Essence of the decision:
The European Court of Human Rights ruled on multiple applications from Alexei Navalny and OOO ZP against Russia concerning violations of freedom of expression. The Court found violations of Article 10 of the Convention in all cases, which involved restrictions on Navalny’s publications about corruption and criticism of Russian officials. The Court awarded compensation to Navalny’s widow and OOO ZP for both pecuniary and non-pecuniary damages.
Structure and main provisions:
1. The Court joined nine separate applications due to similar subject matter
2. The Court confirmed its jurisdiction over cases predating Russia’s exit from the Convention (before September 16, 2022)
3. The Court recognized Yulia Navalnaya’s standing to pursue applications after Navalny’s death
4. The Court found violations of Article 10 in all cases related to:
– Defamation claims against Navalny’s anti-corruption publications
– Restrictions on social media content and hyperlinks
– Disproportionate penalties including criminal charges
– Failure to apply proper standards in defamation proceedings
Key important provisions:
1. The Court recognized Navalny’s role as a “social watchdog” deserving similar protection as press
2. The Court found systematic failures by Russian courts to:
– Apply proper standards in defamation cases
– Allow adequate evidence and witness testimony
– Balance freedom of expression with other rights
– Provide relevant and sufficient reasoning
3. The Court awarded €10,000 to Navalny (to be paid to his widow) and €7,500 to OOO ZP in non-pecuniary damages, plus additional pecuniary damages
The decision establishes important precedents for protecting freedom of expression for anti-corruption activists and online publications, particularly regarding hyperlinks and social media content.
