The European Court of Human Rights Declares Attack on the band Pussy Riot by the Cossacks at the Sochi Winter Olympics Constituted a Violation of Human Rights

29-08-2023

Sofía Medina Sánchez 

International Justice and Human Rights Researcher 

Global Human Rights Defence 

On the 29th of August, the European Court of Human Rights issued its decision in the Verzilov and Others v. Russia, finding the Russian Federation in violation of the prohibition of inhuman or degrading treatment and the applicant’s freedom of expression. 

In 2014, five Russian nationals, members of the feminist punk band Pussy Riot, known for their critical songs about the government, attempted a protest performance at the Sochi Winter Olympics. Wearing their trademark balaclavas, they started singing a new protest song near an Olympic billboard. However, their performance was abruptly interrupted by ten men, some in Cossack uniforms, who forcefully grabbed them, removed their balaclavas, and physically assaulted them. The attackers used a whip and attacked the band members, causing injuries like scratches, bruises, contusions, swelling, and chemical burns to the eyes. The band was forced to halt their performance. Despite a preliminary inquiry that involved police interviews with Cossacks, eyewitnesses, scrutiny of video evidence, and medical reports, no legal proceedings were initiated. Over the course of ten decisions, the authorities consistently declined to open criminal proceedings, with the final refusal occurring in March 2015.

With regards to Article 3 of the European Convention of Human Rights (ECHR), the Court determined that the authorities’ response to the applicants’ credible claims of ill-treatment was limited to a preliminary police inquiry, which indicated a failure by the Russian State to fulfill its obligation to conduct a thorough investigation. Moreover, the Court identified shortcomings within the police inquiry. Notably, the authorities failed to assess the status and responsibilities of the four identified Cossacks and there was no effort to identify other attackers. Therefore, the Court concluded that the authorities did not carry out an effective investigation to identify and punish those accountable, thereby violating Article 3.

Regarding responsibility for the attack, the Government contended that the Cossacks acted in their private capacity and were not on duty. However, the Court highlighted the strong financial and operational ties between the State and Cossack service, including their involvement in assisting the police during the Olympics. The attackers, some in uniform, could be seen as performing official duties in maintaining public order. As such, a direct link between the Cossacks' attack and their role in public order maintenance existed. The State’s responsibility was evident irrespective of the formal duty status of the Cossacks.

With respect to Article 10 ECHR, the Court considered that the State’s actions had prevented the applicants from carrying out their performance in Sochi, and thus also amounted to a violation of their freedom of expression. 

Sources and further reading:

Case of Verzilov and Others v. Russia (Application no. 25276/15), Judgement, Third Section, 29th August 2023: https://hudoc.echr.coe.int/#{%22itemid%22:[%22001-226385%22]}

Press Release issued by the Registrar to the Court, ECHR 236 (2023) 29 August 2023: 

: https://hudoc.echr.coe.int/eng-press#{%22itemid%22:[%22003-7728720-10687602%22]}