The European Court of Human Rights (ECtHR) issued a judgment in the case of Kanevskiy and Others v. Russia, concerning multiple applications related to disproportionate measures taken against organizers and participants of public assemblies in Russia. The applicants primarily complained about their arrest and conviction for administrative offenses for participating in public events, often related to protests, including those concerning COVID-19 restrictions and protests against the war in Ukraine. The Court found that these measures violated Article 11 of the Convention, which guarantees freedom of assembly. Additionally, the Court identified violations related to unlawful detention and the lack of impartiality in administrative proceedings, referencing its well-established case-law. The Court decided that there was no need to examine separately the remaining complaints under Article 6 of the Convention. The Court awarded the applicants sums for pecuniary and non-pecuniary damage.
The decision addresses the joinder of multiple applications due to their similar subject matter and confirms the Court’s jurisdiction over cases occurring before Russia’s cessation as a party to the Convention on September 16, 2022. The core of the judgment focuses on the alleged violation of Article 11, referencing established principles on freedom of assembly and proportionality of interference, as well as previous case-law regarding COVID-19 restrictions. The Court also addresses other alleged violations under its well-established case-law, concerning unlawful deprivation of liberty, absence of a prosecuting party in administrative proceedings, and the lack of suspensive effect of appeals against administrative detention sentences. The decision concludes by addressing the application of Article 41, awarding compensation to the applicants.
The most important provision of this decision is the confirmation that measures taken against organizers and participants of public assemblies in Russia, particularly in the context of COVID-19 restrictions and protests against the war in Ukraine, were disproportionate and violated Article 11 of the Convention. The decision also highlights the systematic issues related to unlawful detention and fairness of administrative proceedings in Russia, awarding sums to the applicants. **** The decision is important as it relates to protests against the war in Ukraine.
