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European Court of Human Rights
You are here: BAILII >> Databases >> European Court of Human Rights >> TARASENKO AND OTHERS v. RUSSIA - 51391/21 (Article 11 - Freedom of assembly and association : Second Section Committee) [2023] ECHR 994 (07 December 2023)
URL: http://www.bailii.org/eu/cases/ECHR/2023/994.html
Cite as: [2023] ECHR 994
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SECOND SECTION
CASE OF TARASENKO AND OTHERS v. RUSSIA
(Applications nos. 51391/21 and 30 others -
see appended list)
JUDGMENT
STRASBOURG
7 December 2023
This judgment is final but it may be subject to editorial revision.
In the case of Tarasenko 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 16 November 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 or participants 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, 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 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.
- REMAINING COMPLAINTS
14. Some applicants raised further complaints under Article 6 of the Convention alleging various aspects of unfairness of the administrative-offence proceedings. In view of the findings in paragraph 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 under Article 6 of the Convention;
- Holds that these complaints disclose a breach 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 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 December 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]
| |
22/09/2021 | Ivan Nikolayevich TARASENKO 1998 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Moscow
02/02/2021 | article 20.2 § 6.1 of CAO | detention of 7 days | Moscow City Court 02/04/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 11.40 p.m. on 02/02/2021 until 2.00 p.m. on 03/02/2021;
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 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO. | 5,000 | |
30/09/2021 | Zakhar Dmitriyevich ALEKSEYEV 2001 | Vladislav Vladimirovich Kosnyrev Syktyvkar | Rally "Free Navalnyy"
Syktyvkar
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Supreme Court of the Komi Republic 31/03/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1.30 p.m. until 6.30 p.m. on 31/01/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
| 4,000 | |
23/09/2021 | Ivan Albertovich OVECHKIN 1985 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Moscow
31/01/2021 | article 20.2 § 6.1 of CAO | detention of 8 days | Moscow City Court 24/03/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 3.45 p.m. on 31/01/2021 until 6.00 p.m. on 01/02/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 5,000 | |
30/09/2021 | Vitaliy Yevgenyevich PASTERYUK 1994 | Vladislav Vladimirovich Kosnyrev Syktyvkar | Rally "Free Navalnyy"
Syktyvkar
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 5,000 | Supreme Court of the Komi Republic 31/03/2021 | Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 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 | |
28/09/2021 | Maksim Olegovich SPICHAK 1987 | Aleksandr Vasilyevich Popkov Sochi | Rally "Free Navalnyy"
Sochi
23/01/2021 | article 20.2 § 6.1 of CAO | fine of RUB 10,000 | Krasnodar Regional Court 31/03/2021 | Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 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 | |
28/09/2021 | Aleksey Gennadiyevich CHELMAKIN 1977 | Aleksandr Vasilyevich Popkov Sochi | Rally "Free Navalnyy"
Sochi
23/01/2021 | article 20.2 § 6.1 of CAO | detention of 5 days | Krasnodar Regional Court 31/03/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 3.00 p.m. on 23/01/2021 until 4.00 a.m. on 24/01/2021;
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 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO. | 5,000 | |
28/09/2021 | Anna Yuryevna PRIDACHINA 1992 | Aleksandr Vasilyevich Popkov Sochi | Rally "Free Navalnyy"
