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You are here: BAILII >> Databases >> European Court of Human Rights >> PROSKURINA AND OTHERS v. RUSSIA - 50811/18 (Judgment : Article 11 - Freedom of assembly and association : Third Section Committee) [2023] ECHR 320 (06 April 2023) URL: http://www.bailii.org/eu/cases/ECHR/2023/320.html Cite as: [2023] ECHR 320, CE:ECHR:2023:0406JUD005081118, ECLI:CE:ECHR:2023:0406JUD005081118 |
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THIRD SECTION
CASE OF PROSKURINA AND OTHERS v. RUSSIA
(Applications nos. 50811/18 and 19 others –
see appended list)
JUDGMENT
STRASBOURG
6 April 2023
This judgment is final but it may be subject to editorial revision.
In the case of Proskurina and Others v. Russia,
The European Court of Human Rights (Third Section), sitting as a Committee composed of:
Peeter Roosma, President,
Ioannis Ktistakis,
Andreas Zünd, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 16 March 2023,
Delivers the following judgment, which was adopted on that date:
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 Convention”) on the various dates indicated in the appended table.
2. The Russian Government (“the Government”) 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 of public assemblies. They also raised other complaints under the provisions of the Convention.
THE LAW
I. JOINDER OF THE APPLICATIONS
5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.
II. ALLEGED VIOLATION OF ARTICLE 11 OF THE CONVENTION
6. The applicants complained principally of disproportionate measures taken against them as 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.
7. The Court refers to the principles established in its case-law regarding freedom of assembly (see Kudrevičius 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).
8. 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.
9. Having examined all the material submitted to it, and having due regard to the issue of compliance with the six-month period 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 society”.
10. These complaints are therefore admissible and disclose a breach of Article 11 of the Convention.
III. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW
11. 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.
12. 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 its well-established case-law (see Butkevich v. Russia, no. 5865/07, §§ 63-65, 13 February 2018, Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 121-23, 10 April 2018, Kalyapin v. Russia, no. 6095/09, § 76, 23 July 2019, and Korneyeva v. Russia, no. 72051/17, §§ 34-36, 8 October 2019, concerning various aspects of unlawful deprivation of liberty of organisers or participants of public events; and Karelin v. Russia, no. 926/08, 20 September 2016, related to the examination of criminal cases in the absence of a prosecuting party in the judicial proceedings governed by the Federal Code of Administrative Offences (CAO)).
IV. REMAINING COMPLAINTS
13. In view of the above findings, the Court considers that there is no need to deal separately with the applicants’ complaints under Article 6 of the Convention concerning other aspects of the fairness of the administrative‑offence proceedings and alleged restrictions on the right to examine witnesses.
V. APPLICATION OF ARTICLE 41 OF THE CONVENTION
14. Article 41 of the Convention provides:
“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”
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,
1. Decides to join the applications;
2. Declares the complaints concerning the dispersal of the public assembly and the other complaints under the well-established case-law of the Court, as set out in the appended table, admissible, and finds that there is no need to deal separately with the remaining complaints of the applicants under Article 6 of the Convention;
3. Holds that these complaints disclose a breach of Article 11 of the Convention concerning the dispersal of the public assembly;
4. Holds that there has been a violation of the Convention as regards the other complaints raised under well-established case-law of the Court (see appended table);
5. Holds
(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 6 April 2023, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Peeter Roosma
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)
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] | |
|
50811/18 10/10/2018 |
Olga Petrovna PROSKURINA 1996 |
Zhdanov Ivan Yuryevich Vilnius |
Opposition manifestation
Voronezh
05/05/2018 |
Article 20.2 § 5 of CAO |
fine of RUB 10,000 |
Voronezh Regional Court 25/06/2018 |
Art. 6 (1) - lack of impartiality of tribunal - absence of the prosecuting party in the administrative-offence proceedings |
