The ECHR found a violation of the requirements of Article 2 of Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms.

Заголовок: The ECHR found a violation of the requirements of Article 2 of Protocol No. 4 to the Convention for the Prot Сведения: 2018-07-25 07:57:33

The ECHR judgment of 27 March 2018 in Berkovich and Others v. Russia (applications no. 5871/07, 61948/08, 25025/10, 19971/12, 46965/12, 75561/12, 73574 / 13, 504/14, 31941/14 and 45416/14).

The case successfully examined the complaints of the applicants, admitted at various times to information constituting state secrets, that their right to travel outside the Russian Federation for personal interests after the end of work was limited, the applicants also pointed out that the problem was structurally character in its essence, since after two similar cases examined by the European Court, no changes were made to the legislation. The case involved a violation of the requirements of Article 2 of Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms.

In 2007, 2008, 2010, 2012, 2013 and 2014, the applicants were assisted in the preparation of applications. Subsequently, the applications were merged and communicated to the Russian Federation.

In their complaints, the applicants (10 people), admitted at various times to information constituting state secrets, complained that their right to travel outside the Russian Federation for personal interests after their work was limited. The applicants also pointed out that this problem is structural in nature, since after two similar cases examined by the European Court, no changes were made to the legislation.

On 27 March 2018, on the complaints submitted by the applicants, the Court unanimously held that in this case the Government violated the requirement of Article 2 of Protocol No. 4 to the Convention (freedom of movement) and ordered the respondent State to pay six applicants EUR 37,538 in respect of non-pecuniary damage . The Court also stressed that the failure to comply with the two earlier decisions contradicted Article 46 of the Convention and the Committee of Ministers of the Council of Europe should consider this issue.

 

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