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European Court of Human Rights
You are here: BAILII >> Databases >> European Court of Human Rights >> ZHUKOVETS AND OTHERS v. RUSSIA - 21782/21 (Article 11 - Freedom of assembly and association : Fourth Section Committee) [2024] ECHR 275 (28 March 2024)
URL: http://www.bailii.org/eu/cases/ECHR/2024/275.html
Cite as: [2024] ECHR 275
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FOURTH SECTION
CASE OF ZHUKOVETS AND OTHERS v. RUSSIA
(Applications nos. 21782/21 and 18 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 Zhukovets 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. 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); Novikova and Others v. Russia, nos. 25501/07 and 4 others, 26 April 2016, concerning disproportionate measures against solo demonstrators; 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 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 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 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] | |
02/04/2021 | Anton Alekseyevich ZHUKOVETS 1996 | Ivanets Vyacheslav Sergeyevich Tbilisi, Georgia | Rally "Free Navalnyy"
Irkutsk 23/01/2021 | article 20.2 § 2 of CAO | detention for 10 days | Irkutsk Regional Court 28/01/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 5,000 | |
23/05/2021 | Arkadiy Vasilyevich TRIFONOV 1966 | Bochilo Anna Yevgenyevna 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 § 6.1 of CAO | fine of RUB 10,000
40 hours of community work | Altai Regional Court 17/03/2021
Altay Regional Court 10/06/2021 | Art. 5 (1) - unlawful deprivation of liberty - escorting to and detention at the police station for compiling an offence record between 3:00 p.m. on 23/01/2021 and the afternoon of 24/01/2021; escorting to the police station for compiling an offence record on 21/04/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of administrative proceedings (concerning the events of 23/01/2021 and 21/04/2021)
| 5,000 | |
20/06/2021 | Maksimilian Vitalyevich FEDYUNIN 1979 | Bochilo Anna Yevgenyevna Barnaul | Rally "Free Navalnyy"
Lipetsk 23/01/2021
Rally "Free Navalnyy"
Lipetsk 21/04/2021 | article 20.2 § 5 of CAO
article 20.2 § 5 of CAO | fine of RUB 10,000
fine of RUB 75,000 | Lipetsk Regional Court 11/03/2021
Lipetsk Regional Court 27/05/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record on 23/01/2021; escorting to and detention at the police station for compiling an offence record between 8:05 p.m. on 21/04/2021 and 1:45 p.m. on 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 - in both sets of administrative proceedings (concerning the events of 23/01/2021 and 21/04/2021) | 5,000 | |
12/08/2021 | Valeriya Dmitriyevna DELINA 2000 | Glukhov Aleksey Vladimirovich Novocheboksarsk | Rally "Free Navalnyy"
Cheboksary 23/01/2021
Rally "Free Navalnyy"
Cheboksary 21/04/2021 | article 20.2 § 5 of CAO
article 20.2 § 8 of CAO | fine of RUB 10,000
40 hours of community work | Supreme Court of the Republic of Chuvashia 25/03/2021
Supreme Court of the Republic of Chuvashia 24/06/2021 | Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record on 04/06/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of administrative proceedings
| 5,000 | |
07/09/2021 | Irina Kimovna OGANESYAN 1959 | Aksenova Darya Dmitriyevna Kolomna | Rally "Free Navalnyy"
Moscow 23/01/2021 | article 20.2 § 6.1 of CAO | fine of RUB 15,000 | Moscow City Court 10/03/2021 | Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record on 23/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
| 4,000 | |
