Case 10_41

10_41 interference 41. The Court points out that prior notice had been given of the demonstration in question and that it was not prohibited. In joining it, the applicant availed himself of his freedom of peaceful assembly. Moreover, neither the report made by the Chief Superintendent of the Basse-Terre police nor any other evidence shows that Mr Ezelin himself made threats or daubed graffiti. The Court of Appeal found the charge of not having "dissociate[d] himself from the demonstrators’ offensive and insulting acts or [left] the procession" (see paragraph 20 above) proven. The Court of Cassation noted that at no time did he "express his disapproval of these excesses or leave the procession in order to dissociate himself from these criminal acts" (see paragraph 21 above). The Court accordingly finds that there was in this instance an interference with the exercise of the applicant’s freedom of peaceful assembly. B. Whether the interference was justified