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You are here: BAILII >> Databases >> European Court of Human Rights >> ZOLOTUKHIN AND OTHERS v. RUSSIA - 48034/21 (Article 11 - Freedom of assembly and association : Third Section Committee) [2024] ECHR 694 (18 July 2024) URL: http://www.bailii.org/eu/cases/ECHR/2024/694.html Cite as: [2024] ECHR 694 |
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THIRD SECTION
CASE OF ZOLOTUKHIN AND OTHERS v. RUSSIA
(Applications nos. 48034/21 and 19 others -
see appended list)
JUDGMENT
STRASBOURG
18 July 2024
This judgment is final but it may be subject to editorial revision.
In the case of Zolotukhin and Others v. Russia,
The European Court of Human Rights (Third Section), sitting as a Committee composed of:
Ioannis Ktistakis, President,
Oddný Mjöll Arnardóttir,
Diana Kovatcheva, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 27 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. They 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 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. In view of the above findings, the Court considers that there is no need to deal separately with the remaining complaints under Article 6 of the Convention lodged by some of the applicants and concerning the fairness of the proceedings and the alleged restrictions on the right to examine witnesses.
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 18 July 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Ioannis Ktistakis
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] | |
09/09/2021 | Roman Alekseyevich ZOLOTUKHIN 2001 | Bochilo Anna Yevgenyevna Barnaul | Manifestation in support of A. Navalnyy
Lenin street, Kursk
31/01/2021 | article 20.2 § 5 of CAO | 30 hours' community service | Kursk Regional Court 27/04/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 3,500 | |
06/11/2021 | Maksim Andreyevich YURASOV 2001 | Zboroshenko Nikolay Sergeyevich Moscow | Manifestation in support of A. Navalnyy
Moscow
23/01/2021
Manifestation against the war in Ukraine
Moscow
24/02/2022 | article 20.2 § 6.1 of CAO,
and article 19.3 § 1 of CAO
article 20.2 § 5 of CAO | 10 days' administrative arrest; and 10 days' administrative arrest
fine of RUB 15,000 | Moscow City Court 01/06/2021 (two decisions)
Moscow City Court 05/09/2022 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - In respect of all sets of the proceedings,
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 23/01/2021 and 24/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity (raised in the administrative proceedings) | 5,000 | |
12/09/2022 | Svetlana Viktorovna KAVERZINA 1969 | Nechayeva Olga Yuryevna Novosibirsk | Public event "Immortal Regiment"
Novosibirsk
08/05/2022 | article 20.2 § 2 of CAO | 7 days' administrative arrest | Novosibirsk Regional Court 12/05/2022 | Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence imposed on the applicant by the trial court was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO,
Art. 10 (1) - various restrictions on the right to freedom of expression - Conviction under Article 20.3.3 § 1 of CAO for publishing of and anti-war post in social network Vkontakte on 23/04/2022/ administrative fine of RUB 30,000/ Novosibirsk Regional Court on 04/10/2022 (appeal) | 5,000 | |
15/10/2022 | Aleksandr Pavlovich ZHODZISHSKIY 2001 | Baranova Natalya Andreyevna Moscow | Manifestation against the war in Ukraine
Moscow
06/03/2022 | article 20.2 § 5 of CAO | fine of RUB 20,000 | Moscow City Court 15/06/2022 | Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 06/03/2022 - applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) ((raised in the administrative proceedings),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
| 4,000 | |
14/10/2022 | Mikhail Aleksandrovich OSINTSEV 1997 | Mangileva Vera Borisovna Yekaterinburg | Manifestation against the war In Ukraine
Yekaterinburg
06/03/2022 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Sverdlovsk Regional Court 22/06/2022 |
| 3,500 | |
15/10/2022 | Guzaliya Galimovna KHAMIDULLINA 2002 | Lapuzin Aleksey Sergeyevich Samara | Manifestation against the war in Ukraine
Samara
27/02/2022 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Samara Regional Court 16/06/2022 | Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 27/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (raised in the administrative proceedings),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
06/10/2022 | Marat Alikovich GILMANOV 1984 | Baranova Natalya Andreyevna Moscow | Manifestation against the war in Ukraine
Moscow
24/02/2022 | article 20.2 § 5 of CAO | fine of RUB 20,000 | Moscow City Court 27/07/2022 | Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 24/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (raised in the administrative proceedings),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - | 4,000 | |
22/10/2022 | Yuliya Yuryevna GRENKOVA 1965 | Sabirov Rim Faridovich Kazan | Manifestation against the war in Ukraine
Kazan
27/02/2022 | article 20.2 § 5 of CAO | fine of RUB 5,000 | Supreme Court of the Republic of Tatarstan 22/06/2022 | Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 27/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity (raised in the administrative proceedings) | 4,000 | |
23/10/2022 | Sergey Aleksandrovich TETERKIN 1992 |
