THIRD SECTION

DECISION

Applications nos. 73639/17 and 73650/17 Nikolay Aleksandrovich ALEKSEYEV and Others against Russia (see appended table)

The European Court of Human Rights (Third Section), sitting on 24 November 2022 as a Committee composed of:

Darian Pavli , President , Ioannis Ktistakis, Andreas Zünd , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above applications lodged on the various dates indicated in the appended table,

Having regard to the observations submitted by the respondent Government,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicants is set out in the appended table.

The applicants’ complaints under Articles 11 and 13 of the Convention concerning the restrictions on locations of public events and the lack of domestic remedies thereof were communicated to the Russian Government (“the Government”).

THE LAW

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

The applicants complained about the restrictions imposed by the authorities on the locations of public events and the absence of an effective domestic remedy in that regard. They referred to Articles 11 and 13 of the Convention.

By the letter of 14 March 2020 Mr Alekseyev informed the Registry that he wanted to withdraw all of his applications pending before the Court since he was no longer interested in pursuing them. In the absence of any special circumstances regarding respect for the rights guaranteed by the Convention and the Protocols thereto, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the examination of the case in respect of Mr Alekseyev. Accordingly, it decides to strike this part of the applications out of its list of cases.

As regards the remainder of the applications, the Court observes that the applicants challenged the decisions of local authorities refusing to approve the locations of their public events in the domestic courts after the dates of the planned events. The Court has already found in Alekseyev v. Russia (nos. 4916/07 and 2 others, § 99, 21 October 2010) that the judicial remedy of a post-hoc character the applicants had had recourse to was incapable of providing adequate redress in respect of the alleged violations of Article 11 of the Convention. It subsequently found a violation of Article 13 owing to the absence of an effective domestic remedy (ibid., § 100). The applicants therefore should have been aware of the ineffectiveness of the judicial review as a remedy in respect of their complaints so as to reasonably anticipate the application of the six-month requirement in their case (see, for similar approach, Alekseyev and Others v. Russia , nos. 14988/09 and 50 others, §§ 14-16, 27 November 2018). Accordingly, they should have lodged their complaints within six months of the date of the local authorities’ decisions refusing to approve the locations of their public events (see Komarova v. Russia (dec.) [Committee], no. 44570/11, § 18, 26 May 2020).

It follows that the remainder of the applications is inadmissible for non ‑ compliance with the six-month rule and must be rejected in accordance with Article 35 §§ 1 and 4 of the Convention.

For these reasons, the Court, unanimously,

Decides to join the applications;

Decides to strike the applications out of its list of cases in so far as they concern Mr Nikolay Aleksandrovich Alekseyev;

Declares the remainder of the applications inadmissible in accordance with Article 35 §§ 1 and 4 of the Convention.

Done in English and notified in writing on 15 December 2022.

Viktoriya Maradudina Darian Pavli Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 11 of the Convention

(Restrictions on location, time or manner of conduct of public events)

No.

Application no.

Date of introduction

Applicant’s name

Year of birth

Location

Date of the public event planned

Restrictions applied

Decision by local authority

Name of local authority

Date

Final domestic decision

(type of procedure)

Date

Name of the court

73639/17

10/08/2017

(3 applicants)

Nikolay Aleksandrovich ALEKSEYEV

1977Yaroslav Nikolayevich YEVTUSHENKO

1994Sofya Andreyevna MIKHAYLOVA

1986Petrozavodsk

Three public events planned on

20/11/2016

Proposal to change the location

Administration of Petrozavodsk Urban District

10/11/2016

Notification procedure

Supreme Court of Russia

04/07/2017

73650/17

20/09/2017

(3 applicants)

Nikolay Aleksandrovich ALEKSEYEV

1977Yaroslav Nikolayevich YEVTUSHENKO

1994Sofya Andreyevna MIKHAYLOVA

1986Kemerovo

Three public events planned on

27/11/2016

Proposal to change the location

Kemerovo City Administration

25/11/2016

Notification procedure

Supreme Court of Russia

06/09/2017