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CASE OF GORODNICHEVA AND OTHERS v. RUSSIA
Doc ref: 43566/21, 43583/21, 43584/21, 43587/21, 43634/21, 43650/21, 59557/21, 59612/21, 59615/21, 59655/21, ... • ECHR ID: 001-230304
Document date: January 18, 2024
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- Outbound citations: 9
CASE OF GORODNICHEVA AND OTHERS v. RUSSIA
Doc ref: 43566/21, 43583/21, 43584/21, 43587/21, 43634/21, 43650/21, 59557/21, 59612/21, 59615/21, 59655/21, ... • ECHR ID: 001-230304
Document date: January 18, 2024
Cited paragraphs only
FIRST SECTION
CASE OF GORODNICHEVA AND OTHERS v. RUSSIA
(Applications nos. 43566/21 and 27 others –
see appended list)
JUDGMENT
STRASBOURG
18 January 2024
This judgment is final but it may be subject to editorial revision.
In the case of Gorodnicheva and Others v. Russia,
The European Court of Human Rights (First Section), sitting as a Committee composed of:
Péter Paczolay , President , Gilberto Felici, Raffaele Sabato , judges ,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 14 December 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 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).
7. The applicants complained principally of disproportionate measures taken against them as organisers or 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.
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 . 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 § 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 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).
13. 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 paragraph 12 above, the Court considers that there is no need to deal separately with these remaining complaints.
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 18 January 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Péter Paczolay
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]
43566/21
11/08/2021
Elvira Ildusovna GORODNICHEVA
1988
Nurgaleyev Danil Ilnurovich
Kazan
Rally “Free Navalnyyâ€
Kazan
23/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Supreme Court of the Republic of Tatarstan
31/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 for compiling an offence report.
4,000
43583/21
11/08/2021
Ramil Valeryevich URAZMANOV
1993
Nurgaleyev Danil Ilnurovich
Kazan
Rally “Free Navalnyyâ€
Kazan
23/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Supreme Court of the Republic of Tatarstan
10/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 for compiling an offence report.
4,000
43584/21
11/08/2021
Lenar Maskhutovich KHANGARAYEV
1985
Nurgaleyev Danil Ilnurovich
Kazan
Rally “Free Navalnyyâ€
Kazan
23/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Supreme Court of the Republic of Tatarstan
14/04/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 for compiling an offence report.
4,000
43587/21
11/08/2021
Yevgeniy Vasilyevich CHERNYSHEV
1992
Nurgaleyev Danil Ilnurovich
Kazan
Rally “Free Navalnyyâ€
Kazan
23/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Supreme Court of the Republic of Tatarstan
03/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 for compiling an offence report.
4,000
43634/21
11/08/2021
Yelena Sirinovna ZAKIYEVA
1991
Nurgaleyev Danil Ilnurovich
Kazan
Rally “Free Navalnyyâ€
Kazan
23/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Supreme Court of the Republic of Tatarstan
03/03/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 for compiling an offence report.
4,000
43650/21
12/08/2021
Dmitriy Vyacheslavovich ABRAMOV
1984
Glukhov Aleksey Vladimirovich
Novocheboksarsk
Rally “Free Navalnyyâ€
Cheboksary
23/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Supreme Court of the Chuvashia Republic
18/05/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
3,500
59557/21
19/11/2021
Aleksey Yevgenyevich KOZYRENKO
2001
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
fine of
RUB 10,000
Moscow City Court
19/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1.50 p.m. on 31/01/2021 until 5.40 p.m. on 01/02/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
4,000
59612/21
19/11/2021
Grigoriy Mikhaylovich DRACH
1996
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Moscow
31/01/2021
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 for compiling an offence report from 3.30 p.m. until 11.45 p.m. on 31/01/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
4,000
59615/21
19/11/2021
Yegor Nikolayevich MITEREV
1987
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of
RUB 18,000
Moscow City Court
19/05/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report 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
59655/21
17/11/2021
Nikolay Leonidovich KHARISOV
1983
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Moscow
23/01/2021
article 20.2 § 6.1 of CAO
fine of
RUB 12,000
Moscow City Court
17/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 5.00 p.m. on 23/01/2021 until 3.00 p.m. on 25/01/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
4,000
59664/21
17/11/2021
Diana Pavlovna AKHMADEYEVA
1986
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
17/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.30 p.m. until 9.00 p.m. on 31/01/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
4,000
59671/21
17/11/2021
Denis Nikolayevich VOLEGOV
1990
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Kaliningrad
23/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Kaliningrad Regional Court
18/05/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
3,500
59673/21
01/12/2021
Ilya Vladimirovich LEYKIN
1984
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of
RUB 15,000
Moscow City Court
29/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.18 a.m. on 02/02/2021 until 1.00 a.m. on 03/02/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
4,000
59676/21
01/12/2021
Sabina Faikovna KATASONOVA
1997
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of
RUB 15,000
Moscow City Court
03/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.00 p.m. on 02/02/2021 until
9.20 a.m. on 03/02/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
4,000
59683/21
13/11/2021
Sergey Yuryevich KHAVROVSKIY
1984
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
detention for 5 days
Moscow City Court
13/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1.00 p.m. on 31/01/2021 until 4.00 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.
