The European Court of Human Rights (ECHR) delivered a judgment concerning 15 applications against Russia related to disproportionate measures taken against organizers and participants of public assemblies, including anti-war rallies and protests in support of Alexei Navalny.The Court found violations of Article 11 of the Convention (freedom of assembly) in all cases, determining that the interference with the applicants’ freedom of assembly was not ‘necessary in a democratic society’. The cases involved arrests, administrative detentions, and fines imposed on participants of various public gatherings between 2018 and 2022.The main provisions of the judgment include:
- The Court maintained its jurisdiction over cases that occurred before September 16, 2022 (when Russia ceased to be a party to the Convention)
- Recognition of violations of Article 5 (right to liberty and security) regarding unlawful detentions exceeding the legal time limit
- Findings of Article 6 violations concerning the lack of impartiality in administrative proceedings due to the absence of a prosecuting party
- Awards of compensation ranging from 3,500 to 7,500 euros per applicant for damages and legal costs
The Court based its decision on its previous case law, particularly referencing the cases of Frumkin v. Russia, Navalnyy and Yashin v. Russia, and Kasparov and Others v. Russia, where similar violations were found. The judgment emphasizes the systematic nature of violations in cases related to public assemblies in Russia and reinforces the Court’s position on protecting freedom of assembly.
