Case 426_48
426_48 substantive_scope
48. The right to freedom of assembly is a fundamental right in a
democratic society and, like the right to freedom of expression, is one of the
foundations of such a society. 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 (see Adalı v. Turkey, no. 38187/97, § 267, 31 March 2005;
Ouranio Toxo, cited above, § 36; and Emin Huseynov v. Azerbaijan,
no. 59135/09, § 97, 7 May 2015).BERKMAN v. RUSSIA JUDGMENT