Here’s a breakdown of the Kalinychev and Others v. Russia decision:
1. **Essence of the Decision:**
The European Court of Human Rights (ECHR) has ruled against Russia in the case of Kalinychev and Others v. Russia, concerning multiple applications related to the suppression of public assemblies and freedom of expression. The Court found that Russia violated Article 11 of the Convention, which guarantees freedom of assembly, due to disproportionate measures taken against organizers and participants of public assemblies. These measures included arrests, administrative offenses, and convictions. Additionally, the Court identified violations related to unlawful detention, lack of impartiality in legal proceedings, restrictions on freedom of expression, and other breaches under the Convention and its Protocols. The cases involved various forms of protest, including rallies in support of political figures, protests against the war in Ukraine, and solo demonstrations. The ECHR has awarded monetary compensation to the applicants for pecuniary and non-pecuniary damages.
2. **Structure and Main Provisions:**
* **Procedure:** The judgment addresses multiple applications lodged against Russia, which were then joined due to their similar subject matter.
* **Facts:** The facts relate to complaints from individuals who faced disproportionate measures for organizing or participating in public assemblies.
* **Law:**
* **Joinder of Applications:** The Court decided to examine the applications jointly due to their similar subject matter.
* **Jurisdiction:** The Court asserted its jurisdiction over the cases, as the events occurred before Russia ceased to be a party to the Convention on September 16, 2022.
* **Article 11 Violation:** The Court found that the measures taken against the applicants, such as arrests and convictions for administrative offenses, violated Article 11 of the Convention, which protects freedom of assembly.
* **Other Violations:** The Court also identified other violations under the Convention and its Protocols, based on well-established case law.
* **Remaining Complaints:** The Court decided that there was no need to examine additional complaints under Articles 6 and 13, as the main legal questions had already been addressed.
* **Article 41 Application:** The Court ordered Russia to pay the applicants the sums indicated in the appended table as compensation for damages and expenses.
3. **Main Provisions for Use:**
* **Violation of Article 11:** The decision reinforces the importance of freedom of assembly and highlights that measures taken against participants must be proportionate and necessary in a democratic society.
* **Unlawful Detention:** The judgment underscores the prohibition of unlawful detention, particularly in the context of public assemblies.
* **Lack of Impartiality:** The decision emphasizes the need for impartiality in legal proceedings, especially in administrative offense cases.
* **Freedom of Expression:** The judgment highlights the protection of freedom of expression, including the right to protest and express political views, even in solo demonstrations.
* **Compensation:** The decision awards compensation to the applicants, providing a tangible remedy for the violations they experienced.
**** The decision is related to Russia, but it has implications for Ukraine and Ukrainians, as some of the cases involved protests against the war in Ukraine. The decision highlights the importance of protecting freedom of expression and assembly, even in the context of political protests.
