NOVAYA GAZETA AND OTHERS v. RUSSIA - 11884/22 (Article 10 - Freedom of expression - {general} : Third Section) [2025] ECHR 39 (11 February 2025)

NOVAYA GAZETA AND OTHERS v. RUSSIA - 11884/22 (Article 10 - Freedom of expression - {general} : Third Section) [2025] ECHR 39 (11 February 2025)

The Court found that the prosecution and sanctions imposed on the applicants for anti-war expression and independent reporting were not prescribed by law, were unforeseeable, and disproportionate. The measures were part of a broader campaign to suppress dissent regarding military action in Ukraine, failed to balance competing interests, and fostered self-censorship. The retrospective application of the law and the severity of penalties violated Article 10. Additional violations of Articles 3, 5, 8, and 34 were established due to degrading treatment, unjustified detention, lack of speedy review, and unjustified searches.

Citation
[2025] ECHR 39
Parties
Applicants: Novaya Gazeta and Others; Respondent: Russian Federation
Jurisdiction
European Union
Judgment Date
11 February 2025
Procedural Posture
Human Rights Application (ect Hr) / Final Judgment
Outcome
Violation of Articles 10, 3, 5, 8, and 34 of the Convention found against Russia.
Legal Topics
Freedom of Expression, Media Censorship, Criminal Liability for Speech, Administrative Sanctions, Suppression of Dissent, Retrospective Application of Law, Right to Liberty and Security, Right to Private and Family Life, Degrading Treatment, Right to an Effective Remedy
Human Rights Law Media Law Criminal Law Administrative Law Freedom of Expression Media Censorship Criminal Liability for Speech Administrative Sanctions +6 more

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Parties

Novaya Gazeta and Others

Applicants

Russian Federation

Respondent

Procedural Posture

Human Rights Application (ect Hr) / Final Judgment

Legal Issues

  1. 1 Whether prosecution and sanctions for anti-war expression and media reporting violated Article 10 (freedom of expression)
  2. 2 Whether the measures taken against applicants were prescribed by law, pursued a legitimate aim, and were necessary in a democratic society
  3. 3 Whether the applicants' rights under Articles 3, 5, 8, and 34 were violated

Ratio Decidendi

The Court found that the prosecution and sanctions imposed on the applicants for anti-war expression and independent reporting were not prescribed by law, were unforeseeable, and disproportionate. The measures were part of a broader campaign to suppress dissent regarding military action in Ukraine, failed to balance competing interests, and fostered self-censorship. The retrospective application of the law and the severity of penalties violated Article 10. Additional violations of Articles 3, 5, 8, and 34 were established due to degrading treatment, unjustified detention, lack of speedy review, and unjustified searches.

Court Disposition

Violation of Articles 10, 3, 5, 8, and 34 of the Convention found against Russia.

Orders

  • Russian Federation to take appropriate individual and general measures to remedy the violations.
  • Russian Federation to pay just satisfaction to the applicants as specified in the operative part of the judgment.