CASE OF PLATONOV AND OTHERS v. RUSSIA (European Court of Human Rights) 5660/18 and 16 others

The applicants complained of the lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings.


THIRD SECTION
CASE OF PLATONOV AND OTHERS v. RUSSIA
(Applications nos. 5660/18 and 16 others – see appended list)
JUDGMENT
STRASBOURG
15 September 2022

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

In the case of Platonov and Others v. Russia,

The European Court of Human Rights (Third Section), sitting as a Committee composed of:

Darian Pavli, President,
Andreas Zünd,
Mikhail Lobov, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 25 August 2022,

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 lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings.

THE LAW

I. 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.

II. ALLEGED VIOLATION OF ARTICLE 6 § 1 of the Convention

6. The applicants complained of the lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings. They relied, expressly or in substance, on Article 6 § 1 of the Convention, which reads as follows:

Article 6 § 1

““In the determination of … any criminal charge against him, everyone is entitled to a fair … hearing … by an independent and impartial tribunal established by law.”

7. The relevant principles of the Court’s case-law concerning the requirement of impartiality under Article 6 § 1 of the Convention can be found in the leading case of Karelin v. Russia (no. 926/08, §§ 51‑57, 20 September 2016, with further references). In that case the Court assessed the national rules of administrative procedure and concluded that the statutory requirements allowing for the national judicial authorities to consider an administrative offence case which falls within the ambit of Article 6 of the Convention under its criminal limb, in the absence of a prosecuting authority, was incompatible with the principle of objective impartiality set out in Article 6 of the Convention.

8. 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 on the admissibility and merits of the complaints in the present case.

9. These complaints are therefore admissible and disclose a breach of Article 6 § 1 of the Convention.

III. APPLICATION OF ARTICLE 41 OF THE CONVENTION

10. Article 41 of the Convention provides:

“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”

11. Regard being had to the documents in its possession and to its case‑law (see, in particular, Kuratov and Others v. Russia [Committee], nos. 24377/15 and 2 others, 22 October 2019), the Court considers it reasonable to award the sums indicated in the appended table.

12. The Court further considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

1. Decides to join the applications;

2. Declares the applications admissible;

3. Holds that these applications disclose a breach of Article 6 § 1 of the Convention concerning the lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings;

4. 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 15 September 2022, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Viktoriya Maradudina                          Darian Pavli
Acting Deputy Registrar                        President

___________

APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention
(lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings)

No. Application no.

Date of introduction

Applicant’s name

Year of birth

 

Representative’s name and location Penalty Date of final domestic decision

Name of court

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant

(in euros)[i]

1. 5660/18

27/12/2017

Konstantin Borisovich PLATONOV

1976

Dimitriyev Dmitriy Sergeyevich

Orenburg

 suspension of the driving licence for 1 year and 6 months, administrative fine of RUB 30,000 20/09/2017, Orenburzhskiy District Court of the Orenburg Region 1,000
2. 7452/18

18/01/2018

Sergey Stepanovich SMIRNOV

1991

Vologin Aleksey Borisovich

Volsk

administrative fine of RUB 30,000, suspension of the driving licence for 1 year and 10 months 23/01/2018, Volskiy District Court of the Saratov Region 1,000
3. 10316/18

13/02/2018

Aleksandr Yevgenyevich BORISENKOV

1986

Vologin Aleksey Borisovich

Volsk

suspension of the driving licence for 6 months  09/02/2018, Volskiy District Court of the Saratov Region 1,000
4. 10752/18

15/02/2018

Sergey Gennadyevich FROLOV

1981

Vologin Aleksey Borisovich

Volsk

administrative fine of RUB 30,000, suspension of the driving licence for 1 year and 7 months 13/02/2018, Volskiy District Court of the Saratov Region, 1,000
5. 11372/18

21/02/2018

Yelena Aleksandrovna SIVKOVA

1991

Kulakov Yevgeniy Valeryevich

Arkhangelsk

suspension of the driving licence for a year 12/02/2018, Konoshskiy District Court of Arkhangelsk Region 1,000
6. 11856/18

