CEDH · CASELAW;JUDGMENTS;CHAMBER;ENG — 29 août 2023

.s800EAC49 { font-size:12pt } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .sBB9EE52A { font-family:Arial } .s58ABC179 { margin-top:30pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .s34DFC730 { margin-top:0pt; margin-bottom:0pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .sA36B60A1 { font-family:Arial; font-style:italic } .s8FE8E970 { margin-top:0pt; margin-bottom:10pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s59272B2C { margin-top:0pt; margin-bottom:6pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s780F5245 { border:0.75pt solid #000000; clear:both } .s795B4A6B { margin-top:0pt; margin-bottom:0pt; text-align:justify; padding-top:1pt; padding-right:4pt; padding-left:4pt; font-size:11pt } .sD9FE5EFA { margin-top:0pt; margin-bottom:0pt; text-align:justify; padding-right:4pt; padding-left:4pt; padding-bottom:1pt; font-size:11pt } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .sE3081864 { margin-top:0pt; margin-bottom:4pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s598389FA { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:13pt } .sF5E1C6CF { font-family:Arial; font-weight:bold; text-decoration:underline; color:#ff0000 } .sDF237D91 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:8pt } .sE208486F { font-family:Arial; color:#ff0000 } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s598389F8 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:11pt } .s4ACA9207 { page-break-before:always; clear:both; mso-break-type:section-break } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .sB9D5CABB { width:28.35pt; display:inline-block } .s3AAE10DF { margin-top:14pt; margin-bottom:12pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s3CA22BA { font-family:Arial; text-transform:uppercase } .s6B505E72 { margin:0pt; padding-left:0pt } .s28F0D84C { margin-top:14pt; margin-left:11.67pt; margin-bottom:12pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; padding-left:6.78pt; font-family:Arial; text-transform:uppercase } .sDA7B489D { margin-top:14pt; margin-left:15pt; margin-bottom:12pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; padding-left:3.45pt; font-family:Arial; text-transform:uppercase } .s5C5C410E { margin-top:14pt; margin-left:18.34pt; margin-bottom:12pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; padding-left:0.11pt; font-family:Arial; text-transform:uppercase } .s9D48DD53 { margin-top:6pt; margin-left:21.25pt; margin-bottom:6pt; text-indent:7.1pt; text-align:justify; font-size:10pt } .s7ED160F0 { text-decoration:none } .s33165EBA { font-family:Arial; font-size:8pt; vertical-align:super; color:#0069d6 } .s67CAFE05 { margin-top:14pt; margin-left:18.45pt; margin-bottom:12pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-family:Arial; text-transform:uppercase } .s7C22C014 { margin-top:14pt; margin-left:16.34pt; margin-bottom:12pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; padding-left:2.11pt; font-family:Arial; text-transform:uppercase } .s743F3A55 { margin-right:0pt; margin-left:0pt; padding-left:0pt } .s879C130D { margin-left:7.05pt; margin-bottom:12pt; page-break-inside:avoid; page-break-after:avoid; font-weight:bold; text-transform:none } .s5E8F5A28 { margin-top:14pt; margin-left:25.5pt; margin-bottom:12pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-family:Arial; font-weight:bold } .sAE6FB95D { margin-top:14pt; margin-left:32.01pt; margin-bottom:6pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; padding-left:1.99pt; font-family:Arial; font-style:italic } .sDECD9755 { margin-left:11.67pt; margin-bottom:12pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; padding-left:6.78pt; font-family:Arial; text-transform:uppercase } .s2044A09A { margin-left:6.51pt; margin-bottom:6pt; page-break-inside:avoid; page-break-after:avoid; padding-left:1.99pt; font-weight:normal; font-style:italic } .s3A692EA6 { margin-top:14pt; margin-bottom:6pt; text-align:center; page-break-after:avoid; font-size:10pt } .sF54F3725 { margin-top:0pt; margin-left:42.55pt; margin-bottom:6pt; text-indent:-17.05pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-size:10pt } .sDBC81028 { width:4.83pt; font:7pt 'Times New Roman'; display:inline-block } .s65DDED6B { margin-top:14pt; margin-left:42.55pt; margin-bottom:6pt; text-indent:-17.05pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-size:10pt } .s7AE800C3 { width:4.28pt; font:7pt 'Times New Roman'; display:inline-block } .s55F67FD3 { margin-top:0pt; margin-left:51.05pt; margin-bottom:6pt; text-indent:-17.05pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; line-height:113%; font-size:10pt } .s3970C00F { width:8.17pt; font:7pt 'Times New Roman'; display:inline-block } .sCD82236A { margin-top:14pt; margin-left:51.05pt; margin-bottom:6pt; text-indent:-17.05pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; line-height:113%; font-size:10pt } .s320E5A8E { width:5.95pt; font:7pt 'Times New Roman'; display:inline-block } .sD11CFAB7 { margin-top:14pt; margin-left:15.01pt; margin-bottom:3pt; text-align:justify; padding-left:1.99pt; font-family:Arial } .sFBC99493 { font-style:italic } .s51DFF5CF { margin-top:0pt; margin-left:34pt; margin-bottom:0pt; text-indent:-17pt; text-align:justify } .sE5BF05B1 { width:2.33pt; font:7pt 'Times New Roman'; display:inline-block } .s7F175FE6 { margin-top:0pt; margin-left:51.05pt; margin-bottom:0pt; text-indent:-17.05pt; text-align:justify } .sE5C1F6E3 { width:3.33pt; font:7pt 'Times New Roman'; display:inline-block } .s2D9C6089 { margin-top:12pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s69DCC830 { margin-top:36pt; margin-bottom:0pt } .s4598CDF { width:70.9pt; display:inline-block } .sC2E086EB { width:36.89pt; display:inline-block } .s871A718A { width:136.42pt; display:inline-block } .s5A65B3DC { width:46.56pt; display:inline-block } .s44B8752F { width:177.11pt; display:inline-block } .s39E5096F { margin-top:0pt; margin-bottom:14pt; text-align:center } .s23860FF7 