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CASE OF SAFRONOV AND OTHERS v. RUSSIA
Doc ref: 55881/17, 78686/17, 3465/18, 48446/18, 59664/18, 2485/19, 3017/19, 6683/19, 11719/19, 24504/19, 3422... • ECHR ID: 001-225034
Document date: June 8, 2023
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CASE OF SAFRONOV AND OTHERS v. RUSSIA
Doc ref: 55881/17, 78686/17, 3465/18, 48446/18, 59664/18, 2485/19, 3017/19, 6683/19, 11719/19, 24504/19, 3422... • ECHR ID: 001-225034
Document date: June 8, 2023
Cited paragraphs only
FIFTH SECTION
CASE OF SAFRONOV AND OTHERS v. RUSSIA
(Applications nos. 55881/17 and 27 others –
see appended list)
JUDGMENT
STRASBOURG
8 June 2023
This judgment is final but it may be subject to editorial revision.
In the case of Safronov and Others v. Russia,
The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:
MarÃa Elósegui , President , Mattias Guyomar, KateÅ™ina Å imáÄková , judges ,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 17 May 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 Conventionâ€) on the various dates indicated in the appended table.
2. The Russian Government (“the 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 or organisers of public assemblies. Some applicants 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, §§ 68 ‑ 73, 17 January 2023).
7. The applicants complained principally of disproportionate measures taken against them as participants or organisers of public assemblies, namely their arrest in relation to the dispersal of these assemblies and their conviction for administrative offences. 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 ‑ 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, having dismissed the Government’s objection of non-exhaustion of domestic remedies (see Smadikov v. Russia (dec.), no. 10810/15, 31 January 2017) 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 societyâ€.
11 . These complaints are therefore admissible and disclose a breach of Article 11 of the Convention.
12. Some applicants submitted other complaints which also raised issues under the Convention and its Protocols, given the relevant well-established case-law of the Court (see the 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.
13 . Having examined all the material before it, the Court concludes that these complaints also disclose violations of the Convention and its Protocols in the light of its findings in Butkevich v. Russia , no. 5865/07, §§ 63-65, 13 February 2018; Tsvetkova and Others v. Russia , nos. 54381/08 and 5 others, §§ 115-31, 10 April 2018; and Korneyeva v. Russia , no. 72051/17, §§ 34-36, 8 October 2019, as to various aspects of unlawful deprivation of liberty of organisers or participants of public assemblies; Karelin v. Russia , no. 926/08, §§ 58-85, 20 September 2016, concerning the absence of a prosecuting party in the proceedings under the Code of Administrative Offences (CAO); Martynyuk v. Russia , no. 13764/15, §§ 37-43, 8 October 2019, related to the lack of a suspensive effect on an appeal against the sentence of detention under the CAO; Korneyeva , cited above, §§ 47-65, related to the right not be tried or punished twice in the criminal proceedings; and Lashmankin and Others v. Russia , nos. 57818/09 and 14 others, §§ 402 ‑ 78, 7 February 2017, regarding restrictions on location or time of public events.
14. In view of the findings in paragraphs 11 and 13 above, there is no need to examine the other aspects of the complaints raised by some applicants under Articles 5 and 6 of the Convention or under other provisions of the Convention.
