ABROSIMOVA AND OTHERS v. RUSSIA - 33196/22 (Article 11 - Freedom of assembly and association : Second Section Committee) [2024] ECHR 212 (14 March 2024)

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Cite as: [2024] ECHR 212

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SECOND SECTION

CASE OF ABROSIMOVA AND OTHERS v. RUSSIA

(Applications nos. 33196/22 and 29 others -

see appended list)

 

 

 

 

 

 

 

 

JUDGMENT
 

STRASBOURG

14 March 2024

 

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


In the case of Abrosimova 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 15 February 2024,

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 organisers or participants of public assemblies. Some applicants also raised other complaints under the provisions of the Convention.

THE LAW

  1. 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.

  1. 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).

  1. 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.

  1. 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); 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.

  1. 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 above, the Court considers that there is no need to deal separately with these remaining complaints.

  1. 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 these applications as they relate to the facts that took place before 16 September 2022;
  3. 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 decides that there is no need to examine separately the remaining complaints under Article 6 of the Convention;
  4. Holds that these applications disclose a breach of Article 11 of the Convention;
  5. 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);
  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 14 March 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)

No.

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 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 expense per applicant/ household

(in euros)[1]

  1.    

33196/22

06/06/2022

Marina Vladimirovna ABROSIMOVA

1967

Aleksey Vladimirovich Bushmakov

Yekaterinburg

Anti-war protest

 

Yekaterinburg

26/02/2022

article 20.2 § 5 of CAO

30 hours of community work

Sverdlovsk Regional Court

27/04/2022

 

3,500

  1.    

33202/22

06/06/2022

Viktoriya Vladimirovna DOKUCHAYEVA

2002

Aleksey Vladimirovich Bushmakov

Yekaterinburg

Anti-war protest

 

Yekaterinburg

06/03/2022

article 20.2 § 5 of CAO

35 hours of community work

Sverdlovsk Regional Court

19/05/2022

Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 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

  1.    

33205/22

06/06/2022

Margarita Sergeyevna DOKUCHAYEVA

1982

Aleksey Vladimirovich Bushmakov

Yekaterinburg

Anti-war protest

 

Yekaterinburg

06/03/2022

article 20.2 § 5 of CAO

30 hours of community work

Sverdlovsk Regional Court

19/05/2022

Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 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

  1.    

33212/22

06/06/2022

Dmitriy Sergeyevich SMIRNOV

1994

Aleksey Vladimirovich Bushmakov

Yekaterinburg

Anti-war protest

 

Yekaterinburg

26/02/2022

article 20.2 § 5 of CAO

fine of RUB 15,000

Sverdlovsk Regional Court

04/05/2022

Art. 5 (1) - unlawful detention - escorting to the police station on 26/02/2022 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

  1.    

33213/22

06/06/2022

Rustam Aukhatovich KHABIBULIN

1965

Aleksey Vladimirovich Bushmakov

Yekaterinburg

Anti-war protest

 

Yekaterinburg

26/02/2022

article 20.2 § 5 of CAO

30 hours of community work

Sverdlovsk Regional Court

11/05/2022

Art. 5 (1) - unlawful detention - escorting to the police station on 26/02/2022 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

  1.    

34952/22

27/06/2022

Danil Mikhitarovich SEMENOV

1994

Natalya Andreyevna Baranova

Moscow

Fair elections rally

 

Moscow

20/09/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

19/01/2022

Art. 5 (1) - unlawful detention - escorting to the police station on 28/09/2021 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

  1.    

36112/22

13/07/2022

Tatyana Ivanovna YESHCHEULOVA

1961

Darya Dmitriyevna Aksenova

Kolomna

Anti-war protest

 

Moscow

25/02/2022

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

13/04/2022

Art. 5 (1) - unlawful detention - escorting to the police station on 25/02/2022 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

  1.    

