Here’s the analysis of the ECtHR decision in Yegorov and Others v. Russia:
Essence of the decision:
The case concerns multiple applications against Russia regarding violations of freedom of expression, particularly related to calls for participation in public events and protests. The Court found violations of Article 10 of the Convention in all cases, where applicants were penalized for organizing or calling for participation in public assemblies. The Court determined that these restrictions were not necessary in a democratic society and lacked “pressing social need.”
Structure and main provisions:
1. The Court joined 12 different applications due to similar subject matter
2. The Court confirmed its jurisdiction over cases that occurred before Russia’s exit from the Convention (16 September 2022)
3. The decision addresses various types of restrictions:
– Administrative fines and detention for organizing public events
– Criminal charges for repeated violations of assembly rules
– Restrictions on internet access and participation in public assemblies
– Penalties for social media posts calling for participation in rallies
Key important provisions:
1. The Court reaffirmed that minor breaches of public event procedures that don’t create real risks of public disorder cannot justify restrictions on freedom of expression
2. The Court established that heirs have standing to pursue applications in cases where the original applicant has died, provided they have legitimate interest
3. The Court awarded monetary compensation to all applicants, ranging from 3,500 to 5,000 euros
4. The decision confirms that posting calls for participation in public events on social media falls under protected speech under Article 10
5. The Court found that immediate execution of administrative detention without possibility of appeal violates Protocol 7 Article 2 of the Convention
: This decision has implications for Ukraine as it establishes important precedents regarding freedom of assembly and expression in post-Soviet space, particularly in the context of political protests and social media activism.
