Case 282_224
282_224 interference
224. The Court observes that, as the case-file material shows, it appears
to have been the position of those protesting in Gorky Park that they were
defending the park as a public space open to everyone as a place of leisure,
without attaching a formal label to their action (see, for instance,
paragraph 76 above). Therefore, it would appear entirely in line with this
apparently shared position for the first and second applicants to assert that
they had been using the park as a public space. Given the circumstances,
implicit in this position was their opposition to any construction work there.
Moreover, it has not been contested that the first and second applicants were
actually among the group of protesters who, on 28 May 2010, had been
blocking the railroad passage for a bulldozer in the area marked off as a
construction site, who had been warned to leave the site and allow the
construction to continue and who, having failed to comply, had been
surrounded by MG staff and removed from the construction site (see
paragraph 45 above). It is evident from that sequence of events that those
who continued to be present in that restrained group of protesters until the
time of arrest could not have been simple bystanders ignorant of what was
at stake and caught up in the events, since any such bystander would have
had an opportunity to leave before being surrounded by security guards.