Week-ending 14 May 2021
This week there were eight judgments of the European Court of Human Rights handed down with regard to Russia finding violations of Article 3 (prohibition on torture), Article 5 (liberty and security of person), Article 6 (fair trial) and Article 10 (freedom of expression).
BATRAKOV v. RUSSIA, 11 May 2021
A violation of Article 3 of the Convention under its substantive and procedural limbs; a violation of Article 6 § 1 of the Convention; the respondent State is to pay the applicant, within three months, the following amounts, to be converted into the currency of the respondent State at the rate applicable at the date of settlement: (i) EUR 26,000, plus any tax that may be chargeable, in respect of non-pecuniary damage; (ii) EUR 2,500, plus any tax that may be chargeable to the applicant, in respect of costs and expenses, to be paid into his representative’s bank account.
GOROKH v. RUSSIA, 11 May 2021
A violation of Article 3 of the Convention under its substantive and procedural limbs; a violation of Article 6 § 1 of the Convention on account of the use in evidence of the applicant’s self-incriminating statements obtained as a result of his ill-treatment; the respondent State is to pay the applicant, within three months, EUR 26,000, plus any tax that may be chargeable, in respect of non-pecuniary damage, to be converted into the currency of the respondent State at the rate applicable at the date of settlement.
KILIN v. RUSSIA, 11 May 2021
Art 10 ● Freedom of expression ● Conviction for sharing content online within a small social-media group with intent to incite violence against non-Russian ethnicities, established in absence of commentary ● Video excerpt of a well-known “mockumentary” film, when taken out of context, reasonably perceived as stirring up ethnic discord calling for violence ● Applicant’s criminal intent relevant and sufficient despite absence of broader background tensions ● Proportionate penalties
Art 6 § 1 ● Public hearing ● Holding appeal hearing in camera not strictly required as a safety consideration ● No need to show actual damage to the defendant’s exercise of other procedural rights ● Public hearing at first instance not dispensing with the requirement for a public hearing on appeal
A violation of Article 6 § 1 of the Convention; the respondent State is to pay the applicant, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, EUR 1,500, plus any tax that may be chargeable, in respect of non-pecuniary damage to be converted into Russian roubles at the rate applicable at the date of settlement.
MUTSAYEVA v. RUSSIA, 11 May 2021
A violation of Article 6 § 1 of the Convention; the respondent State is to pay the applicant, within three months, EUR 2,000 in respect of non-pecuniary damage, to be converted into the currency of the respondent State at the rate applicable at the date of settlement, plus any tax that may be chargeable.
PETUKHOV v. RUSSIA, 11 May 2021
A violation of Article 3 of the Convention under its substantive and procedural limbs; a violation of Article 6 § 1 of the Convention on account of the use in evidence of the applicant’s confession statements obtained as a result of his ill-treatment; the respondent State is to pay the applicant, within three months, the following amounts, to be converted into the currency of the respondent State at the rate applicable at the date of settlement: (i) EUR 15,000, plus any tax that may be chargeable, in respect of non-pecuniary damage; (ii) EUR 420), plus any tax that may be chargeable to the applicant, in respect of costs and expenses.
RID NOVAYA GAZETA AND ZAO NOVAYA GAZETA v. RUSSIA, 11 May 2021
Art 10 • Freedom of expression • Use of caution procedure under anti-extremist legislation against applicant organisations concerning an article with quotations from manifesto of controversial nationalist group and symbols resembling Nazi ones • Recourse to this procedure designed to have a non-negligible chilling effect directly affecting freedom of expression, and particularly, in the present case, the freedom of the press • Domestic authorities’ failure to apply standards in conformity with principles embodied in Article 10 or to base their decisions on an acceptable assessment of the relevant facts • Interference with applicant organisations’ right to freedom of expression not “necessary in a democratic society”
A violation of Article 10 of the Convention in respect of each applicant organisation; the finding of a violation constitutes in itself sufficient just satisfaction for the non-pecuniary damage sustained by the second applicant organisation; the respondent State is to pay the first applicant organisation, 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: (i) EUR 2,000, plus any tax that may be chargeable, in respect of non-pecuniary damage; (ii) EUR 2,237, plus any tax that may be chargeable to the first applicant, in respect of costs and expenses.
SANNIKOV v. RUSSIA, 11 May 2021
A violation of Article 5 § 1 of the Convention; a violation of Article 3 of the Convention under its substantive and procedural limbs; a violation of Article 6 § 1 of the Convention; the respondent State is to pay the applicant, within three months, EUR 26,000, plus any tax that may be chargeable, in respect of non-pecuniary damage, to be converted into the currency of the respondent State at the rate applicable at the date of settlement.
SHARKOV v. RUSSIA, 11 May 2021
A violation of Article 3 of the Convention under its substantive and procedural limbs; the respondent State is to pay the applicant, within three months, the following amounts, to be converted into the currency of the respondent State at the rate applicable at the date of settlement: (i) EUR 12, plus any tax that may be chargeable, in respect of pecuniary damage; (ii) EUR 13,000, plus any tax that may be chargeable, in respect of non-pecuniary damage; (iii) EUR 500, plus any tax that may be chargeable to the applicant, in respect of costs and expenses.