20/02/2018

Andrey Aleksandrovich SVECHNIKOV

1991

Kulakov Yevgeniy Valeryevich

Arkhangelsk

in the proceedings leading to the judgment of the Oktyabrskiy District Court of Arkhangelsk: administrative fine of RUB 30,000

 

in the proceedings leading to the judgment of the Lomonosovskiy District Court of Arkhangelsk:

administrative fine of RUB 30,000, suspension of the driving licence for 1 year and 7 months

24/04/2018, Oktyabrskiy District Court of Arkhangelsk

 

 

30/01/2018, Lomonosovskiy District Court of Arkhangelsk

1,300
7. 17052/18

27/03/2018

Yevgeniy Aleksandrovich PONOMAREV

1992

Kulakov Yevgeniy Valeryevich

Arkhangelsk

administrative fine of RUB 30,000, suspension of the driving licence for 1 year and 8 months 19/03/2018, Lomonosovskiy District Court of Arkhangelsk 1,000
8. 18996/18

02/04/2018

Vladimir Gennadyevich GLADYSHEV

1971

Kulakov Yevgeniy Valeryevich

Arkhangelsk

administrative fine of RUB 30,000, suspension of the driving licence for 1 year and 7 months 27/03/2018, Solombalskiy District Court of Arkhangelsk 1,000
9. 26850/18

30/05/2018

Radik Faritovich ARSLANOV

1976

Sultanov Marat Azatovich

Udachnyy

administrative fine of RUB 30,000, suspension of the driving licence for 1 year and 6 months 26/04/2018, Mirninskiy District Court of the Sakha Republic 1,000
10. 30834/18

08/06/2018

Nikolay Mikhaylovich IGNATYEV

1980

Sultanov Marat Azatovich

Udachnyy

administrative fine of RUB 30,000, suspension of the driving licence for 1 year and 6 months 05/02/2018, Mirninskiy District Court of the Sakha Republic 1,000
11. 34777/18

09/07/2018

Denis Vladimirovich AVTYUSHCHENKO

1980

Vologin Aleksey Borisovich

Volsk

administrative fine of RUB 30,000, suspension of the driving licence for 1 year and 7 months 28/06/2018, Volskiy District Court of Saratov Region 1,000
12. 36015/18

12/07/2018

Karen Vachaganovich GARIBYAN

1992

Vologin Aleksey Borisovich

Volsk

suspension of the driving licence for 6 months 15/06/2018, Volskiy District Court of the Saratov Region 1,000
13. 37099/18

23/07/2018

Igor Anatolyevich PACHURIN

1981

Vologin Aleksey Borisovich

Volsk

administrative fine of RUB 30,000, suspension of the driving licence for 1 year and 7 months 19/06/2018, Volskiy District Court of the Saratov Region 1,000
14. 41498/18

10/08/2018

Aleksey Aleksandrovich OBREZKOV

1980

Kulakov Yevgeniy Valeryevich

Arkhangelsk

in the proceedings leading to the judgment of the Kineshma Town Court of the Ivanovo Region:

administrative detention of 5 days

 

in the proceedings leading to the judgment of the Pinezhskiy District Court of the Arkhangelsk Region: administrative fine of RUB 30,000, suspension of the driving licence for 1 year and 6 months

31/07/2018, Kineshma Town Court of the Ivanovo Region

 

 

28/09/2018, Pinezhskiy District Court of the Arkhangelsk Region

1,300
15. 49529/18

10/10/2018

Fedor Aleksandrovich FABIANO

1985

Piskunov Dmitriy Igorevich

Moscow

administrative detention of 7 days 16/04/2018, Moscow City Court

 

1,000
16. 49743/18

13/10/2018

Igor Vladimirovich PEPELYAYEV

1980

Kovalskiy Aleksandr Sergeyevich

Kurgan

suspension of the driving licence for a year 02/07/2018, Kurgan Town Court of the Kurgan Region

 

1,000
17. 52596/18

30/10/2018

Vyacheslav Nikolayevich INDEYEV

1977

Vologin Aleksey Borisovich

Volsk

suspension of the driving licence for 1 year and 8 months, administrative fine of RUB 30,000 29/10/2018, Volskiy District Court of the Saratov Region 1,000

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

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