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You are here: BAILII >> Databases >> European Court of Human Rights >> YELYSHEV AND OTHERS v. RUSSIA - 32180/21 (Article 11 - Freedom of assembly and association : Second Section Committee) [2024] ECHR 225 (14 March 2024) URL: http://www.bailii.org/eu/cases/ECHR/2024/225.html Cite as: [2024] ECHR 225 |
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SECOND SECTION
CASE OF YELYSHEV AND OTHERS v. RUSSIA
(Applications nos. 32180/21 and 20 others -
see appended list)
JUDGMENT
STRASBOURG
14 March 2024
This judgment is final but it may be subject to editorial revision.
In the case of Yelyshev and Others v. Russia,
The European Court of Human Rights (Second Section), sitting as a Committee composed of:
Lorraine Schembri Orland, President,
Frédéric Krenc,
Davor Derenčinović, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 15 February 2024,
Delivers the following judgment, which was adopted on that date:
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
5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.
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).
7. The applicants complained principally of disproportionate measures taken against them as organisers or participants of public assemblies, namely their arrest in relation to the dispersal of these assemblies and their conviction for administrative offences. They relied, expressly or in substance, on Article 11 of the Convention.
8. The Court refers to the principles established in its case-law regarding freedom of assembly (see Kudrevičius and Others v. Lithuania [GC], no. 37553/05, ECHR 2015, with further references) and proportionality of interference with it (see Oya Ataman v. Turkey, no. 74552/01, ECHR 2006-XIV, and Hyde Park and Others v. Moldova, no. 33482/06, 31 March 2009).
9. In the leading cases of Frumkin v. Russia, no. 74568/12, ECHR 2016 (extracts), Navalnyy and Yashin v. Russia, no. 76204/11, 4 December 2014 and Kasparov and Others v. Russia, no. 21613/07, 3 October 2013, the Court already found a violation in respect of issues similar to those in the present case.
10. Having examined all the material submitted to it, 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.
12. Some applicants submitted other complaints which also raised issues under the Convention and its Protocols, given the relevant well-established case-law of the Court (see appended table). These complaints are not manifestly ill-founded within the meaning of Article 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 and its Protocols in the light of its findings in Lashmankin and Others v. Russia, nos. 57818/09 and 14 others, § 489, 7 February 2017, 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 of organisers or participants of public assemblies; Karelin v. Russia, no. 926/08, §§ 58-85, 20 September 2016, concerning the absence of a prosecuting party in the proceedings under the Code of Administrative Offences (the CAO); mutatis mutandis, Sürek v.Turkey (no. 1) [GC], no. 26682/95, § 58, ECHR 1999-IV, and Mariya Alekhina and Others v. Russia, no. 38004/12, §§ 197-201, 17 July 2018, concerning administrative conviction for discreditation of the Russian Army in the context of anti-war protest actions; Martynyuk v. Russia, no. 13764/15, §§ 38-42, 8 October 2019, and Tsvetkova and Others, cited above, §§ 178-88, relating to the lack of suspensive effect of an appeal against the sentence of administrative detention.
14. Some applicants raised further additional complaints under Article 6 of the Convention concerning other aspects of fairness of the administrative-offence proceedings. In view of the findings in paragraphs above, the Court considers that there is no need to deal separately with these remaining complaints.
15. Regard being had to the documents in its possession and to its case-law (see in particular Navalnyy and Others v. Russia [Committee], nos. 25809/17 and 14 others, § 22, 4 October 2022), the Court finds it reasonable to award the sums indicated in the appended table.