Sochi
23/01/2021 | article 20.2 § 6.1 of CAO | fine of RUB 10,000 | Krasnodar Regional Court 31/03/2021 | Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 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 | |
28/09/2021 | Karen Sergeyevich LOBYAN 1998 | Aleksandr Vasilyevich Popkov Sochi | Rally "Free Navalnyy"
Sochi
23/01/2021 | article 20.2 § 6.1 of CAO | fine of RUB 15,000 | Krasnodar Regional Court 31/03/2021 | Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 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 | |
13/10/2021 | Petr Alekseyevich GOLIKOV 1994 | Yelena Yuryevna Pershakova Moscow | Rally "Free Navalnyy"
Moscow
31/01/2021 | article 20.2 § 6.1 of CAO | fine of RUB 15,000 | Moscow City Court 14/04/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 2.20 p.m. on 31/01/2021 until 1.11 a.m. on 01/02/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
30/09/2021 | Aleksey Aleksandrovich MICHURIN 1987 | Aleksandr Vasilyevich Popkov Sochi | Rally "Free Navalnyy"
Sochi
23/01/2021 | article 20.2 § 6.1 of CAO | fine of RUB 10,000 | Krasnodar Regional Court 31/03/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 4.00 p.m. on 23/01/2021 until 6.30 a.m. on 24/01/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 4,000 | |
11/10/2021 | Valentina Nikolayevna PETROVA 1971 | Tatyana Georgiyevna Martynova Pskov | Rally "Free Navalnyy"
Pskov
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Pskov Regional Court 12/04/2021 | Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 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 | |
07/10/2021 | Klim Sergeyevich MURATOV 1986 | Olimpiada Valentinovna Usanova Nizhniy Novgorod | Rally "Free Navalnyy"
Nizhniy Novgorod
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Nizhniy Novgorod Regional Court 20/05/2021 | Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 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 | |
01/10/2021 | Gelnara Rafikovna SAKHABIYEVA 1971 | Danil Ilnurovich Nurgaleyev Kazan | Rally "Free Navalnyy"
Kazan
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Supreme Court of the Tatarstan Republic 14/04/2021 |
| 3,500 | |
11/10/2021 | Ivan Dmitriyevich DOROZHKIN 1987 | Tatyana Georgiyevna Martynova Pskov | Rally "Free Navalnyy"
Pskov
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Pskov Regional Court 12/04/2021 | Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 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 | |
10/10/2021 | Anna Vladimirovna NIKOLAYEVA 1975 | Memorial Human Rights Centre Moscow | Rally against tree felling
Moscow
27/12/2020 | article 20.2 § 6.1 of CAO | fine of RUB 10,000 | Moscow City Court 12/04/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 2.30 p.m. on 27/12/2020 until 2.30 a.m. on 29/12/2020;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
05/08/2021 | Khristina Dzhonson RAMIRES 1990 | Aleksey Viktorovich Tsvetkov Vladimir | Rally to ensure access of doctors to Mr A. Navalnyy in detention
Pokrov
06/04/2021 | article 20.2.2 § 3 of CAO | detention of 10 days | Vladimir Regional Court 14/04/2021 | Art. 5 (1) - unlawful detention - escorting to the police station on 07/04/2021 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;
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO. | 5,000 | |
05/08/2021 | Olga Ivanovna SHASHKOVA 1959 | Aleksey Viktorovich Tsvetkov Vladimir | Rally to ensure access of doctors to Mr A. Navalnyy in detention
Pokrov
06/04/2021
| article 20.2.2 § 3 of CAO | 20 hours of community work | Vladimir Regional Court 15/06/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 3,500 | |
30/09/2021 | Andrey Markovich SOROCHKIN 1962 | Olimpiada Valentinovna Usanova Nizhniy Novgorod | Rally "Free Navalnyy"
Nizhniy Novgorod