| Manifestation against the war in Ukraine
Moscow
02/03/2022 | article 20.2 § 5 of CAO | fine of RUB 20,000 | Moscow City Court 23/06/2022 | Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention from 7.40 p.m. on 02/03/2022 to 2 a.m. on 03/03/2022 - applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (raised in the administrative proceedings),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
05/10/2022 | Galina Yuryevna MOSKALENKO 1992 | Baranova Natalya Andreyevna Moscow | Manifestation against the war in Ukraine
Moscow
01/03/2022 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Moscow City Court 21/06/2022 | Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 01/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity (raised in the administrative proceedings),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
26/10/2022 | Larisa Vladimirovna LEONOVA 1966 |
| Manifestation against the war in Ukraine
Moscow
27/02/2022 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 27/06/2022 | Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention from 5.17 p.m. to 10.38 p.m. on 27/02/2022 - applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (raised in the administrative proceedings),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - | 4,000 | |
02/11/2022 | Polina Andreyevna DOBROTSVETOVA 2000 |
| Manifestation against the war in Ukraine
Moscow
06/03/2022 | article 20.2 § 5 of CAO | fine of RUB 20,000 | Moscow City Court 05/07/2022 | Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 06/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity (raised in the administrative proceedings),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
02/11/2022 | Yekaterina Grachevna DYAKONENKO 1987 | Markin Konstantin Aleksandrovich Velikiy Novgorod | Manifestation against the war in Ukraine
Moscow
06/03/2022 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Moscow City Court 21/07/2022 | Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 06/03/2022 - applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity ( (raised in the administrative proceedings),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - | 4,000 | |
05/11/2022 | Dmitriy Mikhaylovich BIZUN 1990 | Baranova Natalya Andreyevna Moscow | Manifestation against the war in Ukraine
Moscow
03/03/2022 | article 20.2 § 5 of CAO | fine of RUB 20,000 | Moscow City Court 05/07/2022 | Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 03/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity (raised in the administrative proceedings),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - | 4,000 | |
29/10/2022 | Mariya Olegovna SILIVERSTOVA 2000 |
| Manifestation against the war in Ukraine
Yekaterinburg
06/03/2022 | article 20.2 § 5 of CAO | fine of RUB 20,000 | Sverdlovsk Regional Court 29/06/2022 | Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 06/03/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's (raised in the administrative proceedings),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
10/11/2022 | Aleksey Sergeyevich PRIMECHAYEV 1999 |
| Manifestation against the war in Ukraine
Moscow
24/02/2022 | article 20.2 § 5 of CAO | fine of RUB 20,000 | Moscow City Court 11/07/2022 | Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention from 7.30 p.m. on 24/02/2022 to 12.02 a.m. on 25/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (raised in the administrative proceedings),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
22/11/2022 | Veronika Valeryevna NARYKOVA 1998 | Sergeyeva Irina Vadimovna Moscow | Manifestation against the war in Ukraine
Moscow
26/02/2022 | article 20.2 § 5 of CAO | fine of RUB 20,000 | Moscow City Court 07/10/2022 | Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention from 4.40 p.m. to 9.16 p.m. on 26/02/2022 - Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (raised in the administrative proceedings
| 4,000 | |
05/11/2022 | Lyudmila Nikolayevna SVEZHENTSEVA 1982 | Baranova Natalya Andreyevna Moscow | Manifestation against the war in Ukraine
Moscow
24/02/2022 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Moscow City Court 05/07/2022 | Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 24/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity (raised in the administrative proceedings),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - | 4,000 | |
18/11/2022 | Anastasiya Sergeyevna RAZGULOVA 1990 | Mikhaylova Varvara Dmitriyevna St Petersburg | Manifestation against the war in Ukraine
Kazan
27/02/2022 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Supreme Court of the Republic of Tatarstan 20/07/2022 | Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 27/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity (raised in the administrative proceedings),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - | 4,000 | |
16/11/2022 | Yegor Borisovich DANICHEV 1990 | Arshinova Valeriya Aleksandrovna Moscow | Manifestation against the war in Ukraine
Moscow
27/02/2022 | article 20.2 § 6.1 of CAO | fine of RUB 15,000 | Moscow City Court 21/07/2022 | Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Arrest and detention on 27/02/2022 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity (raised in the administrative proceedings),
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.
