CASE OF KASPAROV AND OTHERS v. RUSSIA

Posted on 18.02.2016 11:43:00

Facts

The case concerned the arrest of a group of people ahead of an anti-government demonstration in April 2007—which had been authorized in a limited area—and their ensuing conviction for having breached the regulations on demonstrations. 

The court held there had been a violation of Article 6 § 1 (right to a fair trial) of the convention, and a violation of Article 11 (freedom of assembly and association). Government’s request for referral to Grand Chamber was rejected on 17 February 2014. 

The court found that the applicants’ defense rights had been limited in a manner incompatible with the guarantees of a fair trial, as their request to examine eyewitnesses had been refused. Their arrests had been disproportionate to the aim of maintaining public order. The applicants had been arrested and charged for the sole reason that the authorities had perceived their demonstration to be unauthorized. The court concluded that the forceful intervention had been disproportionate and had not been necessary for the prevention of disorder, in violation of Article 11. 

To read the case in the official translation, please go on the following link. To read the case in your language, please visit the European Human Rights Case Law Database for the countries of South East Europe


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