FOR THESE REASONS, THE COURT, UNANIMOUSLY,
(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 14 March 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Lorraine Schembri Orland
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 11 of the Convention
(disproportionate measures against organisers and participants of public assemblies)
Application no. Date of introduction | Applicant's name Year of birth
| Representative's name and location | Name of the public event Location Date | Administrative offence | Penalty | Final domestic decision Court Name Date | Other complaints under well-established case-law | Amount awarded for pecuniary and non-pecuniary damage and costs and expenses (in euros)[1] | |
11/06/2021 | Eldar Erikovich YELYSHEV 1997 | Memorial Human Rights Centre Moscow | Rally in support of Navalnyy
Ufa
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 14,000 | Supreme Court of the Bashkortostan Republic 24/03/2021 | Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 1.25 p.m. to 5.50 p.m. on 31/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision - Supreme Court of the Bashkortostan Republic, 24/03/2021 | 4,000 | |
15/07/2021 | Pavel Robertovich PUSHNOV 1968 | Memorial Human Rights Centre Moscow | Rally in support of Navalnyy
Moscow
31/01/2021 | article 20.2 § 6.1 of CAO | fine of RUB 15,000 | Moscow City Court 17/05/2021 | Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 1.05 p.m. on 31/01/2021 to 1.00 a.m. on 01/02/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 17/05/2021 | 4,000 | |
12/07/2021 | Sergey Ivanovich GAMBARYAN 2000 | Aksenova Darya Dmitriyevna Kolomna | Rally in support of Navalnyy
Moscow
31/01/2021 | article 20.2 § 8 of CAO | administrative detention of 15 days | Moscow City Court 09/02/2021 | Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 5.30 p.m. on 31/01/2021 to 02/02/2021, hearing in the applicant's administrative-offence case, Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 09/02/2021 | 5,000 | |
22/07/2021 | Valeriy Vitalyevich PEREPELKIN 1985 | Memorial Human Rights Centre Moscow | Rally in support of Navalnyy
Moscow
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 12/04/2021 | Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 1.30 p.m. to 11.30 p.m. on 31/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 12/04/2021.
| 4,000 | |
29/07/2021 | Revaz Davidovich GABELAYA 1993 | Pershakova Yelena Yuryevna Moscow | Rally in support of Navalnyy
Moscow
31/01/2021 | article 20.2 § 6.1 of CAO | administrative detention of 15 days | Moscow City Court 04/02/2021 | Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 12.45 a.m. on 31/01/2021 to 1.11 a.m. on 01/02/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 04/02/2021,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO | 5,000 | |
30/07/2021 | Adel Radikovna GORSHENINA 2000 | Bayeva Aleksandra Nikolayevna Moscow | Rally in support of Navalnyy
Ufa
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Supreme Court of the Bashkortostan Republic 29/03/2021 | Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 12.25 p.m. to 4.00 p.m. on 31/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Supreme Court of the Bashkortostan Republic, 29/03/2021 | 4,000 | |
01/09/2021 | Kirill Vladimirovich PAVLOV 1971 | Markin Konstantin Aleksandrovich Velikiy Novgorod | Rally in support of Navalnyy
Velikiy Novgorod
23/01/2021 | article 20.2 § 5 of CAO | community work of 20 hours | Novgorod Regional Court 04/03/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Novgorod Regional Court, 04/03/2021 | 3,500 | |
16/09/2021 | Nikita Olegovich SHIPUGIN 2000 | Memorial Human Rights Centre Moscow | Rally in support of Navalnyy
Barnaul
31/01/2021 | article 20.2 § 6.1 of CAO | fine of RUB 10,000 | Altay Regional Court 19/03/2021 | Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 2.05 p.m. to 7.45 p.m. on 31/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Altay Regional Court, 19/03/2021 | 4,000 | |
10/09/2021 | Kirill Andreyevich SLOTIN 1998 | Mezak Ernest Aleksandrovich Saint-Barthélemy-d'Anjou | Rally in support of Navalnyy
Syktyvkar
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Supreme Court of the Komi Republic 10/03/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Supreme Court of the Komi Republic, 10/03/2021
| 3,500 | |
10/09/2021 | Aleksey Vladimirovich MALOV 1978 | Martynova Tatyana Georgiyevna Pskov | Rally in support of Navalnyy
Pskov
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Pskov Regional Court 22/03/2021 | Art. 5 (1) - unlawful deprivation of liberty: escorting to the police station for the purpose of drawing up a record of administrative offence, on 23/01/2021, while the record was only drawn up on 26/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Pskov Regional Court, 22/03/2021 | 4,000 | |
10/09/2021 | Nikolay Aleksandrovich KUZMIN 1980 | Martynova Tatyana Georgiyevna Pskov | Rally in support of Navalnyy
Pskov
