THIRD SECTION

CASE OF SOKOLOV AND OTHERS v. RUSSIA

(Applications nos. 34071/18 and 18 others –

see appended list)

 

 

 

 

 

 

JUDGMENT

 

STRASBOURG

16 January 2025

 

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


In the case of Sokolov and Others v. Russia,

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

 Diana Kovatcheva, President,
 Úna Ní Raifeartaigh,
 Mateja Đurović, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 5 December 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 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 restrictions on the location, time or manner of conduct of public events. Some applicants also raised complaints under Article 13 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 the restrictions on the location, time or manner of conduct of public events listed in the appended table. They relied, expressly or in substance, on Article 11 of the Convention.

8.  The Court refers to the principles established in its caselaw regarding freedom of assembly (see Kudrevičius and Others v. Lithuania [GC], no. 37553/05, ECHR 2015, with further references).

9.  In the leading case of Lashmankin and Others v. Russia, nos. 57818/09 and 14 others, 7 February 2017, and, more recently, in Pleshkov and Others v. Russia, nos. 29356/19 and 31119/19, 21 November 2023, 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 on 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 interference with the applicant s’ freedom of assembly (for further details see the appended table) was either based on legal provisions which did not meet the Convention’s “quality of law” requirements, or was not “necessary in a democratic society”.

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

  1. REMAINING COMPLAINTS

12.  Some applicants raised other complaints under the Convention.

13.  The Court has examined these complaints and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.

14.  It follows that this part of the applications must be rejected in accordance with Article 35 § 4 of the Convention.

  1. APPLICATION OF ARTICLE 41 OF THE CONVENTION

15.  Having regard to the nature of the applicants’ complaints, the Court considers that the finding of a violation constitutes sufficient just satisfaction for any non‑pecuniary damage the applicants may have suffered (see, among recent authorities, Pleshkov and Others, cited above, § 76, and the cases cited therein; see also, mutatis mutandis, Alekseyev and Others v. Russia, nos. 14988/09 and 50 others, § 29, 27 November 2018).

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 about restrictions on the location, time or manner of conduct of public events listed in the appended table admissible and the remainder of the applications inadmissible;
  4. Holds that these complaints disclose a breach of Article 11 of the Convention concerning the restrictions on the location, time or manner of conduct of public events listed in the appended table;
  5. Holds that the finding of a violation constitutes in itself sufficient just satisfaction.

Done in English, and notified in writing on 16 January 2025, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

 

 Viktoriya Maradudina Diana Kovatcheva
 Acting Deputy Registrar President

 


APPENDIX

List of applications raising complaints under Article 11 of the Convention

(restrictions on the location, time or manner of conduct of public events)

No.

Application no.

Date of introduction

Applicant’s name

Year of birth

 

Representative’s name and location

Location

Date of the public event planned

Restrictions applied

Final domestic decision (type of procedure)

Date

Name of the court

  1.    

34071/18

07/07/2018

Yevgeniy Vladislavovich SOKOLOV

1960

 

 

 

Belgorod

 

Rally to support A. Navalnyy’s presidential candidacy

 

16/09/2017

 

proposal to change the time, proposal to change the manner of conduct

Judicial review under the Code of Administrative Procedure

 

 Supreme Court

of the Russian Federation 28/04/2018

  1.    

58503/18

29/11/2018

Anton Viktorovich STRUNIN

1982

 

 

Several locations in

Penza

 

Numerous rallies planned between 07/05/2017

and

28/01/2018

proposal to change the location, proposal to change the time

 

Judicial review under the Code of Administrative Procedure

 

Supreme Court

of the Russian Federation

issued between

31/05/2018 and

29/11/2018.

  1.    

8092/19

26/01/2019

Tatyana Viktorovna GRIGORYEVA

1983

 

Sokolov Yevgeniy Vladislavovich

Belgorod

Movie theatre "Pobeda", Belgorod

 

Rally to support A. Navalnyy’s presidential candidacy

 

30/12/2017

proposal to change the location

Judicial review under the Code of Administrative Procedure

 

Supreme Court of the Russian Federation 20/11/2018

  1.    

15085/19

06/03/2019

Lyubov Eduardovna SOBOL

1987

 

Zamyatin Yevgeniy Mikhaylovich

Berlin

Prospekt Sakharova, Moscow

 

Meetings with A. Navalnyy

 

14/10/2017,

21/10/2017,

26/11/2017.

proposal to change the location

 

 

 

Judicial review under the Code of Administrative Procedure

 

Supreme Court of the Russian Federation 11/09/2018 and 12/09/2018

 

 

  1.    

44574/19

09/08/2019

Yelena Vasilyevna SYEDINA

1965

 

Sokolov Yevgeniy Vladislavovich

Belgorod

Sobornaya Square, Belgorod

Demonstration against restricted access to the Belgorod water reservoir

 

06/12/2018

proposal to change the location

Judicial review under the Code of Administrative Procedure

Supreme Court of the Russian Federation

22/07/2019

  1.    

60677/19

11/11/2019

 

Viktor Borisovich SOROKIN

1969

 

Arkadiy Yuryevich BULATOV

1980

 

Mikhail Viktorovich KONDRYUKOV

1975

 

Anna Viktorovna KONDRYUKOVA

1993

 

 

Olga Aleksandrovna KONDRYUKOVA

1956

 

Yelena Borisovna SIDOR

1985

 

Vladislav Viktorovich SOROKIN

2001

 

 

 

Several locations in

Novosibirsk

 

Several rallies planned between 17/08/2018 and

31/08/2018

proposal to change the location, general prohibition on holding public events at certain locations (museum buildings)

Judicial review under the Code of Administrative Procedure

 

Supreme Court of the Russian Federation

13/05/2019

  1.    

