Přehled
Rozsudek
THIRD SECTION
CASE OF BESPALOV AND OTHERS v. RUSSIA
(Applications nos. 16181/18 and 24 others –
see appended list)
JUDGMENT
STRASBOURG
13 November 2025
This judgment is final but it may be subject to editorial revision.
In the case of Bespalov and Others v. Russia,
The European Court of Human Rights (Third Section), sitting as a Committee composed of:
Úna Ní Raifeartaigh, President,
Mateja Đurović,
Vasilka Sancin, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 23 October 2025,
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 taken against them as organisers or participants of public assemblies. They 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).
- ALLEGED VIOLATION OF ARTICLE 11 OF THE CONVENTION
7. 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 on Articles 10 and 11 of the Convention. Being the master of the characterisation to be given in law to the facts of the case (see Radomilja and Others v. Croatia [GC], nos. 37685/10 and 22768/12, § 114, 20 March 2018), the Court finds it appropriate to examine their complaints under Article 11 of the Convention (see Nemytov and Others v. Russia, nos. 1257/21 and 2 others, § 93, 27 May 2025, with further references).
8. 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).
9. 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, Kasparov and Others v. Russia, no. 21613/07, 3 October 2013, and Nemytov and Others, cited above, §§ 155-58 and 143-63, 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 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”.
11. These complaints are therefore admissible and disclose a breach of Article 11 of the Convention.
- OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW
12. 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.
13. Having examined all the material before it, the Court concludes that these complaints 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 (the CAO); and Elvira Dmitriyeva v. Russia, nos. 60921/17 and 7202/18, §§ 77-90, 30 April 2019, as to administrative conviction for making calls to participate in public assemblies.
- REMAINING COMPLAINTS
14. 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 11-13 above, the Court considers that there is no need to deal separately with these remaining complaints.
- APPLICATION OF ARTICLE 41 OF THE CONVENTION
15. 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 the 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 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 13 November 2025, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Úna Ní Raifeartaigh
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 | Representative’s name and location | 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] |
16181/18 22/03/2018 and 49002/18 29/09/2018 | Sergey Aleksandrovich BESPALOV 1974 | Ivanets Vyacheslav Sergeyevich Tbilisi, Georgia | Meeting with voters to inform them about activities of Mr A. Navalnyy Irkutsk 04/11/2017 Political rally "He is not our Tsar" Irkutsk 05/05/2018 | article 20.2 § 2 of CAO article 20.2 § 8 of CAO | administrative detention of 7 days administrative detention of 30 days | Irkutsk Regional Court 22/11/2017 Irkutsk Regional Court 29/05/2018 | Raised in application no. 49002/18 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings; Art. 10 (1) - conviction for making calls to participate in public events – conviction under article 20.2 § 2 of CAO, administrative detention of 10 days on account of organisation of a rally - making calls for participation in a rally in support of A. Navalnyy in Irkutsk on 23/01/2021, final judgment by the Irkutsk Regional Court, 28/01/2021 | 7,000 | |
15642/20 16/03/2020 | Vladimir Arkadyevich KHEYFETS 1990 | Borisova Alena Sergeyevna Moscow | Series of solo demonstrations in support of journalist I. Golunov Moscow 07/06/2019 | article 20.2 § 6.1 of CAO | fine of RUB 10,000 | Moscow City Court 24/09/2019 | Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 3,500 | |
2017/21 02/12/2020 | Oleg Igorevich KALININ 1992 | Series of solo demonstrations against police brutality Moscow 14/03/2020 | article 20.2 § 8 of CAO | administrative detention of 15 days | Moscow City Court 04/06/2020 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 14/03/2020 in excess of three hours, for the sole purpose of drawing up a record of administrative offence (such record only compiled on 20/03/2020), Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 5,000 | ||
2129/21 26/11/2020 | Mariya Sergeyevna KOLTSOVA 1998 | Gilmanov Mansur Idrisovich Podolsk | Series of solo demonstrations in the wake of a murder of Mr V.T. Moscow 02/06/2020 | article 20.2 § 5 of CAO | fine of RUB 10, 000 | Moscow City Court 14/10/2020 | Art. 5 (1) - unlawful detention - arrest and detention on 02/06/2020 for the sole purpose of drawing up an offence record, Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
