The European Court of Human Rights (ECtHR) recently ruled that Russia violated the right to free elections under Article 3 of Protocol No. 1 of the European Convention on Human Rights (ECHR) by disqualifying Lev Shlosberg, an opposition politician, from participating in the State Duma elections. Shlosberg, a member of the Yabloko party, was initially approved to run in the 2021 elections until a rival Green Party candidate initiated a lawsuit alleging his disqualification on grounds of association with an “extremist” organization that supported Alexei Navalny-related protests.
The Moscow City Court upheld the lawsuit, citing Shlosberg’s involvement with the organization as reason enough for his exclusion. Shlosberg subsequently condemned the court’s ruling as “illegal and unjustified,” stating it lacked a proper legal basis (Telegram Post).
In June 2022, Shlosberg contested his disqualification by filing an application with the ECtHR. Despite the fact that Russia is no longer a member of the ECHR due to its expulsion from the Council of Europe following the invasion of Ukraine, the ECtHR retains jurisdiction over cases filed before Russia’s removal on September 16, 2022. Currently, 17,450 applications against Russia are awaiting resolution, with 2,129 decisions still pending full implementation.
The ECtHR’s judgment was unanimous, affirming that the right to free elections as guaranteed by Article 3 of Protocol No. 1 of the ECHR had indeed been infringed. It also reiterated that participation in peaceful assemblies, a right protected under Article 11 of the ECHR, cannot serve as a justification for punitive actions such as disqualification from parliamentary elections. This stance was corroborated by a previous ECtHR ruling earlier this year.
Consequently, Russia has been ordered to compensate Shlosberg €5,000 for non-pecuniary damages and an additional €7,500 to cover legal expenses. More details on the ruling can be found on the JURIST website.