ANTROPOV AND OTHERS v. RUSSIA - 1434/18 (Article 11 - Freedom of assembly and association : Third Section Committee) [2024] ECHR 370 (25 April 2024)

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Cite as: [2024] ECHR 370

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THIRD SECTION

CASE OF ANTROPOV AND OTHERS v. RUSSIA

(Applications nos. 1434/18 and 29 others -

see appended list)

 

 

 

 

 

 

JUDGMENT

 

STRASBOURG

25 April 2024

 

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


In the case of Antropov 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 4 April 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. Some applicants also referred to Article 10 of the Convention. The Court will examine the complaints under 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; 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 in paragraphs 11 and 13 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 the applicants' complaints as they relate to 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 finds that there is no need to examine separately the remaining complaints under Article6 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 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 25 April 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)

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 charges

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]

  1.    

1434/18

06/12/2017

Andrey Mikhaylovich ANTROPOV

1981

Zhdanov Ivan Yuryevich

Vilnius

Anti-corruption rally

 

Nizhniy Tagil

 

26/03/2017

article 20.2 § 5 of CAO

fine of RUB 10,000

Sverdlovsk Regional Court

06/06/2017

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

3,500

  1.    

10211/20

10/02/2020

Alena Aleksandrovna YURCHENKO

1996

 

 

Rally in support of I. Golunov

 

Moscow

 

12/06/2019

article 20.2 § 6.1 of CAO

fine of RUB 10,000

Moscow City Court

20/08/2019

Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 12/06/2021 for the sole purpose of drawing up an administrative-offence record (such record only drawn up on 18/06/2019)

 

4,000

  1.    

28522/21

07/05/2021

Alsu Mansurovna AKHMETOVA

1989

Shagiyeva Regina Ilgizovna

Leninigorsk

Rally in support of A. Navalnyy

 

Naberezhnye Chelny

 

23/01/2021

 

article 20.2 § 5 of CAO

fine of RUB 10,000

Supreme Court of the Tatarstan Republic

03/03/2021

Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 23/01/2021 for the sole purpose of drawing a record of administrative offence (such record compiled on 27/01/2021)

4,000

  1.    

28817/21

07/05/2021

Yekaterina Vitalyevna SAKALAVICHYS

1988

Shagiyeva Regina Ilgizovna

Leninigorsk

Rally in support of A. Navalnyy

 

Naberezhnye Chelny

 

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Supreme Court of the Tatarstan Republic

03/03/2021

Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 23/01/2021 for the sole purpose of drawing a record of administrative offence

4,000

  1.    

28821/21

07/05/2021

Neonila Nikolayevna PAVSKAYA

1992

Shagiyeva Regina Ilgizovna

Leninigorsk

Rally in support of A. Navalnyy

 

Naberezhnye Chelny

 

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Supreme Court of the Tatarstan Republic

10/03/2021

Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 23/01/2021 for the sole purpose of drawing a record of administrative offence (such record compiled on 24/01/2021)

4,000

  1.    

28822/21

07/05/2021

Lyubov Sergeyevna TETERINA

1984

Shagiyeva Regina Ilgizovna

Leninigorsk

Rally in support of A. Navalnyy

 

Naberezhnye Chelny

 

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Supreme Court of the Tatarstan Republic

03/03/2021

Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 23/01/2021 for the sole purpose of drawing a record of administrative offence

4,000

  1.    

28823/21

07/05/2021

Aydar Almazovich GABDULLIN

1987

Shagiyeva Regina Ilgizovna

Leninigorsk

Rally in support of A. Navalnyy

 

Naberezhnye Chelny

 

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Supreme Court of the Tatarstan Republic

10/03/2021

Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 23/01/2021 for the sole purpose of drawing a record of administrative offence (such record compiled on 24/01/2021)

4,000

  1.    

28837/21

07/05/2021

Yelena Igorevna KOVSHOVA

 

Shagiyeva Regina Ilgizovna

Leninigorsk

Rally in support of A. Navalnyy

 

Naberezhnye Chelny

 

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Supreme Court of the Tatarstan Republic

03/03/2021

Art. 5 (1) - unlawful detention- arrest, escorting to a police station and detention on 23/01/2021 for the sole purpose of drawing a record of administrative offence

4,000

  1.    

