Case 598_54
598_54 interference
54. Turning to the circumstances of the present case, the Court considers
that the interference at issue resulted from the applicant’s arrest at a
demonstration and his subsequent conviction of administrative offences
leading to a sanction of eight days’ detention. The interference in question
was “prescribed by law” as it was based on Article 173 of the CAO (see
paragraph 28 above). The Court further accepts that, in the circumstances of
the present case, the interference pursued the legitimate aim of preventing
disorder and protecting the rights of others. Therefore, the Court’s task is to
determine whether the interference with the applicant’s right to freedom of
assembly, considered in the light of the right to freedom of expression,
answered a “pressing social need” and was “proportionate to the legitimate
aim pursued.”