Shlosberg V. Russia, No. 32648/22, ECtHR (Third Section), 3 September 2024

Candidate disqualified from standing in 2021 Russian Duma elections on arbitrary grounds.

Art. 3, Prot. 1 ECHR
Art. 11 ECHR

1. Lev Markovich Shlosberg, a Russian opposition politician, was disqualified from the 2021 State Duma elections for taking part in an unauthorised demonstration in support of Navalny and publicly expressing his support for the event. A rival candidate challenged his candidacy, claiming that he was linked to the organisation 'Navalny's Headquarters', which had been declared extremist by a Moscow court. Following the rejection of several appeals, Shlosberg was definitively excluded from the election.

2. The Court noted that the applicant had been disqualified from standing for election to the Duma six days after being admitted, due to his support for Navalny and his participation in a peaceful demonstration. The Court reiterated that freedom of assembly is a fundamental right protected by Article 11 of the Convention, and that sanctions such as electoral exclusion cannot be justified by the exercise of this right. While the ban was formally in accordance with the law, it was based on arbitrary grounds, resulting in a violation of Article 3 of Protocol No. 1 to the Convention.