Lexploria

FIRST SECTION

CASE OF ZAYTSEV AND OTHERS v. RUSSIA

(Applications nos. 5151/18 and 19 others â€“

see appended list)

JUDGMENT

STRASBOURG

27 April 2023

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

In the case of Zaytsev and Others v. Russia,

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

LÉ™tif HÃ¼seynov , President , Ivana JeliÄ‡, Erik WennerstrÃ¶m , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 6 April 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 (â€œthe Conventionâ€) on the various dates indicated in the appended table.

2. The Russian Government (â€œthe Governmentâ€) 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, Â§Â§ 68-73, 17 January 2023).

7. The applicants complained principally of disproportionate measures taken against them as organisers or participants of public assemblies, namely the dispersal of these assemblies, as well as their arrest followed by their conviction for administrative offence. 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 KudreviÄius 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 â€‘ 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 applicantsâ€™ freedom of assembly were not â€œnecessary in a democratic societyâ€.

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

12. 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 Â§ 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 its well-established case-law (see Butkevich v. Russia , no. 5865/07, Â§Â§ 63 â€‘ 65, 13 February 2018, Tsvetkova and Others v. Russia , nos. 54381/08 and 5 others, Â§Â§ 121-23, 10 April 2018, Kalyapin v. Russia [Committee], no. 6095/09, Â§ 76, 23 July 2019, concerning various aspects of unlawful deprivation of liberty of organisers or participants of public events; and Karelin v. Russia , no. 926/08, 20 September 2016, related to the examination of criminal cases in the absence of a prosecuting party in the judicial proceedings governed by the Federal Code of Administrative Offences (CAO)).

13. In view of the above findings, the Court considers that there is no need to deal separately with the applicantsâ€™ complaints under Article 6 of the Convention concerning other aspects of the fairness of the administrative offence proceedings and alleged restrictions on the right to examine witnesses.

14. Article 41 of the Convention provides:

â€œIf 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.â€

15. Regard being had to the documents in its possession and to its case â€‘ law (see, in particular, Navalnyy and Others v. Russia [Committee], nos. 25809/17 and 14 others, Â§ 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 27 April 2023, pursuant to Rule 77 Â§Â§ 2 and 3 of the Rules of Court.

Viktoriya Maradudina LÉ™tif HÃ¼seynov

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

Applicantâ€™s name

Year of birth

Representativeâ€™s name and location

Name of the public event

Location

Date

Administrative charges

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]

5151/18

08/01/2018

Fedor Aleksandrovich ZAYTSEV

1995Terekhov Konstantin Ilyich

Moscow

Anti-corruption manifestation

Moscow

26/03/2017

Article 20.2 Â§ 5 of CAO

fine of 20,000 Russian roubles (RUB)

Moscow City Court

14/07/2017

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

3,500

958/20

09/12/2019

Nurlan Toktarovich OMAROV

1987Pomazuyev Aleksandr Yevgenyevich

Vilnius

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Article 20.2 Â§ 5 of CAO

fine of RUB 15,000

Moscow City Court

06/09/2019

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

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and escorting to the police office on 27/07/2019 for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours

4,000

2492/20

26/12/2019

Tatyana Grigoryevna TARVID

1953Zboroshenko Nikolay Sergeyevich

Mytishchi

Manifestation in support of Ivan Golunov

Moscow

12/06/2019

Article 20.2 Â§ 6.1 of CAO

fine of RUB 20,000

Moscow City Court

18/10/2019

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and escorting to the police office for the purpose of drawing up a record of administrative offence on 12/06/2019; detention in excess of 3 hours;

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

4,000

2612/20

11/12/2019

Aleksey Petrovich ZELENSKIY

1971Savelyev Anton Alekseyevich

Domodedovo

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Article 20.2 Â§ 6.1 of CAO

15-day administrative detention

Moscow City Court

05/08/2019

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - lack of legal grounds for arrest, escorting to the police station and detention there on 27/07/2019 in excess of 3 hours;

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

5,000

2967/20

11/12/2019

Aleksandr Mikhaylovich STREKALOV

1982Savelyev Anton Alekseyevich

Domodedovo

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Article 20.2 Â§ 6 of CAO

6 days of administrative detention

Moscow City Court

12/09/2019

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - lack of legal grounds for arrest, escorting to the police station and detention there on 27/07/2019 in excess of 3 hours;

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

5,000

2971/20

11/12/2019

Anton Romanovich GALLY

1997Savelyev Anton Alekseyevich

Domodedovo

Manifestation for fair elections to Mosgorduma

Trubnaya square, Moscow

27/07/2019

Article 20.2 Â§ 6 of CAO

fine of RUB 15,000

Moscow City Court

12/09/2019

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - lack of legal grounds for arrest, escorting to the police station and detention there on 27/07/2019 in excess of 3 hours;

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

4,000

7802/20

21/01/2020

Marsel Timurovich ALIYEV

1999Pomazuyev Aleksandr Yevgenyevich

Vilnius

Manifestation for fair elections to Mosgorduma

Tverskaya str., Moscow

27/07/2019

Article 20.2 Â§ 5 of CAO

fine of RUB 10,000

Moscow City Court

12/09/2019

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 27/07/2019 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence;

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

4,000

7898/20

31/01/2020

Matvey Sergeyevich MATVEYEV

1987Memorial Human Rights Centre

Moscow

Manifestation in support of Ivan Golunov

Moscow

12/06/2019

Article 20.2 Â§ 6.1 of CAO

fine of RUB 10,000

Moscow City Court

14/08/2019

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 12/06/2019 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence;

