This judgment concerns eight applications against Russia related to disproportionate measures taken against individuals for participating in public assemblies, particularly during COVID-19 restrictions and anti-war protests. The applicants complained about arrests and convictions for administrative offenses, arguing violations of their freedom of assembly under Article 11 of the Convention. The Court found that the interferences with the applicants’ freedom of assembly were not “necessary in a democratic society,” referencing its established case-law on freedom of assembly and proportionality. Additionally, the Court identified violations related to unlawful detention, lack of impartiality of tribunals, and delayed review of convictions, referencing prior similar cases.
The judgment is structured to address the joinder of applications, jurisdiction, alleged violation of Article 11, other alleged violations under well-established case-law, remaining complaints, and the application of Article 41 regarding compensation. The main provision is the finding that Russia violated Article 11 of the Convention due to disproportionate measures against participants in public assemblies. It also highlights violations related to detention and fair trial principles based on existing case-law. Compared to previous versions, this judgment consolidates multiple similar cases and reaffirms established principles in the context of COVID-19 restrictions and anti-war protests.
The most important provisions for its use are the reaffirmation of the principles of freedom of assembly and the finding that Russia’s actions were disproportionate and violated Article 11. Additionally, the judgment underscores the importance of fair trial principles, particularly regarding the impartiality of tribunals and the right to a prompt review of convictions. The Court also awarded monetary compensation to the applicants for pecuniary and non-pecuniary damage. **** This decision may be important for Ukrainians, as it concerns the violation of freedom of assembly, which is one of the fundamental rights.
