ECHR judgment of December 4, 2018 in the case of Asainov and Sibiryak (Asainov and Sibiryak) against the Russian Federation (applications No. 16694/13 and 32701/13).
The case was successfully considered by the applicants' applications that the administrative proceedings in their cases did not comply with the guarantees of a fair trial, as they were unable to call and question key witnesses in their cases. The applicants also claimed that their right to peaceful assembly had been violated. The case has violated the requirements of Article 6 § 1 and Article 11 of the Convention for the Protection of Human Rights and Fundamental Freedoms.
In 2013, complainants were assisted in preparing applications. Subsequently, the applications were merged and communicated to the Russian Federation.
In their applications, the claimants who participated in the demonstration on May 6, 2012, complained that the administrative proceedings in their cases did not comply with the guarantees of a fair trial, since they could not summon and question key witnesses in their cases. The applicants also claimed that their right to peaceful assembly had been violated.
On December 4, 2018, on applications filed by the applicants, the European Court unanimously ruled that in the present case the authorities violated the requirements of Article 6 § 1 of the Convention (right to a fair trial), Article 11 of the Convention (right to freedom of assembly and association), and ordered the respondent State to pay each of the applicants 7,500 euros in non-pecuniary damage.