5,000
59765/21
01/12/2021
Dmitriy Vladimirovich ORLIK
1977
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
17/06/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 31/01/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
4,000
59773/21
01/12/2021
Konstantin Nikolayevich LUNEV
1993
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Moscow
31/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
07/06/2021
Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 31/01/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
4,000
59796/21
01/12/2021
Yuliya Andreyevna GRACHEVA
1980
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of
RUB 20,000
Moscow City Court
03/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.15 a.m. until 6.00 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
59852/21
29/11/2021
Yuliya Sergeyevna MASHUKOVA
1996
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Moscow
23/01/2021
article 20.2 § 5 of CAO
fine of
RUB 20,000
Moscow City Court
01/06/2021
Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 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
59871/21
29/11/2021
Aleksandr Nikolayevich NEMUROV
1970
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
fine of
RUB 10,000
Moscow City Court
17/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.50 a.m. on 31/01/2021 until
5.00 p.m. on 01/02/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
4,000
59889/21
24/11/2021
Alisa Aleksandrovna ZELKOVA
2002
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
25/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 11.48 p.m. on 02/02/2021 until
5.23 a.m. on 03/02/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
4,000
59905/21
24/11/2021
Dmitriy Aleksandrovich SHOSHNEV
1976
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Moscow
02/02/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Moscow City Court
11/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.47 p.m. until 8.37 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
59921/21
24/11/2021
Darya Vyacheslavovna VERNIDUB
1999
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Krasnoyarsk
31/01/2021
article 20.2 § 5 of CAO
fine of
RUB 10,000
Krasnoyarsk Regional Court
27/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1.24 p.m. until 7.00 p.m. on 31/01/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
4,000
59925/21
24/11/2021
Marina Markovna KARAULINA
1958
Memorial Human Rights Centre
Moscow
Rally "Medical care to Navalnyy"
St Petersburg
21/04/2021
article 20.2 § 6.1 of CAO
fine of
RUB 10,000
St Petersburg City Court
13/07/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 7.30 p.m. on 21/04/2021 until
3.30 a.m. on 24/04/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
4,000
60067/21
01/12/2021
Nikita Pavlovich FANIN
1997
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Moscow
31/01/2021
article 20.2 § 6.1 of CAO
fine of
RUB 10,000
Moscow City Court
13/08/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.29 p.m. on 31/01/2021 until
1.30 a.m. on 01/02/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
4,000
60081/21
24/11/2021
Roman Aleksandrovich SONICHEV
2001
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Kaluga
31/01/2021
article 20.2.2 § 1 of CAO
fine of
RUB 14,000
Kaluga Regional Court
25/05/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.25 p.m. until 11.45 p.m. on 31/01/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
4,000
60085/21
24/11/2021
Danil Yevgenyevich AKATOV
2001
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Moscow
23/01/2021
article 20.2 § 6.1 of CAO
fine of
RUB 10,000
Moscow City Court
07/06/2021
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.30 p.m. on 23/01/2021 until 9.50 p.m. on 25/01/2021;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
4,000
60211/21
24/11/2021
Svyatoslav Vladimirovich YERMILIN
1997
Memorial Human Rights Centre
Moscow
Rally “Free Navalnyyâ€
Yekaterinburg
23/01/2021
article 20.2 § 5 of CAO
20 hours of community work
Sverdlovsk Regional Court
03/06/2021
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
3,500
[1] Plus any tax that may be chargeable to the applicants.
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