European Rights Watch

ECHR: Legislation Introduced by Russia to Stifle Dissent about War in Ukraine Violates Freedom of Expression.

March 24, 2025

By: Bridget Congo

Impunity Watch News Staff Writer

STRASBOURG, FRANCE— On February 11, 2025, in the case Novaya Gazeta and Others v. Russia, the European Court of Human Rights (ECHR) issued a ruling against the Russian Federation, finding that it violated the European Convention on Human Rights by passing laws that oppressed free speech regarding the war in Ukraine.

*Yevgeny Roizman, a Russian opposition politician, was detained and investigated for criticizing Russia’s involvement in the military conflict in Ukraine. Photo Courtesy of REUTERS.*

On February 24, 2022, when Russia invaded Ukraine, their Federal Services for Supervision of Communications, Information Technology and Mass Media (Roskomnadzor, the “RKN”) mandated that media outlets utilize only official Russian sources for reporting on the operation, threatening immediate blocking of materials deemed “false” as well as issuing take-down requests (“TDRs”). Then, on March 4, 2022, Russia’s parliament enacted legislation that made sweeping amendments to their Code of Administrative Offences (the “CAO”) and their Criminal Code – criminalizing the dissemination of “fake news” about the military, with penalties of up to 15 years in prison. Subsequently, numerous independent media websites were blocked for their coverage of the conflict. Individuals were also implicated under these new laws. This case comprises two (2) independent media outlets, Novaya Gazeta and Dozhd TV, as well as 161 other individual applicants who faced convictions through criminal or administrative proceedings for expressing dissenting views on Russia’s military action in Ukraine. In May 2022, the RKN charged Novaya Gazeta with disseminating “fake news”, an offence under Article 13.15(9) of the CAO. Most individuals in this case were charged under either Article 207.3 of the Criminal Code or Articles 13.15 and 20.3 of the CAO.

The ECHR concluded that Russia’s actions constituted a coordinated effort to suppress dissenting opinions regarding the war in Ukraine. The Court emphasized that the imposed sanctions were exceptionally severe and served to intimidate society, effectively silencing independent voices on matters of critical public interest. Consequently, the Court held that Russia violated Articles 10 and 34 of the European Convention on Human Rights, along with other provisions concerning specific applicants.

The Court determined unanimously that Russia violated Article 10, citing systematic suppression of dissenting voices, with national courts penalizing any narratives using the term “war” instead of the official portrayals of the invasion as “special military operations.” The Court emphasized that even during emergencies, freedom of political speech must be protected under the public interest of democratic society and that applicant’s statements did not incite violence or unlawful activities. Finally, the Court noted an absence of efforts by Russia to balance national security interests with the public’s right to information on significant issues like armed conflict and alleged war crimes.

The Court found a violation of Article 34 concerning the Novaya Gazeta media outlet. Despite interim measures issued by the Court, Russian authorities revoked the newspaper’s publication license and blocked access to its websites, undermining the right to individual petition.

The court identified additional breaches involving five (5) applicants. First, Article 3 (Prohibition of Inhuman or Degrading Treatment), applicants were subjected to confinement in metal cages or narrow glass cabins during detention hearings. Second, Article 5 §§ 1, 3, and 4 (Right to Liberty and Security), issues included unwarranted arrests, pre-trial detentions, and delays in reviewing appeals against detention orders. Finally, Article 8 (Right to Respect and Family Life), unjustified searches of applicants’ homes were conducted by Russian officials without proper justification.

For further information, please see:

Blackstone Chambers — Novaya Gazeta and Others v. Russia — 12 Feb. 2025

ECHR — Judgment Novaya Gazeta and Others v. Russia — 2 Feb. 2025

Reuters News — Russia fights back in information war with jail warning — 4 Mar. 2022

ECHR Declares Italy’s Failure to Address Criminal Organization Dumpsites Constitutes Violation of Right to Life

February 17, 2025

By: Jacob Samoray

Journal of Global Rights and Organizations, Senior Article Editor

ITALY – The European Court of Human Rights ruled late last month that inaction by the Italian State in addressing the illegal dumping, burning, and burying of garbage on private land across the Campania region. The waste included hazardous materials, and increased rates of cancer and groundwater pollution have been recorded in the area, effects linked to illegal dumping in the area. This dumping has overwhelmingly been carried out by organized crime syndicates that operate in the Terra dei Fuochi region of Campania.

