Case 174_114
174_114 interference
114. In so far as Mr Achilov complained about the termination of the
demonstration, the Court first notes that it is precluded from assessing the
validity of the grounds adduced by the mayor for objecting to the
demonstration (see paragraph 105 above). It was briefly mentioned in the
domestic proceedings (see paragraph 36 above) that the demonstrators had
placed themselves on the road, impeding traffic and the reconstruction
works in the immediate vicinity. However, the Court is not satisfied that all
the relevant facts were properly established in the course of the various sets
of domestic proceedings and subjected to a thorough assessment in order to
ascertain whether the termination of the demonstration (or of the applicant’s
participation therein) was “necessary in a democratic society”, in particular
on account of any valid reasons going beyond the mere illegality of the
demonstration (see Lashmankin and Others, cited above, § 461), for
instance in pursuance of the protection of the “rights of others” and public
safety. The courts did not adduce any reasons which would be both relevant
and sufficient to justify the “interference”. In particular, it was not
ascertained whether and, if so, in what manner and to what extent the
demonstration caused any disruption to ordinary life (see Kudrevičius and
Others v. Lithuania [GC], no. 37553/05, § 155 et seq., ECHR 2015). The
Court concludes that there has been a violation of Article 11 of the
Convention in respect of Mr Achilov on that account (see, in the same vein,
Nikolayev [Committee], cited above, § 57, and the cases cited therein).