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:center } .sC15B9494 { width:135.04%; border-collapse:collapse } .sF2D5420D { width:6.66%; border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top; background-color:#dfdfdf } .s2EF62ED2 { margin-top:0pt; margin-bottom:0pt; font-size:12pt } .sEECE831 { font-family:Arial; font-weight:bold; color:#474747 } .sBC7F6C21 { width:46.6%; border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top; background-color:#dfdfdf } .s9C202461 { width:11.04%; border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top; background-color:#dfdfdf } .s4EBB81E5 { width:14.3%; border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top; background-color:#dfdfdf } .sE725D256 { width:21.42%; border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top; background-color:#dfdfdf } .sAE564958 { width:6.66%; border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top } .s8B77F406 { width:46.6%; border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top } .s5D04476A { width:11.04%; border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top } .sB21A6DB4 { width:14.3%; border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top } .sD5329576 { width:21.42%; border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top } .sF6A12959 { width:33%; height:1px; text-align:left } .s85226119 { margin-top:0pt; margin-bottom:0pt; text-align:justify; font-size:10pt } .s653E6C45 { font-family:Arial; font-size:6.67pt; vertical-align:super; color:#0069d6 } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } THIRD SECTION CASE OF VERZILOV AND OTHERS v. RUSSIA (Application no. 25276/15)   JUDGMENT   Art 3 (procedural and substantive) • Degrading treatment • Violent attack by Cossacks on members of a feminist punk band – Pussy Riot - during an artistic performance in Sochi during the 2014 Olympic Winter Games • Severity threshold reached • Failure to carry out an effective investigation capable of leading to the identification and punishment of those responsible • Clear indications of political and religious motives for attack left without any assessment and reaction by authorities • Attack imputable to the respondent State • Direct connection between the Cossacks’ actions and their duties in carrying out State service for maintaining public order • Use of force by Cossacks in carrying out that service not regulated by domestic law at material time • No indication of any assessment of the Cossacks’ fitness and of any training and supervision by domestic authorities as envisaged by the regulations then in force • Striking passivity of police officers at the scene indicating connivance or acquiescence on the authorities’ part Art 10 • Respondent State’s failure to discharge its duty not to interfere unlawfully and disproportionately with right to freedom of expression and to take reasonable and appropriate measures to enable exercise of that right to proceed peacefully • Respondent State responsible for regulating Cossacks’ activities appropriately and for their training and supervision in order to shield individuals adequately from ill-treatment, in particular when exercising freedom of expression   STRASBOURG 29 August 2023   FINAL   29/11/2023   This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision. In the case of Verzilov and Others v. Russia, The European Court of Human Rights (Third Section), sitting as a Chamber composed of:   Pere Pastor Vilanova , President ,   Jolien Schukking,   Georgios A. Serghides,   Darian Pavli,   Peeter Roosma,   Ioannis Ktistakis,   Andreas Zünd , judges , and Milan Blaško, Section Registrar, Having regard to: the application (no.   25276/15) against the Russian Federation lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on 7 May 2015 by five Russian nationals whose personal details appear in the appended table (“the applicants”); the decision to give notice of the application to the Russian Government (“the Government”); the observations submitted by the Government and the observations in reply submitted by the applicants; the comments submitted by the Committee Against Torture and the Memorial Human Rights Centre, non-governmental organisations based in Nizhniy Novgorod and Moscow respectively, who were granted leave to intervene by the President of the Section; the decision of the President of the Section to appoint one of the elected judges of the Court to sit as an ad hoc judge, applying by analogy Rule 29 §   2 of the Rules of Court (see Kutayev v.   Russia , no. 17912/15, §§ 5-8, 24   January 2023); Having deliberated in private on 27 June 2023, Delivers the following judgment, which was adopted on that date: INTRODUCTION 1.     The case concerns a violent attack on the applicants by Cossacks during an artistic performance by the applicants in Sochi on 19 February 2014. THE FACTS 2.     The applicants were represented by Ms N. Dobreva, a lawyer practising in Sofia. 3.     The Government were represented by Mr   M.   Galperin and Mr   A.   Fedorov, former Representatives of the Russian Federation to the European Court of Human Rights. 4.     The facts of the case may be summarised as follows. The applicants’ band 5 .     The applicants were members of a Russian feminist punk band, Pussy Riot, founded in late 2011. According to the group members, their songs contained “clear and strongly worded political messages critical of the government”. The group carried out a series of impromptu performances of their songs in various public areas in Moscow selected to enhance their message. The group performed in disguise, with its members wearing brightly coloured balaclavas and dresses. On 21 February 2012 five members of the band, including the second and fifth applicants, attempted to perform “Punk Prayer – Virgin Mary, Drive Putin Away” from the altar of Moscow’s Christ the Saviour Cathedral. The cathedral guards quickly forced the band out. Subsequently, the second and fifth applicants were remanded in custody, convicted of hooliganism motivated by religious hatred and sentenced to two years’ imprisonment. In addition, a court ruled that videos of the band’s performances were of an extremist nature and ordered that access to that material be limited (see Mariya Alekhina and Others v. Russia , no. 38004/12, 17 July 2018). XXII Olympic Winter Games 6.     