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You are here: BAILII >> Databases >> European Court of Human Rights >> SELYAYEVY AND OTHERS v. RUSSIA - 41809/21 (Article 11 - Freedom of assembly and association : Third Section Committee) [2024] ECHR 393 (25 April 2024) URL: http://www.bailii.org/eu/cases/ECHR/2024/393.html Cite as: [2024] ECHR 393 |
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THIRD SECTION
CASE OF SELYAYEVY AND OTHERS v. RUSSIA
(Applications nos. 41809/21 and 39 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 Selyayevy 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:
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 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; 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.
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.
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 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)
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] | |
30/07/2021 | Dmitriy Vadimovich SELYAYEV 1996
Denis Vadimovich SELYAYEV 1993
| Aksenova Darya Dmitriyevna Kolomna | Rally "Free Navalnyy"
Moscow
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 15,000 to each applicant | Moscow City Court 16/04/2021 (in respect of Mr Denis Selyayev)
Moscow City Court 21/05/2021 (in respect of Mr Dmitriy Selyayev)
| Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings, in respect of both applicants. | 3,500
| |
02/08/2021 | Aleksandr Maksimovich POTAPOV 2002 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Moscow
02/02/2021
| article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 16/04/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 3,500 | |
02/08/2021 | Ilya Vladislavovich DMITRIYEV 1979 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Moscow
31/01/2021 | article 20.2 § 6.1 of CAO | detention for 10 days | Moscow City Court 16/03/2021 | Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report and detention at the police station on 01/02/2021 for 5 hours after 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;
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 | |
02/08/2021 | Vyacheslav Vladimirovich POPOV 1988 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Moscow
31/01/2021 | article 20.2 § 6.1 of CAO | detention for 7 days | Moscow City Court 03/02/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 5.20 p.m. on 31/01/2021 until 01/02/2021, when the applicant was taken to the Babushkinskiy District Court;
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 | |
02/08/2021 | Vladislav Romanovich ANDREYEV 1997 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Moscow
31/01/2021 | article 20.2 § 6.1 of CAO | detention for 12 days | Moscow City Court 05/02/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 3 p.m. on 31/01/2021 until 01/02/2021;
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 | |
31/07/2021 | Olga Nikolayevna ZABALUYEVA 1982 | Tykhta Vitaliy Dmitriyevich Khabarovsk | Rally to support S. Furgal
Khabarovsk
19/12/2020 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Khabarovsk Regional Court 02/02/2021 |
| 3,500 | |
03/08/2021 | Danil Faritovich IBRAGIMOV 1992 | Kabirov Rushan Rafisovich Kazan | Rally "Free Navalnyy"
Kazan
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Supreme Court of the Tatarstan Republic 24/03/2021 |
| 3,500 | |
03/08/2021 | Aygul Igorevna TUKTAROVA 1996 | Kabirov Rushan Rafisovich Kazan | Rally "Free Navalnyy"
Kazan
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Supreme Court of the Tatarstan Republic 24/03/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 2.40 p.m. on 31/01/2021 until 02/02/2021. | 4,000 | |
04/08/2021 | Inga Alanovna KELEKHSAYEVA 1995 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Moscow
31/01/2021 | article 20.2 § 6.1 of CAO | detention for 10 days | Moscow City Court 08/02/2021 | 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 | |
04/08/2021 | Anastasiya Sergeyevna ZAYTSEVA 1998 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Moscow
02/02/2021 | article 20.2 § 6.1 of CAO | detention for 5 days | Moscow City Court 18/02/2021 | Art. 5 (1) - unlawful detention - detention at the police station after compiling an offence report from 12 p.m. on 02/02/2021 until 8 p.m. on 03/02/2021;
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 | |
15/11/2021 | Vladislav Andreyevich SHULTSEV 1995 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Moscow
23/01/2021
| article 20.2 § 6.1 of CAO | fine of RUB 10,000 | 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. | 3,500 | |
15/11/2021 | Sergey Borisovich MURAVYEV 1991 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Moscow
31/01/2021 | article 20.2 § 6.1 of CAO | fine of RUB 10,000 | Moscow City Court 11/06/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 3,500 | |
15/11/2021 | Yuriy Pavlovich PASTUSHENKO 1985 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Moscow
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 21/07/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 3,500 | |
15/11/2021 | Daniil Vladimirovich KOROTOVSKIKH 1990 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Kurgan
21/04/2021 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Kurgan Regional Court 24/05/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 3,500 | |
10/11/2021 | Tatyana Yevgenyevna TERESHCHENKOVA 1984 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Ryazan
21/04/2021
| article 20.2 § 2 of CAO | fine of RUB 20,000 | Ryazan Regional Court 02/06/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 3,500 | |
18/11/2021 | Nodari Lotariyevich KHANANASHVILI 1957 | Memorial Human Rights Centre Moscow | Rally "Municipal Russia", organised by Open Russia Civic Movement
Moscow
13/03/2021 | article 20.33 of CAO | fine of RUB 15,000 | Izmaylovskiy District Court of Moscow 20/05/2021 |
| 3,500 | |
