NEMYTOV AND OTHERS v. RUSSIA - 1257/21 (No Article 10 - Freedom of expression - {general} : Third Section) [2025] ECHR 125 (27 May 2025)

NEMYTOV AND OTHERS v. RUSSIA - 1257/21 (No Article 10 - Freedom of expression - {general} : Third Section) [2025] ECHR 125 (27 May 2025)

The Court found that the blanket bans and sanctions imposed on the applicants for participating in public events or solo demonstrations during COVID-19 restrictions were not supported by relevant and sufficient reasons, and the authorities failed to carry out a proper proportionality assessment. The sanctions were capable of having a chilling effect on the exercise of freedom of expression and assembly. The margin of appreciation was overstepped, and the interferences were not necessary in a democratic society, except in the first applicant's case regarding the administrative conviction for failing to comply with rules of conduct during a state of high alert, where the interference was...

Citation
[2025] ECHR 125
Parties
Applicants: Nemytov and Others; Respondent: Russian Federation
Jurisdiction
European Union
Judgment Date
27 May 2025
Procedural Posture
Application to the European Court of Human Rights / Judgment
Outcome
Violations found of Articles 10, 11, 5 § 1, 6 § 1, and Article 2 of Protocol No. 7; partial finding of no violation in respect of one administrative conviction.
Legal Topics
Freedom of Expression, Freedom of Assembly, COVID 19 Restrictions, Proportionality of Sanctions, Right to Liberty, Right to Fair Trial
Human Rights Law Administrative Law Public Health Law Freedom of Expression Freedom of Assembly COVID 19 Restrictions Proportionality of Sanctions Right to Liberty +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 15 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Nemytov and Others

Applicants

Russian Federation

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment

Legal Issues

  1. 1 Whether administrative sanctions for participation in public events during COVID-19 restrictions violated Articles 10 and 11 of the Convention
  2. 2 Whether the authorities' interference was necessary in a democratic society
  3. 3 Whether the applicants' deprivation of liberty was lawful under Article 5 § 1

Ratio Decidendi

The Court found that the blanket bans and sanctions imposed on the applicants for participating in public events or solo demonstrations during COVID-19 restrictions were not supported by relevant and sufficient reasons, and the authorities failed to carry out a proper proportionality assessment. The sanctions were capable of having a chilling effect on the exercise of freedom of expression and assembly. The margin of appreciation was overstepped, and the interferences were not necessary in a democratic society, except in the first applicant's case regarding the administrative conviction for failing to comply with rules of conduct during a state of high alert, where the interference was...

Court Disposition

Violations found of Articles 10, 11, 5 § 1, 6 § 1, and Article 2 of Protocol No. 7; partial finding of no violation in respect of one administrative conviction.

Orders

  • The Russian Federation is to take appropriate measures to remedy the violations found.
  • Applicants are entitled to just satisfaction as determined by the Court (details to be specified in the operative part).