CASE OF DAVYDOV AND OTHERS v. RUSSIA
Doc ref: 41865/08, 35670/10, 67218/13, 10146/15, 25535/17, 35457/17, 77321/17, 78856/17, 17408/18, 40931/18, ... • ECHR ID: 001-223273
Document date: March 2, 2023
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THIRD SECTION
CASE OF DAVYDOV AND OTHERS v. RUSSIA
(Applications nos. 41865/08 and 45 others –
see appended list)
JUDGMENT
STRASBOURG
2 March 2023
This judgment is final but it may be subject to editorial revision.
In the case of Davydov and Others v. Russia,
The European Court of Human Rights (Third Section), sitting as a Committee composed of:
Darian Pavli , President , Ioannis Ktistakis, Andreas Zünd , judges ,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 2 February 2023,
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 various restrictions imposed by the authorities on the location, time or manner of conduct of public events. Some applicants also raised complaints under Articles 6 and 13 of the Convention (see the appended table).
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 applicants complained principally of the restrictions imposed by the authorities on the location, time or manner of conduct of public events. They relied, expressly or in substance, on Article 11 of the Convention, which reads:
“1. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.
2. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This Article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State.”
7. 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).
8. In the leading case of Lashmankin and Others v. Russia, no. 57818/09 and 14 others, §§ 402-78, 7 February 2017, the Court already found a violation in respect of issues similar to those in the present case.
9. 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 on 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 based on legal provisions which did not meet the Convention’s “quality of law” requirements and were moreover not “necessary in a democratic society”.
10. These complaints are therefore admissible and disclose a breach of Article 11 of the Convention in respect of each applicant.
11. In some applications the applicants also submitted complaints about the lack of domestic remedies against the alleged violations of their right to freedom of assembly (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. 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 Lashmankin and Others , cited above, §§ 342-61, and Kablis v. Russia , nos. 48310/16 and 59663/17, §§ 64-72, 30 April 2019.
12. In application no. 21043/19 the applicant also raised a complaint under Article 6 § 1 of the Convention. In view of its findings under Articles 11 and 13 of the Convention, the Court considers that there is no need to deal separately with this complaint.
13. Article 41 of the Convention provides:
“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”
14. Having regard to the nature of the applicants’ complaints, the Court considers that the finding of a violation, triggering the respondent State’s obligation to take measures aimed at ensuring the respect of the right to freedom of assembly indicated in the judgment of Alekseyev and Others v. Russia , nos. 14988/09 and 50 others, §§ 27-29, 27 November 2018, constitutes sufficient just satisfaction (see, for a similar approach, Alekseyev and Others v. Russia ([Committee], nos. 26624/15 and 76 others, § 18, 16 January 2020), Zverev and Others v. Russia ([Committee], nos. 26363/18 and 2 others, § 15, 7 July 2022, and Taratunin and Others v. Russia ([Committee], nos. 2051/18 and 4 others, § 14, 28 July 2022)).
FOR THESE REASONS, THE COURT, UNANIMOUSLY,
Done in English, and notified in writing on 2 March 2023, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Darian Pavli
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 11 of the Convention
(restrictions on the location, time or manner of conduct of public events)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth/registration
