CEDH · CASELAW;JUDGMENTS;COMMITTEE;ENG — 12 septembre 2024
- ECLI
- ECLI:CE:ECHR:2024:0912JUD007418617
- Date
- 12 septembre 2024
- Publication
- 12 septembre 2024
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version préliminaireFaits
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Procédure
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Question juridique
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Solution
source officielleViolation of Article 6 - Right to a fair trial (Article 6 - Criminal proceedings;Article 6-1 - Impartial tribunal);Violation of Article 5 - Right to liberty and security (Article 5-1 - Lawful arrest or detention);Violation of Article 10 - Freedom of expression - {general} (Article 10-1 - Freedom of expression);Violation of Article 10 - Freedom of expression - {general} (Article 10-1 - Freedom of expression);Violation of Article 11 - Freedom of assembly and association (Article 11-1 - Freedom of peaceful assembly);Violation of Article 11 - Freedom of assembly and association (Article 11-1 - Freedom of peaceful assembly)
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margin-left:15.01pt; margin-bottom:3pt; text-align:justify; padding-left:1.99pt; font-family:Arial } .s74818F78 { margin-top:14pt; margin-bottom:3pt; text-align:justify; font-family:Arial; list-style-position:inside } .sE7B3A78A { width:1.99pt; font:7pt 'Times New Roman'; display:inline-block } .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 } .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 } .sC646A315 { width:14.54pt; display:inline-block } .s7E447BAE { width:130.42pt; display:inline-block } .s9852CA4C { width:7.54pt; display:inline-block } .s9E436411 { width:138.09pt; display:inline-block } .s4ACA9207 { page-break-before:always; clear:both; mso-break-type:section-break } .sCC22C24E { font-family:Arial; color:#3e3e3e } .s6DB91820 { text-align:center } .s8BB62139 { margin-right:auto; margin-left:auto; border-collapse:collapse } .s2F3EB0E4 { border:0.75pt solid #838383; padding:1.02pt 5.03pt; vertical-align:top; background-color:#dfdfdf } .sDF237D91 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:8pt } .sE1A7A04C { font-family:Arial; font-weight:bold; color:#424242 } .s7ED160F0 { text-decoration:none } .sAB95A5CB { font-family:Arial; font-size:5.33pt; font-weight:bold; vertical-align:super; color:#424242 } .sBAADFE8C { border:0.75pt solid #838383; padding:1.02pt 5.03pt; vertical-align:top } .s4F2ADFDB { text-align:center; font-family:Arial; font-size:8pt; list-style-position:inside } .sBB6163A7 { width:2.48pt; font:7pt 'Times New Roman'; display:inline-block } .s598389F9 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:12pt } .s5FFF0A7E { margin-top:0pt; margin-bottom:0pt; font-size:8pt } .sF6A12959 { width:33%; height:1px; text-align:left } .sA4BC3E2E { font-family:Arial; font-size:5.33pt; vertical-align:super; color:#000000 }   FIFTH SECTION CASE OF ORLOVSKIY AND OTHERS v. RUSSIA (Applications nos. 74186/17 and 25 others – see appended list)             JUDGMENT   STRASBOURG 12 September 2024   This judgment is final but it may be subject to editorial revision. In the case of Orlovskiy and Others v. Russia, The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:   María Elósegui , President ,   Kateřina Šimáčková,   Stéphane Pisani , judges , and Viktoriya Maradudina, Acting Deputy Section Registrar, Having deliberated in private on 11 July 2024, 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 lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings. 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, and Pivkina and Others v. Russia (dec.), nos.   2134/23 and 6 others, §§   71-81, 6 June 2023). M s Navalnaya’s standing 7.     The Court has taken note of Ms Yulia Navalnaya’s wish to pursue the complaints lodged by her late husband, Mr A. Navalnyy (application no.   6836/20), and recognises her standing for that purpose (see López Ribalda and Others v. Spain [GC], nos. 1874/13 and 8567/13, §§   72 ‑ 73, 17   October 2019). ALLEGED VIOLATION OF ARTICLE 6 § 1 of the Convention 8.     The applicants complained of the lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings. They relied, expressly or in substance, on Article 6 § 1 of the Convention. 