BISS AND OTHERS v. RUSSIA - 51079/21 (Article 11 - Freedom of assembly and association : Fourth Section Committee) [2024] ECHR 409 (14 May 2024)


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European Court of Human Rights


You are here: BAILII >> Databases >> European Court of Human Rights >> BISS AND OTHERS v. RUSSIA - 51079/21 (Article 11 - Freedom of assembly and association : Fourth Section Committee) [2024] ECHR 409 (14 May 2024)
URL: http://www.bailii.org/eu/cases/ECHR/2024/409.html
Cite as: [2024] ECHR 409

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FOURTH SECTION

CASE OF BISS AND OTHERS v. RUSSIA

(Applications nos. 51079/21 and 29 others -

see appended list)

 

 

 

 

 

 

JUDGMENT

 

STRASBOURG

14 May 2024

 

This judgment is final but it may be subject to editorial revision.


In the case of Biss and Others v. Russia,

The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:

 Branko Lubarda, President,
 Armen Harutyunyan,
 Ana Maria Guerra Martins, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 11 April 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 applicants were represented by the Memorial Human Rights Centre in Moscow.


3.  The Russian Government ("the Government") were given notice of the applications.

THE FACTS


4.  The list of applicants and the relevant details of the applications are set out in the appended table.


5.  The applicants complained of the disproportionate measures taken against them as organisers or participants of nationwide protests in support of the jailed opposition leader, Aleksey Navalnyy. They also raised other complaints under the provisions of the Convention.

THE LAW

  1. JOINDER OF THE APPLICATIONS


6.  Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.

  1. JURISDICTION


7.  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).

  1. ALLEGED VIOLATION OF ARTICLE 11 OF THE CONVENTION


8.  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.


9.  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).


10.  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.

11.  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".


12.  These complaints are therefore admissible and disclose a breach of Article 11 of the Convention.

  1. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW

13.  The 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.


14.  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 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); and Martynyuk v. Russia, no. 13764/15, §§ 38-42, 8 October 2019, relating to the lack of suspensive effect of an appeal against the sentence of administrative detention.

  1. REMAINING COMPLAINTS


15.  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 11 and 13 above, the Court considers that there is no need to deal separately with these remaining complaints.

  1. APPLICATION OF ARTICLE 41 OF THE CONVENTION


16.  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,

  1. Decides to join the applications;
  2. Holds that it has jurisdiction to deal with these applications as they relate to facts that took place before 16 September 2022;
  3. Declares the complaints under Article 11 of the Convention and the other complaints under 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 under Article 6 of the Convention;
  4. Holds that these applications disclose a breach of Article 11 of the Convention;
  5. Holds that there has been a violation of the Convention and the Protocols thereto as regards the other complaints raised under the well-established case-law of the Court (see appended table);
  6. 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 14 May 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

 Viktoriya Maradudina Branko Lubarda
 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

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 pecuniary and non-pecuniary damage and costs and expenses per applicant

(in euros)[1]

  1.    

51079/21

13/10/2021

Ivan Pavlovich BISS

1987

Rally "Free Navalnyy"

 

Moscow

 

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 15,000

Moscow City Court

11/05/2021

Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 6.30 p.m. until 10 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.

4,000

  1.    

51084/21

13/10/2021

Anton Andreyevich KUKARKIN

1996

Rally "Free Navalnyy"

 

Yekaterinburg

 

23/01/2021

article 20.2 § 5 of CAO

20 hours of community work

Sverdlovsk Regional Court

14/04/2021

Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 4.50 p.m. until 8 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.

4,000

  1.    

51088/21

13/10/2021

Yegor Gennadyevich ZELENETSKIY

1996

Rally "Free Navalnyy"

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

detention for 7 days

Moscow City Court

11/05/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 1.20 p.m. on 31/01/2021 until 3.30 p.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.

5,000

  1.    

51090/21

13/10/2021

Kseniya Vladimirovna MUKHLYNINA

1988

Rally "Free Navalnyy"

 

Moscow

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 15,000

Moscow City Court

14/04/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 5.10 p.m. until 9 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.

