Case 262_125
262_125 interference
125. While the events on 7 and 10 August 2009 happened in a situation
of tension and conflict with recourse to the use of force, the applicants’
conduct was not established to have been of violent character. In particular,
while there are some indications of a fight on 10 August 2009 between
certain protesters and security guards employed by a private company (see
paragraphs 34 above), there is nothing to suggest that Mr Buzov himself
participated in this fight or otherwise behaved violently. The appeal
decision in respect of Mr Khripunov mentions that he “grabbed an
[officer’s] uniform and tried to escape” (see paragraph 23 above). However,
that decision contains no particular assessment of the factual allegation
vis-à-vis the charge of disobeying the lawful order of a public official. In the
Court’s view, this element is not sufficient for declaring Article 11 of the
Convention inapplicable. Thus, forcefully terminating participation in the
gathering (in respect of four applicants), and prosecuting and convicting
(four other applicants) in relation to the events amounted to an interference
with their right to freedom of peaceful assembly.