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CASE OF SARIMOVA AND OTHERS v. RUSSIA
Doc ref: 9429/23, 17782/23, 27128/23, 27149/23, 27193/23, 27418/23, 27425/23, 27454/23, 27471/23, 27746/23, 2... • ECHR ID: 001-231117
Document date: February 22, 2024
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- Outbound citations: 9
CASE OF SARIMOVA AND OTHERS v. RUSSIA
Doc ref: 9429/23, 17782/23, 27128/23, 27149/23, 27193/23, 27418/23, 27425/23, 27454/23, 27471/23, 27746/23, 2... • ECHR ID: 001-231117
Document date: February 22, 2024
Cited paragraphs only
FIFTH SECTION
CASE OF SARIMOVA AND OTHERS v. RUSSIA
(Applications nos. 9429/23 and 16 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 Sarimova 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. 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, §§ 68 ‑ 73, 17 January 2023, and Pivkina and Others v. Russia (dec.), nos. 2134/23 and 6 others, § 46, 6 June 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, 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 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.
14. 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]
9429/23
31/01/2023
Lyudmila Petrovna SARIMOVA
1955
Anti-war protest
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
25/10/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report
4,000
17782/23
18/04/2023
Amina Radinovna FATALIYEVA
1998
Anti-war protest
Moscow
24/02/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
19/12/2022
Art. 5 (1) - unlawful detention - escorting to the police station on 24/02/2022 for compiling an offence report
4,000
27128/23
28/06/2023
Polina Aleksandrovna YEFREMOVA
1991
Anti-war protest
Moscow
26/02/2022
article 20.2 § 5 of CAO
fine of RUB 12,000
Moscow City Court
01/03/2023
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 26/02/2022 until 27/02/2022
4,000
27149/23
16/06/2023
Yevgeniy Aleksandrovich VERSHININ
1995
Anti-war
Moscow
25/02/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
16/02/2023
Art. 5 (1) - unlawful detention - escorting to the police station on 25/02/2022 for compiling an offence report
4,000
27193/23
17/06/2023
Leonid Igorevich LEONOV
1967
Anti-war protest
Moscow
27/02/2022
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
17/02/2023
Art. 5 (1) - unlawful detention - escorting to the police station on 27/02/2022 for compiling an offence report
4,000
27418/23
27/06/2023
Yana Mikhaylovna RYZHOVA
1993
Anti-war protest
Moscow
26/02/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
27/02/2023
Art. 5 (1) - unlawful detention - escorting to the police station on 26/02/2022 for compiling an offence report
4,000
27425/23
26/06/2023
Anastasiya Dmitriyevna RYGALOVA
1993
Anti-war protest
Moscow
27/02/2022
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
27/02/2023
Art. 5 (1) - unlawful detention - escorting to the police station on 27/02/2022 for compiling an offence report
4,000
27454/23
13/06/2023
Aleksandr Aleksandrovich LUTSENKO
2002
Darya Dmitriyevna Aksenova
Kolomna
Anti-war protest
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
11/04/2023
Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report
4,000
27471/23
21/06/2023
Yakov Shakhriyarovich DZHAFAROV
1997
Anti-war protest
Moscow
25/02/2022
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
21/02/2023
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 25/02/2022 until 26/02/2022
4,000
27746/23
20/06/2023
Yekaterina Yuryevna KOROBKOVA
1980
Anti-war protest
Moscow
27/02/2022
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
20/02/2023
Art. 5 (1) - unlawful detention - escorting to the police station on 27/02/2022 for compiling an offence report
4,000
27818/23
26/06/2023
Fedor Aleksandrovich SHAMONOV
1997
Konstantin Aleksandrovich Markin
Velikiy Novgorod
Anti-war protest
Moscow
26/02/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
03/03/2023
Art. 5 (1) - unlawful detention - escorting to the police station on 26/02/2022 for compiling an offence report
4,000
28052/23
20/06/2023
Yuliya Borisovna KRASOVA
2000
Anti-war protest
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
21/02/2023
Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report
4,000
28623/23
01/07/2023
Georgiy Vladimirovich ZHAVORONKOV
1974
Rally "Free Navalnyy"
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of RUB 10,000
Moscow City Court
17/03/2023
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report
4,000
28633/23
26/06/2023
Yana Antonovna POSPELOVA
1991
Anti-war protest
Moscow
27/02/2022
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
27/02/2023
Art. 5 (1) - unlawful detention - escorting to the police station on 27/02/2022 for compiling an offence report
4,000
28820/23
10/07/2023
Viktor Olegovich ASTAKHOV
1981
Anti-war protest
Moscow
26/02/2022
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
15/03/2023
Art. 5 (1) - unlawful detention - escorting to the police station on 26/02/2022 for compiling an offence report
4,000
29724/23
13/07/2023
Daniil Viktorovich LANTUKHOV
1981
Anti-war protest
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 20,000
Moscow City Court
13/03/2023
Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report
4,000
30208/23
18/07/2023
Boris Igorevich BANTYSH
1991
Anti-war protest
Moscow
06/03/2022
article 20.2 § 5 of CAO
fine of RUB 15,000
Moscow City Court
21/03/2023
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 06/03/2022 until 07/03/2022
4,000
[1] Plus any tax that may be chargeable to the applicants.
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