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European Court of Human Rights
You are here: BAILII >> Databases >> European Court of Human Rights >> KULVINSKAYA AND OTHERS v. RUSSIA - 28133/21 (Article 11 - Freedom of assembly and association : Third Section Committee) [2024] ECHR 117 (08 February 2024)
URL: http://www.bailii.org/eu/cases/ECHR/2024/117.html
Cite as: [2024] ECHR 117
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THIRD SECTION
CASE OF KULVINSKAYA AND OTHERS v. RUSSIA
(Applications nos. 28133/21 and 22 others -
see appended list)
JUDGMENT
STRASBOURG
8 February 2024
This judgment is final but it may be subject to editorial revision.
In the case of Kulvinskaya 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 18 January 2024,
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 public assemblies. They 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 additional complaints under Article 6 of the Convention concerning other aspects of fairness of the administrative-offence proceedings. In view of the above findings, 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 these applications 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 8 February 2024, 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)
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 / criminal 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] |
17/05/2021 | Natalya Eduardovna KULVINSKAYA 1961 | Anna Yevgenyevna Bochilo Barnaul | Rally "Free Navalnyy"
Barnaul
23/01/2021
Rally "Free Navalnyy"
Barnaul
21/04/2021 | article 20.2 § 6.1 of CAO
article 20.2 § 8 of CAO | fine of RUB 10,000
40 hours of community work | Altai Region Court 17/03/2021
Altai Regional Court 16/06/2021 | 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;
Art. 5 (1) - unlawful detention - 1) escorting to and detention at the police station after compiling an offence report from 23/01/2021 until 24/01/2021; 2) escorting to the police station for compiling an offence report on 21/04/2021 | 4,000 | |
29/07/2021 | Viktor Aleksandrovich NEMYTOV 1982 | Nikolay Sergeyevich Zboroshenko Mytishchi | Rally "Free Navalnyy"
Moscow
02/02/2021
Rally "Free Navalnyy"
Moscow
02/02/2021
Anti-war protest
Moscow
27/02/2022 | article 20.2 § 5 of CAO
article 20.2 § 8 of CAO
article 20.2 § 8 of CAO | fine of RUB 10,000
detention of 30 days
detention of 28 days | Moscow City Court 16/04/2021
Moscow City Court 09/02/2021
Moscow City Court 01/03/2022 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of the administrative-offence proceedings;
Art. 5 (1) - unlawful detention - 1) escorting to the police station on 02/02/2021 for compiling an offence report (twice in one day); 2) escorting to and detention at the police station after compiling an offence report from 27/02/2022 until 28/02/2022;
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentences of administrative detention imposed on the applicant (on two occasions) were executed immediately, on account of the lack of suspensive effect of an appeal under the CAO | 6,000 | |
21/09/2021 | Nikolay Mikhaylovich NOVIKOV 1987 | Nikolay Sergeyevich Zboroshenko Mytishchi | Rally "Free Navalnyy"
Moscow
31/01/2021
Rally "Free Navalnyy"
Moscow
02/02/2021 | article 20.2 § 6.1 of CAO
article 20.2 § 5 of CAO | fine of RUB 10,000
fine of RUB 10,000 | Moscow City Court 29/06/2021
Moscow City Court 25/05/2021 | Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 and 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 both sets of the administrative-offence proceedings
| 4,000 | |
30/09/2021 | Svetlana Valeryevna LOZOVSKAYA 1975 |
| Rally "Free Navalnyy"
Ulan-Ude
23/01/2021
Rally "Free Navalnyy"
Ulan-Ude
31/01/2021 | article 20.2 § 5 of CAO
article 20.2 § 5 of CAO | fine of RUB 15,000
fine of RUB 20,000 | Supreme Court of the Buryatia Republic 05/04/2021
Supreme Court of the Buryatia Republic 12/04/2021 | Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 and 31/01/2021 for compiling offence reports;
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 | 4,000 | |
14/10/2021 | Aleksandr Vladimirovich MASLOV 2000 | Aleksey Sergeyevich Lapuzin Samara | Rally "Free Navalnyy"
Samara
23/01/2021
| article 20.2 § 5 of CAO | fine of RUB 20,000 | Samara Regional Court 15/04/2021 | 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 | |
15/10/2021 | Konstantin Valeryevich NADEIN 1968 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
St Petersburg
23/01/2021
Anti-war protest
St Petersburg 06/03/2022 | article 8.6-1 § 2 of St Petersburg Law on Administrative Offences
article 20.2.2. § 1 of CAO | fine of RUB 4,000
detention of 7 days | Oktyabrskiy District Court of St Petersburg 23/06/2021
St Petersburg City Court 07/04/2022 | Art. 5 (1) - unlawful detention - 1) escorting to the police station on 23/01/2021 for compiling an offence report; 2) escorting to and detention at the police station after compiling an offence report from 06/03/2022 until 07/03/2022;
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 - 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 | |
01/12/2021 | Irina Anatolyevna LEVCHENKO 1964 | Ivan Yuryevich Zhdanov Vilnius | Rally "Free Navalnyy"
Krasnoyarsk
23/01/2021
Rally "Free Navalnyy"
Krasnoyarsk
31/01/2021 | article 20.2 § 5 of CAO
article 20.2 § 5 of CAO | fine of RUB 10,000
fine of RUB 10,000 | Krasnoyarsk Regional Court 08/07/2021
Krasnoyarsk Regional Court 10/06/2021 | 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 both sets of the administrative-offence proceedings
