THIRD SECTION
CASE OF PCHELIN AND OTHERS v. RUSSIA
(Applications nos. 6274/13 and 23 others –
see appended list)
JUDGMENT
STRASBOURG
6 April 2023
This judgment is final but it may be subject to editorial revision.
In the case of Pchelin 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 16 March 2023,
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 and/or participants of public assemblies. Some applicants also raised other complaints under the provisions of the Convention.
THE LAW
I. 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.
II. ALLEGED VIOLATION OF ARTICLE 11 OF THE CONVENTION
6. The applicants complained principally of disproportionate measures taken against them as organisers and/or participants of public assemblies, namely the dispersal of these assemblies, as well as the applicants’ arrest followed by their conviction for administrative offence. They relied, expressly or in substance, on Article 11 of the Convention.
7. 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).
8. 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.
9. 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”.
10. These complaints are therefore admissible and disclose a breach of Article 11 of the Convention.
III. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW
11. 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. Having examined all the material before it, the Court concludes that they also disclose violations of the Convention in the light of its well‑established case-law (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 84-138, 10 April 2018, as regards unlawful administrative arrest, and Karelin v. Russia, no. 926/08, 20 September 2016, concerning examination of criminal cases in the absence of a prosecuting party in the judicial proceedings governed by the Federal Code of Administrative Offences(CAO)).
IV. REMAINING COMPLAINTS
12. In view of its findings above, the Court considers that there is no need to deal separately with the remaining complaints under Article 6 of the Convention raised by some of the applicants in relation to other aspects of the fairness of the administrative-offence proceedings.
V. APPLICATION OF ARTICLE 41 OF THE CONVENTION
13. Article 41 of the Convention provides:
“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”
14. 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 and dismisses the remainder of the applicants’ claims for just satisfaction.
FOR THESE REASONS, THE COURT, UNANIMOUSLY,
1. Decides to join the applications;
2. Declares the complaints concerning the right to peaceful assembly and the other complaints under the well-established case-law of the Court, as set out in the appended table, admissible, and decides that it is not necessary to examine separately the remaining complaints under Article 6 of the Convention concerning other aspects of the fairness of the proceedings;
3. Holds that these applications disclose a breach of Article 11 of the Convention concerning the right to peaceful assembly,
4. 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);
5. 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;
6. Dismisses the reminder of the applicants’ claims for just satisfaction.
Done in English, and notified in writing on 6 April 2023, 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 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] | |
|
6274/13 06/12/2012 |
Dmitriy Fedorovich PCHELIN 1984 |
|
Protest against a violation of freedom of peaceful assembly
Moscow, Red Square
01/04/2012 |
Article 20.2 § 2 of CAO |
fine of RUB 500 |
Tverskoy District Court of Moscow 13/06/2012 |
|
3,500 |
|
69940/17 07/09/2017 |
Yevgeniy Viktorovich TRISHIN 1988 |
Terekhov Konstantin Ilyich Moscow |
Anti-corruption manifestation
St Petersburg
12/06/2017 |
Article 19.3 § 1 of CAO, Article 20.2 § 5 of CAO |
fine of RUB 1,000 and RUB 10,000, respectively |
St Petersburg City Court 18/07/2017 |
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 12/06/2017 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence; issue 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. Final decision: St Petersburg City Court on 18/07/2017
|
4,000 |
|
79158/17 02/11/2017 |
Ivan Borisovich KURIN 1986 |
Gaynutdinov Damir Ravilevich Sofia, Bulgaria |
Anti-corruption rally
Labour Square, Yekaterinburg
26/03/2017 |
Article 20.2 § 5 of CAO |
fine of RUB 10,000 |
Sverdlovsk Regional Court 04/05/2017 |
|
3,500 |
|
79161/17 02/11/2017 |
Leonid Valeryevich MELCHAKOV 1983 |
Gaynutdinov Damir Ravilevich Sofia, Bulgaria |
