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European Court of Human Rights


You are here: BAILII >> Databases >> European Court of Human Rights >> YEGOROV AND OTHERS v. RUSSIA - 64942/19 (Judgment : Article 11 - Freedom of assembly and association : Third Section Committee) [2023] ECHR 322 (06 April 2023)
URL: http://www.bailii.org/eu/cases/ECHR/2023/322.html
Cite as: CE:ECHR:2023:0406JUD006494219, ECLI:CE:ECHR:2023:0406JUD006494219, [2023] ECHR 322

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THIRD SECTION

CASE OF YEGOROV AND OTHERS v. RUSSIA

(Applications nos. 64942/19 and 25 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 Yegorov 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 applicants were represented by lawyers of former Memorial Human Rights Centre, Moscow.


3.  The Russian Government (“the Government”) were given notice of the applications.

THE FACTS


4.  The list of applicants and the relevant details of the applications are set out in the appended table.


5.  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


6.  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


7.  The applicants complained principally of disproportionate measures taken against them as participants of public assemblies, namely the dispersal of these assemblies, as well as the applicants’ 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 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).


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 society”.


11.  These complaints are therefore admissible and disclose a breach of Article 11 of the Convention.

III.   OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW


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 the light of its well-established case-law (see Butkevich v. Russia, no. 5865/07, §§ 63-65, 13 February 2018, Kalyapin v. Russia, no. 6095/09, § 76, 23 July 2019, and Korneyeva v. Russia, no. 72051/17, §§ 34-36, 8 October 2019, concerning different aspects of unlawful deprivation of liberty of the organisers or participants of public events; and Karelin v. Russia, no. 926/08, 20 September 2016, concerning 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.  Some applicants further raised additional complaints under Articles 5 and 6 of the Convention concerning other aspects of their detention and fairness of the administrative-offence proceedings. In view of the above findings, the Court considers that there is no need to deal separately with these remaining complaints.


14.  Lastly, the applicants in applications nos. 65114/19 and 670/20 also raised other complaints under various Articles of the Convention.


15.  The Court has examined these complaints and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.


It follows that this part of the applications must be rejected in accordance with Article 35 § 4 of the Convention.

V.     APPLICATION OF ARTICLE 41 OF THE CONVENTION


16.  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.”


17.  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, decides that it is not necessary to examine the other aspects of the complaints raised by some applicants under Articles 5 and 6 of the Convention, and declares the remainder of applications nos. 65114/19 and 670/20 inadmissible;

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 the 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

 

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]

 

64942/19

18/12/2019

Georgiy Vladimirovich YEGOROV

1997

Manifestation for fair elections to Mosgorduma

 

Moscow

 

27/07/2019

Article 20.2 § 5 of CAO

compulsory works of

20 hours

Moscow City Court

04/09/2019

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 a police officer for the purpose of drawing up a record of administrative offence on 27/07/2019: no evidence/ assessment that it was impracticable, on the spot, to compile the offence record and to achieve the objectives set out in the CAO;

 

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

4,000

 

64946/19

18/12/2019

Grigor Levonovich GASPARYAN

1963

Manifestation for fair elections to Mosgorduma

 

Moscow

 

27/07/2019

Article 20.2 § 5 of CAO

fine of

RUB 12,000

Moscow City Court

12/09/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to a police office on 27/07/2019 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

 

65072/19

18/12/2019

Timofey Valeryevich GAVRICHKOV

1989

Manifestation for fair elections to Mosgorduma

 

Moscow

 

27/07/2019

Article 20.2 § 6.1 of CAO

fine of

RUB 10,000

Moscow City Court

04/09/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, and detention between 27/07/2019 and 29/07/2019 as administrative suspect: no evidence/ assessment of “exceptional circumstances” under the CAO;

 

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

4,000

 

65114/19

18/12/2019

Yevgeniy Igorevich KOLYAKOV

1986

Manifestation for fair elections to Mosgorduma

 

Moscow

 

27/07/2019

Article 20.2 § 6.1 of CAO

fine of

RUB 15,000

Moscow City Court

28/08/2019

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest, escorting to a police station, and detention between 27/07/2019 and 29/07/2019: no evidence/ assessment of “exceptional circumstances” under the CAO;

 

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

4,000

 

65133/19

18/12/2019

Aleksey Sergeyevich SVIRSHCHEVSKIY

1982

Manifestation for fair elections to Mosgorduma

 

