KULVINSKAYA AND OTHERS v. RUSSIA - 28133/21 (Article 11 - Freedom of assembly and association : Third Section Committee) [2024] ECHR 117 (08 February 2024)

KULVINSKAYA AND OTHERS v. RUSSIA - 28133/21 (Article 11 - Freedom of assembly and association : Third Section Committee) [2024] ECHR 117 (08 February 2024)

The Court found that the interferences with the applicants' freedom of assembly were not necessary in a democratic society and that there were violations of Article 11 and other provisions of the Convention, in line with its established case-law.

Source-derived case information.

Citation
[2024] ECHR 117
Parties
Applicants: Kulvinskaya and Others; Respondent: Russian Government
Jurisdiction
European Union
Judgment Date
08 February 2024
Procedural Posture
Application Under Article 34 ECHR / Final Judgment
Outcome
Applications joined; complaints under Article 11 and other well-established case-law declared admissible; violations found; monetary awards ordered.
Legal Topics
Freedom of Assembly, Unlawful Detention, Impartial Tribunal, Administrative Offences, Right to Fair Trial
Human Rights Law Administrative Law Freedom of Assembly Unlawful Detention Impartial Tribunal Administrative Offences Right to Fair Trial

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Parties

Kulvinskaya and Others

Applicants

Russian Government

Respondent

Procedural Posture

Application Under Article 34 ECHR / Final Judgment

Legal Issues

  1. 1 Whether the measures taken against applicants as organisers or participants of public assemblies violated Article 11 of the Convention
  2. 2 Whether there were violations of the Convention and its Protocols regarding unlawful detention and lack of impartiality in administrative-offence proceedings

Ratio Decidendi

The Court found that the interferences with the applicants' freedom of assembly were not necessary in a democratic society and that there were violations of Article 11 and other provisions of the Convention, in line with its established case-law.

Court Disposition

Applications joined; complaints under Article 11 and other well-established case-law declared admissible; violations found; monetary awards ordered.

Orders

  • Respondent State to pay applicants the amounts indicated in the appended table within three months, converted into the currency of the respondent State at the rate applicable at the date of settlement.
  • Simple interest payable on the above amounts from expiry of three months until settlement at the marginal lending rate of the European Central Bank plus three percentage points.