Case 160_32
160_32 interference
32. The Court sees no reason to reach a different conclusion in the present
case. For the reasons stated in detail in Taranenko (cited above, §§ 76-79), it
finds that the arrest of the protesters, including the applicants, and their
removal from the President’s Administration’s premises by the police may be
considered as answering a “pressing social need”. On the other hand, for the
reasons also stated in Taranenko (cited above, §§ 90-97), the Court finds that,
although a sanction for the applicants’ actions might have been warranted by
the demands of public order, the lengthy period of detention pending trial and
the long prison sentences imposed on them were not proportionate to the
legitimate aim pursued. Indeed, like Ms Taranenko, the applicants in the
present case were also remanded in custody for a year and were convicted
either to long suspended prison sentences or to long prison sentences without
remission which were actually served. It is significant in this connection that
none of the applicants was accused of any use or threat of violence against
individuals or infliction of any bodily harm to anyone. Nor did the domestic
courts establish whether any of the applicants had personally participated in
damaging State property or had committed any other reprehensible act. It is
also significant that before the end of the trial the defendants compensated all
the pecuniary damage caused by their protest action.