European Court of Human Rights : Kobaliya and others v. Russia
- Author
- Dirk Voorhoof (UGent)
- Organization
- Abstract
- The European Court of Human Rights (ECtHR) once more found gross and systemic violations by the Russian state of the right to freedom of expression and freedom of association as protected by Articles 10 and 11 of the European Convention on Human Rights (ECHR). 107 applicants, including human rights organisations, media outlets and journalists, had complained about measures and sanctions in application of the Foreign Agents Act of 2012, as amended in 2017, 2019 and 2020 and the Federal Law No. 255-FZ of 14 July 2022 that repealed and replaced all previous “foreign agent” legislation. The ECtHR found the restrictions imposed by the Russian authorities on the applicants because of their status as “foreign agents” a breach of their freedom of expression and association and it labelled the legal provisions and their application as bearing “the hallmarks of a totalitarian regime”. The ECtHR build on its earlier case law in Ecodefence and others v. Russia (IRIS 2022-8:1/29), now also taking into consideration the broadening of the concept of “foreign agent” in the more recent version of the law, the expansion of the consequences of being labeled as “foreign agent” and the punitive measures and sanctions for non-compliance with the legal provisions of the Foreign Agent Act. In addition of the finding of a violation of the Articles 10 and 11 ECHR, the ECtHR also found that the applicants’ right to privacy under Article 8 ECHR has been violated by the Russian authorities.
- Keywords
- Right to freedom of expression, restrictions based on "foreign agent" legislation, violation of Article 10 ECHR, violation of Article 11 ECHR, violation of Article 8 ECHR, privacy, freedom of association, interferences as bearing the hallmarks of a totalitarian regime
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Citation
Please use this url to cite or link to this publication: http://hdl.handle.net/1854/LU-01JNETQJJJ995TBRX5G2V9QG69
- MLA
- Voorhoof, Dirk. “European Court of Human Rights : Kobaliya and Others v. Russia.” IRIS (ENGLISH ED. ONLINE), no. 2025–1, 2025, pp. 8–10.
- APA
- Voorhoof, D. (2025). European Court of Human Rights : Kobaliya and others v. Russia.
- Chicago author-date
- Voorhoof, Dirk. 2025. “European Court of Human Rights : Kobaliya and Others v. Russia.” IRIS (ENGLISH ED. ONLINE).
- Chicago author-date (all authors)
- Voorhoof, Dirk. 2025. “European Court of Human Rights : Kobaliya and Others v. Russia.” IRIS (ENGLISH ED. ONLINE).
- Vancouver
- 1.Voorhoof D. European Court of Human Rights : Kobaliya and others v. Russia. IRIS (ENGLISH ED. ONLINE). 2025. p. 8–10.
- IEEE
- [1]D. Voorhoof, “European Court of Human Rights : Kobaliya and others v. Russia,” IRIS (ENGLISH ED. ONLINE), no. 2025–1. pp. 8–10, 2025.
@misc{01JNETQJJJ995TBRX5G2V9QG69,
abstract = {{The European Court of Human Rights (ECtHR) once more found gross and systemic violations by the Russian state of the right to freedom of expression and freedom of association as protected by Articles 10 and 11 of the European Convention on Human Rights (ECHR). 107 applicants, including human rights organisations, media outlets and journalists, had complained about measures and sanctions in application of the Foreign Agents Act of 2012, as amended in 2017, 2019 and 2020 and the Federal Law No. 255-FZ of 14 July 2022 that repealed and replaced all previous “foreign agent” legislation. The ECtHR found the restrictions imposed by the Russian authorities on the applicants because of their status as “foreign agents” a breach of their freedom of expression and association and it labelled the legal provisions and their application as bearing “the hallmarks of a totalitarian regime”. The ECtHR build on its earlier case law in Ecodefence and others v. Russia (IRIS 2022-8:1/29), now also taking into consideration the broadening of the concept of “foreign agent” in the more recent version of the law, the expansion of the consequences of being labeled as “foreign agent” and the punitive measures and sanctions for non-compliance with the legal provisions of the Foreign Agent Act. In addition of the finding of a violation of the Articles 10 and 11 ECHR, the ECtHR also found that the applicants’ right to privacy under Article 8 ECHR has been violated by the Russian authorities.}},
articleno = {{2025-1:1/21}},
author = {{Voorhoof, Dirk}},
issn = {{2078-6158}},
keywords = {{Right to freedom of expression,restrictions based on "foreign agent" legislation,violation of Article 10 ECHR,violation of Article 11 ECHR,violation of Article 8 ECHR,privacy,freedom of association,interferences as bearing the hallmarks of a totalitarian regime}},
language = {{eng}},
number = {{2025-1}},
pages = {{2025-1:1/21:8--2025-1:1/21:10}},
series = {{IRIS (ENGLISH ED. ONLINE)}},
title = {{European Court of Human Rights : Kobaliya and others v. Russia}},
url = {{https://merlin.obs.coe.int/article/10207}},
year = {{2025}},
}