Week-ending 21 May 2021
This week the European Court of Human Rights handed down two judgments regarding Russia, finding violations of Article 6 (fair trial) and Article 10 (freedom of expression) of the European Convention on Human Rights.
BERESTOV v. RUSSIA, 18 May 2021
Art 6 § 1 (civil) • Fair hearing • Domestic courts’ failure to demonstrate that they made reasonable efforts to duly summon applicant to the hearing in civil proceedings against him • No reasonable opportunity to present case without being in a substantial disadvantage vis-à-vis the other party • Absence in practice of appropriate means for applicant to secure a fresh adversarial hearing
A violation of Article 6 § 1 of the Convention on account of the applicant’s absence from hearings in civil proceedings against him; 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, the following amounts, to be converted into the currency of the respondent State at the rate applicable at the date of settlement: (i) EUR 1,500, plus any tax that may be chargeable, in respect of non-pecuniary damage; (ii) EUR 240, plus any tax that may be chargeable to the applicant, in respect of costs and expenses.
CASE OF OOO INFORMATSIONNOYE AGENTSTVO TAMBOV‑INFORM v. RUSSIA, 18 May 2021
Art 10 • Freedom of expression • Freedom to impart information and ideas • Legislation relating to parliamentary election pertaining to and limiting a media outlet’s participation in “pre-election campaigning” • Unjustified prosecution and conviction of applicant company for publication of certain articles and the results of an opinion poll on its internet site during the election period • Interference not “necessary in a democratic society”
Art 46 • Execution of judgment • Need for general legislative or jurisprudential measures
A violation of Article 10 of the Convention on account of the publication of A.’s articles; a violation of Article 10 of the Convention on account of the publication of the results of the online opinion poll; the respondent State is to pay, 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, plus any tax that may be chargeable to the applicant company: (i) EUR 5,000, in respect of pecuniary and non‑pecuniary damage; (ii) EUR 2,500 to Ms Margarita Ledovskikh, in respect of costs and expenses.
