Russ v Germany · No. 44241/20
European Court of Human Rights · 20 May 2025 · Article 11
Benjamin Russ wore a sheet of transparent plastic over his eyes at a Frankfurt demonstration. He had written a political slogan on it. His protest was peaceful. The question that followed him through the German courts was whether the visor’s ability to deflect pepper spray made wearing it a crime.
How the conviction survived appeal
The Frankfurt District Court treated the homemade visor as prohibited protective equipment. The Regional Court reduced the fine to €300 but upheld the conviction. A further appeal failed, and the Federal Constitutional Court declined to examine his complaint. Russ took his freedom-of-assembly claim to Strasbourg.
Why the protest itself mattered
The European court asked what danger Russ had presented at this gathering. There had been violence elsewhere in Frankfurt that day. The domestic judgments had explained what the plastic could do, but had not explained why this demonstrator posed a threat or weighed his right to participate peacefully. The conviction violated Article 11, read in light of freedom of expression.
The money he received and the conviction he could challenge
Germany’s execution report records payment of €7,305.35 on 2 October 2025 for his domestic legal costs. The Court considered the finding sufficient for non-financial harm and identified reopening as the appropriate route to address the conviction. Germany reported in June 2026 that Russ had yet to apply for a retrial. The Committee of Ministers closed its supervision on 2 September 2026.
Judgment and sources
Read the Strasbourg judgment in HUDOC
Germany’s action report, including the payment and reopening record
Final execution resolution of 2 September 2026
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