THIRD SECTION

CASE OF POKATILOV AND OTHERS v. RUSSIA

(Applications nos. 22224/21 and 20 others –

see appended list)

 

 

 

 

 

 

JUDGMENT

 

STRASBOURG

11 December 2025

 

 

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


In the case of Pokatilov 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 20 November 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, including with reference to COVID-related restrictions which were in force at the material time in the relevant Russian regions. Some applicants 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 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.

11.  In particular, the Court acknowledges that wide margin of appreciation is allowed to the authorities dealing with the COVID-19 health crisis (see Nemytov and Others, cited above, §§ 115-17, and Central Unitaria de Traballadores/as v. Spain, no. 49363/20, § 81, 17 October 2024). At the time of relevant events (see the appended table), the virus was still actively circulating and various COVID-19 related restrictions were still in place generally pursuing a pressing social need to protect individual and public health (see Nemytov and Others, cited above, § 139).

12.  However, the Court notes that at the time of the events in the present cases (see the appended table) the regime of strict lockdowns in the relevant regions was no longer in force, several COVID-19-related restrictions had been altered or eased, indoors and outdoors sports, cultural, entertainment and other events could be held, albeit with some restrictions. Under these circumstances, no sufficient justification has been advanced as to why regional bans on all forms of protest were maintained, while leisure activities were allowed under certain conditions. Furthermore, the judicial decisions imposing sanctions on the applicants in the present cases lacked a meaningful proportionality analysis. Therefore, the fines and administrative detention orders by the domestic courts had been disproportionate to the aim pursued, and the domestic authorities overstepped the wide margin of appreciation afforded to them (see, mutatis mutandis, Nemytov and Others, cited above, §§ 136-51). Having regard to its case-law on the subject, the Court considers that in the instant cases the interferences with the applicants’ freedom of assembly were not “necessary in a democratic society”.

13.  These complaints are therefore admissible and disclose a breach of Article 11 of the Convention.

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

14.  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.

15.  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); Glukhin v. Russia, no. 11519/20, §§ 64-91, 4 July 2023, concerning processing of applicants’ personal biometric data by using highly intrusive facial recognition technology in administrative-offence proceedings in order to identify, locate and arrest them; and Novikova and Others v. Russia, nos. 25501/07 and 4 others, §§ 106-225, 26 April 2016, relating to disproportionate measures taken by the authorities against participants of solo manifestations.

  1. REMAINING COMPLAINTS

16.  Some applicants raised further additional complaints under various provisions of the Convention. In view of the findings in paragraphs 9-15 above, the Court considers that there is no need to deal separately with these remaining complaints.

  1. APPLICATION OF ARTICLE 41 OF THE CONVENTION

17.  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 raised by the applicants;
  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 11 December 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 wellestablished case-law

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

(in euros)[1]

  1.    

22224/21

02/04/2021

Sergey Andreyevich POKATILOV

2021

 

Ivanets Vyacheslav Sergeyevich

Tbilisi, Georgia

Rally in support of A. Navalnyy

 

Irkutsk

 

23/01/2021

article 20.2 § 2 of CAO

administrative detention of 10 days

Irkutsk Regional Court

28/01/2021

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

5,000

  1.    

24703/21

16/04/2021

Nina Aleksandrovna BELYAYEVA

1989

 

Sivoldayev Ilya Vladimirovich

Voronezh

Event in support of S. Furgal

 

Voronezh

 

25/07/2020

article 20.2 § 5 of CAO

fine of RUB 15,000

Voronezh Regional Court

21/10/2020

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

4,000

  1.    

33779/21

03/06/2021

Dmitriy Valeryevich IVANOV

1990

 

Glukhov Aleksey Vladimirovich

Novocheboksarsk

Rally in support of Navalnyy

 

Cheboksary

 

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Supreme Court of the Chuvashia Republic

11/03/2021

Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 23/01/2021 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.    

35148/21

25/06/2021

Vladislav Sergeyevich MAKAROV

1997

 

Memorial Human Rights Centre

Moscow

Rally in support of A. Navalnyy

 

Tula

 

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Tula Regional Court

18/03/2021

Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 23/01/2021 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.    