15. Regard being had to the documents in its possession and to its case ‑ law (see in particular Navalnyy and Others v. Russia [Committee], nos. 25809/17 and 14 others, § 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 8 June 2023, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina MarÃa Elósegui
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
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]
55881/17
13/07/2017
Aleksandr Nikolayevich SAFRONOV
1987Anticorruption event
Yeisk,
12/06/2017
Article 20.2 § 2 of CAO
10 days of detention
Krasnodar Regional Court
20/06/2017
5,000
78686/17
25/10/2017
Ivan Konstantinovich VASHCHENKO
1987Peredruk Aleksandr Dmitriyevich
St Petersburg
Anticorruption rally
St Petersburg,
12/06/2017
Article 19.3 § 1 of CAO
Article 20.2 § 5 of CAO
2 days of detention
fine of RUB 10,000
St Petersburg City Court
06/07/2017
Art. 5 (1) - unlawful detention - on 12-14/06/2017 escorting to and detention in a police station for and after compiling offence reports,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of administrative-offence proceedings,
Prot. 7 Art. 4 - right not to be tried or punished twice in criminal proceedings - Final decision in both sets of the proceedings - 06/07/2017, St Petersburg City Court; Art. 19.3 § 1 CAO and Art. 20.2 § 5 CAO; overlap of the facts constituting the basis for the applicant’s prosecution and punishment in the second set of the proceedings with substantially the same facts underlying his conviction in the first set of proceedings
5,000,
for pecuniary and non-pecuniary damage,
to the applicant
850,
for legal costs, to be paid
to his lawyer, Mr A. Peredruk
3465/18
03/01/2018
Yevgeniy Mikhaylovich MASHININ
1997Terekhov Konstantin Ilyich
Moscow
Anticorruption rally
Moscow,
26/03/2017
Rally to support A. Navalnyy
Moscow,
31/01/2021
Article 20.2 § 5 of CAO
Article 20.2 § 6.1 of CAO
fine of RUB 15,000
7 days of detention
Moscow City Court
04/07/2017
Moscow City Court
27/05/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in the case under Article 20.2 § 6.1 of CAO,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal: lack of a suspensive effect of an appeal against sentence of detention - the applicant started serving the sentence of administrative detention immediately after the conviction by the first-instance court; the lodging of appeal or appeal proceedings do not offer suspensive effect
5,000
48446/18
04/10/2018
Ivan Mikhaylovich DIVILKOVSKIY
1990Balog Natalya Andreyevna
Krasnoyarsk
Anticorruption rally
Moscow,
12/06/2017
Rally to support I. Golunov
Moscow,
12/06/2019
Article 20.2 § 5 of CAO
Article 20.2 § 6.1 of CAO
fine of RUB 20,000
fine of RUB 10,000
Moscow City Court
04/04/2018
Moscow City Court
10/02/2020
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of administrative-offence proceedings
3,500
59664/18
06/12/2018
Mikhail Sergeyevich IVANOV
1996Glukhov Aleksey Vladimirovich
Novocheboksarsk
Opposition rally
Cheboksary,
05/05/2018
Rally to support A. Navalnyy
Cheboksary,
23/01/2021
Article 20.2 § 5 of CAO
Article 20.2 § 5 of CAO
20 hours of community work
fine of RUB 10,000
Supreme Court of Chuvashia Republic
07/06/2018
Supreme Court of Chuvashia Republic
22/03/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of administrative-offence proceedings,
Art. 5 (1) - unlawful detention - on 23/01/2021 escorting to a police station for compiling an offence report
4,000
2485/19
02/01/2019
Sergey Nikolayevich KUPRIYANOV
1994Zhdanov Ivan Yuryevich
Vilnius
Distribution of leaflets to support A. Navalny
Smolensk,
15/03/2018
Article 20.2 § 2 of CAO
20 hours of community work
Smolensk Regional Court
11/07/2018
3,500
3017/19
29/12/2018
Yevgeniy Alekseyevich MAKAROV
1955Zboroshenko Nikolay Sergeyevich
Mytishchi
Political rally
Moscow,
12/03/2018
Article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
04/09/2018
3,500
6683/19
21/01/2019
Maksim Anatolyevich RUDYK
1982Zhdanov Ivan Yuryevich
Vilnius
Opposition rally
Moscow,
05/05/2018
Article 19.3 § 1 of CAO
Article 20.2 § 5 of CAO
fine of RUB 1,000
fine of RUB 15,000
Moscow City Court
30/07/2018
Moscow City Court
06/08/2018
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in the case under Article 20.2 § 5 of CAO,
Art. 11 (1) - restrictions on location, time or manner of conduct of public events - refusal to approve a rally planned for 18/04/2018 (final decision on 25/03/2019, Supreme Court of Russia)