Between 7 and 23 February 2014 the city of Sochi, Krasnodar Region, Russia, hosted the XXII Olympic Winter Games. 7 .     500 Cossacks from the Cossack associations of the Krasnodar Region assisted the police in maintaining public order during the event. Attempted performance in Sochi 8 .     On 16 February 2014 the applicants arrived in Sochi to perform their new song “Putin Will Teach You to Love the Motherland”. The lyrics can be translated as follows: “50 billion and a rainbow ray Rodnina and Kabayeva will pass you the torch You’ll be taught to obey and cry in the camps Fireworks for the bosses. Hail, Duce! Sochi is blocked, Olympus is under surveillance Special means, weapons, crowds of cops FSB – an argument, Interior Ministry – an argument On Channel One – applause Putin will teach you to love the Motherland In Russia, spring can come suddenly Greetings to the messiah as a shot from Aurora The prosecutor is determined to be rude Give him resistance, not pretty eyes A cage for protest, vodka, matrioshka Jail for the Bolotnaya, more vodka, caviar The Constitution is in the noose, Vitishko is in jail Stability, prison rations, the fence, the watchtower Putin will teach you to love the Motherland Broadcast has been shut down for Dozhd Gay pride has been sent to the shithouse A two-assed toilet – a priority Sentence to Russia – the general regime, 6 years Putin will teach you to love the Motherland The Motherland The Motherland The Motherland.” 9.     At about 4   p.m. on 19 February 2014 at the seaport in the Tsentralnyy district of Sochi, the applicants, wearing brightly coloured balaclavas, started their performance against the background of a large billboard with the sign “Sochi 2014”, in the presence of friends and journalists who were filming and taking pictures of them. The female members of the band were dancing in colourful open-shoulder dresses, while the fourth applicant was playing a guitar and the first applicant was filming them. 10 .     The applicants’ account of subsequent events is the following. When the fifth applicant, who was in front of the other women from the band, began singing the song, a group of approximately ten men, including several in Cossack uniform, rapidly approached the band. One of the men in Cossack uniform (identified by the applicants as V.K.) sprayed the face of the fifth applicant with gas. She continued singing and dancing, holding a microphone with one hand and compressing her eyes with the other. Another man in Cossack uniform (identified by the applicants as Yu.S.) attacked the applicants with a whip, hitting the fifth applicant on the leg and the second applicant on the abdomen. Other attackers rushed towards the applicants, grabbing them, ripping their balaclavas off, pushing them and pulling their arms. The third applicant was screaming with pain when a Cossack pulled her arm. She and the fifth applicant were thrown to the ground. The first applicant’s eyes were sprayed with gas twice by a Cossack (identified by the applicant as V.K.). The attackers seized the fourth applicant’s guitar and used it to hit him on the head. He was left with blood on his face. During the whole time of the attack – around two minutes – the applicants kept repeating the refrain of the song: “Putin will teach you to love the Motherland”. Eventually the applicants had to abandon their performance and leave the scene. 11.     Video recordings of the attack, available on the Internet [1] , largely support the applicants’ account of events. In particular, the fifth applicant appears to receive a blow from a whip while dancing and is later seen pressing her hand on her lower back after receiving another blow from a whip while lying on the ground. The applicants’ injuries 12 .     On the same day after the incident the applicants’ injuries and complaints were recorded at Sochi Town Hospital no. 4 as follows: -     The first applicant was diagnosed with mild chemical burns to both eyes. -     The second applicant had scratches on the abdomen, pain in the area of the wrist and elbow joints and an itchy nose. -     The fourth applicant, who was diagnosed with a wound in the left forehead area, a closed brain injury and contusion of the left shoulder by the ambulance doctor, was examined and a contused wound measuring 2.5 cm by 0.5 cm on his head was recorded at the hospital. -     The fifth applicant had a bruise on the right hip and a 3 cm by 0.1 cm abrasion on the right arm with a thick crust. She also had pain in the area of the sacrum, stinging eyes, an itchy nose and throat, and stinging skin on the face, neck, chest and shoulders. 13 .     On 21   February 2014, after returning to Moscow, the second and fifth applicants were examined at Outpatient Clinic no. 5. According to the second applicant’s medical records, she had a bruise on the right side of the abdomen measuring 6 cm by 4 cm and swellings in the areas of the right elbow joint and the left middle finger. She was diagnosed with contusion and haematoma in the right iliac area, and contusions of the right elbow joint and the middle finger on the left hand. According to the fifth applicant’s medical records, she had abrasions on the right hand, left forearm and in the area of the knee joints; bruises in the area of the knee joints, left hand and right forearm; and oedema in the lumbar region measuring 2 cm by 1.5 cm. She was diagnosed with contusions, haematomas and abrasions of the upper and lower extremities, and contusion of soft tissues of the lumbar region. the authorities’ response The applicants’ complaints and statements 14.     