THIRD SECTION

CASE OF POPOVA AND OTHERS v. RUSSIA

(Applications nos. 3125/22 and 20 others –

see appended list)

 

 

 

 

 

 

JUDGMENT
 

STRASBOURG

18 September 2025


This judgment is final but it may be subject to editorial revision.


In the case of Popova and Others v. Russia,

The European Court of Human Rights (Third Section), sitting as a Committee composed of:

 Diana Kovatcheva, President,
 Canòlic Mingorance Cairat,
 Vasilka Sancin, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 28 August 2025,

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, notably in connection with their participation in various public events in breach of COVID-19-related restrictions. They also raised other complaints under the provisions of the Convention.

THE LAW

  1. JOINDER OF THE APPLICATIONS

5.  Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.

  1. JURISDICTION

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, §§ 6873, 17 January 2023).

  1. ALLEGED VIOLATION OF ARTICLE 11 OF THE CONVENTION

7.  The applicants complained principally of disproportionate measures taken against them as organisers or participants of public assemblies in connection with their participation in various public events in breach of COVID-19-related restrictions, 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). It further refers to Nemytov and Others, no. 1257/21 and 2 Others, 27 May 2025, in so far as the application by the authorities of the COVID19related restrictions to assemblies are concerned.

9.  In the leading cases of Nemytov and Others, cited above, 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.

  1. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW

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, concerning the lack of suspensive effect of an appeal against the sentence of administrative detention.

  1. REMAINING COMPLAINTS

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 11 and 13 above, the Court considers that there is no need to deal separately with these remaining complaints.

  1. APPLICATION OF ARTICLE 41 OF THE CONVENTION

15.  Regard being had to the documents in its possession and to its caselaw (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,

  1. Decides to join the applications;
  2. Holds that it has jurisdiction to deal with these applications as they relate to facts that took place before 16 September 2022;
  3. Declares the complaints under Article 11 of the Convention and the other complaints under the well-established case-law of the Court, as set out in the appended table, admissible, and finds that there is no need to examine separately the remaining complaints under Article 6 of the Convention;
  4. Holds that these applications disclose a breach of Article 11 of the Convention;
  5. Holds that there has been a violation of the Convention and the Protocols thereto as regards the other complaints raised under the well-established case-law of the Court (see appended table);
  6. Holds

(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 18 September 2025, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

 

Viktoriya Maradudina Diana Kovatcheva

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 offence

Penalty

Final domestic decision

Court Name

Date

Other complaints under well-established caselaw

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant

(in euros)[1]

  1.    

3125/22

02/12/2021

Olga Petrovna POPOVA

1997

 

Memorial Human Rights Centre

Moscow

Rally “Free Navalnyy”

 

St Petersburg

 

02/02/2021

article 20.2.2. § 1 of CAO

fine of RUB 10,000

St Petersburg City Court

03/06/2021

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.    

17187/22

14/03/2022

Vasiliy Aleksandrovich VYALUSHKIN

1986

 

Baranova Natalya Andreyevna

Moscow

Rally “Free Navalnyy”

 

St Petersburg

 

21/04/2021

article 20.2.2 § 1 of CAO

fine of RUB 10,000

St Petersburg City Court

16/09/2021

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.

 

3,500

  1.    

29355/22

27/05/2022

Mariya Nikolayevna MOKINA

1997

 

Sirinova Olga Vladimirovna

St Petersburg

Anti-war protest

 

St Petersburg

 

02/03/2022

article 20.2.2. § 1 of CAO

fine of RUB 10,000

St Petersburg City Court

07/04/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station before and after compiling an offence report from 8.30 p.m. on 02/03/2022 until 2.00 p.m. on 03/03/2022.

4,000

  1.    

37621/22

12/07/2022

Valeriy Dmitriyevich YEZHOV

1995

 

Mangileva Vera Borisovna

Yekaterinburg

Anti-war protest

 

Yekaterinburg

 

06/03/2022

article 20.2 § 5 of CAO

30 hours of community service

Sverdlovsk Regional Court

09/06/2022

Art. 5 (1) - unlawful detention - arrest and escorting to the police station for compiling an offence report on 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.

