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You are here: BAILII >> Databases >> European Court of Human Rights >> RYZHOVA AND OTHERS v. RUSSIA - 79729/13 (Judgment : Article 11 - Freedom of assembly and association : Third Section Committee) [2023] ECHR 316 (06 April 2023) URL: http://www.bailii.org/eu/cases/ECHR/2023/316.html Cite as: [2023] ECHR 316, CE:ECHR:2023:0406JUD007972913, ECLI:CE:ECHR:2023:0406JUD007972913 |
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THIRD SECTION
CASE OF RYZHOVA AND OTHERS v. RUSSIA
(Applications nos. 79729/13 and 21 others –
see appended list)
JUDGMENT
STRASBOURG
6 April 2023
This judgment is final but it may be subject to editorial revision.
In the case of Ryzhova and Others v. Russia,
The European Court of Human Rights (Third Section), sitting as a Committee composed of:
Peeter Roosma, President,
Ioannis Ktistakis,
Andreas Zünd, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 16 March 2023,
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 and/or participants of public assemblies. Some applicants also raised other complaints under the provisions of the Convention.
THE LAW
I. 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.
II. ALLEGED VIOLATION OF ARTICLE 11 OF THE CONVENTION
6. The applicants complained principally of disproportionate measures taken against them as organisers and/or participants of public assemblies, namely the dispersal of these assemblies, as well as the applicants’ arrest followed by their conviction for an administrative offence. They relied, expressly or in substance, on Article 11 of the Convention.
7. 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).
8. 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.
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 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”.
10. These complaints are therefore admissible and disclose a breach of Article 11 of the Convention.
III. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW
11. 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. Having examined all the material before it, the Court concludes that they also disclose violations of the Convention in the light of its well‑established case-law (see Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 84-138, 10 April 2018, as regards unlawful administrative arrest, and Karelin v. Russia, no. 926/08, 20 September 2016, concerning examination of criminal cases in the absence of a prosecuting party in the judicial proceedings governed by the Federal Code of Administrative Offences(CAO)).
IV. REMAINING COMPLAINTS
12. In view of its findings above, the Court considers that there is no need to deal separately with the remaining complaints under Article 6 of the Convention raised by some of the applicants in relation to other aspects of the fairness of the proceedings.
V. APPLICATION OF ARTICLE 41 OF THE CONVENTION
13. Article 41 of the Convention provides:
“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”
14. 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,
1. Decides to join the applications;
2. Declares the complaints concerning the right to peaceful assembly and the other complaints under the well-established case-law of the Court, as set out in the appended table, admissible, and decides that it is not necessary to examine separately the remaining complaints under Article 6 of the Convention concerning other aspects of the fairness of the administrative-offence proceedings;
3. Holds that these applications disclose a breach of Article 11 of the Convention concerning the right to peaceful assembly;
4. 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);
5. 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 6 April 2023, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Peeter Roosma
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 charges |
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] | |
|
|
79729/13 28/11/2013 |
Yekaterina Nikolayevna RYZHOVA 1976 |
Bukvareva Aleksandra Alekseyevna Moscow |
Anti-government manifestation