28839/21

07/05/2021

Polina Ildarovna ABRAROVA

2001

Shagiyeva Regina Ilgizovna

Leninigorsk

Rally in support of A. Navalnyy

 

Naberezhnye Chelny

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Supreme Court of the Tatarstan Republic

10/03/2021

Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial, after the offence record had been compiled

4,000

  1.  

29793/21

22/05/2021

Yelizaveta STERLIGOVA

1997

Gilmanov Mansur Idrisovich

Podolsk

Event in support of LGBT community

 

Moscow

 

07/10/2020

article 20.2 § 5 of CAO

fine of RUB 13,000

Moscow City Court

18/02/2021

Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 07/10/2020 for the sole purpose of drawing up a record of administrative offence;

 

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.  

30174/21

18/05/2021

Vasiliy Alekseyevich KRESTYANINOV

1997

Gilmanov Mansur Idrisovich

Podolsk

Event in support of LGBT community

 

Moscow

 

07/10/2020

article 20.2 § 5 of CAO

fine of RUB 15,000

Moscow City Court

18/02/2021

Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 07/10/2020 for the sole purpose of drawing up a record of administrative offence,

 

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.  

30179/21

15/05/2021

Darya Sergeyevna SHUVALOVA

2001

Gilmanov Mansur Idrisovich

Podolsk

Rally against constitutional amendments

 

Moscow

 

15/07/2020

article 20.2 § 6.1 of CAO

fine of RUB 10,000

Moscow City Court

16/11/2020

Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 15/07/2020 for the sole purpose of drawing up a record of administrative offence,

 

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.  

30233/21

15/05/2021

Vitaliy Aleksandrovich PETRENKO

1983

Gilmanov Mansur Idrisovich

Podolsk

Rally against the constitutional amendments

 

Moscow

 

15/07/2020

article 20.2 § 6.1 of CAO

fine of RUB 10,000

Moscow City Court

16/11/2020

Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 15/07/2020 for the sole purpose of drawing up a record of administrative offence,

 

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.  

30351/21

15/05/2021

Dmitriy Nikitich GOLIK

1983

Gilmanov Mansur Idrisovich

Podolsk

Rally against the constitutional amendments

 

Moscow

 

15/07/2020

article 20.2 § 6.1 of CAO

fine of RUB 10,000

Moscow City Court

16/11/2020

Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 15/07/2020 for the sole purpose of drawing up a record of administrative offence,

 

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.  

30425/21

15/05/2021

Nikolay Alekseyevich OZHERELYEV

1990

Gilmanov Mansur Idrisovich

Podolsk

Rally against the constitutional amendments

 

Moscow

 

15/07/2020

article 20.2 § 6.1 of CAO

fine of RUB 10,000

Moscow City Court

18/11/2020

Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 15/07/2020 for the sole purpose of drawing up a record of administrative offence,

 

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.  

30630/21

15/05/2021

Daniil Yevgenyevich ROTAR

1993

Gilmanov Mansur Idrisovich

Podolsk

Rally against constitutional amendments

 

Moscow

 

15/07/2020

article 20.2 § 6.1 of CAO

fine of RUB 10,000

Moscow City Court

16/11/2020

Art. 5 (1) - unlawful detention- arrest, escorting to a police station and detention on 15/07/2020 for the sole purpose of drawing up a record of administrative offence,

 

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.  

30809/21

18/05/2021

Aleksey Sergeyevich TYURIN

1999

Gilmanov Mansur Idrisovich

Podolsk

Rally against constitutional amendments

 

Moscow

 

15/07/2020

article 20.2 § 6.1 of CAO

fine of RUB 10,000

Moscow City Court

18/11/2020

Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 15/07/2020 for the sole purpose of drawing up a record of administrative offence,

 

 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.  

31543/21

15/05/2021

Ramis Ryazhyabovich KHISYAMETDINOV

1993

Gilmanov Mansur Idrisovich

Podolsk

Rally against constitutional amendments

 

Moscow

 

15/07/2020

article 20.2 § 6.1 of CAO

fine of RUB 10,000

Moscow City Court

16/11/2020

Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 15/07/2020 for the sole purpose of drawing up a record of administrative offence,

 

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.  