4440/20

28/12/2019

Tatyana Mikhayvna PAVLOVA

1985

 

Memorial Human Rights Centre

Moscow

Several locations in Naro-Fominsk, Moscow Region

 

Protest against the building of a waste incineration plant

25/08/2018,

09/09/2018,

15/09/2018.

proposal to change the location

 

 

Judicial review under the Code of Administrative Procedure

 

Supreme Court

of the Russian Federation

28/06/2019 and 09/07/2019

  1.    

17662/20

08/01/2020

Vladimir Vladislavovich PLESHKOV

1964

 

Sokolov Yevgeniy Vladislavovich

Belgorod

Okhotnyy Ryad, in front of the Russian State Duma building, Moscow

 

Series of pickets against pension reform on

13/04/2019,

30/05/2019,

15/06/2019,

02/08/2019.

proposal to change the location

 

 

 

 

Judicial review under the Code of Administrative Procedure

 

Supreme Court

of the Russian Federation 06/12/2019,

09/12/2019.

 

  1.    

18629/20

02/04/2020

Andrey Sergeyevich RUBAN

1985

 

Sokolov Yevgeniy Vladislavovich

Belgorod

Sobornaya square, Belgorod

 

Rally calling for the release of political prisoners

 

07/10/2019

proposal to change the location

Judicial review under the Code of Administrative Procedure

 

Supreme Court

of the Russian Federation 13/03/2020

  1.  

18726/20

02/04/2020

Yuriy Ivanovich POLYAKOV

1952

 

Sokolov Yevgeniy Vladislavovich

Belgorod

Sobornaya square, Belgorod

 

Demonstration against political repressions

 

03/10/2019 and

22/10/2019

proposal to change the location

 

 

 

 

 

Judicial review under the Code of Administrative Procedure

 

Supreme Court

of the Russian Federation 10/03/2020 and 13/03/2020

 

 

  1.  

25437/20

13/05/2020

Yelena Vasilyevna SYEDINA

1965

 

Sokolov Yevgeniy Vladislavovich

Belgorod

Sobornaya square, Belgorod

 

Demonstration against restricted access to the Belgorod water reservoir

 

14/11/2019 and

17/12/2019

proposal to change the location

 

 

 

 

Judicial review under the Code of Administrative Procedure

 

Supreme Court

of the Russian Federation 07/04/2020 and 03/07/2020

  1.  

32161/20

15/07/2020

Tatyana Viktorovna GRIGORYEVA

1983

 

Sokolov Yevgeniy Vladislavovich

Belgorod

Sobornaya square, Belgorod

 

Demonstration against restricted access to the Belgorod water reservoir

 

23/12/2019

 

 

 

proposal to change the location

Judicial review under the Code of Administrative Procedure

 

Supreme Court

of the Russian Federation 23/06/2020

  1.  

37471/20

06/08/2020

Maksim Yevgenyevich KLIMOV

1992

 

Sokolov Yevgeniy Vladislavovich

Belgorod

Sobornaya square, Belgorod

 

Protest to demand the release of political prisoners

 

13/12/2019

proposal to change the location

Judicial review under the Code of Administrative Procedure

 

Supreme Court

of the Russian Federation 22/06/2020

  1.  

38241/20

14/07/2020

Vladimir Vladislavovich PLESHKOV

1964

 

Sokolov Yevgeniy Vladislavovich

Belgorod

Tverskaya street (in front of Moscow Town Hall), Moscow

 

Protest to demand the release of political prisoners

 

25/11/2019 and

28/01/2020

proposal to change the location

 

 

 

 

 

 

Judicial review under the Code of Administrative Procedure

 

Supreme Court

of the Russian Federation

06/07/2020 and 17/07/2020

  1.  

41370/20

31/08/2020

Ruslan Sergeyevich MORMYSHEV

1999

 

Sokolov Yevgeniy Vladislavovich

Belgorod

Sobornaya square, Belgorod

 

Demonstration against restricted access to the Belgorod water reservoir

 

17/12/2019

proposal to change the location

Judicial review under the Code of Administrative Procedure

 

Supreme Court of the Russian Federation 03/07/2020

  1.  

41374/20

31/08/2020

Valeriya Igorevna DRONOVA

1996

 

 

 

Sobornaya square, Belgorod

 

Demonstration against restricted access to the Belgorod water reservoir

 

17/12/2019

 

 

 

proposal to change the location

Judicial review under the Code of Administrative Procedure

 

Supreme Court of the Russian Federation 03/07/2020

  1.  

41377/20

31/08/2020

Kirill Sergeyevich DRONOV

1996

 

 

 

Sobornaya square, Belgorod

 

Demonstration against restricted access to the Belgorod water reservoir

 

17/12/2019

proposal to change the location

Judicial review under the Code of Administrative Procedure

 

Supreme Court of the Russian Federation 03/07/2020

  1.  

41379/20

31/08/2020

Tatyana Yuryevna SYEDINA

1997

 

Sokolov Yevgeniy Vladislavovich

Belgorod

Sobornaya square, Belgorod

 

Demonstration against restricted access to the Belgorod water reservoir

 

17/12/2019

proposal to change the location

Judicial review under the Code of Administrative Procedure

 

Supreme Court of the Russian Federation 03/07/2020

  1.  

51025/20

13/10/2020

Vladimir Vladislavovich PLESHKOV

1964

 

Sokolov Yevgeniy Vladislavovich

Belgorod

Tverskaya street (in front of Moscow Town Hall), Moscow

 

Protest to demand the release of political prisoners

 

10/12/2019,

31/12/2019,

14/02/2020,

02/03/2020,

16/03/2020

proposal to change the location

 

 

 

Judicial review under the Code of Administrative Procedure

 

Supreme Court of the Russian Federation 08/09/2020 and

21/09/2020