Here’s a breakdown of the European Court of Human Rights’ decision in the case of *Khakim and Others v. Russia*:
1. **Essence of the Decision:**
The European Court of Human Rights (ECtHR) ruled that Russia violated Article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms in several cases related to disproportionate measures taken against solo demonstrators. The Court found that these measures infringed upon the applicants’ freedom of expression. Additionally, the Court identified violations related to unlawful detention, lack of impartiality in administrative offense proceedings, and disproportionate measures against participants in public assemblies, based on its well-established case law. The Court awarded monetary 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 over the cases because the events occurred before Russia ceased to be a party to the Convention on September 16, 2022.
* **Violation of Article 10:** The Court referenced previous similar cases (Novikova and Others v. Russia, Lashmankin and Others v. Russia) where it had found violations. It concluded that the restrictions on the applicants’ freedom of expression were not “necessary in a democratic society,” thus violating Article 10.
* **Other Violations:** The Court identified additional violations based on its existing case law, including unlawful deprivation of liberty, lack of a prosecuting party in administrative proceedings, disproportionate measures against public assembly participants, and the lack of suspensive effect of appeals against administrative detention sentences.
* **Remaining Complaints:** The Court decided that it was not necessary to address other additional complaints separately, given the findings of violations in the main issues.
* **Article 41 (Just Satisfaction):** The Court ordered Russia to pay the applicants specific amounts in compensation, dismissing any remaining claims for just satisfaction.
3. **Main Provisions for Use:**
* **Disproportionate Measures Against Solo Demonstrators:** The decision reinforces the principle that measures against solo demonstrators must be proportionate and not unduly restrict freedom of expression.
* **Unlawful Detention:** The ruling highlights that detaining individuals solely for the purpose of drawing up an administrative offense report is a violation of the Convention.
* **Lack of Impartiality:** The decision underscores the importance of an impartial tribunal, particularly the presence of a prosecuting party in administrative offense proceedings.
* **Freedom of Assembly:** The decision reaffirms the need for authorities to avoid disproportionate measures against organizers and participants in public assemblies.
* **Anti-war protests:** . Some decisions are related to anti-war protests.
This decision serves as a reminder of the importance of protecting fundamental freedoms, even in the context of solo demonstrations and public assemblies.