36352/22

13/07/2022

Leontiy Vladimirovich VLADIMIROV

1992

Darya Dmitriyevna Aksenova

Kolomna

Anti-war protest

 

Moscow

06/03/2022

article 20.2 § 6.1 of CAO

detention of 10 days

Moscow City Court

14/03/2022

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

 

5,000

  1.    

36361/22

13/07/2022

Mikhail Aleksandrovich ARANOVSKIY

1984

Darya Dmitriyevna Aksenova

Kolomna

Anti-war protest

 

Moscow

06/03/2022

article 20.2 § 6.1 of CAO

detention of 12 days

Moscow City Court

14/03/2022

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

 

5,000

  1.  

39108/22

26/07/2022

Aleksandr Yuryevich YARKIN

1996

Dmitriy Dmitriyevich Miropoltsev

Kaltan

Anti-war protest

 

Rostov-on-Don

06/03/2022

article 19.3 § 1 of CAO

detention of 15 days

Rostov Regional Court

07/04/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 06/03/2022 until 07/03/2022,

 

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 suspensive effect of an appeal under the CAO

5,000

  1.  

41854/22

19/08/2022

Aleksandra Alekseyevna ZAPOLINA

2000

 

 

Anti-war manifestation

 

Nizhniy Novgorod

06/03/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Nizhniy Novgorod Regional Court

27/04/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 06/03/2022 until 07/03/2022,

 

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

 

4,000

  1.  

43068/22

20/08/2022

Alena Vladimirovna GLAZER

1986

 

 

 

Yekaterina Vladimirovna GLAZER

1988

 

 

Anti-war protest

 

Perm

24/02/2022

 

Anti-war protest

 

Perm

24/02/2022

article 20.2 § 5 of CAO

 

 

article 20.2 § 5 of CAO

fine of RUB 5,000

 

 

 

20 hours of community work

Perm Regional Court

31/05/2022

 

 

Perm Regional Court

18/05/2022

Art. 5 (1) - unlawful detention - escorting to the police station twice on 24/02/2022 for compiling an offence report,

 

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

4,000

  1.  

43095/22

19/08/2022

Artur Kamilovich SULTANOV

1999

 

 

Anti-war protest

 

Samara

27/02/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Samara Regional Court

21/04/2022

Art. 5 (1) - unlawful detention - escorting to the police station on 27/02/2022 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

  1.  

44073/22

18/08/2022

Anna Andreyevna ANTASHKEVIC

1996

 

 

Anti-war protest

 

Krasnoyarsk

06/03/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Krasnoyarsk Regional Court

18/05/2022

Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 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

  1.  

44209/22

19/08/2022

Darya Andreyevna TEPLOUKHOVA

1995

Aleksey Vladimirovich Bushmakov

Yekaterinburg

Anti-war protest

 

Yekaterinburg

26/02/2022

article 20.2 § 5 of CAO

fine of RUB 12,000

Sverdlovsk Regional Court

15/06/2022

Art. 5 (1) - unlawful detention - escorting to the police station on 26/02/2022 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

  1.  

44220/22

19/08/2022

Yevgeniya Dmitriyevna AKSENOVA

1995

Aleksey Vladimirovich Bushmakov

Yekaterinburg

Anti-war protest

 

Yekaterinburg

26/02/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Sverdlovsk Regional Court

27/04/2022

Art. 5 (1) - unlawful detention - escorting to the police station on 26/02/2022 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

  1.  

44225/22

19/08/2022

Maksim Rustamovich KHABIBULIN

1988

Aleksey Vladimirovich Bushmakov

Yekaterinburg

Anti-war protest

 

Yekaterinburg

26/02/2022

article 20.2 § 5 of CAO

35 hours of community work

Sverdlovsk Regional Court

25/05/2022

Art. 5 (1) - unlawful detention - escorting to the police station on 26/02/2022 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

  1.  