38189/21

16/07/2021

Oleg Valeryevich VLASOV

1987

 

Memorial Human Rights Centre

Moscow

Rally in support of A. Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 6.1 of CAO

fine of RUB 10,000

Moscow City Court

30/03/2021

Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 31/01/2021 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.    

41146/21

28/07/2021

Aleksey Anatolyevich TUPITSIN

1969

 

Ivanets Vyacheslav Sergeyevich

Tbilisi, Georgia

Rally in support of A. Navalnyy

 

Ust-Kut

 

21/04/2021

 

article 20.2 § 2 of CAO

administrative detention of 9 days

Irkutsk Regional 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

5,000

  1.    

45061/21

01/09/2021

Denis Viktorovich KUZNETSOV

1985

 

Pomazuyev Aleksandr Yevgenyevich

Vilnius

Rally in support of A. Navalnyy

 

Penza

 

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Penza Regional Court

18/03/2021

 

3,500

  1.    

45857/21

27/08/2021

Ilya Vladimirovich LESHUKOV

2003

 

Kychin Aleksey Mikhaylovich

Arkhangelsk

Rally in support of A. Navalnyy

 

Arkhangelsk

 

31/01/2021

 

 

Rally in support of A. Navalnyy

 

Arkhangelsk

 

21/04/2021

article 20.2 § 2 of CAO

 

 

 

 

 

 

article 20.2 § 8 of CAO

community works of 40 hours

 

 

 

 

 

fine of RUB 75,000

Arkhangelsk Regional Court

06/04/2021

 

 

 

 

 

Arkhangelsk Regional Court

10/06/2021

Art. 5 (1) - unlawful detention - escorting to the police station for and after drawing up a record of administrative offence, from 27/04/2021 to 28/04/2021,

 

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

 

4,000

  1.    

49611/21

17/09/2021

Anatoliy Mariyevich SVECHNIKOV

1972

 

Ruchko Irina Yuryevna

Yekaterinburg

Rally in support of A. Navalnyy

 

Yekaterinburg

 

23/01/2021

 

 

Rally in support of A. Navalnyy

 

Yekaterinburg

 

31/01/2021

article 20.2 § 5 of CAO

 

 

 

 

 

 

article 20.2 § 5 of CAO

20 hours of community work

 

 

 

 

 

20 hours of community work

Sverdlovsk Regional Court

28/07/2021

 

 

 

 

 

Sverdlovsk Regional Court

14/07/2021

Art. 5 (1) - unlawful detention – arrest, escorting to a police station, detention on 07/04/2021 at 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 - final decisions on 28/07/2021 and 14/07/2021 by the Sverdlovsk Regional Court (respectively, as to the rally on 23/01/2021 and the event on 06/03/2021 mentioned below),

 

Art. 10 (1) - disproportionate measures against solo demonstrators -

(i) on 06/03/2021 the applicant participated in a series of solo demonstrations against political persecution; the courts classified it as a single group event and sentenced the applicant to 30 hours of community work (article 20.2 § 5 of CAO, final decision on 14/07/2021 by the Sverdlovsk Regional Court);

and

(ii) on 27/02/2022 the applicant placed B. Nemtsov’s photograph and a candle at a public venue, to commemorate his murder; the courts classified it as participation in an assembly and sentenced him to administrative detention of thirty days, referring to the breach of the regional COVID regulations banning all public events such as rallies (article 20.2 § 8 of CAO, final decision on 04/03/2022 by the Sverdlovsk Regional Court)

5,000

  1.  

50886/21

01/10/2021

Dinar Ayratovich GIMAYEV

1982

 

Zhdanov Ivan Yuryevich

Vilnius

Rally in support of A. Navalnyy

 

Penza

 

23/01/2021

article 20.2 § 5 of CAO

20 hours of community service

Penza Regional Court

08/04/2021

Art. 5 (1) - unlawful detention - escorting to the police station on 23/01/2021 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

  1.  

51784/21

30/09/2021

Leonid Dmitriyevich YEGOROV

1996

 

 

 

Rally in support of A. Navalnyy

 

Samara

 

31/01/2021

article 20.2 § 5 of CAO

administrative fine of RUB 10,000

Samara Regional Court

01/04/2021

Art. 5 (1) - unlawful detention - arrest and detention from 31/01/2021 to 01/02/2021 for 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.  

