Here’s a breakdown of the Abdullayev and Others v. Russia judgment from the European Court of Human Rights:
**Essence of the Decision:**
The European Court of Human Rights (ECtHR) found Russia in violation of Article 11 (freedom of assembly) of the Convention on Human Rights, concerning the disproportionate measures taken against participants of a rally in support of defendants in the “Bakhchisaray case” held in Moscow on July 11, 2019. The applicants were arrested during the rally’s dispersal and subsequently convicted of administrative offenses. The Court also found violations regarding unlawful deprivation of liberty and lack of impartiality in administrative proceedings due to the absence of a prosecuting party. The ECtHR asserted its jurisdiction because the events occurred before Russia ceased being a party to the Convention on September 16, 2022. Each applicant was awarded 4,000 euros in respect of non-pecuniary damage.
**Structure and Main Provisions:**
* **Procedure:** Details the lodging of the applications and notification to the Russian Government.
* **Facts:** Lists the applicants and provides relevant details of their applications, focusing on the rally and subsequent arrests.
* **Law:**
* **Joinder of Applications:** The Court decided to examine the applications jointly due to their similar subject matter.
* **Jurisdiction:** Confirmed the Court’s jurisdiction as the events occurred before Russia’s withdrawal from the Convention.
* **Alleged Violation of Article 11:** Addressed the complaints regarding disproportionate measures against the rally participants, referencing established case-law on freedom of assembly and proportionality of interference.
* **Other Alleged Violations:** Addressed additional complaints under the Convention, referencing relevant case-law.
* **Remaining Complaints:** Determined that there was no need to address additional complaints under Article 6 separately.
* **Application of Article 41:** Awarded each applicant EUR 4,000 in respect of non-pecuniary damage.
* **Appendix:** Provides a list of applications, applicant details, details of the administrative offenses, penalties, and final domestic decisions.
**Key Provisions for Use:**
* **Violation of Article 11:** The Court explicitly found that the interference with the applicants’ right to freedom of assembly was not “necessary in a democratic society,” reinforcing the importance of protecting peaceful assembly.
* **Unlawful Deprivation of Liberty:** The decision highlights violations related to unlawful detention, including unrecorded detention and detention without a judicial order, emphasizing the need for legal basis and due process in arrests.
* **Lack of Impartiality:** The judgment points out the lack of a prosecuting party in administrative proceedings as a violation of the right to a fair trial, stressing the importance of impartiality in judicial processes.
* **Jurisdiction:** The Court’s assertion of jurisdiction despite Russia’s withdrawal from the Convention is significant for cases related to events before the withdrawal date.
* **Compensation:** The award of EUR 4,000 to each applicant sets a precedent for compensation in similar cases of Convention violations.
**** The decision is related to the violation of the rights of the participants of the rally in support of defendants in the “Bakhchisaray case”.
