Case 256_94
256_94 interference
94. Thus, for instance in the aforementioned case of Osmani and Others,
the applicant, the mayor of a town, stated in a speech made during a public
assembly his refusal to remove an Albanian flag, in defiance of a decision of
the Constitutional Court. That speech triggered a fight between those
citizens who wanted to remove the flag and those who wanted to keep it.
After that incident, that applicant organised an armed vigil to protect the
Albanian flag. The police later found weapons in the town hall and in the
applicant’s flat. On the same day as they found the cache of weapons, the
police were attacked by a group of about 200 people, who were armed with
metal sticks and threw stones, rocks, Molotov cocktails and teargas
projectiles at them. The Court found that in the very sensitive interethnic
situation of that time the applicant’s speeches and actions had encouraged
interethnic violence and violence against the police. Nonetheless, noting
that the applicant was found guilty of stirring up national, racial and
religious hatred, disagreement and intolerance, on account of the fact that he
had organised a public meeting, the Court rejected the Government
argument that Article 11 of the Convention was not applicable in that case.
The Court considered that there had been an interference with the exercise
of the applicant’s freedom of peaceful assembly. It then examined the
necessity and the proportionality of the sanction imposed on the applicant
and concluded that the applicant’s complaint under Article 11 was
manifestly ill-founded.GÜLCÜ v. TURKEY JUDGMENT 37