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You are here: BAILII >> Databases >> European Court of Human Rights >> GENERALOV AND OTHERS v. RUSSIA - 57870/21 (Article 11 - Freedom of assembly and association : Third Section Committee) [2024] ECHR 119 (08 February 2024) URL: http://www.bailii.org/eu/cases/ECHR/2024/119.html Cite as: [2024] ECHR 119 |
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THIRD SECTION
CASE OF GENERALOV AND OTHERS v. RUSSIA
(Applications nos. 57870/21 and 17 others -
see appended list)
JUDGMENT
STRASBOURG
8 February 2024
This judgment is final but it may be subject to editorial revision.
In the case of Generalov 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 18 January 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 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 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 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 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.
12. Some applicants submitted other complaints which also raised issues under the Convention and its Protocols, 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 and its Protocols 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); Martynyuk v. Russia, no. 13764/15, §§ 38-42, 8 October 2019, relating to the lack of suspensive effect of an appeal against the sentence of administrative detention.
14. Some applicants raised further complaints under Article 6 of the Convention alleging various aspects of unfairness of the administrative offence proceedings. In view of the findings in paragraph 13 above, the Court considers that there is no need to deal separately with these remaining complaints.
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,
(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 8 February 2024, 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 / criminal 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] |
08/11/2021 | Vadim Aleksandrovich GENERALOV 1991 | Veronika Yuryevna Karagodina St Petersburg | Rally "Free Navalnyy"
St Petersburg
31/01/2021 | article 20.2 § 6.1 of CAO | fine of RUB 10,000 | St Petersburg City Court 22/06/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report | 4,000 | |
18/11/2021 | Irina Andreyevna MAKSIMOVA 1995 | Yelena Yuryevna Pershakova Moscow | Rally "Free Navalnyy"
Moscow
31/01/2021 | article 20.2 § 6.1 of CAO | fine of RUB 15,000 | Moscow City Court 21/05/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report | 4,000 | |
11/10/2021 | Yevgeniy Yevgenyevich KALENKOVICH 1988 | Yelena Yuryevna Pershakova Moscow | Rally "Free Navalnyy"
Moscow
23/01/2021 | article 20.2 § 6.1 of CAO | fine of RUB 15,000 | Moscow City Court 13/05/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 23/01/2021 until 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 | |
18/11/2021 | Pavel Alekseyevich SHAPOSHNIKOV 1990 | Yelena Yuryevna Pershakova Moscow | Rally "Free Navalnyy"
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 the police station on 31/01/2021 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 | |
18/11/2021 | Vladislav Vladimirovich ISAK 1985 | Yevgeniy Vyacheslavovich Antokhin Moscow | Rally "Free Navalnyy"
Moscow
31/01/2021 | article 20.2 § 6.1 of CAO | fine of RUB 15,000 | Moscow City Court 25/05/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 31/01/2021 until 02/02/2021 | 4,000 | |
07/12/2021 | Aleksandr Yevgenyevich RUDENKO 1991 | Yelena Yuryevna Pershakova Moscow | Rally "Free Navalnyy"
Perm
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Perm Regional Court 10/06/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 for compiling an offence report | 4,000 | |
23/11/2021 | Aleksey Valeryevich VINNIKOV 2001 | Konstantin Aleksandrovich Markin Velikiy Novgorod | Rally "Free Navalnyy"
Moscow
02/02/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 05/07/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 5 (1) - unlawful detention - escorting to the police station on 02/02/2021 for compiling an offence report | 4,000 | |