4,500

  1.    

37853/22

22/07/2022

Katerina Sergeyevna BUSH

1987

 

Baranova Natalya Andreyevna

Moscow

Anti-war protest

 

St Petersburg

 

27/02/2022

article 20.2.2 § 1 of CAO

fine of RUB 10,000

St Petersburg City Court

05/04/2022

Art. 5 (1) - unlawful detention - arrest and escorting to the police station on 27/02/2022 for the sole purpose of drawing a record of administrative offence; detention until the court hearing on 28/02/2022,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.

4,000

  1.    

39796/22

03/08/2022

Valeriy Andreyevich KANIN

1986

 

Baranova Natalya Andreyevna

Moscow

Anti-war protest

 

St Petersburg

 

01/03/2022

article 20.2.2 § 1 of CAO

fine of RUB 6,000

St Petersburg City Court

07/04/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station before and after compiling an offence report from 7.50 p.m. on 01/03/2022 until the court hearing at 12.15 p.m. on 02/03/2022,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.

4,000

  1.    

44630/22

26/08/2022

Margarita Viktorovna FESENKO

2003

 

Tkachenko Ilya Valeryevich

Kogalym

Anti-war protest

 

St Petersburg

 

24/02/2022

article 20.2.2 § 1 of CAO

fine of RUB 10,000

St Petersburg City Court

26/04/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station from 8.30 p.m. on 24/02/2022 until the court hearing at 2 p.m. on 25/02/2022,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.

 

4,000

  1.    

44839/22

15/08/2022

Mikhail Dmitriyevich ZABELIN

2000

 

 

 

Anti-war protest

 

St Petersburg

 

27/02/2022

article 20.2.2 § 1 of CAO

fine of RUB 10,000

St Petersburg City Court

21/04/2022

Art. 5 (1) - unlawful detention - detention in a police car from 5.15 p.m. until 6.50 p.m. on 27/02/2022, then escorting to the police station for compiling an offence report and detention at the police station until 11.30 p.m. on 27/02/2022,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.

4,000

  1.    

45958/22

07/09/2022

Yana Valeryevna LEBEDEVA

2002

 

Tkachenko Ilya Valeryevich

Kogalym

Anti-war protest

 

St Petersburg

 

24/02/2022

article 20.2.2 § 1 of CAO

fine of RUB 15,000

St Petersburg City Court

17/05/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 8.50 p.m. on 24/02/2022 until 12 p.m. on 25/02/2022,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.

4,000

  1.  

46123/22

24/08/2022

Ilya Yevgenyevich SAKHNO

1999

 

 

 

Anti-war protest

 

St Petersburg

 

06/03/2022

article 20.2.2 § 1 of CAO

detention for 10 days

St Petersburg City Court

28/04/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 3.50 p.m. on 06/03/2022 until 2 p.m. on 07/03/2022,

 

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

  1.  

46375/22

05/09/2022

Dmitriy Vladimirovich SERGEYEV

1984

 

Peredruk Aleksandr Dmitriyevich

St Petersburg

Anti-war protest

 

St Petersburg

 

06/03/2022

article 20.2.2 § 1 of CAO

fine of RUB 15,000

St Petersburg City Court

31/05/2022

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 3.30 p.m. until 9.40 p.m. on 06/03/2022.

4,000

  1.  

47537/22

15/09/2022

Dariya Birkhanovna SHCHEGLOVA

1998

 

Krikun Leonid Leonidovich

St Petersburg

Anti-war protest

 

St Petersburg

 

06/03/2022

article 20.2.2 § 1 of CAO

community service of 40 hours

St Petersburg City Court

24/05/2022

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 6.50 p.m. on 06/03/2022 until 09.20 a.m. on 07/03/2022.

4,500

  1.  

47618/22

12/09/2022

Darya Vladimirovna SPASSKAYA

2001

 

Baranova Natalya Andreyevna

Moscow

Anti-war protest

 

St Petersburg

 

25/02/2022

article 20.2.2 § 1 of CAO

fine of RUB 10,000

St Petersburg City Court

12/05/2022

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 8 p.m. on 25/02/2022 to 5.45 p.m. on 26/02/2022.

