Onder 3.2 Parket bij de Hoge Raad 5 maart 2024

52. In the Court’s view, although not an uncommon occurrence in the context of the exercise of freedom of assembly in modern societies, physical conduct purposely obstructing traffic and the ordinary course of life in order to seriously disrupt the activities carried out by others is not at the core of that freedom as protected by Article 11 of the Convention. This state of affairs might have implications for any assessment of “necessity” to be carried out under the second paragraph of Article 11 (see Kudrevičius and Others, cited above, § 97). 53. The Court reiterates that the term “restrictions” in Article 11 § 2 must be interpreted as including both measures taken before or during a gathering and those, such as punitive measures, taken afterwards (see Navalnyy , cited above, § 103, with further references). Thus, an interference may consist in, inter alia , dispersal of a gathering or the arrest of participants, and penalties imposed for having taken part in a gathering (ibid.).”

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