Case 262_124
262_124 substantive_scope
124. It is also noted that, at least as regards the events on 10 August
2009, it appears that the protesters behaved in a manner which impeded
market officials’ access to the building, and they fought with the security
guards of a private company who were present at the site along with the
police. These circumstances were not subjected to any adequate scrutiny
during the administrative-offence proceedings or the criminal inquiry. Nor
did the parties make any specific submissions before the Court on the above
matters. It cannot be said that the applicants were reproached by the
domestic authorities for any specific act of violence or for having any
violent intentions. In this connection, the Court reiterates that an individual
does not cease to enjoy the right to freedom of peaceful assembly as a result
of sporadic violence or other punishable acts committed by others in the
course of a demonstration if the individual in question remains peaceful in
his or her own intentions or behaviour (see Ziliberberg v. Moldova (dec.),
no. 61821/00, 4 May 2004). The possibility of persons with violent
intentions, not members of the organising association, joining a
demonstration cannot as such take away that right (see Primov and Others
v. Russia, no. 17391/06, § 155, 12 June 2014). Even if there is a real risk
that a public demonstration might result in disorder as a result of
developments outside the control of those organising it, such a
demonstration does not as such fall outside the scope of Article 11 § 1, and
any restriction placed thereon must be in conformity with the terms of
paragraph 2 of that provision (see Taranenko, cited above, § 66).