Lexploria

SECOND SECTION

CASE OF SHARASHKIN AND OTHERS v. RUSSIA

(Applications nos. 57223/19 and 21 others â€“

see appended list)

JUDGMENT

STRASBOURG

11 May 2023

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

In the case of Sharashkin and Others v. Russia,

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

Lorraine Schembri Orland , President , FrÃ©dÃ©ric Krenc, Davor DerenÄinoviÄ‡ , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 13 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 and 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 organisers and 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. Some applicants also invoked Article 10; however, those complaints fall to be examined under 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 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 various 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. Lastly, in applications nos. 57223/19, 6752/20, 10914/20 and 24997/20, the applicants also raised other complaints under various Convention provisions.

15. The Court has examined these complaints and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto. It follows that this part of the applications must be rejected in accordance with Article 35 Â§ 4 of the Convention.

16. 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€

17. Regard being had to the documents in its possession and to its case â€‘ law (see Navalnyy and Others v. Russia [Committee], nos. 25809/17 and 14 others, 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 11 May 2023, pursuant to Rule 77 Â§Â§ 2 and 3 of the Rules of Court.

Viktoriya Maradudina Lorraine Schembri Orland 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 â€‘ established case-law

Amount awarded for pecuniary and non â€‘ pecuniary damage, and costs and expenses per applicant (in euros) [1]

57223/19

23/10/2019

Yevgeniy Vladimirovich SHARASHKIN

1993Zboroshenko Nikolay Sergeyevich

Mytishchi

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Article 20.2 Â§ 6.1 of CAO

7 days of administrative arrest

Moscow City Court

01/08/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to a police station, detention there between 27/07/2019 and 29/07/2019 for the purposes of â€œputting end to an offenceâ€ and â€œdrawing up a record of administrative offenceâ€ (such record complied on 28/07/2019): no evidence/assessment of any â€œexceptional circumstanceâ€" under the CAO,

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

5,000

58888/19

29/10/2019

Anara Bolatovna SIYEZBAYEVA

1999Pomazuyev 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

20/08/2019

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

3,500

63212/19

29/11/2019

Nikita Igorevich SERGIEVSKIY

1986Pomazuyev 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

30/08/2019

Art. 5 (1) - unlawful deprivation of liberty

- arrest and escorting to a police office, detention on 27/07/2019 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 administrative â€‘ offence proceedings

4,000

63856/19

03/12/2019

Maksim Fandasovich KAMALEYEV

1995Pomazuyev 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

30/08/2019

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,

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

4,000

64234/19

02/12/2019

Igor Tagirovich AFLATUNOV

1975Pomazuyev 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

04/09/2019

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

4,000

65069/19

18/12/2019

Maksim Grigoryevich ZAVARZIN

1975Lawyers 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 10,000

Moscow City Court

22/08/2019

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 administrative offence,

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

4,000

6752/20

23/01/2020

Georgiy Aleksandrovich BURKHANOV

2000Lawyers of former Memorial Human Rights Centre

Moscow

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Manifestation in support of A. Navalnyy

Moscow

02/02/2021

Article 20.2 Â§ 6.1 of CAO

Article 20.2 Â§ 5 of CAO

fine of RUB 10,000

Moscow City Court

30/08/2019

Moscow City Court

20/04/2021

Art. 5 (1) - unlawful deprivation of liberty - (i) arrest, escorting to a police station, detention between 27/07/2019 and at least 28/07/2019 (as confirmed by documents and as raised on appeal) as administrative suspect: no evidence/assessment of any "exceptional circumstances" under the CAO; and

(ii) arrest, escorting to a police station, detention on 02/02/2021 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 â€‘ offence proceedings

4,000

7758/20

23/01/2020

Miroslav Aleksandrovich BORISOV

1997Pomazuyev 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

16/08/2019

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 administrative offence,

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

4,000

8338/20

03/02/2020

Konstantin Dmitriyevich SECHENIN

1993Lawyers of former Memorial Human Rights Centre

Moscow

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

04/10/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to a police station, detention between 27/07/2019 and 29/07/2019 as administrative suspect (after the record of administrative offence had been compiled 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 â€‘ offence proceedings

4,000

8543/20

28/01/2020

Aleksandr Yuryevich SOLOVYEV

1987Borisova Alena Sergeyevna

Moscow

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Manifestation against political repressions

Moscow

31/08/2019

Article 20.2 Â§ 2 of CAO

Article 20.2 Â§ 8 of CAO

8-day administrative detention

20-day administrative detention

Moscow City Court

01/08/2019

Moscow City Court

11/09/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to a police station, detention

