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European Court of Human Rights
You are here: BAILII >> Databases >> European Court of Human Rights >> MALETIN AND OTHERS v. RUSSIA - 1027/19 (Article 11 - Freedom of assembly and association : Second Section Committee) [2024] ECHR 525 (13 June 2024)
URL: http://www.bailii.org/eu/cases/ECHR/2024/525.html
Cite as: [2024] ECHR 525
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SECOND SECTION
CASE OF MALETIN AND OTHERS v. RUSSIA
(Applications nos. 1027/19 and 25 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 Maletin 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 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 Korneyeva, cited above, §§ 62-65 as to the right of the organisers or participants of public assemblies not to be tried and punished twice for the same offence.
- 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 paragraph 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 13 June 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Lorraine Schembri 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] | |
14/12/2018 | Ivan Yuryevich MALETIN 2001 | Glukhov Aleksey Vladimirovich Novocheboksarsk | Opposition rally/gathering
Cheboksary
05/05/2018 | article 20.2 § 5 of CAO and article 20.2 § 5 of CAO | fine of RUB 10,000 and fine of RUB 10,000 | Supreme Court of the Chuvash Republic 06/09/2018 (two separate decisions) | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings,
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was convicted in two separate sets of administrative proceedings (Art. 20.2 § 5 of CAO) for participation in a rally which was qualified by the domestic authorities as two separate events (a rally and a gathering).
| 3,500 | |
14/12/2018 | Aleksandr Sergeyevich MIKHANKOV 1997 | Glukhov Aleksey Vladimirovich Novocheboksarsk | Opposition rally/gathering
Cheboksary
05/05/2018
| article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
article 19.3 § 1 of CAO | 20 hours of community work and 20 hours of community work and fine of RUB 1,000 | Supreme Court of the Chuvash Republic 05/07/2018 (three separate decisions)
| Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in all sets of the administrative-offence proceedings,
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - the applicant was convicted in two separate sets of administrative proceedings (Art. 20.2 § 5 of CAO) for participation in a rally which was qualified by the domestic authorities as two separate events (a rally and a gathering). He was also convicted in the third set of administrative proceeding (Art.19.3 §1 of CAO) for the facts which constituted the basis of the first two convictions. | 4,000 | |
09/08/2021 | Lev Vsevolodovich LUKHOVITSKIY 1984 | Karavayev Aleksandr Yevgenyevich Nizhniy Novgorod | Rally "Free Navalnyy"
Moscow
02/02/2021 | article 20.2 § 6.1 of CAO | detention for 10 days | Moscow City Court 10/02/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
| 5,000 | |
09/08/2021 | Pavel Grigoryevich DOLGOV 1993 | Karavayev Aleksandr Yevgenyevich Nizhniy Novgorod | Rally "Free Navalnyy"
Moscow
02/02/2021 | article 20.2 § 6.1 of CAO | detention for 10 days | Moscow City Court 10/02/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
| 5,000 | |
09/08/2021 | Ilya Mikhaylovich GOLOVLEV 1998 | Karavayev Aleksandr Yevgenyevich Nizhniy Novgorod | Rally "Free Navalnyy"
Moscow
02/02/2021
| article 20.2 § 6.1 of CAO | detention for 10 days | Moscow City Court 10/02/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 5,000 | |
09/08/2021 | Grigoriy Denisovich MIKHAYLOV 2001 | Karavayev Aleksandr Yevgenyevich Nizhniy Novgorod | Rally "Free Navalnyy"
Moscow
02/02/2021 | article 20.2 § 6.1 of CAO | detention for 10 days | Moscow City Court 10/02/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 5,000 | |
12/09/2021 | Yevgeniy Viktorovich STUPIN 1983 |
| Rally "Free Navalnyy"
Moscow
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 20,000 | Moscow City Court 27/05/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 3,500 | |
05/09/2021 | Petr Sersheyevich GRIGORYEV 1977 | Bubon Konstantin Vladimirovich Khabarovsk | Rally to support Furgal and Navalny
Khabarovsk
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Khabarovsk Regional Court 05/03/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1.30 p.m. until 3.15 p.m. on 31/01/2021. | 4,000 | |
10/09/2021 | Ilya Genrikhovich SHKVARIN 1979 | Chernova Nataliya Nikolayevna Petrozavodsk | Rally "Free Navalnyy"
Petrozavodsk
23/01/2021 | article 20.2 § 2 of CAO | detention for 2 days | Supreme Court of the Republic of Karelia 10/03/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1.40 p.m. on 23/01/2021 until the hearing in the first-instance court on 24/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
| 5,000 | |
19/08/2021 | Gleb Vladimirovich ZVONOVSKIY 2002 | Krasikov Vladimir Vladimirovich Samara | Rally "Free Navalnyy"
Samara
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Samara Regional Court 13/05/2021 | Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for 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 | |
16/09/2021 | Agata Aleksandrovna MARAMBEY 1987 | Lepekhin Andrey Gennadyevich Chelyabinsk | Rally "Free Navalnyy"
