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European Court of Human Rights
You are here: BAILII >> Databases >> European Court of Human Rights >> ZAVOROTNYKH AND OTHERS v. RUSSIA - 43224/17 (Article 6 - Right to a fair trial : Second Section Committee) [2024] ECHR 669 (11 July 2024)
URL: http://www.bailii.org/eu/cases/ECHR/2024/669.html
Cite as: [2024] ECHR 669
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SECOND SECTION
CASE OF ZAVOROTNYKH AND OTHERS v. RUSSIA
(Applications nos. 43224/17 and 23 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 Zavorotnykh 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 lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings. They 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 6 § 1 of the Convention
7. The applicants complained of the lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings. They relied, expressly or in substance, on Article 6 § 1 of the Convention.
8. In the leading case of Karelin v. Russia, no. 926/08, 20 September 2016, the Court already found a violation in respect of issues similar to those in the present case. 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 on the admissibility and merits of these complaints.
9. These complaints are therefore admissible and disclose a breach of Article 6 § 1 of the Convention.
- OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW
10. 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.
11. Having examined all the material before it, the Court concludes that they also disclose violations of the Convention in the light of its findings 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; Kruglov and Others v. Russia, nos. 11264/04 and 15 others, §§ 107-38, 4 February 2020, regarding unlawful search; 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; Teslenko and Others v. Russia, nos. 49588/12 and 3 others, §§ 121-45, 5 April 2022, as to other restrictions on the right to freedom of expression, Frumkin v. Russia, no. 74568/12, §§ 93-142, ECHR 2016 (extracts), Navalnyy and Yashin v. Russia, no. 76204/11, 4 December 2014, Kasparov and Others v. Russia, no. 21613/07, 3 October 2013, and Bodalev v. Russia, no. 67200/12, §§ 96-107, 6 September 2022, as to disproportionate measures in respect of participants and organisers of public events; 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
12. 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
13. Regard being had to the documents in its possession and to its case-law (see, in particular, Kuratov and Others v. Russia [Committee], nos. 24377/15 and 2 others, 22 October 2019), the Court considers 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 complaint under Article 6 § 1 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 complaints disclose a breach of Article 6 § 1 of the Convention concerning the lack of impartiality of the tribunal in view of the absence of the prosecuting party in the administrative-offence proceedings;
- 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 6 § 1 of the Convention
(lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings)
Application no. Date of introduction | Applicant's name Year of birth
| Representative's name and location | Penalty | Date of final domestic decision Name of court | Other complaints under well-established case-law | Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant (in euros)[1] | |
03/06/2017 | Sergey Viktorovich ZAVOROTNYKH 1985 | Zboroshenko Nikolay Sergeyevich Mytishchi | 5 days of detention | 06/12/2016 Moscow City Court |
| 1,000 | |
07/09/2017 | Denis Vladimirovich LARTSEV 1989 | Terekhov Konstantin Ilyich Moscow | 1 day of detention | 13/04/2017 Rostov Regional Court | Art. 5 (1) - unlawful detention - on 26-27/03/2017 detention in a police station after compiling an offence report. | 4,000 | |
19/10/2017 | Sergey Igorevich GORKAYEV 1990 | Terekhov Konstantin Ilyich Moscow | 7 days of detention | 26/04/2017 Moscow City Court | 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. | 1,300 | |
14/11/2017 | Aleksey Valeryevich VLASOV 1977 | Sotnikov Dmitriy Valeryevich Balashikha | 40 hours of community work | 15/05/2017 Tula Regional Court | Art. 5 (1) - unlawful detention - on 26/03/2017 escorting to a police station for compiling an offence report;
