Lexploria

THIRD SECTION

CASE OF SULAKADZE AND OTHERS v. RUSSIA

(Applications nos. 52527/18 and 23 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 Sulakadze 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 disproportionate measures taken against them as organisers and/or participants of public assemblies. They also raised other complaints under the provisions of the Convention and the Protocols thereto.

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 disproportionate measures taken against them as organisers and/or participants of public assemblies, namely the dispersal of these assemblies, as well as their arrest followed by their conviction for administrative offences. They relied, expressly or in substance, on Article 11 of the Convention.

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) 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).

8. 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 cases.

9. 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”.

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

11. The 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.

12. Having examined all the material before it, the Court concludes that they also disclose violations of the Convention and its Protocol in the light of its well-established case-law (see Butkevich v. Russia , no. 5865/07, §§ 63-65, 13 February 2018, Kalyapin v. Russia , no. 6095/09, § 76, 23 July 2019, and Korneyeva v. Russia , no. 72051/17, §§ 34-36, 8 October 2019, concerning different aspects of unlawful deprivation of liberty of the organisers or participants of public events, Karelin v. Russia , no. 926/08, 20 September 2016, concerning examination of criminal cases in the absence of a prosecuting party in the judicial proceedings governed by the Federal Code of Administrative Offences (CAO), Tsvetkova and Others v. Russia , nos. 54381/08 and 5 others, §§ 178-91, 10 April 2018, and Martynyuk v. Russia , no. 13764/15, §§ 38-42, 8 October 2019, related to the lack of a suspensive effect of an appeal and immediate execution of a sentence of administrative detention).

13. In view of the above findings in paragraph 12, the Court considers that there is no need to deal separately with the remaining complaints under Article 6 of the Convention concerning other aspects of the fairness of the administrative-offence proceedings.

14. 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.”

15. Regard being had to the documents in its possession and to its case ‑ law (see, most recently, Savelov and others v. Russia [Committee], no. 62815/10 and 5 others, 1 December 2022), the Court finds it reasonable to award the sums indicated in the appended table and dismisses the remainder of the applicants’ claims for just satisfaction.

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 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

(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 charges (Article of CAO)

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]

52527/18

24/10/2018

Oleg Georgiyevich SULAKADZE

1949Sholokhov Igor Nikolayevich

Kazan

Mother’s Day in Ostankino

Moscow

11/03/2018

Article 20.2 § 5

fine of RUB 20,000

Moscow City Court

14/05/2018

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings - Moscow City Court, 14/05/2018

3,900

52531/18

24/10/2018

Svetlana Vadimovna KRYLOVA

1981Sholokhov Igor Nikolayevich

Kazan

Manifestation against Mr Putin’s re ‑ election

Kazan

05/05/2018

Article 20.2 § 5

fine of RUB 10,000

Supreme Court of the Tatarstan Republic

08/08/2018

Art. 5 (1) - unrecorded detention and in excess of three hours, on 04/07/2018, when the applicant was called to the police station to draw up a record of administrative offence related to the participation in manifestation on 05/05/2018, she remained detained until the first instance hearing in the administrative-offence proceedings;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings - Supreme Court of the Tatarstan Republic, 08/08/2018

3,900

1194/19

11/12/2018

Sergey Alekseyevich BRENYUK

1954Ivanets Vyacheslav Sergeyevich

Tbilisi, Georgia

Meeting with electorate

Angarsk

22/08/2020

Political Manifestation

Angarsk

22/08/2020

Manifestation against pension reform

Angarsk

04/09/2018

Article 20.2 § 1

Article 20.2 § 2

fine of RUB 10,000

fine of RUB 25,000

fine of RUB 20,000

Irkutsk Regional Court

27/10/2020

Irkutsk Regional Court

27/10/2020

Irkutsk Regional Court

08/11/2018

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the three sets of the administrative-offence proceedings indicated in column no. 8

3,900

11860/19

07/02/2019

Igor Olegovich MARTYNENKO

1993Pershakova Yelena Yuryevna

Moscow

Artistic manifestation

Irkutsk

01/05/2018

Article 20.2 § 2

fine of RUB 25,000

Irkutsk Regional Court

07/08/2018

Art. 5 (1) – Partially unrecorded detention as administrative suspect on 14/06/2018 and 15/06/2018, in excess of three hours;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings - Irkutsk Regional Court, 07/08/2018

3,900

31151/19

27/05/2019

Roman Vladimirovich MALCHIKOV

1980Sozonov Ruslan Vladimirovich

Nizhniy Novgorod

Manifestation against pension reform

Nizhniy Novgorod

09/09/2018

Article 20.2 § 6.1

10 days’ administrative detention

Nizhniy Novgorod Regional Court

06/12/2018

Art. 5 (1) - detention as administrative suspect on 02/10/2018, in excess of three hours, for the purpose of drawing up a record of administrative offence

