Case 180_140
180_140 interference
140. The Court accepts that the aim of “prevention of crime” in the
sense of putting an end to punishable unlawful conduct, might be relevant
when the police decides to terminate a demonstration, in so far as such
unlawful conduct constitutes a criminal offence or, as in the present case, an
administrative offence under Russian law (see Kasparov and Others
v. Russia, no. 21613/07, §§ 41-445, 3 October 2013, concerning the
applicability of Article 6 of the Convention under its criminal limb to this
type of cases). Admittedly, both types of offences correspond to the “crime”
mentioned in Articles 10 § 2 and 11 § 2 of the Convention. However, as
presented below, it has not been proven that the applicants organised an
assembly or participated in one without prior notification, or, in other
words, that they committed an offence.
(β) Taking of the applicants to police stations