The European Court of Human Rights (ECtHR) issued a judgment in the case of *Popova and Others v. Russia*, concerning disproportionate measures taken against organizers and participants of public assemblies in Russia, particularly in connection with breaches of COVID-19 restrictions. The applicants complained about arrests and convictions for administrative offenses related to their participation in public events. The Court examined 21 similar applications jointly, finding violations of Article 11 (freedom of assembly) of the European Convention on Human Rights. Additionally, the Court identified violations related to unlawful detention and lack of impartiality in administrative proceedings, referencing its well-established case-law. The Court held that the interferences with the applicants\u2019 freedom of assembly were not \u201cnecessary in a democratic society\u201d. The Court awarded the applicants sums ranging from EUR 3,500 to EUR 5,000 for pecuniary and non-pecuniary damage.<\/p>\n
The judgment is structured as follows: it begins with the procedure, outlining the case’s origin and notification to the Russian Government. It then presents the facts, summarizing the applicants’ complaints regarding disproportionate measures during public assemblies. The legal analysis includes the joinder of applications and confirms the Court’s jurisdiction, as the events occurred before Russia ceased being a party to the Convention. The core of the judgment addresses the alleged violation of Article 11, referencing established case-law on freedom of assembly and proportionality. It also considers other alleged violations under existing case-law, particularly concerning unlawful deprivation of liberty and fairness of administrative proceedings. Finally, it addresses the application of Article 41, awarding compensation to the applicants. The appendix lists each application, detailing the applicant’s information, the nature of the public event, the administrative offense, the final domestic decision, other Convention violations, and the amount awarded.<\/p>\n
**** The most important provision of this decision is the reaffirmation that even during exceptional circumstances like a pandemic, restrictions on freedom of assembly must be proportionate and necessary in a democratic society. The decision highlights that measures such as arrests and administrative penalties for violating COVID-19 restrictions during public events can constitute a violation of Article 11 if they are disproportionate. Furthermore, the judgment underscores the importance of fair legal proceedings, particularly regarding the absence of a prosecuting party and unlawful detention, reinforcing the need for impartiality and adherence to the rule of law even in administrative offense cases. This decision also awards sums to the applicants, which means that Russia must pay the compensation.<\/p>\n