Chelyabinsk
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Chelyabinsk Regional Court 18/03/2021 | Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report 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 | |
27/09/2021 | Ilya Vladimirovich KRYUCHKOV 2002 | Gilmanov Mansur Idrisovich Podolsk | Opposition rally
Moscow
04/11/2020 | article 20.2 § 6.1 of CAO | fine of RUB 20,000 | Moscow City Court 20/04/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.25 p.m. until 9.00 p.m. on 04/11/2020,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
| 4,000 | |
30/09/2021 | Lidiya Borisovna OLSHANSKAYA 1936 | 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 11,000 | Rostov Regional Court 01/04/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.30 p.m. until 9.00 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 | |
18/10/2021 | Zhirayr Karoyevich KAROYAN 1991 | Gilmanov Mansur Idrisovich Podolsk | Opposition rally
Moscow
22/06/2020 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 29/06/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 6.00 p.m. until 10.10 p.m. on 22/06/2020,
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 | Mikael Valeryevich VARDANYAN 1995 |
| Rally "Free Navalnyy"
St Petersburg
23/01/2021 | article 20.2.2 § 1 of CAO | fine of RUB 10,000 | St Petersburg City Court 20/04/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 7.30 p.m. on 23/01/2021 until 2.00 p.m. on 24/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
| 4,000 | |
15/11/2021 | Aleksandra Aleksandrovna SMIRNOVA 1998 |
| Rally "Free Navalnyy"
Moscow
02/02/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 17/05/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.50 p.m. on 02/02/2021 until 6.59 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 | |
03/11/2021 | Aleksandr Valeryevich POYARKOV 1963 | Gilmanov Mansur Idrisovich Podolsk | Opposition rally
Moscow
22/06/2020 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 29/06/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 6.10 p.m. until 10.30 p.m. on 22/06/2020,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
| 4,000 | |
12/11/2021 | Ilya Antonovich STARIKOV 1994 | Glukhov Aleksey Vladimirovich Novocheboksarsk | Rally "Free Navalnyy"
Samara
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Samara Regional Court 20/05/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.50 p.m. until 8.00 p.m. 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 | |
21/10/2021 | Murat Rubinovich MUKASHEV 2002 | Gilmanov Mansur Idrisovich Podolsk | Opposition rally
Moscow
22/06/2020 | article 20.2 § 5 of CAO | fine of RUB 20,000 | Moscow City Court 29/07/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 6.20 p.m. on 22/06/2020 until 2.00 a.m. on 23/06/2020;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
| 4,000 | |
12/11/2021 | Timofey Igorevich OREKHOV 1991 | 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 - Escorting to and detention at the police station for compiling an offence report from 6.00 p.m. on 22/06/2020 until 12.30 a.m. on 23/06/2020;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
| 4,000 | |
03/12/2021 | Sergey Aleksandrovich YEREMIN 2000 | Krasikov Vladimir Vladimirovich Samara | Rally "Free Navalnyy"
Samara
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Samara Regional Court 16/09/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.30 p.m. until 4.26 p.m. 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 | |
03/01/2022 | Darya Anatolyevna ARSENEVA 1989 | Antokhin Yevgeniy Vyacheslavovich Moscow | Rally "Free Navalnyy"
Moscow
31/01/2021 | article 20.2 § 6.1 of CAO | fine of RUB 10,000 | Moscow City Court 13/08/2021 | Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for 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 | |
02/07/2022 | Valeriya Andreyevna ALEKSEYEVA 2000 | Zyryanova Mariya Sergeyevna St Petersburg | Protest against war in Ukraine
St Petersburg
24/02/2022 | article 20.2 § 6.1 of CAO | detention for 10 days | St Petersburg City Court 03/03/2022 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 7.00 p.m. on 24/02/2022 until 26/02/2022. | 5,000 | |
16/07/2022 | Andrey Aleksandrovich DUZHIK 2000 | Markin Konstantin Aleksandrovich Velikiy Novgorod | Protest against war in Ukraine
Novgorod
06/03/2022 | article 20.2 § 5 of CAO | 20 hours of community work | Novgorod Regional Court 04/04/2022 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.20 p.m. until 8.30 p.m. 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.
| 4,000 | |
04/08/2022 | Yekaterina Stanislavovna VASILYEVA 1976 | Podolskiy Sergey Viktorovich St Petersburg | Protest against war in Ukraine
St Petersburg
26/03/2022 | article 20.3.3 § 1 of CAO | fine of RUB 30,000 | St Petersburg City Court 26/05/2022 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.50 p.m. until 7.30 p.m. on 26/03/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
| 4,000 | |
20/08/2022 | Yekaterina Andreyevna USOLKINA 1992 | Pershakova Yelena Yuryevna Moscow | Protest against war in Ukraine
Perm
24/02/2022 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Perm Regional Court 21/04/2022 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 3,500 |
[1] Plus any tax that may be chargeable to the applicants.