FIFTH SECTION
CASE OF TYURIN AND OTHERS v. RUSSIA
(Applications nos. 795/20 and 17 others –
see appended list)
JUDGMENT
STRASBOURG
12 September 2024
This judgment is final but it may be subject to editorial revision.
In the case of Tyurin and Others v. Russia,
The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:
María Elósegui, President,
Kateřina Šimáčková,
Stéphane Pisani, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 11 July 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 against solo demonstrators. The 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 the disproportionate measures taken against them as participants or organisers of solo demonstrations, notably the termination of their demonstrations, arrest and conviction for administrative offences. They relied, expressly or in substance, on Articles 10 and 11 of the Convention. The Court will examine the complaints under Article 10 of the Convention taking into account, where appropriate, the general principles it has established in the context of Article 11 of the Convention (see Novikova and Others v. Russia, nos. 25501/07 and 4 others, § 91, 26 April 2016).
8. In the leading case of Novikova and Others (cited above, §§ 112-225) the Court already found a violation in respect of issues similar to those in the present case (see also, mutatis mutandis, Lashmankin and Others v. Russia, nos. 57818/09 and 14 others, §§ 432-42, 7 February 2017; Glukhin v. Russia, no. 11519/20, §§ 49-57, 4 July 2023, and Ibragimova v. Russia, no. 68537/13, §§ 28-41, 30 August 2022).
9. 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 on 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 expression were not “necessary in a democratic society”.
10. These complaints are therefore admissible and disclose a breach of Article 10 of the Convention.
11. 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 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 (CAO); Frumkin v. Russia, no.74568/12, 5 January 2016, Navalnyy and Yashin v. Russia, no. 76204/11, 4 December 2014) and Kasparov and Others v. Russia, no. 21613/07, 3 October 2013, as to disproportionate measures taken by the authorities against organisers and participants of public assemblies; 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.
12. Some applicants raised further additional complaints under Article 6 of the Convention. In view of the findings in paragraphs 9-11 above, the Court considers that there is no need to deal separately with these remaining complaints.
13. Regard being had to the documents in its possession and to its case‑law (see, mutatis mutandis, Navalnyy and Others v. Russia [Committee], nos. 5809/17 and 14 others, § 22, 4 October 2022), the Court considers 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 12 September 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina María Elósegui
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 10 § 1 of the Convention
(disproportionate measures against solo demonstrators)
Application no. Date of introduction | Applicant’s name Year of birth
| Representative’s name and location | Location Date Purpose of the demonstration | Administrative charges Penalty | Final domestic decision Date Name of the court | Other relevant information | Other complaints under well-established case-law | Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant (in euros)[1] | |
795/20 18/12/2019 | Artem Dmitriyevich TYURIN 2000
| Arshinova Valeriya Aleksandrovna Moscow | Moscow 02/08/2019 Support of Ye. Zhukov
| article 20.2 § 2 of CAO administrative detention of 8 days | Moscow City Court 26/08/2019
|
| 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 | |
10130/20 13/02/2020 | Yulian Sergeyevich LASHKIN 1996
| Memorial Human Rights Centre Moscow | Moscow 24/07/2019 Support of LGBT community after a murder of an LGBT activist
| article 20.2 § 5 of CAO fine of RUB 10,000 | Moscow Regional Court 20/09/2019 |
| Art. 5 (1) - unlawful detention – arrest, escorting to the police station, detention on 24/07/2019 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 | |
55368/20 21/11/2020 | Yekaterina Vladimirovna KORCHINSKAYA 1999
| Peredruk Aleksandr Dmitriyevich St Petersburg | Vladivostok 16/06/2020 Support of eco-activists
| article 20.2 § 1 of CAO administrative fine of RUB 10,000 | Primorye Regional Court 08/09/2020 | ban on public events at certain locations -in the vicinity of a court building | Art. 5 (1) - unlawful deprivation of liberty – arrest, escorting to a police station, detention on 16/06/2020 for the sole purpose of drawing up a record of administrative offence: no evidence,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
2962/21 22/12/2020 | Gleb Vladimirovich SOKOLOV 1997
| Vasilyev Nikolay Vladimirovich Moscow | Moscow, 09/06/2020, Support of arrested activists D. Ivanov and E. Yunusov | article 20.2 § 8 of CAO, administrative detention of 15 days | 22/06/2020, Moscow City 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 | |
13372/21 10/03/2021 | Timur Arturovich TUKHVATULLIN 2001
| Nurgaleyev Danil Ilnurovich Kazan | Kazan 21/08/2020 Support of A. Navalnyy | article 20.2 § 5 of CAO community service of 30 hours | Supreme Court of the Republic of Tatarstan 30/09/2020 |
| Art. 5 (1) - unlawful detention - arrest, escorting to a police station and detention: (1) on 21/08/2020, for the sole purpose of drawing a record of administrative offence, and (2) between 2.30 p.m. of 23/01/2021 and 25/01/2021, as administrative suspect,
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - rally in support of A. Navalnyy, 23/01/2021, Kazan – arrest, conviction under article 20.2 § 5 of CAO, administrative fine of RUB 10,000, final judgment: 14/04/2021, Supreme Court of Republic of Tatarstan. | 4,000 | |
20673/21 25/03/2021 | Sergey Andreyevich DESNITSKIY 1999
