Case 6_88
6_88 interference
88. Govemment as being based on considerations of proponionality : an immediate
police intervention would, in their submission, almost inevitably have led to physical
violence . In choosing between different methods of protecting a demonstration,
limitation of preventive police measures to the control of physical violence and the
taking of repressive measures against any other kind of disturbance may in fact be
indicated . This is particularly so if, as it was claimed in the present case, there is
a likelihood of preventive police measures themselves provoking an outburst of
violence . The Austrian authorities thus cannot be blamed for the fact that in view
of this risk they applied considerations of proponionality and dispersed the counter-
demonstrators only when this could be done without violent confrontation . By acting
in this way, the authorities in fact ainted at preventing disorder on a larger scale than
actually occurred, an aim which is clearly covered by the prevention of disorder
clause in Article 11 para .