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Pskov Regional Court 22/03/2021 | Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, as o 02.00 p.m. on 23/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decisions: Pskov Regional Court, 22/03/2021 and 20/06/2022,
Art. 10 (1) - various restrictions of the liberty of expression - On 15/03/2015 the applicant published a post on his VK social network wall containing a video of Maria Ovsannikova's public anti-war protest on TV and commented as follows: "Very brave woman". On 17/04/2022 the applicant was arrested and escorted to the police station where he was charged with and then convicted and sentenced to an administrative fine of RUB 30,000 for public actions aimed at discrediting the use of the Russian Armed Forces, under Art. 20.3.3 § 1 of the CAO; final decision: 20/06/2022, Pskov Regional Court
| 5,000 | |
09/09/2021 | Igor Olegovich GOLOVIN 1999 | Bochilo Anna Yevgenyevna Barnaul | Rally in support of Navalnyy
Kursk
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Kursk Regional Court 02/04/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Kursk Regional Court, 02/04/2021. | 3,500 | |
21/09/2021 | Yekaterina Anatolyevna NAGORNAYA 2002 | Aksenova Darya Dmitriyevna Kolomna | Rally in support of Navalnyy
Moscow
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Moscow City Court 22/03/2021 | Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, on 31/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 22/03/2021 | 4,000 | |
14/10/2021 | Solomon Semenovich SHLOSMAN 1991 | Aksenova Darya Dmitriyevna Kolomna | Rally in support of Navalnyy
Moscow
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 20/04/2021 | Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, on 31/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 20/04/2021 | 4,000 | |
14/10/2021 | Dmitriy Aleksandrovich YURYEV 1995 | Aksenova Darya Dmitriyevna Kolomna | Rally in support of Navalnyy
Moscow
31/01/2021 | article 20.2 § 6.1 of CAO | fine of RUB 10,000 | Moscow City Court 21/07/2021 | Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence, detention in excess of 3 hours and without "exceptional circumstances", from 12.15 p.m. to 9.30 p.m. on 31/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 21/07/2021 | 4,000 | |
26/10/2021 | Elza Rafilevna MAYER 1995 | Baranova Natalya Andreyevna Moscow | Rally in support of Navalnyy
Moscow
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 20,000 | Moscow City Court 26/04/2021 | Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 4.00 p.m. to 11.00 p.m. on 23/01/2021, the applicant spent 2 hours in the police van,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 26/04/2021 | 4,000 | |
26/10/2021 | Aleksey Sergeyevich TABACHINSKIY 1993 | Glukhov Aleksey Vladimirovich Novocheboksarsk | Rally in support of Navalnyy
Samara
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Samara Regional Court 29/04/2021 | Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 3.50 p.m. to 9.55 p.m. on 23/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Samara Regional Court, 29/04/2021 | 4,000 | |
27/10/2021 | Yelena Pavlovna SAMOKHVALOVA 1977 | Bochilo Anna Yevgenyevna Barnaul | Rally in support of Navalnyy
Moscow
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 11/05/2021 | Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 3.30 p.m. to 7.30 p.m. on 23/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 11/05/2021 | 4,000 | |
27/10/2021 | Natalya Yevgenyevna KOSHURNIKOVA 1969 | Bochilo Anna Yevgenyevna Barnaul | Rally in support of Navalnyy
Moscow
31/01/2021 | article 20.2 § 6.1 of CAO | community works of 55 hours | Moscow City Court 21/06/2021 | Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 2.15 p.m. on 31/01/2021 to 5.10 a.m. on 01/02/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 21/06/2021
| 4,000 | |
12/11/2021 | Nataliya Dmitriyevna RUSAKOVICH 1998 | Glukhov Aleksey Vladimirovich Novocheboksarsk | Rally in support of Navalnyy
Samara
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Samara Regional Court 13/05/2021 | Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 2.30 p.m. to 8.00 p.m. on 23/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Samara Regional Court, 13/05/2021 | 4,000 | |
12/11/2021 | Ilya Romanovich LITVINTSEV 1995 | Aksenova Darya Dmitriyevna Kolomna | Rally in support of Navalnyy
Moscow
31/01/2021 | article 20.2 § 6.1 of CAO | administrative detention of 10 days | Moscow City Court 13/05/2021 | Art. 5 (1) - unlawful deprivation of liberty: escorting to a police station for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours and without "exceptional circumstances", from 2.10 p.m. on 31/01/2021 to 1.15 p.m. on 01/02/2021, hearing in the applicant's administrative-offence case,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - final decision: Moscow City Court, 13/05/2021 | 5,000 |
[1] Plus any tax that may be chargeable to the applicants.