The court announced in a Chamber judgement that the Italian government’s failure to adequately respond to the situation constituted a violation of the ECHR’s Article 2 Right to Life. The Court paid particular attention to what it perceived to be a serious failure to act diligently and expeditiously despite the State’s knowledge of the situation and its severity. The ECHR Court requested that the state draft a “comprehensive strategy” to address the situation, including the creation of independent monitoring mechanisms and creation of a means of informing the public of the situation, and any dangers presented to them. A 2-year time-limit has been set by the Court for Italy to meet these requests, during which time the pending applications against the State will be adjourned.

*Illegal burn pile in Scafati, Italy, near Naples. Photo courtesy of Angelo Ferrillo.*

Campania holds 90 municipalities including Naples, the regional capital, and is home to roughly 2.9 million Italian citizens. The initial suit was brought by 41 Italian nationals who live in the Campania region, as well as 5 different organizations based in the region.

The epidemic is largely linked to criminal organizations operating illegal waste disposal services. The Camorra, the primary syndicate behind such operations, began waste disposal operations in the mid-1980’s due to the significantly lower risk compared to other illicit operations, paired with the high potential for profits. The organization operates by undercutting legitimate waste disposal companies who are bound by environmental regulations, taxes on business, and safety requirements that have the effect of driving up the prices of waste disposal. Costs are cut by completely disregarding these safety guidelines, dumping hazardous waste and municipal garbage in quarries, glens, and private property all across the region. This tactic of undercutting legitimate waste disposal services has led to a near monopoly on waste management in Campania for The Camorra.

While the Italian government has taken steps to address issues of land pollution and air pollution due to burning of hazardous waste (increasing law enforcement efforts cracking down on illegal dumping; increasing punishments for illegally burning trash; adoption of legislative decrees creating government groups to combat the issue) efforts only began as late as 2014, and have not been effective in combatting the environmental damage and health crisis posed by such operations. Recent crackdowns by law enforcement, bolstered by harsher penalties, have been effective in causing Camorra members to inform on their organization to authorities. With any hope, the international pressure of the ECHR will provide further pressure to address the issue more effectively.

For further information, please see:

ECHR – Cannavacciuolo and Others v. Italy – 1 Jan. 2025.

ECHR – Judgment concerning Italy – 1 Jan. 2025.

ECHR – Prolonged inaction by Italian State on widespread dumping put Terra dei Fuochi residents’ lives at risk – 30 Jan. 2025.

National Museum of Organized Crime and Law Enforcement – The Camorra and the Garbage Racket in the ‘Land of Fires’ – 23 Mar. 2020.

The International Court of Justice Hears Largest Case in History on Climate Change

February 3, 2025

By: Sierra Radley

Journal of Global Rights and Organizations, Associate Articles Editor

THE HAGUE, Netherlands – On March 29, 2023, the U.N. General Assembly adopted a resolution requiring the International Court of Justice (ICJ) to issue an advisory opinion on “the obligations of States in respect to climate change.” The ICJ held public hearings for this opinion from December 2 to December 13.

96 countries and 11 international organizations participated in the hearings, including Germany, the United Kingdom, Canada, Saudi Arabia, the World Health Organization, and the European Union. 90 countries sent written testimony into the ICJ. This case is the largest in ICJ history.

Climate change activists behind this case emphasized that climate change threatens the human rights of people around the world. The nation of Vanuatu, a collection of islands in the South Pacific Ocean, led the movement for the ICJ to consider this case. Vanuatu is increasingly susceptible to the impacts of climate change because of sea-level rise in the Pacific Ocean. Vanuatu’s lawyers believe that many of its citizens will die because of rising sea waters and want those who are responsible to be held accountable for the rise in sea level.

