In the case of “Lashmankin and Others v. Russia”, the European Court of Human Rights combined 15 similar complaints submitted by Russian citizens. They were denied the right to peaceful assembly – protest on the streets of their cities and settlements.
The right to peaceful assembly is guaranteed in numerous international human rights instruments. In particular, article 11 of the European Convention on Human Rights states that “Everyone has the right to freedom of peaceful assembly and to freedom of association with others”. The European Court of Human Rights oversees state compliance with the convention.
This module was created in collaboration with HUMANA
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Freedom of Peaceful Assemblies: Notifying Authorities
FIND AND MARK
Here is a panorama of the city. You are trying to find a place for a peaceful rally, but officials refuse to allow the rally to go ahead.
To complete the task, click on all hotspots and explore 7 reasons for refusal. Put a tick if you consider the reason to be unjustified and violating the right to peaceful assembly. For a closer look at each situation, drag and move the panorama. You have two attempts.’
Reason 5
No, because a launch of the new furniture catalogue has been planned in this park at the same time.
This is a violation!
Reason 3
This park on Saturday? Many families will be walking there with their small children. Your event might pose a danger to their health and life.
This is a violation!
Reason 7
Your march and meeting at this location may interfere with the normal functioning of the public utility services, traffic, and commercial activities.
This is a violation!
Reason 1
You lodged your notification for the public event too early. We understand that the post office is closed during the New Year holidays, and that submitting the notification after will be too late, but such is the law.
This is a violation!
Reason 4
Holding a picket outside of a police building is unsafe. In the region, terrorist attacks are carried out against officials. What if this kind of terrorist attack happens during the picket?
This is a violation!
Reason 2
We are having snow removal in this square exactly at that time. Choose another place, such as a park in the suburbs.
This is a violation!
Reason 6
Your critical banners and slogans might trigger a hostile reaction from many supporters of the current government. We cannot authorise this event because of the risk to your own safety.
Freedom of Peaceful Assemblies: Notifying Authorities
READ AND REMEMBER
Read each reason for the refusal of permission for the events, and the position of the European Court of Human Rights in the case of Lashmankin and Others v. Russia.
REASON 1
You lodged your notification for the public event too early. We understand that the post office is closed during the New Year holidays, and that submitting the notification after will be too late, but such is the law.
The strict time limit for notifications creates a narrow window in which people can notify authorities. This window could fall entirely over public holidays meaning that it would be impossible to hold events on some specific dates following those public holidays. The European Court ruled that “while rules governing public assemblies, such as the system of prior notification, are essential for the smooth conduct of public events, their enforcement cannot become an end in itself”. Thus “a rigid application of notification time-limits can lead to an unnecessary interference with freedom of assembly”.
REASON 2
We are having snow removal in this square exactly at that time. Choose another place, such as a park in the suburbs.
Any assemblies inevitably involve a certain level of disruption to ordinary life or the rights of others, including disruption of traffic and pedestrian pathways. Authorities must ensure that responses to such disruption are necessary and proportionate. Measures taken by authorities should not put in jeopardy the right to peaceful assembly itself. “The Court considers that the practice whereby the authorities allow an assembly to take place, but only at a location which is not within sight and sound of its target audience and where its impact will be muted, is incompatible with the requirements of Article 11 of the Convention”.
REASON 3
This park on Saturday? Many families will be walking there with their small children. Your event might pose a danger to their health and life.
In a large number of cases the reasons advanced by the domestic authorities for their refusals to approve the location, time or manner of conduct of a public event related to different types of disruptions of ordinary life, such as, for example, interference with, or hindrance to, traffic, utility services, commercial activities, everyday life of citizens, and maintenance works. The Court reiterates in this connection that any assembly in a public place is likely to cause a certain level of disruption to ordinary life, and that this in itself does not justify an interference with the right to freedom of assembly.
REASON 4
Holding a picket outside of a police building is unsafe. In the region, terrorist attacks are carried out against officials. What if this kind of terrorist attack happens during the picket?
“Proposals to change the location, time or manner of conduct of an assembly were also quite often motivated by a reference to safety or national security considerations, such as a risk of terrorist attacks. It is significant that in their decisions the executive authorities did not rely on any evidence corroborating the existence of such risks or assess whether they were serious enough to justify a restriction of the freedom of assembly. Moreover, the present case shows that a reference to safety and national security risks was sometimes used selectively to restrict anti-government public assemblies, while during the same period of time pro-government assemblies and public festivities were allowed to proceed unhindered, the alleged terrorist risk notwithstanding”.
REASON 5
No, because a launch of the new furniture catalogue has been planned in this park at the same time.
The Court considers that the refusal to approve the venue of a public assembly solely on the basis that it is due to take place at the same time and at the same location as another public event and in the absence of a clear and objective indication that both events cannot be managed in an appropriate manner through the exercise of policing powers, is a disproportionate interference with the freedom of assembly.
REASON 6
Your critical banners and slogans might trigger a hostile reaction from many supporters of the current government. We cannot authorise this event because of the risk to your own safety.
“The Court reiterates that the mere existence of a risk of clashes between the demonstrators and their opponents is insufficient as a justification for banning the event. If every possibility of tension and heated exchange between opposing groups during a demonstration were to warrant its prohibition, society would be faced with being deprived of the opportunity of hearing differing views on any question which offends the sensitivity of the majority opinion. Participants in peaceful assemblies must be able to hold demonstrations without having to fear that they will be subjected to physical violence by their opponents. It is thus the duty of Contracting States to take reasonable and appropriate measures to enable lawful demonstrations to proceed peacefully”.
REASON 7
Your march and meeting at this location may interfere with the normal functioning of the public utility services, traffic, and commercial activities.
