The European Court of Human Rights (ECHR) held that Russia violated Article 10 of the European Convention on Human Rights (convention) in a press release on Tuesday. The violation concerned the case of Gadzhiyev and Gostev, who were dismissed from their respective positions as policemen and metro workers, after voicing concerns about their respective industry practices.
Article 10 of the convention states that “everyone has the right to freedom of expression.” This right extends to freedom of opinions and thought that can be imparted “without interference by public authority and regardless of frontiers”.
Gostev gave two interviews, raising concerns for the general public interest which could result from frequent technical incidents occurring on the metro. The ECHR determined his interview meant “to improve working conditions within the company”. The court considered whether the employer had been harmed due to the statements, yet deemed the possibility inconsequential as the information disclosed by the applicant was not of confidential nature, in addition to the lack of consideration by the Russian court. The harm was deemed greater to Gostev, per his dismissal and subsequent likely employment impediment. Thus, the ECHR held the decision violated Article 10 of the convention due to an inability to prove a direct correlation to the protection of democracy.
Gadzhiyev similarly stated his concerns about the corruption of the police force during public interviews, which led to sanctions. Domestic courts dismissed the issue as being of general interest and thus allowed the sanctions because there was insufficient evidence to support the claim made. The ECHR determined that the Russian court had strictly followed its domestic laws, which prevented the police from divulging any information about the industry. Regardless, the court found there was no means by which the suppression of his opinion was “necessary in a democratic society”.
Russia has previously been condemned for its numerous attempts to stifle dissent. Thee ECHR ruled the country violated Article 10 and 11 in Andrey Rylkov Foundation and Others v. Russia where NGO Free Russia Foundation (FRF) was listed as “undesirable” by the government. The court found that Russia’s repeated effort at restraining organizations’ activities violates fundamental human rights. In July 2022, UN human rights experts also criticized Russia’s use of “foreign agents” laws to suppress freedom of expression and of peaceful assembly.
Russia withdrew from the convention on September 16, 2022. The ECHR has agreed to continue assessing cases regarding Russian convention violations that were lodged before the country’s withdrawal.