4,000

  1.    

51107/21

13/10/2021

Mikhail Vladimirovich CHUVAKIN

1971

Rally "Free Navalnyy"

 

Moscow

 

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 15,000

Moscow City Court

14/04/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.15 p.m. on 23/01/2021 until 12.02 a.m. on 24/01/2021;

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.

4,000

  1.    

51110/21

13/10/2021

Anzhelika Andreyevna PYANTKOVSKAYA

1986

Rally "Free Navalnyy"

 

Pskov

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Pskov Regional Court

26/04/2021

Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 12.15 p.m. until 3.35 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.

4,000

  1.    

51231/21

08/10/2021

Nikita Ivanovich MAKSHEV

1999

Rally "Free Navalnyy"

 

Saransk

 

21/04/2021

article 20.2 § 5 of CAO

fine of RUB 5,000

Supreme Court of the Mordovia Republic

11/06/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 8 p.m. on 21/04/2021 until 2.30 a.m. on 22/04/2021;

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.

4,000

  1.    

51386/21

08/10/2021

Konstantin Viktorovich NAGULO

1981

Rally "Free Navalnyy"

 

Moscow

 

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

12/04/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 4.50 p.m. on 23/01/2021 until 1 a.m. on 24/01/2021;

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.

4,000

  1.    

51398/21

08/10/2021

Azamat Aslanovich BAGOV

1999

Rally "Free Navalnyy"

 

Moscow

 

02/02/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

01/06/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 10.55 p.m. on 02/02/2021 until 6.10 a.m. on 03/02/2021;

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.

4,000

  1.  

51444/21

06/10/2021

Viktor Vyacheslavovich ZHABIN

1963

Rally "Free Navalnyy"

 

Moscow

 

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

08/04/2021

Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 3 p.m. until 7 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.

4,000

  1.  

53522/21

19/10/2021

Natalya Ivanovna ZHELYAPOVA

1994

Rally "Free Navalnyy"

 

Moscow

 

02/02/2021

article 20.2 § 6.1 of CAO

detention for 8 days

Moscow City Court

22/04/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 11.20 a.m. on 02/02/2021 until 4.50 p.m. on 03/02/2021;

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.

5,000

  1.  

53884/21

22/10/2021

Yuriy Mikhaylovich DOBROKHOTOV

1998

Rally "Free Navalnyy"

 

Kazan

 

21/04/2021

article 20.2 § 2 of CAO

fine of RUB 10,000

Supreme Court of the Tatarstan Republic

02/06/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 8.30 p.m. on 21/04/2021 until 6 p.m. on 22/04/2021;

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.

4,000

  1.  

53889/21

22/10/2021

Anton Igorevich SHALIMOV

1985

Rally "Free Navalnyy"

 

Samara

 

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Samara Regional Court

20/05/2021

Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 3 p.m. until 6 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.

4,000

  1.  

53932/21

22/10/2021

Aleksandr Vladimirovich SHCHEMELEV

1986

Rally "Free Navalnyy"

 

Perm

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Perm Regional Court

28/04/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 1.30 p.m. until 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.

4,000

  1.  

53968/21

22/10/2021

Aleksandr Ilyich VOYNOV

2002

Rally "Free Navalnyy"

 

Moscow

 

02/02/2021

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

13/05/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 10.30 a.m. until 5.30 p.m. on 02/02/2021;

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.

4,000

  1.  

53981/21

22/10/2021

Daniil Igorevich ATMANOV

1999

Rally "Free Navalnyy"

 

Moscow

 

02/02/2021

article 20.2 § 5 of CAO

fine of RUB 20,000

Moscow City Court

11/05/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 10.46 a.m. until 5.22 p.m. on 02/02/2021;

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.

4,000

  1.  

53984/21

22/10/2021

Aleksandr Olegovich SIDELNIKOV

1990

Rally "Free Navalnyy"

 

Moscow

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 5,000

Moscow City Court

26/04/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1.20 p.m. until 8.10 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.

