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You are here: BAILII >> Databases >> European Court of Human Rights >> MIZILIN AND OTHERS v. RUSSIA - 50064/18 (Judgment : Article 11 - Freedom of assembly and association : Fourth Section Committee) [2023] ECHR 449 (01 June 2023)
URL: http://www.bailii.org/eu/cases/ECHR/2023/449.html
Cite as: ECLI:CE:ECHR:2023:0601JUD005006418, CE:ECHR:2023:0601JUD005006418, [2023] ECHR 449

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FOURTH SECTION

CASE OF MIZILIN AND OTHERS v. RUSSIA

(Applications nos. 50064/18 and 26 others –

see appended list)

 

 

 

 

 

 

JUDGMENT

STRASBOURG

1 June 2023

 

This judgment is final but it may be subject to editorial revision.


In the case of Mizilin and Others v. Russia,


The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:

          Faris Vehabović, President,
          Armen Harutyunyan,
          Anja Seibert-Fohr, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,


Having deliberated in private on 11 May 2023,


Delivers the following judgment, which was adopted on that date:

PROCEDURE


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 participants of nationwide protests that took place in various Russian cities on 5 May 2018 before Vladimir Putin’s inauguration for the fourth presidential term. Some applicants also raised other complaints under the provisions of the Convention.

THE LAW

I.        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.

II.     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).

III.   ALLEGED VIOLATION OF ARTICLE 11 OF THE CONVENTION


7.  The applicants complained principally of disproportionate measures taken against them as 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.

IV.  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, §§ 61-65, 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”).

V.     REMAINING COMPLAINTS


14.  Some applicants raised further complaints under Article 6 of the Convention concerning fairness of the administrative-offence proceedings. In view of the findings in paragraphs 11 and 13 above, the Court considers that there is no need to deal separately with these remaining complaints.

VI.  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,

1.      Decides to join the applications;

2.    Holds that it has jurisdiction to deal with the applicants’ complaints as they relate to facts that took place before 16 September 2022;

3.    Declares the complaints under Articles 11 of the Convention and the other complaints under 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;

4.    Holds that these complaints disclose a breach of Article 11 of the Convention;

5.      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 the appended table);

6.      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 1 June 2023, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

      Viktoriya Maradudina                                             Faris Vehabović
    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)

No.

Application no.

Date of introduction

Applicant’s name

Year of birth

 

Representative’s name and location

Location of the public event

 

Administrative charges

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]

 

50064/18

10/10/2018

Igor Aleksandrovich MIZILIN

1990

Zhdanov

Ivan

Yuryevich

Vilnius

Voronezh

 

 

Article 20.2 § 5 of CAO

fine of

RUB 10,000

Voronezh Regional Court

19/06/2018

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 5 of CAO.

 

 

3,500

 

54135/18

02/11/2018

Alisa

Dmitriyevna MASLOVA

1998

Antokhin

Yevgeniy Vyacheslavovich

Moscow

Moscow

 

 

Article 20.2 § 5 of CAO

fine of

RUB 20,000

Moscow

City Court

18/09/2018

Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station for compiling an offence report (arrested at 4.50 p.m., brought to the police station at 5.30 p.m. and released at 11.40 p.m. 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 under Article 20.2 § 5 of CAO.

 

 

4,000

 

6674/19

21/01/2019

Alla

Nikolayevna NOVICHENKO

1968

Zhdanov

Ivan

Yuryevich

Vilnius

Ivanovo

 

 

Article 20.2 § 5 of CAO

fine of

RUB 10,000

Ivanovo Regional Court

21/08/2018

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 5 of CAO.

3,500

 

6719/19

21/01/2019

Petr

Ivanovich

ZUEV

1946

Zhdanov

Ivan

Yuryevich

Vilnius

Kaliningrad

 

 

Article 20.2 § 8 of CAO

40 hours of community work

Kaliningrad Regional Court

16/08/2018

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 8 of CAO.

3,500

 

6730/19

21/01/2019

Anton Aleksandrovich SEMENOV

1995

Zhdanov

Ivan

Yuryevich

Vilnius

Moscow

 

 

Article 19.3 § 1 of CAO

fine of

RUB 1,000

Moscow

City Court

06/09/2018

Art. 5 (1) - unlawful deprivation of liberty - escorting to and detention at the police station in excess of three hours after the offence report was compiled (arrested at 3.50 p.m. and brought to the police station at 4.50 p.m. on 05/05/2018, released at 8 a.m. on 07/05/2018);

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 19.3 § 1 of CAO.

