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European Court of Human Rights
You are here: BAILII >> Databases >> European Court of Human Rights >> KAMENTSEV AND OTHERS v. RUSSIA - 41806/21 (Article 11 - Freedom of assembly and association : Fourth Section Committee) [2024] ECHR 262 (28 March 2024)
URL: http://www.bailii.org/eu/cases/ECHR/2024/262.html
Cite as: [2024] ECHR 262
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FOURTH SECTION
CASE OF KAMENTSEV AND OTHERS v. RUSSIA
(Applications nos. 41806/21 and 19 others -
see appended list)
JUDGMENT
STRASBOURG
28 March 2024
This judgment is final but it may be subject to editorial revision.
In the case of Kamentsev and Others v. Russia,
The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:
Branko Lubarda, President,
Armen Harutyunyan,
Ana Maria Guerra Martins, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 7 March 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, 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 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; and 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).
- 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 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 applications disclose a breach of Article 11 of the Convention;
- Holds that there has been a violation of the Convention 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 28 March 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Branko Lubarda
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] | |
02/08/2021 | Anton Vladimirovich KAMENTSEV 1991 | Pomazuyev Aleksandr Yevgenyevich Vilnius | Rally "Free Navalnyy"
Rostov-on-Don 31/01/2021 | article 19.3 § 1 of CAO | detention for 3 days | Rostov Regional Court 25/02/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 2 p.m. on 31/01/2021 until 10.20 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. | 5,000 | |
02/08/2021 | Anton Aleksandrovich OSIPENKO 2001 | Pomazuyev Aleksandr Yevgenyevich Vilnius | Rally "Free Navalnyy"
Voronezh 31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 20,000 | Voronezh Regional Court 25/02/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 3,500 | |
10/09/2021 | Dmitriy Aleksandrovich SOLOMONIDIN 1996 | Pomazuyev Aleksandr Yevgenyevich Vilnius | Rally "Free Navalnyy"
Penza 23/01/2021 | article 20.2 § 5 of CAO | 30 hours of community work | Penza Regional Court 18/03/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 3,500 | |
04/09/2021 | Damir Maratovich GILYAZOV 1984 | Zboroshenko Nikolay Sergeyevich Mytishchi | Political rally
Moscow 31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Moscow City Court 03/06/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 3,500 | |
04/09/2021 | Daniil Olegovich LYUBOV 1999 | Zboroshenko Nikolay Sergeyevich Mytishchi | Political rally
Moscow 31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Moscow City Court 03/06/2021 | Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 12.40 p.m. until 3.40 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 | |
24/09/2021 | Grigoriy Viktorovich NEDAYEV 1995 | Zhdanov Ivan Yuryevich Vilnius | Rally "Free Navalnyy"
Moscow 31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 30/03/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.50 a.m. until 8 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 | |
24/09/2021 | Andrey Alekseyevich BADYANOV 1996 | Pomazuyev Aleksandr Yevgenyevich Vilnius | Rally "Free Navalnyy"
Omsk 31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Omsk Regional Court 06/04/2021 | Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report 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 | |
24/09/2021 | Anna Aleksandrovna LUGOVAYA 1983 | Pomazuyev Aleksandr Yevgenyevich Vilnius | Rally "Free Navalnyy"
Kaliningrad 31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 17,000 | Kaliningrad Regional Court 30/03/2021 | Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 12.45 a.m. to 4.45 p.m. on 31/01/2021. | 4,000 | |
01/10/2021 | Igor Vladimirovich DIL 2000 | Zhdanov Ivan Yuryevich Vilnius | Rally "Free Navalnyy"
Moscow 02/02/2021 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Moscow City Court 06/04/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.30 p.m. on 02/02/2021 until 6 a.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. | 4,000 | |
08/10/2021 | Marina Dmitriyevna GAYEVA 2000 | Pomazuyev Aleksandr Yevgenyevich Vilnius | Rally "Free Navalnyy"
Omsk 31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Omsk Regional Court 13/04/2021 | Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 2.30 p.m. until 5 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 | |
15/10/2021 | Yuliya Ivanovna ZHILYAKOVA 1963 | Zhdanov Ivan Yuryevich Vilnius | Rally "Free Navalnyy"
Staryy Oskol, Belgorod Region
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Belgorod Regional Court 19/04/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.45 p.m. to 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 | |
29/09/2021 | Andrey Aleksandrovich DEMYANOV 1980 | Aksenova Darya Dmitriyevna Kolomna | 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 for compiling an offence report 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 | |
15/10/2021 | Valeriy Igorevich BUSAROV 1985 | Zboroshenko Nikolay Sergeyevich Mytishchi | Rally to support Sergey Furgal and Nikolay Platoshkin
Moscow 25/07/2020 | article 20.2 § 5 of CAO | fine of RUB 20,000 | Moscow City 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. | 3,500 | |
15/10/2021 | Viktor Sergeyevich MALEYEV 1987 | Zboroshenko Nikolay Sergeyevich Mytishchi | 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 for compiling an offence report from 12 p.m. until 4.30 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 | |
29/10/2021 | Aleksandr Tarasovich ZAGIBALOV 1988 | Zhdanov Ivan Yuryevich Vilnius | Rally "Free Navalnyy"
Irkutsk 31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Irkutsk Regional Court 12/05/2021 | Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report 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 | |
29/10/2021 | Tatyana Yuryevna MOKIYENKO 1953 | Zhdanov Ivan Yuryevich Vilnius | Rally "Free Navalnyy"
St Petersburg 31/01/2021 | article 20.2 § 6.1 of CAO | fine of RUB 10,000 | St Petersburg City Court 11/05/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.30 p.m. until 11 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 | |
29/10/2021 | Sergey Valentinovich GLYADYAYEV 1973 | Zhdanov Ivan Yuryevich Vilnius | Rally "Free Navalnyy"
Omsk 23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Omsk Regional 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. | 3,500 | |
29/10/2021 | Aleksandr Sergeyevich TEREBKOV 1985 | Zhdanov Ivan Yuryevich Vilnius | Rally "Free Navalnyy"
Omsk 31/01/2021
| article 20.2 § 5 of CAO | fine of RUB 10,000 | Omsk Regional 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. | 3,500 | |
29/10/2021 | Vladislav Vladimirovich KUZMIN 1993 | Zhdanov Ivan Yuryevich Vilnius | Rally "Free Navalnyy"
Yekaterinburg 31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Sverdlovsk Regional Court 11/05/2021 | Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report 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 | |
29/10/2021 | Aleksey Gennadyevich SEMENOV 1988 | Zhdanov Ivan Yuryevich Vilnius | Rally "Free Navalnyy"
Yaroslavl 31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Yaroslavl Regional Court 11/05/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1.45 p.m. until 6 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 |
[1] Plus any tax that may be chargeable to the applicants.