4,000

  1.  

53994/21

22/10/2021

Galina Leonidovna GRIBUTSKAYA

1960

Rally "Free Navalnyy"

 

Vologda

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Vologda Regional Court

17/05/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1 p.m. until 5 p.m. on 31/01/2021.

4,000

  1.  

53996/21

05/10/2021

Pavel Aleksandrovich BAYBARA

1993

Rally "Free Navalnyy"

 

Moscow

 

03/02/2021

article 20.2 § 6.1 of CAO

detention for 5 days

Moscow City Court

06/04/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 12.01 a.m. until 3 p.m. on 03/02/2021;

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.

5,000

  1.  

54107/21

19/10/2021

Lyudmila Ivanovna KHOTLUBEY

1948

Rally "Free Navalnyy"

 

Moscow

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

27/05/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.15 p.m. until 8.30 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.

4,000

  1.  

54207/21

19/10/2021

Sergey Anatolyevich SAKHANOV

1998

Rally "Free Navalnyy"

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

fine of RUB 20,000

Moscow City Court

19/05/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 5.45 p.m. on 31/01/2021 until 5.30 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.

4,000

  1.  

54227/21

19/10/2021

Agnessa Aleksandrovna BUKOVSKAYA

1980

Rally "Free Navalnyy"

 

Moscow

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

26/04/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.27 p.m. until 10.35 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.

4,000

  1.  

54301/21

21/10/2021

Yevgeniy Andreyevich BARANCHIKOV

1993

Rally "Free Navalnyy"

 

Voronezh

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Voronezh Regional Court

21/04/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.30 p.m. until 7.35 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.

4,000

  1.  

54310/21

21/10/2021

Petr Anatolyevich GUTYNIN

1987

Rally "Free Navalnyy"

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

fine of RUB 20,000

Moscow City Court

03/08/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1.45 p.m. on 31/01/2021 until 3.45 a.m. 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.

4,000

  1.  

54359/21

19/10/2021

Aleksandr Romanovich POZLEVICH

1996

Rally "Free Navalnyy"

 

Moscow

 

02/02/2021

article 20.2 § 6.1 of CAO

fine of RUB 10,000

Moscow City Court

22/04/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 11.10 p.m. on 02/02/2021 until 3 p.m. on 03/02/2021;

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.

4,000

  1.  

54373/21

19/10/2021

Aleksandr Mikhaylovich TROPIN

1992

Rally "Free Navalnyy"

 

Moscow

 

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 15,000

Moscow City Court

20/04/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.30 p.m. on 23/01/2021 until 01.30 a.m. on 24/01/2021;

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.

4,000

  1.  

54450/21

27/10/2021

Ralina Rustemovna SHIGABIYEVA

1992

Rally "Free Navalnyy"

 

Kazan

 

21/04/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Supreme Court of the Tatarstan Republic

26/05/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 8.40 p.m. on 21/04/2021 until 8.10 p.m. on 22/04/2021.

4,000

  1.  

54745/21

18/10/2021

Yuliya Sergeyevna ELTSOVA

1995

Rally "Free Navalnyy"

 

Sochi

 

23/01/2021

article 20.2 § 6.1 of CAO

fine of RUB 10,000

Krasnodar Regional Court

21/04/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.30 p.m. until 10 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.

4,000

  1.  

54847/21

28/10/2021

Albert Ramilevich YAPPAROV

2001

Rally "Free Navalnyy"

 

Kazan

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Supreme Court of the Tatarstan Republic

05/05/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 2.40 p.m. on 31/01/2021 until 7 p.m. on 01/02/2021.

4,000

  1.  

55437/21

29/10/2021

Andrey Andreyevich SHEMSHURA

1989

Rally "Free Navalnyy"

 

Rostov-on-Don

 

21/04/2021

article 20.2 § 6.1 of CAO

detention for 7 days

Rostov Regional Court

29/04/2021

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;

 

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

 

 


[1] Plus any tax that may be chargeable to the applicants.


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