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European Court of Human Rights
You are here: BAILII >> Databases >> European Court of Human Rights >> ANTROPOV AND OTHERS v. RUSSIA - 1434/18 (Article 11 - Freedom of assembly and association : Third Section Committee) [2024] ECHR 370 (25 April 2024)
URL: http://www.bailii.org/eu/cases/ECHR/2024/370.html
Cite as: [2024] ECHR 370
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THIRD SECTION
CASE OF ANTROPOV AND OTHERS v. RUSSIA
(Applications nos. 1434/18 and 29 others -
see appended list)
JUDGMENT
STRASBOURG
25 April 2024
This judgment is final but it may be subject to editorial revision.
In the case of Antropov 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 4 April 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. Some applicants also referred to Article 10 of the Convention. The Court will examine the complaints under 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; 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 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 25 April 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 per applicant (in euros)[1] | |
06/12/2017 | Andrey Mikhaylovich ANTROPOV 1981 | Zhdanov Ivan Yuryevich Vilnius | Anti-corruption rally
Nizhniy Tagil
26/03/2017 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Sverdlovsk Regional Court 06/06/2017 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 3,500 | |
10/02/2020 | Alena Aleksandrovna YURCHENKO 1996 |
| Rally in support of I. Golunov
Moscow
12/06/2019 | article 20.2 § 6.1 of CAO | fine of RUB 10,000 | Moscow City Court 20/08/2019 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 12/06/2021 for the sole purpose of drawing up an administrative-offence record (such record only drawn up on 18/06/2019)
| 4,000 | |
07/05/2021 | Alsu Mansurovna AKHMETOVA 1989 | Shagiyeva Regina Ilgizovna Leninigorsk | Rally in support of A. Navalnyy
Naberezhnye Chelny
23/01/2021
| article 20.2 § 5 of CAO | fine of RUB 10,000 | Supreme Court of the Tatarstan Republic 03/03/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 23/01/2021 for the sole purpose of drawing a record of administrative offence (such record compiled on 27/01/2021) | 4,000 | |
07/05/2021 | Yekaterina Vitalyevna SAKALAVICHYS 1988 | Shagiyeva Regina Ilgizovna Leninigorsk | Rally in support of A. Navalnyy
Naberezhnye Chelny
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Supreme Court of the Tatarstan Republic 03/03/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 23/01/2021 for the sole purpose of drawing a record of administrative offence | 4,000 | |
07/05/2021 | Neonila Nikolayevna PAVSKAYA 1992 | Shagiyeva Regina Ilgizovna Leninigorsk | Rally in support of A. Navalnyy
Naberezhnye Chelny
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Supreme Court of the Tatarstan Republic 10/03/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 23/01/2021 for the sole purpose of drawing a record of administrative offence (such record compiled on 24/01/2021) | 4,000 | |
07/05/2021 | Lyubov Sergeyevna TETERINA 1984 | Shagiyeva Regina Ilgizovna Leninigorsk | Rally in support of A. Navalnyy
Naberezhnye Chelny
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Supreme Court of the Tatarstan Republic 03/03/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 23/01/2021 for the sole purpose of drawing a record of administrative offence | 4,000 | |
07/05/2021 | Aydar Almazovich GABDULLIN 1987 | Shagiyeva Regina Ilgizovna Leninigorsk | Rally in support of A. Navalnyy
Naberezhnye Chelny
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Supreme Court of the Tatarstan Republic 10/03/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 23/01/2021 for the sole purpose of drawing a record of administrative offence (such record compiled on 24/01/2021) | 4,000 | |
07/05/2021 | Yelena Igorevna KOVSHOVA
| Shagiyeva Regina Ilgizovna Leninigorsk | Rally in support of A. Navalnyy
Naberezhnye Chelny
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Supreme Court of the Tatarstan Republic 03/03/2021 | Art. 5 (1) - unlawful detention- arrest, escorting to a police station and detention on 23/01/2021 for the sole purpose of drawing a record of administrative offence | 4,000 | |
07/05/2021 | Polina Ildarovna ABRAROVA 2001 | Shagiyeva Regina Ilgizovna Leninigorsk | Rally in support of A. Navalnyy
Naberezhnye Chelny
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Supreme Court of the Tatarstan Republic 10/03/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial, after the offence record had been compiled | 4,000 | |
22/05/2021 | Yelizaveta STERLIGOVA 1997 | Gilmanov Mansur Idrisovich Podolsk | Event in support of LGBT community
Moscow
07/10/2020 | article 20.2 § 5 of CAO | fine of RUB 13,000 | Moscow City Court 18/02/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 07/10/2020 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 | |
18/05/2021 | Vasiliy Alekseyevich KRESTYANINOV 1997 | Gilmanov Mansur Idrisovich Podolsk | Event in support of LGBT community
Moscow
07/10/2020 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Moscow City Court 18/02/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 07/10/2020 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 | |
15/05/2021 | Darya Sergeyevna SHUVALOVA 2001 | Gilmanov Mansur Idrisovich Podolsk | Rally against constitutional amendments
Moscow
15/07/2020 | article 20.2 § 6.1 of CAO | fine of RUB 10,000 | Moscow City Court 16/11/2020 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 15/07/2020 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 | |
15/05/2021 | Vitaliy Aleksandrovich PETRENKO 1983 | Gilmanov Mansur Idrisovich Podolsk | Rally against the constitutional amendments
Moscow
15/07/2020 | article 20.2 § 6.1 of CAO | fine of RUB 10,000 | Moscow City Court 16/11/2020 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 15/07/2020 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 | |
