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You are here: BAILII >> Databases >> European Court of Human Rights >> KANYGIN AND OTHERS v. RUSSIA - 49997/21 (Article 11 - Freedom of assembly and association : Third Section Committee) [2024] ECHR 242 (21 March 2024) URL: http://www.bailii.org/eu/cases/ECHR/2024/242.html Cite as: [2024] ECHR 242 |
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THIRD SECTION
CASE OF KANYGIN AND OTHERS v. RUSSIA
(Applications nos. 49997/21 and 20 others -
see appended list)
JUDGMENT
STRASBOURG
21 March 2024
This judgment is final but it may be subject to editorial revision.
In the case of Kanygin and Others v. Russia,
The European Court of Human Rights (Third Section), sitting as a Committee composed of:
Peeter Roosma, President,
Ioannis Ktistakis,
Andreas Zünd, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 22 February 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
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, 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, §§ 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; 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).
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 in the above paragraphs, the Court considers that there is no need to deal separately with these remaining 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 21 March 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Peeter Roosma
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] | |
27/09/2021 | Yuriy Alekseyevich KANYGIN 1989 | Martynova Tatyana Georgiyevna Pskov | Rally "Free Navalnyy"
Pskov
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 12,000 | Pskov Regional Court 29/03/2021 | Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 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 | |
01/10/2021 | Yekaterina Aleksandrovna SHISHKOVA 2002 | Sirosh Fedor Yevgenyevich Moscow | Rally "Free Navalnyy"
Moscow
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 02/04/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceeding;
Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 for compiling an offence report | 4,000 | |
01/10/2021 | Kirill Filippovich BLEKVARD 1990 | Sirosh Fedor Yevgenyevich Moscow | Rally "Free Navalnyy"
Moscow
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 16,000 | Moscow City Court 02/04/2021 | Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 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 | |
01/10/2021 | Artur Petrovich ZHDANOV 1987 | Sirosh Fedor Yevgenyevich Moscow | Rally "Free Navalnyy"
Moscow
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Moscow City Court 02/04/2021 | 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 - escorting to the police station on 23/01/2021 for compiling an offence report | 4,000 | |
01/10/2021 | Anna Sergeyevna POPKOVA 2000 | Nurgaleyev Danil Ilnurovich Kazan | Rally "Free Navalnyy"
Kazan
31/01/2021 | article 20.2 § 6.1 of CAO | fine of RUB 10,000 | Supreme Court of the Tatarstan Republic 07/04/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 3,500 | |
01/10/2021 | Alevtina Feliksovna SYNTINA 1999 | Nurgaleyev Danil Ilnurovich Kazan | Rally "Free Navalnyy"
Kazan
31/01/2021 | article 20.2 § 6.1 of CAO | fine of RUB 10,000 | Supreme Court of the Tatarstan Republic 05/05/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
| 3,500 | |
06/10/2021 | Nikita Igorevich FIRSOV 1990 | Zinovyev Konstantin Mikhaylovich Nizhniy Novgorod | Rally "Free Navalnyy"
Dzerzhinsk
31/01/2021 | article 20.2 § 2 of CAO | fine of RUB 25,000 | Nizhniy Novgorod Regional Court 07/04/2021 | 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 - escorting to and detention at the police station after compiling an offence report from 12.30 p.m. until 7.45 p.m. on 31/01/2021 | 4,000 | |
07/10/2021 | Nikita Alekseyevich MITROFANOV 1995 | Usanova Olimpiada Valentinovna Nizhniy Novgorod | Rally "Free Navalnyy"
Nizhniy Novgorod
31/01/2021 | article 20.2 § 6.1 of CAO | fine of RUB 10,000 | Nizhniy Novgorod Regional Court 07/04/2021 | 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 - escorting to and detention at the police station after compiling an offence report from 12.40 p.m. on 31/01/2021 until 1.30 p.m. on 01/02/2021 | 4,000 | |
20/10/2021 | Dmitriy Sergeyevich TELESHENKO 1993 | Dimitriyev Dmitriy Sergeyevich Orenburg | Rally "Free Navalnyy"
Orenburg
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Orenburg Regional Court 20/04/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
| 3,500 | |
08/11/2021 | Stepan Viktorovich BOCHKAREV 1977 | Eysmont Mariya Olegovna Moscow | Rally "Free Navalnyy"
Moscow
31/01/2021 | article 20.2 § 6.1 of CAO | detention for 5 days | Moscow City Court 17/05/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 5,000 | |
08/11/2021 | Polina Alekseyevna KURILO 1995 | Eysmont Mariya Olegovna Moscow | Rally "Free Navalnyy"
Moscow
31/01/2021 | article 20.2 § 6.1 of CAO | fine of RUB 10,000 | Moscow City Court 19/05/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 3,500 | |
27/10/2021 | Ioanna Vladimirovna MAYATSKAYA 2002 | Polyakov Daniil Alekseyevich Voronezh | Rally "Free Navalnyy"
Voronezh
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Voronezh Regional Court 28/04/2021 | 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 - escorting to the police station on 31/01/2021 for compiling an offence report | 4,000 | |
28/10/2021 | Pavel Vasilyevich STEPANOV 1983 | Kosnyrev Vladislav Vladimirovich Syktyvkar | Rally "Free Navalnyy"
Syktyvkar
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Komi Supreme Court 28/04/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 3,500 | |
27/10/2021 | Asya Fedorovna SHULBAYEVA 1957 | Pryanishnikov Aleksey Aleksandrovich Tomsk | Rally "Free Navalnyy"
Tomsk
21/04/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Tomsk Regional Court 02/07/2021 | Art. 5 (1) - unlawful detention - escorting to the police station on 21/04/2021 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 | |
04/11/2021 | Aleksey Olegovich YELDASHEV 1996 | Mikhaylova Varvara Dmitriyevna St Petersburg | Rally "Free Navalnyy"
Kazan
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Supreme Court of the Tatarstan Republic 05/05/2021 | Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 for compiling an offence report
| 4,000 | |
23/10/2021 | Mikhail Andreyevich VORONCHIKHIN 1989 | 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 - escorting to the police station on 23/01/2021 for compiling an offence report | 4,000 | |
23/10/2021 | Sergey Vyacheslavovich MITROFANOV 1995 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Voronezh
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 12,000 | Voronezh Regional Court 28/05/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 2.20 p.m. until 7.50 p.m. on 31/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
29/10/2021 | Nikolay Vladimirovich MESHCHANOV 1989 | Vasilyev Aleksey Alekseyevich Moscow | Rally "Free Navalnyy"
Moscow
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 20,000 | Moscow City Court 28/04/2021 (the full text of the decision received several days later)
| Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 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 | |
28/10/2021 | Kristina Vyacheslavovna NUDNER 1996 | Vasilyev Aleksey Alekseyevich Moscow | 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. 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 - escorting to the police station on 23/01/2021 for compiling an offence report | 4,000 | |
08/11/2021 | Roman Igorevich KLIMOV 1986 | Kapishnikov Vladimir Sergeyevich Orel | Rally "Free Navalnyy"
Orel
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Orel Regional Court 30/07/2021 |
| 3,500 | |
14/11/2021 | Khurshed Akhmedovich AMINOV 1988 | Eysmont Mariya Olegovna Moscow | Rally "Free Navalnyy"
Moscow
31/01/2021 | article 20.2 § 6.1 of CAO | fine of RUB 10,000 | Moscow City Court 19/05/2021 | 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 - escorting to the police station on 31/01/2021 for compiling an offence report | 4,000 |
[1] Plus any tax that may be chargeable to the applicants.