Moscow
09/05/2013 |
Article 20.2 § 5 of CAO |
fine of RUB 5,000 |
Moscow City Court 30/09/2013 |
|
3,500 |
|
|
26673/14 28/03/2014 |
Ivan Vasilyevich ANOSHKIN 1980 |
Golichenko Mikhail Mikhaylovich Balashikha |
Manifestation in support of AIDS patients
Tolyatti
19/05/2013 |
Article 20.2 § 5 of CAO |
fine of RUB 10,000 |
Samara Regional Court 30/09/2013 |
|
3,500 |
|
|
68813/14 08/10/2014 |
Askhat Minnikhanovich NAZMUTDINOV 1948 |
|
Manifestation
Perm
12/06/2013 |
Article 20.2 § 2 of CAO |
fine of RUB 15,000 |
Perm Regional Court 09/04/2014 |
|
3,500 |
|
|
24845/15 17/04/2015 |
Mikhail Mikhaylovich NAZARENKO 1981 |
|
Public gathering
Mineralnye Vody
24/01/2015 |
Article 20.2 § 6.1 of CAO |
administrative detention of 5 days |
Stavropol Regional Court 18/03/2015 |
|
5,000 |
|
|
34454/15 18/06/2015 |
Ilmira Mansurovna SHAYKHRAZNOVA 1991 |
Mezak Ernest Aleksandrovich Saint-Barthélemy d’Anjou |
LGBT manifestation
Lipetsk
26/10/2014 |
Article 20.2 § 2 of CAO |
fine of RUB 20,000 |
Lipetsk Regional Court 18/12/2014 |
Art. 6 (1) - lack of impartiality of tribunal - lack of a prosecuting party in the administrative-offence proceedings. Final decision: Lipetsk Regional Court on 18/12/2014 |
3,500 |
|
|
4043/16 30/12/2015 |
Irina Vladimirovna PAYKACHEVA 1953 |
Mezak Ernest Aleksandrovich Saint-Barthélemy d’Anjou |
Manifestation to commemorate Boris Nemtsov
Murmansk, Five Corners Square
01/03/2015
|
Article 20.2 § 2 of CAO |
fine of RUB 20,000 |
Murmansk Regional Court 05/08/2015 |
Art. 6 (1) - lack of impartiality of tribunal - absence of the prosecuting party in the administrative offence proceedings: Final decision: Murmansk Regional Court on 05/08/2015 |
3,500 |
|
|
13326/16 27/02/2016 |
Yuriy Ilyich IZOTOV 1996 |
Kachanov Roman Yevgenyevich Yekaterinburg |
Piquet against human rights violations
Yekaterinburg
30/05/2015
|
Article 20.2 §1 of CAO |
fine of RUB 10,500 |
Sverdlovsk Regional Court 27/08/2015 |
|
3,500 |
|
|
38831/16 22/06/2016 |
Andrey Viktorovich KOROLEVSKIY 1988 |
|
Flash mob
Moscow
18/08/2015
Stroll for peace
Moscow
13/03/2016 |
Article 20.2 § 5 of CAO
Article 20.2 § 5 of CAO |
fine of RUB 10,000
fine of RUB 10,000 |
Moscow City Court 22/01/2016
Moscow City Court 06/07/2016 |
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 13/03/2016 and on 18/08/2015 for the sole purpose of drawing up a record of administrative offence; on 18/08/2015 detained for 14 hours; raised on appeal,
Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in both sets of the administrative-offence proceedings: Final decisions: Moscow City Court on 22/01/2016 and 06/07/2016
|
5,000 |
|
|
63556/16 17/10/2016 |
Piter Leonid Karl MARS 1993 |
|
March for change
Moscow
12/12/2015 |
Article 19.3 § 1 of CAO |
fine of RUB 1,000 |
Moscow City Court 20/04/2016 |
Art. 6 (1) - lack of impartiality of tribunal - lack of a prosecuting party in the administrative-offence proceedings. Final decision: Moscow City Court on 20/04/2016
|
3,500 |
|
|
63614/16 26/10/2016 |
Aleksandr Sergeyevich PUCHKOV 1988 |
Zboroshenko Nikolay Sergeyevich Mytishchi |
Peace Protest ("Марш мира")
Moscow
27/09/2015 |
Article 20.2 § 5 of CAO |
fine of RUB 15,000 |
Moscow City Court 26/04/2016 |
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - unrecorded arrest and detention for 5 hours for the sole purpose of drawing up a record of administrative offence on 27/09/2015, raised on appeal,
Art. 6 (1) - lack of impartiality of tribunal - in view of the absence of a prosecuting party in the administrative-offence proceedings. Final decision: Moscow City Court on 26/04/2016
|
4,000 |
|
|
64477/16 25/10/2016 |
Aleksandr Veniaminovich SHCHERBAKOV 1977 |
Zboroshenko Nikolay Sergeyevich Mytishchi |
Stroll to protest the policy towards Ukraine
Moscow
18/08/2015 |
Article 20.2 § 5 of CAO |
fine RUB 10,000 |
Moscow City Court 26/04/2016 |
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 18/08/2015 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence, raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court on 26/04/2016 |
4,000 |
|
|