15/05/2021 | Dmitriy Nikitich GOLIK 1983 | Gilmanov Mansur Idrisovich Podolsk | Rally against the constitutional amendments
Moscow
15/07/2020 | article 20.2 § 6.1 of CAO | fine of RUB 10,000 | Moscow City Court 16/11/2020 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 15/07/2020 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 | |
15/05/2021 | Nikolay Alekseyevich OZHERELYEV 1990 | Gilmanov Mansur Idrisovich Podolsk | Rally against the 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 a police station and detention on 15/07/2020 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 | |
15/05/2021 | Daniil Yevgenyevich ROTAR 1993 | Gilmanov Mansur Idrisovich Podolsk | Rally against constitutional amendments
Moscow
15/07/2020 | article 20.2 § 6.1 of CAO | fine of RUB 10,000 | Moscow City Court 16/11/2020 | Art. 5 (1) - unlawful detention- arrest, escorting to a police station and detention on 15/07/2020 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 | |
18/05/2021 | Aleksey Sergeyevich TYURIN 1999 | Gilmanov Mansur Idrisovich Podolsk | 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 a police station and detention on 15/07/2020 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 | |
15/05/2021 | Ramis Ryazhyabovich KHISYAMETDINOV 1993 | Gilmanov Mansur Idrisovich Podolsk | Rally against constitutional amendments
Moscow
15/07/2020 | article 20.2 § 6.1 of CAO | fine of RUB 10,000 | Moscow City Court 16/11/2020 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 15/07/2020 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 | |
07/06/2021 | Denis Nikolayevich BALASHOV 1992 | 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 15 days | Moscow City Court 05/02/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 31/01/2021 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,
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 | |
09/06/2021 | Daniil Vadimovich DOBROYEZZHEV 1998 | Shagiyeva Regina Ilgizovna Leninigorsk | Rally in support of A. Navalnyy
Naberezhnye Chelny
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Supreme Court of the Tatarstan Republic 10/03/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial, after an offence record had been compiled | 4,000 | |
09/06/2021 | Aleksandr Sergeyevich DEGTEREV 1996 | Shagiyeva Regina Ilgizovna Leninigorsk | Rally in support of A. Navalnyy
Naberezhnye Chelny
31/01/2021 | article 20.2 § 5 of CAO | fine RUB 10,000 | Supreme Court of the Tatarstan Republic 10/03/2021 | Art. 5 (1) - unlawful detention- arrest, escorting to a police station and detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial, after an offence record had been compiled | 4,000 | |
09/06/2021 | Svetlana Elfetovna GOLUBEVA 1978 | Shagiyeva Regina Ilgizovna Leninigorsk | Rally in support of A. Navalnyy
Naberezhnye Chelny
31/01/2021
| article 20.2 § 5 of CAO | fine of RUB 10,000 | Supreme Court of the Tatarstan Republic 10/03/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial, after an offence record had been compiled | 4,000 | |
09/06/2021 | Nazar Marselevich GARIPOV 1996 | Shagiyeva Regina Ilgizovna Leninigorsk | Rally in support of A. Navalnyy
Naberezhnye Chelny
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Supreme Court of the Tatarstan Republic 10/03/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial, after an offence record had been compiled | 4,000 | |
09/06/2021 | Sergey Anatolyevich ARZHANTSEV 1959 | Shagiyeva Regina Ilgizovna Leninigorsk | Rally in support of A. Navalnyy
Naberezhnye Chelny
31/01/2021 | article 20.2 § 5 of CAO | community service of 20 hours | Supreme Court of the Tatarstan Republic 07/04/2021 |
| 3,500 | |
09/06/2021 | Ruslan Anatolyevich FOKIN 1986 | Shagiyeva Regina Ilgizovna Leninigorsk | Rally in support of A. Navalnyy
Naberezhnye Chelny
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Supreme Court of the Tatarstan Republic 10/03/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial, after an 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 | 4,000 | |
15/11/2021 | Aleksandr Petrovich GUSEV 1999 | Gilmanov Mansur Idrisovich Podolsk | Opposition rally
Moscow
22/06/2020 | article 20.2 § 5 of CAO | fine of RUB 20,000 | Moscow City Court 29/06/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 22/06/2020 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 | |
19/08/2022 | Aleksey Dmitriyevich MOSHCHENKO 2001 | Baranova Nataliya Andreyevna Moscow | Anti-war protest
St Petersburg
25/02/2022 | article 20.2 § 5 of CAO | fine of RUB 15,000 | St Petersburg City Court 19/04/2022 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 25/02/2022 for the sole purpose of drawing up a record of an 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 | |
14/09/2022 | Kirill Aleksandrovich SEMENOV 1990 | Baranova Nataliya Andreyevna Moscow
| Anti-war protest
Moscow
24/02/2022 | article 20.2 § 5 of CAO | fine of RUB 20,000 | Moscow City Court 09/06/2022 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station on 24/02/2022 for the sole purpose of 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 | |
11/11/2022 | Maksim Dmitriyevich MASYA 2002 |
| Anti-war protest
Moscow
24/02/2022 | article 20.2 § 5 of CAO | fine of RUB 20,000 | Moscow City Court 13/07/2022 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 24/02/2022, for the sole purpose of drawing up a record of administrative offence (such record complied 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 | 4,000 | |
21/12/2022 | Vladislav Vladimirovich VDOVIN 1968 |
| Anti-war protest
Moscow
03/03/2022 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Moscow City Court 25/08/2022 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 03/03/2022 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.