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European Court of Human Rights
You are here: BAILII >> Databases >> European Court of Human Rights >> UDALOV AND OTHERS v. RUSSIA - 83038/17 (Article 11 - Freedom of assembly and association : Second Section Committee) [2024] ECHR 667 (11 July 2024)
URL: http://www.bailii.org/eu/cases/ECHR/2024/667.html
Cite as: [2024] ECHR 667
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SECOND SECTION
CASE OF UDALOV AND OTHERS v. RUSSIA
(Applications nos. 83038/17 and 17 others -
see appended list)
JUDGMENT
STRASBOURG
11 July 2024
This judgment is final but it may be subject to editorial revision.
In the case of Udalov 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 20 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. 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); Elvira Dmitriyeva v. Russia, nos. 60921/17 and 7202/18, §§ 77-90, 30 April 2019, as to administrative conviction for making calls to participate in public assemblies; 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 the Convention or Protocols to it. In view of the above findings, 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;
- 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 11 July 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 per applicant (in euros)[1] | |
30/11/2017 | Sergey Borisovich UDALOV 1983 | Peredruk Aleksandr Dmitriyevich St Petersburg | Anticorruption rally
St Petersburg 12/06/2017 | article 20.2 § 5 of CAO | fine of RUB 10,000 | St Petersburg City Court 28/06/2017 | Art. 5 (1) - unlawful detention - on 12-13/06/2017 escorting to and detention in a police station for and after compiling offence reports,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 4,000 | |
13/12/2017 | Stanislav Andreyevich KORENYUGIN 1995 | Sharapov Ilnur Ilgizovich Moscow | Anticorruption rally
Moscow 26/03/2017
Rally to support A. Navalnyy
Moscow 31/01/2021
Indoors political meeting
Moscow, 13/03/2021 | article 20.2 § 5 of CAO
article 20.2 § 6.1 of CAO
article 20.33 of CAO | fine of RUB 15,000
10 days of detention
fine of RUB 5,000
| Moscow City Court 10/07/2017
Moscow City Court 03/02/2021
Lyubertsy Town Court of Moscow Region 14/09/2021 | Art. 5 (1) - unlawful detention - (i) on 31/01/2021 until 01/02/2021 escorting to and detention in a police station for and after compiling an offence report; (ii) on 13/03/2021 escorting to a police station for compiling offence reports,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in two sets of administrative-offence proceedings under Art. 20.2 of CAO,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of 10-day detention in 2021 was executed immediately; an appeal against conviction had no suspensive effect. | 5,000 | |
19/01/2018 | Oksana Rafikovna KHARINOVA 1975 | Mezak Ernest Aleksandrovich Saint-Barthélemy-d'Anjou | Anticorruption rally
Uhta 26/03/2017
Rally to support A. Navalnyy
Uhta 23/01/2021 | article 20.2 § 1 of CAO
article 20.2 § 5 of CAO | fine of RUB 15,000
fine of RUB 10,000 | Supreme Court of the Komi Republic 19/07/2017
Supreme Court of the Komi Republic 17/03/2021 |
| 3,500 | |
23/04/2018 | Natalya Aleksandrovna SUBBOTINA 1997 | Pershakova Yelena Yuryevna Moscow | Rally to support A. Navalnyy
Perm 22/09/2017
Rally to support A. Navalnyy
Perm 07/10/2017
Gathering to support arrested protesters (following the above rally)
Perm 07/10/2017 | article 20.2 § 5 of CAO
article 20.2 § 2 of CAO
article 20.2 § 5 of CAO
| fine of RUB 10,000
20 hours of community work
20 hours of community work
| Perm Regional Court 23/10/2017
Perm Regional Court 20/11/2017
Perm Regional Court 18/12/2017
| Art. 5 (1) - unlawful detention - on 22/09/2017 escorting to a police station 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 under Art. 20.2 § 5 of CAO (final decision on 23/10/2017). | 4,000 | |
08/06/2018 | Irina Aleksandrovna NEVEROVA 1989 | Pershakova Yelena Yuryevna Moscow | Rally to support A. Navalnyy
Perm 03/09/2017
Protest rally
Perm 22/09/2017
Rally to support A. Navalnyy
Perm 07/10/2017 | article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO | fine of RUB 10,000
20 hours of community work
20 hours of community work | Perm Regional Court 26/12/2017
Perm Regional Court 22/12/2017
Perm Regional Court 11/12/2017 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings (final decision on 22/12/2017 by the Perm Regional Court). | 3,500 | |
09/06/2018 | Georgiy Borisovich SHABANOV 1962 | Pershakova Yelena Yuryevna Moscow | Rally to support A. Navalnyy
Perm 07/10/2017
Opposition rally
Perm 05/05/2018
Rally to support A. Navalnyy
Perm 23/01/2021
Protest rally
Perm 21/04/2021 | article 20.2 § 5 of CAO
article 20.2 § 8 of CAO
article 20.2 § 5 of CAO
article 20.2 § 5 of CAO | fine of RUB 10,000
100 hours of community work
fine of RUB 10,000
fine of RUB 15,000 | Perm Regional Court 11/12/2017
Perm Regional Court 09/08/2018
Perm Regional Court 02/06/2021
Perm Regional Court 11/08/2021 | Art. 5 (1) - unlawful detention - on 14/05/2018 escorting to a police station for compiling an offence report in relation to the rally on 05/05/2018,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings (final decision on 02/06/2021 by the Perm Regional Court). | 4,000 | |