On 19 February 2014 the incident was reported to the police, including as a result of complaints made by the applicants when applying for medical aid at the hospital. On the same day the police interviewed the first, third and fourth applicants, on 22 February 2014 the first, second and fifth applicants, and on 28 February 2014 the third and fourth applicants. The applicants complained that they had been attacked by a group of men in Cossack uniform and in civilian clothes. The applicants described the violence they had suffered, noting that it had not been preceded by any warning. 15 .     In particular, the third applicant stated that she had been sprayed from a gas canister simultaneously with the fifth applicant by the same man in Cossack uniform; her eyes had started burning. A short Cossack with a fur hat had grabbed and pulled her by the arms and had then grabbed her by the neck, pressing on her throat with one hand and on the back of her head with the other hand. He had then pushed her to the ground with force; she had fallen hitting her head, elbow and knees. After that the police had arrived. The Cossacks had continued attacking people when the police arrived, without the police reacting in any way. Nor had the police reacted to the applicants’ request that the Cossacks who had attacked them be arrested. Her eyes had been watery, and she had felt pain in the left elbow and in the area of the right kidney. A man in civilian clothes had been giving orders to the Cossacks, accompanying this with foul language. 16.     The fourth applicant stated that the attackers had held his arms behind his back, hit him on the head and pushed him to the tarmac while holding his arms, inflicting intense pain. A man in civilian clothes had been giving orders to the Cossacks; he had ordered them to attack the fourth applicant. The applicants had asked police officers who had arrived at the scene of the incident to arrest the Cossacks who had attacked them, but to no avail. 17 .     On 20 February 2014 the applicants informed the police that with the help of open sources they had managed to establish the identity of two assailants, N.K., who was head of the Cossack association of the Tsentralnyy district of Sochi, and V.K., who was commander of a Cossack guard of the same association. On 22 February 2014 the fifth applicant stated that it was N.K. who had pushed and thrown her to the ground and dragged the second applicant by the arms. The applicants were confident that they would be able to identify the other assailants. 18 .     On 27 February 2014 the applicants’ lawyer submitted an application to the police, arguing that the attackers’ violent actions had to be classified as hooliganism motivated by religious and ideological hatred committed by a group of persons, under Article 213 of the Criminal Code. N.K. had been giving orders to the Cossacks and had committed violence himself, ripping the balaclavas from the second and fourth applicants, pulling the second and fifth applicants by the arms and grabbing the fourth applicant by the head. After the incident, wishing to justify the violence, he had sent a letter to the Sochi public prosecutor (and published it on the Internet) protesting against Pussy Riot’s presence in Sochi and expressing his religious and ideological animosity towards them. V.K. had attacked the first and fifth applicants with tear gas and ripped the fifth applicant’s balaclava off. A tall Cossack with a moustache had attacked the applicants with a whip and threatened them verbally, using foul language. A short Cossack in a traditional Cossack hat had sprayed tear gas and attacked the third applicant, suffocating her, twisting her arms, pushing and throwing her to the ground and ripping her balaclava off. Several individuals had attacked the fourth applicant, ripping a guitar from his hands and hitting him on the head. Pre-investigation inquiry 19 .     On 20 February 2014 the acting head of the inquiry unit ( отдел дознания ) of the Sochi transport police submitted a plan for an inquiry into the applicants’ complaints, which was approved the next day by the head of the transport department of the Russian Ministry of the Interior for the Southern Federal Circuit. The plan consisted of a number of “pre ‑ investigation” measures, in particular: (i)   to interview the Pussy Riot members at their places of residence and to establish if they had applied for medical assistance there; (ii)   to request their medical records for examination by forensic medical experts; (iii) to establish the identity of the Cossacks involved and to interview them; (iv) to request the ataman of the Cossack Association of the Tsentralnyy district of Sochi to provide information about the members of the Cossack guards in February 2014 in the Tsentralnyy district of Sochi, including the timetable and lists of those carrying out service, service regulations and references; (v) to request the Tsentralnyy district police department of Sochi to provide information about Cossacks who had participated in police patrols in February 2014; and (vi) to interview Yu.S., who had been found guilty in the administrative proceedings on 20   February 2014 (see paragraph 24 below). 20.     On 4 March 2014 a deputy head of the investigation unit ( следственный отдел ) of the Sochi transport police ordered that the application submitted by the applicants’ lawyer on 27 February 2014 be transferred to the inquiry unit of the Sochi transport police, before which similar complaints were pending. He stated that the alleged actions could not be categorised as hooliganism, and that other provisions of the Criminal Code could apply, for example intentional infliction of harm to health of medium gravity motivated by hatred under Article 112 § 2 (f). 21 .     