Lexploria

FIRST SECTION

CASE OF BESTUZHEV AND OTHERS v. RUSSIA

(Applications nos. 11350/20 and 26 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 Bestuzhev 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 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 â€‘ 73, 17 January 2023).

7. The applicants complained principally of disproportionate measures taken against them as 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, and having taken into account the issue of compliance with the six-month time-limit under Article 35 Â§ 1 of the Convention (see Saakashvili v. Georgia (dec.), nos. 6232/20 and 22394/20, Â§Â§ 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 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 well â€‘ established case-law (see Butkevich v. Russia , no. 5865/07, Â§Â§ 63-65, 13 February 2018, Kalyapin v. Russia , no. 6095/09, Â§ 76, 23 July 2019, and Korneyeva v. Russia , no. 72051/17, Â§Â§ 34-36, 8 October 2019, concerning different aspects of unlawful deprivation of liberty of the organisers or participants of public events; and 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)).

13. Some applicants further raised additional complaints under Articles 5 and 6 of the Convention concerning other aspects of their detention and fairness of the administrative-offence proceedings. In view of the findings in paragraphs 11 and 12 above, the Court considers that there is no need to deal separately with these remaining complaints.

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. 5809/17 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]

11350/20

18/02/2020

Mikhail Yuryevich BESTUZHEV

1974Pomazuyev 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

16/09/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention there on 27/07/2019, in excess of three hours, for the sole reason of drawing up a record of administrative offence

4,000

12507/20

21/02/2020

Bair Solbonovich TOKTOKHOYEV

1990Sirosh Fedor Yevgenyevich

Moscow

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Article 20.2 Â§ 5 of CAO

fine of RUB 10,000

Moscow City Court

06/09/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 27/07/2019 in excess of three hours, for the sole purpose of drawing up a record of an administrative offence;

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

4,000

12519/20

21/02/2020

Sergey Vladimirovich NIKIFOROV

1991Sirosh Fedor Yevgenyevich

Moscow

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Article 20.2 Â§ 6 of CAO

fine of RUB 20,000

Moscow City Court

30/10/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention between 27/07/2019 and 29/07/2019 for drawing up a record of administrative offence and "to put an end to the administrative offence": no evidence/ assessment of â€œexceptional circumstancesâ€ under the CAO; administrative offence record compiled already on 27/07/2019;

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

4,000

12521/20

21/02/2020

Ildar Rinatovich KHUSNUTDINOV

1993Sirosh Fedor Yevgenyevich

Moscow

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

04/09/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention there on 27/07/2019 in excess of three hours for the sole 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 administrative-offence proceedings

4,000

12524/20

21/02/2020

Sergey Dmitriyevich PAVLOV

1991Sirosh Fedor Yevgenyevich

Moscow

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Article 20.2 Â§ 5 of CAO

fine of RUB 10,000

Moscow City Court

04/09/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention there on 27/07/2019 in excess of three hours for the sole 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 administrative-offence proceedings

4,000

15272/20

12/03/2020

Aleksey Igorevich GRISHIN

1996Pomazuyev 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

08/10/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to a police station, detention there on 27/07/2019 in excess of three hours, for the sole 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 administrative-offence proceedings

4,000

17824/20

30/03/2020

Konstantin Pavlovich GLAZKOV

1991Pomazuyev Aleksandr Yevgenyevich

Vilnius

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Article 20.2 Â§ 5 of CAO

fine of RUB 10,000

Moscow City Court

06/11/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to a police station, detention there on 27/07/2019 in excess of three hours, for the sole purpose of drawing up a record of administrative offence

4,000

17894/20

30/03/2020

Aleksandr Igorevich GONCHARENKO

1999Pomazuyev Aleksandr Yevgenyevich

Vilnius

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Article 20.2 Â§ 6.1 of CAO

fine of RUB 20,000

Moscow City Court

10/10/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention between 27/07/2019 and 29/07/2019 as administrative suspect: no evidence/ assessment of â€œexceptional circumstancesâ€ under the CAO; administrative offence record compiled already on 27/07/2019;

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

4,000

18723/20

30/03/2020

Daniil Igorevich TYAZHKUN

1985Pomazuyev Aleksandr Yevgenyevich

Vilnius

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Article 20.2 Â§ 8 of CAO

fine of RUB 250,000

Moscow City Court

16/01/2020

Art. 5 (1) - unlawful deprivation of liberty - 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 until 7.00 a.m. on 28/07/2019 (raised on appeal)

7,500

19117/20

23/03/2020

Kirill Sergeyevich CHERNYY

1993Pomazuyev Aleksandr Yevgenyevich

Vilnius

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

10/10/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention there on 27/07/2019 in excess of three hours for the sole purpose of drawing a record of administrative offence

4,000

19118/20

17/03/2020

Ivan Anatolyevich KULNEV

1983Pomazuyev 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

18/09/2019

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

3,500

19122/20

23/03/2020

Mikhail Sergeyevich BELOUSOV

2000Pomazuyev Aleksandr Yevgenyevich

Vilnius

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Article 20.2 Â§ 6.1 of CAO

fine of RUB 15,000

Moscow City Court

16/10/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention between 27/07/2019 and 29/07/2019 for the sole purpose of drawing up a record of administrative offence (such record had already been drawn up on 28/07/2019): no evidence/assessment of any "exceptional circumstances" under the CAO;

