

article 20.2 § 5 of CAO

fine of RUB 15,000

Moscow City Court

25/07/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.30 p.m. on 27/02/2022 until 1.35 a.m. on 28/02/2022;

 

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.    

56112/22

20/11/2022

Nadezhda Viktorovna UTKINA

1986

Baranova Nataliya Andreyevna

Moscow

Anti-war protest

 

Moscow

 

24/02/2022

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

21/07/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 7.40 p.m. on 24/02/2022 until 2 a.m. on 25/02/2022;

 

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.    

56387/22

21/11/2022

Daniil Sergeyevich BOROZDIN

1996

 

 

Anti-war protest

 

Moscow

 

27/02/2022

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

21/07/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 6.05 p.m.

on 27/02/2022 until 12.30 a.m. on 28/02/2022;

 

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.    

56818/22

09/11/2022

Arina Igorevna MAKAROVA

1999

Baranova Nataliya Andreyevna

Moscow

 

Anti-war protest

 

Moscow

 

06/03/2022

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

13/07/2022

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

 

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.    

56891/22

08/12/2022

Igor Gennadyevich SYCHEV

2000

Ushakov Timofey Borisovich

Kokoshkino

Anti-war protest

 

Moscow

 

27/02/2022

article 20.2 § 5 of CAO

fine of RUB 15,000

Moscow City Court

15/08/2022

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.

3,500

  1.  

56909/22

01/12/2022

Maksim Glebovich MELENCHENKO

2001

Mikhaylova Varvara Dmitriyevna

St Petersburg

Anti-war protest

 

Moscow

 

03/03/2022

article 20.2 § 5 of CAO

fine of RUB 15,000

Moscow City Court

03/08/2022

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

 

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.  

56917/22

18/11/2022

Varvara Andreyevna POPOVA

2001

Baranova Nataliya Andreyevna

Moscow

Anti-war protest

 

Moscow

 

03/03/2022

article 20.2 § 5 of CAO

fine of RUB 15,000

Moscow City Court

19/07/2022

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

 

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.  

56927/22

28/11/2022

Ivan Nikolayevich LOZHKIN

1985

 

 

Anti-war protest

 

Moscow

 

06/03/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

29/07/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.35 p.m. until 9.40 p.m. on 06/03/2022;

 

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.  

56928/22

25/11/2022

Polina Aleksandrovna LEMESHEVA

1994

Timireva Olga Vladimirovna

Moscow

Anti-war protest

 

Moscow

 

06/03/2022

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

25/08/2022

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.

3,500

  1.  

57020/22

13/11/2022

Sergey Igorevich KRAUKLISH

1969

Zyryanova Mariya Sergeyevna

St Petersburg

Anti-war protest

 

St Petersburg

 

06/03/2022

article 20.2 § 6.1 of CAO

fine of RUB 10,000

St Petersburg City Court

14/07/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.50 p.m. until 9.15 p.m. on 06/03/2022;

 

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.  

57033/22

15/11/2022

Anna Mikhaylovna MUKHOYAN

1999

 

 

Anti-war protest

 

Moscow

 

06/03/2022

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

15/07/2022

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

 

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.  

57339/22

19/11/2022

Ivan Dmitriyevich MITRAKOV

1993

 

 

Anti-war protest

 

Moscow

 

03/03/2022

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

19/07/2022

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

 

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.  

57396/22

17/11/2022

Olga Dmitriyevna SLUZHBINA

2002

 

 

Anti-war protest

 

Moscow

 

06/03/2022

article 20.2 § 5 of CAO

fine of RUB 15,000

Moscow City Court

29/07/2022

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

 

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.  

57514/22

17/11/2022

Galina Vladimirovna BOBROVA

1968

 

 

Anti-war protest

 

Moscow

 

06/03/2022

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

25/07/2022

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

 

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.  

57517/22

08/12/2022

Tatyana Valeryevna DAVIDIS

1969

 

 

Anti-war protest

 

Moscow

 

27/02/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

15/08/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.50 p.m. until 11 p.m. on 27/02/2022;

 

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.  

57546/22

29/11/2022

Nataliya Aleksandrovna LAUVE

2000

Baranova Natalya Andreyevna

Moscow

 

Anti-war protest

 

Moscow

 

06/03/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

29/07/2022

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

 

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.  

57583/22

19/11/2022

Mikhail Mikhaylovich STARIKOV

1983

 

 

Anti-war protest

 

Moscow

 

03/03/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

21/07/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 7.40 p.m. on 03/03/2022 until 1.30 a.m. on 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.

4,000

  1.  

57714/22

08/12/2022

Yelena Aleksandrovna DOBRIKOVA

1992

Ushakov Timofey Borisovich

Kokoshkino

Anti-war protest

 

Moscow

 

27/02/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

17/08/2022

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

 

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.  

57852/22

21/11/2022

Yevgeniy Yuryevich SIMONOV

1977

 

 

Anti-war protest

 

Moscow

 

06/03/2022

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

21/07/2022

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

 

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


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