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European Court of Human Rights
You are here: BAILII >> Databases >> European Court of Human Rights >> BARKOV AND OTHERS v. RUSSIA - 6250/23 (Article 11 - Freedom of assembly and association : Second Section Committee) [2024] ECHR 520 (13 June 2024)
URL: http://www.bailii.org/eu/cases/ECHR/2024/520.html
Cite as: [2024] ECHR 520
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SECOND SECTION
CASE OF BARKOV AND OTHERS v. RUSSIA
(Applications nos. 6250/23 and 29 others -
see appended list)
JUDGMENT
STRASBOURG
13 June 2024
This judgment is final but it may be subject to editorial revision.
In the case of Barkov and Others v. Russia,
The European Court of Human Rights (Second Section), sitting as a Committee composed of:
Lorraine Schembri Orland, President,
Frédéric Krenc,
Davor Derenčinović, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 23 May 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, 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 complaint under Article 6 of the Convention concerning the fairness of the administrative-offence proceedings. In view of the findings in the paragraphs above, the Court considers that there is no need to deal separately with this remaining complaint.
- 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 13 June 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Orland
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] | |
22/12/2022 | Ilya Yuryevich BARKOV 1964 |
| Anti-war protest
Moscow
25/02/2022 | article 20.2 § 5 of CAO | fine of RUB 20,000 | Moscow City Court 23/08/2022 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 25/02/2022 until 26/02/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
15/02/2023 | Gennadiy Aleksandrovich SMIRNOV 1966 | Anna Yevgenyevna Bochilo Barnaul | Anti-war protest
Moscow
24/02/2022 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 18/10/2022 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 24/02/2022 until 25/02/2022 | 4,000 | |
15/02/2023 | Sergey Alekseyevich PESHKOV 1994 |
| Anti-war protest
Moscow
24/02/2022 | article 20.2 § 5 of CAO | fine of RUB 20,000 | Moscow City Court 19/10/2022 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 24/02/2022 until 25/02/2022 | 4,000 | |
03/02/2023 | Roman Aleksandrovich IVANOV 1999 |
| Anti-war protest
Moscow
24/02/2022 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 03/10/2022 |
| 3,500 | |
02/03/2023 | Yekaterina Vasilyevna LITVINCHUK 1995 |
| Anti-war protest
Moscow
06/03/2022 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 23/11/2022 | Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report | 4,000 | |
01/03/2023 | Tatyana Olegovna TERENTYEVA 1998 |
| Anti-war protest
Moscow
06/03/2022 | article 20.2 § 5 of CAO | fine of RUB 20,000 | Moscow City Court 03/11/2022 | Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report | 4,000 | |
13/02/2023 | Yuliya Aleksandrovna MINAYEVA 1984 |
| Anti-war protest
Moscow
06/03/2022 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Moscow City Court 13/10/2022 | Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report | 4,000 | |
19/02/2023 | Kamilla Sergeyevna VASILYEVA 1997 |
| Anti-war protest
Moscow
03/03/2022 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 27/10/2022 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 03/03/2022 until 04/03/2022 | 4,000 | |
16/03/2023 | Boris Anatolyevich CHERNYSHEV 1978 |
| Anti-war protest
Moscow
24/02/2022 | article 20.2 § 5 of CAO | fine of RUB 5,000 | Moscow City Court 21/11/2022 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 24/02/2022 until 25/02/2022 | 4,000 | |
15/03/2023 | Fedor Borisovich PAVLOV 1997 |
| Anti-war protest
Moscow
24/02/2022 | article 20.2 § 5 of CAO | fine of RUB 20,000 | Moscow City Court 17/11/2022 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 24/02/2022 until 25/02/2022 | 4,000 | |
21/03/2023 | Boris Vladimirovich IVANOV 1989 | Anna Yevgenyevna Bochilo Barnaul | Anti-war protest
Moscow
06/03/2022 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Moscow City Court 25/11/2022 | Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report | 4,000 | |
11/03/2023 | Tatyana Vladimirovna MUSIYENKO 1979 |
| Anti-war protest
Moscow
24/02/2022 | article 20.2 § 8 of CAO | detention of 7 days | Moscow City Court 15/11/2022 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 24/02/2022 until 25/02/2022 | 5,000 | |
21/03/2023 | Kirill Aleksandrovich SHISHOV 1999 |
| Anti-war protest
Moscow
