Lexploria

FIFTH SECTION

CASE OF ATAMANOVA AND OTHERS v. RUSSIA

(Applications nos. 45205/22 and 24 others â€“

see appended list)

JUDGMENT

STRASBOURG

22 February 2024

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

In the case of Atamanova and Others v. Russia,

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

MarÃa ElÃ³segui , President , Mattias Guyomar, KateÅ™ina Å imÃ¡ÄkovÃ¡ , 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 (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 in the protest against the Russian military attack on Ukraine, which was held on 27 February 2022 in Moscow. 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 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 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. Some 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.

13 . Having examined all the material before it, the Court concludes that these complaints also disclose violations of the Convention in the light of its findings in Butkevich v. Russia , no. 5865/07, Â§Â§ 63-65, 13 February 2018, Tsvetkova and Others v. Russia , nos. 54381/08 and 5 others, Â§Â§ 115-31, 10 April 2018, and Korneyeva v. Russia , no. 72051/17, Â§Â§ 34-36, 8 October 2019, as to various aspects of unlawful deprivation of liberty of organisers or participants of public assemblies; and Karelin v. Russia , no. 926/08, Â§Â§ 58 â€‘ 85, 20 September 2016, concerning the absence of a prosecuting party in the proceedings under the Code of Administrative Offences.

14. Some applicants raised further additional complaints under Article 6 of the Convention concerning other aspects of fairness of the administrative â€‘ offence proceedings. In view of the findings in paragraphs 10 and 13 above, 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 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 22 February 2024, pursuant to Rule 77 Â§Â§ 2 and 3 of the Rules of Court.

Viktoriya Maradudina MarÃa ElÃ³segui 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

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]

45205/22

08/09/2022

Anastasiya Aleksandrovna ATAMANOVA

1999

article 20.2 Â§ 5 of CAO

fine of RUB 10,000

Moscow City Court

23/06/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.34 p.m. until 11.15 p.m. on 27/02/2022,

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

4,000

54946/22

18/11/2022

Aleksandr Viktorovich TELEGIN

1989

Ushakov Timofey Borisovich

Kokoshkino

article 20.2 Â§ 5 of CAO

fine of RUB 15,000

Moscow City Court

19/07/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.45 p.m. on 27/02/2022 until 1.30 a.m. on 28/02/2022,

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

4,000

54948/22

18/11/2022

Nikolay Pavlovich KONOTOPOV

1987

Ushakov Timofey Borisovich

Kokoshkino

article 20.2 Â§ 5 of CAO

fine of RUB 15,000

Moscow City Court

05/08/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.20 p.m. on 27/02/2022 until 1.05 a.m. on 28/02/2022,

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

4,000

55947/22

07/11/2022

Dmitriy Sergeyevich YEMELIN

1987

article 20.2 Â§ 5 of CAO

fine of RUB 10,000

Moscow City Court

07/07/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.15 p.m. until 11.30 p.m. on 27/02/2022,

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

4,000

56895/22

08/12/2022

Levard Igorevich ANUA

1996

Ushakov Timofey Borisovich

Kokoshkino

article 20.2 Â§ 5 of CAO

fine of RUB 10,000

Moscow City Court

17/08/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.30 p.m. on 27/02/2022 until 1.40 a.m. on 28/02/2022,

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

4,000

56896/22

08/12/2022

Anastasiya Sergeyevna ISAKOVA

1996

Ushakov Timofey Borisovich

Kokoshkino

article 20.2 Â§ 5 of CAO

fine of RUB 10,000

Moscow City Court

17/08/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.10 p.m. on 27/02/2022 until 12.05 a.m. on 28/02/2022,

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

4,000

57263/22

06/11/2022

Semen KUZMIN

1996

Baranova Natalya Andreyevna

Moscow

article 20.2 Â§ 5 of CAO

fine of RUB 11,000

Moscow City Court

07/07/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.15 p.m. on 27/02/2022 until 2.30 a.m. on 28/02/2022,

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

4,000

57336/22

19/11/2022

Olga Sergeyevna KORSHAKOVA

1979

Baranova Nataliya Andreyevna

Moscow

article 20.2 Â§ 5 of CAO

fine of RUB 10,000

Moscow City Court

19/07/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 6.30 p.m. on 27/02/2022 until 2 a.m. on 28/02/2022,

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

4,000

57720/22

08/12/2022

Nikita Gennadyevich VOROBYEV

1988

Ushakov Timofey Borisovich

Kokoshkino

article 20.2 Â§ 5 of CAO

fine of RUB 10,000

Moscow City Court

17/08/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.40 p.m. on 27/02/2022 until 2.05 a.m. on 28/02/2022,

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

4,000

57727/22

08/12/2022

Grigoriy Viktorovich PASHUKHIN

1981

Ushakov Timofey Borisovich

Kokoshkino

article 20.2 Â§ 5 of CAO

fine of RUB 15,000

Moscow City Court

15/08/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.25 p.m. on 27/02/2022 until 1.35 a.m. on 28/02/2022,

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

4,000

849/23

15/12/2022

Irina Yuryevna VASILYEVA

1963

article 20.2 Â§ 5 of CAO

fine of RUB 10,000

Moscow City Court

17/08/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 5.30 p.m. on 27/02/2022 until 3.15 a.m. on 28/02/2022,