Following a “pre ‑ investigation inquiry”, on 21   March 2014 an inquirer ( дознаватель ) from the seaport police unit of the Sochi transport police issued a refusal to institute criminal proceedings. On 31   March 2014 that decision was set aside as unlawful and unfounded by the Sochi transport prosecutor’s office. The inquirer issued eight more decisions declining to prosecute for want of the elements of a crime in the actions of Yu.S. and I.G. and, starting from the decisions issued in May 2014, in the actions of N.K. and V.K. All the decisions were set aside by the prosecutor’s office for the same reason, in particular for failure to establish the identity of the other Cossacks who had participated in the incident, and to establish whether the Cossack who had used a whip could be identified as Yu.S. An appeal by the applicants to the courts seeking to have the investigating authority’s inaction declared unlawful was rejected on the grounds that the investigating authority had not been inactive, its activity having been demonstrated by the decisions it had issued (the Sochi Tsentralnyy District Court’s judgment of 24   September 2014, as upheld by the Krasnodar Regional Court on 7   November 2014). 22.     In the course of the pre-investigation inquiry the police interviewed witnesses and examined video recordings and forensic medical experts’ reports as follows. Witnesses 23 .     Four individuals, interviewed on 19 February 2014, stated that they had seen the incident (S.D., S.A., D.Ya. and A.Kh., who was a security guard from the Ministry of Transport security service). They expressed indignation at the applicants’ “provocative” behaviour, the “political character” of their song and the use of “profane” language, considering their performance to be a breach of public order which the Cossacks had rightly tried to suppress. 24 .     On 20 February 2014 Yu.S. stated that at about 4 p.m. the previous day at the Sochi seaport he had seen a group of people including Cossacks, as well as female members of Pussy Riot who had performed in the Christ the Saviour Cathedral in Moscow and desecrated the feelings of the Orthodox believers. A deep believer himself, he had been unable to restrain himself and had sworn at them. He had been outraged by the offensive denigrating words some of the women had been shouting in respect of the President of the country. He denied “touching anyone with his hands”. On 20 February 2014 the chief of the Sochi transport police established that Yu.S. had behaved aggressively, swearing loudly and engaging in harassing behaviour towards citizens, thereby breaching public order and displaying blatant disrespect to society. Yu.S. was found guilty of petty hooliganism (an administrative offence) and given a fine of 1,000 Russian roubles (RUB). 25 .     On 21 February 2014 the head of the criminal search unit of the Sochi transport police questioned Yu.S., who stated that he was one of eight Cossacks from a village in the Krasnodar Region who had been sent to Sochi by their Cossack association for the duration of the Olympic Winter Games, to carry out service for maintaining public order in the Adler district of Sochi, where they were all provided with accommodation. He denied beating the Pussy Riot members or having had a whip or a pepper spray can on him at the time of the incident. 26 .     On 2 March 2014 I.G., a member of the Cossack association of Armavir (Krasnodar Region), stated that he had been present at the place of the incident where young people including girls in bright clothes had been behaving provocatively and unknown people had been suppressing their unlawful actions. No one had inflicted injuries on those young people, and no one, including himself, had been dressed in Cossack uniform. He denied that anyone from his Cossack association had been present. 27 .     O.N., A.K., T.S. and Kh. (interviewed on 27 February, 2 March, 3   March and 7 April 2014 respectively) confirmed the applicants’ account of events. Kh. stated that N.K. (dressed in civilian clothes) had been giving orders to the Cossacks. A.K., a journalist, and T.S., a photographer, had also been victims of the attack with a whip and gas spray and had suffered injuries. 28 .     N.K., head of the Cossack association of the Tsentralnyy district of Sochi of the Kuban Host Cossack Association, interviewed on 11 April 2014, stated that on 19 February 2014 he had not been on duty and had been wearing civilian clothes. He had seen a scuffle between a group of people in bright clothes and caps, who had been insulting society through their indecent behaviour (that is to say, by using foul language and shouting “Putin will teach [you] to love the Motherland”), and unknown people wearing a uniform resembling the Kuban Cossack uniform joined by others, who had been suppressing the group’s unlawful actions. The Cossacks had not applied any physical force to anyone and had had no Cossack attributes or “special means” in their hands. He himself had said nothing and had not used any physical force. Several minutes later people had started dispersing, the police had arrived, and he had left. 29 .     V.K., commander of the Cossack guard of the Cossack association of the Tsentralnyy district of Sochi of the Kuban Host Cossack Association, interviewed on 13 April 2014, stated that on 19 February 2014 he had been on duty in the Tsentralnyy district of Sochi. He had been dressed in Cossack uniform. He had had no whip or special means on him. At about 4 p.m. he had been on his way to check on a Cossack patrol at the seaport. He had seen unfamiliar Cossacks standing by a cafe. People wearing bright clothes had emerged from the cafe and proceeded to the pier. The Cossacks had followed them. He had also followed them. The people had put bright balaclavas on their heads and had started behaving provocatively, using foul language and shouting “Putin will teach [you] to love the Motherland”. By doing so they had clearly expressed their negative attitude towards society, and therefore the Cossacks had started suppressing their unlawful actions. One of the Cossacks had started using a whip, which was a Cossack attribute. V.K. had asked him to stop using the whip. In the middle of the scuffle N.K., ataman of the Cossack association of the Tsentralnyy district of Sochi, had arrived at the scene of the incident. He had been wearing civilian clothes. Neither V.K. nor N.K. had used any physical force, and they had not been swearing. V.K. had seen a young man running away. Thinking that he had committed an offence, V.K. had unsuccessfully tried to apprehend him. Police officers had arrived at the scene of the incident and V.K. had left to check on the Cossack patrol. V.K. had identified himself on a video which the police inquirer had shown to him. There had been no members of the Cossack guard from his association among the Cossacks who had participated in the scuffle. V.K. and N.K. had been there by chance. Video recordings 30 .     