THIRD SECTION

CASE OF DUBINKIN AND OTHERS v. RUSSIA

(Applications nos. 42985/21 and 25 others –

see appended list)

 

 

 

 

 

 

JUDGMENT

 

STRASBOURG

13 November 2025

 

 

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


In the case of Dubinkin and Others v. Russia,

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

 Úna Ní Raifeartaigh, President,
 Mateja Đurović,
 Vasilka Sancin, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 23 October 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. 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, 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 2006XIV, and Hyde Park and Others v. Moldova, no. 33482/06, 31 March 2009). It further refers to Nemytov and Others v. Russia, nos. 1257/21 and 2 others, 27 May 2025, in so far as the application by the authorities of the COVID-19-related restrictions to assemblies are concerned.

9.  In the leading case of Nemytov and Others (cited above) the Court found a violation in respect of issues similar to those in the present case (see further 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).

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, 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 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; and Karelin v. Russia, no. 926/08, §§ 5885, 20 September 2016, concerning the absence of a prosecuting party in the proceedings under the Code of Administrative Offences (the CAO).

  1. REMAINING COMPLAINTS

14.  Some applicants raised further additional complaints under Article 6 of the Convention concerning other aspects of the fairness of the administrative-offence proceedings. In view of the findings in paragraphs 1113 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 the 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 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 13 November 2025, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

 

 Viktoriya Maradudina Úna Ní Raifeartaigh

 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 case-law

Amount awarded for pecuniary and non-pecuniary damage

and costs and expenses per applicant

(in euros)[1]

  1.    

42985/21

09/08/2021

Maksim Georgiyevich DUBINKIN

1983

 

Polyakov Daniil Alekseyevich

Voronezh

Rally "Free Navalnyy"

 

Voronezh

 

23/01/2021

article 20.2 § 5 of CAO

30 hours of community works

Voronezh Regional Court

11/02/2021

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

3,500

  1.    

58500/21

26/11/2021

Stanislav Denisovich FILIMONOV

1998

 

Pershakova Yelena Yuryevna

Moscow

Rally "Free Navalnyy"

 

Voronezh

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Voronezh Regional Court

28/05/2021

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

3,500

  1.    

58678/21

13/11/2021

Irina Dmitriyevna MYAZINA

2000

 

Polyakov Daniil Alekseyevich

Voronezh

Rally "Free Navalnyy"

 

Voronezh

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Voronezh Regional Court

13/05/2021

Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 31/01/2021,

 

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

 

4,000

  1.    

60808/21

24/11/2021

Maksim Vladimirovich GOLOV

1988

 

Polyakov Daniil Alekseyevich

Voronezh

Rally "Free Navalnyy"

 

Voronezh

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 12,000

Voronezh Regional Court

25/05/2021

Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 31/01/2021,

 

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

4,000

  1.    

13490/22

04/02/2022

Artem Valeryevich VAKALOV

1988

 

Mikhaylova Varvara Dmitriyevna

St Petersburg

Rally "Free Navalnyy"

 

St Petersburg

 

31/01/2022

article 20.2.2. § 1 of CAO

fine of RUB 10,000

St Petersburg City Court

05/08/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 1.00 p.m. on 31/01/2021 until 8.00 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.

4,000

  1.    

13908/22

08/02/2022

Murad Serazhutdinovich ORUDZHEV

1982

 

Mikhaylova Varvara Dmitriyevna

St Petersburg

Rally "Free Navalnyy"

 

St Petersburg

 

21/04/2021

article 20.2.2. § 1 of CAO

fine of RUB 10,000

St Petersburg City Court

18/11/2021

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 11.55 p.m. on 21/04/2021 until 1.00 p.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.

4,000

  1.    

33618/22

20/06/2022

Yuliya Igorevna YAKOVLEVA

1989

 

Gerasimov Dmitriy Georgiyevich

St Petersburg

Anti-war protest

 

St Petersburg

 

01/03/2022

article 20.2.2. § 1 of CAO

community work of 98 hours

St Petersburg City Court

15/03/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 8.15 p.m. on 01/03/2022 until the court’s hearing held 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.    

34378/22

22/06/2022

Rodion Albertovich LOSICH

1989

 

Semenov Daniil Aleksandrovich

St Petersburg

Anti-war protest

 

St Petersburg

 

21/04/2021

article 20.2.2. § 1 of CAO

fine of RUB 10,000

St Petersburg City Court

23/12/2021

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.    

36752/22

15/07/2022

Mariya Konstantinovna TUZHILOVA

1993

 

Mikhaylova Varvara Dmitriyevna

St Petersburg

Anti-war protest

 

St Petersburg

 

06/03/2022

article 20.2.2. § 1 of CAO

fine of RUB 10,000

St Petersburg City Court

05/04/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 4.30 p.m. on 06/03/2022 until 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.  

36753/22

15/07/2022

Nikolay Nikolayevich TUZHILOV

1994

 

Mikhaylova Varvara Dmitriyevna

St Petersburg

Anti-war protest

 

St Petersburg

 

06/03/2022

article 20.2.2. § 1 of CAO

fine of RUB 10,000

St Petersburg City Court

05/04/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 4.30 p.m. on 06/03/2022 until 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.  

37366/22

21/07/2022

Liliya Kurusovna ISMAGILOVA

1969

 

Mikhaylova Varvara Dmitriyevna

St Petersburg

Anti-war protest

 

St Petersburg

 

27/02/2022

article 20.2.2. § 1 of CAO

fine of RUB 20,000

St Petersburg City Court

31/03/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 5.30 p.m. on 27/02/2022 until 9.03 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.  