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

4,000

8489/20

01/02/2020

Oleg Nikolayevich KLIMOV

1982Laptev Aleksey Nikolayevich

Moscow

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Article 20.2 Â§ 6.1 of CAO

10 days of administrative arrest

Moscow City Court

01/08/2019

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - lack of any legal grounds for the applicantâ€™s arrest and escorting to the police station on 27/07/2019; detention in excess of 3 hours,

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

5,000

9491/20

01/02/2020

Valeriy Yuryevich RODIN

1973Memorial Human Rights Centre

Moscow

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Article 20.2 Â§ 6.1 of CAO

12 days of administrative arrest

Moscow City Court

01/08/2019

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and escorting to the police station on 27/07/2019; detention in excess of 3 hours,

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

5,000

11417/20

07/02/2020

Artem Igorevich KUZNETSOV

1996Memorial Human Rights Centre

Moscow

Manifestation for fair elections to Mosgorduma

Trubnaya square, Moscow

03/08/2019

Article 20.2 Â§ 5 of CAO

fine of RUB 15,000

Moscow City Court

06/11/2019

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

3,500

14654/20

29/02/2020

Aleksandr Vitalyevich SEMIGLAZOV

1992Mezak Ernest Aleksandrovich

Saint-BarthÃ©lemy dâ€™Anjou

Manifestation for fair elections to Mosgorduma

Rozhdestvenskiy boulevard, Moscow

27/07/2019

Article 20.2 Â§ 6.1 of CAO

fine of RUB 10,000

Moscow City Court

30/08/2019

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis â€“ arrest, escorting to the police station and detention on 27 â€‘ 29 July 2019 for the sole alleged purpose of drawing up a record of administrative offence;

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

4,000

14655/20

29/02/2020

Maksim Stanislavovich KAZAK

1996Mezak Ernest Aleksandrovich

Saint-BarthÃ©lemy dâ€™Anjou

Manifestation for fair elections to Mosgorduma

Tverskaya str., Moscow

27/07/2019

Article 20.2 Â§ 6.1 of CAO

fine of RUB 10,000

Moscow City Court

30/08/2019

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

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest, escorting to the police station and detention on 27 â€‘ 29 July 2019 for the sole alleged purpose of drawing up a record of administrative offence

4,000

14666/20

29/02/2020

Maksim Mikhaylovich UCHAYKIN

1988Mezak Ernest Aleksandrovich

Manifestation for fair elections to Mosgorduma

Rozhdestvenskiy boulevard, Moscow

27/07/2019

Article 20.2 Â§ 6.1 of CAO

5 daysâ€™ administrative arrest

Moscow City Court

30/08/2019

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest, escorting to the police station and detention on 27 â€‘ 29 July 2019 for the sole alleged purpose of drawing up a record of administrative offence;

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

5,000

15299/20

11/03/2020

Ilya Yevgenyevich PANKOV

1982Bayturina Svetlana Nikolayevna

Moscow

Manifestation for fair elections to Mosgorduma

Moscow

03/08/2019

Article 20.2 Â§ 5 of CAO

fine of RUB 10,000

Moscow City Court

12/09/2019

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

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 03/08/2019 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence

4,000

15304/20

11/03/2020

Sergey Sergeyevich KUZMIN

2000Bayturina Svetlana Nikolayevna

Moscow

Manifestation for fair elections to Mosgorduma

Trubnaya square, Moscow

03/08/2019

Article 20.2 Â§ 5 of CAO

fine of RUB 10,000

Moscow City Court

12/09/2019

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

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 03/08/2019 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence

4,000

17323/20

16/03/2020

Vladimir Nikolayevich SITNIKOV

1971Mezak Ernest Aleksandrovich

Manifestation for fair elections to Mosgorduma

Tverskaya str., Moscow

27/07/2019

Article 20.2 Â§ 8 of CAO

fine of RUB 150,000

Moscow City Court

16/09/2019

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest, escorting to the police station and detention on 27 â€‘ 29 July 2019 for the sole alleged purpose of drawing up a record of administrative offence;

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

6,000

17634/20

16/03/2020

Roman Eduardovich ZAMKOV

1978Mezak Ernest Aleksandrovich

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Article 20.2 Â§ 6.1 of CAO

fine of RUB 10,000

Moscow City Court

16/09/2019

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 27-29/07/2019 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence;

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

4,000

20018/20

10/03/2020

Andrey Anatolyevich FILONOV

1993Markin Konstantin Aleksandrovich

Velikiy Novgorod

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Article 20.2 Â§ 5 of CAO

fine of RUB 20,000

Moscow City Court

12/09/2019

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - detention on 27/07/2019 in excess of 3 hours for the purpose of drawing up a record of administrative offence;

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

4,000

20318/20

25/03/2020

Denis Yuryevich PORTNOV

1984Pomazuyev Aleksandr Yevgenyevich

Vilnius

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Article 20.2 Â§ 6.1 of CAO

fine of RUB 10,000

Moscow City Court

02/12/2019

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 27-28/07/2019 for the sole purpose of drawing up a record of administrative offence; raised on appeal;

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

4,000

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

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CASE OF ZAYTSEV AND OTHERS v. RUSSIA

CASE OF ZAYTSEV AND OTHERS v. RUSSIA

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