See the position of the European Court of Human Rights in Reason 2
Freedom of Peaceful Assemblies: Notifying Authorities
Figure out the tactics
Having faced refusal of the authorities to accept notifications and ensure the right to freedom of peaceful assembly, for a variety of reasons, the different organisers of public assemblies in this case responded differently with their next steps. What would you do?
Imagine that the living conditions in your neighbourhood are getting increasingly unbearable: lack of playgrounds for children, a strong and unpleasant smell coming from the landfill. You have written letters to authorities with zero result. You and your neighbours are going to hold a public protest. Consult with an experienced activist about possible consequences of this, choose your tactic. Learn about the different tactics chosen by protestors and find out what happened as a result.
RESPONSE OPTIONS
RESPONSE OPTIONS+
Hello. You are an experienced activist, and I need your advice. We’ve got loads of problems in our neighbourhood — the landfill smells terrible, traffic is horrible, and there are no playgrounds where the children can play. We wrote letters of complaint to everyone we could think of. But the authorities keep ignoring us. We’d like to march towards the district administration building and have a public meeting there. How do we proceed?
Hello. According to the Russian legislation, you can take it straight to the street only with a single-person picket. Otherwise, you’d better notify the authorities so that they could prepare for a public assembly. By the way, aside from writing complaints, have you tried meeting officials in person?
Hello. The Russian law requires notification of the authorities about most public events. So, yes, you’d better notify the authorities so that they could take security measures and divert traffic. By the way, are you sure that a public event suits your goals best? Have you tried to meet any local officials in person?
Hello. According to Russian law, you do not have to ask permission but rather notify authorities about your public event. By the way, aside from writing complaints, have you considered meeting with authorities in person?
Look, notifications ordinarily include the place, time and nature of the public event, as well as its goals and expected number of participants.
Dear local resident, we have received and reviewed your notification. Unfortunately, we cannot approve your public event. First, near the district administration building, there is a playground where families spend time with their children. Your assembly might pose a danger to their health and life. Second, the new furniture catalogue will be launched there on the same day, and we take it very seriously. However, we respect your right to peaceful assembly. So, we suggest that you have your march and meeting in the village of Nowheresville. Thanks for your understanding. District Administration.
Experienced activist: Wait, did you notice the trick? By Russian law, they cannot approve or disapprove as the procedure is about notification not authorisation! Even if authorisation were required by law, the law itself may not be compliant with human rights principles. Don’t you think that their reasons why you can’t hold your march and meeting at the administration building are way too weird?
Are you serious? Initially, you wanted to draw the authorities’ attention to the problems in your neighbourhood, right? Nowheresville is not a city centre, and it is not even your neighbourhood! Are you going to protest in front of the trees? Sorry, I just don’t get it.
Then go ahead. We’ll see how your “March on Nowheresville” goes. Good luck with that!
Dear Local resident: You have made a wise choice. Our Administration thanks you for your willingness to protest against us in the village of Nowheresville. However, we have just received the information that new boilers will be delivered to the power plant there at exactly the same time that you scheduled your protests for. Obviously, no public events will be allowed at that time.
Do you see the trick? Again, by Russian law they cannot approve or disapprove as the procedure is about notification not authorisation. Even if authorisation were required by law, the law itself may not be compliant with human rights principles. Well, anyway what good would it do to protest in front of trees in a village nowhere near the local officials who have the power to respond to your demands? What are you going to do?
Dear Local resident: We received your letter saying that you are not going to relocate your march and meeting. We would like to remind you that you may be held responsible for organizing an unsanctioned public event.
Give it a try.
Dear local resident, we cannot approve a public event at the back of the administration building either. A motor rally is going to take place there and then. By the way, the time for negotiating with us is up. All the best.
Wait, wait... You know that by Russian law, the procedure is about notification not authorisation! And it is quite consistent with human rights principles. Those who wish to peacefully protest do not have to ask government authorities for permission. Notification is primarily to enable them to take steps to facilitate your event.
Give it a try.
Dear local resident, we cannot agree to a public event at the back of the administration building either. A motor rally event will be going on there. By the way, the time limit for negotiating with us is up. All the best.
Dear Citizen! Thank you for your letter saying that you are not going to relocate your march and meeting. We would like to remind you that you will be held responsible for organizing an unauthorized public event. Take care.
Увы, вы ответили неправильно, но мы восхищены вашим усердием! На самом деле, все эти причины
не являются обоснованными и с точки зрения Европейской конвенции по правам человека нарушают право на
свободу мирных собраний.
Freedom of Peaceful Assemblies: Notifying Authorities
LASHMANKIN AND OTHERS AGAINST RUSSIA
In the case of Lashmankin and others against Russia, several complaints from Russian citizens are united, which, under various circumstances, were deprived of the right to protest on the streets of their cities and towns. As a result, these people could not speak out loud about their problems or express solidarity. Below we talk about the content of individual complaints.
YOU DID WELL! IF YOU WANT TO CONTINUE LEARNING, SIGN UP TO OUR NEW COURSES
What obligations do states have in protecting us when we protest peacefully on the streets? In this module, you will find out how a group of activists in Georgia appealed to the European Court of Human Rights for a judgement in protecting their right to safely conduct a march against homophobia without fear of violent counter-demonstrators.
What is the connection between sexual violence and human rights? How should states define rape and what are their obligations regarding allegations of rape? In this module, we follow the case of ‘E.B’, who sought justice when Romanian authorities failed to investigate her allegations of rape adequately.
You have not indicated any violations
Sorry, you answered incorrectly, but we are impressed with your diligence.
CORRECT ANSWER: Unfortunately, none of these reasons are justified and, in accordance with the European Convention on Human Rights, violate the right to peaceful assembly.
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