| Memorial Human Rights Centre Moscow | Moscow 31/05/2020 Protest against use of force against lawyers in Kabardino-Balkaria and other regions
| article 20.2 § 5 of CAO fine of RUB 10,000 | Moscow City Court 14/10/2020 | rotation - event classified as assembly post facto | Art. 5 (1) - unlawful detention - arrest, escorting and detention at the police station on 31/05/2020 as an administrative suspect (the administrative offence record only compiled on 04/06/2020),
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
21974/21 07/04/2021 | Natalya Andreyevna BARANOVA 1999
| Memorial Human Rights Centre Moscow | Moscow 22/03/2020 Protest against politics of President Putin
| article 20.2 § 5 of CAO fine of RUB 10,000 | Moscow City Court 28/10/2020 |
| Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 3,500 | |
23460/21 13/04/2021 | Nikita Aleksandrovich ALEKSEYEV 2000
| Vasilyev Nikolay Vladimirovich Moscow | Moscow 09/06/2020 Support of arrested protest activists D. Ivanov and E. Yunusov | article 20.2 § 5 of CAO fine of RUB 10,000 | Moscow City Court 14/10/2020 |
| Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - | 3,500 | |
24181/21 16/04/2021 | Mariya Sergeyevna CHERNYKH 1987
| Memorial Human Rights Centre Moscow | Moscow, 07/07/2020, Support of journalist I. Safonov | article 20.2 § 5 of CAO fine of RUB 10,000 | Moscow City Court 22/10/2020 |
| Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
| 3,500 | |
42995/21 10/08/2021 | Raisa Vladimirovna MOROZOVA 1954
| Lepekhin Andrey Gennadyevich Chelyabinsk | Chelyabinsk 24/12/2020 Support of A. Navalnyy
| article 20.1 § 1 of CAO fine of RUB 500 | Chelyabinsk Regional 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 | 3,500 | |
52725/21 15/10/2021 | Daniil Enverovich ROZOVSKIY 1997
| Memorial Human Rights Centre Moscow | Moscow 23/01/2021 Support of A. Navalnyy | article 20.2 § 5 of CAO fine of RUB 20,000 | Moscow City Court 16/04/2021
|
| Art. 5 (1) - unlawful detention - arrest, escorting to and detention at the police station on 23/01/2021 for the sole purpose of 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 | |
30738/22 07/06/2022 | Svetlana Vasilyevna NAKHIMOVICH 1948
| Markin Konstantin Aleksandrovich Velikiy Novgorod | Novgorod 03/03/2022 Anti-war protest | article 20.2 § 2 of CAO administrative fine of RUB 20,000 | Novgorod Regional Court 20/04/2022 | distance requirement - event classified as assembly post facto | Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 03/03/2022 for the sole purpose of drawing up a record of administrative offence; failure to draw up an escort record,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
31741/22 07/06/2022 | Yelena Vladimirovna PAVLOVA 1946
| Markin Konstantin Aleksandrovich Velikiy Novgorod | Novgorod 03/03/2022 Anti-war protest | article 20.2 § 2 of CAO administrative fine of RUB 20,000 | Novgorod Regional Court 19/04/2022 | distance requirement - event classified as assembly post facto | Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 03/03/2022 for the sole purpose of drawing up an administrative offence record,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
47795/22 15/09/2022 | Ilya Khaimovich MYASKOVSKIY 1971
| Kulikov Sergey Sergeyevich Nizhniy Novgorod | Nizhniy Novgorod 19/03/2022 Anti-war protest
(the applicant was taking pictures of another person who staged an anti-war solo demonstration)
| article 20.2 § 5 of CAO fine of RUB 10,000 | Nizhniy Novgorod Regional Court 06/07/2022 |
| Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings
| 4,000 | |
52475/22 20/10/2022 | Yelizaveta Andreyevna NEMZER 1996
|
| Moscow 24/02/2022 Anti-war protest | article 20.2 § 5 of CAO fine of RUB 20,000 | Moscow City Court 27/07/2022
| distance requirement - event classified as assembly post facto | Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention (i) on 24/02/2022 and (ii) on 02/03/2022, each time for the sole purpose of drawing up the offence record,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - both sets of proceedings,
Art. 11 (2) - disproportionate measures against organisers and participants of public assemblies - Rally against the war in Ukraine, 02/03/2022, Moscow – arrest, conviction under article 20.2 § 5 of CAO, fine of RUB 15,000, final judgment of 23/06/2022 by the Moscow City Court | 4,000 | |
57638/22 19/11/2022 | Maria Nikolayevna PETROVSKAYA 1985
| Tyurina Kristina Olegovna Nizhniy Novgorod | Nizhniy Novgorod 19/03/2022 Anti-war protest | article 20.2 § 5 of CAO fine of RUB 10,000 | Nizhny Novgorod Regional Court 20/07/2022 |
| Art. 5 (1) - unlawful detention - arrest, applicant taken to a police station on 19/03/2022 for the sole purpose of drawing 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 | |
3804/23 25/12/2022 | Aleksandr Nikolayevich GORELOV 1984
| Tyurina Kristina Olegovna Nizhniy Novgorod | Reshetikha Nizhniy Novgorod Region 06/03/2022 Anti-war protest
(the applicant parked his car with anti-war posters on it in a town centre and left the venue)
| article 20.2 § 2 of CAO fine of RUB 20,000 | Nizhniy Novgorod Regional Court 25/08/2022
|
| Art. 5 (1) - unlawful deprivation of liberty - arrest, escorting to a police station and detention on 07/07/2022 for the sole purpose of drawing up a record of administrative offence in respect of the events of 06/03/2022,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
12794/23 24/10/2022 | Polina Aleksandrovna LABINSKAYA 1982
|
| Moscow 07/03/2022 Anti-war protest | article 20.2 § 5 of CAO administrative fine of RUB 10,000 | Moscow City Court 01/07/2022 | ban on public events at certain locations - the State Duma | Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 07/03/2022 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 |
[1] Plus any tax that may be chargeable to the applicants.