3,500 |
|
10634/20 17/02/2020 |
Grigoriy Andreyevich ALIKHANOV 1990 |
Memorial Human Rights Centre Moscow |
Manifestation in support of Ivan Golunov
Moscow
12/06/2019 |
Article 20.2 § 6.1 of CAO |
fine of RUB 10,000 |
Moscow City Court 30/08/2019 |
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - lack of legal grounds for the applicant’s arrest and detention for more than 9 hours on 12/06/2019;
Art. 6 (1) - lack of impartiality of tribunal - absence of the prosecuting party in the administrative-offence proceedings
|
4,000 |
|
10700/20 17/02/2020 |
Pavel Sergeyevich POTEMKIN 1976 |
Memorial Human Rights Centre Moscow |
Manifestation in support of Ivan Golunov
Moscow
12/06/2019 |
Article 20.2 § 6.1 of CAO |
fine of RUB 15,000 |
Moscow City Court 08/10/2019 |
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - lack of legal grounds for arrest and detention on 12/06/2019;
Art. 6 (1) - lack of impartiality of tribunal - absence of the prosecuting party in the administrative-offence proceedings |
4,000 |
|
10757/20 22/02/2020 |
Pavel Dmitriyevich LUBYANSKIY 1989 |
Memorial Human Rights Centre Moscow |
Manifestation in support of Ivan Golunov
Moscow
12/06/2019 |
Article 20.2 § 6.1 of CAO |
fine of RUB 15,000 |
Moscow City Court 26/08/2019 |
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and escorting to the police office on 12/06/2019 for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours;
Art. 6 (1) - lack of impartiality of tribunal - absence of the prosecuting party in the administrative-offence proceedings |
4,000 |
|
13757/20 29/02/2020 |
Andrey Nikolayevich BYCHKOV 1967 |
Chervonnyy Grigoriy Sergeyevich Moscow |
Manifestation in support of Ivan Golunov
Moscow
12/06/2019 |
Article 20.2 § 6.1 of CAO |
fine of RUB 20,000 |
Moscow City Court 30/08/2019 |
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest on 12/06/2019 for the purpose of drawing up a record of administrative offence and detention in excess of 3 hours;
Art. 6 (1) - lack of impartiality of tribunal - absence of the prosecuting party in the administrative-offence proceedings |
4,000 |
|
13965/20 28/02/2020 |
Aleksandr Mikhaylovich YAKOVLEV 1999 |
Memorial Human Rights Centre Moscow |
Manifestation in support of Ivan Golunov
Moscow
12/06/2019 |
Article 20.2 § 6.1 of CAO |
fine of RUB 15,000 |
Moscow City Court 30/08/2019 |
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - lack of any legal grounds for the applicant’s arrest and escorting to the police station on 12/06/2019;
Art. 6 (1) - lack of impartiality of tribunal - absence of the prosecuting party in the administrative-offence proceedings |
4,000 |
|
14194/20 02/03/2020 |
Pavel Ilyich KRASOVITSKIY 1994
Artur Vladimirovich OGANESOV 1998
|
Eysmont Mariya Olegovna Moscow |
Manifestation in support of Ivan Golunov
Moscow
12/06/2019
|
Article 20.2 § 6.1
|
fine of RUB 10,000 to each of the applicants
|
Moscow City Court 22/10/2019
|
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - Unlawful (unjustified) arrest on 12/06/2019 (both applicants) and detention in excess of 3 hours (see Frumkin, cited above, §§ 147-52);
Art. 6 (1) - lack of impartiality of tribunal - absence of the prosecuting party in the administrative-offence proceedings against both applicants |
4,000 |
|
14713/20 10/03/2020 |
Leonid Aronovich KREMENETSKIY 1957 |
Goncharova Vera Velimirovna Moscow |
Manifestation in support of Ivan Golunov
Moscow
12/06/2019 |
Article 20.2 § 6.1 of CAO |
fine of RUB 20,000 |
Moscow City Court 10/10/2019 |
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 12/06/2019 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence;
Art. 6 (1) - lack of impartiality of tribunal - absence of the prosecuting party in the administrative-offence proceedings; |
4,000 |
|
14900/20 05/03/2020 |
Aleksandr Aleksandrovich NEZNAKHIN 1975 |
|
Manifestation in support of Ivan Golunov
Moscow
12/06/2019 |
Article 20.2 § 6.1 of CAO |
fine of RUB 10,000 |
Moscow City Court 06/09/2019 |
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and escorting to the police office on 12/06/2019 for the purpose of drawing up a record of administrative offence; detention in excess of 3 hours (raised on appeal);
Art. 6 (1) - lack of impartiality of tribunal - absence of the prosecuting party in the administrative-offence proceedings |
4,000 |
|
14932/20 06/03/2020 |
Aleksandr Viktorovich SHMYROV 1986 |
Kostanova Anastasiya Yuryevna Moscow |
Manifestation in support of Ivan Golunov
Moscow
12/06/2019 |
Article 20.2 § 6.1 of CAO |
fine of RUB 10,000 |
Moscow City Court 06/09/2019 |
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - unlawful (unjustified) arrest on 12/06/2019 for the sole purpose of drawing up a record of administrative offence;
