THIRD SECTION
CASE OF STALIN AND OTHERS v. RUSSIA
(Applications nos. 2825/21 and 31 others –
see appended list)
JUDGMENT
STRASBOURG
14 December 2023
This judgment is final but it may be subject to editorial revision.
In the case of Stalin 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 23 November 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 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, §§ 63-67, 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 (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 the Convention or Protocols to it. In view of the findings in paragraphs 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 14 December 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) | |
2825/21 05/12/2020 | Damir Islamovich STALIN 1970 | Peredruk Aleksandr Dmitriyevich St Petersburg | Political rally
Samara, 21/06/2020
Rally to support A. Navalnyy
Samara, 23/01/2021 | article 20.2 § 2 of CAO
article 20.2 § 5 of CAO
| 5 days of detention (quashed on appeal)
15 hours of community work
| Samara Regional Court 30/06/2020
Samara Regional Court 15/04/2021
| Art. 5 (1) - unlawful detention - (i) delay of more than a few hours in releasing the applicant (after the appeal decision of 30/06/2020 by Samara Regional Court, quashing his sentence to 5-day detention, he was released on 01/07/2020); (ii) on 05/02/2021 escorting to a police station for compiling an offence report in relation to the rally on 23/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings in 2021,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - lack of suspensive effect of an appeal against the sentence of detention in 2020. | 5,000 | |
20302/21 14/03/2021 | Denis Vasilyevich GRUBENKO 1989 | Vasin Vladimir Valeryevich Krasnoyarsk | Rally to support S. Furgal
Krasnoyarsk, 01/08/2020
Rally to support A. Navalnyy
Krasnoyarsk, 21/04/2021 | article 20.2 § 5 of CAO
article 20.2 § 8 of CAO | fine of RUB 10,000
3 days of detention | Krasnoyarsk Regional Court 24/09/2020
Krasnoyarsk Regional Court 17/06/2021 | Art. 5 (1) - unlawful detention - on 21/04/2021 and 23-24/04/2021 escorting to and detention in a police station for compiling an offence report,
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 - lack of suspensive effect of an appeal against the sentence of detention. | 5,000 | |
21107/21 05/04/2021 | Vladimir Ivanovich CHERNYSHEV 1966 | Sokolov Yevgeniy Vladislavovich Belgorod | Rally to support A. Navalnyy
Belgorod, 23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Belgorod Regional Court 22/03/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 3,500 | |
29390/21 11/05/2021 | Vitaliy Mikhaylovich GUREYEV 2002 | Aksenova Darya Dmitriyevna Kolomna | Rally to support A. Navalnyy
Moscow, 31/01/2021 | article 20.2 § 6.1 of CAO | 12 days of detention | Moscow City Court 12/02/2021 | Art. 5 (1) - unlawful detention - on 31/01/2021 - 01/02/2021 detention in a police station after 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. | 5,000 | |
29391/21 11/05/2021 | Nikita Aleksandrovich BUDKIN 1990 | Aksenova Darya Dmitriyevna Kolomna | Rally to support A. Navalnyy
Moscow, 23/01/2021 | article 20.2 § 6.1 of CAO | 10 days of detention | Moscow City Court 22/03/2021 | Art. 5 (1) - unlawful detention - on 30/01/2021- 01/02/2021 escorting to and detention in a police station for and after compiling an offence report in relation to the rally on 23/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 5,000 | |
29604/21 11/05/2021 | Anna Arkadyevna KHORT 2002 | Aksenova Darya Dmitriyevna Kolomna | Rally to support A. Navalnyy
Moscow, 31/01/2021 | article 20.2 § 6.1 of CAO | 15 days of detention | Moscow City Court 09/02/2021 | Art. 5 (1) - unlawful detention - on 31/01/2021 escorting to and detention in a police station 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. | 5,000 | |
31685/21 07/06/2021 | Anna Gennadyevna SHCHEBET 1980 | Memorial Human Rights Centre Moscow | Rally to support A. Navalnyy
Bryansk, 31/01/2021 | article 20.2 § 5 of CAO
| fine of RUB 10,000
| Bryansk Regional Court 10/03/2021
| Art. 5 (1) - unlawful detention - on 31/01/2021 escorting to a police station 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 | |
33900/21 03/06/2021 | Sergey Aleksandrovich KAN 1986 | Glukhov Aleksey Vladimirovich Novocheboksarsk | Rally to support A. Navalnyy
Cheboksary, 23/01/2021
Anticorruption rally
Cheboksary, 21/04/2021 | article 20.2 § 5 of CAO
article 20.2 § 8 of CAO | fine of RUB 10,000