44229/22

18/08/2022

Liliya Alekseyevna LEBED

1990

Aleksey Vladimirovich Bushmakov

Yekaterinburg

Anti-war protest

 

Yekaterinburg

26/02/2022

article 20.2 § 5 of CAO

30 hours of community work

Sverdlovsk Regional Court

08/06/2022

Art. 5 (1) - unlawful detention - escorting to the police station on 26/02/2022 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

  1.  

44263/22

19/08/2022

Ilya Vasilyevich FEDOROV

2001

Aleksey Vladimirovich Bushmakov

Yekaterinburg

Anti-war protest

 

Yekaterinburg

06/03/2022

article 20.2 § 5 of CAO

30 hours of community work

Sverdlovsk Regional Court

29/06/2022

Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 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

  1.  

44558/22

30/08/2022

Aleksandr Vladimirovich KISELEV

1959

Darya Dmitriyevna Aksenova

Kolomna

Anti-war protest

 

Moscow

27/02/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

03/08/2022

Art. 5 (1) - unlawful detention - escorting to the police station on 27/02/2022 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

  1.  

45167/22

05/09/2022

Sergey Alekseyevich SHISHKOV

1984

Viktor Valeryevich Kochenkov

Izhevsk

Anti-war protest

 

Izhevsk

27/02/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Supreme Court of the Udmurtia Republic

08/06/2022

Art. 5 (1) - unlawful detention - escorting to the police station on 27/02/2022 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

  1.  

45577/22

05/09/2022

Timur Ilgizovich YAGFAROV

1994

Viktor Valeryevich Kochenkov

Izhevsk

Anti-war protest

 

Izhevsk

27/02/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Supreme Court of the Udmurtia Republic

15/06/2022

Art. 5 (1) - unlawful detention - escorting to the police station on 27/02/2022 for compiling an offence report

 

4,000

  1.  

46433/22

15/09/2022

Nina Sergeyevna VASHCHENKO

2001

Darya Dmitriyevna Aksenova

Kolomna

Anti-war protest

 

Moscow

06/03/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

13/07/2022

Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 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

  1.  

46437/22

15/09/2022

Alisa Byern MARK

2001

Darya Dmitriyevna Aksenova

Kolomna

Anti-war protest

 

Moscow

06/03/2022

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

21/07/2022

Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 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

  1.  

47522/22

08/09/2022

Stepan Alekseyevich SEMENOV

1998

Viktor Valeryevich Kochenkov

Izhevsk

Anti-war protest

 

Izhevsk

24/02/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Supreme Court of the Udmurtia Republic

15/07/2022

Art. 5 (1) - unlawful detention - escorting to the police station on 24/02/2022 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

  1.  

47534/22

10/09/2022

Roman Nikolayevich VESELKOV

1988

Viktor Valeryevich Kochenkov

Izhevsk

Anti-war protest

 

Izhevsk

24/02/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Supreme Court of the Udmurtia Republic

06/06/2022

Art. 5 (1) - unlawful detention - escorting to the police station on 24/02/2022 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

  1.  

50245/22

14/10/2022

Sergey Alekseyevich IVANOV

1992

 

 

Anti-war protest

 

Moscow

24/02/2022

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

15/06/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 24/02/2022 until 25/02/2022,

 

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

4,000

  1.  

51460/22

23/10/2022

Valeriya Gavrilovna DANILOVA

2001

 

Anti-war protest

 

Moscow

06/03/2022

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

23/06/2022

Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 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

  1.  

54276/22

12/10/2022

Svetlana Anatolyevna VISELSKAYA

1984

 

Anti-war protest

 

Moscow

26/02/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

15/06/2022

Art. 5 (1) - unlawful detention - escorting to the police station on 26/02/2022 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

  1.  

32269/23

07/08/2023

Nikolay Konstantinovich GAVRILOV

1992

 

 

Anti-war protest

 

Moscow

06/03/2022

article 20.2 § 8 of CAO

fine of RUB 10,000

Moscow City Court

07/04/2023

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 06/03/2022 until 07/03/2022

 

4,000

 

 


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


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