BISS AND OTHERS v. RUSSIA - 51079/21 (Article 11 - Freedom of assembly and association : Fourth Section Committee) [2024] ECHR 409 (14 May 2024)

JUDGMENT STRASBOURG 14 May 2024 This judgment is final but it may be subject to editorial revision. In the case of Biss and Others v. Russia, The European Court of Human Rights (Fourth Section), sitting as a Committee composed of: Branko Lubarda , President , Armen Harutyunyan, Ana Maria Guerra Martins , judges , and Viktoriya Maradudina, Acting Deputy Section Registrar, Having deliberated in private on 11 April 2024, 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 applicants were represented by the Memorial Human Rights Centre in Moscow. 3. The Russian Government ("the Government") were given notice of the applications. THE FACTS 4. The list of applicants and the relevant details of the applications are set out in the appended table. 5. The applicants complained of the disproportionate measures taken against them as organisers or participants of nationwide protests in support of the jailed opposition leader, Aleksey Navalnyy. They also raised other complaints under the provisions of the Convention. THE LAW JOINDER OF THE APPLICATIONS 6. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment. JURISDICTION 7. 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, §§ - 73, 17 January 2023). ALLEGED VIOLATION OF ARTICLE 11 OF THE CONVENTION 8. 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. 9. 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 - XIV, and Hyde Park and Others v. Moldova , no. 33482/06 , 31 March 2009). 10. 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. . 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". 12. These complaints are therefore admissible and disclose a breach of Article 11 of the Convention. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW . The 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. 14. 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 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, relating to the lack of suspensive effect of an appeal against the sentence of administrative detention. REMAINING COMPLAINTS 15. 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. APPLICATION OF ARTICLE 41 OF THE CONVENTION 16. 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, Decides to join the applications; Holds that it has jurisdiction to deal with these applications as they relate to facts that took place before 16 September 2022; Declares the complaints under Article 11 of the Convention and the other complaints under 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; Holds that these applications disclose a breach of Article 11 of the Convention; 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); 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 14 May 2024, pursuant to Rule §§ 2 and 3 of the Rules of Court. Viktoriya Maradudina Branko Lubarda 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 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] 51079/21 13/10/2021 Ivan Pavlovich BISS Rally "Free Navalnyy" Moscow 23/01/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 11/05/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 6.30 p.m. until 10 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 51084/21 13/10/2021 Anton Andreyevich KUKARKIN Rally "Free Navalnyy" Yekaterinburg 23/01/2021 article 20.2 § 5 of CAO 20 hours of community work Sverdlovsk Regional Court 14/04/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 4.50 p.m. until 8 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 51088/21 13/10/2021 Yegor Gennadyevich ZELENETSKIY Rally "Free Navalnyy" Moscow 31/01/2021 article 20.2 § 6.1 of CAO detention for 7 days Moscow City Court 11/05/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 1.20 p.m. on 31/01/2021 until 3.30 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. 5,000 51090/21 13/10/2021 Kseniya Vladimirovna MUKHLYNINA Rally "Free Navalnyy" Moscow 31/01/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 14/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 5.10 p.m. until 9 p.m. 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 51107/21 13/10/2021 Mikhail Vladimirovich CHUVAKIN Rally "Free Navalnyy" Moscow 23/01/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 14/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.15 p.m. on 23/01/2021 until 12.02 a.m. on 24/01/2021; Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. 4,000 51110/21 13/10/2021 Anzhelika Andreyevna PYANTKOVSKAYA Rally "Free Navalnyy" Pskov 31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Pskov Regional Court 26/04/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 12.15 p.m. until 3.35 p.m. 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 51231/21 08/10/2021 Nikita Ivanovich MAKSHEV Rally "Free Navalnyy" Saransk 21/04/2021 article 20.2 § 5 of CAO fine of RUB 5,000 Supreme Court of the Mordovia Republic 11/06/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 8 p.m. on 21/04/2021 until 2.30 a.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 51386/21 08/10/2021 Konstantin Viktorovich NAGULO Rally "Free Navalnyy" Moscow 23/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 12/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 4.50 p.m. on 23/01/2021 until 1 a.m. on 24/01/2021; Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. 4,000 51398/21 08/10/2021 Azamat Aslanovich BAGOV Rally "Free Navalnyy" Moscow 02/02/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 01/06/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 10.55 p.m. on 02/02/2021 until 6.10 a.m. on 03/02/2021; Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. 