9.     In the leading case of Karelin v. Russia, no. 926/08, 20 September 2016, the Court already found a violation in respect of issues similar to those in the present case. Having examined all the material submitted to it, and having taken into account the issue of compliance with the six-month time ‑ limit under Article 35 § 1 of the Convention (see Saakashvili v.   Georgia   (dec.), nos. 6232/20 and 22394/20, §§ 46-59, 1   March 2022), the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of these complaints. 10.     These complaints are therefore admissible and disclose a breach of Article   6 § 1 of the Convention. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW 11.     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. 12.     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; Elvira Dmitriyeva v.   Russia , nos.   60921/17   and   7202/18, §§   77-90, 30 April 2019, as to administrative conviction for making calls to participate in public assemblies; Frumkin v. Russia ,   no.   74568/12, §§   93-142, ECHR 2016 (extracts),   as to disproportionate measures in respect of participants and organisers of public events; mutatis mutandis, Taranenko   v. Russia , no.   19554/05, § 88, 15 May 2014, Mesut Yıldız and Others v. Turkey , no. 8157/10, §   34, 18 July 2017, Kemal Çetin v. Turkey , no. 3704/13, §§ 47-48, 26 May 2020, İmrek v. Turkey , no. 45975/12, §§ 35-38, 10 November 2020, Genov and Sarbinska v.   Bulgaria , no. 52358/15, §§   74-84, 30 November 2021, and Laurijsen and Others v. the Netherlands , nos.   56896/17 and 4 others, §§ 58 and 65-66, 21   November 2023, as to the lack of relevant and sufficient reasons for civil liability for damage caused during peaceful protests; RID Novaya   Gazeta and ZAO Novaya Gazeta v.   Russia , no.   44561/11, §§ 101-13, 11 May 2021, Karatayev v.   Russia [Committee], no.   56109/07, §§ 21-27, 13   July 2021; and OOO Memo v.   Russia , no.   2840/10, §§ 35-50, 15   March 2022, as to various interferences with the right to freedom of expression and the lack of relevant and sufficient reasons for those interferences. REMAINING COMPLAINTS 13.     Some applicants raised further additional complaints. In view of the findings in the paragraphs above, the Court considers that there is no need to deal separately with these remaining complaints.          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, Kuratov and Others v. Russia [Committee], nos.   24377/15 and 2 others, 22 October 2019), the Court considers 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 these applications as they relate to facts that took place before 16   September 2022; Holds that Ms Yulia Navalnaya has standing to continue the present proceedings in her late husband’s stead in application no. 6836/20; Declares the complaint under Article 6 § 1 of the Convention 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 examine separately the remaining complaints; Holds that these applications disclose a breach of Article   6 § 1 of the Convention concerning the lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings; 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); 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 12 September 2024, pursuant to Rule   77   §§   2 and   3 of the Rules of Court.   Viktoriya Maradudina   María Elósegui   Acting Deputy Registrar   President   APPENDIX List of applications raising complaints under Article 6 § 1 of the Convention (lack of impartiality of the tribunal in view of the absence of the prosecuting party in administrative-offence proceedings) No. Application no. Date of introduction Applicant’s name Year of birth   Representative’s name and location Penalty Date of final domestic decision Name of court Other complaints under   well-established case-law Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant (in euros) [1]     74186/17 02/09/2017 Konstantin Aleksandrovich ORLOVSKIY 1990   Dmitriy Sergeyevich SANGORSKIY 1971 Zboroshenko Nikolay Sergeyevich Moscow 10 days of detention       10 days of detention 04/04/2017 Moscow City Court (applicant Orlovskiy)   31/03/2017 Moscow City Court (applicant Sangorskiy) Art. 5 (1) - unlawful detention - on 26-28/03/2017 the applicants’ escorting to and detention in a police station and after compiling offence,   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - the applicants were arrested and sentenced to 10-day detention in relation to participation in a protest rally on 26/03/2017. 