Last Updated on January 18, 2024 by LawEuro
The applicants complained of the disproportionate measures taken against them as organisers or participants of public assemblies.
European Court of Human Rights
FIRST SECTION
CASE OF GORODNICHEVA AND OTHERS v. RUSSIA
(Applications nos. 43566/21 and 27 others – see appended list)
JUDGMENT
STRASBOURG
18 January 2024
This judgment is final but it may be subject to editorial revision.
In the case of Gorodnicheva and Others v. Russia,
The European Court of Human Rights (First Section), sitting as a Committee composed of:
Péter Paczolay, President,
Gilberto Felici,
Raffaele Sabato, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 14 December 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 the dispersal of these assemblies, as well as their arrest followed by their conviction for administrative offence. 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. The 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. Having examined all the material before it, the Court concludes that they 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; 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).
V. REMAINING COMPLAINTS
13. 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 paragraph 12 above, the Court considers that there is no need to deal separately with these remaining complaints.
VI. APPLICATION OF ARTICLE 41 OF THE CONVENTION
14. 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 these applications 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 well-established case-law of the Court, as set out in the appended table, admissible, and finds that there is no need to examine separately the remaining complaints raised by the applicants;
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 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 18 January 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Péter Paczolay
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. | 43566/21
11/08/2021 |
Elvira Ildusovna GORODNICHEVA
1988 |
Nurgaleyev Danil Ilnurovich
Kazan |
Rally “Free Navalnyy”
Kazan 23/01/2021 |
article 20.2 § 5 of CAO | fine of
RUB 10,000 |
Supreme Court of the Republic of Tatarstan
31/03/2021 |
Art. 5 (1) – unlawful detention – escorting to the police station on 23/01/2021 for compiling an offence report. | 4,000 |
| 2. | 43583/21
11/08/2021 |
Ramil Valeryevich URAZMANOV
1993 |
Nurgaleyev Danil Ilnurovich
Kazan |
Rally “Free Navalnyy”
Kazan 23/01/2021 |
article 20.2 § 5 of CAO | fine of
RUB 10,000 |
Supreme Court of the Republic of Tatarstan
10/03/2021 |
Art. 5 (1) – unlawful detention – escorting to the police station on 23/01/2021 for compiling an offence report. | 4,000 |
| 3. | 43584/21
11/08/2021 |
Lenar Maskhutovich KHANGARAYEV
1985 |
Nurgaleyev Danil Ilnurovich
Kazan |
Rally “Free Navalnyy”
Kazan 23/01/2021 |
article 20.2 § 5 of CAO | fine of
RUB 10,000 |
Supreme Court of the Republic of Tatarstan
14/04/2021 |
Art. 5 (1) – unlawful detention – escorting to the police station on 23/01/2021 for compiling an offence report. | 4,000 |
| 4. | 43587/21
11/08/2021 |
Yevgeniy Vasilyevich CHERNYSHEV
1992 |
Nurgaleyev Danil Ilnurovich
Kazan |
Rally “Free Navalnyy”
Kazan 23/01/2021 |
article 20.2 § 5 of CAO | fine of
RUB 10,000 |
Supreme Court of the Republic of Tatarstan
03/03/2021 |
Art. 5 (1) – unlawful detention – escorting to the police station on 23/01/2021 for compiling an offence report. | 4,000 |
| 5. | 43634/21
11/08/2021 |
Yelena Sirinovna ZAKIYEVA
1991 |
Nurgaleyev Danil Ilnurovich
Kazan |
Rally “Free Navalnyy”
Kazan 23/01/2021 |
article 20.2 § 5 of CAO | fine of
RUB 10,000 |
Supreme Court of the Republic of Tatarstan
03/03/2021 |
Art. 5 (1) – unlawful detention – escorting to the police station on 23/01/2021 for compiling an offence report. | 4,000 |
| 6. | 43650/21
12/08/2021 |
Dmitriy Vyacheslavovich ABRAMOV
1984 |
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
18/05/2021 |
Art. 6 (1) – lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 3,500 |
| 7. | 59557/21
19/11/2021 |