4,000 51444/21 06/10/2021 Viktor Vyacheslavovich ZHABIN Rally "Free Navalnyy" Moscow 23/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 08/04/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 3 p.m. until 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 53522/21 19/10/2021 Natalya Ivanovna ZHELYAPOVA Rally "Free Navalnyy" Moscow 02/02/2021 article 20.2 § 6.1 of CAO detention for 8 days Moscow City Court 22/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 11.20 a.m. on 02/02/2021 until 4.50 p.m. on 03/02/2021; Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. 5,000 53884/21 22/10/2021 Yuriy Mikhaylovich DOBROKHOTOV Rally "Free Navalnyy" Kazan 21/04/2021 article 20.2 § 2 of CAO fine of RUB 10,000 Supreme Court of the Tatarstan Republic 02/06/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 8.30 p.m. on 21/04/2021 until 6 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 53889/21 22/10/2021 Anton Igorevich SHALIMOV Rally "Free Navalnyy" Samara 23/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Samara Regional Court 20/05/2021 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report from 3 p.m. until 6 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 53932/21 22/10/2021 Aleksandr Vladimirovich SHCHEMELEV Rally "Free Navalnyy" Perm 31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Perm Regional Court 28/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 1.30 p.m. until 9.30 p.m. 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 53968/21 22/10/2021 Aleksandr Ilyich VOYNOV Rally "Free Navalnyy" Moscow 02/02/2021 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 13/05/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 10.30 a.m. until 5.30 p.m. on 02/02/2021; Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. 4,000 53981/21 22/10/2021 Daniil Igorevich ATMANOV Rally "Free Navalnyy" Moscow 02/02/2021 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 11/05/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 10.46 a.m. until 5.22 p.m. on 02/02/2021; Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. 4,000 53984/21 22/10/2021 Aleksandr Olegovich SIDELNIKOV Rally "Free Navalnyy" Moscow 31/01/2021 article 20.2 § 5 of CAO fine of RUB 5,000 Moscow City Court 26/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1.20 p.m. until 8.10 p.m. 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 53994/21 22/10/2021 Galina Leonidovna GRIBUTSKAYA Rally "Free Navalnyy" Vologda 31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Vologda Regional Court 17/05/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1 p.m. until 5 p.m. on 31/01/2021. 4,000 53996/21 05/10/2021 Pavel Aleksandrovich BAYBARA Rally "Free Navalnyy" Moscow 03/02/2021 article 20.2 § 6.1 of CAO detention for 5 days Moscow City Court 06/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 12.01 a.m. until 3 p.m. on 03/02/2021; Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. 5,000 54107/21 19/10/2021 Lyudmila Ivanovna KHOTLUBEY Rally "Free Navalnyy" Moscow 31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 27/05/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 12.15 p.m. until 8.30 p.m. 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 54207/21 19/10/2021 Sergey Anatolyevich SAKHANOV Rally "Free Navalnyy" Moscow 31/01/2021 article 20.2 § 6.1 of CAO fine of RUB 20,000 Moscow City Court 19/05/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 5.45 p.m. on 31/01/2021 until 5.30 a.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 54227/21 19/10/2021 Agnessa Aleksandrovna BUKOVSKAYA Rally "Free Navalnyy" Moscow 31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 26/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.27 p.m. until 10.35 p.m. 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 54301/21 21/10/2021 Yevgeniy Andreyevich BARANCHIKOV Rally "Free Navalnyy" Voronezh 31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Voronezh Regional Court 21/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.30 p.m. until 7.35 p.m. 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 54310/21 21/10/2021 Petr Anatolyevich GUTYNIN Rally "Free Navalnyy" Moscow 31/01/2021 article 20.2 § 6.1 of CAO fine of RUB 20,000 Moscow City Court 03/08/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 1.45 p.m. on 31/01/2021 until 3.45 a.m. 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 54359/21 19/10/2021 Aleksandr Romanovich POZLEVICH Rally "Free Navalnyy" Moscow 02/02/2021 article 20.2 § 6.1 of CAO fine of RUB 10,000 Moscow City Court 22/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 11.10 p.m. on 02/02/2021 until 3 p.m. on 03/02/2021; Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. 4,000 54373/21 19/10/2021 Aleksandr Mikhaylovich TROPIN Rally "Free Navalnyy" Moscow 23/01/2021 article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 20/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.30 p.m. on 23/01/2021 until 01.30 a.m. on 24/01/2021; Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings. 4,000 54450/21 27/10/2021 Ralina Rustemovna SHIGABIYEVA Rally "Free Navalnyy" Kazan 21/04/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Supreme Court of the Tatarstan Republic 26/05/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 8.40 p.m. on 21/04/2021 until 8.10 p.m. on 22/04/2021. 4,000 54745/21 18/10/2021 Yuliya Sergeyevna ELTSOVA Rally "Free Navalnyy" Sochi 23/01/2021 article 20.2 § 6.1 of CAO fine of RUB 10,000 Krasnodar Regional Court 21/04/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 4.30 p.m. until 10 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 54847/21 28/10/2021 Albert Ramilevich YAPPAROV Rally "Free Navalnyy" Kazan 31/01/2021 article 20.2 § 5 of CAO fine of RUB 10,000 Supreme Court of the Tatarstan Republic 05/05/2021 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 2.40 p.m. on 31/01/2021 until 7 p.m. on 01/02/2021. 4,000 55437/21 29/10/2021 Andrey Andreyevich SHEMSHURA Rally "Free Navalnyy" Rostov-on-Don 21/04/2021 article 20.2 § 6.1 of CAO detention for 7 days Rostov Regional Court 29/04/2021 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] Plus any tax that may be chargeable to the applicants. 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