Case 228_52
228_52 substantive_scope
52. As regards the first ground relied on by the Administrative Court, the
Court reiterates in this connection that, although it is not a priori contrary to
the spirit of Article 11 if, for reasons of public order and national security, a
High Contracting Party requires that the holding of meetings be subject to
authorisation, an unlawful situation, such as the staging of a demonstration
without prior authorisation, does not per se justify an infringement of
freedom of assembly. While rules governing public assemblies, such as the
system of prior notification, are essential for the smooth conduct of public
events since they allow the authorities to minimise disruption to traffic and
take other safety measures, their enforcement cannot become an end in
itself. In particular, where irregular demonstrators do not engage in acts of
violence, the Court has required public authorities to show a certain degree
of tolerance towards peaceful gatherings if the freedom of assembly BARSEGHYAN v. ARMENIA JUDGMENT
14guaranteed by Article 11 of the Convention is not to be deprived of all
substance (see, among other authorities, Oya Ataman v. Turkey,
no. 74552/01, §§ 39 and 42, ECHR 2006-XIV, and Kasparov and Others
v. Russia, no. 21613/07, § 91, 3 October 2013). The appropriate “degree of
tolerance” cannot be defined in abstracto: the Court must look at the
particular circumstances of the case and particularly the extent of the
“disruption of ordinary life” (see Primov and Others v. Russia,
no. 17391/06, § 145, 12 June 2014). The Court has found, for example, that,
in special circumstances when an immediate response to a political event in
the form of a demonstration might be justified, a decision to disband the
ensuing, peaceful assembly solely because of the absence of the requisite
prior notice, without any illegal conduct by the participants, amounts to a
disproportionate restriction on freedom of peaceful assembly (see Bukta and
Others v. Hungary, no. 25691/04, § 36, ECHR 2007-III).