Savenko and Others v. Russia, No. 13918/06, ECtHR (Third Section), 14 September 2021

Dissolution of an association for its alleged failures to submit annual activity reports and to bring its name in conformity with national legislation. Refusal to register a political party on the grounds of its alleged ethnic affiliation.

Art. 11 ECHR

1. The harmonious interaction of persons and groups with varied identities is essential for achieving social cohesion. Where a civil society functions in a healthy manner, the participation of citizens in the democratic process is to a large extent achieved through belonging to associations in which they may integrate with each other and pursue common objectives collectively.

2. While political parties play an essential role in ensuring pluralism, associations formed for purposes other than the political ones are also important to the proper functioning of democracy. Pluralism is also built on the genuine recognition of, and respect for, diversity and ethnic and cultural identities, religious beliefs, artistic, literary and socio-economic ideas and concepts.

3. The State’s power to protect its institutions and citizens from associations that might jeopardise them must be used sparingly: exceptions to the rule of freedom of association are to be construed strictly, and only convincing and compelling reasons can justify restrictions on that freedom.

4. Even though States are entitled to require organisations seeking official registration to comply with reasonable legal formalities, such requirements should not be used to hinder the freedom of association of groups disliked by the authorities or advocating ideas that the authorities would like to suppress.

5. Although any measure taken against political parties affects both freedom of association and, consequently, democracy in the State concerned, a State may be justified in imposing on them the duty to respect and safeguard the rights and freedoms guaranteed by the Convention, and not to put forward a political programme in contradiction with the fundamental principles of democracy.

6. The prohibition of ethnic affiliation of a political party as such is not incompatible with the provisions of the Convention. It may therefore serve as a legitimate ground for the refusal of registration of a political party, insofar as the reasons put forward by the national authorities were sufficient to justify the impugned measure.
(In the present case the Court unanimously found that the dissolution of a national Bolshevik association and the refusal of registration of the related political party by the domestic authorities amount to a violation of article 11 ECHR).