06/03/2022 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Moscow City Court 25/11/2022 | Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report | 4,000 | |
24/03/2023 | Konstantin Valeryevich YEREMIN 1978 |
| Anti-war protest
Moscow
06/03/2022 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 25/11/2022 | Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report | 4,000 | |
21/03/2023 | Andrey Nikolayevich GLAZUNOV 2002 |
| Anti-war protest
Moscow
28/02/2022 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Moscow City Court 21/11/2022 | Art. 5 (1) - unlawful detention - escorting to the police station on 28/02/2022 for compiling an offence report | 4,000 | |
21/03/2023 | Irina Valeryevna BELOVA 1985 | Oleg Vladimirovich Filatchev Moscow | Anti-war protest
Moscow
06/03/2022 | article 20.2 § 5 of CAO | fine of RUB 20,000 | Moscow City Court 23/11/2022 | Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report | 4,000 | |
22/03/2023 | Yevgeniya Pavlovna FADEYEVA 1962 |
| Anti-war protest
Moscow
06/03/2022 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 25/11/2022 | Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report | 4,000 | |
11/03/2023 | Yevgeniy Anatolyevich KONDRATYEV 1965 |
| Anti-war protest
Moscow
27/02/2022 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Moscow City Court 11/11/2022 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 27/02/2022 until 28/02/2022 | 4,000 | |
23/03/2023 | Ella Maruanovna SAAD 1999 |
| Anti-war protest
Moscow
27/02/2022 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Moscow City Court 19/12/2022 | Art. 5 (1) - unlawful detention - escorting to the police station on 27/02/2022 for compiling an offence report | 4,000 | |
21/03/2023 | Daniil Grigoryevich KUNIS 1999 | Yuliya Valeryevna Malinina Moscow | Anti-war protest
Moscow
24/02/2022 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Moscow City Court 21/11/2022 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 24/02/2022 until 25/02/2022 | 4,000 | |
18/03/2023 | Dmitriy Gennadyevich MUKHIN 1984 |
| Anti-war protest
Moscow
03/03/2022 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 21/11/2022 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 03/03/2022 until 04/03/2022 | 4,000 | |
18/03/2023 | Alina Vladimirovna TROFIMOVA 1975 |
| Anti-war protest
Moscow
06/03/2022 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 21/11/2022 | Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report | 4,000 | |
23/03/2023 | Maksim Andreyevich SHMOYLOV 1996 |
| Anti-war protest
Moscow
06/03/2022 | article 20.2 § 5 of CAO | fine of RUB 20,000 | Moscow City Court 01/12/2022 | Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report | 4,000 | |
23/03/2023 | Darya Nikolayevna VAYDA 1998 | Oleg Vladimirovich Filatchev Moscow | Anti-war protest
Moscow
06/03/2022 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Moscow City Court 25/11/2022 | Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report | 4,000 | |
24/03/2023 | Yevgeniy Lvovich AYZENSHTAT 1959 |
| Anti-war protest
Moscow
24/02/2022 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Moscow City Court 25/11/2022 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 24/02/2022 until 25/02/2022 | 4,000 | |
09/06/2023 | Aleksandr Valentinovich ANDREYEV 1989 | Arkadiy Vitalyevich Shindyapin Moscow | Anti-war protest
Moscow
06/03/2022 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 03/05/2023 | Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report | 4,000 | |
07/06/2023 | Sergey Gennadyevich RIDINGER 1986 |
| Anti-war protest
Moscow
06/03/2022 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Moscow City Court 09/02/2023 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 06/03/2022 until 07/03/2022 | 4,000 | |
05/06/2023 | Viktor Vasilyevich BALABANOV 1952 |
| Anti-war protest
Moscow
06/03/2022 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 07/02/2023 | Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report | 4,000 | |
06/06/2023 | Rinata Aleksandrovna YANOSH 2000 |
| Anti-war protest
Moscow
06/03/2022 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Moscow City Court 06/02/2023 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 06/03/2022 until 07/03/2022 | 4,000 | |
07/06/2023 | Olga Alekseyevna KURICHEVA 1988 |
| Anti-war protest
Moscow
02/04/2022 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Moscow City Court 07/02/2023 | Art. 5 (1) - unlawful detention - escorting to the police station on 02/04/2022 for compiling an offence report | 4,000 |
[1] Plus any tax that may be chargeable to the applicants.