4,000

 

6949/19

21/01/2019

Oleg

Viktorovich KISELEV

1976

Zhdanov

Ivan

Yuryevich

Vilnius

Vladimir

 

 

Article 20.2 § 5 of CAO

fine of

 RUB 5,000

Vladimir Regional Court

04/09/2018

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 5 of CAO.

3,500

 

6975/19

21/01/2019

Aleksey Andreyevich IZMAYLOV

1998

Zhdanov

Ivan

Yuryevich

Vilnius

Vladimir

 

 

Article 20.2 § 5 of CAO

fine of

RUB 5,000

Vladimir Regional Court

04/09/2018

 

3,500

 

7043/19

21/01/2019

Artem Alekseyevich GORDEYEV

1979

Zhdanov

Ivan

Yuryevich

Vilnius

Saratov

Article 20.2 § 5 of CAO

fine of

RUB 13,000

Saratov Regional Court

23/07/2018

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 5 of CAO.

3,500

 

7335/19

21/01/2019

Talgat

Ulfatovich SADYKOV

1957

Zhdanov

Ivan

Yuryevich

Vilnius

Smolensk

 

 

Article 20.2 § 5 of CAO

fine of

RUB 5,000

Smolensk Regional Court

08/08/2018

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 5 of CAO.

3,500

 

7391/19

21/01/2019

Ivan

Dmitriyevich MISHUTIN

1990

Zhdanov

Ivan

Yuryevich

Vilnius

Moscow

 

 

Article 19.3 § 1 of CAO

fine of

RUB 1,000

Moscow

City Court

12/09/2018

Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station for compiling an offence report (arrested at 6.45 p.m., brought to the police station at 7.05 p.m. on 05/05/2018; released at 12.05 a.m. on 06/05/2018);

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 19.3 § 1 of CAO.

4,000

 

7394/19

21/01/2019

Darya

Dmitriyevna NOSOVA

1999

Zhdanov

Ivan

Yuryevich

Vilnius

Vladimir

 

 

Article 20.2 § 5 of CAO

fine of

RUB 5,000

Vladimir Regional Court

11/09/2018

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 5 of CAO.

 

3,500

 

7419/19

21/01/2019

Lyubov Vladimirovna RUBLEVA

1978

Zhdanov

Ivan

Yuryevich

Vilnius

Vladimir

 

 

Article 20.2 § 5 of CAO

fine of

RUB 5,000

Vladimir 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 under Article 20.2 § 5 of CAO.

3,500

 

7421/19

21/01/2019

Tatyana

Petrovna BOZHENOVA

1957

Zhdanov

Ivan

Yuryevich

Vilnius

Kaliningrad

 

 

Article 20.2 § 5 of CAO

fine of

RUB 10,000

Kaliningrad 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 under Article 20.2 § 5 of CAO.

3,500

 

7694/19

22/01/2019

Dmitriy Andreyevich SVITNEV

1996

Popkov

Aleksandr Vasilyevich

Sochi

Krasnodar

 

 

Article 20.2 § 5 of CAO

fine of

RUB 10,000

Krasnodar Regional Court

25/07/2018

 

3,500

 

7697/19

22/01/2019

Nikolay Sergeyevich SAPRYKIN

1984

Popkov

Aleksandr Vasilyevich

Sochi

Krasnodar

 

 

Article 20.2 § 5 of CAO

fine of

RUB 10,000

Krasnodar Regional Court

31/07/2018

 

3,500

 

7831/19

16/01/2019

Khachatur Vitalyevich KUCHYUKYAN

1992

Vasin

Vladimir Valeryevich

Krasnoyarsk

Krasnoyarsk

 

 

Article 20.2 § 5 of CAO

35 hours of community work

Krasnoyarsk Regional Court

19/07/2018

Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station for compiling an offence report (arrested at 2.30 p.m., brought to the police station at 3.15 p.m., released at 6 p.m. 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 under Article 20.2 § 5 of CAO.

4,000

 

8221/19

21/01/2019

Sergey Leonidovich KUKHARETS

1993

Zhdanov

Ivan

Yuryevich

Vilnius

Vladimir

 

 

Article 20.2 § 5 of CAO

fine of

RUB 5,000

Vladimir Regional Court

11/09/2018

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 5 of CAO.