5,000 to each applicant     79077/17 10/11/2017 Ilya Valeryevich YASHIN 1983 Mikhaylova Olga Olegovna Moscow   Peredruk Aleksandr Dmitriyevich St Petersburg fine of RUB 20,000     10 days of detention 20/04/2021 Moscow City Court   20/04/2021 Moscow City Court Art. 5 (1) - unlawful detention - on 12-13/06/2017, 14/07/2019, 27/07/2019, again on 27-29/07/2019, 18-20/08/2019, 28-29/08/2019, 31/01/2021 and 01/02/2021 escorting to and detention in a police station for and after compiling offence reports;   Art. 10 (1) - conviction for making calls to participate in public events - the applicant was arrested (see above) and sentenced, in separate sets of proceedings, to terms of 10-day detention -   (i) in relation to forthcoming protest rallies on 14/07/2019 and 15/07/2019 (final decisions respectively on 23/08/2019 and 09/08/2019 by the Moscow City Court); for calling for assemblies on 18-19/07/2019 (final decision on 27/08/2019 by the City Court),   (ii) in relation to calling others, each time through a post on his social ‑ networking account on 23/07/2019 and 29/07/2019, to participate in forthcoming protest rallies on 27/07/2019 and 03/08/2019 respectively (final decisions on 06/08/2019 and 03/09/2019 respectively by the City Court);   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies –   (i) the applicant was arrested and sentenced to 15-day detention in relation to failure to comply with a police order to cease participation in a non ‑ notified protest rally on 12/06/2017 (final decision on 16/06/2017 by City Court),   (ii) the applicant was arrested and sentenced to a fine of RUB   20,000 for his participation in the protest rally on 31/01/2021 (final decision on 20/04/2021 by City Court). 10,000     38393/18 30/07/2018 Liliya Ayratovna CHANYSHEVA 1982 Zhdanov Ivan Yuryevich Vilnius   Bochilo Anna Yevgenyevna Barnaul           4 days of detention   18 days of detention   5 days of detention   10 days of detention Supreme Court of the Bashkortostan Republic   30/01/2018     11/05/2018     08/02/2021     15/02/2021   Art. 5 (1) - unlawful detention - on 08-09/05/2018, 23-24/01/2021 and 31/01/2021-01/02/2021 escorting to and detention in a police station for and after compiling offence reports;   Art. 10 (1) - conviction for making calls to participate in public events:   (i) the applicant was sentenced to 4-day detention for posting one message on social media on a protest rally on 28/01/2018 (final decision on 30/01/2018 by the Supreme Court of the Bashkortostan Republic),   (ii) the applicant was arrested and sentenced to 10-day detention for campaigning for a forthcoming rally against the pension reform on 09/09/2018, by way of distributing leaflets relating to it (final decision on 13/09/2018 by the same court),   (iii) in relation to a rally on 23/01/2021:   - the applicant was arrested and sentenced to 5-day detention for calls to participate in that forthcoming rally (final decision on 08/02/2021 by the same court),   - with reference to the above conviction, in civil proceedings she was ordered to pay jointly with two others over EUR 10,000 (per exchange rate applicable at the time) to the police departments for overtime pay to officers on 23/01/2021 (the damages awards became final and enforceable (due to be paid) following the appeal decisions on 22/02/2022 and 31/03/2022);   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - the applicant was arrested (see above) and sentenced to 18-day and 10-day detention for, respectively, participating in and organising the rallies on 05/05/2018 and 31/01/2021 (final decisions on 11/05/2018 and 15/02/2021 by the Supreme Court of the Bashkortostan Republic). 