FOURTH SECTION
CASE OF KUZIN AND OTHERS v. RUSSIA
(Applications nos. 41710/21 and 29 others –
see appended list)
JUDGMENT
STRASBOURG
14 May 2024
This judgment is final but it may be subject to editorial revision.
In the case of Kuzin and Others v. Russia,
The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:
Branko Lubarda, President,
Armen Harutyunyan,
Ana Maria Guerra Martins, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 11 April 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); Elvira Dmitriyeva v. Russia, nos. 60921/17 and 7202/18, §§ 77-90, 30 April 2019, as to administrative conviction for making calls to participate in public assemblies; 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, 10 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 May 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Branko Lubarda
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 and costs and expenses per applicant (in euros)[1] | |
41710/21 03/08/2021 | Yuriy Anatolyevich KUZIN 1987 |
| Rally “Free Navalnyy"
Moscow
31/01/2021 | article 20.2 § 6.1 of CAO | detention for 4 days | Moscow City Court 04/02/2021 | 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 3.45 p.m. 31/01/2021 until 3.45 p.m. on 02/02/2021. | 5,000 | |
41725/21 31/07/2021 | Denis Vladimirovich KURUSHIN 1990 | Chashchilova Mariya Valeryevna Moscow | Rally "Free Navalnyy"
Moscow
31/01/2021 | article 20.2 § 6.1 of CAO | detention for 10 days | Moscow City Court 16/03/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 1.37 p.m. on 31/01/2021 until 10.00 a.m. on 01/02/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 5,000 | |
41740/21 06/08/2021 | Maksim Yevgenyevich DOMOZHIROV 1993 | Kurochko Yelena Viktorovna Vologda | Rally "Free Navalnyy"
Vologda
31/01/2021
| article 20.2 § 5 of CAO | fine of RUB 10,000 | Vologda Regional Court 27/04/2021 |
| 3,500 | |
41941/21 10/08/2021 | Aleksandr Sergeyevich DMITRIYEV 1998 | Polyakova Veronika Valeryevna Moscow | Rally "Free Navalnyy"
Moscow
02/02/2021 | article 20.2 § 6.1 of CAO | detention for 10 days | Moscow City Court 10/02/2021 | 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 - 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 | |
42050/21 03/08/2021 | Ilya Pavlovich SHAMOVSKIY 1997 | Sirosh Fedor Yevgenyevich Moscow | Rally "Free Navalnyy"
Moscow
31/01/2021 | article 20.2 § 6.1 of CAO | detention for 5 days | 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. | 5,000 | |
42060/21 03/08/2021 | Konstantin Yuryevich MASLOV 1994 | Sirosh Fedor Yevgenyevich Moscow | Rally "Free Navalnyy"
Moscow
31/01/2021 | article 20.2 § 6.1 of CAO | detention for 5 days | 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. | 5,000 | |
42091/21 04/08/2021 | Mikhail Aleksandrovich ALIYEV 1986 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Moscow
31/01/2021 | article 20.2 § 6.1 of CAO | detention for 8 days | Moscow City Court 21/05/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 4 p.m. on 31/01/2021 until 01/02/2021, when the applicant was taken to the Babushkinskiy District Court,
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 | |
42100/21 04/08/2021 | Yevgeniya Yuryevna MAYOROVA 1994 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Moscow
31/01/2021 | article 20.2 § 6.1 of CAO | detention for 10 days | Moscow City Court 04/02/2021 | 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 - 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 | |
42102/21 04/08/2021 | Marat Rashitovich NAFIKOV 1986 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Moscow
31/01/2021 | article 20.2 § 6.1 of CAO | detention for 15 days | Moscow City Court 09/02/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 1.40 p.m. on 31/01/2021 until 9.40 p.m. on 01/02/2021,
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 - 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 | |
42106/21 03/08/2021 | Dmitriy Sergeyevich TARASOV 1988 | Sirosh Fedor Yevgenyevich Moscow | Rally "Free Navalnyy"
Moscow
31/01/2021 | article 20.2 § 6.1 of CAO | detention for 5 days | 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. | 5,000 | |
42108/21 04/08/2021 | Nikita Sergeyevich KARNAUKHOV 1994 | Sirosh Fedor Yevgenyevich Moscow | Rally "Free Navalnyy"
Moscow
31/01/2021
| article 20.2 § 6.1 of CAO | detention for 5 days | 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. | 5,000 | |
42110/21 04/08/2021 | Ivan Anatolyevich LOBACHEV 1988 | Sirosh Fedor Yevgenyevich Moscow | Rally "Free Navalnyy"
Moscow
31/01/2021 | article 20.2 § 6.1 of CAO | detention for 5 days | Moscow City Court 08/02/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 5,000 | |
42123/21 03/08/2021 | Vladislav Aleksandrovich VETOKHIN 1997 | Sirosh Fedor Yevgenyevich Moscow | Rally "Free Navalnyy"
Moscow
31/01/2021 | article 20.2 § 6.1 of CAO | detention for 5 days | 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. | 5,000 | |