| 4,000 | |
26/11/2021 | Yegor Igorevich VASILCHENKO 2001 | Aleksey Vladimirovich Bushmakov Yekaterinburg | Rally "Free Navalnyy"
Yekaterinburg
30/01/2021 | article 20.2 § 5 of CAO | 20 hours of community work | Sverdlovsk Regional Court 16/06/2021 | Art. 5 (1) - unlawful detention - escorting to the police station on 19/02/2021 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 | |
26/11/2021 | Kirill Mikhaylovich GAVRIKOV 1988 | Aleksey Vladimirovich Bushmakov Yekaterinburg | Women's rights rally
Yekaterinburg
08/03/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Sverdlovsk Regional Court 11/08/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 3,500 | |
26/11/2021 | Aygizar Alfatovich ASFANDIYAROV 1989 | Aleksey Vladimirovich Bushmakov Yekaterinburg | Women's rights rally
Yekaterinburg
08/03/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Sverdlovsk Regional Court 21/07/2021 | Art. 5 (1) - unlawful detention - escorting to the police station on 08/03/2021 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 | |
26/11/2021 | Anna Anatolyevna LUKASHENOK 1990 | Aleksey Vladimirovich Bushmakov Yekaterinburg | Women's rights rally
Yekaterinburg
08/03/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Sverdlovsk Regional Court 27/07/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 3,500 | |
07/12/2021 | Aleksandra Andreyevna KLEVTSOVA 1987 | Yelena Yuryevna Pershakova Moscow | Rally "Free Navalnyy"
Perm
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Perm Regional Court 08/06/2021 | Art. 5 (1) - unlawful detention - escorting to the police station on 28/01/2021 for questioning and 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 | |
02/12/2021 | Mikhail Mikhaylovich BULYGIN 1992 | Aleksey Valeryevich Vlasov Tula | Rally "Free Navalnyy"
Tula
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Tula Regional Court 21/05/2021 (final decision served on the applicant on 02/06/2021) | 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 23/01/2021 for compiling an offence report | 4,000 | |
10/12/2021 | Andrey Vladimirovich KRAYEV 1983 | Andrey Olegovich Valenkov Nizhniy Novgorod | Rally "Free Navalnyy"
Nizhniy Novgorod
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 5,000 | Nizhniy Novgorod Regional Court 17/06/2021 | 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 | |
24/11/2021 | Nikita Aleksandrovich VOVK 2000 | Viktor Valeryevich Kochenkov Izhevsk | Rally "Free Navalnyy"
Izhevsk
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Supreme Court of the Udmurtia Republic 24/05/2021 | 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 | |
26/11/2021 | Maksim Pavlovich BENEKHIN 1994 | 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 27/05/2021 | 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 | |
14/12/2021 | Anna Antonovna ROMANOVA 1995 | Daniil Alekseyevich Polyakov Voronezh | Rally "Free Navalnyy"
Voronezh
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 12,000 | Voronezh Regional Court 15/06/2021 | 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 | |
10/12/2021 | Arina Andreyevna MAKHMUDOVA 1999 | Luiza Magomedovna Magomedova St Petersburg | Rally "Free Navalnyy"
St Petersburg
31/01/2021 | article 20.2.2. § 1 of CAO | fine of RUB 10,000 | St Petersburg City Court 15/06/2021 | 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 | |
18/12/2021 | Daniil Aleksandrovich IVANOV 1995 | Yelena Yuryevna Pershakova Moscow | Rally "Free Navalnyy"
Moscow
02/02/2021 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Moscow City Court 21/06/2021 | 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 | |
12/07/2022 | Yelizaveta Vadimovna KRUPENINA 1994 | Sergey Aleksandrovich Loktev St Petersburg | Anti-war protest
St Petersburg
26/02/2022
Anti-war protest
St Petersburg
28/02/2022 | article 20.2.2. § 1 of CAO
article 20.2.2. § 1 of CAO | fine of RUB 10,000
fine of RUB 10,000 | St Petersburg City Court 12/04/2022
St Petersburg City Court 12/06/2022 | 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;
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 26/02/2022 until 27/02/2022 and from 28/02/2022 until 01/03/2022 | 4,000 | |
16/09/2022 | Oleg Petrovich ORLOV 1953 | Irina Aleksandrovna Yatsenko Moscow | Anti-war protest
Moscow
26/02/2022
Anti-war protest
Moscow
06/03/2022 | article 20.2 § 5 of CAO
article 20.2 § 5 of CAO | fine of RUB 20,000
fine of RUB 20,000 | Moscow City Court 01/07/2022
Moscow City Court 07/07/2022 | Art. 5 (1) - unlawful detention - escorting to the police station on 26/02/2022 and 06/03/2022 for compiling an offence report;
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 | 4,000 | |
30/09/2022 | Aleksandra Vladislavovna KOZICHEVA 1996 | Mariya Sergeyevna Zyryanova St Petersburg | Anti-war protest
St Petersburg
08/03/2022 | article 20.2.2. § 1 of CAO | fine of RUB 10,000 | St Petersburg City Court 31/05/2022 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 08/03/2022 until 09/03/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
| 4,000 | |
13/10/2022 | Aleksandr Anatolyevich STREPETOV 1968 | Nataliya Andreyevna Baranova Moscow | Anti-war protest
St Petersburg
04/03/2022 | article 20.2.2. § 1 of CAO | fine of RUB 15,000 | St Petersburg City Court 14/06/2022 | Art. 5 (1) - unlawful detention - escorting to the police station on 04/03/2022 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.