10,000   in respect of   both applications     48490/18 05/10/2018     38479/18 03/08/2018 Ruslan Tabrizovich SHAVEDDINOV 1996 Gimadi Vyacheslav Ilyich Vilnius 8 days of detention     30 days of detention 02/02/2018 Moscow City Court (served on the applicant on the following days)   31/05/2018 Moscow City Court       Art. 5 (1) - unlawful detention – on 21/05/2018 escorting to a police station for compiling an offence report;   Art. 10 (1) - conviction for making calls to participate in public events - in relation to forthcoming protest rallies on 28/01/2018 and 05/05/2018 (final decisions on 02/02/2018 and 31/05/2018 by the Moscow City Court). 5,000     41518/18 12/08/2018 Sergey Anatolyevich UKHOV 1985 Mezak Ernest Aleksandrovich Saint-Barthélemy-d’Anjou 15 days of detention     5 days of detention 17/09/2018 Perm Regional Court   26/01/2021   Perm Regional Court Art. 5 (1) - unlawful detention – (i) on 08-10/09/2018 escorting to and detention in a police station for and after compiling an offence report, (ii) on 23/01/2021 escorting to a police station for compiling an offence report;   Art. 10 (1) - conviction for making calls to participate in public events – on 21/01/2021 the applicant posted a video on a social-networking platform on a forthcoming rally on 23/01/2021; he was arrested and sentenced to 5-day detention (final decision on 26/01/2021 by the Perm Regional Court);   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - the applicant was sentenced to 30 hours of community work in relation to participation in a political meeting on 24/11/2017 (final decision on 12/02/2018 by the Perm Regional Court). 5,000     43206/18 24/08/2018 Aleksandr Yuryevich URUSOV 1989 Glukhov Aleksey Vladimirovich Novocheboksarsk 3 days of detention 27/02/2018 Supreme Court of the Chuvashia Republic Art. 10 (1) - restriction on freedom of expression for displaying a totalitarian symbol - the applicant was sentenced to 3-day detention for images with the swastika (such as a cartoon-type pony with that symbol) on his social-networking account (RID Novaya   Gazeta and ZAO Novaya Gazeta v.   Russia, no. 44561/11, 11 May 2021, and Karatayev v.   Russia [Committee], no. 56109/07, 13   July 2021). 5,000     44097/18 31/08/2018 Denis Aleksandrovich MIKHAYLOV 1996 Peredruk Aleksandr Dmitriyevich St Petersburg 25 days of detention (applicant Mikhaylov)   fine of RUB 300,000 (applicant Mikhaylov)     9 days of detention (applicant Litvin)     fine of RUB 20,000 (application Litvin) 07/03/2018 St Petersburg City Court     06/09/2018 St Petersburg City Court     10/05/2018 St Petersburg City Court     29/03/2019 St Petersburg City Court           Art. 5 (1) - unlawful detention - on 02/03/2018 applicant Mikhaylov’s escorting to a police station for compiling an offence report;   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies –   (i) applicant Mikhaylov was arrested and sentenced to 25-day detention in relation to a protest rally on 28/01/2018 (Art. 20.2 of CAO; final decision on 07/03/2018the by St Petersburg City Court); he was also sentenced to a fine of RUB   300,000 for reposting a message on his social-networking account on 05/05/2018, thereby acting as an organiser of the protests on that day (Art. 20.2 of CAO; final decision on 06/09/2018 by the City Court respectively);   (ii) applicant Litvin was sentenced to 9-day detention for participation in a procession through Neva Avenue in St Petersburg on 05/05/2018 (Art. 19.3 of CAO, final decision on 10/05/2018 by the St Petersburg City Court); he was also sentenced to a fine of RUB 20,000 for posting a message on Twitter about a rally planned (but not then held) at Palace Square on 05/05/2018, thereby acting as a de facto organiser of the protests elsewhere in the city on that day (Art. 20.2 of CAO; final decision on 29/03/2019 by the City Court),   (iii) the applicants were ordered to pay over EUR 97,000 (per exchange rate applicable at the time) for damage caused by others to city lawns in Aleksander Garden and Winter Palace garden in St Petersburg on 05/05/2018 (final decisions on 10/02/2020 (Litvin) and 07/08/2020 (Mikhaylov) by the Supreme Court of Russia). for all applications:   Non-pecuniary damage:   9,500 to Mr Mikhaylov;   6,500 to Mr Litvin   Costs and expenses:   3,000 for legal costs, to be paid directly to Mr   Peredruk, as requested     8672/19 29/01/2019 Zhdanov Ivan Yuryevich Vilnius     55512/18 