The applicants complained of the disproportionate measures taken against them as organisers or participants of public assemblies.<\/p>\n
FIRST SECTION This judgment is final but it may be subject to editorial revision.<\/p>\n In the case of Gabdulvaleyev and Others v. Russia,<\/strong><\/p>\n The European Court of Human Rights (First Section), sitting as a Committee composed of: and Viktoriya Maradudina, Acting Deputy Section Registrar,<\/p>\n Having deliberated in private on 29 June 2023,<\/p>\n Delivers the following judgment, which was adopted on that date:<\/p>\n PROCEDURE<\/strong><\/p>\n 1. The case originated in applications against Russia lodged with the Court under Article\u00a034 of the Convention for the Protection of Human Rights and Fundamental Freedoms (\u201cthe Convention\u201d) on the various dates indicated in the appended table.<\/p>\n 2. The Russian Government (\u201cthe\u00a0Government\u201d) were given notice of the applications.<\/p>\n THE FACTS<\/strong><\/p>\n 3. The list of applicants and the relevant details of the applications are set out in the appended table.<\/p>\n 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.<\/p>\n THE LAW<\/strong><\/p>\n I. JOINDER OF THE APPLICATIONS<\/strong><\/p>\n 5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.<\/p>\n II. JURISDICTION<\/strong><\/p>\n 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.\u00a040792\/10 and 2\u00a0others, \u00a7\u00a7\u00a068\u201173, 17\u00a0January 2023).<\/p>\n III. ALLEGED VIOLATION OF ARTICLE\u00a011 OF THE CONVENTION<\/strong><\/p>\n 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\u00a011 of the Convention. Some applicants also invoked Article 10; however, these complaints fall to be examined under Article 11 of the Convention.<\/p>\n 8. The Court refers to the principles established in its case-law regarding freedom of assembly (see Kudrevi\u010dius and Others v.\u00a0Lithuania [GC], no.\u00a037553\/05, ECHR 2015, with further references) and proportionality of interference with it (see Oya Ataman v.\u00a0Turkey, no.\u00a074552\/01, ECHR 2006\u2011XIV, and Hyde Park and Others v.\u00a0Moldova, no.\u00a033482\/06, 31\u00a0March 2009).<\/p>\n 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.<\/p>\n 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 (see, in particular, Lashmankin and Others v. Russia, nos. 57818\/09 and 14 others, \u00a7\u00a7 345-60 and 404-77, 7 February 2017, and Kablis v. Russia, nos. 48310\/16 and 59663\/17, \u00a7\u00a7 67-71, 30 April 2019). Having regard to its case-law on the subject, the Court considers that in the instant case the interferences with the applicants\u2019 freedom of assembly were not \u201cnecessary in a democratic society\u201d.<\/p>\n 11. These complaints are therefore admissible and disclose a breach of Article 11 of the Convention.<\/p>\n IV. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW<\/strong><\/p>\n 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\u00a035\u00a0\u00a7\u00a03\u00a0(a) of the Convention, nor are they inadmissible on any other ground. Accordingly, they must be declared admissible.<\/p>\n 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.\u00a0Russia, no.\u00a05865\/07, \u00a7\u00a7\u00a063-65, 13\u00a0February 2018, Tsvetkova and Others v.\u00a0Russia, nos.\u00a054381\/08 and 5\u00a0others, \u00a7\u00a7\u00a0115-31, 10\u00a0April 2018, and Korneyeva v.\u00a0Russia, no.\u00a072051\/17, \u00a7\u00a7\u00a034-36, 8\u00a0October 2019, as to various aspects of unlawful deprivation of liberty of organisers or participants of public assemblies; Karelin v.\u00a0Russia, no.\u00a0926\/08, \u00a7\u00a7\u00a058-85, 20\u00a0September 2016, concerning the absence of a prosecuting party in the proceedings under the Code of Administrative Offences (CAO); Tsvetkova and Others, cited above, \u00a7\u00a7 179-91, and Martynyuk v. Russia, no. 13764\/15, \u00a7\u00a7 38-42, 8 October 2019, concerning lack of suspensive effect of an appeal under the CAO.<\/p>\n V. REMAINING COMPLAINTS<\/strong><\/p>\n 14. Having regard to its findings above, the Court does not consider it necessary to examine separately the remaining complaints raised by some of the applicants under Article 6 of the Convention about the fairness of the administrative-offence proceedings in their cases.<\/p>\n 15. The applicant in application no. 28903\/19 also raised a complaint under Article 5 of the Convention. The Court considers that, in the light of all the material in its possession, this complaint is belated. It follows that this part of the application must be rejected in accordance with Article 35 \u00a7\u00a7 1 and 4 of the Convention.<\/p>\n VI. APPLICATION OF ARTICLE 41 OF THE CONVENTION<\/strong><\/p>\n 16. Regard being had to the documents in its possession and to its case\u2011law (see in particular Navalnyy and Others v. Russia [Committee], nos.\u00a025809\/17 and 14 others, \u00a7\u00a022, 4\u00a0October 2022), the Court finds it reasonable to award the sums indicated in the appended table.<\/p>\n FOR THESE REASONS, THE COURT, UNANIMOUSLY,<\/strong><\/p>\n 1. Decides to join the applications;<\/p>\n 2. Holds that it has jurisdiction to deal with the applicants\u2019 complaints as they relate to facts that took place before 16 September 2022;<\/p>\n 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 application no. 28903\/19 inadmissible;<\/p>\n 4. Holds that these complaints disclose a breach of Article\u00a011 of the Convention;<\/p>\n 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\u2011law of the Court (see appended table);<\/p>\n 6. Holds<\/p>\n (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;<\/p>\n (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.<\/p>\n Done in English, and notified in writing on 20 July 2023, pursuant to Rule\u00a077\u00a0\u00a7\u00a7\u00a02 and\u00a03 of the Rules of Court.<\/p>\n Viktoriya Maradudina \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0L\u0259tif H\u00fcseynov _______<\/p>\n APPENDIX<\/strong>
\nCASE OF GABDULVALEYEV AND OTHERS v. RUSSIA<\/strong>
\n(Applications nos. 60966\/17 and 19 others \u2013 see appended list)<\/em>
\nJUDGMENT
\nSTRASBOURG
\n20 July 2023<\/p>\n
\nL\u0259tif H\u00fcseynov, President,
\nIvana Jeli\u0107,
\nErik Wennerstr\u00f6m, judges,<\/p>\n
\nActing Deputy Registrar \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 President<\/p>\n
\nList of applications raising complaints under Article 11 of the Convention
\n(disproportionate measures against organisers and participants of public assemblies)<\/p>\n