73182/16 22/11/2016 |
Olga Pavlovna ILYICHEVA 1976 |
|
March for change
Moscow
12/12/2015 |
Article 19.3 § 1 of CAO |
fine of RUB 1,000 |
Moscow City Court 24/05/2016 |
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - unreasoned arrest on 12/12/2015; detention in excess of 3 hours; raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court on 24/05/2016
|
4,000 |
|
|
74418/16 22/11/2016 |
Sergey Vladimirovich CHINENOV 1972 |
Zboroshenko Nikolay Sergeyevich Mytishchi |
March for change
Moscow
12/12/2015 |
Article 19.3 § 1 of CAO |
fine of RUB 1,000 |
Moscow City Court 24/05/2016 |
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court on 24/05/2016
|
3,500 |
|
|
78177/16 28/11/2016 |
Vasiliy Ivanovich NEDOPEKIN 1997 |
Zboroshenko Nikolay Sergeyevich Mytishchi |
Manifestation
Moscow
08/03/2016
Manifestation
Moscow
25/03/2016
Manifestation near the United Russia Headquarters
Moscow
04/07/2016
|
Article 20.2 § 5 of CAO
Article 19.3 § 1 of CAO
Article 20.2 § 2 of CAO |
fine of RUB 10,000
fine of RUB 1,000
fine of RUB 10,000 |
Moscow City Court 30/05/2016
Moscow City Court 02/08/2016
Moscow City Court 16/11/2016 |
Art. 6 (1) - lack of impartiality of tribunal - absence of the prosecuting party in all sets of the administrative proceedings: Final decisions: Moscow City Court on 30/05/2016, 02/08/2016 and 16/11/2016 |
4,000 |
|
|
3997/17 27/12/2016 |
Anna Anatolyevna BOKLER 1994 |
|
Procession for peace
Moscow
13/03/2016 |
Article 20.2 § 5 of CAO |
fine of RUB 10,000 |
Moscow City Court 06/07/2016 |
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - Final decision: Moscow City Court on 06/07/2016
|
3,500 |
|
|
35326/17 06/05/2017 |
Olga Vitalyevna ISHLINSKAYA 1990 |
Zboroshenko Nikolay Sergeyevich Mytishchi |
Manifestation the United Russia Headquarters (at 12.30 p.m.)
Moscow
01/07/2016
Manifestation near the United Russia Headquarters (at 7 p.m.)
Moscow
01/07/2016
Manifestation near the United Russia Headquarters
Moscow
02/07/2016
|
Article 20.2 § 5 of CAO
Article 20.2 § 5 of CAO
Article 20.2 § 5 of CAO |
fine of RUB 10,000
fine of RUB 10,000
fine of RUB 10,000 |
Moscow City Court 16/11/2016
Moscow City Court 16/11/2016
Moscow City Court 26/05/2017
|
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention in excess of 3 hours on 01/07/2016 at 12.30 p.m. and then at 7 p.m., following the applicant’s return to take part in the evening manifestation, and on 02/07/2016 for the sole purpose of drawing up a record of administrative offence; raised on appeal;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings (all sets of the proceedings). Final decisions: Moscow City Court on 16/11/2016 (two decisions) and 26/05/2017
|
5,000 |
|
|
35460/17 06/05/2017 |
Nadezhda Vladimirovna SOBOLKOVA 1966 |
Zboroshenko Nikolay Sergeyevich Mytishchi |
Manifestation near the United Russia Headquarters (at 12.30 p.m.)
Moscow
01/07/2016
Manifestation near the United Russia Headquarters (at 7 p.m.)
Moscow
01/07/2016
Manifestation near the United Russia Headquarters
Moscow
02/07/2016
|
Article 20.2 § 5 of CAO
Article 20.2 § 5 of CAO
Article 20.2 § 5 of CAO |
fine of RUB 10,000
fine of RUB 10,000
fine of RUB 10,000 |
Moscow City Court 16/11/2016
Moscow City Court 16/11/2016
Moscow City Court 26/05/2017 |
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 01/07/2016 around 12.30 p.m. and then after 7 p.m., following the applicant’s return to take part in the evening manifestation, and on 02/07/2016 in excess of 3 hours for the sole purpose of drawing up a record of administrative offence; raised on appeal;
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings (all sets of the proceedings). Final decisions: Moscow City Court on 16/11/2016 (two decisions) and 26/05/2017 |
5,000 |
|
|
35583/17 06/05/2017 |
Svetlana Vladimirovna DEMINA 1977 |
Zboroshenko Nikolay Sergeyevich Mytishchi |
Manifestation near the United Russia Headquarters (at 12.30 p.m.)
Moscow
01/07/2016
Manifestation near the United Russia Headquarters (at 7 p.m.)
Moscow
01/07/2016
Manifestation near the United Russia Headquarters (at 12.30 p.m.)