3,500
11719/19
19/02/2019
Darina Sergeyevna FOMOVA
1994Yatsenko Irina Aleksandrovna
Moscow
Rally for animal protection
Moscow,
07/02/2018
Article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
20/08/2018
Art. 5 (1) - unlawful detention - on 07-08/02/2018 escorting to and detention in a police station for and after compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
24504/19
29/04/2019
Dmitriy Ivanovich DOROKHIN
1963Peredruk Aleksandr Dmitriyevich
St Petersburg
Rally against abusive criminal prosecution
St Petersburg,
28/10/2018
"Mothers’ rage march" rally
St Petersburg,
10/02/2019
Article 20.2.2 § 1 CAO
Article 20.2 § 5 of CAO
fine of RUB 10,000
fine of RUB 10,000
St Petersburg City Court
20/12/2018
St Petersburg City Court
17/10/2019
Art. 5 (1) - unlawful detention –
(i) on 28-29/10/2018 escorting to and detention in a police station for and after compiling an offence report; (ii) on 10/02/2019 escorting to a police station for compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of administrative-offence proceedings
4,000
34223/19
14/06/2019
Valentin Pavlovich PANFEROV
1999Yatsenko Irina Aleksandrovna
Moscow
Rally against abusive criminal prosecution
Moscow,
28/10/2018
Article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
14/12/2018
Art. 5 (1) - unlawful detention - on 28/10/2018 escorting to a police station for compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
34270/19
14/06/2019
Aleksandr Aleksandrovich PELEVIN
2000Yatsenko Irina Aleksandrovna
Moscow
Rally against abusive criminal prosecution
Moscow,
28/10/2018
Article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
14/12/2018
Art. 5 (1) - unlawful detention - on 28/10/2018 escorting to a police station for compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
34399/19
14/06/2019
Rukhulla Khafizullayevich BORODIY
1997Glukhov Aleksey Vladimirovich
Novocheboksarsk
Rally against abusive criminal prosecution
Moscow,
28/10/2018
Rally fair elections to Mosgorduma
Moscow,
27/07/2019
Article 20.2 § 5 of CAO
Article 20.2 § 6.1 of CAO
fine of RUB 10,000
5 days of detention
Moscow City Court
14/12/2018
Moscow City Court
06/08/2019
Art. 5 (1) - unlawful detention –
(i) on 28/10/2018 escorting to a police station for compiling an offence report; (ii) on 27-29/07/2019 escorting to and detention in a police station for and after compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of administrative-offence proceedings,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal: lack of a suspensive effect of an appeal against sentence of detention - the applicant started serving the sentence of administrative detention immediately after the conviction by the first-instance court; the lodging of appeal or appeal proceedings do not offer suspensive effect
5,000
34848/19
17/06/2019
Sergey Sergeyevich GRECHISHKIN
1988Chernyavskaya Andzhelika Viktorovna
Oktyabrskiy
Rally against the pension reform
Novosibirsk,
09/11/2018
Article 20.2 § 5 of CAO
fine of RUB 5,000
Novosibirsk Regional Court
18/12/2018
3,500
44148/19
12/08/2019
Georgiy Alekseyevich KOVALEV
1997Yatsenko Irina Aleksandrovna
Moscow
Rally against abusive criminal prosecution
Moscow,
28/10/2018
Article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
14/02/2019
Art. 5 (1) - unlawful detention - on 28/10/2018 escorting to a police station for compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
58548/19
29/10/2019
Ilya Valeryevich SIYALOV
1984Peredruk Aleksandr Dmitriyevich
St Petersburg
Rally for fair elections
St Petersburg,
01/05/2019
Article 20.2 § 5 of CAO
20 hours of community work
St Petersburg City Court
23/07/2019
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
3,500
59935/19
01/11/2019
Alina Sergeyevna MISHEVA
1999Peredruk Aleksandr Dmitriyevich
St Petersburg
Rally for fair elections
St Petersburg,
01/05/2019
Article 20.2 § 5 of CAO
20 hours of community work
St Petersburg City Court
18/06/2019
Art. 5 (1) - unlawful detention - on 01/05/2019 escorting to a police station for compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
63606/19
29/11/2019
Aleksey Vladimirovich YURCHUK
1981Pomazuyev Aleksandr Yevgenyevich
Vilnius
Rally for fair elections to Mosgorduma
Moscow,
27/07/2019
Article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
30/08/2019