21/06/2018 | Anatoliy Vyacheslavovich SHIRINKIN 1967 | Shabanov Georgiy Borisovich Troitsa | Rally to support A. Navalnyy
Perm 07/10/2017 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Perm Regional Court 21/12/2017 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 3,500 | |
31/10/2018 | Filipp Aleksandrovich SHCHELKANOV 1988 | Cherkasov Vitaliy Viktorovich St Petersburg | Opposition rally
St Petersburg 05/05/2018
| article 19.3 § 1 of CAO
article 20.2 § 5 of CAO | 15 days of detention
fine of RUB 10,000 | St Petersburg City Court 30/05/2018
St Petersburg City Court 26/06/2018 | Art. 5 (1) - unlawful detention - on 05-06/05/2018 escorting to and detention in a police station for and after compiling offence reports,
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. 2 - delayed review of conviction by a higher tribunal - immediate execution of the sentence of detention; an appeal against conviction had no suspensive effect. | 5,000 | |
11/12/2018 | Firgat Fidaliyevich FAYZRAKHMANOV 1994 | Sholokhov Igor Nikolayevich Kazan | Rally against the pension reform
Kazan 09/09/2018 | article 20.2 § 2 of CAO | 4 days of detention | Supreme Court of the Tatarstan Republic 12/09/2018 | Art. 5 (1) - unlawful detention - on 09-10/09/2018 escorting to and detention in a police station for and after 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,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - immediate execution of the sentence of detention; an appeal against conviction had no suspensive effect. | 5,000 | |
19/12/2018 | Aleksey Igorevich CHERNOV 1984 | Sholokhov Igor Nikolayevich Kazan | Rally against the pension reform
Kazan 09/09/2018 | article 20.2 § 2 of CAO | 4 days of detention | Supreme Court of the Tatarstan Republic 21/09/2018 | Art. 5 (1) - unlawful detention - on 09-10/09/2018 escorting to and detention in a police station for and after 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,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - immediate execution of the sentence of detention; an appeal against conviction had no suspensive effect. | 5,000 | |
05/02/2019 | Ilya Sergeyevich VAGIN 1985 | Glukhov Aleksey Vladimirovich Novocheboksarsk | Opposition rally
Nizhniy Novgorod 05/05/2018 | article 20.2 § 2 of CAO | fine of RUB 20,000 | Nizhniy Novgorod Reginal Court 08/08/2018 |
| 3,500 | |
05/03/2019 | Aleksandr Yevgenyevich KARAVAYEV 1985 |
| Rally to commemorate B. Nemtsov
Nizhniy Novgorod 25/02/2018 | article 20.2 § 5 of CAO | 30 hours of community work | Nizhniy Novgorod Regional Court 06/09/2018 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 3,500 | |
04/04/2019 | Stanislav Valeryevich ZAKHAROV 1988 | Sukachev Roman Vasilyevich Chita | Protest rally
Chita 03/11/2018 | article 20.2 § 2 of CAO
| fine of RUB 20,000
| Zabaykalye Regional Court 24/12/2018 | Art. 10 (1) - conviction for making calls to participate in public events - the applicant was sentenced to two fines of RUB 10,000 for reposting - on two social networks - one message relating to a forthcoming protest rally (Art. 20.2 § 1 of CAO; final decisions on 24/12/2018 by the Zabaykalye Regional Court) (in the meantime, the rally had been eventually approved and had been held as planned on 03/11/2018). | 4,000 | |
11/06/2019 | Adel Damirovich BADRETDINOV 1999 | Sholokhov Igor Nikolayevich Kazan | Rally against the pension reform
Kazan 09/09/2018 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Supreme Court of the Tatarstan Republic 17/04/2019 | Art. 5 (1) - unlawful detention - on 22-23/03/2019 escorting to and detention in a police station for and after 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 | |
06/08/2019 | Vyacheslav Aleksandrovich KHLYNOV 1999 |
| Spontaneous meeting against arbitrary detention of protesters
Moscow 06/10/2018 | article 20.2 § 6.1 of CAO | fine of RUB 10,000 | Moscow City Court 06/05/2019 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 3,500 | |
30/11/2019 | Artem Igorevich KULIKOVSKIY 2000 | Zakhvatov Dmitriy Igorevich Moscow | Protest action
Moscow 10/03/2019 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 02/07/2019 |
| 3,500 | |
25/08/2021 | Maksim Valeryevich KUKUSHKIN 1976 | Bubon Konstantin Vladimirovich Khabarovsk | Rally to support A. Navalnyy
Khabarovsk 23/01/2021
| article 20.2 § 8 of CAO | fine of RUB 150,000 | Khabarovsk Regional Court 05/05/2021 | Art. 5 (1) - unlawful detention - on 23-24/01/2021 escorting to and detention in a police station for compiling an offence report. | 5,500 | |
06/09/2021 | Dmitriy Sergeyevich TIMOSHENKO 1987 | Misakyan Tumas Arsenovich Moscow | Rallies to support S. Furgal in Khabarovsk on:
24/10/2020
26/10/2020
31/10/2020
07/11/2020
26/12/2020 |
article 20.2 § 6.1 of CAO
article 20.2 § 5 of CAO
article 20.2 § 8 of CAO
article 20.2 § 8 of CAO
article 20.2 § 8 of CAO |
fine of RUB 10,000
fine of RUB 10,000
fine of RUB 75,000
fine of RUB 150,000
fine of RUB 150,000 | Khabarovsk Regional Court
11/03/2021
18/03/2021
09/03/2021
15/03/2021
16/03/2021 | Art. 5 (1) - unlawful detention - on 16/01/2021 escorting to a police station for compiling an offence report in relation to the rally on 24/10/2020.
| 7,000 |
[1] Plus any tax that may be chargeable to the applicants.