31/01/2021 | article 20.2 § 2 of CAO | fine of RUB 30,000 | Nizhniy Novgorod Regional Court 07/04/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 12.15 p.m. on 31/01/2021 until 7 p.m. on 01/02/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 4,000 | |
09/10/2021 | Dmitriy Erikovich IONOV 1987 | Anna Yevgenyevna Bochilo Barnaul | Rally "Free Navalnyy"
Moscow
02/02/2021 | article 20.2 § 5 of CAO | fine of RUB 20,000 | Moscow City Court 25/05/2021 | Art. 5 (1) - unlawful detention - escorting to the police station on 02/02/2021 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 | |
01/10/2021 | Ilnur Rafisovich FATKHULLIN 2002 | Danil Ilnurovich Nurgaleyev Kazan | Rally "Free Navalnyy"
Kazan
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Supreme Court of the Tatarstan Republic 28/04/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 3,500 | |
01/10/2021 | Ayrat Rustemovich KHALILULLIN 1996 | Danil Ilnurovich Nurgaleyev Kazan | Rally "Free Navalnyy"
Kazan
31/01/2021
| article 20.2 § 5 of CAO | fine of RUB 11,000 | Supreme Court of the Tatarstan Republic 05/05/2021 |
| 3,500 | |
01/10/2021 | Ramil Rustamovich KHAYRUTDINOV 1975 | Danil Ilnurovich Nurgaleyev Kazan | Rally "Free Navalnyy"
Kazan
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Supreme Court of the Tatarstan Republic 05/05/2021 |
| 3,500 | |
01/10/2021 | Dinar Miyassarovich YUNUSOV 1993 | Danil Ilnurovich Nurgaleyev Kazan | Rally "Free Navalnyy"
Kazan
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Supreme Court of the Tatarstan Republic 05/05/2021 |
| 3,500 | |
01/10/2021 | Pavel Vitalyevich YELKOV 2001 | Danil Ilnurovich Nurgaleyev Kazan | Rally "Free Navalnyy"
Kazan
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Supreme Court of the Tatarstan Republic 07/04/2021 |
| 3,500 | |
01/10/2021 | Anna Vitalyevna MINIKAYEVA 1993 | Danil Ilnurovich Nurgaleyev Kazan | Rally "Free Navalnyy"
Kazan
31/01/2021
| article 20.2 § 5 of CAO | fine of RUB 10,000 | Supreme Court of the Tatarstan Republic 07/04/2021 |
| 3,500 | |
01/10/2021 | Kamilya Danilovna ZIATDINOVA 1997 | Danil Ilnurovich Nurgaleyev Kazan | Rally "Free Navalnyy"
Kazan
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Supreme Court of the Tatarstan Republic 07/04/2021 |
| 3,500 | |
01/10/2021 | Timur Kakhramanovich ABDURAKHMANOV 1990 | Danil Ilnurovich Nurgaleyev Kazan | Rally "Free Navalnyy"
Kazan
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Supreme Court of the Tatarstan Republic 07/04/2021 |
| 3,500 | |
14/10/2021 | Yegor Igorevich PETROV 1996 | Aleksey Sergeyevich Lapuzin Samara | Rally "Free Navalnyy"
Samara
21/04/2021 | article 20.2 § 8 of CAO | detention of 28 days | Samara Regional Court 28/04/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 5 (1) - unlawful detention - escorting to the police station on 21/04/2021 for compiling an offence report | 6,000 | |
15/10/2021 | Sergey Olegovich BORISOV 1998 | Olimpiada Valentinovna Usanova Nizhniy Novgorod | Rally "Free Navalnyy"
Nizhniy Novgorod
31/01/2021
| article 20.2 § 6.1 of CAO | fine of RUB 10,000 | Nizhniy Novgorod Regional Court 15/04/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 12.20 p.m. on 31/01/2021 until 2.40 p.m. on 01/02/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 4,000 | |
22/10/2021 | Timur Agilyevich MAMEDOV 1999 | Aleksey Alekseyevich Vasilyev Moscow | Rally "Free Navalnyy"
Moscow
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 20,000 | Moscow City Court 22/04/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings . | 3,500 | |
14/10/2021 | Nikolay Valeryevich SEROV 1999 | Olimpiada Valentinovna Usanova Nizhniy Novgorod | Rally "Free Navalnyy"
Nizhniy Novgorod
31/01/2021 | article 20.2 § 6.1 of CAO | fine of RUB 10,000 | Nizhniy Novgorod Regional Court 15/04/2021 | Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 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.