freedom of assembly

υπερασπιστές ανθρωπίνων δικαιωμάτων

Impartial court because the father of the investigator who participated in the pre-trial procedure. The conviction of a prosecutor and a politician who participated in a demonstration for electoral fraud violated the right to assemble

JUDGMENT Jhangiryan v. Armenia 08.10.2020 (app. no. 44841/08 and  63701/09) & Smbat Ayvazyan v. Armenia 08.10.2020 (app.no.  49021/08) SUMMARY Participation in a demonstration – protest and the right to assemble. The applicants are public figures, prosecutors and former opposition MPs respectively. They took part in demonstrations that broke out in Armenia for election fraud. They […]

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υπερασπιστές ανθρωπίνων δικαιωμάτων

Permanent bodily injury of a protester in a spontaneous gathering due to excessive use of force by the police. Violation of the freedom of assembly

JUDGMENT Laguna Guzman v. Spain 6.10.2020 (app. no. 41462/17) see here SUMMARY The case concerned the applicant’s complaint that she had been left permanently injured after the police forcefully dispersed a spontaneous gathering that had taken place after an official demonstration. The Court found in particular that the spontaneous protest had been peaceful up until […]

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The imposition of a fine for organising a nationalist commemoration on the day of the Romanian national holiday did not breach the Convention

JUDGMENT Csiszer and Csibi v. Romani  05.05.2020 (no. 71314/13 and 68028/14) see here  SUMMARY The case concerned the imposition of an administrative fine on the applicants for organising a gathering on 1 December 2010, the day of the Romanian national holiday, to commemorate the founding of the Székely battalion. On 1 December 1918, in Cluj-Napoca, […]

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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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υπερασπιστές ανθρωπίνων δικαιωμάτων

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!

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 […]

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υπερασπιστές ανθρωπίνων δικαιωμάτων

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

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 […]

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Protest against the felling of trees into a park and protestors’ rights.

JUDGMENT  Chernega and others v. Ukraine  18-06-2019 (no. 74768/10) see here   SUMMARY  A protest againstthe felling of trees in a public park to build a road. Allegations of violations of protesters’ rights. State responsibility for acts of private guards recruited by a private company and coercing in the presence of the police. The ECtHR found […]

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

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 […]

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

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 […]

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ECHRCaseLaw

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