Freedom of Assembly cases

Mass public protests have been crucially important to securing human rights and democracy across Europe. As well as playing a key role in pivotal historical moments, protests are important for allowing people to make their voices heard and contribute to the ongoing running of any democracy. 

Freedom of assembly is highly restricted in a number of European countries. 70% percent of freedom of assembly violations found by the European Court of Human Rights in the last ten years are still pending implementation. 

Featured
Pride Marches in Moldova: The Case of Genderdoc
Pride Marches in Moldova: The Case of Genderdoc

In 2005 the authorities in Chișinău, Moldova, banned a march planned by an LGBT organisation, to deliberately discourage the promotion of LGBT rights. In 2012 the European Court of Human Rights held that the ban was discriminatory and breached the right to peaceful assembly (art.11 ECHR).

The case of Genderdoc is an example of how NGOs - through engagement with national authorities and submissions to the Committee of Ministers - can ensure that proper information is provided in the implementation process, that monitoring continues while it is still needed, that adequate reforms can be adopted, and that a judgment can lead to rights in practice.

Persecution of Russian opposition member Aleksey Navalny
Persecution of Russian opposition member Aleksey Navalny

In one of many judgments concerning Mr Navalny, the European Court of Human Rights held that between 2012 and 2014 the Russian authorities had detained Mr Navalny following public gatherings.  The arrests had been politically motivated, whilst the detentions had been unlawful, arbitrary, and unjustified by any meaningful reason. They had also violated the right to free assembly, which was not properly protected under Russian law. The Russian authorities are yet to produce documentation to show how they intend to remedy these issues.

Crackdowns on opposition protests in Armenia
Crackdowns on opposition protests in Armenia

After the 2008 presidential election, rallies began in Yerevan’s Freedom Square to protest against alleged irregularities in the vote. The police intervened and broke up the protest in the middle of the night. The authorities subjected participants in the protest to a series of human rights violations. As of December 2019, the Armenian authorities have not submitted appropriate documentation to the Council of Europe in regard to their plans to safeguard the right to public protest in future.

Public demonstrations subject to violent homophobic attacks in Georgia
Public demonstrations subject to violent homophobic attacks in Georgia

In Georgia, pride marches on the International Day Against Homophobia and Transphobia have repeatedly been the scene of mass homophobic violence. Despite a judgment from the European Court of Human Rights highlighting violence from 2012, it is still not possible to protest safely in favour of LGBTI rights.

Unlawful detention of members of a civic movement in Azerbaijan
Unlawful detention of members of a civic movement in Azerbaijan

Rashad Hasanov, Zaur Gurbanli, Uzeyir Mammadli and Rashadat Akhundov are four activists and members of NIDA civic movement. They fight for liberty and peace in Azerbaijan.

In 2013, they organized protests about governement actions.

The same year, they were all arrested and placed in custody for the organization of these events.

The European Court of Human Rights found that their arrest was politically motivated. The reason of their arrest was to punish them for having criticized the government.

The right to peaceful assembly in Turkey: the Oya Ataman case
The right to peaceful assembly in Turkey: the Oya Ataman case

On 22 April 2000, Oya Ataman took to Sultanahmet Square,Istanbul, in protest against prison conditions in Turkey.  Despite posing no threat to public order, Turkish authorities subjected Oya and several of her colleagues to arbitrary arrest and repelled them with pepper spray, a nerve agent capable of causing respiratory problems, nausea, vomiting and spasms.

In December 2006, The European Court found a violation of article 11 of the European Convention of Human Rights, protecting the right to peaceful assembly.

Peaceful assembly in Ukraine: the Vyerentsov case
Peaceful assembly in Ukraine: the Vyerentsov case

In October 2010, Oleksiy Vyerentsov was arrested and sentenced to three days administrative detention. His crime: organising a peaceful demonstration in protest against corruption in the Ukrainian prosecution service. Left with inadequate time to prepare his defence, and deprived of the opportunity to consult with a lawyer, Oleksiy decided to lodge a complaint with the European Court of Human Rights.

In its judgment, the Court found several violations of the European Convention including the right to peaceful assembly and the right to a fair trial.