10/11/2018 Bogdan Gennadyevich LITVIN 1994 Peredruk Aleksandr Dmitriyevich St Petersburg   38241/19 04/07/2019   38483/20 10/08/2020   52031/20 31/10/2020 Denis Aleksandrovich MIKHAYLOV 1996   38510/19 03/07/2019 Kirill Vladimirovich YAROSLAVTSEV 1996 Tomilov Nikita Sergeyevich Berlin 3 days of detention 23/05/2019 Sverdlovsk Regional Court   3,000   51469/19 23/09/2019 Vladimir Stanislavovich MILOV 1972 Peredruk Aleksandr Dmitriyevich St Petersburg 15 days of detention       30 days of detention 31/07/2019 Moscow City Court   31/07/2019 Moscow City Court Art. 5 (1) - unlawful detention - on 27-29/07/2019 escorting to and detention in a police station for compiling offence reports,     Art. 10 (1) - various restrictions on the right to freedom of expression:   (i) the applicant was sentenced to 30-day detention for calling others, during a webcast on 25/07/2019, to participate in a rally for fair elections to Mosgorduma on 27/07/2019 (Art. 20.2 of CAO; final decision on 31/07/2019 by the Moscow City Court);   (ii) the applicant’s webcast on 27/07/2019 was terminated, he was arrested and sentenced to 15-day detention for failure to comply with an order to admit the police to the premises (Art. 19.3 of CAO; final decision on 31/07/2019 by Moscow City Court);   (iii) relying on the above administrative conviction under Art. 20.2 of CAO (and similar convictions against others, see also application no. 6836/20 below), in civil proceedings the applicant and several others were ordered to pay jointly over EUR 120,000 (per exchange rate applicable at the time) to: the Moscow public enterprise "Automobile roads" on account of providing the police with trucks for blocking passage on roads; to the Moscow police department and the National Guard for overtime-work pay to officers and diesel for vehicles; to the Moscow city enterprise "Mosgortrans" on account of lost profits relating to disruption of road traffic on 27/07/2019; to the Moscow city enterprise "Moscow metro" on account of their decision to reinforce the on-duty personnel presence on that day; to a private catering company for lost profits because of the rally on 27/07/2019 (final decisions on 30/10/2020, 27/11/2020, 04/12/2020, 19/05/2021, 08/07/2021 and 16/08/2021 by the Supreme Court of Russia). 13,000       54669/19 10/10/2019 Georgiy Valentinovich ALBUROV 1989   Lyubov Eduardovna SOBOL 1987   Gimadi Vyacheslav Ilyich Vilnius     10 days of detention (Alburov)       fine of RUB 300,000 (Sobol)   fine of RUB 300,000 (Sobol)     8 days of detention (Stepanov)       5 days of detention (Stepanov)     30 days of detention (Navalnyy)                                               07/08/2019 Moscow City Court       20/11/2019 Moscow City Court   10/10/2019 Moscow City Court     20/08/2019 Moscow City Court     04/03/2021 Moscow City Court     30/07/2019 Moscow City Court                                           Art. 5 (1) - unlawful detention –   (i) on 27/07/2019 applicant Sobol’s escorting to a police station for compiling an offence report in relation to calls for participation in a rally on that date; on 03/08/2019 and 10/08/2019 her escorting to a police station for compiling offence reports in relation to the protest rallies on 15/07/2019 and 03/08/2019 respectively,   (ii) on 24/07/2019 Navalnyy’s escorting to and detention in a police station for and after compiling an offence report and during the trial;   Art. 10 (1) - conviction for making calls to participate in public events –   (i) applicant Navalnyy was arrested on 24/07/2019 and sentenced to 30-day detention for calling others, during a rally on 20/07/2019 and on social media on the same day, to participate in another rally to be held on 27/07/2019 (final decision on 30/07/2019 by the Moscow City Court);   (ii) applicant Stepanov was arrested and sentenced to 8-day detention and 5-day detention in relation to forthcoming protest rallies on 27/07/2019 and 23/01/2021 (final decisions on 20/08/2019 and 04/03/2021 by the Moscow City Court),   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies:   (i) applicant Sobol was arrested (see above) and sentenced to three fines of RUB   300,000 in relation to: - the rally for fair elections