{"id":2093,"date":"2016-06-13T20:10:28","date_gmt":"2016-06-13T19:10:28","guid":{"rendered":"http:\/\/rcstaging.co.uk\/ehrac\/?p=2093"},"modified":"2021-05-21T18:40:39","modified_gmt":"2021-05-21T17:40:39","slug":"european-court-questions-russias-handling-of-bolotnaya-square-demonstration-hearings","status":"publish","type":[30],"link":"http:\/\/ehrac.org.uk\/en_gb\/european-court-questions-russias-handling-of-bolotnaya-square-demonstration-hearings\/","title":{"rendered":"European Court questions Russia\u2019s handling of Bolotnaya Square demonstration hearings"},"content":{"rendered":"\n\t\t
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On 13 June 2016, the\u00a0European Court of Human Rights requested that the Russian Government submit its observations<\/a>\u00a0in a case concerning the arrest and trial of ten people attempting to attend the public hearing on the\u00a0Bolotnaya Square demonstration in May 2012<\/a>. Nine of the applicants were represented by the\u00a0European Human Rights Advocacy Centre (EHRAC)<\/a>, based at\u00a0Middlesex University<\/a>, and\u00a0Memorial Human Rights Centre (Moscow)<\/a>. Memorial HRC also represents the tenth applicant, Maksim Zamarayev, in a separate application before the European Court.<\/p>\n

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Police detain a protester outside the Zamoskvoretsky courthouse in Moscow on February 21, 2014. \u00a92014 Reuters<\/p><\/div>\n

The Bolotnaya Square demonstration took place on 6 May 2012 in Moscow, against alleged abuses and falsifications during the November 2011 parliamentary and March 2012 presidential elections.\u00a0A number of the protesters were arrested.<\/a>\u00a0On 21 February 2014, the ten applicants planned to attend a hearing in the criminal case concerning the Bolotnaya Square demonstration in Moscow, at which the judgment was due to be given. The court house was cordoned off by the police, and the applicants could not enter. No explanation was given. Along with other members of the public, the crowd started chanting\u00a0\u201cFreedom for the 6 May prisoners\u201d<\/em>,\u00a0\u201cFreedom for political prisoners\u201d<\/em>\u00a0and\u00a0\u201cRussia without Putin\u201d<\/em>. All ten applicants were arrested at various times throughout the day, and convicted of administrative offences.<\/p>\n

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In their application to the European Court, the applicants claim that the measures taken against them were unlawful and disproportionate given that they were protesting peacefully, and that their apprehension at the protest was arbitrary, in violation of their rights to freedom of expression, assembly and association (Articles 10 and 11 of the European Convention on Human Rights \u2013 ECHR). Five of the applicants complain that their detention following their arrest was arbitrary (under Article 5\u00a71 ECHR). They argue several violations of their right to a fair trial:<\/p>\n