CASE OF DORONIN AND OTHERS v. RUSSIA – 44105/21 and 29 others

Last Updated on December 14, 2023 by LawEuro

The applicants complained of the disproportionate measures taken against them as organisers or participants of public assemblies.


European Court of Human Rights
THIRD SECTION
CASE OF DORONIN AND OTHERS v. RUSSIA
(Applications nos. 44105/21 and 29 others – see appended list)
JUDGMENT
STRASBOURG
14 December 2023

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

In the case of Doronin 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 23 November 2023,

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. They also raised other complaints under the provisions of the Convention.

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. 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).

III. 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.

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.

IV. 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 (the CAO); 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.

V. 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 12 and 13 above, the Court considers that there is no need to deal separately with these remaining complaints.

15. The Court has further examined the rest of the complaints raised by the applicants and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto. It follows that this part of the applications must be rejected in accordance with Article 35 § 4 of the Convention.

VI. APPLICATION OF ARTICLE 41 OF THE CONVENTION

16. 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, finds that there is no need to examine separately the remaining complaints under Article 6 of the Convention, and declares the remainder of the applications inadmissible;

4. Holds that these applications 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 14 December 2023, 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 and costs and expenses per applicant

(in euros)[i]

1. 44105/21

30/08/2021

Vladimir Dmitriyevich DORONIN

1991

Memorial Human Rights Centre

Moscow

Rally “Free Navalnyy”

Volgograd

31/01/2021

article 20.2 § 5 of CAO fine of RUB 10,000 Volgograd Regional Court

04/03/2021

Art. 5 (1) – unlawful detention – escorting to and detention at the police station on 31/01/2021 for compiling an offence record between 1.30 p.m. 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
2. 44369/21

12/08/2021

Yevgeniy Olegovich TIKHONOV

2000

Glukhov Aleksey Vladimirovich

Novocheboksarsk

Rally “Free Navalnyy”

Cheboksary

23/01/2021

article 20.2 § 5 of CAO fine of RUB 15,000 Supreme Court of the Chuvashia Republic

26/03/2021

Art. 6 (1) – lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. 3,500
3. 44373/21

12/08/2021

Artem Aleksandrovich MAKAROV

1989

Glukhov Aleksey Vladimirovich

Novocheboksarsk

Rally “Free Navalnyy”

Cheboksary

23/01/2021

article 20.2 § 5 of CAO fine of RUB 10,000 Supreme Court of the Chuvashia Republic

30/03/2021

Art. 6 (1) – lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. 3,500
4. 44380/21

12/08/2021

Ivan Igorevich KUZNETSOV

1995

Glukhov Aleksey Vladimirovich

Novocheboksarsk

Rally “Free Navalnyy”

Cheboksary

23/01/2021

article 20.2 § 5 of CAO fine of RUB 12,000 Supreme Court of the Chuvashia Republic

15/04/2021

Art. 6 (1) – lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. 3,500
5. 44383/21

12/08/2021

Aleksey Dmitriyevich MAKSIMOV

2001

Glukhov Aleksey Vladimirovich

Novocheboksarsk

Rally “Free Navalnyy”

Cheboksary

23/01/2021

article 20.2 § 5 of CAO fine of RUB 10,000 Supreme Court of the Chuvashia Republic

23/03/2021

Art. 6 (1) – lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. 3,500
6. 44425/21

17/08/2021

Aleksandr Ivanovich DYAKOV

1988

Solovyev Stanislav Vyacheslavovich

Moscow

Rally “Free Navalnyy”

Moscow

31/01/2021

article 20.2 § 6.1 of CAO fine of RUB 20,000 Moscow City Court

18/02/2021

Art. 5 (1) – unlawful detention – escorting to and detention at the police station after compiling an offence record between 4.10 p.m. on 31/01/2021 and 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.

4,000
7. 44668/21

12/08/2021

Aleksandr Andreyevich KUDRYASHOV

1993

Glukhov Aleksey Vladimirovich

Novocheboksarsk

Rally “Free Navalnyy”

Cheboksary

23/01/2021

article 20.2 § 5 of CAO fine of RUB 10,000 Supreme Court of Chuvashia

04/05/2021

Art. 6 (1) – lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. 3,500
8. 44693/21

12/08/2021

Arkadiy Nikolayevich MITROSHKIN

2021

Glukhov Aleksey Vladimirovich

Novocheboksarsk

Rally “Free Navalnyy”

Cheboksary

23/01/2021

article 20.2 § 5 of CAO fine of RUB 12,000 Supreme Court of the Chuvashia Republic

06/04/2021

Art. 6 (1) – lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. 3,500
9. 44699/21

