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European Court of Human Rights


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:

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 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)

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]

 

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

 

 



[1] Plus any tax that may be chargeable to the applicants.


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