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You are here: BAILII >> Databases >> European Court of Human Rights >> KELLER AND OTHERS v. RUSSIA - 57352/21 (Article 11 - Freedom of assembly and association : First Section Committee) [2024] ECHR 484 (06 June 2024) URL: http://www.bailii.org/eu/cases/ECHR/2024/484.html Cite as: [2024] ECHR 484 |
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FIRST SECTION
CASE OF KELLER AND OTHERS v. RUSSIA
(Applications nos. 57352/21 and 18 others -
see appended list)
JUDGMENT
STRASBOURG
6 June 2024
This judgment is final but it may be subject to editorial revision.
In the case of Keller and Others v. Russia,
The European Court of Human Rights (First Section), sitting as a Committee composed of:
Lətif Hüseynov, President,
Ivana Jelić,
Erik Wennerström, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 16 May 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 (the CAO); Glukhin v. Russia, no. 11519/20, 4 July 2023, concerning use of facial recognition technology by police; Novikova and Others v. Russia, nos. 25501/07 and 4 others, 26 April 2016, concerning disproportionate measures against solo demonstrators; 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 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 6 June 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Lətif Hüseynov
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] | |
08/11/2021 | Vladislav Igorevich KELLER 2001 | Bochilo Anna Yevgenyevna Barnaul | Rally "Free Navalnyy"
Barnaul
21/04/2021 | article 20.2 § 2 of CAO | 30 hours of community work | Altay Regional Court 14/07/2021 | Art. 10 (1) - conviction for making calls to participate in public events - calls to participate in anti-war rally made on social network Telegram / 25/02/2022 / Article 20.2. § 8 / Altay Regional Court, 12/05/2022 / detention for 2 days,
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 (in the proceedings concerning the events of 25/02/2022) | 5,000 | |
03/12/2021 | Nikolay Aleksandrovich GORELOV 1985 | Bontsler Mariya Vladimirovna Kaliningrad | Rally "Free Navalnyy"
Kaliningrad
21/04/2021 | article 20.2 § 5 of CAO | fine of RUB 12,000 | Kaliningrad Regional Court 19/10/2021 |
| 3,500 | |
27/01/2022 | Yuliya Olegovna KONSTANTINOVA 1985 | Vasin Vladimir Valeryevich Krasnoyarsk | Opposition rally
Krasnoyarsk
21/06/2020 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Krasnoyarsk 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 | |
21/01/2022 | Aleksey Nikolayevich GRISHIN 1981 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Tambov
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Tambov Regional 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,
Art. 8 (2) - restrictions on the right to private life of participants in public assemblies - facial recognition and identification of the applicant | 5,000 | |
04/02/2022 | Lyudmila Nikolayevna KALINYCHEVA 1954 | Sozonov Ruslan Vladimirovich 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 04/08/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between noon and 9.00 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 | |
10/02/2022 | Yevdokiya Konstantinovna KALYAKINA 1962 | 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 11/08/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between noon and 6.50 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 | |
03/02/2022 | Daniil Stanislavovich USTINOV 1999 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Moscow
05/02/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 19/08/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 1.30 p.m. and 8.00 p.m. on 05/02/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
28/02/2022 | Fedor Sergeyevich DANSHIN 2002 | Prosvirkina Kseniya Dmitriyevna Moscow | Rally "Free Navalnyy"
Belgorod
21/04/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Belgorod Regional Court 30/08/2021 | Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record on 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 | |
25/03/2022 | Aleksandr Sergeyevich FIRSOV 1983 |
| Rally "Free Navalnyy"
Moscow
02/02/2021
Rally "Free Navalnyy"
Moscow
21/04/2021
Anti-war rally
Moscow
24/02/2022 | article 20.2 § 5 of CAO
article 20.2 § 5 of CAO
article 20.2 § 8 of CAO | fine of RUB 10,000
fine of RUB 15,000
detention for 16 days | Moscow City Court 15/12/2021
Moscow City Court 11/10/2021
Moscow City Court 17/03/2022 | Art. 5 (1) - unlawful detention - escorting to and the detention at the police station for compiling an offence record between: noon and 8.30 p.m. on 02/02/2021; at 6.40 p.m. on 24/02/2022 and at 4.30 p.m. on 03/03/2022; escorting to the police station on 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 - in all three sets of administrative proceedings (concerning the events of 02/02/2021; 21/04/2021; 24/02/2022),
Art. 8 (2) - restrictions on the right to private life of participants in public assemblies - use of photo and video materials made by police during the rally to identify and charge the applicant with an administrative offence (in connection with events of 21/04/2021),
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the 30-day 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, whereas the appeal court changed his sentence to 16-days' detention.
