Decision of the ECHR of February 12, 2019 in the case of Nikolaev v. Russia (Nikolayev v. Russia) (application No. 61443/13).
In the case, the application about excessive use of force and the use of handcuffs during the detention by police officers due to participation in the picket was successfully considered. The case has violated the requirements of Article 3, paragraph 2 of Article 6, Article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms.
In 2013, the applicant was assisted in preparing the application. Subsequently, the application was communicated to the Russian Federation.
In his application, the applicant complained about the excessive use of force against him and the use of handcuffs during his detention by the police because of his participation in the picket. The applicant also considered that his transfer to the internal affairs department for participating in the picket violated his rights, as well as his right to the presumption of innocence was violated. The applicant alleged that the authorities' actions constituted an unlawful and disproportionate interference with his rights to freedom of expression and freedom of peaceful assembly.
On February 12, 2019, on an application filed by the applicant, the European Court unanimously ruled that in the present case the Russian authorities violated the requirements of Article 3 of the Convention (prohibition of torture), Article 6 § 2 of the Convention (right to a fair trial), Article 10 of the Convention (right to freedom of expression), and ordered the respondent Government to pay the applicant EUR 9,800 in just satisfaction.