Case 262_122
262_122 substantive_scope
122. The Court reiterates that the right to freedom of assembly is a
fundamental right in a democratic society and, like the right to freedom of
expression, is one of the foundations of such a society. Thus, it should not
be interpreted restrictively (see Taranenko v. Russia, no. 19554/05, § 65,
15 May 2014). As such, this right covers both private “assemblies” and
“assemblies” in public places, whether static or in the form of a procession;
in addition, it can be exercised by individual participants and by persons
organising a gathering (see Kudrevičius and Others v. Lithuania [GC],
no. 37553/05, § 91, ECHR 2015). Article 11 of the Convention only
protects the right to freedom of “peaceful” assembly, a notion which does
not cover a demonstration where the organisers and participants have
violent intentions. The guarantees of Article 11 therefore apply to all
gatherings except those where the organisers and participants have such
intentions, incite violence or otherwise reject the foundations of a
democratic society (ibid., § 92).