Representative’s name and location
Location
Date of the public event planned
Restrictions applied
Final domestic decision
(type of procedure)
Date
Name of the court
Other complaints under well-established case-law
41865/08
18/07/2008
Aleksey Viktorovich DAVYDOV
1977 —
Neglinnaya street
Moscow
14/09/2007
Proposal to change the manner of conduct, in particular, to reduce the number of participants
Notification procedure:
26/02/2008
Moscow City Court
—
35670/10
19/05/2010
MOO KOMITET PROTIV PYTOK
2000Kalyapin Igor Aleksandrovich
Nizhniy Novgorod
Teatralnaya Square
Nizhniy Novgorod
26/06/2009
Proposal to change the location
Notification procedure: 26/01/2010
Nizhniy Novgorod Regional Court
—
67218/13
05/07/2013
Aleksandr Fedorovich BEKHTOLD
1950—
Sobornaya street, Lenin Square
Ryazan
08/12/2012
Lenin Square
Ryazan
01/04/2013
Lenin Square
Ryazan
26/11/2017
Lenin Square
Ryazan
02/12/2017
Lenin Square
Ryazan
09/12/2017
Lenin Square
Ryazan
15/12/2017
Proposal to change
the location
Proposal to change
the location
Proposal to change the location and time of the event
Proposal to change the location and time of the event
Proposal to change the location and time of the event
Proposal to change the location and time of the event
Notification procedure:
15/05/2013
Ryazan Regional Court
Notification procedure: 24/07/2013
Ryazan Regional Court
Notification procedure:
20/06/2018
Supreme Court of the Russian Federation
Notification procedure:
25/06/2018
Supreme Court of the Russian Federation
Notification procedure:
13/06/2018
Supreme Court of the Russian Federation
Notification procedure:
31/05/2018
Supreme Court of the Russian Federation
—
10146/15
13/02/2015
Grigoriy Nikolayevich KABLIS
1976Mezak Ernest Aleksandrovich
Saint-Barthélemy d’Anjou
Syktyvkar
18/08/2014
Proposal to change the location
Notification procedure: 27/11/2014
Supreme Court of the Komi Republic
—
25535/17
14/03/2017
Ilya Aleksandrovich MISHCHENKO
1981—
Several locations
Moscow
22/03/2016
23/03/2016
Proposals to change the locations
Notification procedure: 14/09/2016
Moscow City Court
—
35457/17
29/04/2017
Petr Nikolayevich ALYMOV
1964—
Two locations
Dankov
Two manifestations planned on
03/09/2016
Proposal to change the locations
Notification procedure:
29/03/2017
Supreme Court of the Russian Federation
—
77321/17
27/10/2017
Aleksandr Ivanovich GORDEYEV
1986Vorobyev Viktor Viktorovich
Moscow
Triumfalnaya Square
Moscow
03/05/2016
Proposal to change the location
Notification procedure: 27/04/2017
Supreme Court of the Russian Federation
—
78856/17
27/10/2017
Aleksandr Ivanovich GORDEYEV
1986Vorobyev Viktor Viktorovich
Moscow
Triumfalnaya Square
Arbatskaya Square
Moscow
Two manifestations planned on 01/05/2017
Proposals to change the locations
Notification procedure: 11/08/2017
Supreme Court of the Russian Federation
—
17408/18
30/03/2018
Aleksandr Nikolayevich TOROKHOV
1978Dolzhikov Anatoliy Anatolyevich
Balashikha
Parkovaya street Balashikha
26/03/2017
Refusal to approve the location owing to a large number of people during the weekend
Notification procedure: 17/10/2017
Supreme Court of the Russian Federation
—
40931/18
09/08/2018
(3 applicants)
Marina Sergeyevna SEDOVA
1988Darya Vladimirovna CHERNYSHEVA
1991Ernest Aleksandrovich MEZAK
1976Zubkov Vladimir Vladimirovich
Syktyvkar
Syktyvkar
02/09/2017
General prohibition on holding public events at certain locations (in the vicinity of local administration premises)
Notification procedure: 16/03/2018
Supreme Court of the Russian Federation
Art. 13 – lack of any effective remedy in domestic law in relation to Article 11 complaint
55753/18
14/11/2018
Denis Vladimirovich MOLYAKOV
1989—
Moskovskaya Street
Penza
27/06/2017
Moskovskaya Street
Penza
16/08/2017
Proposals to change the locations
Notification procedure:
15/05/2018
Supreme Court of the Russian Federation
Notification procedure: 18/05/2018
Supreme Court of the Russian Federation