10/11/2021 | Ivan Vladimirovich TALALAYEV 1982 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Moscow
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 20,000 | Moscow City Court 11/05/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 3,500 | |
10/11/2021 | Maksim Andreyevich BOLYAVIN 1996 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Moscow
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 11/05/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 3,500 | |
18/11/2021 | Ivan Vladimirovich BAKHTINOV 1985 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Moscow
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Moscow City Court 21/05/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
| 3,500 | |
18/11/2021 | Lyubov Sergeyevna FILIPCHIK 1988 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Moscow
02/02/2021 | article 20.2 § 5 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 | |
10/11/2021 | Kirill Rodionovich IZHOV 1995 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Moscow
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 13/05/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 3,500 | |
10/11/2021 | Aleksandr Igorevich BESSMERTNYY 1997 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Moscow
31/01/2021 | article 20.2 § 6.1 of CAO | fine of RUB 10,000 | Moscow 11/05/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 3,500 | |
10/11/2021 | Zarina Ruslanova IDRISOVA 1997 | Memorial Human Rights Centre Moscow | Rally "Free Navalny"
Moscow 02/02/2021 | article 20.2 § 6.1 of CAO | detention for 5 days | Moscow City Court 11/05/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report on 02/02/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
| 5,000 | |
10/11/2021 | Yelena Vasilyevna ALENICHEVA 1973 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Moscow
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 20,000 | Moscow City Court 13/05/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 3,500 | |
26/10/2021 | Aleksandr Valeryevich TSAPKO 1999 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Rostov-on Don
21/04/2021 | article 20.2 § 6.1 of CAO | detention for 13 days | Rostov Regional Court 28/04/2021 |
| 5,000 | |
26/10/2021 | Dmitriy Aleksandrovich TSIBIREV 1986 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Saratov
21/04/2021 | article 20.2 § 8 of CAO | detention for 20 days | Saratov Regional Court 27/04/2021 | 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 | |
11/11/2021 | Aleksandr Vyacheslavovich BARYSHEV 1980 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Moscow
31/01/2021
| article 20.2 § 6.1 of CAO | fine of RUB 20,000 | Moscow City Court 11/05/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 3,500 | |
11/11/2021 | Anna Viktorovna IVANOVA-DYATLOVA 1961 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Moscow
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 13/05/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 3,500 | |
11/11/2021 | Tatyana Aleksandrovna LUKYANOVA 1971 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Moscow
02/02/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 11/05/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 3,500 | |
11/11/2021 | Lyudmila Vladimirovna DOBRYNINA 1955 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Khabarovsk
18/02/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Khabarovsk Regional Court 13/05/2021 |
| 3,500 | |
13/11/2021 | Lyubov Maksimovna KNELS 2000 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Novosibirsk
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Novosibirsk Regional Court 14/05/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 3,500 | |
18/11/2021 | Petr Sergeyevich MIRONENKO 1993 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Moscow
02/02/2021 | article 20.2 § 6.1 of CAO | fine of RUB 20,000 | 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 | |
25/11/2021 | Andrey Gennadyevich NEFEDKIN 1974 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Moscow
23/01/2021 | article 20.2 § 6.1 of CAO | detention for 7 days | Moscow City Court 07/07/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 5,000 | |
25/11/2021 | Alena Yuryevna MILANOVICH 1991 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Moscow
02/02/2021 | article 20.2 § 6.1 of CAO | fine of RUB 15,000 | Moscow City Court 27/05/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
| 3,500 | |
25/11/2021 | Aleksandra Nikolayevna SYSHCHIKOVA 1993 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Moscow
31/01/2021 | article 20.2 § 6.1 of CAO | fine of RUB 10,000 | Moscow City Court 27/05/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
| 3,500 | |
25/11/2021 | Aleksandr Vladimirovich GONTAREV 1991 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Moscow
02/02/2021 | article 20.2 § 6.1 of CAO | fine of RUB 10,000 | Moscow City Court 13/07/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
| 3,500 | |
25/11/2021 | Mariya Vladilenovna TIVIKOVA 1978 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Vladimir
21/04/2021 | article 20.2 § 5 of CAO | fine of RUB 5,000
| Vladimir Regional Court 29/07/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
| 3,500 | |
25/11/2021 | Anton Anatolyevich TAROYANTS 1998 | Memorial Human Rights Centre Moscow | Rally "Municipal Russia", organised by Open Russia Civic Movement
| article 20.33 of CAO | fine of RUB 15,000 | Izmailovskiy District Court of Moscow 28/05/2021 |
| 3,500 | |
25/11/2021 | Nikolay Vladimirovich CHAK 1987 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Khabarovsk
21/04/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Khabarovsk Regional Court 01/07/2021 |
| 3,500 | |
25/11/2021 | Vladislav Yevgenyevich MASS 1996 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Moscow
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 15/07/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 3,500 |
[1] Plus any tax that may be chargeable to the applicants.