37373/22

21/07/2022

Kristina Mikhaylovna MALOLETKINA

1999

 

Mikhaylova Varvara Dmitriyevna

St Petersburg

Anti-war protest

 

St Petersburg

 

27/02/2022

article 20.2.2. § 1 of CAO

fine of RUB 10,000

St Petersburg City Court

19/04/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 7.45 p.m. on 27/02/2022 for the following 5 hours,

 

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.  

37452/22

21/07/2022

Diana Rinatovna GARIFANOVA

2002

 

Mikhaylova Varvara Dmitriyevna

St Petersburg

Anti-war protest

 

St Petersburg

 

25/02/2022

article 20.2.2. § 1 of CAO

fine of RUB 11,000

St Petersburg City Court

29/03/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 11.30 p.m. on 25/02/2022 until 1.20 p.m. on 26/02/2022,

 

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.  

37461/22

21/07/2022

Yevgeniy Ruslanovich KOVRIGIN

1997

 

Mikhaylova Varvara Dmitriyevna

St Petersburg

Anti-war protest

 

St Petersburg

 

27/02/2022

article 20.2.2. § 1 of CAO

fine of RUB 10,000

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 6.20 p.m. on 27/02/2022 until 1.20 a.m. 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.  

38414/22

22/07/2022

Mariya Andreyevna RYABUNINA

2003

 

Gerasimova Yekaterina Viktorovna

St Petersburg

Anti-war protest

 

St Petersburg

 

06/03/2022

article 20.2.2. § 1 of CAO

fine of RUB 10,000

St Petersburg City Court

24/05/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 8.00 p.m. on 06/03/2022 until 4.20 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.  

38424/22

22/07/2022

Vladislav Olegovich GORLACHEV

1996

 

Gerasimova Yekaterina Viktorovna

St Petersburg

Anti-war protest

 

St Petersburg

 

27/02/2022

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 after compiling an offence report from 7.10 p.m. on 27/02/2022 until 4.25 p.m. 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.  

38427/22

22/07/2022

Kristina Gennadyevna STOYANOVA

1982

 

Gerasimova Yekaterina Viktorovna

St Petersburg

Anti-war protest

 

St Petersburg

 

28/02/2022

article 20.2.2. § 1 of CAO

fine of RUB 10,000

St Petersburg City Court

24/05/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 11.15 p.m. on 28/02/2022 until 3.30 p.m. on 01/03/2022,

 

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.  

38457/22

22/07/2022

Anna Mikhaylovna KAMOLINA

1985

 

Gerasimova Yekaterina Viktorovna

St Petersburg

Anti-war protest

 

St Petersburg

 

27/02/2022

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 after compiling an offence report from 6.10 p.m. on 27/02/2022 until 4.44 p.m. 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.  

38458/22

22/07/2022

Margarita Yevgenyevna MURZINOVA

1992

 

Gerasimova Yekaterina Viktorovna

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

29/03/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 6.20 p.m. on 27/02/2022 until 2.40 a.m. 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.  

38804/22

29/07/2022

Mariya Aleksandrovna RODOMANOVA

2003

 

Pilipenko Anastasiya Vladimirovna

St Petersburg

Anti-war protest

 

St Petersburg

 

24/02/2022

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 after compiling an offence report from 7.00 p.m. on 24/02/2022 until the court’s hearing held 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.  

38809/22

29/07/2022

Ivan Viktorovich OBIDEYKO

1988

 

Pilipenko Anastasiya Vladimirovna

St Petersburg

Anti-war protest

 

St Petersburg

 

24/02/2022

article 20.2.2. § 1 of CAO

fine of RUB 10,000

St Petersburg City Court

29/03/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 7.00 p.m. on 24/02/2022 until the court’s hearing held 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.  

40266/22

04/08/2022

Maya Vitalyevna YURKSHAT

1992

 

Ivanov Nikifor Yuryevich

St Petersburg

Anti-war protest

 

St Petersburg

 

24/02/2022

article 20.2.2. § 1 of CAO

fine of RUB 10,000

St Petersburg City Court

05/04/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 9.25 p.m. on 24/02/2022 until the court’s hearing held 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.  

40274/22

04/08/2022

Grigoriy Aleksandrovich KNYAZEV

2000

 

Ivanov Nikifor Yuryevich

St Petersburg

Anti-war protest

 

St Petersburg

 

24/02/2022

article 20.2.2. § 1 of CAO

fine of RUB 10,000

St Petersburg City Court

05/04/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 9.25 p.m. on 24/02/2022 until the court’s hearing held 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.  

40276/22

04/08/2022

Dmitriy Dmitriyevich ROZHKOV

1990

 

Ivanov Nikifor Yuryevich

St Petersburg

Anti-war protest

 

St Petersburg

 

24/02/2022

article 20.2.2. § 1 of CAO

fine of RUB 10,000

St Petersburg City Court

05/04/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 10.13 p.m. on 24/02/2022 until the court’s hearing held 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.  

44604/22

18/08/2022

Yevgeniya Viktorovna SHAKIRZYANOVA

1992

 

Ivanov Nikifor Yuryevich

St Petersburg

Anti-war protest

 

St Petersburg

 

26/02/2022

article 20.2.2. § 1 of CAO

fine of RUB 5,000

St Petersburg City Court

19/04/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 8.10 p.m. on 26/02/2022 until the court’s hearing held 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.  

44608/22

18/08/2022

Vladimir Yuryevich NENOV

1992

 

Ivanov Nikifor Yuryevich

St Petersburg

Anti-war protest

 

St Petersburg

 

26/02/2022

article 20.2.2. § 1 of CAO

fine of RUB 10,000

St Petersburg City Court

19/04/2022

Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 9.15 p.m. on 26/02/2022 until the court’s hearing held 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] Plus any tax that may be chargeable to the applicants.