Case 319_52
319_52 interference
52. In the present case, the Government stressed that the applicants had
been holding an unauthorised demonstration which had had to be dispersed,
and that since the applicants had failed to obey the order to stop the march,
it had been necessary to arrest them in order to maintain public order. They
also submitted that the applicants had been convicted of an administrative
offence for their failure to follow the police instruction to stop the march,
imposed in accordance with section 17.4 of the Federal Law on Assemblies.
That provision stipulated the imposition of administrative liability on
participants of public events for non-compliance with lawful orders of the
police. The applicants, for their part, considered that in fact they had been
sanctioned for having taken part in an authorised demonstration at Chistyye
Prudy. The Court considers that under any interpretation there was a clear
and acknowledged link between the exercise of the freedom of peaceful
assembly by the applicants and the measures taken against them.
Accordingly, their arrest, detention and the ensuing administrative charges
constituted an interference with their right guaranteed by Article 11 of the
Convention.
(c) Whether the interference was justified