52295/21

11/10/2021

Anastasiya Vladimirovna TSVETKOVA

1998

 

Martynova Tatyana Georgiyevna

Pskov

Rally in support of A. Navalnyy

 

Pskov

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 12,000

Pskov Regional Court

12/04/2021

Art. 5 (1) - unlawful detention – arrest, escorting to a police station and detention on 31/01/2021 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.  

55132/21

17/10/2021

Anastasiya Olegovna MARYINA

1994

 

Memorial Human Rights Centre

Moscow

Rally in support of A. Navalnyy

 

Tambov

 

21/04/2021

article 20.2 § 6.1 of CAO,

 

 

and

 

 

article 20.6.1 § 1 of CAO

administrative detention for 3 days

 

and

 

 

 fine of RUB 3,000

Tambov Regional Court

31/05/2021

 

and

 

 

Tambov Regional Court 01/07/2021

Art. 5 (1) - unlawful detention - escorting to the police station on 18/05/2021 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 - both sets of the proceedings,

 

Art. 8 (2) - restrictions on the right to private life of participants in public assemblies - use of facial recognition technology for the identification of the applicant as a participant of a rally and her subsequent conviction (raised on appeal).

5,000

  1.  

58745/21

11/11/2021

Viktoriya Igorevna MATSNEVA

1987

 

Memorial Human Rights Centre

Moscow

Rally in support of A. Navalnyy

 

Moscow

 

31/01/2021

 

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

13/05/2021

 

3,500

  1.  

59686/21

13/11/2021

Nadezhda Sergeyevna BELOVA

1983

 

Memorial Human Rights Centre

Moscow

Rally in support of A. Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

13/05/2021

Art. 5 (1) - unlawful detention – arrest, escorting to a police station, detention on 31/01/2021for the 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.  

5697/22

06/01/2022

Yevgeniya Viktorovna SURAVSKAYA

1989

 

Vlasov Aleksey Valeryevich

Tula

Rally in support of A. Navalnyy

 

Tula

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 15,000

Tula Regional Court

27/05/2021

 

(The applicant received a copy of the final judgment on 06/07/2021)

Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 31/01/2021 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

  1.  

14014/22

26/02/2022

Yelizaveta Mikhaylovna NOVIKOVA

2000

 

Kuroptev Aleksey Mikhaylovich

Balashikha

Rally in support of A. Navalnyy

 

Arkhangelsk

 

21/04/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Arkhangelsk Regional Court

31/08/2021

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.  

14344/22

14/01/2022

Igor Vladimirovich KOROBKOV

1989

 

Aksenova Darya Dmitriyevna

Kolomna

Rally in support of A. Navalnyy

 

Moscow

 

31/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Moscow City Court

15/07/2021

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.  

21710/22

08/04/2022

Valeriy Valentinovich SHLYKOV

1963

 

Memorial Human Rights Centre

Moscow

Rally in support of A. Navalnyy

 

Ivanovo

 

21/04/2021

article 20.2 § 5 of CAO

fine of RUB 12,000

Ivanovo Town Court

18/10/2021

Art. 5 (1) - unlawful detention - arrest, escorting to and detention at the police station on 21/04/2021 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

  1.  

24310/22

12/04/2022

Miroslav Arkadyevich YAKOVLEV

1961

 

Vlasov Aleksey Valeryevich

Tula

Rally in support of A. Navalnyy

 

Tula

 

23/01/2021

article 20.2 § 5 of CAO

fine of RUB 10,000

Tula Regional Court

07/09/2021

 

(The applicant received a copy of the final judgment of 07/09/2021 on 12/10/2021)

Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence record between 3 p.m. and 7 p.m. 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

4,000

  1.  

24618/22

06/08/2021

Dmitriy Yuryevich ANDREYEV

1986

 

Memorial Human Rights Centre

Moscow

Rally in support of A. Navalnyy

 

Penza

 

23/01/2021

article 20.2 § 5 of CAO

20 hours of community work

Penza Regional Court

01/04/2021

Art. 5 (1) - unlawful detention - arrest and detention from 3.20 p.m. to 8.30 p.m. on 23/01/2021 for the sole purpose of drawing up an administrative offence record

4,000

 


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