Week-ending 13 November 2020
This week there were two rulings of the European Court of Human Rights in relation to Russia, finding violations of Articles 3, 5, 6, 11 in the case of Navalnyy and Gunko v. Russia, and Article 41 in the case of Tkachenko v. Russia.
Navalnyy and Gunko v. Russia, 10 November 2020:
Art 3 (substantive) • Degrading treatment • Unnecessary force used during public police arrest in absence of visible resistance
Art 5 § 1 • Lawful arrest or detention • Unjustified and arbitrary administrative detention for approximately eighteen and twenty hours respectively
Art 6 § 1 (administrative) • Fair hearing • Convictions for an administrative offence based exclusively on standardised documents submitted by the police • Failure to use every reasonable opportunity to check police incriminating statements • Lawfulness of police order not considered
Art 11 • Freedom of peaceful assembly • Failure to discharge positive obligation to ensure peaceful conduct at Bolotnaya Square assembly • Arrest and conviction for administrative offences • Measures not necessary in a democratic society
The Court holds there was a violation of Article 3 of the Convention in respect of the first applicant; a violation of Article 5 § 1 of the Convention in respect of each applicant; a violation of Article 6 § 1 of the Convention as regards the fairness of the administrative proceedings in respect of each applicant; a violation of Article 11 of the Convention in respect of each applicant; that the respondent State is to pay the applicants, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, the following amounts, to be converted into the currency of the respondent State at the rate applicable at the date of settlement: EUR 8,500, plus any tax that may be chargeable, to the first applicant (Mr Navalnyy) in respect of non-pecuniary damage; EUR 7,500, plus any tax that may be chargeable, to the second applicant (Mr Gunko) in respect of non-pecuniary damage.
Tkachenko v. Russia, 10 November 2020:
Art 41 • Just satisfaction – Review in order to award sums to surviving claimants
The Court holds that that the respondent State shall pay, within three months from the day on which the judgment has become final in accordance with Article 44 § 2 of the Convention, the following sums, to be converted into the currency of the respondent State at the rate applicable on the date of settlement : EUR 10 000 to Mr Mikhail Aleksandrovich Tkachenko and EUR 10 000 to Mr Aleksandr Mikhaylovich Tkachenko for non-pecuniary damage, plus any amount which may be due by way of tax ;
EUR 5,000 jointly to Mr Mikhail Aleksandrovich and Mr Aleksandr Mikhaylovich Tkachenko for material damage, plus any amount that may be due as tax.