5 days of detention | Supreme Court of the Chuvashia Republic 19/02/2021
Supreme Court of the Chuvashia Republic 30/04/2021 | Art. 5 (1) - unlawful detention - on 30/01/2021 escorting to a police station for compiling an offence report in relation to the rally on 23/01/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of administrative-offence proceedings,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - lack of suspensive effect of an appeal against the sentence of detention. | 5,000 | |
34698/21 18/06/2021 | Mariya Aleksandrovna YURCHENKO 1998 | Peredruk Aleksandr Dmitriyevich St Petersburg | Rally against amendments to the Constitution
St Petersburg, 15/03/2020 | article 20.2 § 5 of CAO | fine of RUB 10,000 | St Petersburg City Court 22/12/2020 | Art. 5 (1) - unlawful detention - on 15/03/2020 escorting to a police station 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 | |
34898/21 03/06/2021 | Sergey Aleksandrovich CHEREDNIK 1980 | Aksenova Darya Dmitriyevna Kolomna | Rally to support A. Navalnyy
Moscow, 31/01/2021 | article 20.2 § 6.1 of CAO | 14 days of detention | Moscow City Court 12/02/2021 | Art. 5 (1) - unlawful detention - on 31/01/2021-01/02/2021 detention in a police station after 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. | 5,000 | |
35155/21 25/06/2021 | Dmitriy Alekseyevich SMIRNOV 1992 | Memorial Human Rights Centre Moscow | Rally to support A. Navalnyy
Moscow, 17/01/2021 | article 20.2 § 6.1 of CAO | fine of RUB 20,000 | Moscow City Court 02/04/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 3,500 | |
35158/21 25/06/2021 | Artem Nikolayevich LAPIN 1983 | Memorial Human Rights Centre Moscow | Rally to support A. Navalnyy
Moscow, 31/01/2021 | article 20.2 § 6.1 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 | |
35189/21 18/06/2021 | Andrey Vladimirovich BORTNIKOV 1997 | Memorial Human Rights Centre Moscow | Rally to support A. Navalnyy
Moscow, 31/01/2021 | article 20.2 § 6.1 of CAO | 8 days of detention | Moscow City Court 08/02/2021 | Art. 5 (1) - unlawful detention - on 31/01/2021-01/02/2021 detention in a police station after 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,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - lack of a suspensive effect of an appeal against the sentence of detention. | 5,000 | |
35191/21 18/06/2021 | Aleksandra Aleksandrovna KLYUKA 1995 | Memorial Human Rights Centre Moscow | Rally to support A. Navalnyy
Moscow, 31/01/2021 | 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 | |
35192/21 18/06/2021 | Artem Sergeyevich MARTIROSOV 1999 | Memorial Human Rights Centre Moscow | Rally to support A. Navalnyy
Moscow, 23/01/2021 | article 20.2 § 6.1 of CAO | fine of RUB 10,000 | Moscow City Court 30/03/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 3,500 | |
36361/21 30/06/2021 | Andrey Viktorovich DRUZHININ 1987 | Memorial Human Rights Centre Moscow | Rally to support A. Navalnyy
Moscow, 23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 26/04/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 3,500 | |
36372/21 30/06/2021 | Tatyana Andreyevna MASLOVA 1991 | Memorial Human Rights Centre Moscow | Rally to support A. Navalnyy
Tyumen, 31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Tyumen Regional Court 15/03/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 3,500 | |
36390/21 30/06/2021 | Nikolay Igorevich IVANOV 1992 | Memorial Human Rights Centre Moscow | Rally to support A. Navalnyy
Moscow, 31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City 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 | |
36732/21 07/07/2021 | Rostislav Vladimirovich NEKENOV 1987 | Bochilo Anna Yevgenyevna Barnaul | Protest action
Moscow, 07/11/2020 | article 20.2 § 5 of CAO | fine of RUB 20,000 | Moscow City Court 22/04/2021 | Art. 5 (1) - unlawful detention - on 07/11/2020 escorting to a police station 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 | |
36767/21 13/07/2021 | Yekarerina Aleksandrovna PONOMAREVA 1996 | Markin Konstantin Aleksandrovich Velikiy Novgorod | Rally to support A. Navalnyy
Novgorod, 23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Novgorod Regional Court 25/02/2021 | Art. 5 (1) - unlawful detention - on 23/01/2021 escorting to a police station 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 | |
36884/21 12/07/2021 | Mikhail Mikhaylovich DEYEV 1998 | Pershakova Yelena Yuryevna Moscow | Rally to support A. Navalnyy
