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European Court of Human Rights
You are here: BAILII >> Databases >> European Court of Human Rights >> GORSKIY AND OTHERS v. RUSSIA - 78796/17 (Article 11 - Freedom of assembly and association : Second Section Committee) [2023] ECHR 654 (07 September 2023)
URL: http://www.bailii.org/eu/cases/ECHR/2023/654.html
Cite as: [2023] ECHR 654
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SECOND SECTION
CASE OF GORSKIY AND OTHERS v. RUSSIA
(Applications nos. 78796/17 and 23 others -
see appended list)
JUDGMENT
STRASBOURG
7 September 2023
This judgment is final but it may be subject to editorial revision.
In the case of Gorskiy and Others v. Russia,
The European Court of Human Rights (Second Section), sitting as a Committee composed of:
Lorraine Schembri Orland, President,
Frédéric Krenc,
Davor Derenčinović, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 6 July 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 participants or organisers of public assemblies. Some applicants also raised other complaints under the provisions of the Convention.
THE LAW
- 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.
- 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).
- 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, and having taken into account the issue of compliance with the six-month time-limit under Article 35 § 1 of the Convention (see Saakashvili v. Georgia (dec.), nos. 6232/20 and 22394/20, §§ 46-59, 1 March 2022, in which the Court addressed the COVID-related extension of the period in question), 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.
- OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW
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 the 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); 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 detention under the CAO; and Korneyeva, cited above, §§ 62-65, as to the right of the organisers or participants of public assemblies not to be tried and punished twice for the same offence.
- REMAINING COMPLAINTS
14. Some applicants raised other complaints, including 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.
- 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,
- Decides to join the applications;
- Holds that it has jurisdiction to deal with the applicants' complaints as they relate to facts that took place before 16 September 2022;
- 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;
- Holds that there has been a violation of Article 11 of the Convention;
- Holds that there has been a violation of the Convention and the Protocols thereto as regards the other complaints raised under the well-established case-law of the Court (see the appended table);
- 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 7 September 2023, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Lorraine Schembri Orland
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] | |
24/10/2017 | Yuriy Yevgenyevich GORSKIY 1971 | Zboroshenko Nikolay Sergeyevich Mytishchi | Rally Moscow, 12/02/2017
Labour Day rally Moscow, 01/05/2017 | Article 20.2 § 8 of CAO
Article 20.2 § 8 of CAO
and
Article 19.3 § 1 of CAO | fine of RUB 200,000
3 days of detention
fine of RUB 1,000 | Moscow City Court 12/07/2017
Moscow City Court 05/05/2017
Moscow City Court 22/05/2017 | Art. 5 (1) - unlawful detention - on 12/02/2017 escorting to a police station for compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in the case under Article 20.2 § 8 of CAO (final decision on 05/05/2017 by Moscow City Court),
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - - as regards the rally on 01/05/2017 - Art. 19.3 § 1 CAO and Art. 20.2 § 8 CAO; overlap of the facts constituting the basis for the applicant's prosecution and punishment in the second set of proceedings with substantially the same facts underlying his conviction in the first set of proceedings | 7,800 | |
17/09/2018 | Mariya Viktorovna MAKOVOZOVA 1996 | Vasin Vladimir Valeryevich Krasnoyarsk | Opposition rally Krasnoyarsk, 05/05/2018
Rally against the pension reform Krasnoyarsk, 09/09/2018
| Article 20.2 § 2 of CAO
Article 20.2 § 8 of CAO
