Case 344_54
344_54 substantive_scope
54. As to whether the applicants personally could rely on the provisions
of Article 11, the Court reiterates that peaceful participants of a protest
tarnished by isolated acts of violence committed by other participants do not
cease to enjoy the right to peaceful assembly (see Kudrevičius and Others
v. Lithuania [GC], no. 37553/05, § 94, ECHR 2015, and Ziliberberg
v. Moldova (dec.), no. 61821/00, 4 May 2004). It does not appear from any
submissions that the applicants were among those responsible for the initial
acts of aggression which contributed to the deterioration of the protest’s
originally peaceful character. As regards the breaking through the police
cordon imputed to the applicants, they denied having pushed through the
cordon, and even if the applicants found themselves beyond the cordon,
there is no evidence that it had been the result of their deliberate effort.
According to the material in the case file, the cordon rupture had resulted
from the pressure of the crowd which had built up because of the
unexpected and unannounced change by the authorities of the venue layout
(see also Frumkin, cited above, §§ 113-16 and 132). Apart from that, the
applicants’ behaviour remained strictly peaceful, including the chanting of
political slogans by the first applicant. The Court therefore considers that
the applicants enjoyed the protection of Article 11 in the present case.