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European Court of Human Rights
You are here: BAILII >> Databases >> European Court of Human Rights >> SOLOVYEV AND OTHERS v. RUSSIA - 57580/21 (Article 11 - Freedom of assembly and association : Fifth Section Committee) [2024] ECHR 189 (22 February 2024)
URL: http://www.bailii.org/eu/cases/ECHR/2024/189.html
Cite as: [2024] ECHR 189
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FIFTH SECTION
CASE OF SOLOVYEV AND OTHERS v. RUSSIA
(Applications nos. 57580/21 and 18 others -
see appended list)
JUDGMENT
STRASBOURG
22 February 2024
This judgment is final but it may be subject to editorial revision.
In the case of Solovyev and Others v. Russia,
The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:
María Elósegui, President,
Mattias Guyomar,
Kateřina Šimáčková, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 1 February 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. 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 additional complaints under Article 6 of the Convention concerning other aspects of fairness of the administrative-offence proceedings. In view of the findings in the above paragraphs, 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 the facts that took place before 16 September 2022;
- Declares the complaints under Article 11 of the Convention and the other complaints under 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 applications 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 22 February 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina María Elósegui
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] | |
10/11/2021 | German Grigoryevich SOLOVYEV 1993 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Moscow 02/02/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 11/05/2021 | 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 and detention at the police station after compiling an offence report from 10.50 a.m. until 8.00 p.m. on 02/02/2021 | 4,000 | |
18/11/2021 | Artem Nikolayevich KOZLOV 1979 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Moscow 02/02/2021 | article 20.2 § 5 of CAO | fine of RUB 20,000 | Moscow City Court 19/05/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 10.35 a.m. until 6.45 p.m. on 02/02/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
26/10/2021 | Vladimir Georgiyevich MAKAROV 1978 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Kaliningrad 21/04/2021 | article 20.2 § 8 of CAO | detention for 20 days | Kaliningrad Regional Court 29/04/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 8.40 p.m. on 21/04/2021 until 6 p.m. on 22/04/2021;
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 | |
12/11/2021 | Anna Pavlovna YARILINA 1977 | Vasilyev Nikolay Vladimirovich Moscow | Rally "Free Navalnyy"
Moscow 31/01/2021 | article 20.2 § 6.1 of CAO | fine of RUB 10,000 | Moscow City Court 13/05/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 3,500 | |
17/11/2021 | Anton Nikolayevich UKHANOV 1984 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Moscow 02/02/2021 | article 20.2 § 6.1 of CAO | fine of RUB 10,000 | Moscow City Court 17/05/2021 | 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 proceeding | 4,000 | |
19/11/2021 | Nadezhda Vasilyevna PETROVA 1999 | Vasin Vladimir Valeryevich Krasnoyarsk | Rally "Free Navalnyy"
Krasnoyarsk 31/01/2021 | article 20.2 § 5 of CAO | Fine of RUB 10,000 | Krasnoyarsk Regional Court 20/05/2021 |
| 3,500 | |
18/11/2021 | Natalya Valeryevna KOVALEVA 1975 | Antokhin Yevgeniy Vyacheslavovich Moscow | Rally "Free Navalnyy"
Moscow 31/01/2021 | article 20.2 § 6.1 of CAO | fine of RUB 20,000 | Moscow City Court 25/05/2021 | 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 | |
20/01/2022 | Georgiy Yuryevich ANIKUTIN 2001 | Vasin Vladimir Valeryevich Krasnoyarsk | Rally "Free Navalnyy"
Krasnoyarsk 31/01/2021
| article 20.2 § 5 of CAO | fine of RUB 10,000 | Krasnoyarsk Regional Court 22/07/2021 |
| 3,500 | |
10/02/2022 | Aleksandra Vitalyevna SUZDALTSEVA 2000 | Kachanov Roman Yevgenyevich Yekaterinburg | Manifestation in support of Navalnyy
Yekaterinburg 21/04/2021 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Sverdlovsk Regional Court 08/12/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 3,500 | |
11/02/2022 | Mikhail Ivanovich AKSENOV 1983 | Sivoldayev Ilya Vladimirovich Voronezh | Rally "Free Navalnyy"
Voronezh 31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 20,000 | Voronezh Regional Court 11/08/2021 | 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 | |
24/02/2022 | Ivetta Dmitriyevna VLADIMIROVA 2001 | Prosvirkina Kseniya Dmitriyevna Moscow | Rally "Free Navalnyy"
Moscow 02/02/2021 | article 20.2 § 6.1 of CAO | fine of RUB 15,000 | Moscow City Court 21/10/2021 | 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 | |
25/02/2022 | Danila Yuryevich KARPOV 2002 | Vasin Vladimir Valeryevich Krasnoyarsk | Rally "Free Navalnyy"
Krasnoyarsk 23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 20,000 | Krasnoyarsk Regional Court 26/08/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 3,500 | |
05/04/2022 | Aleksandr Viktorovich MISHUK 1989 | Shchukin Andrey Yevgenyevich Nizhniy Tagil | Anti-war protest (against war in Ukraine)
Ekaterinburg 25/02/2022 | article 20.2 § 2 of CAO | detention for 9 days | Sverdlovsk Regional Court 04/03/2022 | 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 25/02/2022 for compiling an offence report
| 5,000 | |
11/06/2022 | Robert Ravilyevich SALAKHUTDINOV 1975 | Protasov Vladimir Yuryevich Yoshkar - Ola | COVID-19 protest (rally against COVID-19 measures)
Volzhsk 20/11/2021 | article 20.2 § 2 of CAO | fine of RUB 10,000 | Mariy El Supreme Court 11/02/2022 |
| 3,500 | |
23/06/2022 | Pavel Dmitriyevich SVEZHAYEV 1998 | Solovyev Leonid Alekseyevich Moscow | Anti-war protest (against war in Ukraine)
Moscow 06/03/2022 | article 20.2 § 8 of CAO | detention for 25 days | Moscow City Court 18/03/2022 | Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report
| 5,000 | |
04/07/2022 | Anastasiya Nikolayevna KOSTINA 1999 | Sirinova Olga Vladimirovna St Petersburg | Anti-war protest (against war in Ukraine)
St Petersburg 02/03/2022 | article 20.2 § 6.1 of CAO | fine of RUB 10,000 | St Petersburg City Court 14/04/2022 | Art. 5 (1) - unlawful detention - escorting to the police station on 02/03/2022 for compiling an offence report
| 4,000 | |
01/07/2022 | Dmitriy Ivanovich PROTASEVICH
| Tiunov Sergey Yuryevich Yekaterinburg | Anti-war protest (against war in Ukraine)
Yekaterinburg 26/02/2022
| article 20.2 § 8 of CAO | detention for 30 days | Sverdlovsk Regional Court 02/03/2022 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
| 5,000 | |
30/07/2022 | Sergey Dmitriyevich YERILIN 1992 | Zaytsev Roman Olegovich Volgograd | Anti-war protest (against the war in Ukraine)
Volgograd 06/03/2022 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Volgograd Regional Court 30/03/2022 | Art. 5 (1) - unlawful detention - escorting to the police station on 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 administrative-offence proceedings
| 4,000 | |
27/08/2022 | Mariya Aleksandrovna TEMNIKOVA 2001 | Vasin Vladimir Valeryevich Krasnoyarsk | Anti-war protest (against the war in Ukraine)
Krasnoyarsk 10/03/2022 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Krasnoyarsk Regional Court 27/04/2022 | Art. 5 (1) - unlawful detention - escorting to the police station on 10/03/2022 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.