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You are here: BAILII >> Databases >> European Court of Human Rights >> MAKARENKO AND OTHERS v. RUSSIA - 33808/21 (Article 11 - Freedom of assembly and association : Third Section Committee) [2024] ECHR 618 (04 July 2024) URL: http://www.bailii.org/eu/cases/ECHR/2024/618.html Cite as: [2024] ECHR 618 |
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THIRD SECTION
CASE OF MAKARENKO AND OTHERS v. RUSSIA
(Applications nos. 33808/21 and 32 others -
see appended list)
JUDGMENT
STRASBOURG
4 July 2024
This judgment is final but it may be subject to editorial revision.
In the case of Makarenko 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 30 May 2024,
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 organisers or participants of public assemblies. Some applicants 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); and 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 additional complaints under Article 6 of the Convention concerning other aspects of fairness of the administrative-offence proceedings. In view of the findings in paragraphs 9-11 and 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 4 July 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)
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 offence | Penalty | Final domestic decision Court Name Date | Other complaints under well-established case-law | Amount awarded for pecuniary and non--pecuniary damage per applicant (in euros)[1] | |
03/06/2021 | Pavel Vladimirovich MAKARENKO 1978 | Sabinin Andrey Vasilyevich Stavropol | Rally "Free Navalnyy"
Pyatigorsk
31/01/2021 | article 20.2.2 § 1 of CAO | detention for 1 day | Stavropol Regional Court 24/03/2021 | 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,
Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1 p.m. on 31/01/2021 until 01/02/2021, when the applicant was taken to the court. | 4,000 | |
16/07/2021 | Yelisey Vyacheslavovich GULYAYEV 2002 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Chelyabinsk
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Chelyabinsk Regional Court 14/04/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 3,500 | |
20/07/2021 | Richard Roman KING 1986 | Pomazuyev Aleksandr Yevgenyevich Vilnius | Rally "Free Navalnyy"
Omsk
23/01/2021 | article 20.2 § 8 of CAO | detention for 15 days | Omsk Regional Court 27/01/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 5,000 | |
28/07/2021 | Pavel Sergeyevich BASARGIN 1978 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Chelyabinsk
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Chelyabinsk Regional Court 31/03/2021 |
| 3,500 | |
11/06/2021 | Darya Eduardovna MALGINOVA 1997 | Nurgaleyev Danil Ilnurovich Kazan | Rally "Free Navalnyy"
Kazan
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Supreme Court of the Tatarstan Republic 24/02/2021 |
| 3,500 | |
11/08/2021 | Denis Vadimovich VOLKOV 1993 | Nurgaleyev Danil Ilnurovich Kazan | Rally "Free Navalnyy"
Kazan
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Supreme Court of the Tatarstan Republic 10/03/2021 |
| 3,500 | |
03/08/2021 | Aleksey Gennadyevich BELAVIN 1986 |
| Rally "Free Navalnyy"
Samara
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Samara Regional Court 13/05/2021 |
| 3,500 | |
17/08/2021 | Aleksey Aleksandrovich PETRENKO 1989 | Pomazuyev Aleksandr Yevgenyevich Vilnius | Rally "Free Navalnyy"
Khabarovsk
23/01/2021 | article 20.2 § 6.1 of CAO | fine of RUB 10,000 | Khabarovsk Regional Court 09/03/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 3,500 | |
23/08/2021 | Valentin Nikolayevich KUZNETSOV 1944 | Zhdanov Ivan Yuryevich Vilnius | Rally "Free Navalnyy"
Omsk
23/01/2021 | article 20.2 § 8 of CAO | fine of RUB 75,000 | Omsk Regional Court 09/03/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 4,300 | |
18/08/2021 | Anastasiya Yuryevna FEDCHUK 2002 | Pomazuyev Aleksandr Yevgenyevich Vilnius | Rally "Free Navalnyy"
Tomsk
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Tomsk Regional Court 19/03/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - raised on appeal. | 3,500 | |
18/08/2021 | Yaroslav Feliksovich SAVIN 1982 | Pomazuyev Aleksandr Yevgenyevich Moscow | Rally "Free Navalnyy"
Astrakhan
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Astrakhan Regional Court 05/03/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 3,500 | |
18/08/2021 | Danila Borisovich CHUMAKOV 2002 | Pershakova Yelena Yuryevna Moscow | Rally "Free Navalnyy"
Magnitogorsk
23/01/2021 | article 20.2 § 2 of CAO | 50 hours of community work | Chelyabinsk Regional Court 31/03/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 3,500 | |
18/08/2021 | Mikhail Valentinovich FROLOV 1976 | Pomazuyev Aleksandr Yevgenyevich Vilnius | Rally "Free Navalnyy"
Omsk
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Omsk Regional Court 09/03/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 3,500 | |
15/09/2021 | Vyacheslav Viktorovich SHCHERBININ 1985 | Pomazuyev Aleksandr Yevgenyevich Vilnius | Rally "Free Navalnyy"
Tomsk
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Tomsk Regional Court 26/03/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 3,500 | |