to Mosgorduma held on 15/07/2019 (final decision on 20/11/2019 by the Moscow City Court); - her online posts (identified by the police on 20/07/2019) calling for participation, on 27/07/2019, in the rally for fair elections to Mosgorduma (final decision on 10/10/2019 by the Moscow City Court); - the rally for fair elections to Mosgorduma on 03/08/2019 (final decision on 22/11/2019 by the Moscow City Court);   (ii) applicant Alburov was sentenced to 10-day detention in relation to the rally for fair elections to Mosgorduma on 03/08/2019 (final decision on 07/08/2019 by the Moscow City Court);   (iii) with reference to their CAO convictions for the rally on 03/08/2019, applicants Sobol and Alburov were ordered to pay jointly over EUR 85,000 (per exchange rate applicable at the time) to the Moscow public enterprise "Mosgortrans" on account of lost profits caused by delays in public transportation; to the Moscow public enterprise "Automobile roads" on account of complying with the police order to provide them with trucks to block pedestrian passage, the presence of garbage and cost of dealing with damaged lawns and bushes; to the Moscow metro enterprise on account of overtime pay to its personnel; to the Moscow police department on account of overtime/additional pay incurred in relation to that rally (final decisions on 12/04/2021, 18/06/2021 and 15/10/2021 by the Supreme Court of Russia);   (iv) relying on the administrative convictions concerning the rally on 27/07/2019 (see Uvarkina and Others v. Russia [Committee], nos. 70089/12 and 40 others, 13 April 2023 for Zhdanov, and above for Navalnyy, Sobol and Stepanov), they were ordered, each time together with other people (see application no. 51469/19 above), to pay jointly over EUR 100,000 (per exchange rate applicable at the time): to the Moscow enterprise "Automobile roads", the Moscow enterprise "Mosgortrans", the Moscow city enterprise "Moscow metro" and the Moscow police department on account of overtime/additional pay (final decisions on 27/10/2020, 27/11/2020, 04/12/2020 and 08/10/2021 by the Supreme Court of Russia). for all applications:   14,000 to Ms Sobol     6,500 to Mr Alburov     6,500 to Mr Navalnyy, to be paid to Ms Y. Navalnaya;     6,500 to Mr Stepanov     3,500 to Mr Zhdanov         34584/20 05/06/2020 Lyubov Eduardovna SOBOL 1987 Pomazuyev Aleksandr Yevgenyevich Vilnius   1808/20 27/12/2019 Oleg Olegovich STEPANOV 1992   6836/20 29/01/2020 Aleksey Anatolyevich NAVALNYY 1976   Oleg Olegovich STEPANOV 1992   Georgiy Valentinovich ALBUROV 1989   Ivan Yuryevich ZHDANOV 1988   Lyubov Eduardovna SOBOL 1987   Mikhaylova Olga Olegovna Moscow           Pomazuyev Aleksandr Yevgenyevich Vilnius   19135/20 16/05/2019 Lyubov Eduardovna SOBOL 1987   Pomazuyev Aleksandr Yevgenyevich Vilnius   17903/20 30/03/2020 Olga Mikhaylovna BOYEVA 2000 Pomazuyev Aleksandr Yevgenyevich Vilnius fine of RUB   20,000 26/11/2019 Moscow City Court Art. 5 (1) - unlawful detention - on 03/08/2019 escorting to a police station for compiling an offence report;   Art. 10 (1) - various restrictions on the right to freedom of expression – on account of her unlawful and disproportionate arrest in the context of her presence at a protest rally on 03/08/2019. 4,000   30571/20 03/07/2020 Grigoriy Sergeyevich MOROZOV 1998 Bayeva Aleksandra Nikolayevna Moscow fine of RUB   15,000 02/10/2019 Moscow City Court   (served on the applicant on the following days) Art. 5 (1) - unlawful detention - on 27/07/2019 escorting to a police station for compiling an offence report;   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - the applicant was arrested and sentenced to a fine of RUB   15,000 in relation to participation in a rally on 27/07/2019. 