Article 11 Archives

The intervention of the police authorities to deter protesters who created riots for the protection of Parliament did not violate freedom of assembly. This right only protects peaceful gatherings

Article 11
18/01/2020 11:25

JUDGMENT Varoğlu Atik and others v. Turkey 14.01.2020 (no. 76061/14) see here SUMMARY Freedom of assembly and the limits of state intervention. The applicants had planned a peaceful demonstration, obtaining the approval of the police authorities, which they carried out. At the end of the demonstration, some demonstrators used force police against police officers, who […]

Unjustified continuation and duration of detention (21 months), credibility of witness with motivation for personal gain, conviction of peaceful anti-government protest organizers. The Court finds multiple ECHR violations and condemns!

1st P - Article 1
24/11/2019 12:27

JUDGMENT Razvozzhayev v. Russia and Ukraine and Udaltsov v. Russia 19.11.2019 (no. 75734/12, 2695/15, 55325/15) see here SUMMARY The case concerned the conviction of two men for organising “mass disorder” for their part in May 2012 opposition protests and resultant disturbances in central Moscow, an incident which has been at the centre of several earlier […]

The flash mobs * under the umbrella of the freedom of assembly

Article 11
19/11/2019 20:49

JUDGMENT Obote v. Russia 19.11.2019 (no. 58954/09) see here SUMMARY The case concerned the applicant’s prosecution for taking part in a flash mob, which the courts viewed as a static demonstration requiring previous notification. The Court considered the flash mob a “peaceful assembly” and found that the reasons given by the domestic authorities to justify […]

The denial of recognition of legal representative to human rights NGOs violated the right of association. Lack of clarity in the legislation and inadequacy of the national courts in its interpretation.

Article 11
28/08/2019 09:59

JUDGMENT Jafarov and others v. Azerbaijan 25.07.2019 (no. 27309/14) see here SUMMARY The case concerned the authorities’ repeated refusal to register a non-governmental organisation set up to defend human rights in Azerbaijan. The authorities’ ultimate reason for the refusal was the NGO founders’ failure to specify the powers of a “legal representative” in their founding […]

State party surveillance in order to detect endeavours hostile to the constitution. Appeals for failure to exhaust domestic remedies are inadmissible.

Article 10
27/08/2019 09:20

JUDGMENT Alternative für Deutschland v. Germany 04.07.2019 (no. 57939/18) see here SUMMARY German party surveillance suspected of hostile endeavours against the Constitution. Non-exhaustion of internal remedies. The case concerned public comments by the Federal Office for the Protection of the Constitution about its suspicion of endeavours hostile to the constitution by the applicant party. The Court found […]

7 years imprisonment for participating in a demonstration! Deprivation of the right of the freedom of assembly.

Article 11
16/08/2019 12:47

JUDGMENT Zülküf Murat Kahraman v. Turkey 16.07.2019 (no. 65808/10) see here SUMMARY The applicant was accused of participating in a protest against the detention conditions of Adhullah Öcalan, a member of the PKK. His conviction of a prison sentence of more than 7 years was based on a photograph of a man with his face […]

Strasbourg, the suspension of the plenary session of the Catalan Parliament and the freedom of assembly

1st P - Article 3
19/06/2019 18:44

JUDGMENT Forcadell i Lluis and others v. Spain 28.05.2019 ( no. 75147/17) see here SUMMARY Suspension of the plenary session of the Catalan Parliament. Freedom of assembly. Suspension of law, ensuring public security and protection of the rights and freedoms of others. The applicants complained that the temporary suspension of the Parliament’s plenary session, ordered by the […]

Dissolution of a foundation on account of its insufficient financial resources, did not breach the freedom of assembly and association.

Article 11
08/05/2019 19:11

JUDGMENT MIHR Foundation v. Turkey 07.05.2019 (no. 10814/07) see here SUMMARY Freedom of assembly and association. Dissolution of a foundation of civilization, knowledge, welfare and prosperity on account of its insufficient financial resources. Τhe Ankara District Court, had not ordered the dissolution of the MİHR foundation on account of its constitution or any incompatible activities, but […]

The unwarranted dissolution of a demonstration without warning for the dissolution and the unjustified use of force violated the right to freedom of assembly

Article 11
27/04/2019 20:02

JUDGMENT Ter-Petrosyan v. Armenia 25.04.2019 (no. 36469/08) see here SUMMARY Right to assembly. Dissolving the demonstration led by the former Armenian President and opposition leader. The protest was about election fraud. According to the ECtHR, the right to freedom of assembly was violated, since the dissolution was unjustified, there was no warning for its dissolution […]

Victory for the LGBT community against bans on public events in Russia.

Article 11
27/11/2018 17:53

JUDGMENT Alekseyev and others v. Russia 27.11.2018 (no. 14988/09 and 50 applications) see here SUMMARY The case, which brought together 51 applications from seven applicants, concerned the continued refusal by Russian authorities to approve organisers’ requests to hold LGBT rallies. The Court found that this case was relevantly similar to the case of Alekseyev v. […]

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