—
56069/18
14/11/2018
Darya Valentinovna MASLENIKOVA
1957Irina Igorevna SVERGUN
1956Memorial Human Rights Centre
Moscow
Tretyakovskaya metro station Moscow
28/01/2017
Refusal to approve the event
Notification procedure: 14/05/2018
Supreme Court of the Russian Federation
—
56254/18
14/11/2018
Aleksandr Yevgenyevich POMAZUYEV
1982Gimadi Vyacheslav Ilyich
Moscow
Meetings with Aleksey Navalnyy
M.Gorkiy monument
Moscow
08/10/2017
M.Gorkiy monument
Moscow
15/10/2017
M.Gorkiy monument
Moscow
22/10/2017
M.Gorkiy monument
Moscow
29/10/2017
M.Gorkiy monument
Moscow
05/11/2017
M.Gorkiy monument
Moscow
12/11/2017
Prospekt Sakharova
Moscow
17/12/2017
Refusal to approve the location owing to its unsuitability
Refusal to approve the location owing to its unsuitability
Proposal to change the location
Proposal to change the location
Proposal to change the location
Proposal to change the location
Proposal to change the location
Notification procedure:
11/09/2018
Supreme Court of the Russian Federation
Notification procedure:
05/10/2018
Supreme Court of the Russian Federation
Notification procedure:
16/10/2018
Supreme Court of the Russian Federation
Notification procedure:
16/10/2018
Supreme Court of the Russian Federation
Notification procedure:
11/12/2018
Supreme Court of the Russian Federation
Notification procedure:
23/11/2018
Supreme Court of the Russian Federation
Notification procedure:
14/09/2018
Supreme Court of the Russian Federation
—
57205/18
28/11/2018
Aleksandr Vladimirovich PARAMONOV
1985Khrunova Irina Vladimirovna
Kazan
Red Square
Cheboksary
26/11/2017
Proposal to change the location and time of the event
Notification procedure: 31/07/2018
Supreme Court of the Russian Federation
Art. 13 – lack of any effective remedy in domestic law in relation to Article 11 complaint
366/19
28/11/2018
Yaroslav Romanovich MUDRYAKOV
1992Khrunova Irina Vladimirovna
Kazan
Teatralnaya Promenade
Cheboksary
24/11/2017
Proposal to change the location and the time of the event
Notification procedure:
01/08/2018
Supreme Court of the Russian Federation
Art. 13 – lack of any effective remedy in domestic law in relation to Article 11 complaint
1224/19
15/12/2018
Dmitriy Yuryevich KARASEV
1995Zboroshenko Nikolay Sergeyevich
Moscow
Near metro station Shchukinskaya
Moscow
17/09/2017
Proposal to change the location
Notification procedure:
23/11/2018
Supreme Court of the Russian Federation
—
1799/19
13/12/2018
Andrey Sergeyevich NIKITIN
1999—
Several locations
St Petersburg
Several manifestations planned between 17/07/2017 and 23/07/2017; between 24/07/2018 and 28/07/2018
Proposals to change the locations
Notification procedure: 07/08/2018
10/09/2018
Supreme Court of the Russian Federation
—
4878/19
30/12/2018
Viktoriya Yuryevna MENSHIKOVA
1986—
Several locations
St Petersburg
Several manifestations planned between 27/08/2017 and
12/09/2017
Several locations
St Petersburg
Several manifestations planned between 26/07/2017 and
03/08/2017
Several locations
St Petersburg
Several manifestations planned between 03/11/2017 and
04/11/2017
Proposal to change the locations and time
Proposal to change the location and the manner of conduct
Refusal to approve public events
Notification procedure: 14/08/2018
Supreme Court of the Russian Federation
Notification procedure: 31/07/2018
Supreme Court of the Russian Federation
Notification procedure: 20/11/2018 Supreme Court of the Russian Federation
—
7315/19
21/01/2019
Yekaterina Andreyevna YANSHINA
1996Zhdanov Ivan Yuryevich
Vilnius
Voronezh
24/11/2017
Proposal to change the time
Notification procedure: 17/09/2018
Supreme Court of the Russian Federation
—
7341/19
21/01/2019
Ruslan Anatolyevich RESHETNIKOV
1982Zhdanov Ivan Yuryevich
Vilnius
Moscow
29/07/2017
Proposal to change the location
Notification procedure:
19/09/2018
Supreme Court of the Russian Federation
—
8726/19
28/12/2018
Aleksey Viktorovich TABALOV
1976Peredruk Aleksandr Dmitriyevich
St Petersburg
Chelyabinsk
22/09/2017