Various courts have recently considered the link between human rights and climate change. In 2024, the European Court of Human Rights held that Switzerland violated its citizens’ human rights by failing to decrease greenhouse gas emissions. In 2019, the Dutch Supreme Court held that human rights are affected by climate change and the government must protect its citizens’ human rights through climate-friendly actions. These decisions acknowledged that human rights are affected by climate change. This link between human rights and climate change is likely to be discussed in the ICJ’s opinion.

This is not the first request for an advisory opinion on climate change from the ICJ. Palau and the Marshall Islands tried to request an opinion around 10 years ago. However, that attempt failed because of political resistance.

This ICJ opinion has not been released yet, but is expected in 2025. Even though this opinion is not binding, it could further the link between human rights and climate change, and serve as a reference for future climate litigation. Many courts use the ICJ’s rulings as guidance, and this decision could lead to increased climate litigation.

For further information please see:

Associated Press – A landmark climate change case will open at the top U.N. court as island nations fear rising seas – 1 Dec. 2024

Center for International Environmental Law – Advancing Climate Justice at the International Court of Justice – 27 Nov. 2024

The Guardian – Handful of countries responsible for climate crisis, top court told – 2 Dec. 2024

ICJ – Conclusion of the Public Hearings Held from December 2 to December 13, 2024 – 13 Dec. 2024

The New Yorker – The International Court of Justice Takes on Climate Change – 14 Dec. 2024

The New York Times – What to Know About a Landmark Court Case – 5 Dec. 2024

Sabin Center for Climate Change Law – The ICJ’s Advisory Opinion on Climate Change: What Happens Now? – 29 Mar. 2023

European Court of Human Rights Finds that the Russian Federation Violated the European Convention of Human Rights in their Prosecution of Konstantin Kotov

February 3, 2025

By: Jesse Elmer

Impunity Watch News Staff Writer

STRASBOURG, France – On November 24^th, The European Court of Human Rights (“ECHR”) found that the Russian Federation violated the European Convention on Human Rights in their handling of criminal proceedings against applicant Konstantin Aleksandrovic Kotov. The court found that Kotov’s punishments were disproportionate, and he had been punished for actions protected under the Convention.

*Russian Police arrest activist Konstantin Aleksandrovic Kotov. Photo Courtesy of Amnesty International.*

The case related to convictions Kotov received under administrative and criminal law proceedings regarding public political protests and encouraging others to attend those protests. The protected conduct the Russian Federation punished him for included chanting anti-government slogans, participating in peaceful protests, and calling upon others to do the same.

The Constitutional Court of the ECHR referenced their previous rulings in determining that the sentence was disproportionate. The Court has held that sentencing a person to prison for assembling was only possible when the assembly is not peaceful, where significant harm is inflicted, or where there was real threat of significant harm.

Kotov’s original trial in Moscow lasted less than a day and had a complicated procedural history in Russia itself before reaching the ECHR. His original trial lasted less than a day and he earned a four year sentence in prison for violating Russia’s notorious Article 212.1. The Constitutional Court of Russia remanded the case and the sentence was reduced to a year and a half.

This case is part of a larger effort repress political competition on the part of the Russian Federation, and represents only the first time Mr. Kotov was been targeted. The Russian Federation uses vague anti-extremism laws to prosecute opposition. The Russian court system has prosecuted members of the media under legislation that labels them as “foreign agents,” “undesirables” or “extremists.”

Following this arrest, the Russian government arrested Kotov again in 2024 for donating to Alexei Navalny’s political organizations. The Russian government had labeled them as “extremist.” In August 2024, A Moscow court ruled to place Kotov under house arrest until October. The donation in question was 3,000 rubles, equivalent to $32.60 USD.