Art. 5 (1) - unlawful detention - on 27/07/2019 escorting to and detention in a police station for compiling an offence report (which was then 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-offence proceedings
4,000
2490/20
29/11/2019
Dmitriy Aleksandrovich SHUKOLYUKOV
1979Peredruk Aleksandr Dmitriyevich
St Petersburg
Rally for fair elections
St Petersburg,
01/05/2019
Article 20.2 § 5 of CAO
fine of RUB 10,000
St Petersburg City Court
01/10/2019
Art. 5 (1) - unlawful detention - on 01/05/2019 escorting to a police station for compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
2613/20
17/12/2019
Vyacheslav Sergeyevich YEPIFANOV
1977Peredruk Aleksandr Dmitriyevich
St Petersburg
Rally for fair elections
St Petersburg,
01/05/2019
Article 20.2 § 5 of CAO
fine of RUB 10,000
St Petersburg City Court
01/10/2019
Art. 5 (1) - unlawful detention - on 01/05/2019 escorting to a police station for compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
3411/20
09/12/2019
Yuliya Vladimirovna TKACHENKO
1963Kachanov Roman Yevgenyevich
Yekaterinburg
Rally against a church construction
Yekaterinburg,
16/06/2019
Article 20.2 § 5 of CAO
fine of RUB 10,000
Sverdlovsk Regional Court
06/08/2019
3,500
4371/20
03/12/2019
Aleksandr Sergeyevich ALEKSANDROV
1978Peredruk Aleksandr Dmitriyevich
St Petersburg
Rally for fair elections
St Petersburg,
01/05/2019
Article 20.2 § 5 of CAO
fine of RUB 10,000
St Petersburg City Court
09/07/2019
Art. 5 (1) - unlawful detention - on 01/05/2019 escorting to a police station for compiling an offence report
4,000
5160/20
16/12/2019
Oleg Anatolyevich PERETRUKHIN
1971Peredruk Aleksandr Dmitriyevich
St Petersburg
Rally for fair elections
St Petersburg,
01/05/2019
Article 20.2 § 5 of CAO
20 hours of community work
St Petersburg City Court
24/09/2019
Art. 5 (1) - unlawful detention - on 01/05/2019 escorting to a police station for compiling an offence report ,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
6559/20
23/01/2020
Ilya Denisovich SMIRNOV
1999Zakhvatov Dmitriy Igorevich
Moscow
Rally against the isolation of the Russian segment of the Internet
Moscow,
10/03/2019
Article 20.2 § 5 of CAO
fine RUB 10,000
Moscow City Court
24/07/2019
Art. 5 (1) - unlawful detention - on 10/03/2019 escorting to a police station for compiling an offence report
4,000
17334/20
26/02/2020
Viktor Viktorovich PRIYMACHENKO
1988Rally to support I. Golunov
Moscow,
12/06/2019
Article 20.2 § 6.1 of CAO
fine of RUB 10,000
Moscow City Court
28/08/2019
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
3,500
19333/20
23/03/2020
Vadim Sergeyevich LITVINENKO
2001Pomazuyev Aleksandr Yevgenyevich
Vilnius
Rally for fair elections to Mosgorduma
Moscow,
27/07/2019
Rally to support A. Navalnyy
Moscow,
23/01/2021
Article 20.2 § 6.1 of CAO
Article 20.2 § 6.1 of CAO
fine of RUB 10,000
13 days of detention
Moscow City Court
22/10/2019
Moscow City Court
30/01/2021
Art. 5 (1) - unlawful detention –
(i) on 27-28/07/2019 escorting to a police station for compiling an offence report;
(ii) on 23-25/01/2021 detention in a police station after compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of administrative-offence proceedings,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal: lack of a suspensive effect of an appeal against sentence of detention - the applicant started serving the sentence of administrative detention immediately after the conviction by the first-instance court; the lodging of appeal or appeal proceedings do not offer suspensive effect
5,000
26827/20
23/04/2020
Natalya Yuryevna BARINOVA
1981Peredruk Aleksandr Dmitriyevich
St Petersburg
Rally for fair elections
St Petersburg,
01/05/2019
Article 20.2 § 5 of CAO
fine of RUB 11,000
St Petersburg City Court
29/10/2019
Art. 5 (1) - unlawful detention - on 01/05/2019 escorting to a police station for compiling an offence report,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
27889/20
13/06/2020
Sergey Vladimirovich KACHALIN
1987Mezak Ernest Aleksandrovich
Saint-Barthélemy d’Anjou
Rally for fair elections to Mosgorduma
Moscow,
27/07/2019
Article 20.2 § 6.1 of CAO
fine of RUB 10,000
Moscow City Court
18/10/2019
Art. 5 (1) - unlawful detention - on 27-29/07/2019 escorting to and detention in a police station for and after compiling an offence report,
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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