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KABLIS v. RUSSIA JUDGMENT
refusal to approve the location of a public event. The Government had not
cited any cases of successful judicial review.
63. The Government submitted that the applicant had challenged the
refusal to approve the location of his public event before the domestic
courts, which had carefully examined his complaint. He had participated in
the hearings and had appealed to a higher court. The appellate court had
re-examined the case in its entirety without being bound by the arguments
raised in the appeal submissions. The applicant had also lodged cassation
appeals. He had therefore had an effective remedy at his disposal.
2. The Court’s assessment
64. The Court reiterates that Article 13 guarantees the availability at
national level of a remedy in respect of grievances which can be regarded as
arguable in terms of the Convention (see Hasan and Chaush v. Bulgaria
[GC], no. 30985/96, § 96, ECHR 2000 XI). The Court has found that the
applicant’s right to freedom of assembly was violated. There was therefore
an arguable claim under Article 11 of the Convention.
65. The Court reiterates that the “effectiveness” of a “remedy” within
the meaning of Article 13 does not depend on the certainty of a favourable
outcome for the applicant. At the same time, the remedy required by
Article 13 must be “effective” in practice as well as in law, in the sense
either of preventing the alleged violation or its continuation, or of providing
adequate redress for any violation that has already occurred (see Kudła
v. Poland [GC], no. 30210/96, §§ 157 and 158, ECHR 2000 XI, and
Ananyev and Others v. Russia, nos. 42525/07 and 60800/08, § 96,
10 January 2012).
66. The scope of the Contracting States’ obligations under Article 13
varies depending on the nature of the applicant’s complaint. In the area of
complaints about restrictions on the freedom of assembly imposed before
the date of an intended assembly – such as, for example, a refusal of prior
authorisation or approval where they are required – the Court has already
observed that the notion of an effective remedy implies the possibility of
obtaining an enforceable decision concerning such restrictions before the
time at which the assembly is intended to take place (see Lashmankin and
Others, cited above, §§ 344-45).
67. In the recent case of Lashmankin and Others (cited above,
§§ 342-61) the Court found that the applicants had not had at their disposal
an effective remedy to challenge refusals to approve the location or time of
their public event or the manner in which it was to be conducted. The
judicial review remedy under former Chapter 25 of the CCP and the Judicial
Review Act available at the material time suffered from two defects which
rendered it ineffective under Article 13. Firstly, it did not allow an
enforceable judicial decision to be obtained on the authorities’ refusal to
approve an event’s location, time or manner of conduct before its planned