CEDH · CASELAW;JUDGMENTS;COMMITTEE;ENG — 11 mai 2023

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RUSSIA (Applications nos. 27850/18 and 19 others – see appended list)             JUDGMENT   STRASBOURG 11 May 2023   This judgment is final but it may be subject to editorial revision. In the case of Razumov and Others v. Russia, The European Court of Human Rights (Second Section), sitting as a Committee composed of:   Lorraine Schembri Orland , President ,   Frédéric Krenc,   Davor Derenčinović , judges , and Viktoriya Maradudina, Acting Deputy Section Registrar, Having deliberated in private on 13 April 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. Some applicants also raised other complaints under the provisions of the Convention. THE LAW 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. 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). 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, having dismissed the Government’s objection of non-exhaustion of domestic remedies (see Smadikov v. Russia (dec.), no. 10810/15, 31 January 2017) and having due regard to the issue of compliance with the six-month period under Article 35 §   1 of the Convention (see Saakashvili v. Georgia (dec.), nos. 6232/20 and   22394/20, §§ 46-59, 1 March 2022, in which the Court addressed the COVID related extension of the period in question), 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. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW 12.     Some 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 its well-established case-law (see Butkevich v. Russia , no. 5865/07, §§   63 ‑ 65, 13 February 2018, Tsvetkova and Others v. Russia , nos. 54381/08 and 5   others, §§ 121-23, 10 April 2018, Kalyapin v. Russia [Committee], no.   6095/09, § 76, 23 July 2019, concerning various aspects of unlawful deprivation of liberty of organisers or participants of public events; and Karelin v. Russia , no. 926/08, 20 September 2016, related to the examination of criminal cases in the absence of a prosecuting party in the judicial proceedings governed by the Federal Code of Administrative Offences (CAO)). REMAINING COMPLAINTS 13.     In view of the above findings, the Court considers that there is no need to deal separately with the applicants’ complaints under Article 6 of the Convention concerning other aspects of the fairness of the administrative offence proceedings and alleged restrictions on the right to examine witnesses. APPLICATION OF ARTICLE 41 OF THE CONVENTION 14.     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.” 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, Decides to join the applications; Holds that it has jurisdiction to deal with the applicants’ complaints as they relate to the facts that took place before 16 September 2022; Declares the complaints concerning the dispersal of the public assembly and the other complaints under the well-established case-law of the Court, as set out in the appended table, admissible, and finds that there is no need to deal separately with the remaining complaints of the applicants under Article 6 of the Convention; Holds that these applications disclose a breach of Article   11 of the Convention; Holds that there has been a violation of the Convention as regards the other complaints raised under well-established case-law of the Court (see appended table); 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 11 May 2023, pursuant to Rule   77   §§   2 and   3 of the Rules of Court.   Viktoriya Maradudina   Lorraine Schembri Orland   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) [1]     27850/18 29/05/2018 Andrey Igorevich RAZUMOV 1997 Zhdanov Ivan Yuryevich Vilnius Rally in support of A. Navalnyy   Yaroslavl   07/10/2017 Article 20.2 § 6.1 of CAO 20 hours of compulsory labour Yaroslavl Regional Court 29/11/2017 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis – arrest and detention on 07/10/2017 for more than 3 hours for the sole purpose of drawing up a record of administrative offence,   Art. 6 (1) - lack of impartiality of tribunal - absence of the prosecuting party in the administrative proceedings 4,000     53532/18 02/11/2018 Yuriy Nikolayevich ALTUKHOV 1984 Zhdanov Ivan Yuryevich Vilnius Manifestation against Putin’s re-election   Voronezh   05/05/2018 Article 20.2 § 5 of CAO fine of 10,000   Russian roubles (RUB) Voronezh Regional Court 18/06/2018 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 05/05/2018 for more than 3 hours for the sole purpose of drawing up a record of administrative offence,   Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in the administrative proceedings 4,000     58172/18 30/11/2018 Aleksey Valeryevich TYURIN 1984 Glukhov Aleksey Vladimirovich Novocheboksarsk Manifestation in the memory of victims of political terror   Astrakhan   30/10/2017 Article 20.2 § 5 of CAO fine of RUB   5,000 Astrakhan Regional Court 01/06/2018   3,500     56845/19 23/10/2019 Andrey Aleksandrovich MARKOV 1965 Memorial Human Rights Centre Moscow Manifestation against construction projects   Moscow   18/11/2018 Article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 24/04/2019 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis – arrest and detention on 18/11/2018 for more than 3 hours for the sole purpose of drawing up a record of administrative offence,   Art. 6 (1) - lack of impartiality of tribunal - Lack of prosecuting authority in the administrative proceedings 4,000     65293/19 18/12/2019 Timur Varisovich URAZBAKHTIN 1985 Memorial Human Rights Centre Moscow Manifestation for fair elections to Mosgorduma   Moscow   10/08/2019 Article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 18/09/2019 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 10/08/2019 for more than 3 hours for the sole purpose of drawing up a record of administrative offence,   Art. 6 (1) - lack of impartiality of tribunal - absence of prosecuting party in the proceedings 4,000     202/20 18/12/2019 Roman Fedorovich GOLOVACH 1987 Memorial Human Rights Centre Moscow Manifestation for fair elections to Mosgorduma   Moscow   10/08/2019 Article 20.2 § 5 of CAO fine of RUB   15,000 Moscow City Court 04/10/2019 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 10/08/2019 for more than 3 hours for the sole purpose of drawing up a record of administrative offence,   Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in