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You are here: BAILII >> Databases >> European Court of Human Rights >> KOSHKINA AND OTHERS v. RUSSIA - 38676/21 (Article 11 - Freedom of assembly and association : Fifth Section Committee) [2024] ECHR 438 (16 May 2024) URL: http://www.bailii.org/eu/cases/ECHR/2024/438.html Cite as: [2024] ECHR 438 |
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FIFTH SECTION
CASE OF KOSHKINA AND OTHERS v. RUSSIA
(Applications nos. 38676/21 and 17 others -
see appended list)
JUDGMENT
STRASBOURG
16 May 2024
This judgment is final but it may be subject to editorial revision.
In the case of Koshkina and Others v. Russia,
The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:
María Elósegui, President,
Mattias Guyomar,
Kateřina Šimáčková, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 18 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. They 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 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 16 May 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina María Elósegui
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] | |
15/07/2021 | Tatyana Vladimirovna KOSHKINA 1952 | 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 16/04/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station, 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 | 4,000 | |
02/12/2021 | Tatyana Yuryevna BEZBORODOVA 1995 | Aksenova Darya Dmitriyevna Kolomna | Rally "Free Navalnyy"
Moscow
31/01/2021 | article 20.2 § 6.1 of CAO | fine of RUB 20,000 | Moscow City Court 21/06/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station on 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 | 4,000 | |
30/12/2021 | Ivan Viktorovich PROSKURIN 1985 | Zhdanov Ivan Yuryevich Vilnius | Gathering in support of A. Navalnyy
Moscow
02/02/2021
| article 20.2 § 5 of CAO | fine of RUB 15,000 | Moscow City Court 19/08/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to and detention at the police station on 02/02/2021 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 | 4,000 | |
22/12/2021 | Yegor Leonidovich DOROZHKIN 1989 | Valenkov Andrey Olegovich Nizhniy Novgorod | Rally "Free Navalnyy"
Nizhniy Novgorod
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Nizhniy Novgorod Regional Court 21/07/2021 | Art. 5 (1) - unlawful detention - arrest, delayed escorting to the police station, 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 | 4,000 | |
30/12/2021 | Aleksey Sergeyevich ARUTYUNOV 1980 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Moscow
02/02/2021 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Moscow City Court 03/08/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to and detention at the police station on 02/02/2021 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 | 4,000 | |
30/12/2021 | Yevgeniya Vasilyevna BORISOVA 1955 | 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 15/07/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station on 23/01/2021 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 | 4,000 | |
30/12/2021 | Aleksey Andreyevich RYABENKO 2001 | 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 05/07/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 23/01/2021 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 | 4,000 | |
30/12/2021 | Aleksey Gennadyevich BUZANOV 1984 | Kochenkov Viktor Valeryevich Izhevsk | Rally "Free Navalnyy"
Izhevsk
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Supreme Court of the Udmurtia Republic 30/06/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 3,500 | |
29/12/2021 | Yegor Maksimovich FESHCHISHIN 2003 | Solovyev Leonid Alekseyevich Moscow | Event for fair elections
Moscow
22/09/2021 | article 19.3 § 1 of CAO | administrative detention of 10 days | Moscow City Court 27/09/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to and detention at the police station between 22/09/2021 and 23/09/2021 as administrative suspect, pending trial, and 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 | 5,000 | |
24/12/2021 | Pavel Vladimirovich SADIKOV 1971 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Moscow
21/04/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 29/07/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to and detention at the police station on 28/04/2021 for the sole purpose of drawing up a record of administrative offence in respect of the rally of 21/04/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
24/12/2021 | Vasiliy Yevgenyevich MASLOV 1997 | 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 07/07/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station 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 | 4,000 | |
24/12/2021 | Mikhail Aleksandrovich MATROSOV 1987 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Moscow
31/01/2021 | article 20.2 § 6.1 of CAO | fine of RUB 15,000 | Moscow City Court 29/06/2021 | Art. 5 (1) - unlawful detention - arrest, delayed escorting to a police station, detention between 31/01/2021 and 01/02/2021 as administrative suspect, pending trial and after the 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 | |
24/12/2021 | Bashir Aliaskhabovich KURBANOV 1984 | 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 25/06/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station 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 | 4,000 | |
13/01/2022 | Aleksandr Sergeyevich GALKIN 1991 | Valenkov Andrey Olegovich Nizhniy Novgorod | Rally "Free Navalnyy"
Nizhniy Novgorod
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Nizhniy Novgorod Regional Court 14/07/2021 | Art. 5 (1) - unlawful detention - arrest, delayed escorting to a police station, 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 | 4,000 | |
22/01/2022 | Roman Maksimovich SHTEYN 1987 | Valenkov Andrey Olegovich Nizhniy Novgorod | Rally "Free Navalnyy"
Nizhniy Novgorod
31/01/2021
| article 20.2 § 5 of CAO | fine of RUB 10,000 | Nizhniy Novgorod Regional Court 24/06/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station, 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 | 4,000 | |
31/01/2022 | Nikita Anatolyevich SHULGA 1995 | Zhdanov Ivan Yuryevich Vilnius | Rally "Free Navalnyy"
Moscow
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Moscow City Court 19/08/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to and detention at the police station on 31/01/2021 for the sole purpose of drawing up a record of administrative offence
| 4,000 | |
19/03/2022 | Aleksandr Ivanovich IVANOV 1995 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Moscow
31/01/2021 | article 20.2 § 6.1 of CAO | fine of RUB 15,000 | Moscow City Court 21/09/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention between 31/01/2021 to 01/02/2021 as administrative suspect, pending trial, and after the offence report 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 | |
07/03/2022 | Grigoriy Ivanovich VERSHININ 1990 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Perm
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Perm Regional Court 08/09/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to the police station 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 | 4,000 |
[1] Plus any tax that may be chargeable to the applicants.