(i) between 27/07/2019 and 29/07/2019 for drawing up a record of administrative offence (such record compiled already on 27/07/2019); and (ii) between 6.20 p.m. on 03/09/2019 and 4 p.m. on 04/09/2019 for drawing up an administrative offence record and "prevention of an administrative offence" (administrative-offence record in respect of the public event of 31/08/2019 compiled on 03/09/2019): 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 â€‘ offence proceedings

6,000

8650/20

03/02/2020

Vladimir Valeryevich KRAVCHENKO

1986Peredruk Aleksandr Dmitriyevich

St Petersburg

Manifestation in support of I. Golunov

Moscow

12/06/2019

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Article 20.2 Â§ 6.1 of CAO

fine of RUB 10,000

fine of RUB 12,000

Moscow City Court

16/10/2019

Moscow City Court

04/09/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention (i) on 12/06/2019, in excess of three hours, for the sole purpose of drawing up a record of administrative offence; and (ii) between 27/07/2019 and 29/07/2019, for the same purpose (the administrative offence record was compiled already on 27/07/2019),

Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in both sets of administrative offence proceedings (final judgments issued on 04/09/2019 and 16/10/2019 respectively)

4,000

9267/20

03/02/2020

Matvey Aleksandrovich ZASLAVSKIY

1980Lawyers 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 10,000

Moscow City Court

04/09/2019

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 â€‘ offence proceedings

4,000

10914/20

15/02/2020

Aleksey Olegovich GOLOVENKO

1987Markin Konstantin Aleksandrovich

Velikiy Novgorod

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Manifestation in support of A. Navalnyy

Moscow

02/02/2021

Article 20.2 Â§ 6.1 of CAO

fine of RUB 15,000

fine of RUB 10,000

Moscow City Court

16/08/2019

Moscow City Court

21/09/2021

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

and (ii) between 02/02/2021and 03/02/2021 for the sole purpose of drawing up a record of administrative offence â€“ no evidence/assessment of any â€œexceptional circumstancesâ€ under the CAO,

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative â€‘ offence proceedings - both sets of administrative-offence proceedings (final judgment issued on 16/08/2019 and 21/09/2021)

4,000

12890/20

27/02/2020

and

28755/20

18/03/2020

Boris Antonovich POSPELOV

1999Sirotina Anastasiya Nikolayevna

Moscow

Manifestation for fair elections to Mosgorduma

Moscow

03/08/2019

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Article 20.2 Â§ 6.1 of CAO

Article 20.2 Â§ 5 of CAO

fine of RUB 20,000

fine of RUB 10,000

Moscow City Court

04/09/2019

Moscow City Court

20/09/2019

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings (first set of the proceedings, final judgment of 04/09/2019)

3,500

13793/20

02/03/2020

Aleksandr Aleksandrovich TEKIN

1993Pomazuyev Aleksandr Yevgenyevich

Vilnius

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Article 20.2 Â§ 5 of CAO

fine of RUB 18,000

Moscow City Court

12/09/2019

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 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

14071/20

17/07/2017

Yevgeniy Yevgenyevich TAMKOVICH

1990Pomazuyev Aleksandr Yevgenyevich

Vilnius

Anticorruption manifestation

Moscow

26/03/2017

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Manifestation for fair elections to Mosgorduma

Moscow

03/08/2019

Article 20.2 Â§ 5 of CAO

fine of RUB 20,000

fine of RUB 10,000

fine of RUB 15,000

Moscow City Court

25/05/2017

Moscow City Court

24/09/2019

Moscow City Court

26/09/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention (i) on 26/03/2017, (ii) on 27/07/2019, in excess of three hours, and (iii) on 03/08/2019 - in all of the three episodes, 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 â€‘ offence proceedings

4,000

14344/20

05/03/2020

Ilya Yuryevich SAGITOV

1999Pomazuyev 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

02/10/2019

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

4,000

14650/20

29/02/2020

and

24997/20

27/02/2020

Denis Igorevich MEGDALSKIY

1994Manifestation 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

30/08/2019

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 compiling a record of administrative offence (such record compiled 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 â€‘ offence proceedings

4,000

14740/20

11/03/2020

Kirill Nikolayevich KHAZOV

1998Pomazuyev 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

04/10/2019

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

4,000

14797/20

11/03/2020

Danil Aleksandrovich SHUSHARIN

2000Pomazuyev Aleksandr Yevgenyevich

Vilnius

Manifestation for fair elections to Mosgorduma

Moscow

27/07/2019

Article 20.2 Â§ 5 of CAO

fine of RUB 12,000

Moscow City Court

02/10/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to a police office, detention on 27/07/2019, in excess of three hours, for the sole purpose of drawing up a record of administrative offence (such record only compiled on 31/07/2019),

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

4,000

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

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CASE OF SHARASHKIN AND OTHERS v. RUSSIA

CASE OF SHARASHKIN AND OTHERS v. RUSSIA

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