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

4,000

19123/20

23/03/2020

Yevgeniy Nikolayevich ARAPOV

1997Pomazuyev Aleksandr Yevgenyevich

Vilnius

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Article 20.2 Â§ 5 of CAO

fine of RUB 10,000

Moscow City Court

10/10/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention there 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 the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings

4,000

19127/20

23/03/2020

Yekaterina Sergeyevna NIZOVTSEVA

1994Pomazuyev Aleksandr Yevgenyevich

Vilnius

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Article 20.2 Â§ 5 of CAO

fine of RUB 10,000

Moscow City Court

30/10/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 27/07/2019 for the sole purpose of compiling a record of administrative offence

4,000

19131/20

23/03/2020

Maksim Vladimirovich IVANOV

1976Pomazuyev Aleksandr Yevgenyevich

Vilnius

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Article 20.2 Â§ 5 of CAO

fine of RUB 10,000

Moscow City Court

22/10/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to a police station, detention on 27/07/2019 for the sole purpose of drawing up a record of administrative offence

4,000

19132/20

23/03/2020

Anton Dmitriyevich DEGTYAREV

1998Pomazuyev Aleksandr Yevgenyevich

Vilnius

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Article 20.2 Â§ 5 of CAO

fine of RUB 10,000

Moscow City Court

18/10/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to the police office on 27/07/2019 for the sole 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 administrative-offence proceedings

4,000

19310/20

23/03/2020

Vasiliy Pavlovich RODIONOV

1996Pomazuyev Aleksandr Yevgenyevich

Vilnius

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Article 20.2 Â§ 6.1 of CAO

fine of RUB 20,000

Moscow City Court

10/10/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to the police station, detention between 27/07/2019 and 29/07/2019 for the purpose of drawing up a record of administrative offence and "case examination" (administrative offence record drawn up on 27/07/2019): no evidence/assessment of any "exceptional circumstances" under the CAO;

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

4,000

19314/20

23/03/2020

Artem Aleksandrovich ZAYCHIKOV

1978Pomazuyev Aleksandr Yevgenyevich

Vilnius

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Article 20.2 Â§ 8 of CAO

fine of RUB 150,000

Moscow City Court

30/10/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to a police station, detention between 27/07/2019 and 29/07/2019 for the purpose of drawing up a record of administrative offence (compiled on 29/07/2019): no evidence/assessment of any "exceptional circumstances" under the CAO;

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

6,000

19315/20

25/03/2020

Elvin ALLAKHVERDIYEV

1998Pomazuyev Aleksandr Yevgenyevich

Vilnius

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Article 20.2 Â§ 5 of CAO

fine of RUB 10,000

Moscow City Court

14/10/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to a police station, detention on 27/07/2019 in excess of three hours, for the sole 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 administrative-offence proceedings

4,000

19317/20

25/03/2020

Olga Anatolyevna KUNGUROVA

1990Pomazuyev Aleksandr Yevgenyevich

Vilnius

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Article 20.2 Â§ 5 of CAO

fine of RUB 10,000

Moscow City Court

02/12/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to the police office, detention on 27/07/2019 in excess of three hours, for the sole purpose of drawing up a record of administrative offence

4,000

19557/20

23/03/2020

Artem Tsolakovich KARAPETYAN

1957Pomazuyev Aleksandr Yevgenyevich

Vilnius

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Article 20.2 Â§ 5 of CAO

fine of RUB 10,000

Moscow City Court

22/10/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to the police office, detention on 27/07/2019 in excess of three hours, for the sole purpose of drawing up a record of administrative offence

4,000

19608/20

16/03/2020

Andrey Gennadyevich AGAPOV

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

10/10/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention between 27/07/2019 and 29/07/2019 as administrative suspect: no evidence/assessment of any "exceptional circumstances" under the CAO;

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

4,000

19905/20

23/03/2020

Ilya Georgiyevich SHAFRANOV

1966Pomazuyev 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

18/10/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention on 27/07/2019 in excess of three hours for the sole purpose of drawing a record of administrative offence;

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

4.000

34493/20

26/06/2020

Andrey Konstantinovich KURNITSKIY

1987Mezak 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

26/09/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to a police station, detention between 27/07/2019 and 29/07/2019 for the purpose of drawing up a record of administrative offence: no evidence/assessment of any "exceptional circumstances" under the CAO;

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

4,000

34841/20

29/03/2020

Dmitriy Aleksandrovich AMELIN

1973Mezak 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

10/10/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention between 27/07/2019 and 29/07/2019 for the sole purpose of drawing up an administrative offence record (complied on 29/07/2019 only)

4,000

35179/20

11/08/2020

Dmitriy Igorevich TIMOFEYEV

1995Memorial Human Rights Centre

Moscow

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Article 20.2 Â§ 5 of CAO

fine of RUB 10,000

Moscow City Court

12/11/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention on 27/07/2019 for the sole purpose of drawing a record of administrative offence;

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

4,000

35211/20

11/08/2020

Mikhail Sergeyevich AVERIN

1999Lawyers of former Memorial Human Rights Centre

Moscow

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

16/12/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 27/07/2019 for the sole 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 administrative-offence proceedings

4,000

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

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CASE OF BESTUZHEV AND OTHERS v. RUSSIA

CASE OF BESTUZHEV AND OTHERS v. RUSSIA

LEXI