On 6 and 8 April 2014 the inquirer examined the video recordings of the incident from a CCTV camera on pier no.   10 and video recordings submitted by the applicants’ lawyer on 27 February 2014. The inquirer’s records of the examination of the recordings largely reflected the applicants’ account of events (see paragraph 10 above). In particular, the records indicated that a short Cossack had grabbed the third applicant by the hands and pushed her; then had grabbed her hair with one hand and her neck with the other; she had fallen on her knees, screaming. A woman with a photo camera, identified as T.S., had been pushed by a man in civilian clothes, after which she had fallen on the cobblestones “on her own”. There had been a scuffle between a man with a camera and a Cossack. 31 .     According to those records, two police officers arrived after the Pussy Riot members had collected their belongings and moved away towards the pavement, where many people had gathered. The Cossacks who had participated in the scuffle were in the crowd. The fourth applicant pointed to a man in the crowd, asking the police to arrest him because that man had allegedly beaten the fourth applicant up. A woman complained about having been hit with a whip. The camera then showed a moustached Cossack holding a whip. Some scuffles continued to take place after the arrival of the police: between a man and a Cossack holding a small object in his hand, with “unidentified liquid” being sprayed; and between a man with a camera screaming and another man in civilian clothes. There were voices in the crowd saying, inter alia : “traitors of Russia”, “came from America”, “political whores” and “villains”. A police officer said that everyone needed to disperse. Then more police officers arrived. Forensic medical experts’ reports 32 .     Forensic medical experts’ reports of 3   March 2014, ordered by the police inquirer on 24   February 2014 and prepared by experts from State forensic medical bureau no. 2 in Sochi on the basis of the applicants’ medical records from Sochi Town Hospital no. 4 (see paragraph 12 above), stated as follows. 33.     The first applicant’s diagnosis of mild chemical burns to the eyes was not supported by the description of clinical signs in his medical records, which did not mention corneal erosion. Therefore, the injuries were not subject to a forensic medical assessment of damage to health. Eye irritation akin to the applicant’s could have had a variety of causes, including eye infections, allergies, mechanical irritation or exposure to irritating substances. 34.     The second applicant’s records did not refer to any injuries which could be subject to an assessment of damage to health. 35.     It could not be established how and when the fourth applicant had received the wound in the area of the left forehead because no description of the wound’s morphological characteristics was present in the medical records. Not leading to a short-term health disorder, such a wound was not considered an injury causing damage to health. The injuries relating to the diagnoses of closed brain injury and contusion of the left shoulder were not described in the medical records and could not therefore be assessed. 36 .     The fifth applicant’s abrasion on the arm did not lead to her temporary loss of working capacity and was not therefore considered damage to health. It could have been caused by a blunt object with a limited contact surface or by an object with a sharp end. Decision of 9 March 2015 concluding the inquiry 37 .     Relying on the results of the pre-investigation inquiry (see paragraphs   23-36 above), on 9 March 2015 the inquirer of the Sochi transport police issued the most recent refusal to institute criminal proceedings for want of the elements of a crime, largely repeating the refusals issued previously. It was established that at 4 p.m. on 19 February 2014 at pier no. 10 at the seaport in the Tsentralnyy district of Sochi a scuffle had taken place between the Pussy Riot members and members of the Kuban Host Cossack Association Yu.S., I.G., V.K. and N.K., in the course of which the fourth and fifth applicants had received injuries. The first applicant’s injuries could have originated from causes unrelated to the incident, and no injuries had been recorded on the second applicant. None of the injuries recorded had been classified as damage to health. It was found that, in the absence of damage to health, the actions of Yu.S. and I.G. could not be classified under Article 115 of the Criminal Code (intentional infliction of minor damage to health, see paragraph 55 below). Nor could they be classified under Article 116 of the Criminal Code (battery, see paragraph 55 below) because one blow did not constitute battery. As regards V.K. and N.K., it had not been established that they had subjected anyone to beatings or other violence inflicting physical pain. The decision did not clarify what actions of the four Cossacks had been established. It indicated that the applicants could apply to the Justice of the Peace seeking private prosecution of the attackers. In a letter of 29   March   2015 accompanying the decision sent to the applicants, the inquirer added that offences under Article 116 of the Criminal Code were subject to private prosecution, through an application to the Justice of the Peace. RELEVANT LEGAL FRAMEWORK AND PRACTICE domestic law and practice Cossack State service Legislation of the Russian Federation 38 .     