Aleksey Yevgenyevich KOZYRENKO
2001 |
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
19/05/2021 |
Art. 5 (1) – unlawful detention – escorting to and detention at the police station for compiling an offence report from 1.50 p.m. on 31/01/2021 until 5.40 p.m. on 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. |
4,000 |
| 8. | 59612/21
19/11/2021 |
Grigoriy Mikhaylovich DRACH
1996 |
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
19/05/2021 |
Art. 5 (1) – unlawful detention – escorting to and detention at the police station for compiling an offence report from 3.30 p.m. until 11.45 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 |
| 9. | 59615/21
19/11/2021 |
Yegor Nikolayevich MITEREV
1987 |
Memorial Human Rights Centre
Moscow |
Rally “Free Navalnyy”
Moscow 02/02/2021 |
article 20.2 § 5 of CAO | fine of
RUB 18,000 |
Moscow City Court
19/05/2021 |
Art. 5 (1) – unlawful detention – escorting to the police station for 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. |
4,000 |
| 10. | 59655/21
17/11/2021 |
Nikolay Leonidovich KHARISOV
1983 |
Memorial Human Rights Centre
Moscow |
Rally “Free Navalnyy”
Moscow 23/01/2021 |
article 20.2 § 6.1 of CAO | fine of
RUB 12,000 |
Moscow City Court
17/05/2021 |
Art. 5 (1) – unlawful detention – escorting to and detention at the police station for compiling an offence report from 5.00 p.m. on 23/01/2021 until 3.00 p.m. on 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. |
4,000 |
| 11. | 59664/21
17/11/2021 |
Diana Pavlovna AKHMADEYEVA
1986 |
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
17/05/2021 |
Art. 5 (1) – unlawful detention – escorting to and detention at the police station for compiling an offence report from 3.30 p.m. until 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 |
| 12. | 59671/21
17/11/2021 |
Denis Nikolayevich VOLEGOV
1990 |
Memorial Human Rights Centre
Moscow |
Rally “Free Navalnyy”
Kaliningrad 23/01/2021 |
article 20.2 § 5 of CAO | fine of
RUB 10,000 |
Kaliningrad Regional Court
18/05/2021 |
Art. 6 (1) – lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 3,500 |
| 13. | 59673/21
01/12/2021 |
Ilya Vladimirovich LEYKIN
1984 |
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
29/06/2021 |
Art. 5 (1) – unlawful detention – escorting to and detention at the police station for compiling an offence report from 11.18 a.m. on 02/02/2021 until 1.00 a.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. |
4,000 |
| 14. | 59676/21
01/12/2021 |
Sabina Faikovna KATASONOVA
1997 |
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
03/06/2021 |
Art. 5 (1) – unlawful detention – escorting to and detention at the police station for compiling an offence report from 11.00 p.m. on 02/02/2021 until
9.20 a.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. |
4,000 |
| 15. | 59683/21
13/11/2021 |
Sergey Yuryevich KHAVROVSKIY
1984 |
Memorial Human Rights Centre
Moscow |
Rally “Free Navalnyy”
Moscow 31/01/2021 |
article 20.2 § 6.1 of CAO | detention for 5 days | Moscow City Court
13/05/2021 |
Art. 5 (1) – unlawful detention – escorting to and detention at the police station for compiling an offence report from 1.00 p.m. on 31/01/2021 until 4.00 p.m. 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 |
| 16. | 59765/21
01/12/2021 |
Dmitriy Vladimirovich ORLIK
1977 |
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
17/06/2021 |
Art. 5 (1) – unlawful detention – escorting to the police station for compiling an offence report 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. | 59773/21
01/12/2021 |
Konstantin Nikolayevich LUNEV
1993 |
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
07/06/2021 |
Art. 5 (1) – unlawful detention – escorting to the police station for compiling an offence report 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. | 59796/21
01/12/2021 |
Yuliya Andreyevna GRACHEVA
1980 |
Memorial Human Rights Centre
Moscow |
Rally “Free Navalnyy”
Moscow 02/02/2021 |
article 20.2 § 5 of CAO | fine of
RUB 20,000 |
Moscow City Court
03/06/2021 |