3884/21 21/12/2020 | Lusine Mamikovna MINASYAN 1997 | Gilmanov Mansur Idrisovich Podolsk | Series of solo demonstrations against police brutality in the wake of a murder of Mr V. T. Moscow 02/06/2020 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 22/09/2020 | Art. 5 (1) - unlawful detention - arrest and detention on 02/06/2020 for the sole purpose of drawing up an offence record, Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
3972/21 21/12/2020 | Liliya Nikitichna KOPTSOVA 2001 | Gilmanov Mansur Idrisovich Podolsk | Series of solo demonstrations against police brutality in the wake of a murder of Mr V. T. Moscow 02/06/2020 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 26/11/2020 | Art. 5 (1) - unlawful detention - arrest and detention on 02/06/2020 for the sole purpose of drawing up an offence record, Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
7275/21 13/01/2021 | Aleksandr Igorevich BAGDYUNOV 1998 | Zboroshenko Nikolay Sergeyevich Moscow | Series of solo demonstrations against unlawful checks of documents Moscow 14/03/2020 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 22/07/2020 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 14/03/2020 for the sole purpose of drawing up an offence record, Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
11129/21 01/02/2021 | Leonid Dmitriyevich DRABKIN 1992 | Memorial Human Rights Centre Moscow | Event in support of Ilya Azar Moscow 30/05/2020 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 22/09/2020 | Art. 5 (1) - unlawful detention - arrest, detention on 30/05/2020 as administrative suspect: no evidence/assessment that it was impossible to draw up an offence record on the spot; administrative offence record compiled on 10/06/2020 only, Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
18544/21 17/03/2021 | Irma Yevgenyevna MALAKHOVA 1990 | Gilmanov Mansur Idrisovich Podolsk | Series of solo demonstrations for transgender rights, protest against amendments into the Family Code of Russia Moscow 18/07/2020 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Moscow City Court 30/11/2020 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 18/07/2020 for sole purpose of drawing a record of administrative offence, Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
19188/21 17/03/2021 | Yevgeniya Anatolyevna GURENKO 1999 | Gilmanov Mansur Idrisovich Podolsk | Series of solo demonstrations against constitutional amendments Moscow 18/07/2020 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Moscow City Court 18/12/2020 | Art. 5 (1) - unlawful detention - arrest and detention on 18/07/2020 for the sole purpose of drawing a record of administrative offence (such record drawn up on 29/07/2020 only), Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
19543/21 17/03/2021 | Inari Olegovich YEFREMOV 1997 | Gilmanov Mansur Idrisovich Podolsk | Series of solo demonstrations for transgender rights and against amendments into the Family Code of Russia Moscow 18/07/2020 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Moscow City Court 18/12/2020 | Art. 5 (1) - unlawful detention - arrest, detention on 18/07/2020 for the sole purpose of drawing up a record of administrative offence, Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
20103/21 23/03/2021 | Oksana Viktorovna KLOCHKOVA 1992 | Memorial Human Rights Centre Moscow | Series of solo demonstrations in support of A. Navalnyy Moscow 21/08/2020 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Moscow City Court 16/02/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 21/08/2020 for the sole purpose of drawing up a record of administrative offence (such record compiled on 28/08/2020), Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - | 4,000 | |
20418/21 14/03/2021 | Maksim Aleksandrovich LEONOV 1998 | Mikhaylova Varvara Dmitriyevna St Petersburg | Series of solo demonstrations against amendments to the Constitution St Petersburg 15/03/2020 | article 20.2 § 5 of CAO | fine of RUB 10,000 | St Petersburg City Court 15/09/2020 | Art. 5 (1) - unlawful detention - detention on 15/03/2020 for more than 3 hours for the sole purpose of drawing up a record of administrative offence: arrest at 3.55 p.m., escorted to a police station at 4.45 p.m., released at 10 p.m. (escort record, record of administrative offence submitted, issue raised on appeal) | 4,000 | |
22645/21 09/04/2021 | Marianna Borisovna BELENKAYA 1977 | Gilmanov Mansur Idrisovich Podolsk | Series of solo demonstrations in support of I. Safonov Moscow 07/07/2020 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 14/10/2020 | Art. 5 (1) - unlawful detention - arrest and escort to the police station, detention on 07/07/2020 in excess of three hours, for the sole purpose of drawing up a record of administrative offence: arrested at 3.50 p.m., escorted to a police station at 6.40 p.m., released at 9.07 p.m. - as per the escort, arrest records; issue 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 | 4,000 | |