Moscow

 

27/07/2019

Article 20.2 § 5 of CAO

fine of

RUB 18,000

Moscow City Court

04/09/2019

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 a police station on 27/07/2019 for the sole purpose of drawing up a record of administrative offence, detention in excess of three hours: no evidence/ assessment that it was impracticable, on the spot, to compile the offence record and to achieve the objectives set out in the CAO (administrative offence record compiled on 30/07/2019);

 

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

4,000

 

65144/19

18/12/2019

Yelena Vladimirovna GOLUBEVA

1974

Manifestation for fair elections to Mosgorduma

 

Moscow

 

27/07/2019

Article 20.2 § 5 of CAO

fine of

RUB 10,000

Moscow City Court

08/10/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to a police station on 27/07/2019, detention in excess of three 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

 

65180/19

18/12/2019

Andrey Dmitriyevich CHEGODAYEV

1990

Manifestation for fair elections to Mosgorduma

 

Moscow

 

27/07/2019

Article 20.2 § 5 of CAO

20 hours of community service

Moscow City Court

08/10/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to a police station on 27/07/2019, in excess of three 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

 

65202/19

18/12/2019

Yasha Mikhaylovich FINKELBERG

1998

Manifestation for fair elections to Mosgorduma

 

Moscow

 

27/07/2019

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 - arrest, escorting to the police station and detention between 27/07/2019 and 29/07/2019 as administrative suspect, no evidence/ assessment of “exceptional circumstances” under the CAO, detention beyond the three-hour statutory period, and after the administrative offence record had been compiled on 28/07/2019;

 

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

4,000

 

65205/19

18/12/2019

Konstantin Valeryevich BAZROV

1992

Manifestation for fair elections to Mosgorduma

 

Moscow

 

27/07/2019

Article 20.2 § 5 of CAO

fine of RUB 15,000

Moscow City Court

02/10/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to a police station on 27/07/2019, detention in excess of three 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

 

65211/19

18/12/2019

Oleg Yuryevich IVANOV

1994

Manifestation for fair elections to Mosgorduma

 

Moscow

 

27/07/2019

Article 20.2 § 5 of CAO

fine of

RUB 15,000

Moscow City Court

06/09/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to a police station and detention there on 27/07/2019 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

 

65291/19

18/12/2019

Aleksandr Valeryevich STAMIKOV

1970

Manifestation for fair elections to Mosgorduma

 

Moscow

 

27/07/2019

Article 20.2 § 5 of CAO

fine of

RUB 10,000

Moscow City Court

16/09/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, detention on 27/07/2019 in excess of three 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

 

65292/19

18/12/2019

Lidiya Vladimirovna TYUKOVA

1952

Manifestation for fair elections to Mosgorduma

 

Moscow

 

27/07/2019

Article 20.2 § 5 of CAO

fine of

RUB 20,000

Moscow City Court

20/08/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to the police station, and detention there on 27/07/2019 in excess of three 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

 

65294/19

18/12/2019

Timur Orifdzhanovich RAFIYEV

1973

Manifestation for fair elections to Mosgorduma

 

Moscow

 

27/07/2019

Article 20.2 § 5 of CAO

fine of

RUB 15,000

Moscow City Court

30/08/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to the police station, and detention there on 27/07/2019 in excess of three 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

 

63/20

18/12/2019

Vladislav Olegovich TRETYAKOV

1992

Manifestation for fair elections to Mosgorduma

 

Moscow

 

27/07/2019

Article 20.2 § 5 of CAO

fine of

RUB 15,000

Moscow City Court

10/09/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, and detention on 27/07/2019 in excess of three 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

 

630/20

18/12/2019

Yaroslav Vladimirovich BYSTROV

1973

Manifestation for fair elections to Mosgorduma

 

Moscow

 

27/07/2019

Article 20.2 § 5 of CAO

fine of

RUB 20,000

Moscow City Court

30/08/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, and detention on 27/07/2019 in excess of three hours for the sole purpose of drawing up a record of administrative offence (administrative offence record compiled on 30/07/2019);

 

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

4,000

 

670/20

18/12/2019

Dmitriy Aleksandrovich KIRYUKIN

1998

Manifestation for fair elections to Mosgorduma

 

Moscow

 

