LASHMANKIN AND OTHERS v. RUSSIA - 57818/09 (Judgment (Merits and Just Satisfaction) : Court (Third Section)) [2017] ECHR 130 (07 February 2017)

LASHMANKIN AND OTHERS v. RUSSIA - 57818/09 (Judgment (Merits and Just Satisfaction) : Court (Third Section)) [2017] ECHR 130 (07 February 2017)

The Court found that the Russian authorities' repeated refusals to approve public assemblies, failure to propose reasonable alternatives, and lack of effective judicial remedies constituted violations of Articles 11 (freedom of assembly), 13 (effective remedy), and, in some cases, Articles 10 (freedom of expression), 14 (non-discrimination), 5 §1 (unlawful arrest), and 6 (fair trial) of the Convention. The authorities' justifications were not sufficiently substantiated, and the procedural framework did not provide adequate safeguards against arbitrary interference.

Citation
[2017] ECHR 130
Parties
Applicants: Lashmankin and Others; Respondent: Russian Federation
Jurisdiction
European Union
Judgment Date
07 February 2017
Procedural Posture
Application Under Article 34 ECHR (joined Applications) / Judgment by the European Court of Human Rights (third Section), Chamber
Outcome
Applications allowed in part; violations found
Legal Topics
Freedom of Assembly, Freedom of Expression, Effective Remedy, Discrimination, Unlawful Arrest, Judicial Review
Human Rights Law Constitutional Law Administrative Law Freedom of Assembly Freedom of Expression Effective Remedy Discrimination Unlawful Arrest +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 3 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Lashmankin and Others

Applicants

Russian Federation

Respondent

Procedural Posture

Application Under Article 34 ECHR (joined Applications) / Judgment by the European Court of Human Rights (third Section), Chamber

Legal Issues

  1. 1 Whether the Russian authorities' restrictions on public assemblies and related administrative/judicial practices violated Articles 10, 11, 13, 14, 5 §1, and 6 of the European Convention on Human Rights

Ratio Decidendi

The Court found that the Russian authorities' repeated refusals to approve public assemblies, failure to propose reasonable alternatives, and lack of effective judicial remedies constituted violations of Articles 11 (freedom of assembly), 13 (effective remedy), and, in some cases, Articles 10 (freedom of expression), 14 (non-discrimination), 5 §1 (unlawful arrest), and 6 (fair trial) of the Convention. The authorities' justifications were not sufficiently substantiated, and the procedural framework did not provide adequate safeguards against arbitrary interference.

Court Disposition

Applications allowed in part; violations found

Orders

  • Russian Federation to take general and individual measures to remedy violations
  • Award of just satisfaction to applicants under Article 41 ECHR