Communicated on 18 December 2017
THIRD SECTION
Application no. 51064/13
Ruslan Eldarovich BASYROV and Others
against Russia
lodged on 22 March 2012
SUBJECT MATTER OF the CASE
The application concerns the statutory ban on membership of a public association which, amongst other things, represents convicted prisoners in detention. The third applicant had to refuse membership requests of the first and second applicants, both convicted prisoners in detention at the material time, by reference to that statutory ban, even though it was otherwise willing to accept them as its members.
QUESTIONS
1. Did the applicants challenge the contested provisions of the Public Associations Act before the Constitutional Court? If not, did they exhaust domestic remedies? In particular, is the Constitutional Court an effective remedy in the circumstances?
2. Does the restriction on the first and second applicants’ right to become members of a public association and the restriction on the third applicant’s right to admit members imposed by the Public Associations Act disclose a violation of Article 11 of the Convention? In particular, does this restriction pursue a legitimate aim? Is the restriction proportionate or is it a blanket ban on convicted prisoners, irrespective of the length or type of detention, a disproportionate or arbitrary measure?
APPENDIX
1. Ruslan Eldarovich BASYROV is a Russian national who was born in 1981 and lives in the Bashkortostan Republic.
2. Dmitriy Lvovich VASILYEV is a Russian national who was born in 1958 and lives in the Komi Republic.
3. Komi Human Rights Commission “Memorial” is an NGO with the registered office in Syktyvkar.
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