Case 364_68
364_68 substantive_scope
68. In this connection, the Court reiterates at the outset that the right to
freedom of assembly enshrined in Article 11 is a fundamental right in a
democratic society and is one of the foundations of such a society. Thus, it
should not be interpreted restrictively (see Djavit An, cited above, § 56).
Accordingly, States must not only safeguard the right to assemble
peacefully, but must also refrain from applying unreasonable indirect
restrictions upon that right. In view of the essential nature of freedom of
assembly and its close relationship with democracy there must be
convincing and compelling reasons to justify an interference with this right MAHADDINOVA AND OTHERS v. AZERBAIJAN JUDGMENT
13(see Ouranio Toxo v. Greece, no. 74989/01, § 36, ECHR 2005-X (extracts),
and Adalı v. Turkey, no. 38187/97, § 267, 31 March 2005, with further
references).