Case 354_46
354_46 substantive_scope
46. As to whether the applicants personally could rely on the provisions
of Article 11, the Court recalls that peaceful participants in a demonstration
marred 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 transpire from
any submissions that the applicants were among those responsible for the
initial acts of aggression which contributed to the deterioration of the
assembly’s originally peaceful character. As regards 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 police cordon had collapsed
because of the pressure of the crowd which had built up owing to 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. The Court therefore
considers that the applicants enjoyed the protection of Article 11 in the
present case.