22/09/2021 | Anton Sergeyevich FILIPPOV 1988 | Bochilo Anna Yevgenyevna Barnaul | Rally "Free Navalnyy"
Moscow 31/01/2021
Anti-war rally
Moscow 24/02/2022 | article 20.2 § 6.1 of CAO
article 20.2 § 8 of CAO | fine of RUB 10,000
detention for 30 days | Moscow City Court 26/03/2021
Moscow City Court 14/03/2022 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 3:30 p.m. on 31/01/2021 and 4:00 p.m. on 01/02/2021; escorting to and detention at the police station for compiling an offence record between 8:30 p.m. on 24/02/2022 and 7:10 a.m. on 25/02/2022;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of administrative proceedings (concerning the events of 31/01/2021 and 24/02/2022)
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 / Tushinskiy District Court of Moscow 25/02/2022 | 5,000 | |
24/09/2021 | Andrey Anatolyevich ISAKOV 1959 | Kosnyrev Vladislav Vladimirovich 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 24/03/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 1:30 p.m. and 9:30 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 | Olga Alekseyevna ZENINA 1952 | Gak Irina Vladimirovna Rostov-on-Don | Rally "Free Navalnyy"
Rostov-on-Don 31/01/2021 | article 20.2 § 6.1 of CAO | fine of RUB 10,000 | Rostov Regional Court 30/03/2021 | Art. 5 (1) - unlawful deprivation of liberty - escorting to and detention at the police station for compiling an offence record between 1:00 p.m. and 6:00 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 | |
20/10/2021 | Yevgeniy Vladimirovich NEVECHERYA 1978 | Dimitriyev Dmitriy Sergeyevich Orenburg | Rally "Free Navalnyy"
Orenburg 31/01/2021 | article 20.2 § 5 of CAO | fine for RUB 10,000 | Orenburg Regional Court 20/04/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 1:45 p.m. and 5:30 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 | |
26/11/2021 | Konstantin Viktorovich KISELEV 1963 | Bushmakov Aleksey Vladimirovich Yekaterinburg | Rally "Free Navalnyy"
Yekaterinburg 23/01/2021
Rally "Free Navalnyy"
Yekaterinburg 31/01/2021 | article 20.2 § 5 of CAO
article 20.2 § 5 of CAO | fine of RUB 15,000
fine of RUB 15,000 | Sverdlovsk Regional Court 24/06/2021
Sverdlovsk Regional Court 16/06/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of administrative proceedings (concerning the events of 23/01/2021 and 31/01/2021) | 3,500 | |
15/01/2022 | Darya Aleksandrovna BELYAYEVA 1991 | Kachanov Roman Yevgenyevich Yekaterinburg | Rally against police abuse
Yekaterinburg 23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Sverdlovsk Regional Court 18/08/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 3,500 | |
16/02/2022 | Konstantin Leonidovich MIKHAYLOV 1996 | Kochenkov Viktor Valeryevich Izhevsk | Rally "Free Navalnyy"
Izhevsk 31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Supreme Court of the Republic of Udmurtia 16/08/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 08:00 p.m. and 11:40 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 | |
18/01/2022 | Aleksey Sergeyevich STERKHOV 1980 | Kochenkov Viktor Valeryevich Izhevsk | Rally "Free Navalnyy"
Izhevsk 31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Supreme Court of the Republic of Udmurtia 19/07/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 12:30 p.m. and 5:10 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 | |
(8 applicants) | Vladislav Vitalyevich ARINICHEV 1993 Aleksandr Denisovich BEZRUCHKIN 2000
Timofey Aleksandrovich DANILOV 1998
Pavel Alekseyevich GLAZKOV 1975
Stanislav Yuryevich KARMAKSKIKH 1986
Petr Andreyevich SAMSONOV 1990
Aleksandr Nikolayevich SHRAMKOV 1965
