Onder 2.5.2 Hoge Raad 12 november 2024

405. The right to freedom of assembly includes the right to choose the time, place and manner of conduct of the assembly, within the limits established in paragraph 2 of Article 11 (see Sáska v. Hungary, no. 58050/08 (https://hudoc.echr.coe.int/eng), § 21, 27 November 2012). The Court stresses in this connection that the organisers’ autonomy in determining the assembly’s location, time and manner of conduct, such as, for example, whether it is static or moving or whether its message is expressed by way of speeches, slogans, banners or by other ways, are important aspects of freedom of assembly. Thus, the purpose of an assembly is often linked to a certain location and/or time, to allow it to take place within sight and sound of its target object and at a time when the message may have the strongest impact (see Süleyman Çelebi and Others v. Turkey, nos. 37273/10 (https://hudoc.echr.coe.int/eng) and 17 others, § 109, 24 May 2016; see also, for the same approach, § 40 of the Report of the UN Special Rapporteur on the right to freedom of peaceful assembly and freedom of association of 21 May 2012, cited in paragraph 313 above; point 4.2 of the Compilation of Venice Commission Opinions Concerning Freedom of Assembly of 1 July 2014, cited in paragraph 315 above; and point 3.5 and § 101 of the 2010 Guidelines on Freedom of Peaceful Assembly by the ODIHR in consultation with the Venice Commission, cited in paragraph 317 above). Accordingly, in cases where the time and place of the assembly are crucial to the participants, an order to change the time or the place may constitute an interference with their freedom of assembly, as does a prohibition on speeches, slogans or banners (see Stankov and the United Macedonian Organisation Ilinden, cited above, §§ 79-80 and 108-09; The United Macedonian Organisation Ilinden and Ivanov v. Bulgaria, no. 44079/98 (https://hudoc.echr.coe.int/eng), § 103, 20 October 2005; and Disk and Kesk v. Turkey, no. 38676/08 (https://hudoc.echr.coe.int/eng), § 31, 27 November 2012).”

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