The legislation of the Russian Federation in force at the material time regulated Cossack State service, in so far as relevant to the present case, as follows. 39.     Decree no. 355 of 22 April 1994 of the Government of the Russian Federation on State Policy concerning Cossacks provided as follows: 1.     Resurrection of Cossack State service “For the main part of their history the Cossacks were linked to State service, and it was in the course of State service that the Cossacks acquired the features that distinguish them as a particular group of the Russian people. The combination of State service with a specific military and agricultural way of life constituted the precondition for the development of the traditional form of Cossack State service, which proved highly efficient for centuries ...” 2.     Type and forms of Cossack State service “Taking into account the historical traditions and the State’s modern needs, ... the government considers it appropriate to define the following types of Cossack State service: - service in the armed forces of the Russian Federation; - service for the State border protection; - customs service; - service in the operative units of the internal troops of the Ministry of the Interior of the Russian Federation; - service for maintaining public order ...” 40.     Section 2 of Federal Law no. 154-FZ of 5 December 2005 on State Service of the Russian Cossacks (hereinafter “the Cossack State Service Act”) provided that the Russian Cossacks were citizens of the Russian Federation who were members of Cossack associations ( казачьи общества ). A Cossack association was a non ‑ profit organisation, the members of which took upon themselves a duty to carry out State or other public service; such an association had to be entered in the State register of Cossack associations of the Russian Federation. Article 123.15 of the Civil Code of the Russian Federation and section 6(2) of the Non ‑ Commercial Organisations Act (Law   no. 7-FZ of 12 January 1996, as amended on 3 June 2009) contained similar provisions. 41 .     Under section 2 of the Cossack State Service Act, territorial Cossack associations, namely (i)   village, settlement and town associations; (ii)   district associations; (iii) circuit associations; and (iv) host (or army) associations, formed part of the All ‑ Russian Cossack Association. A Cossack association was managed by its high governing body, its ataman and other bodies in accordance with its charter; the charter of the All-Russian Cossack Association was approved by the President of the Russian Federation. 42 .     Under section 4 of the Cossack State Service Act, the main principles of Cossack State service were legality, priority of human rights and freedoms, their direct application and the obligation to acknowledge, enforce and protect them. 43 .     Under section 5 of the Cossack State Service Act, Cossacks carried out State civil service, military service and law-enforcement service in accordance with the federal legislation. They also took part in maintaining public order and carried out other activities on the basis of agreements between Cossack associations and organs of the federal executive State authorities, executive State authorities of the subjects (constituent entities) of the Russian Federation and local municipal authorities in accordance with the legislation of the Russian Federation. The President of the Russian Federation determined the procedure by which members of Cossack associations took up duties to carry out State or other public service, and the Cossack ranks, uniform and insignia. 44 .     Decree no.   1124 of the President of the Russian Federation of 7   October 2009 provided that individual applications by members of a Cossack association to take up duties to carry out State or other public service were submitted to the association ataman, who presented them to the general assembly of the Cossack association for approval. The decision of the Cossack association thus taken (with information about the number of Cossacks for each type of service) was subject to approval by a higher ataman and the federal and/or territorial organs of the State executive authority. Approvals of duties to carry out service were recorded in the charter of the Cossack association. Employment contracts for carrying out service were concluded between the Cossack association and its members. 45.     The process for the taking up of duties to carry out State or other public service by members of primary Cossack associations (village, settlement and town associations) or district and circuit Cossack associations which formed part of a Cossack host (or army) association was organised by the ataman of a Cossack host. The ataman of a Cossack host was elected by its high governing body for five years and had to be approved by the Russian President on a proposal by a federal organ of the State executive authority responsible for interaction with the Cossack associations (section 5 §§ 9-10 of the Cossack State Service Act). The highest rank – Cossack general – was conferred by the President of the Russian Federation on a proposal by a federal organ of the State executive authority responsible for interaction with Cossack associations; the main ranks were conferred in the order determined by the President of the Russian Federation (decree no. 169 of the President of the Russian Federation of 9 February 2010). 46 .     Under section 7 of the Cossack State Service Act, federal and/or territorial organs of State executive authorities, State executive authorities of the subjects of the Russian Federation and local municipal authorities had a right to involve the members of Cossack associations in carrying out their respective tasks and functions in accordance with agreements concluded with Cossack associations in the order determined by the Government of the Russian Federation. Those authorities carried out supervision over the compliance with the terms of such agreements. 