The European court of human rights (ECtHR) found a violation of the long detention of the activist art group “War” Leonid Nikolayev, who died in the fall of 2015. The court ordered Russian authorities to pay his mother’s 1.3 thousand euros in compensation, reports the Agency “Interfax”.
“The court considered a violation of the stay of uncontested custody for 3 months and 8 days, recognized his mother by the applicant is who died tragically in 2015 son and ordered the state to pay her 1.3 million euros in compensation for moral harm”, – declared the lawyer Damir Gainutdinov representing the interests of the family.
According to him, a complaint to the ECHR filed Nikolaev. The reason for going to court was his arrest and subsequent maintenance in jail for 100 days after the resonant action “Palace coup”. The lawyer also noted that the ECHR decision became a precedent.
“Inheritance under article 5 of the European Convention for the protection of human rights and fundamental freedoms in the ECHR has been a contentious issue, not established a good practice. Why the European court in this judgment in the case Leonid Nikolaev has set a precedent,” explained case.
In 2015, the ECHR communicated the complaint of Nikolaev and asked the Russian authorities to recognize the violation of his rights and voluntarily pay compensation. Commissioner of Russia to the ECHR Georgy Matyushkin agreed. He later withdrew the Declaration of the death of Nikolaev.
Leonid Nikolayev participated in several high profile actions “War.” The most scandalous of these was the campaign “*** in the thrall of the FSB”, organized by the art group in June 2010. Then the activists were painted with paint on the Foundry bridge in St. Petersburg in front of the FSB 65-meter phallus, which residents saw when the bridge is lit.
As explained by the members of the art group, in such an extravagant way they opposed the government’s amendments to the law on the FSB that allows intelligence agencies to make “official caution” to any citizen “on the inadmissibility of the actions causing occurrence of the reasons and creating conditions for committing crimes”. Initially the activists were accused of vandalism, however, the court disagreed with the arguments of the investigation, determined that the lewd picture did not stop the work of the Foundry bridge. For disorderly conduct with Nikolaev recovered fine.
It is noteworthy that in this scandalous event “War” in 2010, was nominated for the state prize “Innovation” in the field of contemporary art, but the activists refused the award. Soon the Ministry of culture, calling the action “*** in the thrall of the FSB” disgusting, distanced itself from the award. The Ministry said that none of the representatives of the Ministry of culture was not included in the jury award, and the budget for the award itself did not stand out.
Leonid Nikolayev was also involved in another action. 20 may 2010 in Moscow, wearing a blue bucket, ran along the roof of the car Ford Focus with a flasher on the Kremlin embankment at a turn on the Borovitsky area. He explained that this action was a protest against officials who move to the capital with a “flashing lights”.
In September 2010, Nikolaev together with other participants of “War” near the Mikhailovsky castle in St. Petersburg overturned a police car. As stated, the action was called “a Palace coup”. In November of the same year Nikolaev and Oleg Vorotnikov were arrested in the case, filed a case on article 213 of the criminal code (“Hooliganism”). They face up to five years of imprisonment, but in February 2011 the district court of St. Petersburg took the decision to release the defendants on bail of 300 thousand rubles each.