CASE OF LASHMANKIN AND OTHERS AGAINST RUSSIA

Interim Resolution CM/ResDH(2022)54

Execution of the judgments of the European Court of Human Rights

Lashmankin group against Russian Federation

(Adopted by the Committee of Ministers on 9 March 2022
at the 1428th meeting of the Ministers’ Deputies[1])

 

 

Application No.

Case

Judgment of

Final on

57818/09+

LASHMANKIN AND OTHERS (List of cases CM/Notes/1428/H46-27-app)

07/02/2017

29/05/2017

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocol No. 11 (hereinafter “the Convention”);

Having regard to the final judgments of the Court finding violations of Articles 11, 10, 5 and 6 of the Convention mainly on account of breaches of the applicants’ freedom of assembly through the dispersal of unauthorised peaceful demonstrations not posing any threat to public order and their ensuing arrest and unfair or/and excessively severe criminal or administrative convictions and imprisonment;

Recalling that the right to freedom of peaceful assembly guaranteed by the Convention is a fundamental right in a democratic society and one of its foundations;

Recalling that the Committee of Ministers, since June 2018, has repeatedly called for necessary changes in law and in practice, which are now summarised in H/EXEC(2022)2;

Noting with deep concern that, despite these calls the authorities have not yet provided information demonstrating tangible progress achieved in this regard, while there are at the same time strong indications that the problem persists, including an influx of new judgments from the European Court and concerns expressed by the Commissioner for Human Rights of the Council of Europe among others;

Noting with deep concern in this regard, in particular, reports of dispersals and arrests across Russia of thousands of peaceful demonstrators opposing the aggression of the Russian Federation against Ukraine, in clear and blatant violation of their right to spontaneous assemblies;

Reaffirming the unconditional obligation of every respondent State, under Article 46, paragraph 1, of the Convention, to abide by final judgments in cases to which it is a party;

URGED the authorities to ensure that the Public Events Act complies with requirements of the Convention, in particular, by improving notification rules; limiting the discretion of local authorities in approving public events; legitimising spontaneous assemblies; ceasing to consider several solo demonstrations as one mass assembly;

 

URGED the authorities to ensure that other laws comply with the Convention, in particular, by clarifying the Information Act with regard to the blocking of social media accounts and punishment for calls for peaceful assembly, which should always be subject to judicial control; clarifying also the anti-extremism legislation with regard to the discretionary powers of prosecutors to issue notifications against public events, ensuring that criminal sanctions against peaceful demonstrators, notably deprivation of liberty, are in principle excluded;

URGED the authorities to take further measures to ensure that the authorities’ practice complies with the Convention, starting with a clear high-level message of tolerance for all, including unauthorised, peaceful assemblies, and ensuring, in particular, that the use of force by the police is proportionate and that trials imposing sanctions for participation in assemblies are fair;

 

UNDERLINED the importance of safeguarding the ability for NGOs to communicate without hindrance with the Committee under Rule 9 of the Rules of the Committee of Ministers for the supervision of the execution of judgments and requested the authorities to provide information in connection to the claim that one NGO was labelled a “foreign agent” as a result of, among other things, its communication under Rule 9 of the Committee’s Rules of Procedure;

DECIDED to resume examination of these cases at its 1451st meeting (December 2022) (DH).

 

                [1] It is recalled that, in consequence of the serious violation by the Russian Federation of its obligations under Article 3 of the Statute of the Council of Europe, the Committee of Ministers on 25 February 2022 decided to suspend the Russian Federation from its rights of representation in the Council of Europe. It is further recalled, however, that in accordance with Resolution CM/Res(2022)1, the Russian Federation remains subject to its obligations under the European Convention on Human Rights, it may continue to participate in the meetings of the Committee of Ministers only when the latter exercises its functions in respect of the supervision of the execution of judgments under Article 46 of the Convention with a view to providing and receiving information concerning the judgments where they are the respondent or applicant State, without the right to participate in the adoption of decisions by the Committee nor to vote.

 

Full & Egal Universal Law Academy