FIFTH SECTION
CASE OF BOGDANOV AND OTHERS v. RUSSIA
(Applications nos. 38690/21 and 23 others -
see appended list)
JUDGMENT
STRASBOURG
27 June 2024
This judgment is final but it may be subject to editorial revision.
In the case of Bogdanov and Others v. Russia,
The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:
María Elósegui, President,
Kateřina Šimáčková,
Stephane Pisani, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 6 June 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
5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.
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).
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.
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 Korneyeva v. Russia, no. 72051/17, §§ 34-36, 8 October 2019 and Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018, 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 (CAO); 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.
14. In view of the above findings, the Court considers that there is no need to deal separately with the remainder of the applicants' complaints.
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,
(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 27 June 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina María Elósegui
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] | |
15/07/2021 | Sergey Aleksandrovich BOGDANOV 1999 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Moscow
23/01/2021 | article 20.2 § 6.1 of CAO | detention for 12 days | Moscow City Court 30/01/2021 | Art. 5 (1) - unlawful detention - Arrest and detention from 23/01/2021 to 25/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; the complaint was raised on appeal in the administrative proceedings; Detention as an administrative suspect: the applicant remained in detention after the 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,
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 a suspensive effect of an appeal under the CAO | 5,000 | |
26/08/2021 | Lyudmila Aleksandrovna TKHORENKO 2001 | Zubarev Dmitriy Vladimirovich Vladivostok | Rally "Free Navalnyy"
Vladivostok
31/01/2021 | article 20.2 § 5 of CAO | 30 hours of community work | Primorye Regional Court 12/04/2021 | Art. 5 (1) - unlawful detention - Arrest and detention on 31/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; the complaint was raised on appeal in the administrative proceedings,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
31/08/2021 | Maksim Borisovich CHIRKOV 1987 | Shimovolos Sergey Mikhaylovich Nizhniy Novgorod | Protest rally
Nizhniy Novgorod
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Nizhniy Novgorod Regional Court 24/06/2021 | Art. 5 (1) - unlawful detention - Arrest and detention on 23/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; the issue was addressed by the appeal court,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
04/09/2021 | Ignat Valentinovich VOLOSHIN 1990 | Markin Konstantin Aleksandrovich Velikiy Novgorod | Rally "Free Navalnyy"
Velikiy Novgorod
23/01/2021 | article 20.2 § 5 of CAO | 20 hours of community work | Novgorod Regional Court 11/03/2021 | Art. 5 (1) - unlawful detention - Arrest and detention on 23/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; the complaint was raised on appeal in the administrative proceedings,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
30/08/2021 | Eduard Aleksandrovich STADNIK 2002 | Pershakova Yelena Yuryevna Moscow | Rally "Free Navalnyy"
Moscow
02/02/2021 | article 20.2 § 5 of CAO | 30 hours of community work | Moscow City Court 06/04/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 3,500 | |
26/08/2021 | Arkadiy Vadimovich PODKOPAYEV 1974 | Zboroshenko Nikolay Sergeyevich Mytishchi | Rally "Free Navalnyy"
Moscow
31/01/2021 | article 20.2 § 6.1 of CAO | detention for 7 days | Moscow City Court 02/03/2021 | Art. 5 (1) - unlawful detention - Arrest and detention on 31/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; the complaint was raised on appeal in the administrative proceedings,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 5,000 | |
01/09/2021 | Aleksandr Alekseyevich YELEFIRENKO 1994 | Bochilo Anna Yevgenyevna Barnaul | Rally "Free Navalnyy"
Moscow
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 20,000 | Moscow City Court 01/06/2021 | Art. 5 (1) - unlawful detention - Arrest and detention on 23/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; the complaint was raised on appeal in the administrative proceedings,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
10/09/2021 | Dmitriy Veniaminovich POVOLOKIN 1981 | Mezak Ernest Aleksandrovich Saint-Barthélemy-d'Anjou | Rally "Free Navalnyy"
Syktyvkar
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Supreme Court of the Komi Republic 10/03/2021 | Art. 5 (1) - unlawful detention - Arrest and detention on 31/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; the complaint was raised on appeal in administrative proceedings,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative offence proceedings | 4,000 | |
10/09/2021 | Viktoriya Viktorovna PARKHOMENKO 1973 | Bochilo Anna Yevgenyevna Barnaul | Rally "Free Navalnyy"
Anapa
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Krasnodar Regional Court 07/04/2021 | Art. 5 (1) - unlawful detention - Arrest and detention from 3.10 p.m. to 8.10 p.m. on 23/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; Detention as an administrative suspect: the applicant remained in detention after the offence record had been compiled; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO); the complaints were raised on appeal in the administrative proceedings,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
01/10/2021 | Dmitriy Alekseyevich POPOV 1993 | Zhdanov Ivan Yuryevich Vilnius | Rally "Free Navalnyy"
Moscow
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 08/04/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 5 (1) - unlawful detention - Arrest and detention in the police station on 23/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity (the issue was examined by the appeal court in the administrative proceedings) | 4,000 | |