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - the applicant was arrested and sentenced to community work under Art. 20.2 § 6.1 of CAO for participation in an anticorruption rally on 26/03/2017 in Tula | 4,000 | |
16/12/2017 | Kirill Georgiyevich VOLSKIY 1991 | Pyshkin Valentin Valentinovich St Petersburg | 10 days of detention
fine of RUB 10,000 | 20/06/2017 St Petersburg City Court
04/07/2017 St Petersburg City Court | Art. 5 (1) - unlawful detention - on 12-13/06/2017 escorting to and detention in a police station for and after compiling offence reports. | 4,000 | |
09/01/2018 | Denis Gennadyevich GONCHAROV 1975 | Peredruk Aleksandr Dmitriyevich St Petersburg | 5 days of detention
fine of RUB 15,000 | 11/07/2017 St Petersburg City Court
11/07/2017 St Petersburg City Court | Art. 5 (1) - unlawful detention - on 12-14/06/2017 escorting to and detention in a police station for and after compiling offence reports. | 4,000 | |
18/01/2018 | Yana Aleksandrovna BABENKO 1993 | Pyshkin Valentin Valentinovich St Petersburg | fine of RUB 10,000 | 20/07/2017 St Petersburg City Court
| Art. 5 (1) - unlawful detention - on 12-13/06/2017 escorting to and detention in a police station for and after compiling offence reports. | 4,000 | |
20/02/2018 | Aleksey Valeryevich CHERNIKOV 1988 | Peredruk Aleksandr Dmitriyevich St Petersburg | fine of RUB 10,000 | 22/08/2017 St Petersburg City Court |
| 1,000 | |
02/04/2018 | Konstantin Borisovich ZYKOV 1990
Tatyana Yevgenyevna ZYKOVA 1995
| Popkov Aleksandr Vasilyevich Sochi | 10 days of detention (Zykov)
3 days of detention (Zykov)
| 12/10/2017 Krasnodar Regional Court
13/04/2018 Krasnodar Regional Court
| Art. 5 (1) - unlawful detention - on 17/03/2018 both applicants' escorting to a police station for compiling offence reports,
Art. 8 (1) - unlawful search - a court refused to authorise a search in the flat where the applicants resided, in the absence of any evidence substantiating the allegation that there were reasons to suspect that there might be firearms in that flat; a search was carried out on 17/03/2018; it was then validated by the courts, with reference to some documents found during the search as to Mr Zykov's business activities (final decision on 03/05/2018 by the Krasnodar Regional Court),
Art. 10 (1) - conviction for making calls to participate in public events - Mr Zykov was sentenced to 10-day detention for organising a rally to support A. Navalnyy on 07/10/2017 (Art. 20.2 § 2 of CAO; final decision on 12/10/2017 by the Krasnodar Regional Court). | 5,000, to Mr Zykov
and
4,000, to Ms Zykova | |
25/04/2018 | Aleksey Valeryevich BOCHENKOV 1998 | Sergeyeva Irina Vadimovna Moscow | 15 days of detention | 10/11/2017 Moscow City Court |
| 1,000 | |
25/05/2018 | Aleksandra Vladimirovna SEMENOVA 1979 | Pershakova Yelena Yuryevna Moscow | fine of RUB 20,000 | 12/03/2018 Perm Regional Court
| Art. 10 (1) - conviction for making calls to participate in public events - the applicant was sentenced to two fines of RUB 20,000 in relation to a rally on 07/10/2017 to support A. Navalnyy's presidential campaign and a political meeting on 24/11/2017 (Art. 20.2 § 2 of CAO; final decisions on 30/11/2017 and 12/03/2018 by the Perm Regional Court respectively). | 3,500 | |
17/05/2018 | Nikolay Nikolayevich VITKEVICH 1965 |
| 3 days of detention | 08/12/2017 Bryansk Regional Court | Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - immediate execution of the sentence of 3-day detention; an appeal against conviction had no suspensive effect. | 1,300 | |
08/05/2018 | Yan Igorevich PAVLOVSKIY 1998 | Pyshkin Valentin Valentinovich St Petersburg | fine of RUB 15,000
7 days of detention | 09/11/2017 St Petersburg City Court
09/11/2017 St Petersburg City Court | Art. 5 (1) - unlawful detention - on 08-09/10/2017 escorting to and detention in a police station for and after compiling offence reports. | 4,000 | |
08/08/2018 | Anna Nikolayevna PETKOGLO 1985 | Zhdanov Ivan Yuryevich Vilnius | fine of RUB 20,000 | 08/02/2018, Nizhniy Novgorod Regional Court | Art. 10 (1) - conviction for making calls to participate in public events - the applicant was sentenced to a fine of RUB 20,000 for making comments during an online interview to Navalnyy.Live on a protest rally on 29/09/2017 (Art. 20.2 § 1 of CAO, final decision on 08/02/2018 by the Nizhniy Novgorod Regional Court).