the administrative proceedings 4,000     1070/20 19/12/2019 Nikolay Sergeyevich KOVALEV 1987 Pomazuyev Aleksandr Yevgenyevich Vilnius Manifestation for fair elections to Mosgorduma   Moscow   27/07/2019 Article 20.2 § 5 of CAO fine of RUB   12,000 Moscow City Court 12/09/2019 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 27/07/2019 for more than 3 hours for the sole purpose of drawing up a record of administrative offence,   Art. 6 (1) - lack of impartiality of tribunal - absence of prosecuting party in the proceedings 4,000     5995/20 17/01/2020 Vadim Aleksandrovich SOKURENKO 1973 Memorial Human Rights Centre Moscow Manifestation against construction works   Moscow   18/11/2018 Article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 18/07/2019 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 18/11/2018 for more than 3 hours for the sole purpose of drawing up a record of administrative offence,   Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in the administrative proceedings 4,000     9451/20 12/02/2020 Oleg Dmitriyevich GARANIN 1998 Memorial Human Rights Centre Moscow Manifestation for fair elections to Mosgorduma   Moscow   10/08/2019 Article 20.2 § 5 of CAO fine of RUB   20,000   Moscow City Court 02/10/2019 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 10/08/2019 for more than 3 hours for the sole purpose of drawing up a record of administrative offence,   Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in the administrative proceedings 4,000   10952/20 07/02/2020 Aleksandr Borisovich MATVEYEV 1986 Memorial Human Rights Centre Moscow Manifestation for fair elections   St Petersburg   10/08/2019 Article 20.2 § 5 of CAO 20 hours of community service St Petersburg City Court 26/09/2019 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis – arrest and detention on 10/08/2019 for more than 3 hours for the purpose of drawing up a record of administrative offence,   Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in the administrative proceedings 4,000   11433/20 07/02/2020 Doniyer Bakhtiyerovich GAIBOV 1998 Memorial Human Rights Centre Moscow Manifestation for fair elections to Mosgorduma   Moscow   10/08/2019 Article 20.2 § 5 of CAO fine of RUB   10,000 Moscow City Court 02/10/2019 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 10-11 August 2019 for the sole purpose of drawing up a record of administrative offence,   Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in administrative-offence proceedings 4,000   13352/20 03/03/2020 Larisa Yegorovna POPOVICH 1947 Memorial Human Rights Centre Moscow Manifestation against the housing renovation program   Moscow   27/05/2019 Article 19.3 § 1 of CAO fine of RUB   1,000 Moscow City Court 06/09/2019 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - unlawful (unjustified) arrest on 27/05/2019,   Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in administrative-offence proceedings 4,000   13362/20 03/03/2020 Liliya Vladimirovna MARYENKO 1984 Memorial Human Rights Centre Moscow Manifestation against the housing renovation program   Moscow   27/05/2019 Article 19.3 § 1 of CAO fine of RUB   1,000 Moscow City Court 10/09/2019 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - unlawful (unjustified) arrest on 27/05/2019,   Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in administrative-offence proceedings 4,000   14018/20 28/02/2020 Viktor Mikhaylovich KAPITONOV 1999 Yatsenko Irina Aleksandrovna Moscow Political manifestation   Moscow   13/05/2019 Article 20.2 § 8 of CAO fine of RUB   150,000 Moscow City Court 28/08/2019 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - unlawful (unjustified) arrest and detention on 13-15 May 2019,   Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in administrative-offence proceedings 4,000   14294/20 27/02/2020 Stepan Rudolfovich YESAYAN 1999 Memorial Human Rights Centre Moscow Manifestation in support of Ivan Golunov   Moscow   12/06/2019 Article 20.2 § 6.1 of CAO fine of RUB   10,000     Moscow City Court 26/08/2019 (the applicant received a copy of the judgment on 27/08/2019)   Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 12/06/2019 for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours,   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings 4,000   14492/20 29/02/2020 Kirill Konstantinovich KOTOV 1987 Yatsenko Irina Aleksandrovna Moscow Manifestation to support participants of "NET"   Moscow   13/05/2019 Article 20.2 § 8 of CAO 5 days of administrative detention Moscow City Court 30/08/2019 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 13/05/2019 in excess of 3 hours for the sole purpose of drawing a record of administrative offence,   Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in the administrative proceedings 5,000   15090/20 12/03/2020 Vadim Nikolayevich PANKRATOV 1956 Kachanov Roman Yevgenyevich Yekaterinburg Manifestation against construction of a church   Yekaterinburg   14/05/2019 Article 20.2 § 5 of CAO fine of 10,000   RUB Sverdlovsk Regional Court 24/09/2019   3,500   15220/20 10/03/2020 Artur Valeryevich KHASIYEV 1993 Kachanov Roman Yevgenyevich Yekaterinburg Manifestation against construction of a church   Yekaterinburg   04/06/2019 Article 20.2 § 5 of CAO fine of RUB   10,000 Sverdlovsk Regional Court 11/09/2019   3,500   15308/20 29/02/2020 Vladimir Sergeyevich PERVOVSKIY 1983 Peredruk Aleksandr Dmitriyevich St Petersburg Political manifestation   St Petersburg   29/06/2019 Article 20.2 § 1 of CAO fine of RUB   10,000 St Petersburg City Court 10/10/2019 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 29/06-30/06/2019 in excess of 3 hours for the sole purpose of drawing a record of administrative offence,   Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in administrative-offence proceedings 4,000   18242/20 19/03/2020 Yekaterina Gennadiyevna SILAYEVA 1978 Memorial Human Rights Centre Moscow Manifestation for fair elections to Mosgorduma   Moscow   14/07/2019 Article 20.2 § 5 of CAO fine of RUB   15,000 Moscow City Court 16/09/2019 Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 14/07/2019 for more than 3 hours for the sole purpose of drawing up a record of administrative offence,   Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in the administrative proceedings 4,000     [1] Plus any tax that may be chargeable to the applicants.