24/09/2021 | Anna Aleksandrovna GORYACHEVSKAYA 2001 | Pomazuyev Aleksandr Yevgenyevich Vilnius | Rally "Free Navalnyy"
Nizhniy Tagil
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Sverdlovsk Regional Court 31/03/2021 | Art. 5 (1) - unlawful detention - Arrest and detention on 31/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; the complaint was raised on appeal in the administrative proceedings,
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 | Dmitriy Anatolyevich ZHARIKHIN 1990 | Zboroshenko Nikolay Sergeyevich Mytishchi | Rally "Free Navalnyy"
Moscow
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Moscow City Court 28/04/2021 | Art. 5 (1) - unlawful detention - Arrest and detention on 23/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity the complaint was raised on appeal in the administrative proceedings,
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 | German Sergeyevich KHOMENKO 1987 | Zhdanov Ivan Yuryevich Vilnius | Rally "Free Navalnyy"
Moscow
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Moscow City Court 19/05/2021 | Art. 5 (1) - unlawful detention - Arrest and detention on 23/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; the complaint was raised on appeal in the administrative proceedings,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
23/10/2021 | Irina Alekseyevna BARKHATOVA 1986 | Popkov Aleksandr Vasilyevich Sochi | Rally "Free Navalnyy"
Sochi
23/01/2021 | article 20.2 § 6.1 of CAO | fine of RUB 10,000 | Krasnodar Regional Court 26/04/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 5 (1) - unlawful detention - Arrest and detention on 23/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; the complaint was raised on appeal in the administrative proceedings | 4,000 | |
15/11/2021 | Ivan Denisovich SKVORTSOV 2000 | Zhdanov Ivan Yuryevich Vilnius | Rally "Free Navalnyy"
Novosibirsk
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Novosibirsk Regional Court 21/05/2021 | Art. 5 (1) - unlawful detention - Arrest and detention on 23/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; the complaint was raised on appeal in the administrative proceedings,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
31/10/2021 | Mariya Borisovna BELYAYEVA 1960 | Zboroshenko Nikolay Sergeyevich Mytishchi | Forum of Independent Deputies
Moscow
13/03/2021 | article 20.33 of CAO | fine of RUB 15,000 | Izmaylovskiy District Court of Moscow 25/05/2021 | Art. 5 (1) - unlawful detention - Arrest and detention from 10.30 a.m. till 6 p.m. on 13/03/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; Detention as an administrative suspect: beyond the three-hour statutory period (Art. 27.5(1)-(4) CAO) (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-22, 10 April 2018); the complaints were raised on appeal in the administrative proceedings | 4,000 | |
19/11/2021 | Aleksandr Aleksandrovich NIKITIN 1991 | Zhdanov Ivan Yuryevich Vilnius | Rally "Free Navalnyy"
Tula
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Tula Regional Court 07/06/2021 | Art. 5 (1) - unlawful detention - Arrest and detention on 23/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; the complaint was raised on appeal in the administrative proceedings,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
19/11/2021 | Irina Yuryevna BUDKO 1996 | Zhdanov Ivan Yuryevich Vilnius | Rally "Free Navalnyy
Saratov
21/04/2023 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Saratov Regional Court 31/05/2021 | Art. 5 (1) - unlawful detention - Arrest and detention on 21/04/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; the complaint was raised on appeal in the administrative proceedings,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
19/11/2021 | Nikolay Yevgenyevich ZLOBIN 1990 | Zhdanov Ivan Yuryevich Vilnius | Rally "Free Navalnyy"
Moscow
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 07/06/2021 | Art. 5 (1) - unlawful detention - Arrest and detention on 23/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; the complaint was raised on appeal in the administrative proceedings,
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 | Pavel Anatolyevich YARILIN 1974 | Vasilyev Nikolay Vladimirovich Moscow | Rally "Free Navalnyy"
Moscow
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 05/08/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 3,500 | |
27/11/2021 | Vladimir Yevgenyevich NIKONOV 1963 | Zhdanov Ivan Yuryevich Vilnius | Rally "Free Navalnyy"
Balakovo
21/04/2021 | article 20.2 § 5 of CAO | fine of RUB 20,000 | Saratov Regional Court 25/06/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 3,500 | |
27/11/2021 | Ivan Aleksandrovich VLASOV 1997 | Zhdanov Ivan Yuryevich Vilnius | Rally "Free Navalnyy"
Perm
31/01/2021 | article 20.2 § 5 of CAO | 20 hours of compulsory work | Perm Regional Court 09/06/2021 | Art. 5 (1) - unlawful detention - Arrest and detention on 31/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; the complaint was raised on appeal in the administrative proceedings,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
17/11/2021 | Mikhail Denisovich SAMKOV 2001 | Zboroshenko Nikolay Sergeyevich Mytishchi | Rally "Free Navalnyy"
Moscow
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 01/06/2021 | Art. 5 (1) - unlawful detention - Arrest and detention on 23/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; the complaint was raised on appeal in the administrative proceedings,
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 | Anatoliy Fedorovich STUKACHEV 1985 | Zhdanov Ivan Yuryevich Vilnius | Rally "Free Navalnyy"
Moscow
23/01/2021 | article 20.2 § 6.1 of CAO | fine of RUB 10,000 | Moscow City Court 11/06/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 5 (1) - unlawful detention - Arrest and detention on 23/01/2021 - Applicant taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record (Art. 27.2 § 1 CAO) and achieve the objectives set out in Art. 27.1 CAO, e.g. to establish the suspect's identity; the complaint was raised on appeal in the administrative proceedings | 4,000 |
[1] Plus any tax that may be chargeable to the applicants.