The European Court of Human Rights (ECtHR) issued a judgment in the case of *Maslova and Others v. Russia*, concerning multiple applications related to the suppression of anti-war protests in St. Petersburg. The applicants, organizers and participants of these public assemblies, alleged that Russia disproportionately applied measures against them for breaching COVID-19 restrictions. The ECtHR examined whether these measures, including arrests and administrative convictions, violated Article 11 of the Convention, which guarantees freedom of assembly. The Court found that the measures were indeed disproportionate and not “necessary in a democratic society,” thus violating Article 11. Additionally, the Court identified violations related to unlawful detention, lack of impartiality in administrative proceedings, and the lack of suspensive effect of appeals against administrative detention sentences. The Court awarded each applicant between 4,000 and 5,000 euros in damages.
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 briefly describes the applicants and their complaints. The “Law” section includes the joinder of the applications due to their similar subject matter and confirms the Court’s jurisdiction, as the events occurred before Russia ceased to be a party to the Convention. The core of the decision addresses the alleged violation of Article 11, referencing established case-law on freedom of assembly and proportionality. It then discusses other alleged violations under well-established case-law, followed by a statement that there is no need to examine separately the remaining complaints under Article 6 of the Convention. Finally, it addresses the application of Article 41 regarding just satisfaction, awarding monetary compensation to the applicants. The decision refers to previous case law, particularly *Nemytov and Others v. Russia*, to support its findings.
The most important provision of this decision is the confirmation that the restrictions imposed on public assemblies, particularly in the context of COVID-19 measures, were disproportionate and violated Article 11 of the Convention. This reaffirms the importance of freedom of assembly, even during public health crises, and sets a precedent for evaluating the necessity and proportionality of restrictions imposed on such freedoms. The decision also highlights the issues of unlawful detention and fairness of administrative proceedings in Russia, awarding compensation to the applicants for these violations. **** This decision could be relevant for future cases involving restrictions on freedom of assembly, particularly in the context of emergency measures or situations affecting Ukrainian citizens who participated in anti-war protests.