Denis Sergeyevich SKUDAYEV 1981
| Baranova Natalya Andreyevna Moscow | Mr Arinichev: anti-war protest
Moscow 08/03/2022
Mr Bezruchkin: anti-war protest
Moscow 11/03/2021
Mr Danilov: anti-war protest
Yaroslavl 06/03/2022
Mr Glazkov: anti-war protest
Moscow 13/03/2022
Mr Karmakskikh: anti-war protest
Tomsk 06/03/2022
Mr Samsonov: anti-war protest
Tomsk 06/03/2022
Mr Shramkov: anti-war protest
Volokonovka 14/03/2022
Mr Skudayev: anti-war protest
Perm 06/03/2022
| article 20.3.3 § 1 of CAO
article 20.3.3 § 1 of CAO
article 20.3.3 § 1 of CAO
article 20.3.3 § 1 of CAO
article 20.3.3 § 1 of CAO
article 20.3.3 § 1 of CAO
article 20.3.3 § 1 of CAO
article 20.3.3 § 1 of CAO | fine of RUB 50,000
fine of RUB 50,000
fine of RUB 30,000
fine of RUB 50,000
fine of RUB 45,000
fine of RUB 30,000
fine of RUB 40,000
fine of RUB 30,000
| Moscow City Court 11/05/2022
Moscow City Court 17/05/2022
Yaroslavl Regional Court 19/05/2022
Moscow City Court 26/04/2022
Tomsk Regional Court 08/04/2022
Tomsk Regional Court 08/04/2022
Belgorod Regional Court 23/05/2022
Perm Regional Court 26/05/2022
|
| 4,000, to each of the applicants | |
17/05/2022 | Marina Pal SINGKH 1997 | Fazulyanov Oleg Borisovich St Petersburg | Photo session to protest violence against women St Petersburg 25/11/2021
Anti-war rally
St Petersburg 24/02/2022 | article 20.2 § 2 of CAO
article 20.2.2 § 1 of CAO | fine of RUB 20,000
detention for 15 days | St Petersburg City Court 18/01/2022
St Petersburg City Court 05/04/2022 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 8:50 p.m. on 25/11/2021 and 5:00 p.m. on 27/11/2021; between 9:50 p.m. on 24/02/2022 and 5:15 a.m. on 25/02/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in both sets of administrative proceedings (concerning the events of 25/11/2021 and 24/02/2022) | 5,000 | |
22/07/2022 | Konstantin Vitalyevich MIKHAYLOV 1987 | Kosheleva Inna Viktorovna Kirov | Opposition rally
Kirov 03/02/2022 | article 20.2 § 2 of CAO | fine of RUB 20,000 | Kirov Regional Court 06/04/2022 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 3,500 | |
29/07/2022 | Artem Aleksandrovich SHCHELOKOV 1988 | Bannikov Ruslan Yuryevich Voronezh | Anti-war protest
Voronezh 24/02/2022 | article 20.2 § 8 of CAO | detention for 1 day | Voronezh Regional Court 07/04/2022 | Art. 10 (1) - disproportionate measures against solo demonstrators - on 06/03/2022 in Voronezh / solo protest against war in Ukraine / article 20.3.3 § 1 of CAO / fine of RUB 30,000 / 06/07/2022 by the Voronezh Regional Court,
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 8:00 p.m. on 24/02/2022 and his transfer to court next day, on 25/02/2022; escorting to the police station for compiling an offence record on 06/03/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of the proceedings
| 5,000 | |
10/08/2022 | Vladislav Valeryevich BATALOV 1998 | Dadayeva Yekaterina Viktorovna St Petersburg | Anti-war protest
St Petersburg 02/04/2022 | article 20.2 § 6.1 of CAO | detention for 10 days | St Petersburg City Court 11/04/2022 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 2:30 p.m. and 11:02 p.m. on 02/04/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
| 5,000 | |
10/08/2022 | Aleksandr Sergeyevich OREKHOV 1997 | Dadayeva Yekaterina Viktorovna St Petersburg | Anti-war rally
St Petersburg 02/04/2022 | article 20.2 § 6.1 of CAO | detention for 10 days | St Petersburg City Court 11/04/2022 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 2:40 p.m. and 11:43 p.m. on 02/04/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 5,000 |
[1] Plus any tax that may be chargeable to the applicants.