Chelyabinsk
29/09/2017
Proposal to change the location and time
Proposal to change the location and time
Notification procedure:
09/08/2018
Supreme Court of the Russian Federation,
Notification procedure:
07/08/2018
Supreme Court of the Russian Federation
—
10174/19
08/02/2019
Dmitriy Mikhaylovich KLEPIKOV
1983Zakhvatov Dmitriy Igorevich
Moscow
Moscow
13/06/2017
Moscow
17/07/2017
Moscow
19/07/2017
Moscow
05/08/2017
Proposal to change the manner of conduct
Proposal to change the location
Proposal to change the location
Proposal to change the location
Notification procedure:
19/12/2018
Supreme Court of the Russian Federation
Notification procedure:
19/12/2018
Supreme Court of the Russian Federation
Notification procedure:
Supreme Court of the Russian Federation, 18/12/2018
Notification procedure:
18/12/2018
Supreme Court of the Russian Federation
—
11506/19
10/02/2019
Nataliya Andreyevna ZADONSKAYA
1986—
St Petersburg Yekateringof Park
23/07/2017
St Petersburg Sennaya Square
25/07/2017
Proposal to change the location
Proposal to change the location
Notification procedure:
04/10/2018
Supreme Court of the Russian Federation
Notification procedure:
24/08/2018
Supreme Court of the Russian Federation
—
12282/19
09/02/2019
Mariya Vladimirovna MAKAROVA
1983Lepekhin Andrey Gennadyevich
Chelyabinsk
Chelyabinsk Teatralnaya square
24/09/2017
Chelyabinsk Teatralnaya square
01/10/2017
Chelyabinsk Teatralnaya square
15/10/2017
Proposal to change the location
Proposal to change the location
Proposal to change the location
Notification procedure:
10/08/2018
Supreme Court of the Russian Federation
Notification procedure:
10/08/2018
Supreme Court of the Russian Federation
Notification procedure:
10/09/2018
Supreme Court of the Russian Federation
—
12290/19
09/02/2019
Kirill Valeryevich ARTYUKHOV
1980Lepekhin Andrey Gennadyevich
Chelyabinsk
Chelyabinsk
23/09/2017
Chelyabinsk
21/10/2017
Proposal to change the location
Proposal to change the location
Notification procedure:
10/09/2018
Supreme Court of the Russian Federation
Notification procedure:
06/09/2018
Supreme Court of the Russian Federation
—
12412/19
21/02/2019
Roman Viktorovich RUBANOV
1980Zamyatin Yevgeniy Mikhaylovich
Berlin
Meetings with Aleksey Navalnyy
Moscow
29/10/2017
Moscow
05/11/2017
Proposal to change the location and time
Proposal to change the location
Notification procedure:
11/09/2018
Supreme Court of the Russian Federation
Notification procedure:
24/11/2018
Supreme Court of the Russian Federation
—
12466/19
26/02/2019
Vladislav Valeryevich KORNYUSHENKO
1989Several locations St Petersburg Several manifestations planned between 03/07/2017 and
23/07/2017
Several locations St Petersburg
05/10/2017 06/10/2017
Proposal to change the location and time
Proposal to change the location and time
Notification procedure:
06/12/2018
Supreme Court of the Russian Federation
Notification procedure:
21/09/2018
Supreme Court of the Russian Federation
—
15781/19
10/03/2019
Nataliya Vladimirovna ZHILKINA
1973Vorobyev Viktor Viktorovich
Syktyvkar
Tambov
12/12/2017
Proposal to change the location and time
Notification procedure:
11/09/2018
Supreme Court of the Russian Federation
—
17013/19
12/03/2019
Dmitriy Vladimirovich ZUBAREV
1987Polina Aleksandrovna SIDELNIKOVA
1981Banik Sergey Stepanovich
Vladivostok
Vladivostok
28/01/2018
Proposal to change the location
Notification procedure:
05/10/2018
Supreme Court of the Russian Federation
—
17515/19
10/05/2019
Aleksandr Valeryevich ZHDANOV
1969—
Chita
22/09/2018
Proposal to change the location
Notification procedure:
13/12/2018
Zabaykalskiy Regional Court
—
21006/19
01/04/2019
Nadezhda Viktorovna KOTS
1955Pomazuyev Aleksandr Yevgenyevich
Vilnius
Moscow
30/07/2017
Refusal to approve the event
Notification procedure: 05/03/2019
Supreme Court of the Russian Federation
—
21043/19
08/04/2019
Dmitriy Andreyevich ZVORYKIN
1983Zboroshenko Nikolay Sergeyevich
Moscow
Moscow
26/05/2017
Proposal to change the location