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings- Nizhniy Novgorod Regional Court, 06/12/2018;

Prot. 7 Art. 2 - the sentence of administrative detention imposed by the first instance court was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO

3,900

51001/19

19/09/2019

Oleg Yuryevich YESHEVSKIY

1970Sholokhov Igor Nikolayevich

Kazan

Manifestation against a landfill construction

Arkhangelsk

07/04/2019

Article 20.2 § 5

fine of RUB 12,000

Arkhangelsk Regional Court

13/08/2019

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings - Arkhangelsk Regional Court, 13/08/2019

3,900

53511/19

25/09/2019

Dmitriy Sergeyevich TOMATIN

1992Sholokhov Igor Nikolayevich

Kazan

Manifestation against a landfill construction

Arkhangelsk

07/04/2019

Article 20.2 § 5

fine of RUB 13,900

Arkhangelsk Regional Court

27/06/2019

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings - Arkhangelsk Regional Court, 27/06/2019

3,900

54131/19

26/09/2019

Igor Stanislavovich MOKHNATKIN

1985Sholokhov Igor Nikolayevich

Kazan

Manifestation against a landfill construction

Arkhangelsk

07/04/2019

Article 20.2 § 6.1 of CAO

fine of RUB 14,000

Arkhangelsk Regional Court

20/06/2019

Art. 5 (1) - arrest on 19/05/2019 and an overnight detention as administrative suspect in order to be escorted for the hearing in the trial court;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings - Arkhangelsk Regional Court, 20/06/2019

3,900

59286/19

31/10/2019

Mariya Viktorovna KOSTENKO

1987Sholokhov Igor Nikolayevich

Kazan

Manifestation against a landfill construction

Arkhangelsk

07/04/2019

Article 20.2 § 6.1

fine of RUB 14,000

Arkhangelsk Regional Court

17/05/2019

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings - Arkhangelsk Regional Court, 17/05/2019

3,900

6793/20

17/01/2020

Anton Yuryevich YEGOROV

1990Memorial Human Rights Centre

Moscow

Manifestation for fair elections to Mosgorduma

Moscow

03/08/2019

Article 20.2 § 5

fine of RUB 10,000

Moscow City Court

16/09/2019

Art. 5 (1) - detention as administrative suspect on 03/08/2019, in excess of three hours, for the purpose of drawing up a record of administrative offence

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings - Moscow City Court, 16/09/2019

3,900

7776/20

17/01/2020

Denis Sergeyevich NOCHEVKA

1992Benyash Mikhail Mikhaylovich

Sochi

Manifestation against the pension reform

Krasnodar

09/09/2018

Article 20.2 § 5

fine of RUB 10,000

Krasnodar Regional Court

23/07/2019

Art. 5 (1) - detention as administrative suspect on 09/09/2018, in excess of three hours, for the purpose of drawing up a record of administrative offence;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings - Krasnodar Regional Court, 23/07/2019

3,900

8432/20

24/01/2020

Ivan Viktorovich LEONTYEV

1982Sholokhov Igor Nikolayevich

Kazan

Manifestation against a landfill construction

Arkhangelsk

07/04/2019

Article 20.2 § 6

fine of RUB 10,000

Arkhangelsk Regional Court

21/11/2019

Art. 5 (1) - detention as administrative suspect on 17/10/2019 - 18/10/2019, in excess of three hours, for the purpose of drawing up a record of administrative offence

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings - Arkhangelsk Regional Court, 21/11/2019

3,900

8433/20

24/01/2020

Yuriy Nikolayevich SHCHERBACHEV

1951Sholokhov Igor Nikolayevich

Kazan

Manifestation against a landfill construction

Arkhangelsk

07/04/2019

Article 20.0 § 8

fine of RUB 160,000

Arkhangelsk Regional Court

26/11/2019

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings - Arkhangelsk Regional Court, 26/11/2019

5,000

10138/20

13/02/2020

Konstantin Nikolayevich KOBANENKO

1969Memorial Human Rights Centre

Moscow

Manifestation for fair elections to Mosgorduma

Moscow

03/08/2019

Article 20.2 § 5

fine of RUB 15,000

Moscow City Court

20/09/2019

Art. 5 (1) – detention as administrative suspect on 03/08/2019, in excess of three hours, for the purpose of drawing up a record of administrative offence;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings - Moscow City Court, 20/09/2019

