(as the case concerns Ukraine)
1. Essence of the decision in 3-5 sentences:
The case concerns the unlawful detention of 12 Ukrainian protesters for 2-3 hours at a police station following their participation in a demonstration against the use of animals in circus acts. The Court found violations of Article 5 § 1 (right to liberty) due to unrecorded detention and Article 11 (freedom of assembly) regarding the protesters’ arrest and detention. However, the Court found no violation regarding police inspection of protesters’ belongings for dangerous items. The Court awarded each applicant €1,200 in non-pecuniary damages.
2. Structure and main provisions:
– The decision examines three main legal issues:
1) Whether the detention at the police station was lawful under Article 5
2) Whether police inspection of belongings violated freedom of assembly rights
3) Whether the arrest and detention violated freedom of assembly rights
– Key findings:
– Unrecorded detention for 2-3 hours violated Article 5
– Police inspection for dangerous items was justified and proportionate
– Arrest and detention were disproportionate measures
– No need to examine Article 13 complaint separately
3. Most important provisions for use:
– The Court established that even short-term (2-3 hours) unrecorded detention at a police station constitutes deprivation of liberty requiring proper documentation
– Police may inspect protesters’ belongings for dangerous items if there are specific grounds for suspicion, but must consider less restrictive alternatives before resorting to arrest and detention
– The burden lies with authorities to prove violent intentions of demonstration organizers
– Presence of potentially dangerous items alone does not justify ending a peaceful protest if there is no evidence of intent to use them violently
– Police must consider proportionate measures and less restrictive alternatives before dispersing demonstrations
The decision provides important guidance on balancing security measures with freedom of assembly rights in the context of peaceful protests.