12/08/2021

Pavel Vadimovich PETROV

2001

Glukhov Aleksey Vladimirovich

Novocheboksarsk

Rally “Free Navalnyy”

Cheboksary

23/01/2021

article 20.2 § 5 of CAO fine of RUB 10,000 Supreme Court of Chuvashia

06/04/2021

Art. 6 (1) – lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. 3,500
10. 44706/21

12/08/2021

Anzhelika Nikolayevna ROMANOVA

1995

Glukhov Aleksey Vladimirovich

Novocheboksarsk

Rally “Free Navalnyy”

Cheboksary

23/01/2021

article 20.2 § 5 of CAO fine of RUB 10,000 Supreme Court of the Chuvashia Republic

31/03/2021

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. 44967/21

18/08/2021

Svetlana Mikhaylovna KRIVITSKAYA

1972

Vasilyev Nikolay Vladimirovich

Moscow

Eco-protest

Moscow

27/09/2020

article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court

18/02/2021

Art. 6 (1) – lack of impartiality of tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. 3,500
12. 45001/21

20/08/2021

Darya Dmitriyevna VIKULOVA

1997

Krasikov Vladimir Vladimirovich

Samara

Rally “Free Navalnyy”

Samara

31/01/2021

article 20.2 § 5 of CAO fine of RUB 10,000 Samara Regional Court

18/05/2021

Art. 5 (1) – unlawful detention – escorting to the police station on 31/01/2021 for compiling an offence record;

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. 45022/21

03/09/2021

Pavel Sergeyevich LEVITSKIY

1986

Zhdanov Ivan Yuryevich

Vilnius

Rally “Free Navalnyy”

Kurgan

23/01/2021

article 20.2 § 5 of CAO 20 hours of community work Kurgan Regional Court

17/03/2021

Art. 5 (1) – unlawful detention – escorting to the police station on 23/01/2021 for compiling an offence record;

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

4,000
14. 45056/21

25/08/2021

Aleksandra Aleksandrovna SHNAYDER

2000

Rally “Free Navalnyy”

Novosibirsk

23/01/2021

article 20.2 § 2 of CAO detention for 8 days Novosibirsk Regional Court

25/02/2021

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 – Right of appeal against criminal conviction/sentence – 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. 45255/21

30/08/2021

Inna Vyacheslavovna TITOVA

1985

Vasin Vladimir Valeryevich

Krasnoyarsk

Rally “Free Navalnyy”

Krasnoyarsk

31/01/2021

article 20.2 § 5 of CAO fine of RUB 10,000 Krasnoyarsk Regional Court

13/05/2021

Art. 5 (1) – unlawful detention – escorting to and detention at the police station for compiling an offence record 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
16. 45264/21

30/08/2021

Marina Yuryevna KADETOVA

1996

Vasin Vladimir Valeryevich

Krasnoyarsk

Rally “Free Navalnyy”

Krasnoyarsk

31/01/2021

article 20.2 § 5 of CAO fine of RUB 10,000 Krasnoyarsk Regional Court

19/04/2021

Art. 5 (1) – unlawful detention – escorting to the police station for compiling an offence 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
17. 45271/21

30/08/2021

Pavel Olegovich GERASIMENKO

2001

Vasin Vladimir Valeryevich

Krasnoyarsk

Rally “Free Navalnyy”

Krasnoyarsk

31/01/2021

article 20.2 § 5 of CAO fine of RUB 10,000 Krasnoyarsk Regional Court

13/05/2021

Art. 5 (1) – unlawful detention – escorting to the police station for compiling an offence record 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
18. 45276/21

30/08/2021

Valentina Mikhaylovna VESNYANKO

1999

Vasin Vladimir Valeryevich

Krasnoyarsk

Rally “Free Navalnyy”

Krasnoyarsk

23/01/2021

article 20.2 § 5 of CAO fine of RUB 20,000 Krasnoyarsk Regional Court

03/06/2021

Art. 5 (1) – unlawful detention – escorting to the police station for compiling an offence record on 23/01/2021;

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

4,000
19. 46593/21

31/08/2021

Yana Aleksandrovna ZENKINA

1993

Memorial Human Rights Centre

Moscow

Rally “Free Navalnyy”

Tambov

23/01/2021

article 20.2 § 2 of CAO fine of RUB 20,000 Tambov Regional Court

01/03/2021

Art. 6 (1) – lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. 3,500
20. 47098/21

16/09/2021

Vladislav Andreyevich LYGIN

1998

Memorial Human Rights Centre

Moscow

Rally “Free Navalnyy”

Volgograd

23/01/2021

article 20.2 § 5 of CAO fine of RUB 10,000 Volgograd Regional Court

17/03/2021

Art. 5 (1) – unlawful detention – escorting to and detention at the police station for compiling an offence record on 23/01/2021;