3,900

10143/20

13/02/2020

Aleksey Igorevich VOROBYEV

1991Memorial Human Rights Centre

Moscow

Manifestation for fair elections to Mosgorduma

Moscow

03/08/2019

Article 20.2 § 5

fine of RUB 20,000

Moscow City Court

16/09/2019

Art. 5 (1) - detention as administrative suspect on 03/08/2019, in excess of three hours, for the purpose of drawing up a record of administrative offence

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings - Moscow City Court, 16/09/2019

3,900

10260/20

13/02/2020

Vladislav Vagifovich SEYFULLAYEV

1979Memorial Human Rights Centre

Moscow

Manifestation for fair elections to Mosgorduma

Moscow

03/08/2019

Article 20.2 § 5

fine of RUB 10,000

Moscow City Court

08/10/2019

Art. 5 (1) - detention as administrative suspect on 03/08/2019, in excess of three hours, for the purpose of drawing up a record of administrative offence

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings - Moscow City Court, 08/10/2019

3,900

10264/20

13/02/2020

Kirill Yevgenyevich DUSHIN

1988Memorial Human Rights Centre

Moscow

Manifestation for fair elections to Mosgorduma

Moscow

03/08/2019

Article 20.2 § 5

fine of RUB 20,000

Moscow City Court

24/10/2019

Art. 5 (1) - detention as administrative suspect on 03/08/2019, in excess of three hours, for the purpose of drawing up a record of administrative offence;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings - Moscow City Court, 24/10/2019

3,900

10972/20

07/02/2020

Rinat Munirovich DUBIN

1993Memorial Human Rights Centre

Moscow

Manifestation for fair elections to Mosgorduma

Moscow

03/08/2019

Article 20.2 § 5

fine of RUB 15,000

Moscow City Court

02/10/2019

Art. 5 (1) - detention as administrative suspect on 03/08/2019, in excess of three hours, for the purpose of drawing up a record of administrative offence;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings - Moscow City Court, 02/10/2019

3,900

11159/20

07/02/2020

Artem Aleksandrovich VITYUTNEV

1991Memorial Human Rights Centre

Moscow

Manifestation for fair elections to Mosgorduma

Moscow

03/08/2019

Article 20.2 § 5

fine of RUB 15,000

Moscow City Court

18/10/2019

Art. 5 (1) - detention as administrative suspect on 03/08/2019, in excess of three hours, for the purpose of drawing up a record of administrative offence;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings - Moscow City Court, 18/10/2019

3,900

14072/20

28/02/2020

Yelena Aleksandrovna SHVAREVA

1979Sholokhov Igor Nikolayevich

Kazan

Manifestation against a landfill construction

Arkhangelsk

07/04/2019

Article 20.2 § 5

fine of RUB 11,000

Arkhangelsk Regional Court

21/01/2020

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings - Arkhangelsk Regional Court, 21/01/2020

3,900

14858/20

28/02/2020

Artur Vladimirovich NOVIKOV

1999Sholokhov Igor Nikolayevich

Kazan

Manifestation against a landfill construction

Arkhangelsk

07/04/2019

Article 20.2 § 5

fine of RUB 12,000

Arkhangelsk Regional Court

21/01/2020

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings - Arkhangelsk Regional Court, 21/01/2020

3,900

27965/20

25/06/2020

Alim Nazirovich AKHKUBEKOV

1991Memorial Human Rights Centre

Moscow

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Article 20.2 § 6.1

fine of RUB 10,000

Moscow City Court

06/11/2019

Art. 5 (1) - detention as administrative suspect on 27/07/2019, in excess of three hours, for the purpose of drawing up a record of administrative offence;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings - Moscow City Court, 06/11/2019

3,900

29895/20

13/07/2020

Vitaliy Valeryevich ZOTOV

1992Memorial Human Rights Centre

Moscow

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Article 20.2 § 5

fine of RUB 15,000

Moscow City Court

24/10/2019

Art. 5 (1) – overnight detention as administrative suspect on 27/07/2019, in excess of three hours, for the purpose of drawing up a record of administrative offence

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the above administrative-offence proceedings - Moscow City Court, 24/10/2019

3,900

29995/20

13/07/2020

Aleksandr Eduardovich SOLODOVNIK

1991Memorial Human Rights Centre

Moscow

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Article 20.2 § 5

fine of RUB 15,000

Moscow City Court

20/01/2020

Art. 5 (1) - detention as an administrative suspect on 27/07/2019, in excess of three hours, for the purpose of drawing up a record of administrative offence;

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in the administrative-offence proceedings - Moscow City Court, 20/01/2020

3,900

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

Menu

CASE OF SULAKADZE AND OTHERS v. RUSSIA

CASE OF SULAKADZE AND OTHERS v. RUSSIA

LEXI