25041/21 25/04/2021 | Ivan Aleksandrovich BABKIN 2020 | Eysmont Mariya Olegovna Moscow | Series of solo demonstrations against police brutality Moscow 02/06/2020 | article 20.2 § 5 of CAO | fine of RUB 20,000 | Moscow City Court 26/10/2020 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 02/06/2020 for the sole purpose of drawing up a record of an administrative offence, Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
25263/21 25/04/2021 | Kseniya Valeryevna LOGINOVA 1984 | Eysmont Mariya Olegovna Moscow | Series of solo demonstrations against police brutality Moscow 02/06/2020 | article 20.2 § 5 of CAO | fine of RUB 20,000 | Moscow City Court 26/10/2020 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 02/06/2020 for the sole purpose of drawing up a record of administrative offence (such record only compiled on 16/06/2020), Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
25266/21 25/04/2021 | Roza Kirillovna POZDNYAKOVA | Eysmont Mariya Olegovna Moscow | Series of solo demonstrations against police brutality Moscow 02/06/2020 | article 20.2 § 5 of CAO | fine of RUB 20,000 | Moscow City Court 26/10/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 02/06/2020 for the sole purpose of drawing up a record of administrative offence (such record only compiled on 16/06/2020), Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
26569/21 09/05/2021 | Yefrosinya Aleksandrovna ROMANOVA 2021 | Gilmanov Mansur Idrisovich Podolsk | Series of solo demonstrations in support of Yu. Tsvetkova Moscow 27/06/2020 | article 20.2 § 5 of CAO | fine of RUB 15,000 | Moscow City Court 10/11/2020 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station, detention on 27/06/2020 for the sole purpose of drawing up a record of administrative offence (such record drawn up on 13/07/2020), Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
27440/21 22/04/2021 | Kseniya Igorevna BABICH 1986 | Voronov Anton Dmitriyevich Moscow | Series of solo demonstrations in support of arrested journalist I. Azar Moscow 02/06/2020 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 22/10/2020 | Art. 5 (1) - unlawful detention - arrest at 7.40 p.m. on 02/06/2020, taking to a police station as an administrative suspect: there is no evidence/assessment that it was impossible to draw up an offence record on the spot; administrative offence record compiled on 10/07/2020, Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
38913/21 22/07/2021 | Natalya Valentinovna REMIZOVA 1959 | Memorial Human Rights Centre Moscow | Series of solo demonstrations in support of arrested journalist I. Azar Moscow 30/05/2020 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 16/02/2021 | Art. 5 (1) - unlawful detention - arrest and detention on 30/05/2020 for the sole purpose of drawing up a record of administrative offence (such record compiled on 11/06/2020 only), Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
42178/21 13/08/2021 | Artem Sergeyevich BESEDIN 1984 | Memorial Human Rights Centre Moscow | Series of solo demonstrations in support of journalist S. Prokopyeva Moscow 03/07/2020 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 06/04/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station on 03/07/2020 for the sole purpose of compiling an offence report (such record only compiled on 13/07/2020), Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
42184/21 13/08/2021 | Anastasiya Dmitriyevna PLATONOVA 1994 | Memorial Human Rights Centre Moscow | Series of solo demonstrations in support of journalist I. Safonov Moscow 07/07/2020 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 06/04/2021 | Art. 5 (1) - unlawful detention - escorting to and detention at the police station on 07/07/2020 for the sole purpose of drawing up a record of administrative offence (such record only compiled on 29/07/2020), Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings - | 4,000 | |
52256/21 01/10/2021 | Nina Lvovna VOLOKHONSKAYA 1994 | Memorial Human Rights Centre Moscow | Series of solo demonstrations against arbitrariness of the police Moscow 16/07/2020 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 06/04/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to and detention at the police station on 16/07/2020 for the sole purpose of compiling an offence report, Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 | |
23324/22 15/02/2022 | Igor Alekseyevich YAKOVLEV 1986 | Memorial Human Rights Centre Moscow | Series of solo demonstrations in support of journalist I. Safronov Moscow 07/07/2020 | article 20.2 § 5 of CAO | fine of RUB 10,000 | Moscow City Court 17/08/2021 | Art. 5 (1) - unlawful detention - arrest, escorting to a police station on 07/07/2020 for the sole purpose of drawing up an offence record (such record only compiled on 23/07/2020), Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings | 4,000 |
[1] Plus any tax that may be chargeable to the applicants.