Anti-corruption rally
Labour Square, Yekaterinburg
26/03/2017 |
Article 20.2 § 5 of CAO |
fine of RUB 10,000 |
Sverdlovsk Regional Court 03/05/2017 |
|
3,500 |
|
79367/17 02/11/2017 |
Leonid Leonidovich VINOKUROV 1986 |
Gaynutdinov Damir Ravilevich Sofia, Bulgaria |
Anti-corruption rally
Labour Square, Yekaterinburg
26/03/2017 |
Article 20.2 § 5 of CAO |
fine of RUB 10,000 |
Sverdlovsk Regional Court 03/05/2017 |
|
3,500 |
|
79945/17 15/11/2017 |
Dmitriy Pavlovich POROKH 1995 |
Gaynutdinov Damir Ravilevich Sofia, Bulgaria |
Anti-corruption rally
Labour square, Yekaterinburg
26/03/2017 |
Article 20.2 § 5 of CAO |
fine of RUB 10,000 |
Sverdlovsk Regional Court 16/05/2017 |
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - The applicant was detained for almost 3 hours on 26/03/2017 in a police bus at the place of the events without a valid reason; raised on appeal
|
4,000 |
|
80631/17 17/11/2017 |
Anatoliy Viktorovich GONENKO 1984 |
Memorial Human Rights Centre Moscow |
Anti-corruption rally
Moscow
26/03/2017 |
Article 20.2 § 5 of CAO |
fine of RUB 15,000 |
Moscow City Court 26/05/2017 |
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court on 26/05/2017
|
3,500 |
|
80632/17 17/11/2017 |
Oksana Aleksandrovna PROSNIKOVA 1985 |
Memorial Human Rights Centre Moscow |
Anti-corruption rally
Moscow
26/03/2017 |
Article 20.2 § 5 of CAO |
fine of RUB 15,000 |
Moscow City Court 17/05/2017 |
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - The applicant was escorted to a police station on 26/03/2017, where the administrative offence report was drawn up. The applicant’s detention exceeded 3-hour statutory time limit; 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. Final decision: Moscow City Court on 17/05/2017
|
4,000 |
|
80633/17 17/11/2017 |
Olga Nikolayevna BUSHKOVA 1986 |
Memorial Human Rights Centre Moscow |
Anti-corruption rally
Moscow
26/03/2017 |
Article 20.2 § 2 of CAO |
fine of RUB 15,000 |
Moscow City Court 16/06/2017 |
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - the applicant escorted to a police station to draw an administrative offence report; arrest exceeding 3-hour statutory time limit; 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. Final decision: Moscow City Court on 16/06/2017 |
4,000 |
|
81111/17 20/11/2017 |
Yuliya Alekseyevna SUBOCHEVA 1986 |
Zboroshenko Nikolay Sergeyevich Mytishchi |
Public assembly in favour of social benefits for Moscow residents
Moscow
01/07/2016 |
Article 20.2 § 5 of CAO |
fine of RUB 10,000 |
Moscow City Court 24/05/2017 |
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court on 24/05/2017
|
3,500 |
|
83338/17 05/12/2017 |
Yuriy Aleksandrovich LEVANOV 1981 |
Terekhov Konstantin Ilyich Moscow |
Anti-corruption rally
Moscow
26/03/2017 |
Article 20.2 § 5 of CAO |
fine of RUB 10,000 |
Moscow City Court 06/06/2017 |
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrested on 26/03/2017 for the sole purpose of drawing up a record of administrative offence; arrest exceeding 3-hour statutory time-limit; 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. Final decision: Moscow City Court on 06/06/2017
|
4,000 |
|
83929/17 08/12/2017 |
Andrey Aleksandrovich BELYAVSKIY 1982 |
Memorial Human Rights Centre Moscow |
Anti-corruption rally
Moscow
26/03/2017 |
Article 20.2 § 5 of CAO |
fine of RUB 10,000 |
Moscow City Court 14/06/2017 |
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court on 14/06/2017
|
3,500 |
|
83934/17 08/12/2017 |
Valeriy Sergeyevich NAZARKIN 1983 |
Memorial Human Rights Centre Moscow |
Anti-corruption rally
Moscow
26/03/2017 |
Article 20.2 § 5 of CAO |
fine of RUB 10,000 |
Moscow City Court 08/06/2017 |
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - the applicant was arrested on 26/03/2017 and escorted to a police station for compiling an administrative offence record; arrest exceeding 3-hour statutory time- limit; 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. Final decision: Moscow City Court on 08/06/2017
|
4,000 |
|
83937/17 08/12/2017 |
Sergey Gennadyevich RIDINGER 1986 |
Memorial Human Rights Centre Moscow |
Anti-corruption rally
Moscow
26/03/2017 |
Article 20.2 § 5 of CAO |
fine of RUB 10,000 |
Moscow City Court 24/07/2017 |
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - the applicant was arrested on 26/03/2017 for the sole purpose of drawing up an administrative offence record; the applicant’s detention exceeded the statutory time- limit of 3 hours; 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. Final decision: Moscow City Court on 24/07/2017