42151/21 31/07/2021 | Dmitriy Svyatoslavovich MAKAROVSKIY 1988 | Chashchilova Mariya Valeryevna Moscow | Rally "Free Navalnyy"
Moscow
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 13/05/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 3,500 | |
42400/21 06/08/2021 | Pavel Sergeyevich STRUNIN 1988 | Lepekhin Andrey Gennadyevich Chelyabinsk | Rally "Free Navalnyy"
Chelyabinsk
31/01/2021
| article 20.2 § 2 of CAO | detention for 9 days | Chelyabinsk Regional Court 09/02/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 5,000 | |
42510/21 05/08/2021 | Sergey Nikolayevich VERBITSKIY 1983 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Moscow
31/01/2021 | article 20.2 § 6.1 of CAO | detention for 8 days | Moscow City Court 04/02/2021 (decision served on the applicant on the following days) | 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 | |
42579/21 11/08/2021 | Adelina Timeryanovna BATYRSHINA 2001 | Nurgaleyev Danil Ilnurovich Kazan | Rally "Free Navalnyy"
Kazan
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Supreme Court of the Tatarstan Republic 24/02/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 2 p.m. on 31/01/2021 until 4.30 p.m. on 01/02/2021 | 4,000 | |
42587/21 11/08/2021 | Yelizaveta Sergeyevna YELISEYEVA 1999 | Nurgaleyev Danil Ilnurovich Kazan | Rally "Free Navalnyy"
Kazan
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Supreme Court of the Tatarstan Republic 24/02/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 2 p.m. on 31/01/2021 until 4.30 p.m. on 01/02/2021 | 4,000 | |
42588/21 11/08/2021 | Valeriya Eduardovna NIKOLAYEVA 2000 | Nurgaleyev Danil Ilnurovich Kazan | Rally "Free Navalnyy"
Kazan
31/01/2021
| article 20.2 § 5 of CAO | fine of RUB 10,000 | Supreme Court of the Tatarstan Republic 03/03/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 2 p.m. on 31/01/2021 until 4.30 p.m. on 01/02/2021 | 4,000 | |
43237/21 09/08/2021 | Fedor Alekseyevich ZAKHAROV 2000 | Eysmont Mariya Olegovna Moscow | Rally "Free Navalnyy"
Moscow
31/01/2021 | article 20.2 § 6.1 of CAO | detention for 10 days | Moscow City Court 10/02/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 6.40 p.m. on 31/01/2021 until 4.50 p.m. on 01/02/2021,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 5,000 | |
55895/21 29/10/2021 | Vladislav Yuryevich RYBALKO 1995 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Moscow
02/02/2021 | article 20.2 § 6.1 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 | 3,500 | |
55900/21 29/10/2021 | Anton Viktorovich SYASIN 1990 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Moscow
23/01/2021 | 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 | 3,500 | |
55912/21 29/10/2021 | Yelena Vitalyevna YELTSOVA 2000 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Nizhniy Novgorod
31/01/2021
| article 20.2 § 5 of CAO | fine of RUB 5,000 | Nizhniy Novgorod Regional Court 28/07/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 3,500 | |
56863/21 15/11/2021 | Tatyana Aleksandrovna POKROVSKAYA 1970 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Moscow
31/01/2021 | article 20.2 § 6.1 of CAO | fine of RUB 15,000 | 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 | |
56916/21 15/11/2021 | Yuriy Ivanovich KUREYEV 1993 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Moscow
31/01/2021 | 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. | 3,500 | |
57035/21 10/11/2021 | Sergey Mikhaylovich TERTIYENKO 1998 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Moscow
31/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 13/05/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 3,500 | |
57108/21 07/10/2021 | Yelizaveta Leonidovna ZAGORSKAYA 1998 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Samara
23/01/2021
| article 20.2 § 5 of CAO | fine of RUB 10,000 | Samara Regional Court 08/04/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
57171/21 30/10/2021 | Anastasiya Sergeyevna KASYANOVA 2002 | Memorial Human Rights Centre Moscow | Rally "Free Navalnyy"
Kurgan
21/04/2021 | article 20.2 § 8 of CAO | detention for 20 days | Kurgan Regional Court 01/05/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 8.10 p.m. on 21/04/2021 until 10.13 a.m. on 22/04/2021,
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 | |
58278/21 18/11/2021 | Aleksey Igorevich KRIVOSHEIN 1994 | Pershakova Yelena Yuryevna Moscow | Rally "Free Navalnyy"
Moscow
31/01/2021 | article 20.2 § 6.1 of CAO | fine of RUB 15,000 | 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 | |
58684/21 15/11/2021 | Mikhail Andreyevich PANFILOV 1997 | Sharangiya Sofya Zurabovna Nizhniy Novgorod | Rally "Free Navalnyy"
Nizhniy Novgorod
23/01/2021 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Nizhniy Novgorod Regional Court 16/06/2021 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. | 3,500 |
[1] Plus any tax that may be chargeable to the applicants.