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