Here’s a breakdown of the Dubinkin and Others v. Russia decision:
1. **Essence of the Decision:**
The European Court of Human Rights (ECtHR) found Russia in violation of Article 11 (freedom of assembly) of the Convention due to disproportionate measures taken against organizers and participants of public assemblies. The applicants were arrested and convicted for administrative offenses related to the dispersal of these assemblies. The Court also identified violations related to unlawful detention and lack of impartiality in administrative proceedings, referencing its well-established case-law. These violations stem from facts that occurred before Russia ceased to be a party to the Convention on September 16, 2022, thus the Court retained jurisdiction. The Court awarded compensation to the applicants for pecuniary and non-pecuniary damage.
2. **Structure and Main Provisions:**
The judgment begins with the procedure, outlining the origin of the applications and notification to the Russian Government. It then presents the facts, listing the applicants and details of their complaints regarding disproportionate measures during public assemblies. The legal analysis includes the joinder of the applications due to their similar subject matter and confirms the Court’s jurisdiction over the cases. The core of the decision addresses the alleged violation of Article 11, referencing established case-law on freedom of assembly and proportionality. The Court found that the interferences with the applicants’ freedom of assembly were not “necessary in a democratic society,” thus violating Article 11. The decision also addresses other alleged violations under the Convention, specifically unlawful deprivation of liberty and the absence of a prosecuting party in administrative proceedings. The Court concludes that there is no need to examine separately additional complaints under Article 6, given the findings on Article 11 and other violations. Finally, the decision outlines the application of Article 41, awarding specific sums to each applicant as compensation.
3. **Main Provisions for Use:**
The key takeaway is the ECtHR’s confirmation that measures taken by Russian authorities against organizers and participants of public assemblies were disproportionate and violated Article 11 of the Convention. The decision reinforces the importance of freedom of assembly and the need for any restrictions to be “necessary in a democratic society.” The judgment also highlights the inadmissibility of unlawful detentions and the necessity of a prosecuting party in administrative proceedings. The specific amounts awarded to each applicant, detailed in the appendix, serve as a reference for compensation in similar cases.
**** This decision is related to Russia, but it has implications for Ukraine and Ukrainians, as it concerns the violation of fundamental rights and freedoms, which are particularly relevant in the context of the ongoing conflict and human rights concerns in the region.
