Prohibition of a demonstration in front of prison and the right to assembly
JUDGMENT
Körtvélyessy v. Hungary 3/10/2017 (no. 3) (no. 58274/15)
SUMMARY
Protest on a street in front the prison facilities regarding the confitions of political prisoners. Prohibition of the demonstration for traffic reasons. Violation of freedom of assembly
PROVISION
Article 11
PRINCIPAL FACTS
The applicant, Zoltán Körtvélyessy, is a Hungarian national who was born in 1965 and lives in Budapest. The case concerned his complaint about the authorities banning a demonstration he had planned.
On 16 April 2010 the police authorities banned a demonstration Mr Körtvélyessy intended to organise the next day in Budapest in front of the Venyige Street prison to draw attention to “the situation of political prisoners”. They notably found that there was no alternative route for the traffic in the neighbourhood, meaning that a demonstration would cause great disruption. Because of the ban, the demonstration did not take place.
Mr Körtvélyessy requested judicial review of the police decision. His complaint was, however, rejected on 22 April 2010 on the ground that the demonstration would have seriously hampered the flow of traffic in the vicinity.
Relying in particular on Article 11 (freedom of assembly and association) of the European Convention, Mr Körtvélyessy alleged that the reasons underlying the ban had been political, arguing that Venyige Street had been wide enough to accommodate the expected 200 participants without major incident.
THE DECISION OF THE COURT
Violation of Article 11
Just satisfaction: The Court held that the finding of a violation constituted in itself sufficient just satisfaction for the non-pecuniary damage sustained by Mr Körtvélyessy. It further awarded Mr Körtvélyessy EUR 1,000 for costs and expenses(echrcaselaw.com editing).