Moscow
02/07/2016
|
Article 20.2 § 5 of CAO
Article 20.2 § 5 of CAO
Article 20.2 § 5 of CAO |
fine of RUB 10,000
fine of RUB 10,000
fine of RUB 10,000 |
Moscow City Court 30/05/2017
Moscow City Court 16/11/2016
Moscow City Court 24/05/2017 |
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 01/07/2016 around 12.30 p.m. and then after 7 p.m., following the applicant’s return to take part in the evening manifestation, and on 02/07/2016, in excess of 3 hours for the sole purpose of drawing up a record of administrative offence; raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings (in all sets of the proceedings). Final decisions: Moscow City Court on 16/11/2016, 24/05/2017 and 30/05/2017 |
5,000 |
|
|
35611/17 06/05/2017 |
Timur Vladimirovich ANISIMOV 1986 |
Zboroshenko Nikolay Sergeyevich Mytishchi |
Manifestation near the United Russia Headquarters (at 12.30 p.m.)
Moscow, Bannyy Pereulok
01/07/2016
Manifestation near the United Russia Headquarters (at 7 p.m.)
Moscow, Bannyy Pereulok
01/07/2016
|
Article 20.2 § 5 of CAO
Article 20.2 § 5 of CAO |
fine of RUB 10,000
fine of RUB 10,000 |
Moscow City Court 16/11/2016
Moscow City Court 16/11/2016 |
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 01/07/2016 around 12.30 p.m. and then after 7 p.m., following the applicant’s return to take part in the evening manifestation, both times detention in excess of 3 hours for the sole purpose of drawing up a record of administrative offence; raised on appeal,
Art. 6 (1) - lack of impartiality of tribunal - absence of a prosecuting party in administrative proceedings (in both sets): Final decisions: Moscow City Court on 16/11/2016 (two decisions)
|
4,000 |
|
|
35852/17 06/05/2017 |
Svetlana Vasilyevna VDOVINA 1962 |
Zboroshenko Nikolay Sergeyevich Mytishchi |
Manifestation near the United Russia Headquarters (12.30 p.m.)
Moscow, Bannyy Pereulok
01/07/2016
Manifestation near the United Russia Headquarters (at 7 p.m.)
Moscwow, Bannyy Pereulok
01/07/2016
|
Article 20.2 § 5 of CAO
Article 20.2 § 5 of CAO |
fine of RUB 10,000
fine of RUB 10,000 |
Moscow City Court 26/05/2017
Moscow City Court 16/11/2016 |
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 01/07/2016 around 12.30 p.m. and then after 7 p.m., following the applicant’s return to take part in the evening manifestation, both times in excess of 3 hours, for the sole purpose of drawing up a record of administrative offence; raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in both sets of the administrative-offence proceedings. Final decisions: Moscow City Court on 16/11/2016 and 26/05/2017
|
4,000 |
|
|
37599/17 06/05/2017 |
Elmira Ansarovna GUBEROVA 1980 |
Zboroshenko Nikolay Sergeyevich Mytishchi |
Manifestation near the United Russia Headquarters (at 12.30 p.m.)
Moscow
01/07/2016 |
Article 20.2 § 5 of CAO |
fine of RUB 10,000 |
Moscow City Court 16/11/2016 |
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - unrecorded detention following the apprehension by the police on 01/07/2016; raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. Final decision: Moscow City Court on 16/11/2016
|
4,000 |
|
|
37728/17 05/05/2017 |
Luiza Aleksandrovna MARTYANOVA 1988 |
Zboroshenko Nikolay Sergeyevich Mytishchi |
Manifestation near the United Russia Headquarters (at 12.30 p.m.)
Moscow
01/07/2016
Manifestation near the United Russia Headquarters (at 7 p.m.)
Moscow
01/07/2016 |
Article 20.2 § 5 of CAO
Article 20.2 § 2 of CAO |
fine of RUB 10,000
fine of RUB 10,000 |
Moscow City Court 22/05/2017
Moscow City Court 22/05/2017 |
Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - arrest and detention on 01/07/2016 around 12.30 p.m. and then after 7 p.m., following the applicant’s return to take part in the evening manifestation, both times in excess of 3 hours for the sole purpose of drawing up a record of administrative offence; raised on appeal,
Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - in respect of both sets of the proceedings. Final decisions: Moscow City Court on 22/05/2017 (two decisions)
|
4,000 |
