Case 357_16
357_16 substantive_scope
16. Regarding the applicability of Article 11 of the Convention, the
Court reiterates that it only protects the right to “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 (see Kudrevičius and Others v. Lithuania [GC],
no. 37553/05, § 92, ECHR 2015). In the present case, there is no indication
– nor has it been argued by the Government – that the applicant or other
potential participants would have had violent intentions. Consequently, the
Court considers that Article 11 is applicable.