Art. 5 (1) – unlawful detention – escorting to and detention at the police station for compiling an offence report from 11.15 a.m. until 6.00 p.m. 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. |
4,000 |
| 19. | 59852/21
29/11/2021 |
Yuliya Sergeyevna MASHUKOVA
1996 |
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
01/06/2021 |
Art. 5 (1) – unlawful detention – escorting to the police station on 23/01/2021 for 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. |
4,000 |
| 20. | 59871/21
29/11/2021 |
Aleksandr Nikolayevich NEMUROV
1970 |
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
17/06/2021 |
Art. 5 (1) – unlawful detention – escorting to and detention at the police station for compiling an offence report from 11.50 a.m. on 31/01/2021 until
5.00 p.m. on 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. |
4,000 |
| 21. | 59889/21
24/11/2021 |
Alisa Aleksandrovna ZELKOVA
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
25/05/2021 |
Art. 5 (1) – unlawful detention – escorting to and detention at the police station for compiling an offence report from 11.48 p.m. on 02/02/2021 until
5.23 a.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. |
4,000 |
| 22. | 59905/21
24/11/2021 |
Dmitriy Aleksandrovich SHOSHNEV
1976 |
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
11/06/2021 |
Art. 5 (1) – unlawful detention – escorting to and detention at the police station for compiling an offence report from 12.47 p.m. until 8.37 p.m. 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. |
4,000 |
| 23. | 59921/21
24/11/2021 |
Darya Vyacheslavovna VERNIDUB
1999 |
Memorial Human Rights Centre
Moscow |
Rally “Free Navalnyy”
Krasnoyarsk 31/01/2021 |
article 20.2 § 5 of CAO | fine of
RUB 10,000 |
Krasnoyarsk Regional Court
27/05/2021 |
Art. 5 (1) – unlawful detention – escorting to and detention at the police station for compiling an offence report from 1.24 p.m. until 7.00 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 |
| 24. | 59925/21
24/11/2021 |
Marina Markovna KARAULINA
1958 |
Memorial Human Rights Centre
Moscow |
Rally “Medical care to Navalnyy”
St Petersburg 21/04/2021 |
article 20.2 § 6.1 of CAO | fine of
RUB 10,000 |
St Petersburg City Court
13/07/2021 |
Art. 5 (1) – unlawful detention – escorting to and detention at the police station for compiling an offence report from 7.30 p.m. on 21/04/2021 until
3.30 a.m. on 24/04/2021; 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. | 60067/21
01/12/2021 |
Nikita Pavlovich FANIN
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 City Court
13/08/2021 |
Art. 5 (1) – unlawful detention – escorting to and detention at the police station for compiling an offence report from 12.29 p.m. on 31/01/2021 until
1.30 a.m. on 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. |
4,000 |
| 26. | 60081/21
24/11/2021 |
Roman Aleksandrovich SONICHEV
2001 |
Memorial Human Rights Centre
Moscow |
Rally “Free Navalnyy”
Kaluga 31/01/2021 |
article 20.2.2 § 1 of CAO | fine of
RUB 14,000 |
Kaluga Regional Court
25/05/2021 |
Art. 5 (1) – unlawful detention – escorting to and detention at the police station for compiling an offence report from 12.25 p.m. until 11.45 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 |
| 27. | 60085/21
24/11/2021 |
Danil Yevgenyevich AKATOV
2001 |
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
07/06/2021 |
Art. 5 (1) – unlawful detention – escorting to and detention at the police station for compiling an offence report from 4.30 p.m. on 23/01/2021 until 9.50 p.m. on 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. |
4,000 |
| 28. | 60211/21
24/11/2021 |
Svyatoslav Vladimirovich YERMILIN
1997 |
Memorial Human Rights Centre
Moscow |
Rally “Free Navalnyy”
Yekaterinburg 23/01/2021 |
article 20.2 § 5 of CAO | 20 hours of community work | Sverdlovsk Regional Court
03/06/2021 |
Art. 6 (1) – lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 3,500 |
[i] Plus any tax that may be chargeable to the applicants.
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