21/11/2021 | Dmitriy Mikhaylovich PETRIK 1989 | Marina Alekseyevna Dubrovina Novorossiysk | Rally "Free Navalnyy"
Novorossiysk
21/04/2021 | article 20.2.2 § 1 of CAO | detention of 5 days | Krasnodar Regional Court 23/06/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO. | 5,000 | |
21/11/2021 | Lyubov Nikolayevna PARYGINA 1999 | Marina Alekseyevna Dubrovina Novorossiysk | Rally "Free Navalnyy"
Anapa
21/04/2021 | article 20.2 § 5 of CAO | fine of RU 10,000 | Krasnodar Regional Court 30/06/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 5 (1) - unlawful detention - escorting to the police station on 21/04/2021 for compiling an offence report | 4,000 | |
01/11/2021 | Maksim Yuryevich BANYAYEV 1989 | Konstantin Aleksandrovich Markin Strasbourg | Rally "Free Navalnyy"
Moscow
23/01/2021
Rally "Free Navalnyy"
Moscow
02/02/2021 | article 20.2 § 5 of CAO
article 20.2 § 6.1 of CAO | fine of RUB 20,000
detention of 5 days | Moscow City Court 29/09/2021
Moscow City Court 21/05/2021 | Art. 5 (1) - unlawful detention: 1) escorting to the police station on 23/01/2021 for compiling an offence report;
2) escorting to and detention at the police station after compiling an offence report from 12.20 p.m. on 02/02/2021 until 2.30 p.m. on 03/02/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO. | 6,000 | |
06/12/2021 | Kseniya Alekseyevna MAZUROVA 2002 | Konstantin Aleksandrovich Markin Velikiy Novgorod | Rally "Free Navalnyy"
Velikiy Novgorod
21/04/2021 | article 20.2 § 5 of CAO | 20 hours of community work | Novgorod Regional Court 15/06/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Art. 5 (1) - unlawful detention - escorting to the police station on 21/04/2021 for compiling an offence report | 4,000 | |
21/11/2021 | Aleksandr Alekseyevich ANTONOV 1994 | Marina Alekseyevna Dubrovina Novorossiysk | Rally "Free Navalnyy"
Novorossiysk
21/04/2021 | article 20.2.2 § 1 of CAO | detention of 5 days | Krasnodar Regional Court 28/06/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO. | 5,000 | |
21/11/2021 | Yekaterina Anatolyevna LAKHTIKOVA 1983 | Roman Yevgenyevich Kachanov Yekaterinburg | Rally "Free Navalnyy"
Ekaterinburg
31/01/2021 | article 20.2 § 5 of CAO | 20 hours of community work | Sverdlovsk Regional Court 27/05/2021 | Art. 5 (1) - unlawful detention - escorting to the police station on 31/01/2021 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 | |
02/03/2023 | Lyubov Aleksandrovna PLOSHKINA 1999 |
| Anti-war protest
Moscow
24/02/2022 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 03/11/2022 | Art. 5 (1) - unlawful detention - escorting to the police station on 24/02/2022 for compiling an offence report | 4,000 | |
25/02/2023 | Yekaterina Andreyevna ZHILINA 1989 | Natalya Andreyevna Baranova Moscow | Anti-war protest
Moscow
24/02/2022 | article 20.2 § 5 of CAO | fine of RUB 20,000 | Moscow City Court 25/10/2022 | Art. 5 (1) - unlawful detention - escorting to the police station on 24/02/2022 for compiling an offence report | 4,000 | |
03/03/2023 | Yekaterina Yevgenyevna ABAYEVA-GILDEBRAND 1999 |
| Anti-war protest
Moscow
06/03/2022
| article 20.2 § 5 of CAO | fine of RUB 20,000 | Moscow City Court 03/11/2022 | Art. 5 (1) - unlawful detention - escorting to the police station on 06/03/2022 for compiling an offence report | 4,000 | |
13/02/2023 | Marina Yuryevna LYUBIMOVA 1974 |
| Anti-war protest
Moscow
13/03/2022 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 13/10/2022 | Art. 5 (1) - unlawful detention - escorting to the police station on 13/03/2022 for compiling an offence report | 4,000 | |
16/03/2023 | Anastasiya Romanovna ANDRYUSHCHENKO
|
| Anti-war protest
Moscow
24/02/2022 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Moscow City Court 21/11/2022 | Art. 5 (1) - unlawful detention - escorting to the police station on 24/02/2022 for compiling an offence report | 4,000 |
[1] Plus any tax that may be chargeable to the applicants.