17/09/2021 | Sergey Ekhtibarovich SHICHKIN 1988 | Mezak Ernest Aleksandrovich Saint-Barthélemy-d'Anjou | Rally "Free Navalnyy"
Ukhta
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Supreme Court of the Komi Republic 17/03/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 3,500 | |
30/09/2021 | Natalya Stepanovna KHOLOPOVA 1954 | Mezak Ernest Aleksandrovich Saint-Barthélemy-d'Anjou | Rally "Free Navalnyy"
Syktyvkar
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Supreme Court of the Komi Republic 31/03/2021 | 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 for compiling an offence report on 31/01/2021 | 4,000 | |
30/09/2021 | Ivan Sergeyevich ISAKOV 1993 | Mezak Ernest Aleksandrovich Saint-Barthélemy-d'Anjou | Rally "Free Navalnyy"
Syktyvkar
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Supreme Court of the Komi Republic 31/03/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 3,500 | |
15/10/2021 | Vladislav Valeryevich BENDER 2003 | Pershakova Yelena Yuryevna Moscow | Rally "Free Navalnyy"
Perm
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Perm Regional Court 20/04/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 3,500 | |
07/10/2021 | Aleksey Valeryevich NIKOLAYEV 1979 | Mezak Ernest Aleksandrovich Saint-Barthélemy-d'Anjou | Rally "Free Navalnyy"
Petropavlovsk-Kamchatskiy
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Kamchatka Regional Court 07/04/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 3,500 | |
07/10/2021 | Galina Gennadyevna VURDOVA 1968 | Mezak Ernest Aleksandrovich Saint-Barthélemy-d'Anjou | Rally "Free Navalnyy"
Syktyvkar
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Supreme Court of the Komi Republic 07/04/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 3,500 | |
11/10/2021 | Dmitriy Nikolayevich OSIPOV 1979 | Mezak Ernest Aleksandrovich Saint-Barthélemy-d'Anjou | Rally "Free Navalnyy"
Syktyvkar
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 5,000 | Supreme Court of the Komi Republic 15/09/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 3,500 | |
11/10/2021 | Mariya Gennadyevna DMITRIYEVA 1997 | Mezak Ernest Aleksandrovich Saint-Barthélemy-d'Anjou | Rally "Free Navalnyy"
Syktyvkar
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 5,000 | Supreme Court of the Komi Republic 26/05/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 3,500 | |
27/10/2021 | Pavel Nikolayevich BALOV 1994 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Nizhniy Novgorod
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Nizhniy Novgorod Regional Court 12/05/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.
| 3,500 | |
10/10/2021 | Anastasiya Sergeyevna NAZAROVA 2000 | Tkachenko Nikita Nikolayevich Belgorod | Rally "Free Navalnyy"
Belgorod
21/04/2021 | article 20.2 § 5 of CAO | 20 hours of community work | Belgorod Regional Court 02/08/2021 |
| 3,500 | |
10/10/2021 | Yegor Sergeyevich KOZLITIN 2000 | Tkachenko Nikita Nikolayevich Belgorod | Rally "Free Navalnyy"
Belgorod
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Belgorod Regional Court 12/04/2021 |
| 3,500 | |
18/10/2021 | Kirill Anatolyevich IZMALKOV 1979 | Mezak Ernest Aleksandrovich Saint-Barthélemy-d'Anjou | Rally "Free Navalnyy"
Syktyvkar
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Supreme Court of the Komi Republic 26/05/2021 |
| 3,500 | |
20/10/2021 | Darya Vladimirovna ZELENAYA 1997 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Moscow
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Moscow City Court 20/04/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 3,500 | |
15/11/2021 | Firuza Rustamovna SAMIYEVA 1992 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Moscow
02/02/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 17/05/2021 | 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 11.20 p.m. on 02/02/2021 until 5 p.m. on 03/02/2021 | 4,000 | |
15/11/2021 | Andrey Vitalyevich KRIKUN 2001 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Moscow
02/02/2021 | article 20.2 § 5 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 11.40 a.m. until 8 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 | |
15/11/2021 | Zabava Rodionovna VOLKOVA 1988 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
St Petersburg
31/01/2021 | article 20.2 § 6.1 of CAO | fine of RUB 10,000 | St Petersburg City 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 | |
08/11/2021 | Yegor Alekseyevich DOMOZHIROV 1994 | Kulikov Sergey Sergeyevich Nizhniy Novgorod | Rally "Free Navalnyy"
Nizhniy Novgorod
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Nizhniy Novgorod Regional Court 12/05/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 3,500 | |
10/11/2021 | Anastasiya Mikhaylovna CHUBAROVA 1994 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Moscow
02/02/2021
| article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 11/05/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 3,500 | |
29/05/2023 | Yegor Igorevich PODLESNYY 1996 | Bochilo Anna Yevgenyevna Barnaul | Anti-war protest
Moscow
06/03/2022 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Moscow City Court 13/02/2023 |
| 3,500 |
[1] Plus any tax that may be chargeable to the applicants.