Moscow, 02/02/2021 | article 20.2 § 6.1 of CAO | 15 days of detention | Moscow City Court 11/02/2021 | Art. 5 (1) - unlawful detention - on 03/02/2021 escorting to and detention in a police station for and after 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,
Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - lack of suspensive effect of an appeal against the sentence of detention. | 5,000 | |
36929/21 16/07/2021 | Fedor Gennadyevich PARSHIKOV 2002 | Memorial Human Rights Centre Moscow | Rally to support A. Navalnyy
Moscow, 31/01/2021 | article 20.2 § 6.1 of CAO | 8 days of detention | Moscow City Court 08/04/2021 | Art. 5 (1) - unlawful detention - on 31/01/2021-01/02/2021 detention in a police station after the compiling of the offence report,
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 - lack of suspensive effect of an appeal against the sentence of detention. | 5,000 | |
37333/21 08/07/2021 | Yevgeniy Gennadyevich KALKAYEV 1977 | Aksenova Darya Dmitriyevna Kolomna | Rally to support A. Navalnyy
Moscow, 31/01/2021 | article 20.2 § 6.1 of CAO | 10 days of detention | Moscow City Court 22/03/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 5,000 | |
37815/21 12/07/2021 | Andrey Viktorovich NAZAROV 1992 | Pershakova Yelena Yuryevna Moscow | Rally to support A. Navalnyy
Moscow, 31/01/2021 | article 20.2 § 6.1 of CAO | 15 days of detention | Moscow City Court 05/02/2021 | 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 - lack of suspensive effect of an appeal against the sentence of detention. | 5,000 | |
38199/21 13/07/2021 | Maksim Vladimirovich YEVSIN 1992 | Zatonskaya Yuliya Vladimirovna Lipetsk | Rally to support A. Navalnyy
Lipetsk, 23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Lipetsk Regional Court 25/02/2021 | Art. 5 (1) - unlawful detention - on 23/01/2021 escorting to a police station 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 | |
38403/21 02/07/2021 | Dmitriy Sergeyevich VOLKOV 1986 | Memorial Human Rights Centre Moscow | Rally to support A. Navalnyy
Pskov, 31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Pskov Regional Court 26/04/2021 | Art. 5 (1) - unlawful detention - on 31/01/2021 escorting to a police station 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 | |
38547/21 24/07/2021 | Vladimir Sergeyevich NEMANOV 1996 | Petrova Polina Artemovna Moscow | Rally to support A. Navalnyy
Moscow, 31/01/2021 | article 20.2 § 6.1 of CAO | 10 days of detention | Moscow City Court 04/02/2021 | Art. 5 (1) - unlawful detention - on 31/01/2021-01/02/2021 detention in a police station after 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. | 5,000 | |
38986/21 22/07/2021 | Oleg Valeryevich IVANOV 1997 | Memorial Human Rights Centre Moscow | Rally to support A. Navalnyy
Stavropol, 31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Stavropol Regional Court 28/04/2021 | Art. 5 (1) - unlawful detention - on 31/01/2021 escorting to a police station 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 | |
39153/21 19/07/2021 | Sergey Petrovich SEROV 1997 | Bochilo Anna Yevgenyevna Barnaul | Rally to support A. Navalnyy
Kazan, 31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Supreme Court of the Tatarstan Republic 12/05/2021 | Art. 5 (1) - unlawful detention - on 31/01/2021 escorting to a police station for compiling an offence report. | 4,000 | |
39215/21 28/07/2021 | Guzel Salavatovna VASIKOVA 1992 | Memorial Human Rights Centre Moscow | Rally to support A. Navalnyy
Kazan, 31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Supreme Court of the Tatarstan Republic 31/03/2021 | Art. 5 (1) - unlawful detention - on 31/01/2021-01/02/2021 escorting to and detention in a police station for and after compiling an offence report. | 4,000 | |
39345/21 22/07/2021 | Igor Svyatoslavovich SHAPOVALOV 1991 | Memorial Human Rights Centre Moscow | Rally to support A. Navalnyy
Moscow, 23/01/2021
| article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 19/05/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 3,500 | |
46922/21 30/08/2021 | Aleksandr Nikolayevich ZHELTUKHIN 1986 | Bannikov Ruslan Yuryevich Voronezh | Rally to support A. Navalnyy
Voronezh, 23/01/2021 | article 20.2 § 2 of CAO | 7 days of detention | Voronezh Regional Court 10/03/2021 | Art. 5 (1) - unlawful detention - on 23/01/2021 escorting to and detention in a police station for and after 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 proceeding. | 5,000 |
[1] Plus any tax that may be chargeable to the applicants.