TARASENKO AND OTHERS v. RUSSIA - 51391/21 (Article 11 - Freedom of assembly and association : Second Section Committee) [2023] ECHR 994 (07 December 2023)

TARASENKO AND OTHERS v. RUSSIA - 51391/21 (Article 11 - Freedom of assembly and association : Second Section Committee) [2023] ECHR 994 (07 December 2023)

The Court found that the interferences with the applicants' freedom of assembly were not necessary in a democratic society and thus constituted a breach of Article 11. Further, the Court found violations of the Convention and its Protocols regarding unlawful detention, lack of impartiality in administrative...

Source-derived case information.

Citation
[2023] ECHR 994
Parties
Applicant: Ivan Nikolayevich Tarasenko; Applicant: Zakhar Dmitriyevich Alekseyev; Applicant: Ivan Albertovich Ovechkin; Applicant: Vitaliy Yevgenyevich Pasteryuk; Applicant: Maksim Olegovich Spichak; Applicant: Aleksey Gennadiyevich Chelmakin; Applicant: Anna Yuryevna Pridachina; Applicant: Karen Sergeyevich Lobyán; Applicant: Petr Alekseyevich Golikov; Applicant: Aleksey Aleksandrovich Michurin; Applicant: Valentina Nikolayevna Petrova; Applicant: Klim Sergeyevich Muratov; Applicant: Gelnara Rafikovna Sakhabiyeva; Applicant: Ivan Dmitriyevich Dorozhkin; Applicant: Anna Vladimirovna Nikolayeva; Applicant: Khristina Dzhonson Ramires; Applicant: Olga Ivanovna Shashkova; Applicant: Andrey Markovich Sorochkin; Applicant: Dmitriy Erikovich Ionov; Applicant: Ilnur Rafisovich Fatkhullin; Applicant: Ayrat Rustemovich Khalilullin; Applicant: Ramil Rustamovich Khayrutdinov; Applicant: Dinar Miyassarovich Yunusov; Applicant: Pavel Vitalyevich Yelkov; Applicant: Anna Vitalyevna Minikayeva; Applicant: Kamilya Danilovna Ziatdinova; Applicant: Timur Kakhramanovich Abdurakhmanov; Applicant: Yegor Igorevich Petrov; Applicant: Sergey Olegovich Borisov; Applicant: Timur Agilyevich Mamedov; Applicant: Nikolay Valeryevich Serov; Respondent: Russian Federation
Jurisdiction
European Union
Judgment Date
07 December 2023
Procedural Posture
Applications Under Article 34 ECHR / Final Judgment
Outcome
Applications joined; complaints under Article 11 and other well-established case-law declared admissible; violations found; monetary awards ordered.
Legal Topics
Freedom of Assembly, Unlawful Detention, Administrative Offences, Right to Fair Trial, Proportionality of State Interference
Human Rights Law Constitutional Law Freedom of Assembly Unlawful Detention Administrative Offences Right to Fair Trial Proportionality of State Interference

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Parties

Ivan Nikolayevich Tarasenko

Applicant

Zakhar Dmitriyevich Alekseyev

Applicant

Ivan Albertovich Ovechkin

Applicant

Vitaliy Yevgenyevich Pasteryuk

Applicant

Maksim Olegovich Spichak

Applicant

Aleksey Gennadiyevich Chelmakin

Applicant

Anna Yuryevna Pridachina

Applicant

Karen Sergeyevich Lobyán

Applicant

Petr Alekseyevich Golikov

Applicant

Aleksey Aleksandrovich Michurin

Applicant

Valentina Nikolayevna Petrova

Applicant

Klim Sergeyevich Muratov

Applicant

Gelnara Rafikovna Sakhabiyeva

Applicant

Ivan Dmitriyevich Dorozhkin

Applicant

Anna Vladimirovna Nikolayeva

Applicant

Khristina Dzhonson Ramires

Applicant

Olga Ivanovna Shashkova

Applicant

Andrey Markovich Sorochkin

Applicant

Dmitriy Erikovich Ionov

Applicant

Ilnur Rafisovich Fatkhullin

Applicant

Ayrat Rustemovich Khalilullin

Applicant

Ramil Rustamovich Khayrutdinov

Applicant

Dinar Miyassarovich Yunusov

Applicant

Pavel Vitalyevich Yelkov

Applicant

Anna Vitalyevna Minikayeva

Applicant

Kamilya Danilovna Ziatdinova

Applicant

Timur Kakhramanovich Abdurakhmanov

Applicant

Yegor Igorevich Petrov

Applicant

Sergey Olegovich Borisov

Applicant

Timur Agilyevich Mamedov

Applicant

Nikolay Valeryevich Serov

Applicant

Russian Federation

Respondent

Procedural Posture

Applications Under Article 34 ECHR / Final Judgment

Legal Issues

  1. 1 Whether the measures taken against applicants as organisers or participants of public assemblies were disproportionate and violated Article 11 of the Convention
  2. 2 Whether there were further violations under Article 5 (unlawful detention), Article 6 (lack of impartiality), and Protocol 7 Article 2 (lack of suspensive effect of appeal)

Ratio Decidendi

The Court found that the interferences with the applicants' freedom of assembly were not necessary in a democratic society and thus constituted a breach of Article 11. Further, the Court found violations of the Convention and its Protocols regarding unlawful detention, lack of impartiality in administrative proceedings, and lack of suspensive effect of appeals, in line with its well-established case-law.

Court Disposition

Applications joined; complaints under Article 11 and other well-established case-law declared admissible; violations found; monetary awards ordered.

Orders

  • Respondent State to pay applicants the amounts indicated in the appended table within three months, converted into the currency of the respondent State at the rate applicable at the date of settlement.
  • Simple interest payable from expiry of three months until settlement at the marginal lending rate of the European Central Bank plus three percentage points.