For further information, please see:

European Court of Human Rights Press Release – Judgment Concerning the Russian Federation – Nov. 26 2024

Human Rights Watch – Update on Human Rights in the Russian Federation and the Continuing Need for a Special Rapporteur on Russia – Aug. 28 2024

The Moscow Times – Moscow Activist Kotov Detained for Allegedly Donating to Navalny’s ‘Extremist’ Groups – Aug. 22 2024

Amnesty International – Russia: Prisoner of Conscience Konstantin Kotov will Remain in Jail – 20 Apr. 2020

The European Court of Human Rights’ Judgment Concerning Human Trafficking in Slovakia

November 18, 2024

By: Emma Bissell

Impunity Watch News Staff Writer

Slovakia – The ECHR held that the State of Slovakia violated a woman’s Article 4 rights which protect from slavery and forced labor and required the State to pay 41,000 Euros in damages.

*The European Court of Human Rights Headquarters, which recently heard B.B. v. Slovakia. Photo Courtesy of the European Court of Human Rights.*

Applicant B.B., a Slovak national, was initially raised in State care before moving in with a family, for whom she worked as a maid. She eventually was kicked out of the home and found herself homeless. In 2010, it was arranged by an unnamed party, “Y”, for B.B. to go to the United Kingdom with him, work as a prostitute, manage his household all while earning no money. With no other alternative to homelessness, B.B. went willingly.

Two years later she was taken in by the Salvation Army and returned to Slovakia in 2012 under a program for the support and protection of victims of human trafficking. She was then registered with a state supported charity for human trafficking victims, Charita, until the government ultimately informed the charity that “Y” was charged with pimping instead of human trafficking; the group then had no choice but to release her from their care.

This misstep did not cease Charita’s efforts to support the applicant as they continued to send information concerning the ordeal in the UK to the Banska Bystrica police. The force noted the human trafficking concerns, but, due to jurisdictional issues, the case was sent to the Humenne police force who treated the conduct as pimping despite investigators from the UK concluding that B.B. had been trafficked.

In November of 2015, Y was found guilty of pimping and sentenced to one-year in prison, a far shorter sentence than that of a human trafficking conviction. The judgment was appealed to and affirmed by the regional court. In 2017, both the Minister of Justice and B.B. herself launched 3 total complaints each of which were unsuccessful in the Supreme Court.

The complaints specified that the Slovakian authorities’ failure to treat the offense as one of human trafficking had violated B.B.’s rights under Article 4 of the European Convention on Human Rights. This article, meant to prohibit slavery and forced labor, includes an obligation to carry out an effective investigation into a credible suspicion of human trafficking; the state did not conduct such an investigation.

Eventually, this case was brought to the European Court of Human Rights in September 2021. The court had two issues to resolve:

Whether the State was obligated, under Article 4 of the Convention, to carry out an effective investigation into the credible claim of human trafficking.
Whether the State complied with such an obligation, if it existed.

The evidence of this case supported the presence of such credible suspicion of human trafficking especially when considering B.B.’s vulnerability and lack of a reasonable alternative. The court held that Article 4 does create an obligation to critically investigate national and transnational trafficking regardless of whether it was a part of an organized scheme or whether it was an independent instance. The court found that the State did not uphold its obligation and thus violated B.B.’s article 4 rights.

The initial categorization of this conduct as pimping, rather than human trafficking, permitted “Y” to escape liability for violating a fundamental human right. This violation persisted when the State failed to investigate despite sufficient evidence and numerous appeals. The lenient sentencing on this matter undermines deterrence, safety, and effectiveness of both Slovakia’s counter-trafficking efforts and the Convention of Human Rights as a whole.

Ultimately Slovakia has to pay B.B. 26,000 euros in respect of non-pecuniary damages as well as 15,000 euros with respect to litigation costs and expenses.

For further information, please see:

ECHR – Judgement in the Case of B.B. v. Slovakia – 24 Oct. 2024

ECHR – Judgment Concerning Slovakia – 24 Oct. 2024

ECHR – Trafficking in Human Beings, Fact Document – 24 Oct. 2024

Equality and Human Rights Commission – Article 4: Freedom from slavery and forced labor – 4 May 2016