| 3 days of detention
10 days of detention
| Krasnoyarsk Regional Court 24/05/2018
Krasnoyarsk Regional Court 12/09/2018
| Art. 5 (1) - unlawful detention - on 04/05/2018 and 06/09/2018 escorting to a police station for compiling offence reports in relation to the rallies planned for 05/05/2018 and 09/09/2018,
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,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - lack of a suspensive effect of an appeal against sentence of detention - the applicant started serving the sentences of administrative detention immediately after the conviction by the first-instance courts; the lodging of appeal or appeal proceedings do not offer suspensive effect. | 5,000 | |
30/10/2018 | Ilyas Akhmedovich MEKNASSI 1997 | Antokhin Yevgeniy Vyacheslavovich Moscow | Opposition rally Moscow, 05/05/2018 | Article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 04/09/2018 | Art. 5 (1) - unlawful detention - on 05/05/2018 escorting to a police station for compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
10/12/2018 | Nikolay Viktorovich NESTEROV 1999 | Memorial Human Rights Centre Moscow | Anticorruption rally Moscow, 26/03/2017 | Article 19.3 § 1 of CAO | fine of RUB 1,000 | Moscow City Court 18/06/2018 | Art. 5 (1) - unlawful detention - on 26/03/2017 escorting to a police station for compiling an offence report | 4,000 | |
15/04/2019 | Veronika Nikolayevna NOVOZHENOVA 1999 | Zboroshenko Nikolay Sergeyevich Mytishchi | Protest rally Moscow, 06/10/2018
| Article 19.3 § 1 of CAO
and
Article 20.2 § 6.1 of CAO | 10 days of detention
12 days of detention | Moscow City Court 18/10/2018
Moscow City Court 22/10/2018 | Art. 5 (1) - unlawful detention - on 16-17/10/2018 escorting to and detention in a police station in relation to an offence report compiled on 08/10/2018,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of administrative-offence proceedings | 5,000 | |
18/12/2019 | Vadim Sergeyevich BOYTSOV 1980 | Memorial Human Rights Centre Moscow | Rally against road tax "Platon" Moscow, 27/03/2019 | Article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 12/07/2019 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 3,500 | |
20/12/2019 | Sergey Vasilyevich SAPELNIKOV 1961 | Memorial Human Rights Centre Moscow | Rally against road tax "Platon" Moscow, 27/03/2019 | Article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 26/06/2019 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 3,500 | |
19/12/2019 | Antonina Vladimirovna PERSHUKOVA 1964 | Mezak Ernest Aleksandrovich Saint-Barthélemy d'Anjou | Rally against a waste-plant construction Pomodzino, 07/04/2019 | Article 20.2 § 2 of CAO | fine of RUB 10,000 | Supreme Court of Komi Republic 19/06/2019 |
| 3,500 | |
23/12/2019 | Maksim Vasilyevich AVDEYEV 1988 | Memorial Human Rights Centre Moscow | Rally against road tax "Platon" Moscow, 27/03/2019 | Article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 24/06/2019 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 3,500 | |
23/12/2019 | Leonid Nikolayevich SOKOLOV 1960 | Memorial Human Rights Centre Moscow | Rally against road tax "Platon" Moscow, 27/03/2019 | Article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 24/06/2019 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 3,500 | |
11/01/2020 | Stanislav Vladimirovich GUSEV 1969 | Memorial Human Rights Centre Moscow | Rally against road tax "Platon" Moscow, 27/03/2019 | Article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 12/07/2019 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 3,500 | |
11/01/2020 | Pavel Vasilyevich LISICHKIN 1958 | Memorial Human Rights Centre Moscow | Rally against road tax "Platon" Moscow, 27/03/2019 | Article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 12/07/2019 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 3,500 | |
12/03/2020 | Ilya Aleksandrovich TKACH 1987 | Pomazuyev Aleksandr Yevgenyevich Vilnius | Rally for fair elections to Mosgorduma Moscow, 03/08/2019 | Article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 08/10/2019 | Art. 5 (1) - unlawful detention - on 03/08/2019 escorting to a police station for compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
