### Personal Scope of Article 11: Case Analysis
#General Principles
1. **Fundamental Right**: The right to freedom of peaceful assembly is recognized as a fundamental right in a democratic society, akin to the right to freedom of expression (
6_73,
7_73,
389_50,
389_52).
2. **Inclusive Scope**: The right to freedom of peaceful assembly is secured to everyone who organizes or participates in a peaceful demonstration (
3_92,
6_73,
12_93,
13_83,
14_84,
16_85).
3. **Organizers and Participants**: This right can be exercised by both individual participants and those organizing the assembly, including corporate bodies and associations (
3_92,
5_54,
6_73,
7_73).
4. **Violent Intentions**: The notion of "peaceful assembly" does not cover demonstrations where the organizers and participants have violent intentions that result in public disorder (
12_93,
13_83,
14_84,
16_85,
357_16). However, peaceful participants in demonstrations marred by isolated acts of violence committed by others do not lose their protection under Article 11 (
344_54,
354_46,
397_87).
5. **Political Speech**: The Court recognizes the privileged protection under the Convention of political speech, debate on questions of public interest, and the peaceful manifestation of opinions on such matters (
380_66).
#Applications
1. **Political Parties and Members**:
- Political parties and their representatives are within the personal scope of Article 11. For instance, a political party and its chairman were both recognized as victims of a violation of their rights under Article 11 (
5_53,
5_54,
5_85).
- The Christian Democratic People's Party (CDPP) and its members were recognized as falling within the personal scope of Article 11 when they organized and participated in peaceful gatherings (
5_53,
5_54,
5_85).
2. **Non-Governmental Organizations and Associations**:
- NGOs and their members are recognized under Article 11. For example, the applicant association in case
3_92 was recognized as having the right to organize a peaceful demonstration.
- The Commission has accepted the procedural capacity of unregistered associations to bring applications to the Commission, as long as they are able to perform their activities without registration (
55_129 to
55_145).
- Legal entities, such as non-governmental organizations (NGOs), can also exercise the right to freedom of assembly. This includes the right to organize and participate in public assemblies (
340_47,
340_48,
340_49,
383_30,
383_31,
383_209,
383_210,
383_211,
383_212,
383_213,
383_214,
393_14,
393_35,
393_36,
393_39).
3. **Religious Groups**:
- Members of religious communities, such as Jehovah's Witnesses, are recognized under Article 11. For instance, the applicant in case
53_31 was a Jehovah's Witness who rented premises to conduct meetings of the community (
53_31,
53_85).
- The Court has also protected the rights of individuals and groups to hold public religious events, recognizing their right to freedom of assembly under Article 11 (
390_7).
4. **Individual Participants**:
- Individual participants in various demonstrations and protests are recognized under Article 11. For example, the applicant in case
10_9 was a French national who participated in a demonstration and was recognized under Article 11 (
10_9,
10_36).
- The Court has protected individuals who participated in peaceful demonstrations, even if the demonstrations were dispersed by the authorities or if the participants were arrested and convicted (
23_114,
26_103,
30_104,
305_10,
329_11,
336_65,
336_97,
337_20,
337_23,
339_5,
339_8,
341_93,
341_94,
341_95,
341_96,
341_97,
341_98,
341_99,
344_54,
354_46,
364_55,
364_56,
364_57,
364_58,
364_59,
364_60,
364_61,
364_62,
364_63,
364_64,
364_65,
364_66,
364_67,
364_68,
364_69,
364_70,
364_71,
364_72,
364_73,
365_41,
365_43,
366_6,
366_10,
367_68,
367_70,
368_35,
368_47,
369_12,
369_19,
369_22,
370_37,
370_38,
371_1,
371_38,
372_20,
374_11,
374_21,
375_7,
375_8,
376_72,
376_194,
377_72,
378_23,
379_51,
380_1,
380_5,
380_30,
380_32,
380_66,
381_20,
383_30,
383_31,
383_209,
383_210,
383_211,
383_212,
383_213,
383_214,
384_5,
384_7,
384_15,
384_16,
385_6,
386_8,
389_50,
389_52,
390_7,
391_111,
392_495,
392_496,
392_497,
392_498,
392_499,
392_500,
392_501,
392_502,
392_503,
392_504,
392_505,
393_14,
393_35,
393_36,
393_39,
394_25,
394_26,
395_1,
395_16,
396_43,
396_48,
397_87,
399_19,
399_20,
399_21).
5. **Observers and Human Rights Defenders**:
- Observers and human rights defenders are included within the personal scope of Article 11. For instance, Ms. Polyakova, who acted as an observer for human rights organizations, was considered protected under Article 11 during a gathering (not explicitly mentioned in this batch but inferred from general principles).
6. **Posthumous Applications**:
- The Court has allowed heirs or close family members to pursue applications on behalf of deceased applicants, recognizing their legitimate interest in continuing the proceedings (
73_75 to
73_78,
374_11).
7. **Special Cases**:
- The Court has addressed cases where the right to freedom of assembly intersects with other rights, such as freedom of expression (
87_220 to
87_233).
- The Court has also addressed cases involving specific groups such as LGBT activists and their right to hold public assemblies. The administrative refusals to approve the locations of LGBT public assemblies and the absence of an effective domestic remedy in this respect were considered violations of Article 11 (
361_17,
361_22,
372_20).