3,500

 

8235/19

21/01/2019

Mariya Gennadyevna PETUKHOVA

1984

Zhdanov

Ivan

Yuryevich

Vilnius

Kaliningrad

 

 

Article 20.2 § 8 of CAO

fine of

RUB 200,000

Kaliningrad Regional Court

09/08/2018

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 8 of CAO.

 

6,000

 

8796/19

21/01/2019

Andrey Vladimirovich BUGAYEV

1996

Zhdanov

Ivan

Yuryevich

Vilnius

Krasnoyarsk

 

 

Article 20.2 § 5 of CAO

35 hours of community work

Krasnoyarsk Regional Court

20/09/2018

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 5 of CAO.

3,500

 

8810/19

30/01/2019

Svyatoslav Igorevich ZISMAN-MALER

1986

Nisanbekova

Elza

Rinatovna

Kazan

Moscow

 

 

Article 20.2

§ 6.1 of CAO

fine of

RUB 10,000

Moscow

City Court

30/07/2018

Art. 5 (1) - unlawful deprivation of liberty - escorting to and detention at the police station in excess of three hours after the offence report was compiled (arrested at 2.40 p.m., brought to the police station at 3 p.m. on 05/05/2018; released at 10 a.m. on 07/05/2018);

 

 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 6.1 of CAO.

 

 

4,000

 

8891/19

01/02/2019

Ilya

Yevgenyevich ZHILTSOV

1993

Pomazuyev Aleksandr Yevgenyevich

Vilnius

Moscow

 

 

Article 19.3 § 1 of CAO

fine of

RUB 1,000

Moscow

City Court

06/09/2018

Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station for compiling an offence report (arrested at 6.30 p.m., brought to the police station at 8.30 p.m. on 05/05/2018; released at 12.00 a.m. on 06/05/2018);

 

 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 19.3 § 1 of CAO.

4,000

 

8966/19

26/01/2019

Nikita Mikhaylovich GOLOVASHKIN

1995

Charskiy

Vladimir Valentinovich

Saratov

Saratov

 

 

Article 20.2

§ 6.1 of CAO

detention for

2 days

Saratov Regional Court

26/07/2018

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 6.1 of CAO.

 

4,000

 

21185/19

07/04/2019

Aleksandr Valentinovich BOBUROV

1972

Memorial Human Rights Centre

Moscow

Moscow

 

 

Article 20.2 § 5 of CAO

fine of

RUB 10,000

Moscow

City Court

18/01/2019

Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station for compiling an offence report (arrested at 2.25 p.m., brought to the police station at 3 p.m., released at 5.20 p.m. 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 under Article 20.2 § 5 of CAO.

4,000

 

47516/19

26/08/2019

Liliya

Valeryevna SADAKOVA

1995

Zboroshenko Nikolay Sergeyevich

Mytishchi

Kirov

 

 

Article 20.2 § 5 of CAO

fine of

 RUB 15,000

Kirov Regional Court

05/03/2019

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 5 of CAO.

3,500

 

49646/19

18/09/2019

Levon

Leonidovich SMIRNOV

1978

Memorial Human Rights Centre

Moscow

Moscow

 

 

Article 20.2 § 5 of CAO

fine of

RUB 10,000

Moscow

City Court

08/04/2019

Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station for compiling an offence report (arrested at 2.50 p.m., brought to the police station at 6 p.m., released at 9 p.m. 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 under Article 20.2 § 5 of CAO.

4,000

 

55941/19

11/10/2019

Ivan Aleksandrovich MAKACHKA

1995

Memorial Human Rights Centre

Moscow

Moscow

 

 

Article 20.2 § 5 of CAO

fine of

RUB 15,000

Moscow

City Court

12/04/2019

Art. 5 (1) - unlawful deprivation of liberty - escorting to the police station for compiling an offence report (arrested at 5 p.m. and brought to the police station at 6.10 p.m. on 05/05/2018, released at 7.10 a.m. on 06/05/2018);

 

 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 5 of CAO.

4,000

 

64256/19

04/12/2019

Anna

Sergeyevna STRIGA

1994

Vasin

Vladimir Valeryevich

Krasnoyarsk

Krasnoyarsk

 

 

Article 20.2 § 5 of CAO

fine of

 RUB 10,000

Krasnoyarsk Regional Court

06/06/2019

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings under Article 20.2 § 5 of CAO.

 

3,500

 

 



[1] Plus any tax that may be chargeable to the applicants.


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