21/03/2020 | Leonid Vladimirovich MOYZHES 1990 | Mezak Ernest Aleksandrovich Saint-Barthélemy d'Anjou | Rally to support I. Golunov Moscow, 12/06/2019 | Article 20.2 § 6.1 of CAO | fine of RUB 20,000 | Moscow City Court 18/09/2019 | Art. 5 (1) - unlawful detention - on 12/06/2019 escorting to a police station for compiling an offence report (it was compiled on 14/06/2019),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
22/06/2020 | Yevgeniy Georgiyevich BUYANIN 1974 | Memorial Human Rights Centre Moscow | Public assembly Ulan-Ude, 10/09/2019 | Article 20.2 § 5 of CAO | fine of RUB 15,000 | Supreme Court of Buryatia Republic 21/10/2019 |
| 3,500 | |
26/06/2020 | Denis Dmitriyevich YURCHUK 1993 | Memorial Human Rights Centre Moscow | Rally for fair elections to Mosgorduma Moscow, 03/08/2019 | Article 20.2 § 5 of CAO | fine of RUB 15,000 | Moscow City Court 22/11/2019 | Art. 5 (1) - unlawful detention - on 03/08/2019 escorting to a police station for compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
03/07/2020 | Yelena Vladimirovna IVANOVSKAYA 1978 | Memorial Human Rights Centre Moscow | Rally for fair elections to Mosgorduma Moscow, 03/08/2019 | Article 20.2 § 5 of CAO | fine of RUB 12,000 | Moscow City Court 06/11/2019 | Art. 5 (1) - unlawful detention - on 03/08/2019 escorting to a police station for compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
03/07/2020 | Yevgeniy Markovich LISNEVSKIY 1975 | Memorial Human Rights Centre Moscow | Rally for fair elections to Mosgorduma Moscow, 03/08/2019 | Article 20.2 § 5 of CAO | fine of RUB 15,000 | Moscow City Court 22/10/2019 | Art. 5 (1) - unlawful detention - on 03/08/2019 escorting to a police station for compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
03/07/2020 | Petr Aleksandrovich VOLKOV 1981 | Memorial Human Rights Centre Moscow | Rally for fair elections to Mosgorduma Moscow, 03/08/2019 | Article 20.2 § 5 of CAO | fine of RUB 15,000 | Moscow City Court 04/10/2019 | Art. 5 (1) - unlawful detention - on 03/08/2019 escorting to a police station for compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
09/07/2020 | Oksana Arturovna GUSEYNOVA 1970
Artem Leonidovich SAFONOV 1992
| Mezak Ernest Aleksandrovich Saint-Barthélemy d'Anjou | Rally for fair elections to Mosgorduma Moscow, 03/08/2019 | Article 20.2 § 5 of CAO | fine of RUB 15,000 (Guseynova)
fine of RUB 15,000 (Safonov) | Moscow City Court
10/10/2019 (Guseynova)
18/10/2019 (Safonov) | Art. 5 (1) - unlawful detention - on 03/08/2019 escorting both applicants to a police station for compiling offence reports,
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 both applicants | 4,000 to each applicant | |
20/06/2020 | Vladimir Sergeyevich KHRABROV 1995 | Memorial Human Rights Centre Moscow | Rally for fair elections to Mosgorduma Moscow, 03/08/2019 | Article 20.2 § 5 of CAO | fine of RUB 15,000 | Moscow City Court 10/10/2019 | Art. 5 (1) - unlawful detention - on 03/08/2019 escorting to a police station for compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
23/07/2020 | Artem Eduardovich SHURYGIN 1992 | Memorial Human Rights Centre Moscow | Rally for fair elections to Mosgorduma Moscow, 03/08/2019 | Article 20.2 § 5 of CAO | fine of RUB 15,000 | Moscow City Court 12/11/2019 | Art. 5 (1) - unlawful detention - on 03/08/2019 escorting to a police station for compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
14/08/2020 | Leonid Leonidovich SHPAKOV 1975 | Yatsenko Irina Aleksandrovna Moscow | Rally to support I. Golunov Moscow, 12/06/2019 | Article 20.2 § 6.1 of CAO | fine of RUB 10,000 | Moscow City Court 14/11/2019 | Art. 5 (1) - unlawful detention - on 12/06/2019 escorting to a police station for compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
19/08/2020 | Vladimir Olgerdovich SMIRNOV 1982 | Balog Natalya Andreyevna Krasnoyarsk | Rally for fair elections to Mosgorduma Moscow, 03/08/2019 | Article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 20/11/2019 | Art. 5 (1) - unlawful detention - on 03/08/2019 escorting to a police station for compiling an offence report,
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.