| 3,500 | |
30/07/2018 | Natalya Anatolyevna VAVILOVA 1976 | Pershakova Yelena Yuryevna Moscow | fine of RUB 20,000 | 02/02/2018 Perm Regional Court | Art. 5 (1) - unlawful detention - on 08/10/2017 escorting to a police station for compiling an offence report in relation to a protest rally on 07/10/2017,
Art. 10 (1) - conviction for making calls to participate in public events - the applicant was arrested and sentenced to a fine of RUB 20,000 in relation to the rally on 07/10/2017 (Art. 20.2 § 5 CAO, final decision on 02/02/2018 by the Perm Regional Court). | 4,000 | |
06/09/2018 | Valeriy Yuryevich NADEZHDIN 1968 |
| 7 days of detention
fine of RUB 20,000 | 22/03/2018 Moscow City Court
08/08/2018 Moscow City Court | Art. 5 (1) - unlawful detention - on 12/03/2018 escorting to and detention in a police station for compiling an offence report,
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - the applicant was arrested and sentenced to a fine and detention in relation to his participation in a protest rally on 12/03/2018 (Arts. 20.1 and 20.2 of CAO, final decisions on 22/03/2018 and 08/08/2018 by the Moscow City Court). | 5,000 | |
10/10/2018 | Ilya Viktorovich FEDIN 1996 | Zhdanov Ivan Yuryevich Vilnius | fine of RUB 10,000 | 07/06/2018 St Petersburg City Court | Art. 5 (1) - unlawful detention - on 05/05/2018 escorting to a police station for compiling an offence report. | 4,000 | |
31/10/2018 | Boris Mikhaylovich ZOLOTAREVSKIY 1997 | Lepekhin Andrey Gennadyevich Chelyabinsk | 25 days of detention
9 days of detention
30 days of detention | 09/05/2018 Chelyabinsk Regional Court
12/09/2018 Chelyabinsk Regional Court
13/08/2019 Moscow City Court | Art. 5 (1) - unlawful detention - (i) on 05/05/2018 and 08/09/2018 escorting to a police station for compiling an offence report; (ii) on 10-12/08/2019 escorting to and detention in a police station for compiling an offence report,
Art. 10 (1) - conviction for making calls to participate in public events -
(i) the applicant was arrested and sentenced to 25-day and 9-day detention in relation to an opposition rally on 05/05/2018 and a rally against the pension reform on 09/09/2018 in Chelyabinsk respectively (Art. 20.2 of CAO, final decisions on 09/05/2018 and 12/09/2018 by the Chelyabinsk Regional Court);
(ii) the applicant's call to the participants of an approved rally on 10/08/2019 in Moscow to continue the protest with a "promenade" toward the Presidential Administration; he was arrested and sentenced to 30-day detention with reference to the lack of official approval for such promenade (Art. 20.2 § 8 of CAO, final decision on 13/08/2019 by the Moscow City Court),
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - immediate execution of three sentences of detention; an appeal against conviction had no suspensive effect. | 8,000 | |
13/11/2018 | Aleksandr Andreyevich TROFIMOV 1999 | Memorial Human Rights Centre Moscow | fine of RUB 1,000 | 14/05/2018 Presnenskiy District Court of Moscow | Art. 5 (1) - unlawful detention - on 22/02/2018 escorting to a police station for compiling an offence report,
Art. 10 (1) - various restrictions on the right to freedom of expression - on 22/02/2018 the applicant distributed political leaflets; he was arrested and fined (Art. 5.12 of CAO, final decision on 14/05/2018 by the Presnenskiy District Court of Moscow) (Teslenko and Others v. Russia, nos. 49588/12 and 3 others, 5 April 2022). | 4,000 | |
