KOCHKIN A OSTATNÍ proti Rusku

THIRD SECTION

CASE OF KOCHKIN AND OTHERS v. RUSSIA

(Applications nos. 2171/18 and 3 others –

see appended list)

JUDGMENT

STRASBOURG

26 February 2026

This judgment is final but it may be subject to editorial revision.

In the case of Kochkin and Others v. Russia,

The European Court of Human Rights (Third Section), sitting as a Committee composed of:

Úna Ní Raifeartaigh, President,
Mateja Đurović,
Vasilka Sancin, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having deliberated in private on 5 February 2026,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in applications against Russia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table.

2. The Russian Government (“the Government”) were given notice of the applications.

THE FACTS

3. The list of applicants and the relevant details of the applications are set out in the appended table.

4. The applicants complained of the various restrictions on the right to freedom of expression. They also raised other complaints under the provisions of the Convention.

THE LAW

1. JOINDER OF THE APPLICATIONS

5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.

2. Jurisdiction

6. The Court observes that the facts giving rise to the alleged violations of the Convention occurred prior to 16 September 2022, the date on which the Russian Federation ceased to be a party to the Convention. The Court therefore decides that it has jurisdiction to examine the present applications (see Fedotova and Others v. Russia [GC], nos. 40792/10 and 2 others, §§ 68‑73, 17 January 2023).

3. ALLEGED VIOLATION OF ARTICLE 10 of the Convention

7. The applicants complained principally of the various restrictions on the right to freedom of expression. They relied, expressly or in substance, on Article 10 of the Convention.

8. The Court has previously stated that freedom of expression constitutes one of the essential foundations of a democratic society and one of the basic conditions for its progress and for each individual’s self-fulfilment. Subject to Article 10 § 2, it is applicable not only to “information” or “ideas” that are favourably received or regarded as inoffensive or as a matter of indifference, but also to those that offend, shock or disturb. Such are the demands of that pluralism, tolerance and broadmindedness without which there is no “democratic society” (see, among the recent authorities, Morice v. France [GC], no. 29369/10, § 124, ECHR 2015; Pentikäinen v. Finland [GC], no. 11882/10, § 87, ECHR 2015; and Bédat v. Switzerland [GC], no. 56925/08, § 48, ECHR 2016). Moreover, the Court reiterates the general principles concerning various issues under Article 10 established in its case law, in particular, as to failure by the domestic authorities to apply standards in conformity with principles embodied in Article 10, or to base their decisions on an acceptable assessment of the relevant facts (see RID Novaya Gazeta and ZAO Novaya Gazeta v. Russia, no. 44561/11, §§ 111-12, 11 May 2021) and conviction for calls to participate in public events (see Elvira Dmitriyeva v. Russia, nos. 60921/17 and 7202/18, §§ 77-90, 30 April 2019).

9. In the above leading cases the Court already found a violation in respect of issues similar to those in the present cases (see RID Novaya Gazeta and ZAO Novaya Gazeta, cited above, §§ 112-13, and Elvira Dmitriyeva, cited above, § 90).

10. Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of these complaints. The Court considers that in the instant case the Russian authorities had failed to carry out a Convention-compliant balancing exercise in conformity with the criteria laid down in the Court’s case‑law and to apply standards which were in conformity with the principles embodied in Article 10 of the Convention.

11. These complaints are therefore admissible and disclose a breach of Article 10 of the Convention.

4. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW

12. Some applicants submitted other complaints which also raised issues under the Convention, given the relevant well-established case-law of the Court (see appended table). These complaints are not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention, nor are they inadmissible on any other ground. Accordingly, they must be declared admissible. Having examined all the material before it, the Court concludes that they also disclose violations of the Convention in the light of its findings in Karelin v. Russia, no. 926/08, §§ 58-85, 20 September 2016, concerning the absence of a prosecuting party in the proceedings under the Code of Administrative Offences; Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, 26 June 2018, relating to unlawful detention; Navalnyy and Yashin v. Russia, no. 76204/11, 4 December 2014, and Kasparov and Others v. Russia, no. 21613/07, 3 October 2013, concerning disproportionate measures taken against the applicants as organisers or participants of public assemblies; Martynyuk v. Russia, no. 13764/15, §§ 38-42, 8 October 2019, relating to the lack of suspensive effect of an appeal against the sentence of administrative detention; and Novikova and Others v. Russia, nos. 25501/07 and 4 others, §§ 106-225, 26 April 2016, relating to disproportionate measures taken by the authorities against participants of solo manifestations.

5. REMAINING COMPLAINTS

13. The applicant in application no. 2171/18 raised further additional complaints under the Convention provisions concerning other aspects of his prosecution and its effects. In view of the findings in paragraphs 11-12 above, the Court considers that there is no need to deal separately with these remaining complaints.

6. APPLICATION OF ARTICLE 41 OF THE CONVENTION

14. Regard being had to the documents in its possession and to its case‑law (see, in particular, Taganrog LRO and Others v. Russia, nos. 32401/10 and 19 others, § 300, 7 June 2022, and Matveyev and Others v. Russia [Committee], nos. 4128/18 and 4 others, § 11, 6 February 2025), the Court considers it reasonable to award the sums indicated in the appended table.

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

1. Decides to join the applications;
2. Holds that it has jurisdiction to deal with these applications as they relate to facts that took place before 16 September 2022;
3. Declares the complaints under Article 10 of the Convention and the other complaints under the well-established case-law of the Court, as set out in the appended table, admissible, and finds that there is no need to examine separately the remaining complaints;
4. Holds that these applications disclose a breach of Article 10 of the Convention concerning the various restrictions on the right to freedom of expression;
5. Holds that there has been a violation of the Convention and its Protocols as regards the other complaints raised under the well-established case-law of the Court (see appended table);
6. Holds

(a) that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;

(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

Done in English, and notified in writing on 26 February 2026, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Viktoriya Maradudina Úna Ní Raifeartaigh
Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 10 of the Convention

(various restrictions on the right to freedom of expression)

[1] Plus any tax that may be chargeable to the applicants.