Here’s a breakdown of the Kashapov and Others v. Russia decision:
1. The European Court of Human Rights (ECtHR) has ruled in favor of multiple applicants against Russia, finding violations of Article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms, which guarantees freedom of expression. The cases involve various restrictions imposed by Russian authorities on the applicants’ right to express themselves, often related to accusations of extremism. The ECtHR found that Russian courts had interpreted the concept of “extremism” too broadly, failing to provide adequate safeguards against overly restrictive measures. The Court emphasized that the domestic courts did not properly apply the principles established in its own case-law. Additionally, the Court addressed other complaints raised by some applicants under different articles of the Convention, finding violations based on its well-established case-law. The Court awarded monetary compensation to the applicants for pecuniary and non-pecuniary damage.
2. The decision begins with a procedural overview, outlining the case’s origin and notification to the Russian Government. It then presents the facts, summarizing the applicants’ complaints regarding restrictions on freedom of expression and other alleged violations. The legal analysis includes the joinder of the applications due to their similar subject matter and confirms the Court’s jurisdiction over the cases, as the events occurred before Russia ceased to be a party to the Convention. The core of the decision addresses the alleged violation of Article 10, referencing previous similar cases where the Court found violations related to the overly broad interpretation of “extremism” in Russia. The decision also considers other alleged violations under well-established case-law and addresses remaining complaints, stating that it is unnecessary to examine them separately. Finally, it outlines the application of Article 41 regarding just satisfaction, awarding sums to the applicants. The decision includes an appendix with a detailed list of applications, summarizing the facts, legal issues, relevant case-law, and amounts awarded to each applicant.
3. **** The most important provision of this decision is the reaffirmation that Russia’s application of its laws on extremism has been excessively broad and has led to violations of freedom of expression under Article 10 of the Convention. This confirms the ECtHR’s consistent stance on this issue, as seen in previous cases like *Taganrog LRO and Others v. Russia*. The decision also highlights the retrospective application of prohibitions, where individuals were penalized for actions that were not illegal at the time they were committed, which is a crucial point for assessing the fairness and legality of such measures. Furthermore, the decision awards monetary compensation to the applicants, reinforcing the tangible consequences for the Russian State for violating the Convention.
