The European Court of Human Rights (ECHR) issued a judgment in the case of *Kashbullina and Others v. Russia*, concerning disproportionate measures taken against organizers and participants of public assemblies in St. Petersburg for breaching COVID-19 restrictions. The applicants complained about arrests and convictions for administrative offenses related to their participation in public events. The Court examined the complaints under Article 11 (freedom of assembly) and other provisions of the Convention. The ECHR found that the measures taken by Russian authorities were not “necessary in a democratic society,” thus violating Article 11. The Court also identified violations related to unlawful detention, lack of impartiality in administrative proceedings, and delayed review of convictions.
The decision is structured as follows: it begins with the procedure, outlining the case’s origin and notification to the Russian Government. The facts section details the applicants and their complaints. The “Law” section includes 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 (just satisfaction). The Court then states its decision, declaring the complaints admissible, finding violations of Article 11 and other Convention provisions, and ordering the respondent State to pay the applicants specified amounts in damages. This decision refers to previous case-law, particularly *Nemytov and Others v. Russia*, which addressed similar issues, ensuring consistency in the Court’s approach.
The most important provision of this decision is the confirmation that the ECHR has jurisdiction over cases against Russia for events that occurred before September 16, 2022, when Russia ceased to be a party to the Convention. The finding of a violation of Article 11 due to disproportionate measures against participants in public assemblies is also significant. Additionally, the decision highlights violations related to unlawful detention and the lack of impartiality in administrative proceedings, reinforcing the importance of fair trial principles even in administrative contexts. **** This decision may be relevant to Ukrainian citizens who have faced similar restrictions on freedom of assembly and related rights in Russia or Russian-occupied territories before September 16, 2022.
