The ECHR judgment of February 12, 2019 in the case of Muchnik and Mordovin v. Russia (Muchnik and Mordovin v. Russia) (applications Nos. 23814/15 and 2707/16).
The case has successfully examined applications of unlawful and disproportionate interference with the right to freedom of expression and freedom of peaceful assembly. The case has violated the requirements of paragraph 1 of Article 6, paragraph 1 and subparagraph “b” of paragraph 3 of Article 6, Article 10 and Article 11 of the Convention for the Protection of Human Rights and Fundamental Freedoms.
In 2015 and 2016, the applicants were assisted in preparing applications. Subsequently, the applications were consolidated and communicated by the Russian Federation.
In their applications, the applicants complained that their conviction of an administrative offense constituted an unlawful and disproportionate interference with their rights to freedom of expression and freedom of peaceful assembly. They also complained about the absence of representatives of the prosecution at court hearings in administrative proceedings against them to consider picket cases. The applicants also submitted that they had not been given sufficient time and facilities to prepare their defense.
On February 12, 2019, in response to applications by the applicants, the Court unanimously ruled that in the present case the Russian authorities violated the requirements of Article 6 § 1 of the Convention (right to a fair trial), paragraph 1 and Article 6 § 3 (b) of the Convention in relation to the second applicant, Article 10 of the Convention (right to freedom of expression) in respect of the first applicant, Article 11 of the Convention (right to freedom of assembly and association) in respect of the second applicant. The Court obliged the respondent Government to pay EUR 5,200 to each applicant in respect of non-pecuniary damage.