Notification procedure: 23/11/2018
Supreme Court of the Russian Federation
—
22408/19
11/04/2019
Vladimir Vladimirovich ZUBKOV
1974Mezak Ernest Aleksandrovich
Saint-Barthélemy d’Anjou
Syktyvkar
20/12/2017
Proposal to change the location
Notification procedure:
11/10/2018
Supreme Court of the Russian Federation
—
30502/19
20/05/2019
Nataliya Vladimirovna ZHILKINA
1973Vorobyev Viktor Viktorovich
Syktyvkar
Tambov
01/05/2018
Refusal to approve the event
Notification procedure: 20/11/2018
Supreme Court of the Russian Federation
—
34418/19
20/06/2019
Marina Vladimirovna MAYANTSEVA
1992—
Nizhniy Novgorod
Two manifestations
01/05/2018
Proposal to change the location and/or time
Notification procedure:
25/12/2018
13/05/2019
Supreme Court of the Russian Federation
—
35303/19
18/06/2019
Yelena Aleksandrovna ZEZEGOVA
1996Ernest Aleksandrovich MEZAK
1976Zubkov Vladimir Vladimirovich
Syktyvkar
Yaroslavl
12/08/2018
Proposal to change the location;
general prohibition on holding public events at certain locations (near the buildings of the investigative authorities)
Notification procedure: 18/12/2018
Supreme Court of the Russian Federation
Art. 13 – lack of any effective remedy in domestic law in relation to Article 11 complaint
35909/19
25/06/2019
Yuriy Venediktovich IOFFE
1972Peredruk Aleksandr Dmitriyevich
St Petersburg
St Petersburg
Chernyshevskiy Garden
18/07/2018
Proposal to change the time
Notification procedure: 18/03/2019
Supreme Court of the Russian Federation
—
40201/19
19/07/2019
Aleksey Yuryevich GOLYSHEV
1976Pomazuyev Aleksandr Yevgenyevich
Vilnius
Korolev
50 let VLKSM street
25/11/2017
Proposal to change the location
Notification procedure: 22/01/2019
Supreme Court of the Russian Federation
—
43254/19
26/07/2019
Yekaterina Maksimovna MIKHAYLOVA
1996Zakhvatov Dmitriy Igorevich
Moscow
Moscow Pushkinskaya Square
14/10/2018
Proposal to change the location
Notification procedure: 21/05/2019
Supreme Court of the Russian Federation
—
59881/19
22/10/2019
Aleksey Yuryevich GOLYSHEV
1976Pomazuyev Aleksandr Yevgenyevich
Vilnius
Moscow
Prospect Mira near the VDNKh entrance
15/07/2017
Proposal to change the location
Notification procedure:
25/04/2019
Supreme Court of the Russian Federation
—
60333/19
08/11/2019
Ilya Vladimirovich SIVOLDAYEV
1973—
Voronezh
10/07/2018
Proposal to change the location
Notification procedure:
08/05/2019
Supreme Court of the Russian Federation
—
61396/19
18/11/2019
Anton Viktorovich STRUNIN
1982—
Penza
Moscow street
09/09/2018
Proposal to change the location
Notification procedure: 23/05/2019
Supreme Court of the Russian Federation
—
3211/20
16/12/2019
Anatoliy Vasilyevich SAY
1951—
Krasnodar
09/09/2018
Refusal to approve the event
Notification procedure: 25/07/2019
Supreme Court of the Russian Federation
—
3327/20
30/12/2019
Tatyana Viktorovna GRIGORYEVA
1983Sokolov Yevgeniy Vladislavovich
Belgorod
Belgorod
10/06/2019
Belgorod
17/06/2019
Belgorod
26/07/2019
Proposal to change the location
Proposal to change the location
Proposal to change the location
Notification procedure: 21/11/2019
Supreme Court of the Russian Federation
Notification procedure: 21/11/2019
Supreme Court of the Russian Federation
Notification procedure: 29/11/2019
Supreme Court of the Russian Federation
—
13012/20
17/02/2020
(3 applicants)
Sergey Yuryevich ZAKHAROV
1986Mikhail Arnoldovich BUDARIN
1984Pavel Valeryevich ROMANOV
1981Romanov Pavel Valeryevich
Cheboksary
Cheboksary
07/07/2019
Proposal to change the location;
general prohibition on holding public events at certain locations (mall, administration, church)
Notification procedure: 27/12/2019
Supreme Court of the Russian Federation
—
34496/20
06/07/2020
Dmitriy Vladimirovich SERGEYEV
1984Peredruk Aleksandr Dmitriyevich
St Petersburg
Fontanka Embarkment
St.Petersburg
25/02/2019
General prohibition on holding public events at certain locations (near Leningradskiy Regional Court)
Notification procedure: 24/01/2020
Supreme Court of the Russian Federation
—