Here’s a breakdown of the European Court of Human Rights’ decision in the case of *Lukomskaya and Others v. Russia*:
1. **Essence of the Decision:**
The European Court of Human Rights (ECHR) ruled that Russia violated Article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms in a series of cases involving disproportionate measures taken against individuals participating in solo demonstrations. The applicants complained about the termination of their demonstrations, arrests, and convictions for administrative offenses. The Court found that these measures were not “necessary in a democratic society” and thus infringed upon the applicants’ freedom of expression. Additionally, the Court identified other violations related to unlawful detention, lack of impartiality in administrative proceedings, and restrictions on freedom of assembly, awarding compensation to the applicants for pecuniary and non-pecuniary damages.
2. **Structure and Main Provisions:**
* **Joinder of Applications:** The Court decided to examine the applications jointly due to their similar subject matter.
* **Jurisdiction:** The Court asserted its jurisdiction because the events occurred before Russia ceased to be a party to the Convention on September 16, 2022.
* **Violation of Article 10:** The Court found that the measures against the applicants for participating in solo demonstrations were disproportionate and violated their right to freedom of expression.
* **Other Violations:** The Court also identified violations related to unlawful deprivation of liberty, lack of impartiality in proceedings, and restrictions on freedom of assembly, referencing its well-established case-law.
* **Remaining Complaints:** The Court decided that there was no need to examine separately the remaining complaints of the applicants, considering the findings in paragraphs 9-11.
* **Article 41 (Just Satisfaction):** The Court ordered Russia to pay the applicants specified amounts in damages, considering the documents in its possession and its case-law.
3. **Main Provisions for Use:**
* **Freedom of Expression:** The decision reinforces the importance of protecting freedom of expression, even in the context of solo demonstrations.
* **Proportionality:** Any measures taken against demonstrators must be proportionate and “necessary in a democratic society.”
* **Unlawful Detention:** The decision highlights the impermissibility of detaining individuals solely for the purpose of drawing up administrative offense records.
* **Impartiality of Tribunals:** The decision underscores the need for impartiality in administrative proceedings, particularly regarding the absence of a prosecuting party.
* **Freedom of Assembly:** The decision emphasizes the need to avoid disproportionate restrictions on the right to freedom of peaceful assembly.
**** The decision has implications for Ukrainian citizens who may have experienced similar violations of their rights in Russia or in territories under Russian control before September 16, 2022. It confirms that even after Russia’s exclusion from the Council of Europe, the ECHR retains jurisdiction over cases related to events that occurred before that date.
