Kasparov v. Russia - 21613/07 - Legal Summary [2013] ECHR 1215 (03 October 2013)

Kasparov v. Russia - 21613/07 - Legal Summary [2013] ECHR 1215 (03 October 2013)

The domestic courts' refusal to hear defence witnesses and their uncritical acceptance of police evidence violated the applicants' right to a fair hearing under Article 6 § 1. The arrest and fining of applicants for participating in a peaceful, albeit unauthorised, demonstration was disproportionate and not necessary in a democratic society, violating Article 11.

Citation
[2013] ECHR 1215
Parties
Applicants: Kasparov and Others; Respondent: Russia
Jurisdiction
European Union
Judgment Date
03 October 2013
Procedural Posture
Application to the European Court of Human Rights / Judgment
Outcome
violations of Article 6 § 1 and Article 11 found; compensation awarded
Legal Topics
Freedom of Peaceful Assembly, Fair Hearing, Administrative Offences, Police Powers, Equality of Arms
Human Rights Law Criminal Law Administrative Law Freedom of Peaceful Assembly Fair Hearing Administrative Offences Police Powers Equality of Arms

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Parties

Kasparov and Others

Applicants

Russia

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment

Legal Issues

  1. 1 Whether the applicants' right to a fair hearing under Article 6 § 1 was violated by refusal to call defence witnesses and uncritical acceptance of police evidence
  2. 2 Whether the applicants' right to freedom of peaceful assembly under Article 11 was violated by arrest and imposition of administrative fines for participating in an unauthorised but peaceful demonstration

Ratio Decidendi

The domestic courts' refusal to hear defence witnesses and their uncritical acceptance of police evidence violated the applicants' right to a fair hearing under Article 6 § 1. The arrest and fining of applicants for participating in a peaceful, albeit unauthorised, demonstration was disproportionate and not necessary in a democratic society, violating Article 11.

Court Disposition

violations of Article 6 § 1 and Article 11 found; compensation awarded

Orders

  • EUR 10,000 each to the first, second and fifth applicants for non-pecuniary damage
  • EUR 4,000 each to the third, fourth, sixth, seventh and eighth applicants for non-pecuniary damage