4,000   16354/21 02/03/2021 Stanislav Yuryevich KALINICHENKO 1982   Yelizaveta Sergeyevna SLAVINSKAYA 2000   Pomazuyev Aleksandr Yevgenyevich Moscow 7 days of detention (applicant Kalinichenko) 29/01/2021 Kemerovo Regional Court Art. 5 (1) - unlawful detention - on 23/01/2021 applicant Kalinichenko’s escorting to a police station for compiling an offence report in relation to his calls, published on 19/01/2021 and identified by the police on 20/01/2021, to participate in a rally on 23/01/2021;   Art. 10 (1) - conviction for making calls to participate in public events –   (i) applicant Kalinichenko was arrested and sentenced to 7-day detention in relation to the rally on 23/01/2021 (final decision on 29/01/2021 by Kemerovo Regional Court),   (ii) with reference to administrative convictions, in civil proceedings the applicants and several others were ordered to pay jointly, EUR 9,000 (per exchange rate applicable at the time) (in part, as regards the rally on 23/01/2021) to the police departments for over-time pay to officers and diesel expenses for their vehicles (appeal decisions on 15/02/2022 and 19/05/2022, following which the above awards were final and enforceable; last decisions on 20/09/2022 and 09/11/2022 by the Supreme Court of Russia). 5,000 to Mr Kalinichenko;     3,500 to Ms Slavinskaya   18647/21 23/03/2021 Daniil Andreyevich MARKELOV 1992   Sergey Andreyevich BOYKO 1983   Kirill Sergeyevich LEVCHENKO 1982   Yelena Vladimirovna NOSKOVETS 1984   Vyacheslav Dmitriyevich YAKIMENKO 2001           Pomazuyev Aleksandr Yevgenyevich Vilnius     Nechayeva Olga Yuryevna Novosibirsk 10 days of detention (applicant Markelov) 19/02/2021 Novosibirsk Regional Court Art. 5 (1) - unlawful detention - on 23/01/2021 applicant Markelov’s escorting to a police station for compiling an offence report;   Art. 10 (1) - conviction for making calls to participate in public events – applicant Markelov was arrested on 23/01/2021 and sentenced to 10-day detention for an Instagram post (identified by the police on 21/01/2021) about a forthcoming rally on 23/01/2021 (final decision on 19/02/2021 by the Novosibirsk Regional Court; other applicants’ similar applications nos.   47513/18, 30342/19 and 41802/21);   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - relying on their administrative convictions, in civil proceedings the applicants and two others were ordered to pay jointly over EUR 27,000 (per exchange rate applicable at the time) to the regional police department on account of overtime pay to police officers in relation to the rally on 23/01/2021 (the appeal decision on 23/06/2022 when the damages award became final and enforceable, last decision on 25/05/2023 by the Supreme Court of Russia). 5,000 to Mr Markelov     7,500 to Mr Boyko     3,500 to Mr Levchenko     3,500 to Ms Noskovets     3,500 to Mr Yakimenko           26284/21 29/04/2021 Damir Nailyevich MANZHUKOV 1986 Kabirov Rushan Rafisovich Kazan 13 days of detention           4 days of detention 26/01/2021 Supreme Court of the Tatarstan Republic   12/06/2021 Supreme Court of the Tatarstan Republic   Art. 5 (1) - unlawful detention - (i) on 21-22/01/2021 and 08-09/06/2021 escorting to and detention in a police station for and after compiling an offence report, (ii) on 09/05/2021 escorting to a police station for compiling an offence report;   Art. 10 (1) - various restrictions on the right to freedom of expression – the applicant was sentenced to a fine of RUB   70,000 for hooliganism on account of posting on YouTube videos containing, inter alia, allegedly offensive statements against a public agency (Rospotrebnadzor) in connection with COVID-related regulations (Art. 20.1 of CAO, final decision on 14/07/2021 by the Supreme Court of the Tatarstan Republic) (OOO Memo v.   Russia , no.   2840/10, 15 March 2022). 6,000   61357/21 26/11/2021 Semen Valeryevich LOPUKHOV 1997 Memorial Human Rights Centre Moscow fine of RUB   10,000 27/05/2021 Moscow City Court Art. 5 (1) - unlawful detention - on 02/02/2021 escorting to and detention in a police station for compiling an offence report;   Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies – the applicant was arrested and sentenced to a fine of RUB   10,000 for participation in a rally on 02/02/2021 (final decision on 27/05/2021 by the Moscow City Court). 4,000     [1] Plus any tax that may be chargeable to the applicants.Articles de loi cités
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Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;JUDGMENTS;COMMITTEE;ENG
- Formation
- 29
- Date
- 12 septembre 2024
- Matière
- droits fondamentaux
Référence
ECLI:CE:ECHR:2024:0912JUD007418617
Données disponibles
- Texte intégral