ECHR (Commission) The applicants had conducted a sit-in, to protest against nuclear arms, and which obstructed a highway, which gave access to a US army barracks in Germany, for twelve minutes every hour.
Held: Applying the authorities, the Commission said that it considered that ‘the right to freedom of peaceful assembly is secured to everyone who organises or participates in a peaceful demonstration.’
However, it went on to say that: ‘[T]he applicant’s conviction for having participated in a sit-in can reasonably be considered as necessary in a democratic society for the prevention of disorder and crime. In this respect, the Commission considers especially that the applicant had not been punished for his participation in the demonstration . . as such, but for particular behaviour in the course of the demonstration, namely the blocking of a public road, thereby causing more obstruction than would normally arise from the exercise of the right of peaceful assembly. The applicant and the other demonstrators had thereby intended to attract broader public attention to their political opinions concerning nuclear armament. However, balancing the public interest in the prevention of disorder and the interest of the applicant and the other demonstrators in choosing the particular form of a sit-in, the applicant’s conviction for the criminal offence of unlawful coercion does not appear disproportionate to the aims pursued.’
Judges:
CA Norgaard, P
Citations:
[1989] ECHR 28, 13079/87
Links:
Jurisdiction:
Human Rights
Cited by:
Cited – The Mayor Commonalty and Citizens of London v Samede (St Paul’s Churchyard Camp Representative) and Others CA 22-Feb-2012
The defendants sought to appeal against an order for them to vacate land outside St Paul’s Cathedral in London which they occupied as a protest.
Held: The application for leave to appeal failed. The only possible ground for appeal was on the . .
Lists of cited by and citing cases may be incomplete.
Human Rights
Updated: 06 October 2022; Ref: scu.452371