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

4,000

1062/23

20/12/2022

Anastasiya Konstantinovna NEKLYUDOVA

1995

Simonov Maksim Vitalyevich

Voskresenskiy

article 20.2 Â§ 5 of CAO

fine of RUB 15,000

Moscow City Court

29/08/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.30 p.m. on 27/02/2022 until 2 a.m. on 28/02/2022,

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

4,000

1522/23

21/12/2022

Marina Yuryevna KONSHINA

1980

Bochilo Anna Yevgenyevna

Barnaul

article 20.2 Â§ 5 of CAO

fine of RUB 15,000

Moscow City Court

25/07/2022

(Neither the applicant, nor her lawyer were present at the hearing on 25/07/2022. The administrative case file was returned to the first-instance court (the Dorogomilovskiy District Court in Moscow) and was available in its registry on unknown date. The applicant alleges that the appeal decision was never sent to her, that she tried to obtain its copy on 29/09/2022 (she submits a copy of her request lodged online to the Moscow City Court) and that she eventually obtained the copy of the appeal decision on 10/11/2022, when it was dispatched to her by the Dorogomilovskiy District Court in Moscow).

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.25 p.m. on 27/02/2022 to 3.30 a.m. on 28/02/2022,

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

4,000

1830/23

05/12/2022

Stella Shokur NAZARI

1997

Simonov Maksim Vitalyevich

Voskresenskiy

article 20.2 Â§ 5 of CAO

fine of RUB 15,000

Moscow City Court

09/08/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.30 p.m. on 27/02/2022 until 2 a.m. on 28/02/2022,

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

4,000

1837/23

05/12/2022

Yekaterina Sergeyevna MEDVEDEVA

1990

Simonov Maksim Vitalyevich

Voskresenskiy

article 20.2 Â§ 5 of CAO

fine of RUB 15,000

Moscow City Court

09/08/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.30 p.m. on 27/02/2022 until 2 a.m. on 28/02/2022,

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

4,000

2030/23

06/12/2022

Yelizaveta Anatolyevna VOLOVATOVA

1995

article 20.2 Â§ 5 of CAO

fine of RUB 20,000

Moscow City Court

15/08/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 6.30 p.m. on 27/02/2022 until 12.10 a.m. on 28/02/2022,

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

4,000

2076/23

03/12/2022

Andrey Petrovich KONOPLEV

1981

Baranova Natalya Andreyevna

Moscow

article 20.2 Â§ 5 of CAO

fine of RUB 10,000

Moscow City Court

09/08/2022

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

3,500

2362/23

05/12/2022

Yekaterina Aleksandrovna GULYNINA

1998

article 20.2 Â§ 5 of CAO

fine of RUB 15,000

Moscow City Court

05/08/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.35 p.m. on 27/02/2022 until 1.20 a.m. on 28/02/2022,

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

4,000

3659/23

19/12/2022

Valeriya Igorevna OLEYNIKOVA

2000

article 20.2 Â§ 5 of CAO

fine of RUB 20,000

Moscow City Court

23/08/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 6.40 p.m. until 11.50 p.m. on 27/02/2022,

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

4,000

3822/23

29/12/2022

Aleksey Vitalyevich SHEVCHENKO

1989

article 20.2 Â§ 5 of CAO

fine of RUB 10,000

Moscow City Court

05/09/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 5.30 p.m. on 27/02/2022 until 12.10 a.m. on 28/02/2022,

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

4,000

3832/23

20/12/2022

Yelizaveta Dmitriyevna KARPOVA

1994

Simonov Maksim Vitalyevich

Voskresenskiy

article 20.2 Â§ 5 of CAO

fine of RUB 10,000

Moscow City Court

23/08/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.30 p.m. on 27/02/2022 to 2 a.m. on 28/02/2022,

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

4,000

4681/23

12/01/2023

Anna YATSENKO

2002

article 20.2 Â§ 5 of CAO

fine of RUB 10,000

Moscow City Court

13/09/2022

Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 5.50 p.m. on 27/02/2022 until 12.30 a.m. on 28/02/2022,

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

4,000

4915/23

12/12/2022

Roman YATSENKO

1975

article 20.2 Â§ 5 of CAO

fine of RUB 10,000

Moscow City Court

13/09/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 5.50 p.m. on 27/02/2022 until 12.30 a.m. on 28/02/2022,

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

4,000

4981/23

08/01/2023

Kirill Andreyevich BELEYEVSKIY

1999

article 20.2 Â§ 5 of CAO

fine of RUB 10,000

Moscow City Court

13/09/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.19 p.m. to 11.15 p.m. on 27/02/2022,

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

4,000

6735/23

09/01/2022

Mariya Nikolayevna ORLOVA

1992

article 20.2 Â§ 5 of CAO

fine of RUB 20,000

Moscow City Court

09/09/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.18 p.m. on 27/02/2022 until 6.38 a.m. on 28/02/2022,

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 ATAMANOVA AND OTHERS v. RUSSIA

CASE OF ATAMANOVA AND OTHERS v. RUSSIA

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