Here’s a breakdown of the Golovizin and Others v. Russia decision:
1. **Essence:** The European Court of Human Rights (ECHR) ruled that Russia violated Article 11 (freedom of assembly) of the Convention in the cases of several applicants who faced disproportionate measures for participating in public events, particularly rallies in support of Alexei Navalny, during COVID-19 restrictions. The Court also found violations related to unlawful detention, lack of impartiality in administrative proceedings, and convictions for calls to participate in public assemblies. These violations stem from actions taken by Russian authorities before Russia ceased to be a party to the Convention on September 16, 2022. The Court has joined these applications due to their similar subject matter. The applicants were awarded compensation for pecuniary and non-pecuniary damage.
2. **Structure and Main Provisions:**
* The judgment addresses multiple applications concerning similar complaints.
* It confirms the Court’s jurisdiction over events that occurred before Russia’s exit from the Convention.
* The core issue is the violation of Article 11 due to disproportionate measures against participants in public assemblies.
* It references previous case-law establishing principles on freedom of assembly and proportionality of interference.
* The decision highlights violations related to unlawful detention (Article 5), lack of impartiality in court proceedings (Article 6), and convictions for calls to participate in public events (Article 10).
* The Court found no need to examine additional complaints under Article 6 separately, given the existing findings.
* The judgment concludes with the decision to award the applicants sums for damages and costs.
3. **Key Provisions for Use:**
* The ruling reinforces the importance of freedom of assembly, even during times of crisis (like COVID-19).
* It emphasizes that restrictions on public gatherings must be proportionate and necessary in a democratic society.
* The decision highlights specific issues with Russian administrative and judicial practices, including unlawful detentions and lack of impartiality.
* It can be used as a precedent in cases involving similar restrictions on freedom of assembly and related rights.
* The judgment serves as a reminder of the ECHR’s jurisdiction over actions taken by Russia before its withdrawal from the Convention.
**** This decision may have implications for Ukrainians, especially those who have faced similar restrictions on freedom of assembly or related rights in Russia or in territories under Russian control before September 16, 2022.