27/07/2019

Article 20.2 § 6 of CAO

10 days of administrative detention

Moscow City Court

05/08/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, and detention between 27/07/2019 and 29/07/2019 as administrative suspect: no evidence/ assessment of “exceptional circumstances” under the CAO, detention beyond the three-hour statutory period, and after the administrative offence record had been compiled on 28/07/2019;

 

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

5,000

 

692/20

18/12/2019

Aleksey Vasilyevich TIKHOMIROV

1961

Manifestation for fair elections to Mosgorduma

 

Moscow

 

27/07/2019

Article 20.2 § 5 of CAO

fine of

RUB 15,000

Moscow City Court

26/08/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, and detention there on 27/07/2019 for the sole purpose of drawing up a record of administrative offence (the administrative offence record compiled on 31/07/2019);

 

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

 

 

 

 

 

4,000

 

1914/20

27/12/2019

Denis Vladimirovich SIMONOV

1976

Manifestation for fair elections to Mosgorduma

 

 

Moscow

 

27/07/2019

Article 20.2 § 5 of CAO

fine of

RUB 15,000

Moscow City Court

28/08/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, and detention there on 27/07/2019 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

 

2278/20

24/12/2019

Ilya Valeryevich BALAKIN

1998

Manifestation for fair elections to Mosgorduma

 

Moscow

 

27/07/2019

Article 20.2 § 5 of CAO

fine of

RUB 15,000

Moscow City Court

12/09/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to a police station, and detention there on 27/07/2019, in excess of three 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

 

2784/20

23/12/2019

Polina Aleksandrovna BOGDANOVA

1994

Manifestation for fair elections to Mosgorduma

 

Moscow

 

27/07/2019

Article 20.2 § 5 of CAO

fine of

RUB 15.000

Moscow City Court

10/09/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to a police station, and detention there on 27/07/2019, in excess of three 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

 

3021/20

23/12/2019

Vladimir Vyacheslavovich BAZANOV

1976

Manifestation for fair elections to Mosgorduma

 

Moscow

 

27/07/2019

Article 20.2 § 5 of CAO

fine of

RUB 20,000

Moscow City Court

04/09/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station, and detention there on 27/07/2019 in excess of three 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

 

3031/20

23/12/2019

Arseniy Alekseyevich AMURSKIY

1984

Manifestation for fair elections to Mosgorduma

 

Moscow

 

27/07/2019

Article 20.2 § 6.1 of CAO

8 days’ administrative detention

Moscow City Court

01/08/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest and detention between 27/07/2019 and 29/07/2019 as administrative suspect: no evidence / assessment of “exceptional circumstances” (the administrative offence record compiled on 27/07/2019);

 

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

5,000

 

5864/20

17/01/2020

Andrey Aleksandrovich DEGTYAREV

1996

Manifestation for fair elections to Mosgorduma

 

Moscow

 

27/07/2019

Article 20.2 § 5 of CAO

fine of

RUB 20,000

Moscow City Court

30/08/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention there on 27/07/2019 as administrative suspect (the administrative offence record compiled on 31/07/2019);

 

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

4,000

 

5938/20

17/01/2020

Danil Dmitriyevich KULESHOV

2001

Manifestation for fair elections to Mosgorduma

 

Moscow

 

27/07/2019

Article 20.2 § 5 of CAO

fine of

RUB 15,000

Moscow City Court

16/09/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to a police office, and detention on 27/07/2019 as administrative suspect

(the administrative offence record compiled on 30/07/2019);

 

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

4,000

 

5998/20

17/01/2020

Sergey Pavlovich POPOV

1981

Manifestation for fair elections to Mosgorduma

 

Moscow

 

27/07/2019

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 - arrest, escorting to a police station, and detention between 27/07/2019 and 29/07/2019 as administrative suspect: no evidence/assessment of any "exceptional circumstances" (administrative offence record compiled on 29/07/2019);

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

4,000

 

6070/20

22/01/2020

Andrey Mikhaylovich NAUMOV

1987

Manifestation for fair elections to Mosgorduma

 

Moscow

 

27/07/2019

Article 20.2 § 5 of CAO

fine of

RUB 20,000

Moscow City Court

22/08/2019

Art. 5 (1) - unlawful deprivation of liberty - arrest and escorting to a police station, and detention there on 27/07/2019 in excess of three hours, for the sole purpose of drawing up a record of administrative offence (the administrative offence record compiled on 31/07/2019);

 

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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URL: http://www.bailii.org/eu/cases/ECHR/2023/322.html