| 6,000 | |
06/06/2022 | Nataliya Yuryevna GORDO 1967 | Bushmakov Aleksey Vladimirovich Yekaterinburg | Anti-war rally
Yekaterinburg
24/02/2022 | article 20.2 § 2 of CAO | fine of RUB 30,000 | Sverdlovsk Regional Court 28/04/2022 | Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record on 24/02/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - | 4,000 | |
06/06/2022 | Yelizaveta Viktorovna PALKINA 1997 | Bushmakov Aleksey Vladimirovich Yekaterinburg | Anti-war rally
Yekaterinburg
26/02/2022 | article 20.2 § 5 of CAO | 30 hours of community work | Sverdlovsk Regional Court 27/04/2022 | Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record on 26/02/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
06/06/2022 | Aleksandra Andreyevna KRYLOVA 2002 | Bushmakov Aleksey Vladimirovich Yekaterinburg | Anti-war rally
Yekaterinburg
24/02/2022 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Sverdlovsk Regional Court 27/04/2022 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record on 24/02/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
06/06/2022 | Yevgeniy Igorevich UFIMTSEV 1998 | Bushmakov Aleksey Vladimirovich Yekaterinburg | Anti-war rally
Yekaterinburg
03/03/2022 | article 20.2 § 5 of CAO | 30 hours of community work | Sverdlovsk Regional Court 27/04/2022 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record on 03/03/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
20/06/2022 | Yegor Nikolayevich YERMAKOV 1995 | Podolskiy Sergey Viktorovich St Petersburg | Anti-war rally
St Petersburg
06/03/2022 | article 20.2 § 6.1 of CAO | detention for 2 days | St Petersburg City Court 24/03/2022 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 1.50 pm. on 06/03/2022 and 1.15 p.m. on 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 | |
12/08/2022 | Andrey Anatolyevich ISAKOV 1959 | Kosnyrev Vladislav Vladimirovich Syktyvkar | Anti-war rally
Syktyvkar
24/02/2022 | article 20.2 § 8 of CAO | detention for 10 days | Supreme Court of the Republic of Komi 13/04/2022 | Art. 5 (1) - unlawful detention - detention on 24/02/2022, detention at the police station for compiling an offence record between 02/03/2022 and 03/03/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 5,000 | |
18/08/2022 | Sergey Aleksandrovich KURKOV 1986 | Baranova Natalya Andreyevna Moscow | Anti-war rally
St Petersburg
06/03/2022 | article 20.2 § 5 of CAO | fine of RUB 10,000 | St Petersburg City Court 19/04/2022 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 5.00 p.m. on 06/03/2022 and 3.00 a.m. on 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 | |
01/08/2023 | Yuliya Dmitriyevna TOKAREVA 2000 | Yermilova Natalya Pavlovna Yekaterinburg | Anti-war rally
Yekaterinburg
06/03/2022
| article 20.2 § 5 of CAO | fine of RUB 10,000 | Sverdlovsk Regional Court 12/04/2023 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 2.00 p.m. and 9.00 p.m. on 06/03/2022 | 4,000 | |
16/08/2023 | Diana Vladimirovna KOZHEVINA 1994 |
| Anti-war rally
Moscow
06/03/2022 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 17/04/2023 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 2.50 p.m. and 8.40 p.m. on 06/03/2022 | 4,000 | |
01/05/2021 | Ilya Valentinovich POTEMKIN 1988 | Zboroshenko Nikolay Sergeyevich Mytishchi | Rally "Free Navalnyy"
Moscow
23/01/2021 | article 20.2 § 6.1 of CAO | detention for 10 days | Moscow City Court 29/01/2021 | Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence record on 23/01/2021; detention at the police station between 23/01/2021 and 25/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 5,000 |
[1] Plus any tax that may be chargeable to the applicants.
