THIRD SECTION
CASE OF MALGAZHDAROV AND OTHERS v. RUSSIA
(Applications nos. 4562/23 and 7 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 Malgazhdarov 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 the disproportionate measures against solo demonstrators. Some applicants also raised other complaints under the provisions of the Convention. THE LAW
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. 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, §§ 68‑73, 17 January 2023, and Pivkina and Others v. Russia (dec.), nos. 2134/23 and 6 others, § 46, 6 June 2023). ALLEGED VIOLATION OF ARTICLE 10 § 1 of the Convention
7. The applicants complained principally of the disproportionate measures taken against them as participants or organisers of solo demonstrations, notably the termination of their demonstrations, arrest and conviction for administrative offences. They relied, expressly or in substance, on Articles 10 and 11 of the Convention. The Court will examine the complaints under Article 10 of the Convention taking into account, where appropriate, the general principles it has established in the context of Article 11 of the Convention (see Novikova and Others v. Russia, nos. 25501/07 and 4 others, § 91, 26 April 2016). 8. In the leading case of Novikova and Others (cited above, §§ 112-225) the Court already found a violation in respect of issues similar to those in the present case (see also, mutatis mutandis, Lashmankin and Others v. Russia, nos. 57818/09 and 14 others, §§ 432-42, 7 February 2017). 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 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 interferences with the applicants’ freedom of expression were not “necessary in a democratic society”. 10. 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 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; and Navalnyy and Yashin v. Russia, no. 76204/11, §§ 51-75, 4 December 2014, and Kasparov and Others v. Russia, no. 21613/07,§§ 84-97, 3 October 2013, as regards disproportionate measures taken by the authorities against organisers and participants of public assemblies. Remaining complaints
12. The applicant in application no. 4562/23 raised a further additional complaint under Article 6 of the Convention in respect of the first set of the proceedings, which ended with the final judgment of 15 September 2022 (see the appended table). In view of the findings in paragraphs 9-11 above, the Court considers that there is no need to deal separately with that remaining complaint. APPLICATION OF ARTICLE 41 OF THE CONVENTION
13. Regard being had to the documents in its possession and to its case‑law (see, mutatis mutandis, Navalnyy and Others v. Russia [Committee], nos. 5809/17 and 14 others, § 22, 4 October 2022), the Court considers it reasonable to award the sums indicated in the appended table.

Article of the Convention at issue: Article 5
Outcome: violation