The European Court of Human Rights (ECHR) issued a judgment in the case of *Shcherbakov and Zhmutskaya v. Russia* concerning violations of the Convention for the Protection of Human Rights and Fundamental Freedoms. The applicants complained about the lack of impartiality of the tribunal due to the absence of a prosecuting party in their administrative-offence proceedings. The Court decided to join the two applications and asserted its jurisdiction because the events occurred before Russia ceased being a party to the Convention on September 16, 2022. The ECHR found a violation of Article 6 § 1 regarding the impartiality of the tribunal and also identified violations under other articles of the Convention, referencing its well-established case-law. The Court determined that there was no need to examine additional complaints raised by one of the applicants, and it awarded each applicant 5,000 euros in damages.
The judgment is structured as follows: it begins with the procedural history, outlines the facts of the case, addresses the joinder of the applications, and confirms the Court’s jurisdiction. The core of the judgment then focuses on the alleged violation of Article 6 § 1 concerning the lack of impartiality, referencing a previous similar case, *Karelin v. Russia*. It further examines other alleged violations under the Convention, citing relevant case-law and concluding that these also disclose breaches. Finally, it addresses remaining complaints and outlines the application of Article 41 regarding just satisfaction, awarding monetary compensation to the applicants. There are no indications of changes compared to previous versions, as this is the initial judgment.
**** The main provisions of this decision highlight the ECHR’s stance on the impartiality of tribunals in administrative-offence proceedings, particularly when a prosecuting party is absent. It also underscores the Court’s concern regarding restrictions on freedom of expression, unlawful detention, and the lack of suspensive effect of appeals against administrative detention sentences, especially in the context of public assemblies and expressions related to the war in Ukraine. These findings are crucial for understanding the ECHR’s interpretation of human rights violations in Russia before its exclusion from the Council of Europe and may have implications for similar cases involving Ukraine and Ukrainians, particularly concerning freedom of expression and assembly.