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

4,000
21. 47146/21

07/09/2021

Stanislav Vladimirovich MERENKOV

1991

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

18/03/2021

Art. 5 (1) – unlawful detention – escorting to and detention at the police station for compiling an offence record between 1.20 p.m. on 31/01/2021 and 7.30 p.m. on 01/02/2021;

Art. 6 (1) – lack of impartiality of tribunal in view of the absence of a prosecuting party in both sets of 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
22. 47239/21

16/09/2021

Khasana Aleksandrovna ROKOSSOVSKAYA

2000

Memorial Human Rights Centre

Moscow

Rally “Free Navalnyy”

Murmansk

23/01/2021

article 20.2 § 2 of CAO fine of RUB 10,000 Murmansk Regional Court

09/04/2021

Art. 5 (1) – unlawful detention – escorting to and detention at the police station for compiling an offence record between 8.00 a.m. on 30/01/2021 and 7.00 p.m. on 01/02/2021;

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

4,000
23. 28736/22

24/05/2022

Aleksey Igorevich NEFEDOV

1976

Rally “Free Navalnyy”

Novosibirsk

31/01/2021

article 20.2 § 5 of CAO fine of RUB 10,000 Novosibirsk Regional Court

24/11/2021

Art. 5 (1) – unlawful detention – escorting to and detention at the police station for compiling an offence record between 1.20 p.m. and 6.00 p.m. on 31/01/2021,

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

4,000
24. 30801/22

09/06/2022

Gleb Yuryevich LEVOCHKIN

1992

Baranova Nataliya Andreyevna

Moscow

Rally “Free Navalnyy”

Moscow

21/04/2021

article 20.2 § 6.1 of CAO fine of RUB 10,000 Moscow City Court

09/02/2022

Art. 5 (1) – unlawful detention – escorting to and detention at the police station for compiling an offence record between 7.30 p.m. on 24/02/2021 and 4.00 p.m. on 26/04/2021;

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. 32624/22

09/06/2022

Anastasiya Georgiyevna TAYNS-KOVALEVSKAYA

1995

Rally “Free Navalnyy”

Moscow

21/04/2021

article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court

09/12/2021

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. 35521/22

29/06/2022

Konstantin Sergeyevich MAKLYAK

1990

Levchenko Aleksey Alekseyevich

Rostov-on-Don

Anti-war rally

Rostov-on-Don

06/03/2022

article 19.3 § 1 of CAO detention for 15 days Rostov Regional Court

18/03/2022

Art. 5 (1) – unlawful detention – escorting to and detention at the police station for compiling an offence record between 3.20 p.m. on 06/03/2022 and 8.10 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;

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
27. 35532/22

29/06/2022

Olesya Igorevna BAKHTIYAROVA

2003

Levchenko Aleksey Alekseyevich

Rostov-on-Don

Anti-war rally

Rostov-on-Don

06/03/2022

article 19.3 § 1 of CAO detention for 15 days Rostov Regional Court

10/03/2022

Art. 5 (1) -unlawful detention – escorting to and detention at the police station for compiling an offence record between 3.20 p.m. on 06/03/2022 and 10.00 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;

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
28. 36163/22

01/07/2022

Tatyana Vladimirovna CHECHETKINA

1991

Kabirov Rushan Rafisovich

Kazan

Anti-war rally

Kazan

27/02/2022

article 20.2 § 5 of CAO fine of RUB 10,000 Supreme Court of the Tatarstan Republic

27/04/2022

Art. 5 (1) – unlawful detention – escorting to and detention at the police station for compiling an offence record between 4.00 p.m. on 27/02/2022 and the morning of 28/02/2022 when the applicant was transferred to the court;

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

4,000
29. 36231/22

01/07/2022

Maksim Vladimirovich MURUGIN

1994

Levchenko Aleksey Alekseyevich

Rostov-on-Don

Anti-war rally

Rostov-on-Don

06/03/2022

article 19.3 § 1 of CAO detention for 15 days Sverdlovsk Regional Court

18/03/2022

Art. 5 (1) – unlawful detention – escorting to and detention at the police station for compiling an offence record between 6.10 p.m. on 06/03/2022 and the morning of 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
30. 45186/22

06/09/2022

Vakhtang Anatolyevich PATALAKH

1977

Anti-war rally

Moscow

26/02/2022

article 20.2 § 5 of CAO fine of RUB 11,000 Moscow City Court

11/05/2022

Art. 5 (1) – unlawful detention – escorting to and detention at the police station for compiling an offence record between 5.40 p.m. and 10.56 p.m. 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

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

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