CASE OF NOSOV AND OTHERS v. RUSSIA
Preliminary objection dismissed (Article 34 - Victim);Preliminary objection dismissed (Article 35-1 - Exhaustion of domestic remedies);Remainder inadmissible;Violation of Article 6 - Right to a fair trial (Article 6 - Enforcement proceedings;Article 6-1 - Access to court);Violation of Article 1 of Protocol No. 1 - Protection of property (Article 1 para. 1 of Protocol No. 1 - Peaceful enjoyment of possessions);No violation of Article 11 - Freedom of assembly and association (Article 11-1 - Freedom of peaceful assembly);Non-pecuniary damage - award
Dmitry Dedov;Elisabeth Steiner;Erik Møse;Isabelle Berro-Lefèvre;Khanlar Hajiyev;Linos-Alexandre Sicilianos;Ksenija Turković
5. The applicants live in Vladikavkaz. 6. The applicants are former policemen. They were all involved in the conflict-resolution and peace-keeping operation in the zone of the armed Ossetian-Ingush conflict in October and November 1992. As a consequence they were entitled to certain social payments. 7. The applicants sued the Severnaya Osetiya-Alaniya Regional Department of the Ministry of Internal Affairs (hereafter “the regional internal-affairs department”) for social-payments arrears. On various dates in 2001 or 2002 the Leninskiy District Court of Vladikavkaz allowed their claims and ordered that the regional internal-affairs department pay the arrears. The dates of the judgments and the amounts of the awards are listed in the Annex. 8. The applicants submitted the writs of execution to the Ministry of Finance. However the Ministry returned the writs of execution on the ground of lack of funds to pay the judgment debts. 9. The judgments in favour of all the applicants were eventually enforced between September 2004 and April 2005. The dates of payment in respect of each applicant are listed in the Annex. 10. All the applicants except Mr Varziev sued the regional internal-affairs department for pecuniary damage incurred through the belated enforcement of the judgments in their favour. On various dates in 2005 the Leninskiy District Court of Vladikavkaz acknowledged that the delays in enforcement had violated the applicants’ rights and awarded each of them a sum to cover inflation losses sustained as a result. The awards were paid on various dates in 2005. One of the applicants, Mr Tsallagov, did not submit the writ of execution to the Ministry of Finance and did not therefore receive his award. 11. On 15 September 2003 the applicants notified the Vladikavkaz Town Administration of their intention to hold a demonstration in Svoboda Square in Vladikavkaz to protest against the regional internal-affairs department’s failure to settle the social-payments debt. The demonstration was scheduled to start on 30 September 2003 and was announced as being of unlimited duration. 12. On 24 September 2003 the Town Administration refused to approve the venue and suggested that the demonstration be held in front of the Tkhapsayev theatre. 13. On 30 September 2003 the applicants began their demonstration in Svoboda Square in front of the Severnaya Osetiya-Alaniya Regional Government building. About one hundred people participated in it. They put up tents and remained in the square day and night. They displayed placards and banners stating their criticisms and demands. 14. On 3 October 2003 the Vladikavkaz Town Legislature annulled the decision of 24 September 2003 at the request of the regional internal-affairs department “in connection with a risk of terrorist acts in the places of mass gatherings of people”. It asked the regional internal-affairs department to take measures to break up the demonstration and restore public order in Svoboda square. 15. On 11 October 2003 the Leninskiy District Court of Vladikavkaz declared the demonstration unlawful because it violated the rights of others. The court found that it hampered citizens’ access to public transport and to the cinema and officials’ access to the administrative buildings situated in Svoboda Square. The chanting of slogans by the applicants also disturbed the officials’ work. Moreover, the regional internal-affairs department had information about an expected outbreak of terrorist activities in the region. The mass gathering of people in the vicinity of the administrative buildings increased the risk of terrorist acts and other offences being committed and impeded the conduct of preventive operations by the law-enforcement agencies. The court further noted that the Vladikavkaz Town Administration had ordered that all meetings and assemblies be held in front of the Tkhapsayev theatre; therefore the demonstration in Svoboda Square was in breach of that order. Lastly, the court found that public gatherings of unlimited duration were not authorised by Russian law. 16. It appears from the videotape and press articles submitted by the applicants that on the same day the police ordered the protesters to disperse. As the protesters refused to stop the demonstration, the police dismantled the tents they had erected. The protesters, however, put the tents back up and continued their demonstration. 17. On 18 November 2003 the Supreme Court of the Severnaya Osetiya-Alaniya Republic upheld the judgment of 11 October 2003 on appeal. 18. On 27 November 2003 the Parliament of the Severnaya Osetiya-Alaniya Republic decreed that Svoboda Square in Vladikavkaz was reserved for meetings, assemblies and demonstrations organised at the initiative of the authorities of the Severnaya Osetiya-Alaniya Republic and the town of Vladikavkaz. Other public gatherings were to be held at a venue to be determined by the Vladikavkaz Town Administration. 19. On an unspecified date in December 2003 the protesters ended the demonstration.