|
4,000 |
|
83947/17 08/12/2017 |
Aleksey Mikhaylovich SINITSYN 1996 |
Memorial Human Rights Centre Moscow |
Anti-corruption rally
Moscow
26/03/2017 |
Article 20.2 § 5 of CAO |
fine of RUB 5,000 |
Moscow City Court 18/07/2017 |
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - the applicant was escorted to a police station for drawing up an administrative offence record; the arrest exceeded 3-hour statutory time- limit; 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. Final decision: Moscow City Court on 18/07/2017
|
4,000 |
|
84510/17 15/12/2017 |
Vladimir Ivanovich SOFILKANICH 1968 |
Memorial Human Rights Centre Moscow |
Anti-corruption rally
Moscow
26/03/2017 |
Article 20.2 § 5 of CAO |
fine of RUB 10,000 |
Moscow City Court 16/06/2017 |
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - the applicant was arrested on 26/03/2017 for the sole purpose of drawing up an administrative offence record, without any assessment/explanation as to why it was impossible to draw the record on the spot; unlawful administrative arrest exceeding 3 hours: apprehended by the police at 2.50 p.m. on 26/03/2017, released from the police station at 8 p.m.; 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. Final decision: Moscow City Court on 16/06/2017
|
4,000 |
|
84520/17 18/12/2017 |
Yekaterina Valeryevna TAGUNOVA 1991 |
Mehtiyeva Kamalia Paris |
Rally for rotation of high-ranking Russian officials
Aleksandrovskiy Park, St Petersburg
29/04/2017 |
Article 19.3 § 1 of CAO and Article 20.2 § 5 of CAO |
fine of RUB 500 and fine of RUB 100 |
St Petersburg City Court 20/06/2017
|
|
3,500 |
|
2160/18 11/12/2017 |
Kseniya Mikhaylovna KORCHILOVA 1996 |
Markin Konstantin Aleksandrovich Velikiy Novgorod |
Anti-corruption demonstration
St Petersburg,
26/03/2017 |
Article 20.2 § 5 of CAO |
fine of RUB 10,000 |
St Petersburg City Court 06/07/2017 |
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: St Petersburg City Court on 06/07/2017
|
3,500 |
|
2845/18 26/12/2017 |
Stanislav Valeryevich ANDREYCHUK 1985 |
Glukhov Aleksey Vladimirovich Novocheboksarsk |
Anti-terrorism manifestation
Barnaul
08/04/2017 |
Article 20.2 § 6.1 of CAO |
fine of RUB 10,000 |
Altay Regional Court 12/09/2017 |
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Altay Regional Court on 12/09/2017
|
3,500 |
|
3844/18 13/12/2017 |
Mariya Sergeyevna SECHINA 1991 |
Ratnikova Svetlana Sergeyevna St Petersburg |
Anti-corruption demonstration
St Petersburg
26/03/2017 |
Article 20.2 § 5 of CAO |
fine of RUB 10,000 |
St Petersburg City Court 06/07/2017 |
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: St Petersburg City Court on 06/07/2017 |
3,500 |
|
4818/18 08/12/2017 |
Ruslan Igorevich OSTROVSKIY 1989 |
Preobrazhenskaya Oksana Vladimirovna Strasbourg |
Anti-corruption rally
Tverskaya square, Moscow
26/03/2017 |
Article 20.2 § 5 of CAO |
fine of RUB 15,000 |
Moscow City Court 08/12/2017 |
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrested on 26/03/2017, at 3.30 p.m., taken to a police station to draw up a record of administrative offence; released on the same day after 10 p.m., detention beyond the 3-hour statutory time-limit; 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. Final decision: Moscow City Court on 08/12/2017
|
4,000 |
|
59656/18 06/12/2018 |
Igor Aleksandrovich YAKOVLEV 1986 |
Glukhov Aleksey Vladimirovich Novocheboksarsk |
Opposition manifestation
Republic Square, Cheboksary
05/05/2018 |
Article 20.2 § 5 of CAO |
fine of RUB 10,000 |
Supreme Court of the Chuvashia Republic 07/06/2018 |
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Supreme Court of the Chuvashia Republic on 07/06/2018
|
3,500 |
|
59662/18 08/12/2018 |
Pavel Vladimirovich NIKITIN 1991 |
Terekhov Konstantin Ilyich Moscow |
Opposition manifestation
Vladimir
05/05/2018
|
Article 20.2 § 5 of CAO and Article 19.3 § 1 of CAO |
fine of RUB 5,000 and 1 day of administrative arrest |
Vladimir Regional Court 06/09/2018 and Vladimir Regional Court 09/06/2018 |
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings. Final decisions: Vladimir Regional Court on 06/09/2018 and 09/06/2018
|
3,500 |
|
1025/19 14/12/2018 |
Nikolay Aleksandrovich SKVORTSOV 1990 |
Glukhov Aleksey Vladimirovich Novocheboksarsk |
Opposition manifestation
Cheboksary
05/05/2018 |
Article 20.2 § 5 of CAO |
fine of RUB 10,000 |
Supreme Court of the Chuvashia Republic 17/07/2018 |
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Supreme Court of the Chuvashia Republic on 17/07/2018
|
3,500 |