31710/21

07/06/2021

Denis Nikolayevich BALASHOV

1992

Memorial Human Rights Centre

Moscow

Rally in support of A. Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

administrative detention of 15 days

Moscow City Court

05/02/2021

Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 31/01/2021 for the sole purpose of drawing up a record of administrative offence,

 

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 on 03/02/2021 was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO

5,000

  1.  

33564/21

09/06/2021

Daniil Vadimovich DOBROYEZZHEV

1998

Shagiyeva Regina Ilgizovna

Leninigorsk

Rally in support of A. Navalnyy

 

Naberezhnye Chelny

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Supreme Court of the Tatarstan Republic

10/03/2021

Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial, after an offence record had been compiled

4,000

  1.  

33566/21

09/06/2021

Aleksandr Sergeyevich DEGTEREV

1996

Shagiyeva Regina Ilgizovna

Leninigorsk

Rally in support of A. Navalnyy

 

Naberezhnye Chelny

 

31/01/2021

article 20.2 § 5 of CAO

fine RUB 10,000

Supreme Court of the Tatarstan Republic

10/03/2021

Art. 5 (1) - unlawful detention- arrest, escorting to a police station and detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial, after an offence record had been compiled

4,000

  1.  

33570/21

09/06/2021

Svetlana Elfetovna GOLUBEVA

1978

Shagiyeva Regina Ilgizovna

Leninigorsk

Rally in support of A. Navalnyy

 

Naberezhnye Chelny

 

31/01/2021

 

article 20.2 § 5 of CAO

fine of RUB 10,000

Supreme Court of the Tatarstan Republic

10/03/2021

Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial, after an offence record had been compiled

4,000

  1.  

33607/21

09/06/2021

Nazar Marselevich GARIPOV

1996

Shagiyeva Regina Ilgizovna

Leninigorsk

Rally in support of A. Navalnyy

 

Naberezhnye Chelny

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Supreme Court of the Tatarstan Republic

10/03/2021

Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial, after an offence record had been compiled

4,000

  1.  

33608/21

09/06/2021

Sergey Anatolyevich ARZHANTSEV

1959

Shagiyeva Regina Ilgizovna

Leninigorsk

Rally in support of A. Navalnyy

 

Naberezhnye Chelny

 

31/01/2021

article 20.2 § 5 of CAO

community service of 20 hours

Supreme Court of the Tatarstan Republic

07/04/2021

 

3,500

  1.  

33611/21

09/06/2021

Ruslan Anatolyevich FOKIN

1986

Shagiyeva Regina Ilgizovna

Leninigorsk

Rally in support of A. Navalnyy

 

Naberezhnye Chelny

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Supreme Court of the Tatarstan Republic

10/03/2021

Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial, after an offence record had been compiled,

 

 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.  

58683/21

15/11/2021

Aleksandr Petrovich GUSEV

1999

Gilmanov Mansur Idrisovich

Podolsk

Opposition rally

 

Moscow

 

22/06/2020

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

29/06/2021

Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 22/06/2020 for the sole purpose of drawing up a record of administrative offence,

 

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.  

45367/22

19/08/2022

Aleksey Dmitriyevich MOSHCHENKO

2001

Baranova Nataliya Andreyevna

Moscow

Anti-war protest

 

St Petersburg

 

25/02/2022

article 20.2 § 5 of CAO

fine of RUB 15,000

St Petersburg City Court

19/04/2022

Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 25/02/2022 for the sole purpose of drawing up a record of an administrative offence,

 

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.  

45792/22

14/09/2022

Kirill Aleksandrovich SEMENOV

1990

Baranova Nataliya Andreyevna

Moscow

 

Anti-war protest

 

Moscow

 

24/02/2022

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

09/06/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station on 24/02/2022 for the sole purpose of 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.  

480/23

11/11/2022

Maksim Dmitriyevich MASYA

2002

 

 

Anti-war protest

 

Moscow

 

24/02/2022

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

13/07/2022

Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 24/02/2022, for the sole purpose of drawing up a record of administrative offence (such record complied on 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.  

1548/23

21/12/2022

Vladislav Vladimirovich VDOVIN

1968

 

 

Anti-war protest

 

Moscow

 

03/03/2022

article 20.2 § 5 of CAO

fine of RUB 15,000

Moscow City Court

25/08/2022

Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention on 03/03/2022 for the sole purpose of drawing up a record of administrative offence;

 

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


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