47 .     In accordance with Decree no.   806 of the Government of the Russian Federation of 8 October 2009, State civil service, law-enforcement service and municipal service were to be carried out on the basis of employment or service contracts with the members of Cossack associations. As regards service of the members of Cossack associations in the form of assistance to federal and/or territorial organs of the State executive authorities, State executive authorities of the subjects of the Russian Federation and local municipal authorities in carrying out their tasks and functions, it was to be performed on the basis of agreements concluded between a federal or territorial organ of a State executive authority and a Cossack association in accordance with a template approved by a competent Ministry. The decision to conclude such agreements had to be taken by the head of a federal or territorial organ of a State executive authority. The agreements had to determine, inter alia , the procedure for the involvement of the members of Cossack associations, the rights and obligations of the parties and financial terms. 48 .     Under section 8 of the Cossack State Service Act, the State service of the Russian Cossacks was financed from the federal budget, budgets of the subjects of the Russian Federation and municipal budgets. 49 .     Federal Law no. 44-FZ of 2 April 2014 on Participation of Citizens in Maintaining Public Order (which entered into force in July 2014) created the legal conditions for voluntary assistance of Russian citizens to the police and other law-enforcement authorities in maintaining public order. The forms of such activity include, inter alia , people’s guards ( народные дружины ) participating in maintaining public order in collaboration with the police and other law-enforcement, State and local authorities. People’s guards can be formed from members of Cossack associations entered in the State register of Cossack associations. Members of people’s guards have to satisfy certain conditions, such as, inter alia , having full legal capacity, not having any mental disorders or drug or alcohol addiction, not being the subject of an ongoing prosecution or not having a criminal record in respect of certain offences. Under section 19 of the Act, members of people’s guards are allowed to use physical force in the event of danger directly threatening them or others in situations of necessary defence or extreme need within the limits established by the legislation of the Russian Federation. The use of physical force must normally be preceded by a warning. The use of force against visibly pregnant women, invalids and minors is prohibited, save in the case of an armed or grouped attack committed by such individuals. Cossack State service in the Krasnodar Region 50 .     Law no. 1267-KZ of the Krasnodar Region of 28 June 2007, as in force at the material time, provided that the collective participation of citizens in maintaining public order could be done through the activity of Cossack guards formed by the Cossack associations of the Kuban Cossack Host Association if there was an agreement with the relevant law ‑ enforcement authority. The Cossack guards were composed of members of the Cossack associations who had undertaken to carry out State and other public service. Members of the Cossack guard had to perform their duties jointly with law ‑ enforcement officers. Individuals who had criminal records or had been convicted of certain administrative offences, placed under medical supervision for mental disorders or drug or alcohol addiction, or declared legally incapacitated or physically unfit could not become members of the Cossack guard. Law no.   1267 ‑ KZ (section 9) defined the duties of the Cossack guard members as follows: “(1)     to participate in maintaining public order; to take the initiative in carrying out preventive work with offenders; (2)     to strictly observe the legislation of the Russian Federation and the legislation of the Krasnodar Region; (3)     to act in a disciplined manner; while carrying out duties to maintain public order, to faithfully execute tasks given by the commander of ... a Cossack guard and by police officers; (4)     to use the rights given by the legislation of the Russian Federation for the suppression and prevention of offences; to protect citizens’ honour and dignity from culpable infringements or other anti-social manifestations; to be polite and attentive in communication with citizens; (5)     to increase their level of legal knowledge; to acquire modern methods of fighting crime; (6)     while carrying out duties to maintain public order, to carry with them a guard card and other external attributes.” Members of the Cossack guard had the following rights (section 10 of Law   no. 1267-KZ): “(1)     to demand that citizens cease the commission of offences; (2)     to demand ID documents from persons violating public order where their identification is necessary for establishing the circumstances of offences that have been committed; (3)     for the purposes of suppressing offences, to take perpetrators to public centres for maintaining order or the relevant police stations; (4)     to enter entertainment, recreation and other public areas in pursuit of fleeing offenders; (5)     to take individuals to police stations when they appear in public places in a state of inebriation offensive to human dignity and public morality.” Law no. 1267-KZ (section 12) provided for allowances to be paid from the regional budget in the event of death (RUB 1,000,000), disability (RUB   500,000) and injuries (RUB 100,000) caused to members of Cossack guards in connection with their participation in maintaining public order. 51 .     In accordance with joint order