08/01/2019 | Ilgam Ilgizarovich SHAKIROV 1989 |
| fine of RUB 2,000 | 09/07/2018 Sovetskiy District Court of Kazan |
| 1,000 | |
21/03/2019 | Vladislav Valeriyevich KHODAKOVSKIY 1992
|
| fine of RUB 10,000 | 21/09/2018 Voronezh Regional Court | Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - the applicant was sentenced to a fine of RUB 10,000 for his participation in an opposition rally on 05/05/2018. | 3,500 | |
08/04/2019 | Roman Alekseyevich PAVLOV 1998 | Zboroshenko Nikolay Sergeyevich Mytishchi | fine of RUB 10,000 | 22/03/2019 Moscow City Court | Art. 5 (1) - unlawful detention - on 05/05/2018 escorting to a police station for compiling an offence report,
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - the applicant was arrested and fined for participation in an opposition rally on 05/05/2018 (Art. 20.2 of CAO, final decision on 22/03/2019 by the Moscow City Court). | 4,000 | |
05/06/2019 | Aleksandr Aleksandrovich GOLOVACH 1991 |
| fine of RUB 20,000
4 days of detention | 06/12/2018 Moscow City Court
24/03/2021 Moscow City Court | Art. 5 (1) - unlawful detention - (i) on 17-18/10/2018 escorting to and detention in a police station for and after compiling an offence report in relation to a rally against the pension reform on 09/09/2018; (ii) on 31/01/2021-02/02/2021 detention in a police station after compiling an offence report in relation to a rally to support A. Navalnyy on 31/01/2021,
Art. 10 (1) - conviction for making calls to participate in public events - the applicant was arrested and sentenced to a fine of RUB 20,000 for making calls to participate at the rally on 09/09/2018 (Art. 20.2 § 2 of CAO, final decision on 06/12/2018 by the Moscow City Court),
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - the applicant was arrested and sentenced to 4-day detention in relation to the rally on 31/01/2021 (Art. 20.2 § 6.1 of CAO, final decision on 24/03/2021 by the Moscow City Court). | 5,000 | |
02/10/2020 | Irina Anatolyevna NIKIFOROVA 1985 | Popkov Aleksandr Vasilyevich Sochi | fine of RUB 10,000
30 hours of community work | 22/01/2020 Supreme Court of Tatarstan Republic
27/05/2020 Supreme Court of the Tatarstan Republic | Art. 5 (1) - unlawful detention - on 16/12/2019 escorting to a police station for compiling an offence report,
Art. 10 (1) - various restrictions on the right to freedom of expression - the applicant was making a video recording during a rally against construction of a waste incineration plant on 16/12/2019; she was arrested and sentenced to a fine of RUB 10,000 (Art. 20.2.2 of CAO, final decision on 22/01/2020 by the Supreme Court of the Tatarstan Republic),
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - on 03-26/02/2020 the applicant organised a number of solo demonstrations against the above construction project; she provided information about them on her social-networking page; the courts sentenced her to community work, considering that those demonstrations by different people on different days had been conducted with the same purpose and thus were one "rally" requiring prior notification (Art. 20.2 § 2 of CAO, final decision on 27/05/2020 by the Supreme Court of the Tatarstan Republic). | 4,000 |
[1] Plus any tax that may be chargeable to the applicants.