CEDH · CASELAW;JUDGMENTS;COMMITTEE;ENG — 12 juin 2025

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .sBB9EE52A { font-family:Arial } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s665E407E { margin-top:66pt; margin-bottom:14pt; 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 } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s2E932ED2 { margin-top:0pt; margin-bottom:0pt; font-size:11pt } .s82B4DA5F { page-break-before:right; clear:both; mso-break-type:section-break } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .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 } .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 } .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 } .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 } .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 } .sD58C010 { margin-top:14pt; margin-left:15.01pt; margin-bottom:3pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; padding-left:1.99pt; font-family:Arial } .sBB6E85D0 { margin-top:0pt; margin-left:34pt; margin-bottom:0pt; text-indent:-17pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .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 } .sC986E16F { font-family:Arial; color:#ffffff } .sC646A315 { width:14.54pt; display:inline-block } .s6EC6BA2A { width:121.74pt; 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 } .s6864627 { height:62.9pt } .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 } .sF6A12959 { width:33%; height:1px; text-align:left } .s5FFF0A7E { margin-top:0pt; margin-bottom:0pt; font-size:8pt } .sA4BC3E2E { font-family:Arial; font-size:5.33pt; vertical-align:super; color:#000000 }       THIRD SECTION CASE OF KREPKIN AND OTHERS v. RUSSIA (Applications nos. 26009/18 and 5 others – see appended list)             JUDGMENT   STRASBOURG 12 June 2025   This judgment is final but it may be subject to editorial revision. In the case of Krepkin and Others v. Russia, The European Court of Human Rights (Third Section), sitting as a Committee composed of:   Diana Kovatcheva , President ,   Mateja Đurović,   Canòlic Mingorance Cairat , judges , and Viktoriya Maradudina, Acting Deputy Section Registrar, Having deliberated in private on 22 May 2025, Delivers the following judgment, which was adopted on that date: PROCEDURE 1.     The case originated in applications against Russia lodged with the Court under Article   34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table. 2.     The Russian Government (“the   Government”) were given notice of the applications. THE FACTS 3.     The list of applicants and the relevant details of the applications are set out in the appended table. 4.     The applicants complained of the disproportionate measures taken against them as organisers or participants of public assemblies. They also raised other complaints under the provisions of the Convention. THE LAW 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 their arrest in relation to the dispersal of these assemblies and their conviction for criminal offences. 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 Yaroslav Belousov v. Russia , nos. 2653/13 and 60980/14, 4 October 2016, 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, 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, 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. 13.     Having examined all the material before it, the Court concludes that these complaints also disclose violations of the Convention in the light of its findings in Yaroslav Belousov , cited above, § 153. REMAINING COMPLAINTS 14.     Finally, the applicants raised other complaints under Article 6 of the Convention concerning various aspects of fairness of the criminal proceedings. In view of the findings in paragraphs 10-13 above, the Court considers that it has examined the main legal issues raised by the present applications and that there is no need to deal separately with these remaining complaints. APPLICATION OF ARTICLE 41 OF THE CONVENTION 15.     Regard being had to the documents in its possession and to its case ‑ law (see in particular Yaroslav Belousov, cited above, and 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 these applications as they relate to the facts that took place before 16   September 2022; Declares the complaints under Article 11 of the Convention and the other complaints under the well-established case-law of the Court, as set out in the appended table, admissible and decides that there is no need to examine separately the remaining complaints raised by the applicants; 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 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 June 2025, pursuant to Rule   77   §§   2 and   3 of the Rules of Court.     Viktoriya Maradudina   Diana Kovatcheva   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 / criminal offence Penalty Final domestic decision Court Name Date Other complaints under well ‑ established case-law Amount awarded for non-pecuniary damage and costs and expenses per applicant (in euros) [1]     26009/18 22/05/2018 Dmitriy Mikhaylovich KREPKIN 1984   Sharapov Ilnur Ilgizovich Moscow On 26/03/2017 the applicant took part in an unauthorised rally in Moscow. During the clashes with the police, the applicant grabbed and tried to pull off a police officer’s shoulder protection gear.   article 318 of the Criminal Code-use of force against a representative of the State 3 years of imprisonment Moscow City Court 26/03/2018   10,000     14154/20 05/03/2020 Yevgeniy Dmitriyevich KOVALENKO 1971   Sharapov Ilnur Ilgizovich Moscow On 27/07/2019 the applicant took part in an unauthorised rally against the elections to the Moscow State Duma. During clashes with the police, he threw a trash can at a police officer, as a reaction to violence against peaceful demonstrators. article 318 of the Criminal Code- use of force against a representative of the State 3 years and 6 months of imprisonment Moscow City Court 17/10/2019   12,000     18392/20 26/03/2020 Kirill Sergeyevich ZHUKOV 1990   Bayturina Svetlana Nikolayevna Moscow On 20/07/2019 the applicant took part in an unauthorised rally against the elections to the Moscow State Duma. During clashes with the police, the applicant pulled a police officer’s helmet off. article 318 of the Criminal Code - use of force against a representative of the State 3 years of imprisonment Moscow City Court 09/10/2019   10,000     34249/20 30/06/2020 Pavel Gennadyevich USTINOV 1995   Memorial Human Rights Centre Moscow On 03/08/2019 the applicant took part in an unauthorised rally against the elections to the Moscow State Duma. During clashes with the police, the applicant shoved a police officer to the ground.   article 20.2 § 5 of CAO, article 318 § 2 of the Criminal Code - use of force against a representative of the State 3 years and 6 months of imprisonment Moscow City Court 30/09/2019   12,000     35664/20 29/07/2020 Maksim Alekseyevich MARTINTSOV 1993   Bayturina Svetlana Nikolayevna Moscow On 06/06/2019 the applicant took part in an unauthorised rally against the elections to the Moscow State Duma. During clashes with the police, the applicant kicked a police officer   article 318 § 1 of the Criminal Code - use of force against a representative of the State 2 years and 6 months of imprisonment Moscow City Court 31/01/2020 Art. 6 (1) - and Art. 6 (3) (b) - unfair trial due to lack of adequate time and facilities for preparation of the defence - The applicant’s confinement in a glass cage throughout the trial was unnecessary, impeded his effective participation in the proceedings, impeded his communication with his lawyer in confidential conditions due to the presence of bailiffs; the lack of confidentiality infringed his right to a fair trial and the proper preparation of his defence (see Yaroslav Belousov v. Russia , nos.   2653/13 and 60980/14, §   152, 4 October 2016).       9,000     50241/22 13/10/2022 Olga Valeriyevna BENDAS 1985   Preobrazhenskaya Oksana Vladimirovna Strasbourg On 23/01/2021, the applicant took part in unauthorised “Free Navalny” rally in Moscow. During clashes with the police, the applicant picked up a police baton and allegedly threw it at the police. article 318 of the Criminal Code - use of force against a representative of the State 2 years of imprisonment Supreme Court of Russia 16/06/2022 Art. 6 (1) - and Art. 6 (3) (b) - unfair trial due to lack of adequate time and facilities for preparation of the defence - The applicant’s confinement in a glass cage was unnecessary, impeded her effective participation in the proceedings, communication with her lawyer in confidential conditions due to the presence of bailiffs; that the lack of confidentiality infringed her right to a fair trial (see Yaroslav Belousov v. Russia , nos. 2653/13 and 60980/14, § 152, 4 October 2016).   8,000   [1] Plus any tax that may be chargeable to the applicants.