Freedom of assembly and association

Prosecution and conviction for founding a political party on a religious (Muslim) basis violated its freedom of association

JUDGMENT Yordanovi v. Bulgaria 03.09.2020 (app. no. 11157/11) see here SUMMARY The case concerned the complaint by the two applicants about criminal proceedings brought against them for attempting to set up a political party on a religious basis. They complained of unjustified interference with their right to freedom of association and also of discrimination against […]

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Dissolution of a humanitarian association for alleged propaganda in favor of terrorism. Violation of the freedom of association

JUDGMENT Adana TAYAD v. Turkey 21.07.2020 (no. 59835/10) see here   SUMMARY The case concerned the dissolution of the applicant association, known as Adana TAYAD, ordered by the District Court on the grounds of illegal activities of certain members of the association’s board of directors, while the judgments handed down in the proceedings relating to those […]

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The Court agrees not to include the Romanian Communist Party in the list of political parties. Non-violation of its freedom of association

JUDGMENT Ignatencud and Romanian Communist Party (PCR) v. Romania 05.05.2020 (appl. no. 78635/13) see here  SUMMARY Freedom of association. Refusal to register on the list of political parties, a party claiming to be a successor to the communist party that ruled Romania during the totalitarian regime and disbanded in 1989 after the overthrow of power […]

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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

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 […]

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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.

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 […]

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

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 […]

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

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 […]

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