4,000

  1.  

47939/22

12/09/2022

Anastasiya Aleksandrovna KOLOMYTSEVA

1996

 

Gerasimov Dmitriy Georgiyevich

St Petersburg

Anti-war protest

 

St Petersburg

 

27/02/2022

article 20.2.2 § 1 of CAO

fine of RUB 15,000

St Petersburg City Court

14/06/2022

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 7.55 p.m. on 27/02/2022 until the court hearing on 28/02/2022.

4,000

  1.  

47943/22

12/09/2022

Yelizaveta Alekseyevna RUBSHINA

1994

 

Gerasimov Dmitriy Georgiyevich

St Petersburg

Anti-war protest

 

St Petersburg

 

27/02/2022

article 20.2.2 § 1 of CAO

fine of RUB 19,000

St Petersburg City Court

17/05/2022

Art. 5 (1) - unlawful detention - detention from 27/02/2022 to 28/02/2022. The applicant was taken to the police station 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

  1.  

47950/22

15/09/2022

Valeriya Aleksandrovna CHEMERISOVA

1999

 

 

 

Anti-war protest

 

Voronezh

 

06/03/2022

article 20.2 § 5 of CAO

fine of RUB 10,000

Voronezh Regional Court

02/06/2022

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.

4,000

  1.  

54405/22

26/10/2022

Sergey Aleksandrovich ZOLOTAREV

1996

 

 

 

Anti-war protest

 

St Petersburg

 

02/03/2022

article 20.2.2 § 1 of CAO

fine of RUB 10,000

St Petersburg City Court

28/06/2022

Art. 5 (1) – unlawful detention - detention from 7. 40 p.m. on 02/03/2022 to 4.10 p.m. on 03/03/2022,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.

 

4,000

  1.  

55758/22

09/11/2022

Alisa Vitalyevna MATVEYCHUK

1999

 

 

 

Anti-war protest

 

St Petersburg

 

06/03/2022

article 20.2.2 § 1 of CAO

fine of RUB 10,000

St Petersburg City Court

19/07/2022

Art. 5 (1) - unlawful detention - detention from 5.15 p.m. on 06/03/2022 to 00.30 a.m. on 07/03/2022,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.

4,000

  1.  

1180/23

19/12/2022

Evelina Mindaugo GUDAUSKAYTE

1999

 

 

 

Anti-war protest

 

St Petersburg

 

06/03/2022

article 20.2.2 § 1 of CAO

 fine of RUB 15,000

St Petersburg City Court

23/08/2022

Art. 5 (1) - unlawful detention - detention from 3.50 p.m. on 06/03/2022 to 00.20 p.m. on 07/03/2022,

 

Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings.

4,000

  1.  

3123/23

23/12/2022

Daniil Dmitriyevich POGUDIN

1997

 

Shiolashvili Mikhail Germanovich

St Petersburg

Anti-war protest

 

St Petersburg

 

27/02/2022

article 20.2.2 § 1 of CAO

fine of RUB 15,000

St Petersburg City Court

25/08/2022

Art. 5 (1) - unlawful detention – the applicant was taken to the police station as an administrative suspect: no evidence/assessment that it was impracticable, on the spot, to compile the offence record and to establish his identity (see Korneyeva v. Russia, no. 72051/17, § 34, 8 October 2019; Ryabinina and Others v. Russia [Committee], nos. 50271/06 and 8 other applications, § 35, 2 July 2019),

 

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.  

9414/23

09/02/2023

Olga Borisovna CHERNOMORETS

2001

 

 

 

Anti-war protest

 

St Petersburg

 

06/03/2022

article 20.2.2 § 1 of CAO

fine of RUB 10,000

St Petersburg City Court

11/10/2022

Art. 5 (1) - unlawful detention - detention from 4 p.m. on 06/03/2022 to 1 p.m. on 07/03/2022.

4,000

 


[1] Plus any tax that may be chargeable to the applicants.