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CASE OF SOLOVYEV AND OTHERS v. RUSSIA
Doc ref: 57580/21, 57641/21, 57718/21, 58643/21, 58669/21, 58976/21, 59679/21, 8032/22, 12051/22, 12085/22, 1... • ECHR ID: 001-231113
Document date: February 22, 2024
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CASE OF SOLOVYEV AND OTHERS v. RUSSIA
Doc ref: 57580/21, 57641/21, 57718/21, 58643/21, 58669/21, 58976/21, 59679/21, 8032/22, 12051/22, 12085/22, 1... • ECHR ID: 001-231113
Document date: February 22, 2024
Cited paragraphs only
FIFTH SECTION
CASE OF SOLOVYEV AND OTHERS v. RUSSIA
(Applications nos. 57580/21 and 18 others –
see appended list)
JUDGMENT
STRASBOURG
22 February 2024
This judgment is final but it may be subject to editorial revision.
In the case of Solovyev 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 1 February 2024,
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 organisers or participants 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 organisers or participants 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, 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 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 (the CAO); and Martynyuk v. Russia , no. 13764/15, §§ 38-42, 8 October 2019, relating to the lack of suspensive effect of an appeal against the sentence of administrative detention.
14. Some applicants raised further additional complaints under Article 6 of the Convention concerning other aspects of fairness of the administrative ‑ offence proceedings. In view of the findings in the above paragraphs, the Court considers that there is no need to deal separately with these remaining complaints.
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 22 February 2024, 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 / criminal offence
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]
57580/21
10/11/2021
German Grigoryevich SOLOVYEV
1993
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
11/05/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 10.50 a.m. until 8.00 p.m. on 02/02/2021
4,000
57641/21
18/11/2021
Artem Nikolayevich KOZLOV
1979
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
19/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 10.35 a.m. until 6.45 p.m. on 02/02/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
4,000
57718/21
26/10/2021
Vladimir Georgiyevich MAKAROV
1978
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Kaliningrad
21/04/2021
article 20.2 § 8 of CAO
detention for 20 days
Kaliningrad Regional Court
29/04/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 8.40 p.m. on 21/04/2021 until 6 p.m. on 22/04/2021;
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO
5,000
58643/21
12/11/2021
Anna Pavlovna YARILINA
1977
Vasilyev Nikolay Vladimirovich
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Moscow City Court
13/05/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
3,500
58669/21
17/11/2021
Anton Nikolayevich UKHANOV
1984
Memorial Human Rights Centre
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
fine of RUB 10,000
Moscow City Court
17/05/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 02/02/2021 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 proceeding
4,000
58976/21
19/11/2021
Nadezhda Vasilyevna PETROVA
1999
Vasin Vladimir Valeryevich
Krasnoyarsk
Rally "Free Navalnyy"
Krasnoyarsk
31/01/2021
article 20.2 § 5 of CAO
Fine of RUB 10,000
Krasnoyarsk Regional Court
20/05/2021
3,500
59679/21
18/11/2021
Natalya Valeryevna KOVALEVA
1975
Antokhin Yevgeniy Vyacheslavovich
Moscow
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
fine of RUB 20,000
Moscow City Court
25/05/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 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
8032/22
20/01/2022
Georgiy Yuryevich ANIKUTIN
2001
Vasin Vladimir Valeryevich
Krasnoyarsk
Rally "Free Navalnyy"
Krasnoyarsk
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Krasnoyarsk Regional Court
22/07/2021
3,500
12051/22
10/02/2022
Aleksandra Vitalyevna SUZDALTSEVA
2000
Kachanov Roman Yevgenyevich
Yekaterinburg
Manifestation in support of Navalnyy
Yekaterinburg
21/04/2021
article 20.2 § 5 of CAO
fine of RUB 15,000
Sverdlovsk Regional Court
08/12/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
3,500
12085/22
11/02/2022
Mikhail Ivanovich AKSENOV
1983
Sivoldayev Ilya Vladimirovich
Voronezh
Rally "Free Navalnyy"
Voronezh
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Voronezh Regional Court
11/08/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 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
12300/22
24/02/2022
Ivetta Dmitriyevna VLADIMIROVA
2001
Prosvirkina Kseniya Dmitriyevna
Moscow
Rally "Free Navalnyy"
Moscow
02/02/2021
article 20.2 § 6.1 of CAO
fine of RUB 15,000
Moscow City Court
21/10/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 02/02/2021 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
14486/22
25/02/2022
Danila Yuryevich KARPOV
2002
Vasin Vladimir Valeryevich
Krasnoyarsk
Rally "Free Navalnyy"
Krasnoyarsk
23/01/2021
article 20.2 § 5 of CAO
fine of RUB 20,000
Krasnoyarsk Regional Court
26/08/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
3,500
19953/22
05/04/2022
Aleksandr Viktorovich MISHUK
1989
Shchukin Andrey Yevgenyevich
Nizhniy Tagil
Anti-war protest (against war in Ukraine)
Ekaterinburg
25/02/2022
article 20.2 § 2 of CAO
detention for 9 days
Sverdlovsk Regional Court
04/03/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings;
Art. 5 (1) - unlawful detention - escorting to the police station on 25/02/2022 for compiling an offence report
5,000
33271/22
11/06/2022
Robert Ravilyevich SALAKHUTDINOV
1975
Protasov Vladimir Yuryevich
Yoshkar - Ola
COVID-19 protest (rally against COVID-19 measures)
Volzhsk
20/11/2021
article 20.2 § 2 of CAO
fine of RUB 10,000
Mariy El Supreme Court
11/02/2022
3,500
34013/22
23/06/2022
Pavel Dmitriyevich SVEZHAYEV
1998
Solovyev Leonid Alekseyevich
Moscow
Anti-war protest (against war in Ukraine)
Moscow
06/03/2022
article 20.2 § 8 of CAO
detention for 25 days
Moscow City Court
18/03/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report
5,000
36218/22
04/07/2022
Anastasiya Nikolayevna KOSTINA
1999
Sirinova Olga Vladimirovna
St Petersburg
Anti-war protest (against war in Ukraine)
St Petersburg
02/03/2022
article 20.2 § 6.1 of CAO
fine of RUB 10,000
St Petersburg City Court
14/04/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 02/03/2022 for compiling an offence report
4,000
36242/22
01/07/2022
Dmitriy Ivanovich PROTASEVICH
Tiunov Sergey Yuryevich
Yekaterinburg
Anti-war protest (against war in Ukraine)
Yekaterinburg
26/02/2022
article 20.2 § 8 of CAO
detention for 30 days
Sverdlovsk Regional Court
02/03/2022
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
5,000
39693/22
30/07/2022
Sergey Dmitriyevich YERILIN
1992
Zaytsev Roman Olegovich
Volgograd
Anti-war protest (against the war in Ukraine)
Volgograd
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Volgograd Regional Court
30/03/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 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
44416/22
27/08/2022
Mariya Aleksandrovna TEMNIKOVA
2001
Vasin Vladimir Valeryevich
Krasnoyarsk
Anti-war protest (against the war in Ukraine)
Krasnoyarsk
10/03/2022
article 20.2 § 5 of CAO
fine of RUB 15,000
Krasnoyarsk Regional Court
27/04/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 10/03/2022 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
[1] Plus any tax that may be chargeable to the applicants.
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