Art. 6 (1) - lack of impartiality of tribunal - absence of the prosecuting party in the administrative-offence proceedings |
4,000 |
|
15380/20 12/03/2020 |
Yevgeniy Voldemarovich BERG 1990 |
Vasilyev Nikolay Vladimirovich Moscow |
Manifestation in support of Ivan Golunov
Moscow
12/06/2019 |
Article 20.2 § 5 of CAO |
fine of RUB 10,000 |
Moscow City Court 06/10/2019 |
Art. 6 (1) - lack of impartiality of tribunal - absence of the prosecuting party in administrative-offence proceedings
|
3,500 |
|
15388/20 12/03/2020 |
Mikhail Borisovich KAZINIK 1979 |
Vasilyev Nikolay Vladimirovich Moscow |
Manifestation in support of Ivan Golunov
Moscow
12/06/2019 |
Article 20.2 § 6.1 of CAO |
fine of RUB 15,000 |
Moscow City Court 14/10/2019 |
Art. 6 (1) - lack of impartiality of tribunal - absence of the prosecuting party in administrative-offence proceedings |
3,500 |
|
18239/20 19/03/2020 |
Ivan Kirillovich PETROVSKIY 1998 |
Memorial Human Rights Centre Moscow |
Manifestation in support of Ivan Golunov
Moscow
12/06/2019 |
Article 20.2 § 6.1 of CAO |
fine of RUB 10,000 |
Moscow City Court 10/10/2019 |
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 12/06/2019 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings |
4,000 |
|
18240/20 19/03/2020 |
Anton Aleksandrovich MOCHALIN 1978 |
Memorial Human Rights Centre Moscow |
Manifestation for fair elections to Mosgorduma
Moscow
27/07/2019 |
Article 20.2 § 5 of CAO |
30 hours of compulsory labour |
Moscow City Court 16/09/2019 |
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 27/07/2019 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence;
Art. 6 (1) - lack of impartiality of tribunal - absence of the prosecuting party in administrative-offence proceedings |
4,000 |
|
18241/20 19/03/2020 |
Sergey Valeryevich KAPRANOV 1992 |
Memorial Human Rights Centre Moscow |
Manifestation for fair elections to Mosgorduma
Moscow
03/08/2019 |
Article 20.2 § 5 of CAO |
fine of RUB 18,000 |
Moscow City Court 14/10/2019 |
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 03/08/2019 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence;
Art. 6 (1) - lack of impartiality of tribunal - absence of the prosecuting party in administrative-offence proceedings |
4,000 |
|
19622/20 17/03/2020 |
Gleb Dmitriyevich VAZHDAYEV 1995 |
Vasilyev Nikolay Vladimirovich Moscow |
Manifestation in support of Ivan Golunov
Moscow
12/06/2019 |
Article 20.2 § 6.1 of CAO |
fine of RUB 10,000
|
Moscow City Court 18/09/2019 |
Art. 6 (1) - lack of impartiality of tribunal - absence of the prosecuting party in administrative-offence proceedings |
3,500 |
|
20023/20 23/03/2020 |
Yuliya Valeryevna PRIKHODKO 1974 |
Memorial Human Rights Centre Moscow |
Manifestation for fair elections to Mosgorduma
Tverskaya str., Moscow
27/07/2019 |
Article 20.2 § 5 of CAO |
fine of RUB 20,000 |
Moscow City Court 24/09/2019 |
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - unlawful (unjustified) arrest on 27/07/2019 for the sole purpose of drawing up a record of administrative offence;
Art. 6 (1) - lack of impartiality of tribunal - absence of the prosecuting party in administrative-offence proceedings |
4,000 |
|
20335/20 27/03/2020 |
Yevgeniy Igorevich NYNNIK 1998 |
Mezak Ernest Aleksandrovich Saint-Barthélemy d’Anjou |
Manifestation in support of Ivan Golunov
Rozhdestvenskiy boulevard, Moscow
12/06/2019 |
Article 20.2 § 6.1 of CAO |
fine of RUB 10,000 |
Moscow City Court 28/11/2019 |
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - unlawful (unjustified) arrest on 12/06/2019 for the sole purpose of drawing up a record of administrative offence;
Art. 6 (1) - lack of impartiality of tribunal - absence of the prosecuting party in administrative-offence proceedings |
4,000 |
|
25386/20 12/05/2020 |
Arseniy Konstantinovich MARKIN 2000 |
|
Manifestation for fair elections to Mosgorduma
Moscow
03/08/2019 |
Article 20.2 § 5 of CAO |
fine of RUB 10,000 |
Moscow City Court 14/11/2019 |
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - unlawful detention on 03/08/2019, detention in excess of 3 hours;
Art. 6 (1) - lack of impartiality of tribunal - absence of the prosecuting party in administrative-offence proceedings |
4,000 |
|
44159/20 17/09/2020 |
Ilya Igorevich MOZYRSKIY 1989 |
Eysmont Mariya Olegovna Moscow |
Manifestation for fair elections in Mosgorduma
Moscow
03/08/2019 |
Article 20.2 § 5 of CAO |
fine of RUB 15,000 |
Moscow City Court 18/03/2020 |
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 03/08/2019 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence;
Art. 6 (1) - lack of impartiality of tribunal - absence of the prosecuting party in administrative-offence proceedings |
4,000 |