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European Court of Human Rights
You are here: BAILII >> Databases >> European Court of Human Rights >> ILYIN AND OTHERS v. RUSSIA - 25863/21 (Article 11 - Freedom of assembly and association : Third Section Committee) [2024] ECHR 240 (21 March 2024)
URL: http://www.bailii.org/eu/cases/ECHR/2024/240.html
Cite as: [2024] ECHR 240
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THIRD SECTION
CASE OF ILYIN AND OTHERS v. RUSSIA
(Applications nos. 25863/21 and 16 others -
see appended list)
JUDGMENT
STRASBOURG
21 March 2024
This judgment is final but it may be subject to editorial revision.
In the case of Ilyin 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 22 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. 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 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 under Article6 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 21 March 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)
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] | |
07/05/2021 | Artur Nikolayevich ILYIN 1991 | Zboroshenko Nikolay Sergeyevich Mytishchi | Rally in support of A. Navalnyy
Moscow
31/01/2021 | article 20.2 § 6.1 of CAO | administrative detention of 15 days | Moscow City Court 05/02/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention between 31/01/2021 and 01/02/2021 as administrative suspect, after the offence record had been compiled: in this and cases below in the table, no evidence/assessment of any "exceptional circumstances" under the CAO,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 5,000 | |
07/05/2021 | Nikolay Vladimirovich ZIMIREV 1984 | Zboroshenko Nikolay Sergeyevich Mytishchi | Rally in support of A. Navalnyy
Moscow
31/01/2021 | article 20.2 § 6.1 of CAO | administrative detention of 10 days | Moscow City Court 05/02/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention between 31/01/2021 and 01/02/2021 as administrative suspect, after the offence record had been compiled,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 5,000 | |
07/05/2021 | Timur Rustemovich ABUSHAYEV 1984 | Zboroshenko Nikolay Sergeyevich Mytishchi | Rally in support of A. Navalnyy
Moscow
31/03/2021 | article 20.2 § 6.1 of CAO | administrative detention of 15 days | Moscow City Court 05/02/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention between 31/01/2021 and 01/02/2021 as administrative suspect, after the offence record had been compiled,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 5,000 | |
07/05/2021 | Sergey Sergeyevich VORONIN 1994 | Zboroshenko Nikolay Sergeyevich Mytishchi | Rally in support of A. Navalnyy
Moscow
31/01/2021 | article 20.2 § 6.1 of CAO | administrative detention for 15 days | Moscow City Court 08/02/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect, after the offence record had been compiled,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 5,000 | |
07/05/2021 | Dmitriy Aleksandrovich LASTOCHKIN 1996 | Zboroshenko Nikolay Sergeyevich Mytishchi | Rally in support of A. Navalnyy
Moscow
31/01/2021 | article 20.2 § 6.1 of CAO | administrative detention of 15 days | Moscow City Court 05/02/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect, after the offence record had been compiled,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 5,000 | |
27/04/2021 | Gleb Igorevich DYNDAR 1996 | Memorial Human Rights Centre Moscow | Rally in support of A. Navalnyy
Moscow
02/02/2021 | article 20.2 § 6.1 of CAO | administrative detention of 13 days | Moscow City Court 08/02/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 03/02/2021 as administrative suspect, after the offence record had been compiled,
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 on 03/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
| 5,000 | |
27/04/2021 | Liliya Fanisovna GALYAVIYEVA 1996 | Memorial Human Rights Centre Moscow | Rally in support of I. Safronov
Moscow
13/07/2020 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 28/10/2020 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 13/07/2020 for the sole purpose of drawing up a record of an administrative offence (such record drawn up on 22/07/2020 only),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
22/04/2021 | Aleksey Vladimirovich CHEPURNOY 1998 | Memorial Human Rights Centre Moscow | Rally against Constitutional amendments
Moscow
15/07/2020 | article 20.2 § 6.1 of CAO | fine of RUB 20,000 | Moscow City Court 22/10/2020 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 15/07/2020 for the sole purpose of drawing a record of administrative offence (such record compiled on 18/07/2020 only),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
22/04/2021 | Mikhail Anderyevich BAYLAKOV 2001 | Memorial Human Rights Centre Moscow | Rally against Constitutional amendments
Moscow
15/07/2020 | article 20.2 § 6.1 of CAO | fine of RUB 10,000 | Moscow City Court 18/11/2020 | Art. 5 (1) - unlawful detention - arrest, escorting to police station and detention on 15/07/2020 for the sole purpose of drawing a record of administrative offence,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
05/05/2021 | Roman Vladimirovich MOROZOV 1975 |
| Rally in support of A. Navalnyy
Vologda
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Vologda Regional Court 31/03/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 3,500 | |
11/05/2021 | Mariya Sergeyevna BUBLIK 1995 | Zboroshenko Nikolay Sergeyevich Mytishchi | Rally in support of A. Navalnyy
Moscow
02/02/2021 | article 20.2 § 6.1 of CAO | administrative detention of 4 days | Moscow City Court 09/02/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 03/02/2021 as administrative suspect, after the offence record had been compiled,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 5,000 | |
07/05/2021 | Artem Aleksandrovich FOMICHEV 1988 | Zboroshenko Nikolay Sergeyevich Mytishchi | Rally in support of A. Navalnyy
Moscow
31/01/2021 | article 20.2 § 6.1 of CAO | administrative detention of 15 days | Moscow City Court 05/02/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect, after the offence record had been compiled,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 5,000 | |
11/05/2021 | Veronika Valeryevna GALIYEVA 2001 | Zboroshenko Nikolay Sergeyevich Mytishchi | Rally in support of A. Navalnyy
Moscow
02/02/2021
| article 20.2 § 6.1 of CAO | administrative detention of 5 days | Moscow City Court 09/02/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 03/02/2021 as administrative suspect, after the offence record had been compiled,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 5,000 | |
30/04/2021
| Aleksey Igorevich MALSKIY 1988 | Memorial Human Rights Centre Moscow | Rally in support of A. Navalnyy
St Petersburg
31/01/2021 | article 20.2 § 6.1 of CAO | administrative detention of 10 days | St Petersburg City Court 04/02/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect, after the offence record had been compiled,
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 on 01/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO | 5,000 | |
30/04/2021 | Tigran Sergeyevich TIGRANYAN 1994 | Memorial Human Rights Centre Moscow | Rally in support of A. Navalnyy
Moscow
31/01/2021 | article 20.2 § 6.1 of CAO | administrative detention of 10 days | Moscow City Court 18/03/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect: no evidence/assessment of any "exceptional circumstances" under the CAO,
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 on 01/02/2021, was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO | 5,000 | |
29/07/2021 | Ivan Pavlovich MOROZOV 1991 | Eysmont Mariya Olegovna Moscow | Rally in support of A. Navalnyy
Moscow
31/01/2021 | article 20.2 § 6.1 of CAO | administrative detention of 3 days | Moscow City Court 05/02/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention between 31/01/2021 and 01/02/2021 as administrative suspect, after the offence record had been compiled,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 5,000 | |
27/10/2022 | Dmitriy Stanislavovich SULATSKOV 2001 | Zboroshenko Nikolay Sergeyevich Mytishchi | Anti-war protest
Moscow
04/03/2022 | article 20.2 § 5 of CAO | fine of RUB 35,000 | Moscow City Court 05/09/2022 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 04/03/2022 for the sole purpose of drawing up a record of administrative offence,
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.