The ECHR found a violation of the Convention in the case of the performance on “Chekist Day”

The European Court of Human Rights found violations of the Convention for the Protection of Human Rights and Fundamental Freedoms when considering the case of the performance on “Chekist Day,” Network Freedoms reports . The decision was published on the court's website. The court also awarded compensation to Alexey Knedlyakovsky (Nekrasov) and Viktor Chirikov.

In 2016, activists in Krasnodar attached a wooden cross to a bust of Felix Dzerzhinsky. For this, the court sentenced them to 15 days of arrest under the article on petty hooliganism (Part 1 of Article 20.1 of the Administrative Code).

The court found a violation of the applicants’ rights to freedom of expression (Article 10 of the Convention), and in the Chirikov case also found a violation of the right not to be subjected to inhuman treatment (Article 3 of the Convention).

The ECHR decision states that the applicants' lawyers were not given the opportunity to attend the trial hearings. The Russian court also did not consider the question of whether the applicants' action was an expression of their opinion.

The European Court notes that by installing the cross on the monument the applicants sought to raise a debate regarding the policies of the Russian security service (FSB), that is, to express their opinion on an issue of public interest.

The ECtHR also found that the applicants' actions were peaceful and there was nothing to suggest that they were likely to cause public disorder. The court also noted that it was important that no physical damage was caused to the monument and that no expenses were incurred in connection with the installation of the cross.

The ECHR awarded compensation to Chirikov 8,300 euros, and Nekrasov - 7,500 euros.