The ECHR awarded 76 500 euros to twenty participants of a Moscow rally for fair elections, including our applicant Mikhail Fayto


21 April 2023

The European Court found a violation of Article 11 of the Convention, which guarantees the right to peaceful assembly, in relation to all the applicants. Besides, in some of the cases, the ECHR established that the participants of the events were deprived of their liberty in violation of Article 5 of the Convention and were denied a fair trial in violation of Article 6 of the Convention.

On 27 July 2019, a protest rally was to take place in Moscow, organized by the candidates who had not been admitted to the elections to the Moscow legislative body (Mosgorduma). The police began to arrest the participants of the rally even before the event started, and clashes between protesters and law enforcement officers were also reported. According to OVD-info, the police detained about 800 people in total.

Mikhail Fayto was among the protesters. Later, in his application to the Crew Against Torture, he alleged that he was arrested near the Moscow mayor’s office and, while the policemen were carrying him, «they dipped his face into a flower bed.» Mr. Fayto spent 2,5 hours in the police vehicle, and then he was taken to the police station, where a protocol was drawn up under Article 20.2 of the Code of Administrative Offenses (Violation of the established procedure for organizing or holding a meeting, rally, demonstration, march or picket), imposing a fine of 15 000 rubles. The judgment of the European Court stipulates that in the case of Mikhail Fayto, three articles of the Convention were violated at once: the right to liberty and security of person, to a fair trial and to freedom of peaceful assembly.

Another complaint of Mikhail Fayto is currently pending before the ECHR. It relates to the police violence at the rally of 3 August 2019. Mikhail spoke in detail about the events of that day in our film.

It’s noteworthy to recall that Russia does not execute the ECHR judgments that became final after the date of 15 March 2022.